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Borough of Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough of Rutherford Council 12-18-2001 by Ord. No. 2991-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm equipment installation — See Ch. 6.
Fire safety — See Ch. 34A.
Length of service award program — See Ch. 51A.
Maintenance and disposition of municipal materials — See Ch. 61, Art. I.
Payment of pensions to dependents of volunteer fire fighters — See Ch. 67.
Interference with Fire Department equipment — See Ch. 68.
[1]
Editor's Note: This ordinance also repealed former Ch. 33, Fire Department, adopted 9-21-1948 by Ord. No. 1530, as amended.
A. 
The Volunteer Fire Department of the Borough of Rutherford shall consist of five companies. The companies are known and designated as the following:
(1) 
Union Truck and Bucket Company Number 1;
(2) 
Rutherford Fire Engine Company Number Two;
(3) 
West End Engine and Hose Company Number 3, Inc.;
(4) 
Rutherford Engine Company Number 4; and
(5) 
Rutherford Fire/Rescue Company Number 5, Inc.
B. 
Each company shall consist of not more than 17 active members, except as provided in the section authorizing military leave of absence replacements and excepting special duty fire fighters assigned to a company.
C. 
The Mayor and Council may, at any time, consolidate or dissolve any company if there is a failure to perform duties or functions. The Mayor and Council may, at any time, with the recommendation of the Rutherford Fire Department Officer's Association, authorize the organization of additional fire companies, consolidate two or more companies, or dissolve any company. Notice shall be given to the affected company before consolidation or dissolution occurs, and shall require public hearing and amendment of this chapter before effect shall be given to the consolidation or dissolution.
Membership in the Borough of Rutherford Volunteer Fire Department shall be in accordance with this chapter, the document entitled "Rutherford Fire Department Fire fighter/Fire Officer Qualifications and Duties," and the constitution, rules and bylaws of the company to which application is made, including any amendments to those documents. Membership shall be open to all persons who are able to perform fire fighter duties and to meet the criteria set forth in this chapter, without discrimination on the basis of an applicant's race, creed, color, sex, age, national origin, ancestry, marital status, or physical handicap.
A. 
In the event of any inconsistency between the provisions of this chapter and any other document related to the Borough of Rutherford Fire Department and/or its individual companies, this chapter shall take precedence and govern over such other inconsistent document.
B. 
The Fire Department and each company and member therein shall comply with all applicable federal and state guidelines, rules and regulations governing the operation of the Fire Department and the deployment of personnel and equipment.
The document entitled "Rutherford Fire Department Fire fighter/Fire Officer Qualifications and Duties" shall be required to be reviewed every five years by the Rutherford Fire Department Officers' Association. The Officers' Association shall recommend amendments when necessary to the Mayor and Council of the Borough of Rutherford. The Mayor and Council shall adopt any amendments by resolution. If no amendments are sought, the Chief shall prepare a report to the Mayor and Council indicating that the review has been conducted and that the Officers' Association finds that no amendments are necessary.
The government and management of the different fire companies shall be according to such constitution, rules and bylaws as shall be adopted by them. Such company documents shall not be inconsistent with the provisions of this chapter, the document entitled "Rutherford Fire Department Fire fighter/Fire Officer Qualifications and Duties," other Rutherford Fire Department standard operating procedures, policies, and guidelines, and such reasonable rules and regulations for the efficiency of the Fire Department as may be adopted from time to time by the Mayor and Council.
A. 
