[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as
Sec. 2-21 of the 1988 Code; amended in its entirety 3-20-2012 by Ord. No.
1537. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An independent nonprofit organization incorporated in the
State of New Jersey and federally recognized under IRC § 501(c)(3).
It is funded by contributions and is officially known and designated
as the "Borough of Franklin Lakes Fire Department, Incorporated."
The volunteer fire department of the Borough of Franklin
Lakes, which is under the control of the Mayor and Council.
The Fire Department as heretofore created and established, coextensive
with the territorial limits of the Borough, is hereby continued.
The Mayor and Council shall have full charge and control of
the Fire Department and the fire equipment of the Borough. The officers
of the Fire Department shall be responsible to the Mayor and Council
for all fire-fighting activities and for the repair, upkeep, care
and control of all equipment.
[Amended 7-15-2014 by Ord. No. 1599]
All persons who fulfill the membership requirements of this
chapter and also the regular membership requirements of the Constitution
and bylaws of the Franklin Lakes Fire Company and who promise to perform
the duties prescribed thereby shall become members of the Fire Department.
The Fire Department may also maintain a junior firefighter program
for young persons, ages 16 and 17, interested in serving their community
and preparing to become regular members of the Fire Department.
[Amended 7-15-2014 by Ord. No. 1599]
All members must be citizens of the United States residing in
or employed in the Borough of Franklin Lakes or residing in the bordering
towns of North Haledon and Wayne or in the towns in the Northwest
Bergen Mutual Aid Association who are of good character and standing
and who have reached their 18th but not their 46th birthday shall
be eligible to apply for membership; except that junior firefighters
shall be for persons ages 16 and 17. Maximum age limit shall be waived
to applicants transferring from another department within one year
or former members who left the Department in good standing.
The line officers of the Fire Department shall consist of a
Chief, an Assistant Chief, two Captains, and two Lieutenants. Any
of these positions may be filled or left vacant. Other line and administrative
officers may be provided for by the constitution and bylaws of the
Franklin Lakes Fire Company.
The line officers shall be elected by ballot by the regular
members of the Franklin Lakes Fire Company as hereinafter provided.
They shall hold office for a term of one year commencing on January
1 following their election. However, the election of the aforesaid
line officers shall be confirmed by the Borough Council before they
shall be entitled to hold office.
In the event the Borough Council shall refuse to confirm the
election of a line officer, the Mayor and Borough Council shall then
appoint such temporary line officers to hold office until such officers
are elected by the Franklin Lakes Fire Company and confirmed by the
Borough Council.
It shall be the duty of the Chief to submit a report to the
Borough Council at its regular meeting in each month. The report shall
show the condition of the Fire Department and of the apparatus and
any other matters concerning the Fire Department which the Chief may
deem necessary.
In case of a vacancy from any cause in the office of Chief,
the Assistant Chief shall perform the duties of Chief and a Captain
shall perform the duties of Assistant Chief.
A.Â
In case of disobedience by any member of the Fire Department, a complaint
shall be made to the Mayor and Council, or its designee, provided
at least two of the following officers concur that a complaint should
be made: Chief, Assistant Chief and Captains. The Mayor and Council,
or its designee, shall hold a hearing on the charges. If the charges
are sustained, the Mayor and Council, or its designee, may suspend
or expel such member from the Fire Department. A complaint may be
made to the Mayor and Council, or its designee, provided at least
two of the following officers concur that a complaint should be made:
Chief, Assistant Chief and Captains.
B.Â
Any officer in the Fire Department may be removed from office at
any time by the Mayor and Council, or its designee, for neglect of
duty or other just cause after charges thereof have been made and
sustained, following a hearing before the Mayor and Council, or its
designee.
The members of the Franklin Lakes Fire Company may adopt a constitution
and bylaws, not inconsistent with the terms and provisions of this
chapter, which shall be subject to the approval of the Borough Council.
Copies of any duly adopted and approved constitution or bylaws shall
be filed with the Borough Clerk.
