[Adopted 2-14-2006 by Ord. No. 2006-2]
The Fire Department of the Borough of Prospect Park shall consist of the Prospect Park Volunteer Hose Co. No. 1, Prospect Park Volunteer Fire Co. No. 1 and such other companies as the Mayor and Council may from time to time add thereto. The services rendered by said Department shall be voluntary.
The membership of the Fire Department shall not exceed 90. The membership shall not exceed 45 members per company.
A. 
There shall be created a Board of Fire Officers. The management of the Department shall be vested in the Board of Fire Officers, which is authorized to adopt bylaws for control, government, management, regulations and day-to-day operations of said Department such as shall not conflict with this article. Prior to effective date of the bylaws, the Board of Fire Officers shall submit to the Council the bylaws which shall become effective upon the affirmative vote of the majority of the Council present at such time. In the event of a tie vote, the Mayor shall vote to break a tie vote of the Council.
B. 
Said Board of Fire Officers shall be composed of the current Chief, the two Assistant Chiefs, the two Captains and the two Lieutenants.
C. 
The Chief shall be the presiding officer at the meetings of the Board of Fire Officers, which shall meet the second Wednesday of each month or when necessary. In the event the Chief is unable to meet on said date, the meeting shall be rescheduled. Notwithstanding, the Board of Fire Officers shall meet at least once a month.
No person shall be eligible for membership in the Fire Department unless he/she is a citizen of the United States, resides within a five-mile radius of Borough hall, is at least 18 years of age, and is physically capable of performing all the duties and responsibilities of a member of the Fire Department. Any requirement which is not established by New Jersey state statute, rules or regulations can be waived at the recommendation of the Fire Chief and approval of the Mayor and Council.
No person shall become a member of the Fire Department until the applicant has applied to and has been approved to become a member of one of the recognized fire companies, passed a physical examination performed by a medical doctor licensed to practice medicine in the State of New Jersey, been approved for membership by the Chief of the Fire Department and had their application approved by the Mayor and Council. No person who has been convicted of a crime shall be eligible to become a member of the Fire Department.
A. 
All officers and members of the Fire Department shall also be a member of one of the recognized fire companies as established by § 35-10. All members shall sign the oath of office of the Borough of Prospect Park promising to perform the duties of a firefighter as prescribed by Borough ordinances and the rules and regulations of the Fire Department.
B. 
All members of the Fire Department shall serve an initial probationary period of 12 months. The initial appointment by the Mayor and Council shall commence the probationary period. A probationary member in the Volunteer Fire Department shall be required to maintain an active attendance average of 60% of fire alarms, drills and required fire training before he/she may qualify as an active Fire Department member.
C. 
After expiration of the twelve-month period, the Board of Fire Officers shall determine whether the probationary member has qualified for active rank. The Board of Fire Officers shall have the opportunity to extend the probationary period for an additional three months. Should the probationary member not qualify at that time, said individual shall automatically be discharged as a Volunteer Fire Department member with no right to appeal. Probationary period may be waived by the majority vote of the Board of Fire Officers if the applicant is transferring from another Fire Department.
A. 
Each member of the Department shall be subject to punishment by reprimand, suspension or expulsion from the Department, according to the nature and gravity of the offense, for any of the following causes:
(1) 
Willful disobedience of orders;
(2) 
Disrespect to a superior officer;
(3) 
Refusal or failure to attend fires or fire drills;
(4) 
Immorality, indecency or lewdness;
(5) 
Neglect of duty;
(6) 
Convicted of any criminal law;
(7) 
Conduct subversive to good order and discipline of the Department;
(8) 
Violation of any rules, orders or regulations of the Fire Department;
(9) 
Willful abuse of fire equipment.
B. 
However, the above list of causes for disciplinary charges are merely examples and shall not be construed as a complete list of causes for which a member of the Fire Department may be subject to disciplinary action.
A. 
