[Adopted 7-6-2016 by Ord.
No. 2167-16[1]]
A Fire Department of the Borough of Hawthorne, being a division
of the Department of Public Safety, be and the same is created and
established and equipped within the territorial limits of the Borough
of Hawthorne, to be known as the "Hawthorne Fire Department." The
use of the fire apparatus of said Borough be and the same is hereby
entrusted to Hawthorne Fire Co. No. 1, Hawthorne Fire Co. No. 2, Hawthorne
Fire Co. No. 3, Hawthorne Fire Co. No. 4 and Hawthorne Rescue Co.
No. 5. The members and officers of said Fire Department shall consist
of the members of the aforementioned companies upon the signing of
the membership roll of said Fire Department, whereby they promise
to perform the duties of firefighters as prescribed by this article
or any other ordinances which may be hereafter adopted and the bylaws
of the Board of Fire Commissioners. All changes in the personnel of
the Fire Department shall be reported to the Board of Commissioners
for its approval.
A.
Fire Department. The Department shall be divided into five companies
as denoted above.
B.
Communications Division. In addition to the five companies, there
is established a Communications Division, consisting of not more than
10 members, within the Fire Department. Members of the Communications
Division shall be as approved by the Board of Fire Commissioners with
eligibility requirements to be established by the Board. Members shall
not belong to a company but shall be under the supervision of the
Chief of the Department. In the event that the Chief chooses not to
supervise the members, a designee of the Department appointed by the
Board of Fire Commissioners shall serve in his place and stead. The
purpose of the Communications Division is to provide support to firefighters
at fire scenes or otherwise through operation of the communications
equipment of the command and cascade units. The Division shall not
have a rank structure. Members of the Division as of the effective
date of this article shall be eligible for LOSAP and clothing allowance,
as described in this article, and shall be eligible to vote in the
election of Chief of the Department. Members appointed to the division
from and after the effective date of this article shall be eligible
for LOSAP but not clothing allowance and shall not be eligible to
vote in any Departmental election. Notwithstanding the same, any member
appointed after the effective date of this article who completes Firefighter
One, or any member serving as of the effective date of this article
who completes Firefighter One, shall be eligible for LOSAP and clothing
allowance and shall be eligible to vote in the election of the Chief
of the Department. Any member may be removed for cause by the Board
of Fire Commissioners.
C.
Auxiliary. An Auxiliary Division is established under the direction
of the Board of Fire Commissioners. Members of the Auxiliary Division
are to be approved by the Auxiliary in accordance with eligibility
requirements established by the Auxiliary and approved by the Board
of Fire Commissioners. While no rank structure is permitted, the Auxiliary
may organize itself by establishing offices. Members shall not be
deemed members of the Department, shall not be eligible for LOSAP
or clothing allowance, and shall not be eligible to vote in any departmental
election. The purpose of the Auxiliary Division is to provide support
to the Department. The members shall perform such duties in accordance
with the directions of the Chief of the Department or any incident
commander. Members of the Auxiliary may be removed in accordance with
any policy for removal established by the Auxiliary and approved by
the Board of Fire Commissioners or removed by the Board of Fire Commissioners.
D.
Junior Firefighters Program. The Board of Fire Commissioners may
establish a Junior Firefighters Program for eligible individuals under
the age of 18. Rules and regulations establishing such academy, eligibility
and membership requirements shall be established by the Board of Fire
Commissioners consistent with federal or state law or regulation.
In no event shall any junior firefighter be eligible for LOSAP or
clothing allowance or take part in any departmental election.
A.
The management and control of the Department shall be vested in a
Board of Fire Commissioners, which is authorized to adopt bylaws for
control, government, management and regulation of said Department
such as shall not conflict with this article. The Board of Fire Commissioners
may amend and modify the bylaws from time to time. All such amendments
and modifications shall be subject to the review and approval by the
Mayor, as Director of the Department of Public Safety, in consultation
with the Borough Attorney and only deemed effective upon filing with
the Borough Clerk. All such bylaws shall be published on the Fire
Department website or otherwise made available to any person requesting
a copy of the same.
B.
Said Board of Fire Commissioners shall be composed of the Chief and
five Assistant Chiefs, who shall be elected by their respective companies.
