[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.
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Editor's Note: This ordinance also repealed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:
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 with their swearing in, which shall occur within
the first eight days in January of each year.
[Amended 12-14-2004 by Ord. No. 3064-04; 12-28-2021 by Ord. No. 3592-21]
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.
[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; 10-12-2021 by Ord. No. 3581-21; 10-11-2023 by Ord. No. 3669-23]
A.
On or before the first day of January of each year, the Borough of
Rutherford shall pay a yearly sum of $1,325 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.
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 $400 to each active special duty
firefighter in good standing who shall have performed not less than
50% of the fire duty calls occurring during the preceding year.
D.
There shall be no uniform allowance for auxiliary members of the
Fire Department.
E.
Additional allowances shall be paid annually to the following officers
and in the following amounts:
(1)
Fire Chief: $3,300.
(2)
Deputy Chief: $3,000.
(3)
First assistant Chief: $2,400.
(4)
Second assistant Chief: $2,400.
(5)
Third assistant Chief: $2,400.
(9)
Staff positions.
(a)
Officers Association President: $3,100.
(b)
Officers Association Vice President: $1,500.
(c)
Information Technology: $1,100 times two positions, $2,200.
(d)
Officers association Secretary: $1,100.
(e)
Junior Firefighter Coordinator: $800.
(f)
Assistant Junior Coordinator: $525.
(g)
Equipment Officer: $1,100.
(h)
Training Officer: $1,100.
(i)
Communications Officer: $1,100.
(j)
Apparatus Maintenance Officer: $1,100.
(k)
Assistant Apparatus Maintenance Officer: $550.
(l)
LOSAP Coordinator: $1,100.
[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.
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.
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.
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.
