City of Englewood, NJ Part 1 Establishment and Organization

[Adopted 7-21-2009 by Ord. No. 09-15]

Article I Composition and Appointments

§ 36-1 Continuation of Department.

The Englewood Fire Department, as heretofore established, is hereby continued.

§ 36-2 Composition; civilian positions.

A. The Fire Department Table of Organization shall consist of one Fire Chief and may consist of not more than one Deputy Fire Chief, not more than five Captains, not more than nine Lieutenants and not more than 40 firefighters.

B. The Fire Department may include such other civilian positions, inspectors and dispatchers, either on a temporary or permanent basis, to assist in performing the functions of the department as approved by the City Manager; provided, however, that the holders of such positions shall not be deemed members of the Fire Department.

§ 36-3 Appointments and promotions.

A. All appointments to the Fire Department and promotions to higher rank shall be subject to the requirements of state laws, City ordinances and the rules and regulations of the Department.

B. All appointments and promotions shall be made by the City Manager; provided, however, that the appointment of the Fire Chief is subject to confirmation by the City Council.

C. Applicants for appointment to the Fire Department shall be required to pass a written examination and such other examinations as established by the City Manager.

D. Promotion to higher rank shall be based on the results of any promotional testing process that is administered, the individual's employment history in the Fire Department, the length and merit of service, education and specialized training.

§ 36-4 Tenure of office; removal.

All members of the Fire Department having been appointed, qualified and completed a one-year-probationary period shall severally hold their respective office during good behavior and efficiency in the performance of their duties. No member shall be removed from office except in the manner and for reasons prescribed by law, including state statutes, City ordinances and the rules and regulations of the Fire Department.

§ 36-5 Compensation.

The compensation and benefits of the members of the Fire Department shall be in accordance with any collective bargaining agreement, where applicable, and as established by ordinance.

§ 36-6 Appropriate authority.

A. Pursuant to N.J.S.A. 40A:14-7 and the City of Englewood Special Charter the City Manager is designated as the appropriate authority to whom the Fire Chief shall be directly responsible.

B. The City Manager upon recommendation of the Fire Chief shall promulgate, amend, delete, supplement, modify, and revise rules and regulations for governing the Fire Department, not inconsistent with ordinances adopted by the City Council, as deemed appropriate from time to time. The City Manager shall notify the City Council of any such amendment, deletion, supplement, modification, or revision. Any change to the rules and regulations shall take effect immediately upon such notification unless the City Council, by resolution, disapproves such change.[1]

[1] Editor's Note: The rules and regulations are on file in the Clerk's office.

C. The City Manager shall have the exclusive authority to remove and discipline members of the Fire Department in accordance with the provisions of Chapter 56, Personnel, of the Code of the City of Englewood, except that the removal of the Fire Chief shall be subject to City Council confirmation.

§ 36-7 Duties and responsibilities of Fire Chief.

The Fire Chief shall be directly responsible to the City Manager for the efficient and routine day-to-day operations of the Fire Department and shall, pursuant to policies established by the City Manager:

A. Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the Department and its officers and personnel;

B. Have, exercise and discharge the functions, powers and duties of the force;

C. Prescribe the duties and assignments of all subordinates and other personnel;

D. Delegate such authority as deemed necessary for the efficient operation of the force to be exercised under his/her direction and supervision; and

E. Report at least monthly to the City Manager in such form as shall be prescribed by the City Manager on the operation of the Department and make such other reports as may be requested by either the City Manager or the City Council.

Article II Fire Investigation Unit

§ 36-8 Authority to establish.

Pursuant to N.J.S.A.40A:14-7.1, the City Manager of the City of Englewood is hereby authorized to establish within the Fire Department a Fire Investigation Unit which shall be responsible for conducting investigations of arson, suspicious fires, or explosions within the City of Englewood.

§ 36-9 Assignment of members to Unit; qualifications. [1]

Only full-time paid members of the Fire Department and/or civilian members of the Englewood Fire Department Fire Prevention Bureau may be assigned to the Fire Investigation Unit. Civilian members appointed to the unit shall be approved by the Fire Chief. Before any member shall be assigned to the Fire Investigation Unit, such member shall have successfully completed an appropriate course of training approved by the Police Training Commission and an arson investigation training course approved by the New Jersey Department of Public Safety.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 36-10 In-service training program.

Any member who is assigned to the Fire Investigation Unit shall attend and successfully complete an in-service training program as required by the Division of Criminal Justice.

§ 36-11 Arson investigation powers.

Any member who is assigned to the Fire Investigation Unit shall have the same powers and authority as police officers within the City of Englewood while engaged in the actual arson investigation duties.