Each member of the Franklin Lakes Fire Company shall be entitled
to receive two badges, which shall remain the property of the Fire
Department. Upon the termination of membership in the Fire Department,
the badges shall be surrendered.
All services rendered by the members of the Fire Department
shall be voluntary to the Borough and its residents.
A.Â
Criminal history background checks required. Criminal history background
checks shall be required for all members of the Fire Department.
B.Â
AUTHORIZED VENDOR
CRIMINAL HISTORY RECORD BACKGROUND
POLICE DEPARTMENT
Definitions. For the purposes of this section, the following words
and terms shall have the following meanings:
A vendor which is authorized by the State of New Jersey to
conduct criminal history record background checks.
A determination of whether a person has a criminal record
by cross-referencing that person's records with those on file
with the Federal Bureau of Investigation Identification Division and
the State Bureau of Identification in the Division of State Police.
The Borough of Franklin Lakes Police Department.
C.Â
Requests for criminal background checks and costs.
(1)Â
The Borough requires that all members of the Fire Department request
through the Police Department that the State Bureau of Identification
in the Division of State Police or an authorized vendor conduct a
criminal history record background check on each prospective and current
employee or volunteer of the organization. There shall be a thirty-day
grace period for each new member to make application for this criminal
history record background check. All new members must have their applications
completed by the end of the thirty-day grace period.
(2)Â
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent for the check from the prospective
or current member.
(3)Â
The Borough shall bear the costs associated with conducting a criminal
history background check.
(4)Â
The Division of State Police or the authorized vendor shall inform the Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in Subsection D of this section. Any information received by the Police Department shall be confidential.
(5)Â
Any person who, by virtue of his or her occupation, is required by
statute to undergo a federal and state criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder until three years have elapsed
since the most current background check.
D.Â
Conditions under which a person is disqualified from service. A person
may be disqualified from serving as a member of the Fire Department
if that person's criminal history record background check reveals
a record of conviction of any of the following crimes and offenses:
(1)Â
In New Jersey, any crime or disorderly persons offense:
(a)Â
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(b)Â
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq., such as endangering the welfare of a child;
(c)Â
Involving theft, as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
(2)Â
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
E.Â
Submission/exchange of background information. A prospective or current
member of the Fire Department shall submit his or her application
and written consent to the Police Department for the criminal history
record background check to be performed. The organization shall submit
this documentation to the Police Department through the officer in
charge, who shall cause the background check to be conducted, and
refer the information to the State Police and FBI or the authorized
vendor for the initial check. Thereafter, all subsequent background
checks shall be submitted to the officer in charge, who shall coordinate
a background check every three years after the date of the initial
check.
F.Â
Limitations on access and use of criminal history record information.
(1)Â
Access to criminal history record information for non-criminal justice
purposes, including licensing and employment, is restricted to the
members of the Police Department as authorized by federal or state
statute, rule or regulation, executive order, administrative code,
local ordinance, or resolution regarding obtaining and disseminating
of criminal history record information obtained under this section.
(2)Â
Criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized persons or entities. Any person
violating federal or state regulations governing access to criminal
history record information may be subject to criminal and/or civil
penalties.
G.Â
Challenge of accuracy of report.
(1)Â
If a criminal history record may disqualify a current or prospective
member for any purpose, the current or prospective member shall be
provided with an opportunity to complete and challenge the accuracy
of the information contained in the criminal history record. The current
or prospective member shall be afforded a reasonable period of time
to correct and complete this record. A person is not presumed guilty
of any charges or arrests for which there are no final dispositions
indicated on the record. The Police Department shall coordinate between
the current or prospective member and the Division of State Police
or the authorized vendor any such opportunity to complete or challenge
the accuracy of the information contained in the criminal history
record.
(2)Â
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Police Department pursuant to the provisions of this section.
H.Â
Notification of subsequent disqualifying offense. If a current or prospective member is convicted of a disqualifying crime or offense as specified in Subsection D hereof after such person has cleared the required background check, such person must immediately (but no later than three days after such conviction) notify the Borough Administrator of that fact. Such person shall be immediately disqualified from his or her position.