Charges against any member of the Department shall be made in writing under oath and filed with the Borough Clerk within 10 days after the offense is alleged to have been committed or discovered. Only members of the Board of Fire Officers may institute charges against a member of the Fire Department. The institution of disciplinary charges must be approved by the Fire Chief, except if the charges are against the Chief. In such a case, the charges are to be approved by at least one Assistant Chief.
B. 
The date, time and place of the hearing of said charges shall then be fixed by the Mayor and Council at a meeting specially convened for that purpose at its next regular meeting and at least five days before the date so fixed for hearing, a written copy of said charges, together with a notice of the date, time and place of said hearing, shall be served on the member against whom the charges are made, either personally or by leaving the same at such member's usual place of abode.
C. 
At the time, place and date fixed for the hearing of said charges, the Board of Fire Officers shall hear the evidence adduced by all parties concerned and shall render its recommendation to the Mayor and Council by a majority vote of the Board of Fire Officers. At all such hearings, the Chief shall be the presiding officer and shall be in charge of issuing the written recommendation of the Board of Fire Officers of discipline to the Mayor and Council. Such hearings shall be either recorded or transcribed by a stenographer, the transcripts of such hearings and copies of any exhibits utilized therein shall also be provided to the Council for a final determination of the disciplinary charges. At all such hearings, the defendant may have the assistance of legal counsel in the presentation of evidence to the Board of Fire Officers at a cost to be borne solely by the defendant. At the conclusion of the hearing, the decision of the recommendation of the Board of Fire Officers shall be registered by motion and roll call vote, including the penalty, if any. The hearing of said charges may be adjourned from time to time in the discretion of the majority of the Board of Fire Officers; provided, however, the Board of Fire Officers shall render its recommendation within 15 days following the conclusion of the hearing. Unless the recommendation is rendered at the conclusion of the hearing, notice of the recommendation shall be mailed to the defendant.
D. 
At the next regularly scheduled Council meeting immediately following the receipt of the recommendation by the Board of Fire Officers and all of the evidence presented at the hearing, the Mayor and Council shall review the recommendation of the Board of Fire Officers and the evidence presented therein and either accept, reject or modify the Board its recommendation and render a final determination of disciplinary action. The final determination as to the disciplinary charges and the penalty therefor shall be made by a majority vote of the Council present at the meeting. The Mayor shall vote upon the final determination only to break a tie vote of the Council.
Notwithstanding a member's entitlement to a hearing, the Fire Chief shall have the right to immediately suspend a member of the Department for disciplinary purposes until such time a hearing and final determination is made by the Mayor and Council. The Chief shall immediately report to the Mayor and Council all disciplinary matters.
A. 
The Mayor and Council shall also have the right to suspend or expel any member or officer of the Department upon written charges preferred by Mayor or a member of the Council. In such a case, the Mayor and Council shall conduct a hearing with adequate notice to the Chief and accused member. The hearing shall occur within 30 days of receipt of notice by the Chief and the accused. The Final Determination as to the disciplinary charges and the penalty therefor shall be made by a majority vote of the Council present at the meeting. The Mayor shall vote upon the final determination only to break a tie vote of the Council. The conditions of the hearing shall be consistent with those set forth in § 35-17 above.
B. 
The accused member shall have the right to appear and be heard at the hearing with or without the assistance of legal counsel, which cost shall be borne solely by the accused member.
The officers of the Fire Department shall consist of the Chief of the Department and each company shall have one Assistant Chief, one Captain and one Lieutenant.
A. 
No member of the Department shall be eligible for the election of office who has not been a member of the Department for at least three years.
(1) 
Chief: In order to be eligible to become Chief, a member must have completed six years as an Assistant Chief on the Department by December 31.
(2) 
Assistant Chief: In order to be eligible to become Assistant Chief, a member must have completed two years as Captain by December 31.
(3) 
Captain: In order to be eligible to become Captain, a member must have completed two years as Lieutenant by December 31.
(4) 
Lieutenant: In order to be eligible to become Lieutenant, a member must have completed three full years on the Fire Department by December 31.
B. 
Any exceptions to the above must be approved by the Board of Fire Officers.
A. 