No person shall become a member of the Fire Department of the Borough of Rutherford or any of the companies thereof unless the applicant meets the following criteria:
(1) 
Completes the application process, including revelation of any criminal history within or without the State of New Jersey, authorization to obtain criminal record history, authorization to obtain driving record abstract, and fingerprinting by the Borough of Rutherford Police Department;
(2) 
Is at least 18 years of age;
(3) 
Is a citizen of the United States or is actively seeking citizenship in the United States and produces evidence of same;
(4) 
Is able to read, write and speak the English language;
(5) 
Holds a valid New Jersey driver's license;
(6) 
Has resided within the Borough for at least 90 continuous days before the date of his or her application;
(7) 
Is physically fit and able to perform the duties of a fire fighter, submits to a medical examination by a physician on behalf of the Borough (to be paid for by the Borough), and produces evidence in the form of a medical certificate signed by the physician allowing fire fighter service;
(8) 
Is of good moral character;
(9) 
Has not been convicted of any crime of the first, second, third or fourth degree or any felony or indictable level charge, regardless of whether or not the conviction has been expunged;
(10) 
Has not been convicted of any criminal or quasi-criminal offense that relates directly to fires, setting of fires, false fire alarms, false public alarms, or the like, regardless of whether or not the conviction has been expunged; and
(11) 
Has not been convicted of any criminal or quasi-criminal offense that is less than 10 years old and that touches upon the applicant's ability to properly and adequately serve as a member of the Fire Department, regardless of whether or not the conviction has been expunged.
A. 
The application procedures are as follows:
(1) 
Every person seeking to join the Fire Department or any of the companies thereof shall make application to the Fire Department on forms to be provided by the Fire Department. The applications are available in the office of the Borough Clerk. Completed applications shall be returned to the office of the Borough Clerk, who shall date/time stamp each such application. Applications that are complete shall be considered in the order in which they are received.
(2) 
A Membership Committee comprised of the Chief and the Deputy Chief and the Assistant Chiefs shall be responsible for evaluating and ruling upon applications for membership. The Committee, within 30 days of receipt of a complete application and the driving abstract, fingerprint identification and criminal history record check from the Police Department, shall make an initial determination as to whether or not the applicant qualifies for auxiliary membership, and shall so advise the company.
B. 
Auxiliary member procedure.
(1) 
If the application is approved by the Membership Committee and the company, the applicant shall become and be considered an auxiliary member of the Fire Department of the Borough of Rutherford, and notice of same shall be given by the Company Secretary to the Mayor and Council. The applicant shall serve as an auxiliary member for at least six months from the date of approval, during which time the auxiliary member shall undertake appropriate training and begin the Firefighter One Course, the Bloodborne Pathogen Course, the Right-to-Know Training Course and any other required mandatory training, and during which time the evaluation process shall be continued by the Membership Committee and by the company.
[Amended 12-14-2004 by Ord. No. 3064-04]
(2) 
At the end of the auxiliary period, if the applicant continues to meet the qualifications for membership set forth in this chapter and has passed the evaluation period successfully, the Membership Committee shall report to the company that the auxiliary member qualifies for regular membership in accordance with the provisions of this chapter and is thus eligible for election by members of the company.
(3) 
The applicant shall thereafter be considered for election by the company. If elected, the applicant shall become a regular member on probation of the Fire Department of the Borough of Rutherford.
C. 
Regular member.
(1) 
After election by the company, the company Secretary shall submit the probationary member's name to the Mayor and Council for approval as a regular member of the Rutherford Fire Department.
(2) 
Thereafter, the Mayor and Council shall proceed to consider and to approve or disapprove the proposed member. If the Mayor and Council approve, the name of the person so approved shall be properly recorded and a certificate shall be issued to the member stating that the person is a duly qualified fire fighter of the Borough of Rutherford and a member of the company named therein, said certificate to be signed by the Mayor and attested by the Borough Clerk.
(3) 
The applicant shall remain as a member on probation for a period of one year from the date of election by the company, which period may be shortened or lengthened on majority vote of the five Fire Chiefs. The member on probation must obtain fire-fighting training and complete and obtain certificates for the Firefighter One Course, the Bloodborne Pathogen Course, the Right-to-Know Training Course and any other required mandatory training, within the probation period. The member on probation must continue to meet all of the qualifications for membership as set forth this chapter.
[Amended 12-14-2004 by Ord. No. 3064-04]
A. 