Where an Assistant Chief is unavailable to attend any meeting of the
Board or otherwise participate in Board business, the next highest
ranking officer of the respective company shall serve in his or her
place and stead.
C.
The Chief shall be the presiding officer at the meetings of the Board
of Fire Commissioners, which shall be held on the first Tuesday of
every month except when in conflict with a holiday. In such event,
the meeting shall take place on the next Tuesday. Meetings may be
held with greater frequency where required.
A.
No member of the Department shall be eligible for the election to
office unless such member shall have been a member of the Department
for at least two years and meets the following requirements by December
31 of the year preceding the election:
(1)
Chief will have completed two years as an Assistant Chief of the
Department.
(2)
Assistant Chief will have completed one year as Captain on the Department.
(3)
Captain will have completed one year as First Lieutenant on the Department.
(4)
First Lieutenant will have completed one year as a Second Lieutenant
on the Department.
(5)
Second Lieutenant will have served two full years as a firefighter
on the Department, not including time as a probationary firefighter,
and specifically including one year as a driver, and shall be an active
member as defined herein.
(6)
No member of the Department shall be deemed eligible to hold office
unless he or she shall maintain a minimum call percentage of 33 1/3%
and hold a valid driver's license. The failure to maintain such call
percentage or maintain a valid driver's license after assumption of
office shall result in a vacancy in the office.
B.
The Board of Fire Commissioners may establish additional eligibility
requirements by way of bylaw amendment consistent with this article
and in accordance with the procedure set forth above. In addition,
the Board of Fire Commissioners may, in its discretion, approve applications
for an exception to any of the above eligibility requirements other
than those imposed by federal or state law or regulation. An exception
may only be granted where no member of the company holding an election
is eligible for a given office or no member eligible for a given office
chooses to accept a nomination for that office.
A.
The election of Chief shall take place on the first Monday in November
at the Municipal Building, under the supervision of the Borough Clerk.
The Chief will be elected by a majority vote of the active members
of the Department, eligible to vote in the election, casting votes.
If a runoff election is necessary, it will be held the same day. In
the event of a runoff election, the candidate receiving the lowest
number of votes shall be dropped from the initial and each succeeding
vote until a majority is attained. The Chief shall enter upon the
performance of his duties on the first day of January following his
election and approval and serve for a term of three years.
B.
The election of officers of the companies shall take place at the
annual meeting (the first meeting in December) at each respective
company, by ballot, and no member shall be elected to any office unless
he shall have received the majority of all votes cast by active members.
The officers shall enter upon the performance of their duties on the
first day of January following the election.
C.
The Municipal Clerk, as Election Official in any Chief's Election,
may establish such rules as deemed necessary or appropriate by the
Municipal Clerk for the conduct of the election. The Clerk of the
Fire Board shall present to the Municipal Clerk, not later than October
15 in each year where a Chief's Election is to occur, a complete roster
of all members of the Department, certified as to each house by the
Assistant Chief thereof, with indication as to which members have
attained the minimum eligibility requirement to vote in the election.
For all other elections, the Fire Board may establish such rules as
it deems necessary or appropriate for the conduct of the election.
D.
In order to be eligible for election as an officer of any company,
an individual must be a member of that company. The term of Assistant
Chief shall be two years. The term of Captain, First Lieutenant and
Second Lieutenant shall be one year.
E.
If a vacancy shall occur in the office of Chief of the Department,
the longest serving Assistant Chief then serving shall be designated
Acting Chief of the Department. If the vacancy occurs on or after
September 1 of the year preceding the final year of the term then
being served by the Chief, the appointment shall be for the remainder
of the term. If the vacancy occurs at any time prior to September
1 of the year preceding the final year of the term then being served
by the Chief, the Department shall hold an election, not sooner than
30 days nor greater than 60 days following the vacancy, to elect a
Chief to serve the remainder of the term. If any vacancy shall occur
among the company officers, the unexpired term shall be filled at
the next regular meeting of the company by ballot in the same manner
as set forth above.
F.
Any member who may be unable to personally attend the election of
Chief or other line officers is eligible to cast one absentee ballot
for the candidates of his choice on the first round of the election
only.
G.
