[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;
(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;
(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.