All members must meet all of the requirements for continued membership as set forth in this chapter, including the following:
(1) 
Shall reside within the Borough of Rutherford or within two miles of the limits of the Borough;
[Amended 4-8-2014 by Ord. No. 3322-14]
(2) 
Shall hold a valid New Jersey driver's license;
(3) 
Shall be able to perform the duties of a fire fighter;
(4) 
Shall be of good moral character;
(5) 
Shall not be convicted of any crime of the first, second, third, or fourth degree or any felony or indictable level charge;
(6) 
Shall not be convicted of any criminal or quasi-criminal offense that relates directly to fires, setting of fires, false fire alarms, false public alarms, or the like;
(7) 
Shall not be convicted of any criminal or quasi-criminal offense touching upon the member's ability to properly and adequately serve as a member of the Fire Department;
(8) 
Shall conduct him or herself at all times with proper accord and dignity, and shall not undertake any action that is unbecoming to a member or officer of the Rutherford Fire Department;
(9) 
Shall undertake and complete any required mandatory training courses, including the Bloodborne Pathogen Course, the Right-to-Know Training Course and any other required mandatory training, within the time set forth by the Rutherford Officer's Association;
[Added 12-14-2004 by Ord. No. 3064-04[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections A(9) and (10) as Subsection A(10) and (11), respectively.
(10) 
Shall meet all of the requirements for continued membership as set forth in the document entitled "Rutherford Fire Department Fire fighter/Fire Officer Qualifications and Duties" and in Fire Department standard operating procedures and guidelines; and
(11) 
Shall meet all of the requirements for continued membership as set forth in the company constitution, bylaws, and rules and regulations.
A. 
All members must meet all of the following additional conditions for continued membership:
(1) 
It shall be the duty of each member to advise his or her company officer if he or she is arrested at any time. Such notification shall be required within three days of the arrest. The company officer shall thereafter immediately advise the Chief of the Department.
(2) 
It shall be the duty of each member to advise his or her company officer if any criminal or quasi-criminal charges or offenses, including domestic violence charges, are filed against him or her at any time. Such notification shall be required within three days of the charges being filed. The company officer shall thereafter immediately advise the Chief of the Department.
(3) 
It shall be the duty of each member to advise his or her company officer if his or her driving privileges have been suspended or revoked at any time. Such notification shall be required within three days of the suspension or revocation. The company officer shall thereafter immediately advise the Chief of the Department.
(4) 
If at any time any member shall become ineligible for or fail to continue to meet the qualifications of membership, it shall be the responsibility of the member to so advise his or her company officer. The company officer shall immediately advise the Chief of the Department.
(5) 
Criminal record and fingerprint check.
(a) 
Each member of every company shall submit to and authorize criminal record and fingerprint checks once every five years. This shall be accomplished by requiring each company to comply in a particular year on the following schedule: 2002 - Union Truck and Bucket Company Number 1; 2003 - Rutherford Fire Engine Company Number Two; 2004 - West End Engine and Hose Company Number 3, Inc.; 2005 - Rutherford Engine Company Number 4; 2006 - Rutherford Fire/Rescue Company Number 5, Inc.; and thereafter on a cyclical basis.
(b) 
All members of the particular company shall be required to report to their company officer and submit all necessary authorization to accomplish the criminal record and fingerprint checks by no later than February 15 of each year. Failure to do so shall be reported by the company officer to the Chief of the Fire Department.
(6) 
Each member shall authorize a check of his or her driving abstract on an annual basis.
A. 
The Chief of the Fire Department or the Mayor may suspend any member or employee of the Fire Department from active duty pending the resolution of charges against the member. Such suspension may occur for an alleged violation of this chapter or an alleged violation of any other law or Borough ordinance of a criminal or quasi-criminal nature.
B. 
The Fire Chief shall have the authority to suspend any member for a period not to exceed 90 days for failure to comply with the requirements of continued membership set forth in this chapter. The affected member shall have the right to appeal such suspension to the Mayor and Council.
C. 
The following shall apply in the situations addressed:
(1) 
Arrest of and filing of charges against any member for a crime of the first, second, third, or fourth degree, or for any felony or indictable level charge, or any offense that relates directly to fires, setting of fires, false fire alarms, false public alarms, or the like, shall require mandatory immediate suspension until the criminal charges are resolved. No hearing shall be required for this suspension.
(2) 
Conviction of any member for a crime of the first, second, third, or fourth degree, or for any felony or indictable level charge, or any offense that relates directly to fires, setting of fires, false fire alarms, false public alarms, or the like shall result in immediate permanent termination of the membership. No hearing shall be required for this termination.