The Chief shall be in charge of the Fire Department and have full control of said Department at all times. The Chief shall be accountable for his/her actions to the Mayor and Council and make written and verbal reports as may be required by them.
B. 
The Chief shall also be responsible for the protection of life and property from fire; personnel; morale; and the general efficiency of the Department membership. He/she shall conduct appropriate training sessions and drills at least once per month.
C. 
All other Department officers shall be accountable to the Chief, or such other officer as shall be acting as Chief in his/her absence.
A. 
The Chief shall have the general supervision of the Department when he is not in actual duty at a fire. His supervision shall be subject to and not conflict with such rules and bylaws for the government and management of the Department as may from time to time be adopted by the Board of Fire Officers.
B. 
In all cases of fire, the Chief, or in his absence an assistant, shall have full power and absolute control and command and cause the several pieces of apparatus to be worked in the most advantageous manner.
C. 
Should the Chief and the Assistant Chiefs be absent from a fire, the person having charge of the apparatus first arriving at the fire shall assume the duties of the Chief until the arrival of a superior officer.
D. 
The Chief and his assistants or officers in command at any fire are hereby clothed with full and complete police authority. They are authorized to require and secure the removal of any and all obstructions from in front of and around the fire scene. They are furthermore authorized to call upon any of the municipal departments for aid and assistance in securing such removal of obstructions.
E. 
It shall be the duty of the Assistant Chief of each company to keep a permanent record of the fire and drill service of each member of the company.
F. 
No apparatus shall be tampered with, fixed or repaired unless directed by the Chief.
G. 
The Assistant Chief will be responsible to notify the Board of Fire Officers as to any changes in residency or request for leave of any member.
H. 
The Chief shall suspend any member for offenses of neglect, refusal to perform duty, or insubordination at a fire, drill or other department function.
I. 
It shall be the duty of the Captain to see that the apparatus, engine house and everything pertaining to are kept in good order and free from damage as far as may be in his/her power. The Captain is to report at the next company meeting any members who may willfully damage or destroy any property of the Borough. In the absence of the Assistant Chief, the Captain is to take command of the company at every alarm of fire in the Borough and to see that every member of the company does their duty. When the superior officers are present, it shall be the Captain's duty to aid them in the discharge of their duties.
J. 
It shall be the duty of the Lieutenants to cooperate with senior officers in the discharge of their duties and, in case of their absence, to officiate in their capacity.
K. 
It shall be the duty of each member to respond immediately to all alarms.
L. 
Any member failing to attend a Department meeting for three consecutive meetings shall be liable to suspension or removal, unless justifiable written excuse is in the hands of the Secretary in time for the regular meeting.
M. 
It shall be the duty of each member to notify the Assistant Chief of his/her company, in writing, within 10 days of any change in address.
N. 
On an alarm, the senior member arriving at the firehouse may take command until the arrival of the superior officer.
O. 
It shall be the duty of each member to attend each drill called by the Chief or the Assistant Chief. No multiunit drill shall be called without the permission of the Chief or the officer in charge.
P. 
It shall be the duty of any member who drives the apparatus to be 21 years of age, to have three full years on the Fire Department by December 31, to have a valid New Jersey driver's license, and any other required licenses or permits. Any exceptions to the above must be approved by the Board of Fire Officers.
A. 
The terms of office of the Chief and two Assistant Chiefs shall be three years. The Chief and Assistant Chiefs shall be elected every three years by said fire companies at their annual meeting. The Chief and Assistant Chiefs so elected shall be appointed annually for three consecutive years. The Chief shall not be eligible for reelection or reappointment for a period of three years following the completion of his/her term. The Chief shall not be elected from the same company for successive three-year terms.
B. 
The terms of office of Captains and Lieutenants shall be one year and be elected annually by each company at their annual meeting.
C. 
The election and appointment of all officers shall be subject to the approval of the Mayor and Council.
D. 
In the event that the Mayor and Council decline to appoint any such elected officer, there shall be a new election held for such office to determine a substitute nominee.
