City of Burlington, NJ Department of Public Safety

A state active member of a volunteer fire company shall:

(a)

Be a citizen of the United States;

(b)

Meet the age requirements as set forth by the New Jersey State Relief Association;

(c)

Be able to read, write, and speak the English language well and intelligently;

(d)

Be certified by a practicing physician of the State of New Jersey as physically able to perform the duties of a state active member;

(e)

Be of good moral character and shall not have been convicted of any crime, or of any violation of N.J.S.A. 2C:17-1 (arson and related offenses), N.J.S.A. 2C:33-3 (false public alarms), N.J.S.A. 2C:35-1 et seq. ("Comprehensive Drug Reform Act of 1987") or N.J.S.A. 2C:36-1 et seq. (drug paraphernalia);

(f)

Be a certified firefighter pursuant to Fire Division's standard operating guidelines.

Any person capable of performing the duties of a volunteer firefighter shall become a state active member upon satisfying the 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 duties of a volunteer firefighter.

Membership procedure for state active member.

Any person wishing to become a state active member shall make application to the volunteer fire company to which he or she desires to join. Upon election to membership, in accordance with governing statutes and the volunteer fire company's constitution and bylaws, the applicant shall be approved by the Chief of the Fire Division and the appointment confirmed by the Common Council. After election to membership, approval and confirmation, the Municipal Clerk shall enter the new member's name on the role of state active members.

A badge shall not be awarded to a state active member unless the member has received an exempt fireman's certificate.

Duties of a state active member. Each state active member shall perform at least 50% of his or her duty time each year in actual attendance and duty at fires and drills. The Chief of the Fire Division shall keep a record of such attendance and duty and shall report to the Common Council annually no later than the first Tuesday in February. State active members shall also be required to assist in any duties prescribed by the City of Burlington Fire Division's standard operating guidelines.

Exempt certificates.

Any state active member of the Fire Division shall be entitled to an exempt fireman's certificate when it appears that at the time of his/her appointment he/she was a resident of the City, a citizen of the United States, of good moral character and was not under age 18 or over age 45 and that he/she had performed, during a period of seven years, 50% of fire duty in each year, respectively. Any member who otherwise would be eligible for an exempt fireman's certificate, but who, as the result of an injury or injuries incurred out of or in the course of fire duty is permanently unable to fulfill the seven-year performance requirement set forth in this section, shall be entitled to an exempt fireman's certificate if, at the time he/she incurred the injury or injuries, the member had performed during a period of five years, 50% of fire duty in each year, respectively. In cases where the appointment was made during the war years the age limit shall be extended 10 years. Service in the United States Armed Forces during the war years shall be considered as fire duty service. Pursuant to N.J.S.A. 40A:14-56, service in another municipal fire department may be credited toward the eligibility for an exempt fireman's certificate.

The Common Council shall issue an exempt fireman's certificate and badge to each member of the Fire Division entitled thereto, within 120 days of the date of attaining eligibility. The certificate shall be in the form set forth in N.J.S.A. 40A:14-59. Within 60 days of issuance, one copy of the certificate shall be filed with the Burlington County Clerk, and one copy shall be transmitted to the New Jersey State Firemen's Association. The Municipal Clerk shall fix the City's Seal, attest the certificate and cause the filing and delivery of the copies.

Other classes of membership. In addition to its state active members, each volunteer fire company may have such other classes of members as may be prescribed in each company's constitution or bylaws. Membership in a volunteer fire company shall not be denied based upon an applicant's race, creed, color, sex, age, national origin, ancestry, marital status or physical handicap.

§ 2-31 Junior firefighter's auxiliary.

Creation of auxiliary. Each volunteer fire company may have a junior firefighter's auxiliary whose members shall not be required to perform duties which would expose them to the same degree of hazard as an active member.

Rules and regulations. Each junior firefighter shall be governed by the following rules and regulations.

A junior firefighter shall attend and pass fire school as soon as practicable after joining an auxiliary.