(3) 
Arrest of and filing of charges for a criminal or quasi-criminal offense, including domestic violence charges, may result in immediate temporary suspension pending a hearing before the Mayor and Council.
(4) 
Conviction of any member for a criminal or quasi-criminal offense, including domestic violence charges, may result in issuance of a reprimand, suspension, reduction in rank or termination of membership, such punishment to be determined in a hearing before the Mayor and Council.
(5) 
Any termination of a member shall require forfeiture of any and all rights and privileges accruing from membership, with the exception of LOSAP benefits accrued as of the date of termination. If state law prohibits forfeiture of those LOSAP benefits, same shall not be lost to a terminated member.
(6) 
All criminal or quasi-criminal events involving a member shall require the Chief of the Fire Department to file a confidential report to the Mayor and Council at the time of the events, which report shall also be served upon the member so charged. The report shall detail the events and criminal charges, and shall contain the Chief's recommendations for discipline, if any, of the member, and shall detail any important factors which should be considered by the Mayor and Council, including the member's service record and prior violations, if any.
(7) 
At any time when a hearing is required, either to determine temporary or permanent discipline, the Mayor and Council hold a hearing within 45 days or within such time as is reasonable under the circumstances. The Mayor and Council shall advise the affected member and the Fire Chief of the date and time of the hearing to be conducted and shall afford the member an opportunity to be heard and to present evidence and shall consider such other evidence or testimony proffered. Such hearing shall be conducted in closed session unless the affected member requests in writing that it be held in public pursuant to N.J.S.A. 10:4-12b(8). Thereafter, the Mayor and Council shall deliberate in closed session as provided under N.J.S.A. 10:4-12b(9), and a decision shall be issued and made public and served upon the member so affected and the Chief of the Fire Department.
D. 
Any other charges or alleged violations shall be dealt with according to the individual company's constitution, bylaws, and rules and regulations, but the following minimum requirements shall apply:
(1) 
Charges shall be in writing and served upon the member. The charges shall contain such specificity as to advise the member of the nature of the charges and nature of the proofs against him or her, and shall cite the ordinance, fire department regulation, bylaw or constitution, or other law or ordinance alleged to have been violated.
(2) 
A hearing before the company membership shall be held and the affected member shall have the opportunity to be heard and to present evidence, and the membership shall consider such other testimony and evidence proffered.
(3) 
A vote of the company membership shall be required after the hearing.
(4) 
A decision shall be issued after the vote and the member advised of the decision.
(5) 
There shall be no right of appeal where the disposition is dismissal of charges, issuance of a reprimand, or suspension for 30 days or less.
(6) 
For all other dispositions, the member shall have a right to appeal to the five Fire Chiefs, who shall either hold a hearing or issue a decision approving the vote and decision of the company membership, such option to be determined by majority vote of the Chiefs.
(7) 
The member shall have a right to appeal the decision of the Fire Chiefs to the Mayor and Council within seven days of the date of the decision, by filing a written request for an appeal. The Mayor and Council shall hold a hearing within 30 days of the date of the written appeal or within such time as is reasonable under the circumstances. The Mayor and Council shall advise the affected member and the Fire Chief of the date and time of the hearing to be conducted, and shall afford the member an opportunity to be heard and to present evidence, and shall consider such other evidence or testimony proffered. Such hearing shall be conducted in closed session unless the affected member requests in writing that it be held in public pursuant to N.J.S.A. 10:4-12b(8). Thereafter, the Mayor and Council shall deliberate in closed session as provided under N.J.S.A. 10:4-12b(9), and a decision shall be issued and made public and served upon the member so affected and the Chief of the Fire Department.
A. 
The Chief of the Rutherford Fire Department, the Deputy Chief, the First Assistant Chief, the Second Assistant Chief and the Third Assistant Chief shall each be elected by a majority vote of the members of the Fire Department present and voting, for terms of one year commencing on the first Saturday on or after January 1st of every year.
[Amended 12-14-2004 by Ord. No. 3064-04]
B. 