The Board of Officers shall formulate rules and regulations to govern the day-to-day operation of Fire Department, which rules and regulations are subject to the approval of the Mayor and Council. A copy of rules and regulations shall be filed with the Mayor and Council. The Mayor and Council can alter or amend the rules and regulations by ordinance or resolution.
There shall also be created an Auxiliary Fire Department to assist the Prospect Park Fire Department in achieving their goals of community service. Officers and members of the Auxiliary Department shall not be compensated, all services renders by the Auxiliary Department to the Fire Department or the Borough of Prospect Park shall be voluntary. The Chief of the Fire Department or his designee shall be in charge of and have full control of the Auxiliary Department. Officers and members of the Fire Department Auxiliary are to report to the Chief or his designee.
There shall be a President, Vice President, Recording Secretary and Treasurer of the Fire Department Auxiliary with the following duties and responsibilities:
A. 
President. It shall be the duty of the President to preside at all meetings and to keep order during same. She/he shall have the power to call a meeting when the interests of the Auxiliary require it. It shall be her/his duty to convene the Auxiliary at the time decided upon. She/he shall create and appoint any subcommittee of the Auxiliary Department to carry out its functions. She/he shall serve as a member ex officio on all committees. She/he shall impartially enforce the Prospect Park Code and the Auxiliary Department's bylaws. She/he will countersign all checks and vouchers drawn on the Treasury and all checks drawn by the Treasurer for payment of bills ordered paid by the Auxiliary Fire Department.
B. 
Vice President. It shall be the duty of the Vice President to assist the President in any way possible. She/he shall, in the absence of the President, assume her/his rank and authority and perform her duties. She/he shall impartially enforce the Prospect Park Code and the Auxiliary Department's bylaws.
C. 
Recording Secretary. It shall be the duty of the Recording Secretary to take regular minutes of the proceedings at all meetings. She/he shall notify the members of all specials meetings within a reasonable time. In case of absence from a meeting, she/he shall see that her/his books are at the meeting. She/he shall keep attendance of members. She/he shall receive and send all correspondence and report on at next meeting.
D. 
Treasurer. It shall be the duty of the Treasurer to collect and keep all records of monies collected on behalf of the Auxiliary Fire Department. She/he shall collect all monies from members with the President's approval. She/he shall pay all bills when directed to do so by the Auxiliary. She/he shall take receipts for all monies paid out by her/him and keep a full account of all monies received and expended. She/he shall report the condition and disposition of the funds with all her/his official acts at every meeting. She/he shall disburse funds by check, countersigned by the President. She/he shall notify a member in writing when she/he is four arrears in dues. If said member continues in arrears in dues for a period of two months, final written notice shall be sent out stating dues must be paid in full within a month or membership will be terminated.
A. 
Nominations and elections of the initial officers will be held at a meeting held within 60 days after the final adoption of the within ordinance meeting. In order to be nominated, a member must first be in good standing.
B. 
Election of officers will be held at the annual meeting in January and shall be chosen by a closed ballot and be determined by a majority of votes cast. Terms will commence February 1.
C. 
Should a vacancy occur among the officers between the time of annual elections, such vacancy shall be filled for the remainder of the unexpired term by a majority vote of the Auxiliary at the next regular scheduled meeting.
The term of office for the President, Vice President, Recording Secretary and Treasurer of the Fire Department Auxiliary shall be for one year, except for the initial appointment of officers as set forth herein.
There shall be two types of membership for the Fire Department Auxiliary: 1) active membership and 2) social membership.
A. 
Active membership shall be open to all residents of good standing who are willing and capable of performing the duties and responsibilities of the Auxiliary Department. Members must be 18 years of age or older. Prior to becoming a member, an application for membership must be completed and submitted to the President and approved by the membership as set forth herein.
B. 
Social members shall be members who attend meetings and functions and assist in any way possible, but will not be sworn in, nor be able to run for office in the Auxiliary.