For purposes of this section, an "active member" shall be one who
attains the requisite percentage of attendance at all fire calls and
mandatory drills for his or her firehouse or for the Department, in
the case of individuals not assigned to a firehouse, for the year,
so as to qualify for a clothing allowance as set forth elsewhere in
this article. Probationary members of the Department as of the time
that eligibility to participate in the election is established shall
not be eligible to vote in the election. The Clerk of the Fire Board
shall submit to the Municipal Clerk of the Borough a certified list
of members eligible to vote, as set forth above, not later than October
15 of each year in which there is an election. Members on medical
leave or military leave shall likewise be deemed "active members"
in the same manner as they shall be deemed eligible for a clothing
allowance. Members on leave who do not qualify for clothing allowance
shall not be deemed "active members" for this section. In addition,
no member on military leave shall be eligible to vote in successive
elections while on leave. In no event shall a member who is suspended
at the time of the election be deemed an "active member," and such
member shall therefore not be eligible to vote in such election.
Each of the companies of the Department shall consist of not
more than 30 members actively serving in a firefighter capacity, not
less than 18 years of age at the time of their acceptance as members,
who are residents of the Borough, or reside within a one-mile radius
of the Borough, and citizens of the United States. It is understood
that residents of the Borough shall receive preference over nonresidents
of the Borough in making appointments to any of the companies. A member
who moves to a town bordering Hawthorne may continue his membership
if he so desires. A member moving to a noncontiguous town may apply
to the Fire Board for a waiver from the residency requirement which
may be granted in the discretion of said Board. Such members of the
Department shall be approved by the Board of Fire Commissioners. Notwithstanding
the same, members on the roster for each company as of the effective
date of this article shall be deemed members without regard to residence.
The Board of Fire Commissioners, by a majority vote, and with the
concurrence of the Mayor, may waive the described maximum age limitation
and period of residency (as defined by the New Jersey State Firemen's
Association). In addition, they may waive the requirement of residency
within the Borough in any case where the applicant is regularly employed
full-time within the Borough and if found to be available for fire
duty.
A.
All prospective candidates must request an application, in writing,
from the Board of Fire Commissioners. The Board will assign the applicant
a company and charge the Assistant Chief of said company to investigate
with his committee. Such investigation shall include a background
check to be conducted by the Hawthorne Police Department, said investigation
to be deemed confidential in nature. The results of the background
check shall be reported to the Mayor who may deny the application
in his or her discretion or impose limitations on the same. Upon investigation,
the applicant will complete an application to the Department and return
it to the Board of Fire Commissioners so that it may be processed.
B.
All candidates for membership shall be proposed, in writing, on a
regular application form furnished by the Board of Fire Commissioners.
A.
Any member desiring to transfer his membership from one company to
another shall present to the Board of Fire Commissioners a request,
in writing, certified by the Secretaries of the companies, showing
consent to such a transfer.
A.
All members of the Department shall, upon acceptance by the Board
of Fire Commissioners as a member, serve a one-year probationary term.
Members serving a probationary term shall have all rights conferred
upon other members including OSAP and clothing allowance but shall
not be eligible to vote in any election. Upon successful completion
of the probationary term, the member shall be deemed a full member
of the Department. The probationary term of any member may be extended
by the Fire Board of Commissioners for an additional six months if
the Board determines that the firefighter requires additional training
or experience before completing the probationary term. In the event
that the Board determines, after such additional six-month period,
that the firefighter continues to perform in a manner deemed unacceptable
to the Department, then the Board of Fire Commissioners may rescind
the appointment to the Department. In the event the Board determines
to extend any probationary term or rescind membership, it shall send
written notice detailing such action to the Mayor within 24 hours
of taking such action. The member so affected may file an appeal of
that decision with the Mayor, who shall follow the procedure set forth
elsewhere herein regarding grievances in making a determination.
B.
The Board of Fire Commissioners, at the time of acceptance of a member
of the Department, may reduce the initial one-year probationary term
to a period of six months where the member has five years or more
of firefighting experience either as a volunteer or paid member of
another department and has completed Firefighter One. All other provisions
set forth above regarding extension of the probationary term and rescinding
of membership shall apply.
A.