No two of the above offices shall be filled by members from any one company. Members seeking to be elected to these offices shall be required to meet all of the qualifications set forth in this chapter and the document entitled "Rutherford Fire Department Fire fighter/Fire Officer Qualifications and Duties."
C. 
At least five days before the date set for the elections, each company shall provide both the Mayor and Council and the Officers' Association with documentation showing proof of eligibility of members for election to the offices of Chief, Deputy Chief, and Assistant Chief.
D. 
The election of the above-stated offices shall take place on the third Saturday in November of each year, with the exception of the year 2014 during which year the annual election shall be held on November 8, 2014. Notice stating the time and place of the election shall be given to each company by the Borough Clerk at least 30 days before the holding of the election. The polls at the elections shall remain open for at least one hour. Individual balloting shall prevail. Only members in good standing shall be eligible to vote.
[Amended 10-28-2003 by Ord. No. 3031-03; 6-25-2014 by Ord. No. 3331-14]
E. 
If a contested election or a failure to elect a Chief, Deputy Chief, or Assistant Chief occurs, another election shall be required to be held no sooner than 10 days following the fourth Monday in November. Notice stating the date, time and place for the election shall be given to each company by the Borough Clerk as soon as practicable after the contested election occurs. All other provisions of this chapter shall apply in the new election(s).
F. 
Each Chief shall be a member in good standing at all times to continue to hold office.
A. 
In the event of a vacancy in any of the offices of Chief, Deputy Chief, or Assistant Chief, the Officers' Association shall make a recommendation to the Mayor and Council as to the necessity for filling the open position. If the Officers' Association recommends that the position be filled, it shall also recommend a member to hold the position for the unexpired term of the vacant office. Whenever possible, the recommended member shall be from the company of the vacating officer. Such member must meet the qualifications set forth in this chapter and in the document entitled "Rutherford Fire Department Fire fighter/Fire Officer Qualifications and Duties."
B. 
The Mayor, with the advice and consent of the Council, may appoint the recommended member to fill the unexpired term of the vacated office.
[Amended 12-14-2004 by Ord. No. 3064-04]
A. 
It shall be the duty of each company to elect from its members a Captain, a Lieutenant and an Engineer. In addition to those positions, Fire Engine Company Number 2 shall also elect an Assistant Engineer for the purpose of providing maintenance for the Special Services Unit. The elections shall be run in accordance with each company's constitution and bylaws, but shall not be inconsistent with this chapter. Only members in good standing shall be eligible to vote.
B. 
The holding of the elections for Captains, Lieutenants, Engineers and Assistant Engineer shall be as follows:
(1) 
Rutherford Engine Company Number 4 on the first Monday of November of each year;
(2) 
Union Truck and Bucket Company Number 1 on the first Tuesday of November of each year;
(3) 
West End Engine and Hose Company Number 3, Inc., on the first Thursday of November of each year;
(4) 
Rutherford Fire Engine Company Number 2 on the first Friday of November of each year;
(5) 
Rutherford Fire/Rescue Company Number 5, Inc., on the first Friday in November of each year.
C. 
The term for each Captain, Lieutenant, Engineer and Assistant Engineer shall be for one year commencing on the first Saturday on or after January 1st of each year.
D. 
Members seeking to be elected to these offices shall be required to meet all of the qualifications set forth in this chapter and in the document entitled "Rutherford Fire Department Fire fighter/Fire Officer Qualifications and Duties."
E. 
Each officer must be a member in good standing at all times to continue to hold office.
A. 
The Chief shall at all times have sole command over all the companies, apparatus and equipment of the Fire Department. It shall be his or her duty to direct all other officers and members of the Department in the performance of their duties. It shall be his or her duty to examine the condition of the companies, apparatus, equipment and firehouses as often as necessary to insure their adequate and proper function and to report on the same to the Mayor and Council on a quarterly basis.
B. 
In the absence of the Chief, the Deputy Chief and the Assistant Chiefs, in the order of their rank, shall perform the duties of the Chief at all fires and emergencies.
C. 