Any person who wishes to be a member of the Auxiliary Department, whether active or social, shall complete an application to be initially reviewed by the Chief of the Fire Department. The Chief of the Fire Department shall recommend either approval or disapproval of all applications to the Auxiliary Department to the Mayor and Council. The Mayor shall make a final determination upon the approval of membership to the Auxiliary Department with the consent of the Council. Upon the one-year anniversary of the establishment of the Auxiliary Department, the Officers of the Auxiliary Department shall vote upon the recommendation of membership prior to submitting the application for the Chief's review and recommendation.
A. 
It shall be the duty of all members to abide by the Code of the Borough of Prospect Park and the bylaws adopted by the Auxiliary Fire Department.
B. 
Each active member shall annually contribute $25 dues to the funds of the Auxiliary Department and each social member shall annually contribute $10 dues to the funds of the Auxiliary, commencing January of each year.
C. 
Any member whose conduct is unbecoming to the Auxiliary shall resign her/his connection with the Auxiliary when requested to do so by quorum of the vote of active members present at the meeting. In the event that the member refuses or fails to resign, the Mayor and/or Council, the Chief of the Fire Department, or the President of the Fire Department Auxiliary may revoke the membership to the Auxiliary Fire Department merely by notice to said member.
D. 
No member is eligible to vote unless she/he is in good standings.
E. 
Each member is responsible to read and retain a copy of the ordinance creating the Auxiliary Department and the bylaws once a year.
F. 
Members are responsible to attend meetings and contribute help at fund-raisers.
G. 
Any member whose dues are more than four months in arrears shall be notified by the Secretary, in writing. If such dues are not paid within two months, their membership shall be revoked.
H. 
Any member wishing to resign their membership in the Auxiliary shall submit a written letter of resignation to the Board. Already paid dues are nonrefundable to those who choose to resign.
I. 
Leave of absence. Any member who is not able to meet the responsibilities of the Auxiliary for reasons of health or personal matters may request a leave of absence. Any member wishing to request a leave of absence must do so in writing and the Officers of the Auxiliary Department shall take any action they deem appropriate.
J. 
There shall be no political solicitations within the Auxiliary Fire Department. Soliciting a political issue may be grounds for revocation of membership.
K. 
All dues paid by members shall be nonrefundable.
A. 
Each member of the Auxiliary Department shall be subject to punishment by reprimand, suspension or expulsion from the Auxiliary Department merely upon notice to the member issued by the Chief of the Fire Department, the Mayor, the Borough Council or the President of the Auxiliary Fire Department, according to the nature and gravity of the offense, for any of the following causes:
(1) 
Willful disobedience of orders;
(2) 
Disrespect to a superior officer;
(3) 
Refusal or failure to attend fires or fire drills;
(4) 
Immorality, indecency or lewdness;
(5) 
Neglect of duty;
(6) 
Convicted of any criminal law;
(7) 
Conduct subversive to good order and discipline of the Department;
(8) 
Violation of any rules, orders or regulations of the Fire Department;
(9) 
Willful abuse of fire equipment.
B. 
The above list of causes for disciplinary charges are merely examples and shall not be construed as a complete list of causes for which a member of the Fire Department may be subject to disciplinary action. Unlike the members of the Borough of Prospect Park Fire Department, members of the Auxiliary Fire Department are not entitled to a hearing upon the disciplinary action or subject thereto.
A. 
Meetings are held on the third Thursday of every month at 7:30 p.m. A member of the Auxiliary shall provide light refreshments for the meeting on their chosen month.
B. 
The President is able to call a special meeting at any time she/he wishes to do so.
C. 
Members are expected to attend all meetings. If unable to attend, they must contact an officer and tell them of their absence.
D. 
If the President and Vice President are unable to attend, the meeting shall not be held.
E. 
There must be a majority of all its members present in order to conduct a meeting of the Auxiliary Fire Department.
If for any reason the Auxiliary Fire Department shall disband or cease to exist, the monies in the Auxiliary treasury shall be donated to the Prospect Park Fire Department, evenly divided between both companies, for the benefit of the Firemen of the Borough of Prospect Park.