[Adopted 5-13-1970 as Sec. 2-13 of the 1970 Revised General Ordinances; amended
in its entirety 11-7-1974 by Ord. No. 74-12 (Ch. 37, Art. I, of
the 1992 Code)]
A.
The Fire Department of the Borough of Wallington shall be composed
of three volunteer fire companies and one emergency squad, each of
which companies and squad shall be a duly incorporated nonprofit organization
under the laws of the State of New Jersey.
B.
There shall not be more than 30 members in each of the volunteer
fire companies, and there shall not be more than 50 members in the
emergency squad.
[Amended 8-11-1994 by Ord. No. 94-24; 2-25-2016 by Ord. No. 2016-3]
A.
By January 1 of each year, each company shall submit a notice to
the Borough Clerk which shall include the company's name and address,
the names of its officers and members, and the dates of its regular
organization meetings. Said notice shall then be posted forthwith.
[Amended 12-18-2014 by Ord. No. 2014-15]
B.
Each company shall supply the Clerk with application forms, and the
Clerk shall distribute them on written request or on personal request
made during normal business hours. Said forms shall state that applications
may be filed either by personal delivery or by sending them by mail
to the secretary or other designated officer of the company or squad,
whose mailing address shall either appear on the application form
or be available from the Clerk.
C.
The secretary or other officer designated to receive applications
shall date each application with the time of receipt and shall number
the application according to its order of receipt relative to other
applications. The secretary shall promptly send a letter or postcard
to each applicant, stating the number of the application and the date
and time it was received.
D.
Each company shall establish a membership committee, consisting of
not more than 15 members, which shall be solely responsible for evaluating
and ruling upon applications for membership. It shall, within 60 days
of receipt of an application by the company or squad, make a report
to the company or squad as to whether or not the applicant qualifies
for membership. Its decision shall be binding on the company or squad,
and no vote of the membership shall be conducted on the issue of whether
an applicant shall be admitted to membership.
E.
Applicants reported by the investigating committee to be qualified
for membership shall be admitted in the order in which their applications
were received as set forth above as soon as vacancies exist. If at
any time the number of applicants found to be qualified exceeds the
number of current vacancies, a waiting list shall be established according
to the order in which the applications were received, and appointments
shall be made therefrom in that same order.
F.
If the membership committee determines that an applicant does not
meet the minimum requirements for membership, the secretary shall
promptly advise the applicant, in writing, of the rejection and the
qualifications, described with particularity, which have not been
substantially met.
Membership in the Fire Department shall be open to all persons
who are able to perform the duties of volunteer firemen and emergency
squad members, respectively, without discrimination on the basis of
an applicant's race, creed, color, sex, age, national origin, ancestry,
marital status or physical handicap. Each company and squad shall
establish objective qualifications for membership which shall relate
directly and solely to the physical and technical ability and character
fitness of an applicant to perform the vocational duties of a volunteer
fireman or emergency squad member. Such qualifications shall include
but not be limited to the following:
A.
Any candidate for fireman who is a citizen of the United States between
the ages of 18 and 40, both inclusive, upon presentation of proof
of having passed a physical examination, the cost of which shall be
borne by the applicant, shall be eligible for membership, provided
that the candidate is and has been a resident of the Borough for at
least one year prior to appointment. However, the one-year residency
requirements shall not apply in the case of a qualified fireman in
another New Jersey municipality at the time of his removal from such
other municipality to the Borough; nor shall said residency requirement
apply to a former resident of the Borough who had been a member in
good standing of any Wallington volunteer fire company or emergency
squad during the period of such former residence in the Borough who
again takes up residence in the Borough.
B.
Each new member or transferee admitted to membership in a Borough
fire company or emergency squad shall be on probation for a period
of one year from the date of such membership. During such one-year
probationary period, all such new members and transferees must successfully
complete a course in basic firematics at an accredited fire-training
school. During such period and at the conclusion thereof, each probationary
member shall be evaluated solely by the officers of the company or
squad who supervise the performance of the probationer's duties. Said
officers may cause the dismissal of any member during the probationary
period only for failure to perform the established duties of a probationary
member in a reasonably satisfactory manner or other good cause and
may do so by notifying the probationary member, in writing, of a rejection
and the particular reasons therefor. At the end of the probationary
period, said supervising officers shall determine whether or not the
applicant has satisfactorily performed the duties of probationary
member. If the probationer has, they shall promptly recommend to the
membership admittance to full membership, and their recommendation
shall be binding on the company and he shall be so admitted forthwith.
If the probationer has not, they shall promptly notify the probationary
member, in writing, of the rejection and the particular reasons therefor.