In the absence of the Chief, the Deputy Chief and the Assistant Chiefs, the first arriving company officer of any of the companies to arrive at the scene of the fire shall act as the incident commander in accordance with Rutherford Fire Department incident command system standard operating procedures.
A. 
The Rutherford Fire Department Officers' Association shall consist of those members in good standing that hold the offices of Chief, Deputy Chief, Assistant Chiefs, Captains, Lieutenants, Engineers and Assistant Engineer.
[Amended 12-14-2004 by Ord. No. 3064-04]
B. 
The Officers' Association shall hold a meeting at least once a month. A majority of all of the members of the Officers' Association must be present to formally act or make any binding decisions at any meeting.
C. 
Rules, regulations, standard operating procedures and guidelines shall be adopted by a majority vote of the officers who are present at the meeting. No officer shall vote unless he is a member in good standing.
A. 
When an active fire fighter desires to be transferred from membership in one company to membership in another company in the Rutherford Fire Department, he or she shall apply to the company to which he or she desires to be transferred. Upon approval by that company, the application shall then be submitted to the Officers' Association. Upon the recommendation of the Officers' Association, the Mayor and Council may then authorize the transfer.
B. 
The transferred member's annual record of duty for the year of the transfer shall be based on his or her record in both companies during that year. The company Secretary from which the member transferred shall prepare and endorse a transcript of the member's record from the beginning of the company year up to the date of the transfer, which shall be provided to the new company. Membership in one company shall not terminate until admission into the new company occurs.
A. 
The Mayor and Council may, upon written request, grant permission to a member for a leave of absence from the Fire Department for such time as the Mayor and Council shall deem proper, not to exceed six continuous months, which period may be extended by the Mayor and Council upon written request of the member.
B. 
The Mayor and Council may, upon written request, grant permission to a member for a leave of absence from the Fire Department when the member is entering the military service of the United States or of the State of New Jersey. The leave of absence shall remain in effect until the member is discharged from the military service or submits a written resignation from the Fire Department, whichever occurs first.
C. 
When any member of the Fire Department is granted a military leave of absence, the Mayor and Council may fill the vacant position in accordance with the procedures set forth in this chapter. Upon the return of the member on military leave of absence to the Fire Department, the member appointed in his or her stead shall still be entitled to remain as a member of the Fire Department even though company may have an active membership of more than 17 persons.
[Amended 12-14-2004 by Ord. No. 3064-04]
Apparatus and equipment shall not be removed or caused to be removed from any of the firehouses except as follows:
A. 
For the answering of fire alarms or call(s) for mutual aid assistance from one of our neighboring towns or for other extreme emergency.
B. 
For any other reason, including the following reasons, prior written request shall be submitted to the Mayor and Council, which body shall grant or deny permission for the removal:
(1) 
Attendance at wetdowns and parades within the South Bergen Mutual Aid Zone 1 and Zone 2;
(2) 
Attendance at properly authorized fire academies, training and drills, except that the Fire Chief may give prior written permission for attendance at such events if it is not possible to obtain the Council’s permission before the event is to occur. In the event that the Fire Chief gives permission, a report shall be made for the next Council meeting after the event, and the Fire Chief shall be responsible for his or her act to the Mayor and Council;
(3) 
Attendance at funerals and memorials that are fire-service related, except that the Fire Chief may give prior written permission for attendance at such events if it is not possible to obtain the Council’s permission before the event is to occur. In the event that the Fire Chief gives permission, a report shall be made for the next Council meeting after the event, and the Fire Chief shall be responsible for his or her act to the Mayor and Council.
Each company shall be responsible for the safekeeping and careful usage of the machines, apparatus and equipment provided for its use by the Borough of Rutherford. Any loss or damage to machines, apparatus, or equipment shall be promptly reported by the company to the Chief of the Fire Department, who shall, in turn, report any loss or damage to the Mayor and Council.
It shall be the duty of each company in the Fire Department to keep a complete and detailed inventory of all apparatus, supplies and equipment placed in its charge by the Borough of Rutherford. The inventory shall be made as of the first of January of each year and a written report shall be filed with the Borough Clerk no later than February 1 of each year.
The Mayor and Council may inspect the entire Fire Department or any of the firehouses, apparatus or equipment at such times as the Mayor and Council shall determine.
