[Ord. No. 18-72, § 1; Ord.
No. 18-84, § 2; No. 12-99, § 3;
No. 26-99, § 1; No. 15-2003, § 1]
Except as otherwise provided by law, no person shall be eligible
to apply for membership in the Borough Fire Department unless he or
she:
(a)
Is a citizen of the United States of America;
(b)
Is at least 18 years of age;
(c)
Is employed full-time in the Borough or maintains a Borough mailing
address;
(d)
Is of good moral character and sound in mind and body;
(e)
Is physically fit to perform the duties of a fireman, as evidenced
by a certificate to that effect by a licensed physician practicing
in the County of Morris, after a physical examination for that purpose;
(f)
Has not been convicted of a violation of Subsection a, b, c or d
of N.J.S.A. 2C:17-1;
(g)
Has not been convicted of a violation of N.J.S.A. 2C:33-3 during
the last 10 years; and
(h)
Has not been convicted of any criminal offense involving moral turpitude.
[Ord. 11-9-1937, Art. VI, § 14; No. 12-99, § 4; No.
15-2003, § 2]
New members may be appointed as follows:
(a)
Written application for membership shall be made to the Council and
a copy of that written application, together with a duly notarized
request for background check, shall be furnished to the Morris Plains
Police Department. Each applicant shall also present himself or herself
to the Police Department so that fingerprints may be taken and shall
be responsible for paying any and all applicable fees associated with
those fingerprints.
(b)
Upon receipt of the written application, the applicant's fingerprints
and executed request for background check, the Police Department shall
be authorized to conduct a field investigation and directed to conduct
a criminal records check on the applicant.
(c)
The Police Department shall prepare a factual summary of the background
investigation and criminal records check of each applicant and transmit
such summary to the Borough Council for the purpose of determining
the fitness of the applicant. The summary may contain recommendations
to the Council concerning the suitability for acceptance of the applicant.
(d)
Upon receipt of the factual summary from the Police Department, the
Borough Council shall determine whether the applicant's qualifications
meet the requirements of this chapter and any state law. If so, the
Council shall refer the application to said Morris Plains Fire Association
for its consideration. Any applicant who is denied acceptance based
upon the results of the Police Department's investigation may
inspect the written summary prepared by the Police Department for
the purpose of clarifying, explaining or denying the accuracy of its
contents.
(e)
Said association shall ballot upon the application at any of its
regular meetings within two months following the receipt of the application.
The Association shall, within one week after said ballot is taken,
report to the Council the results thereof, said report showing the
number of members present at the meeting and the number of ballots
in favor of and against the applicant. If the number of ballots in
favor of the applicant shall be at least 2/3 of the members present
at the meeting when the ballot is taken, and upon the approval of
the applicant's membership by the Council, the applicant will
then become a member of the Department.
(f)
The action of said Association on any such reference to it shall
be advisory to the Council, and the Council shall not be precluded
from electing or rejecting such applicant, whether or not the application
is referred to said Association and whether or not the action to the
Council conforms to the recommendations of the Association.
(g)
All new members of the Fire Department shall serve a one-year probationary
period that shall commence upon the member's date of appointment
by the Borough Council. During this probationary period, the new member
shall successfully complete training required by law. The Borough
Council may, by rule or regulation, set additional requirements for
probationary members.
[Ord. No. 11-9-37, Art. VI, § 16]
Each fireman upon entering upon his duties as a fireman shall
promise to obey his officers and to be present to fight any fire or
fires upon all occasions. He shall answer the roll call at the firehouse
after each fire in order to be accredited with attendance, unless
dismissed at the scene of the fire by the officer in charge from answering
roll call. In case of a member's failure to answer the roll call
without being dismissed by the officer in charge at the scene of a
fire, an excuse must be furnished which must show good cause for his
absence. In case of any member's willful refusal or neglect to
attend a fire or fires, such member shall be subject to a fine not
exceeding $1.00, payable to and for the use of the company, and he
shall also be liable to suspension or expulsion from the fire department,
upon recommendation of the chief and with the concurrence therewith
by the council.
[Ord. No. 11-9-37, Art. VIII, § 22; 4-11-46, § 4]
Every member of the fire department shall, in each year, perform
such duty as the council may set by rule or regulation; said duty
to consist of attendance and duty at fires or drills, and a record
shall be kept of such attendance and duty by the chief and shall be
reported to the clerk as prescribed in section 10-24. This requirement
is subject to whatever exemption any exempt fireman under the state
laws may have.
[Ord. No. 11-9-37, Art. VI, § 15]
Each member of the fire department shall be furnished with an
appropriate badge, which he shall wear as an emblem of his membership.
Every such badge shall be and remain the property of the Borough.
Said badge shall be surrendered to the chief in the event of the member's
death, resignation, removal or expiration of his service in any other
manner.
[Ord. 11-9-37, Art. VI, § 17]
(a)
Any member of the fire department may be removed by the council after
a hearing, upon 5 days' notice by mail, for incapacity, misconduct,
violation of the state laws, violation of the terms of this chapter
and of rules and regulations of the council, or for any act whatsoever
unbecoming to a fireman.
(b)
Any fireman, not an officer, as enumerated in section 10-12, may
be removed by the company of which he is a member for violation of
the rules and regulations of the company, but such removal shall not
become effective without and until the approval of the council.