No vote of the membership shall be conducted on the issue of whether
any probationary member shall continue as a probationary member or
shall be admitted to full membership. The individual company or squad
may, however, in its discretion, provide intracompany means for appealing
rejections from applications for membership or dismissals from membership.
A.
Department officers. Department officers shall be a Chief, Deputy
Chief and Assistant Chief.
[Amended 12-20-1993 by Ord. No. 93-19]
(1)
To be eligible as a candidate for departmental office, the member
shall have:
(a)
Been an active fireman for a period of at least seven years;
(b)
Served as a Captain on the company level;
(c)
Successfully completed all available firefighting courses at
an accredited firefighting school; and
(d)
Within a period of two years prior to election to office, completed
a course in officer training given at an accredited firefighting school.
(2)
Each of the three departmental officers shall be from a different
company. As of the effective date of this section, the officers serving
as Chief, Deputy Chief and Assistant Chief shall assume the above
corresponding duties and shall remain in office until the first of
January of the next calendar year. On that date, the Deputy Chief
shall assume the office of Chief and the Assistant Chief shall assume
the office of Deputy Chief. The company unrepresented by a departmental
officer shall then nominate the Assistant Chief. Each year subsequent
to the first of January 1975, an Assistant Chief shall be nominated
by the company unrepresented by a departmental officer. The Assistant
Chief shall progress to the position of Deputy Chief, and the Deputy
Chief shall become Chief.[1]
(3)
In the event of a resignation, removal or suspension of any officer,
the subordinate officers shall advance to the next highest position
and, when necessary, a new Assistant Chief shall be nominated by the
unrepresented company. All officers advanced or newly elected shall
serve out the unexpired term and shall then be eligible for the normal
progression.
B.
Election of the Assistant Chief.
[Amended 12-20-1993 by Ord. No. 93-19]
(1)
The election of the Assistant Chief shall be held annually at the
Municipal Building on the second Monday in October. Polls shall be
opened between the hours of 8:00 a.m. and 9:00 p.m. The election shall
be under the supervision and direction of the Fire Committee of the
Council with the Fire Commissioner presiding. Immediately after the
closing of the polls, the votes shall be counted and canvassed in
the presence of the Fire Commissioner by three tellers, one from each
company, who shall be selected by said Fire Commissioner. The Fire
Commissioner shall cause to be prepared ballots bearing the name of
the candidate and, immediately thereunder, "Yes" and "No."
(2)
There shall be one nominee for the office of Assistant Chief. The
members of the company from which the nominee is chosen shall be the
nominating body. Election shall be by a majority of the ballots cast.
Immediately after the election, the result shall be certified by the
Fire Commissioner. The Secretary of each company shall provide the
Fire Commissioner with a list of its members in good standing at least
five days prior to the election. In the event that a candidate does
not receive approval of the majority of the ballots cast, his respective
company shall, within 10 days, submit another candidate for the position.
Within seven days of such submission, a new election shall be held.
In no event, however, shall a candidate's name be placed before the
electorate more than twice in any one year.
(3)
The position of Assistant Chief, Deputy Chief, and Chief shall be
rotated among the three fire companies. The election of the Assistant
Chief shall be voted upon only by the members of the fire company
which is entitled through the rotating system to propose the office
of Assistant Chief.
[Amended 10-20-2005 by Ord. No. 2005-18]
C.
Company officers. Company officers shall consist of a Captain, a
Lieutenant and a Secretary, who shall be elected by the members of
their respective companies. To be eligible as a candidate for company
office, the member shall have been an active fireman for at least
three years. In order to be eligible as a Captain, a member must have
served a term as Lieutenant. To be eligible as a candidate for Lieutenant,
a member shall have successfully completed an officer-training course
within six months of his nomination.
D.
Approval. The election of all members and officers of the Department
and companies shall be approved and confirmed by the Mayor and Council.
All Department and company officers shall file an oath for the faithful
performance of their duties. An oath of office shall be administered
by the Mayor or presiding officer of the Council or by their designee.
E.
Vacancies. Special elections to fill Department vacancies shall be
called by the Fire Commissioner on 10 days' notice of a vacancy. Company
vacancies shall be filled as provided by the individual company's
bylaws.
F.
Term of office. All Department and company officers shall hold office
from the first of January at 12:00 noon until the first of January
at 12:00 noon of the following year or until a successor is duly elected
and qualified.
A.
The Chief of the Department shall be in command at all times and
be responsible for the condition of all fire apparatus, fire equipment
and firefighting systems in use by the Department. In his absence,
the Deputy Chief and the Assistant Chief, respectively, shall assume
the duties of the Chief. In the absence of the Chief, the Deputy Chief
and the Assistant Chief, the first company officer arriving on the
scene shall have command until the arrival of a superior officer.
[Amended 12-20-1993 by Ord. No. 93-19]
B.