Each company shall hold at least one meeting each month, the first
December meeting to be the annual meeting.
B.
A special meeting of the company may be called by the Assistant Chief
with 48 hours' notice given by phone and pager to each company member.
C.
A special meeting of the Board of Fire Commissioners may be called
by the Chief, or in his or her absence the longest serving Assistant
Chief, with 24 hours' notice by phone and pager to each Assistant
Chief, or where unavailable the highest ranking officer of the respective
company, and compliance with the Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A.
The Chief shall have the general supervision of the Department. The
Chief shall report directly to the Mayor as the head of the Department
of Public Safety. Each company shall be under the supervision of an
Assistant Chief, who shall be subordinate in rank to the Chief.
B.
The duties and responsibilities of the Chief, all Assistant Chiefs
and all subordinate officers shall be established by the Board of
Fire Commissioners by way of bylaw, adopted in accordance with this
article. No duty or responsibility established by the Board of Fire
Commissioners shall be in conflict with this article.
In addition to establishing the duties and responsibilities
of all officers of the Department, the Board of Fire Commissioners
shall establish duties of all members of the Department, provided
that such shall not be in conflict with this article.
No resignations shall be accepted until approved by the Board
of Fire Commissioners. A member of the Department who resigns a member
in good standing who wishes to return to the Department within one
year of the acceptance of his or her resignation may return to the
Department, upon approval by the Board of Fire Commissioners, without
requirement that the individual serve a probationary term and without
requirement that the member undergo a physical if the last physical
taken by the member is within the required time parameter for the
taking of a physical.
A.
Officers and members of the Department shall be subject to discipline
in accordance with this section and the Personnel Manual of the Borough
of Hawthorne. A procedure for imposing discipline shall be established
by the Board of Fire Commissioners in the bylaws of the Department;
provided, however, that any discipline involving suspension of more
than 30 days, expulsion or any similar penalty of magnitude shall
have a right of appeal to the Mayor as head of the Department of Public
Safety. In the event that the Board of Fire Commissioners imposes
a suspension of more than 30 days, an expulsion or other similar penalty
of magnitude, it shall deliver written notice of that action to the
Mayor within 24 hours of the action being taken, setting forth the
nature of the discipline imposed and facts relied upon in imposing
the same. The Mayor may grant a stay of suspension or expulsion, in
his discretion, pending his or her final determination on appeal.
The Mayor shall act on any request for a stay within 48 hours of receipt
of a request for stay and written report of the Board of Fire Commissioners.
The Mayor may, in making a final determination on any appeal, and
in his or her sole discretion, accept, reject or modify the discipline
imposed by the Board of Fire Commissioners.
B.
The Chief of the Department may be removed from office for good cause
by the Mayor in the same manner as the Mayor may remove any Department
Head from office, in accordance with state statute.
C.
Grievances may be filed by any member of the Department consistent
with the Employee Handbook of the Borough of Hawthorne. The Board
of Fire Commissioners may nevertheless establish in Departmental bylaws
a grievance procedure; provided, however, that such procedure shall
have as its final step an appeal to the Mayor.
A.
Any member leaving the Borough for a longer period than 30 days must
notify the Assistant Chief of his company and obtain permission for
such leave of absence. No leave of absence shall be continued for
a longer period than one year.
C.
In the event that a member of the Department is elected or appointed
to serve as the Mayor of the Borough of Hawthorne, and therefore to
serve as Head of the Department of Public Safety, he or she shall
take a leave of absence until completing the term as Mayor.
Each member, upon election to membership, shall be presented
with Borough equipment, which must be returned upon resignation or
expulsion from the Department.
A.
No apparatus shall be taken out of the Borough without permission
from the Chief. If the Chief is absent from the Borough, permission
must be obtained from the Assistant Chief in charge, who will in turn
notify the other companies.
B.
Inspection of the Fire Department shall be held as may be determined
by the Mayor but not more frequently than once in each calendar year.
C.
No apparatus shall leave the firehouse unless with at least one active
member, unless permission is granted to do so by an officer in charge.
D.
None but members of the Fire Department shall ride on the apparatus
without the permission of the officer in charge.