A. 
Any active fire fighter who has completed 20 years of active service and has reached the age of 60 years or has completed 25 years of active service may become a retired member of the Fire Department.
B. 
Retired members shall have the rights, duties and privileges of active members, except that they shall not perform active fire-fighting duties nor be eligible to vote for or serve as an officer of the Department or any company.
A. 
Due to the problem of diminished manpower response to daytime fire alarms, there is hereby established as part of the Fire Department of the Borough of Rutherford the position of special duty fire fighter.
B. 
Special duty fire fighters for the Fire Department shall consist of not more than 10 active members.
C. 
Every person seeking to join the Fire Department as a special duty fire fighter shall make application in accordance with the procedures in this chapter.
D. 
Every person seeking to join the Fire Department as a special duty fire fighter shall meet the qualifications and requirements set forth in this chapter for membership, except the applicant shall not be a resident of the Borough of Rutherford, and except that each applicant shall have already completed the Fire fighter One course before application and shall present evidence of the successful completion of the course to the Borough.
E. 
Every person admitted to membership as a special duty fire fighter shall be required to meet the qualifications and requirements set forth in this chapter for continued membership, except that they shall not be residents of the Borough of Rutherford.
F. 
All persons admitted to membership as special duty fire fighters shall be required to immediately submit to a training session conducted by the Captains of the Rutherford Fire Department. The training session shall include a review of Fire Department standard operating procedures, equipment, apparatus and radio communications, and such other things necessary to train and familiarize the special duty fire fighter with the requirements of the Fire Department.
G. 
Special duty fire fighters shall respond to fire duty calls during the hours they are within the Borough.
H. 
Special duty fire fighters shall not be eligible for election to the any officer's position.
A. 
On or before the first day of January of each year, the Borough of Rutherford shall pay a yearly sum of $800 per active member in good standing for uniform allowance. The payment shall be made to the companies and distributed by the companies to the active members.
[Amended 11-10-2008 by Ord. No. 3165-08; 10-28-2014 by Ord. No. 3341-14; 5-8-2017 by Ord. No. 3421-17]
B. 
On or before the first day of January of each year, the Borough of Rutherford shall pay a yearly sum in the same amount set forth for active members for each then living retired member on the roles of the companies. The payment shall be made to the companies and distributed by the companies to the retired members.
C. 
On or before the first day of January of each year, the Borough of Rutherford shall pay a yearly sum of $360 to each active special duty fire fighter in good standing who shall have performed not less than 50% of the fire duty calls occurring during the preceding year.
[Amended 11-10-2008 by Ord. No. 3165-08]
D. 
There shall be no uniform allowance for auxiliary members of the Fire Department.
[Added 8-23-2005 by Ord. No. 3085-05]
A. 
"Line-of-duty activities" are defined as activities that relate to the duties of members of the Rutherford Fire Department, activities that are sponsored by the Fire Department or activities that are approved for member participation by the Fire Department. Line-of-duty activities include responding to and operating at alarms or incidents, either in-town or for mutual aid; in-town training drills, company drills, departmental drills and mutual aid drills; and maintenance of Fire Department apparatus or buildings that house the apparatus.
B. 
In addition, the following activities shall be considered to be line-of-duty activities:
(1) 
Travel to and from any training facility, training program or training seminar that the Department participates in or when participation by any member has been approved by the Department.
(2) 
Travel to and from any meeting that the Department participates in or when participation by any member has been approved by the Department, or when the Department has assigned a member to attend. These meetings include:
(a) 
Zone Meetings;
(b) 
Mutual Aid Meetings;
(c) 
South Bergen County Chiefs' Meetings;
(d) 
South Bergen County Active Chiefs' Meetings;
(e) 
Bergen County Fire Chief Association Meetings;
(f) 
Bergen County Fire Prevention and Protection Association Meetings;
(g) 
New Jersey State Fire Chiefs Association Meetings;
(h) 
Zone Training Officers' Meetings;
(i) 
Bergen County Juvenile Fire Prevention Program Meetings;
(j) 
Emerald Society Meetings;
(k) 
Meetings sponsored or conducted by the State Division of Fire Safety or the State of New Jersey; and
(l) 
Regional meetings and New Jersey State Firemen's Convention attendance by delegates and active duty life members.