Upon return to quarters, if any part of the equipment is damaged
or missing a report shall be made to the Chief at once, who in turn
shall take steps to immediately repair or replace the same as follows:
the Chief shall notify the Fire Commissioner, in writing, who shall
promptly file a requisition and refer the matter to the Mayor and
Council, as required by law. In the event of an emergency situation
which requires immediate action, the Chief shall first notify the
Fire Commissioner or Mayor and then resort to the above process as
soon as time permits.
C.
The Chief shall keep a log of all alarms and company action taken.
For failure to perform duties as outlined in this article or
upon presentation to the Fire Commissioner of a petition signed by
1/2 of the members of the Department, a Department officer shall be
suspended. Within 10 days of the presentation of said petition, the
Fire Committee of the Borough Council shall hold a hearing after providing
the officer with notice of the meeting and a copy of written charges
against him. The evidence presented at such hearing shall be stenographically
reported by a certified stenographic reporter. Within seven days of
the hearing, the Committee shall render a decision by a majority vote
for removal or reinstatement. Thereafter, an aggrieved party may appeal
to the Mayor and Council. Such appeal must be filed with the Borough
Clerk within 14 days of the Committee's decision. Within 10 days after
the filing of the appeal, the Mayor and Council, upon giving notice
to the officer and the companies, shall meet and hold a trial de novo
on the record of the Fire Committee's hearing. Within seven days after
such hearing is concluded, the Mayor and Council shall render a decision
either affirming or denying the Committee's decision or remanding
to the Fire Committee the taking of further evidence.
It shall be the duty of each company Captain, under the direction
of the Chief, to keep a record of all alarms and fires and circumstances
and damages connected with the same and of any service rendered by
their respective companies. In the absence of the Captain, the Lieutenant
shall assume his duties.
It shall be the duty of each and every fireman to respond to a call of fire and endeavor to save life and property under the direction of his superior officers. Neglect on the part of any member or officer to reasonably perform the duties required of him shall make him or them subject to removal from membership by his respective company, with the exception of the Department officers, whose removal shall be governed by § 49-6. Any member whose removal is being acted upon shall be granted an opportunity to be heard before a company committee.
The companies and squads of the Department shall make such rules
and regulations to discipline their members for infractions of rules
or failure to comply with their requirements as they deem necessary.[1]
[1]
Editor's Note: Said rules and regulations are on file in the
office of the Fire Chief.
The management of the Fire Department and lands, buildings,
property and apparatus assigned to the use of the Department and management
and direction of the officers appointed or delegated to duty therein
shall be in the Mayor and Council. No apparatus under the control
of the Fire Department shall be taken outside of the Borough limits
for parades, expositions or like civic functions unless authorized
by the Fire Commissioner and thereafter approved by the Mayor and
Council.[1]
There shall be an annual inspection of the entire Department,
members and equipment on the Saturday of Fire Prevention Week in the
month of October of each year and at such other times as may be fixed
by resolution of the Mayor and Council.
A.
In addition to the quarterly reports, the outgoing Chief shall make
an annual report to the Mayor and Council, which report shall be delivered
within 30 days of the first meeting of the Mayor and Council in January.
B.
Within 30 days of the first meeting of the Mayor and Council in January,
the secretary of each company shall provide the Mayor and Council
with a list of all officers, members, drivers and alternative drivers
in good standing.
No motor apparatus which is a part of the equipment of the Fire Department shall be driven except by such drivers as may be designated by the companies' Captains, subject to the approval of the Chief of the Department and confirmed by the Mayor and Council. The Captain shall appoint, with the approval of the Chief, 10 drivers for each company, who shall hold their positions for the term of one year in the manner provided in § 49-4F for officers of the Department. In the absence of an appointed driver in an emergency situation, an alternate driver may take over until such time as an appointed driver shall arrive on the scene.
The Captains shall appoint for and from each company two Fire Marshals, subject to the approval of the Chief of the Department. The Fire Marshals shall hold office for the terms of one year in the manner provided in § 49-4F for other officers of the Department. The Fire Marshals shall direct traffic and keep unauthorized personnel from interfering with the firefighting of the Department and out of danger at the scene of a fire.
All firemen shall perform at least 60% fire duty, which duty
shall consist of attendance at fires, firehouse duties, Department
meetings and such other duties as may be properly assigned to them
by company and departmental officers. The secretary of each company
or squad will keep records of attendance and will determine what action
is to be taken in the event that the attendance of a member falls
below said percentage.
[Amended 4-8-1993 by Ord. No. 93-8; 6-26-2008 by Ord. No. 2008-04]
There shall be no automatic retirement from active service based upon age. The removal of all firemen regardless of age shall be governed by § 49-8.