All requests for repairs and supplies for the various companies
of the Department shall be presented to the Board of Fire Commissioners
for approval or recommendation of said Board by the Assistant Chief
of such company at the time the monthly report is submitted. In case
any apparatus shall become so disabled that immediate repairs are
necessary, any member of the company operating such apparatus shall
immediately report the condition of the same to the Assistant Chief
for him to take up with the Chief, who is empowered to have the same
repaired.
A.
BOROUGH
CLOTHING ALLOWANCE
FIRE BOARD
FIRE DEPARTMENT
FIREFIGHTER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Borough of Hawthorne.
A sum of money, as determined by ordinance, designed to reimburse
certain qualifying members of the Fire Department for wear and tear
on their personal clothing based upon criteria established by this
section.
The Fire Board of Commissioners of the Borough of Hawthorne.
The Hawthorne Volunteer Fire Department.
A member of the Hawthorne Volunteer Fire Department.
B.
Clothing allowance. Firefighters serving in the Borough of Hawthorne
shall be eligible to receive a clothing allowance, payable each year
such member meets the eligibility requirements for such award, the
amount of such allowance to be determined by the Municipal Council
of the Borough of Hawthorne by ordinance. The clothing allowance shall
be determined from October 1 of each year to September 30 of the succeeding
year.
C.
Qualification for allowance. In order to qualify for the clothing
allowance, a firefighter must meet the following eligibility requirements:
(1)
For firefighters having less than six months' experience as a member
of the Hawthorne Fire Department, no compensation shall be awarded.
(2)
For firefighters having six months to one year of experience as a
member of the Hawthorne Fire Department, a member must have attended
not less than 33 1/3% of all fire calls and mandatory drills
for his or her firehouse for the year and shall receive a clothing
allowance prorated by the total number of months he or she has served
during the year.
(3)
For firefighters having more than one but less than 20 years of experience
as a member of the Hawthorne Fire Department, a member must have attended
not less than 33 1/3% of all fire calls and mandatory drills
for his or her firehouse for the year.
(4)
For firefighters having 20 years to 24 years of experience as a member
of the Hawthorne Fire Department, a member must have attended not
less than 25% of all fire calls and mandatory drills for his or her
firehouse for the year.
(5)
For firefighters having 25 or more years of experience as a member
of the Hawthorne Fire Department, a member must have attended not
less than 20% of all fire calls and mandatory drills for his or her
firehouse for the year.
D.
Records for attendance. It shall be the duty of the Assistant Chief
of each firehouse to maintain records of all fire calls and mandatory
fire drills as well as attendance by the individual members of the
Department and present those records to the Fire Board each year for
determination as to which members are eligible for the clothing allowance.
In no event shall members be given credit for any other service rendered
on behalf of the Department, and only attendance at fire calls and
mandatory drills shall be considered in making award of a clothing
allowance.
E.
Military and medical leave.
(1)
Any member on military leave or on medical leave resulting from an
injury related to service as a volunteer firefighter shall be entitled
to the full clothing allowance for any given year, provided that the
member attends the requisite percentage of fire calls and mandatory
drills for the time period the member was not on military or duty-related
medical leave during the year.
(2)
Any member on medical leave not related to duty as a firefighter
shall be entitled to the full clothing allowance for any given year,
provided that the member attends the requisite percentage of fire
calls and fire drills for the time period the member was not on medical
leave during the year, provided that the member served for not less
than six months during that year.
(3)
In the case of medical leave for either duty-related or non-duty-related
injury or illness, the minimum time period shall be two consecutive
weeks. Documentation from a medical provider must be supplied. All
requests for medical leave must be approved by the Board of Fire Commissioners.
(4)
No credit shall be given any firefighter on personal leave or suspended
from service, and such member may only qualify for the clothing allowance
if he or she attends the requisite number of fire calls or mandatory
drills for the entire year.
F.
Amount of award. The amount of the clothing allowance shall be established
by the Municipal Council of the Borough of Hawthorne and set forth
in the annually adopted Salary Ordinance of the Borough. The final
award of compensation shall be made by the Municipal Council, based
upon recommendation by the Fire Board. No service credit may be given
for service to any other organization or for firefighting activities
on behalf of any other municipality, except in the case of mutual
aid rendered by the Borough of Hawthorne.