(3) 
Render of aid at any emergency scene where the safety of the public is at risk, regardless of where the emergency occurs, so long as the member of the Rutherford Fire Department has completed a minimum Firefighter I training course.
[Added 8-14-2018 by Ord. No. 3472-18]
The purpose of this article is to establish a procedure to determine a member in good standing, along with penalties and the establishment of a committee to review these members. This article shall also establish fair and objective standards that apply to all members of the Rutherford Volunteer Fire Department. A further purpose is to establish a life member status for the Rutherford Volunteer Fire Department. The policy set forth in this article was approved by the Rutherford Volunteer Fire Department Officers' Association in October of 2017. This article shall be retroactive to January 1, 2018, as the purpose of these amendments is to protect the health, safety, and welfare of the public.
A. 
The Committee will consist of two members from each company, and each company will appoint a member to the Committee.
B. 
To be eligible to be on the Committee, the member must be an ex-Chief or have 30-plus years on the Department for the first position, and a member with less than seven years on the Department for the second.
C. 
The Committee will review excuses and evaluate what will constitute a valid excuse regarding the percentage of calls set forth at § 33-28.
D. 
The Committee will meet at least one time per quarter, which meeting will be formal, with the Department Secretary present to record minutes.
E. 
For voting purposes:
(1) 
Eight out of 10 members must be present to take action or vote on anything.
(2) 
Recommendation will be given by the Committee to the Chief and Officers' Association, who will have the ultimate decision on the action taken.
A. 
The percentage of calls that the Rutherford Fire Department membership will be required to make is as follows:
(1) 
Zero to seven years: 25%.
(2) 
Eight to 14 years: 20%.
(3) 
Fifteen to 25 years: 15%.
(4) 
Over 25 years: exempt from a percentage requirement and minimum drill attendance.
(5) 
Twenty percent for all company officers and Chiefs.
(6) 
Members must make a minimum of 50% of company and Department drills per quarter.
B. 
Members can be excused from the percentage requirement upon documenting the excuse and presenting their excuse to the Member in Good Standing Committee. Approved excuses are as follows:
(1) 
Medical with doctor's note: to be reevaluated after 18 months.
(2) 
Personal.
(3) 
Leave of absence
A. 
The following are penalties for not making a percentage of calls set forth at § 33-28A:
(1) 
Must make one out of four quarters to get 25% of clothing allowance.
(2) 
Must make two out of four quarters to get 50% of clothing allowance.
(3) 
Must make three out of four quarters to get full clothing allowance.
(4) 
Attending Department Dinner at no cost based upon total percentage for the year.
(5) 
Voting at Chiefs' elections based upon total percentage for the year.
B. 
Percentages are reviewed quarterly by the Member in Good Standing Committee: January through March, April through June, July through September, and October through December.
To be eligible to run for a position of a line officer, the member shall maintain good standing status for two quarters in the current year.
A. 
Per § 33-8A(9), members are required to take mandatory training.
B. 
There will be a thirty-day grace period to complete all mandatory training.
C. 
Failure to take the mandatory training as set forth at § 33-8A(9) shall result in being a member not in good standing.
A. 
Any member who has served as Chief of the Department and who has achieved 35 years of service may request life member status. Any member who has served 40 years but not served as Chief of the Department may request life member status.
B. 
Life members:
(1) 
Shall not respond to incidents, but may staff radio positions and may serve as the communications officer.
(2) 
Shall not drive fire apparatus.
(3) 
Shall not be issued turnout gear.
(4) 
Are not responsible to attend mandatory training.
(5) 
Shall continue to receive a clothing allowance.
(6) 
May hold corporate office.
(7) 
May serve on Fire Department committees.
(8) 
May vote at company and Department elections.
C. 
Each company may have an unlimited number of life members in addition to the authorized strength of the fire companies established by Borough ordinance.
If any article, section, paragraph, clause or provision of this chapter shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall apply only to the article, section, paragraph, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.