A junior firefighter shall be between the ages of 16 and 18.

A junior firefighter shall wear full turnout gear while riding fire apparatus and performing fire duties.

At no time during a fire shall a junior firefighter enter a burning structure or any hazardous atmosphere.

A junior firefighter may deliver such items as handlights, exhaust fans, axes and pike poles from the fire truck to the active members fighting fires, but only to those active members outside the structure.

At the scene of a fire, a junior firefighter may roll hose and help repack hose onto the fire truck.

(7)

Once a fire has been extinguished a junior firefighter may, upon the instruction of and at the direction of an officer, assist in inside cleanup operations.

(8)

A junior firefighter may only ride in the jump seat or cab of fire apparatus.

(9)

Under the instruction and at the direction of an officer, a junior firefighter during drills may perform certain duties such as holding water lines, ladder work, practice rescue work and pumper operations.

(10)

A junior firefighter shall assist in keeping the fire apparatus, firehouse and grounds clean and shall also assist in all fire company and Division activities.

Parental consent. A copy of the rules and regulations and of any additional rules and regulations imposed by the volunteer fire company whose auxiliary the junior member wishes to join shall be given to the parents or guardian of the junior firefighter. A copy of the rules and regulations signed by the parents or guardian and of written permission to participate in the auxiliary shall be required from each junior member prior to membership in an auxiliary. The written permission shall be acknowledged or proved in the manner required by law for deeds to real estate to be recorded.

§ 2-32 Chief.

Designation. The Office of Chief of the Fire Division shall be filled by appointment by the Director of Public Safety from a list of qualified candidates submitted by the screening committee. If an incumbent Fire Chief is the only applicant for the ensuing term of office, said individual may be reappointed without being reinterviewed by the screening committee, provided all his/her certifications are current, and all continuing education requirements have been met prior to the start of the subsequent term.

Qualifications. Prior to appointment, the Chief shall have received a high school diploma or GED, have been a certified firefighter for a minimum of 10 years, have served at least 36 months as Deputy Chief and/or Battalion Chief and/or the former title of Assistant Chief, hold IMS Level III certification from the state, possess a valid New Jersey driver license and such other training or certification as may be required by the State of New Jersey. Additionally, the Fire Chief shall be required to successfully complete such other continuing education and training in leadership, personnel management, budgeting, and other management skills as may be required by the Director of Public Safety.

Term. The term of office of Chief of the Fire Division shall be four years to run concurrently with the term of the Mayor.

Vacancy. In the event of a vacancy in the office of Fire Chief, said vacancy shall be filled as soon as practicable pursuant to the provisions of § 2-42D. The Deputy Chief shall serve as acting Fire Chief until a new Fire Chief shall have been appointed for the remainder of the term.

Removal from office. The Fire Chief may be removed from office by the Director of Public Safety, following service of detailed written charges, for incapacity, neglect or continuous absence from duty, failure to meet continuing education requirements or for conduct unbecoming the office. The charges shall be filed with the Council and shall not become effective until the 20th day following their filing. During the twenty-day period the Chief can appeal to the Council and demand that the Director of Public Safety provide evidence to support removal. In such case, (s)he shall have the opportunity to defend himself/herself in person or by attorney, to produce witnesses and to cross-examine witnesses produced against him/her. The affirmative vote of at least 2/3 of all the members of the Council shall be required to overturn the removal.

Duties.

In all cases of fire threatening danger or destruction of property within the City, the Fire Chief shall take prompt and efficient measures and use all the means of the Fire Division to extinguish the fire. The Chief shall, at such time, and on all occasions of fire alarm, have sole and absolute control and command over all the apparatus and all members of the Fire Division. The Chief shall have sole control and command of all other apparatus and persons aiding and assisting the Fire Division in cases of actual fire.

The Fire Chief shall periodically inspect all apparatus and satisfy himself/herself that it has been properly cleaned, maintained and made ready for use when needed. The Chief shall call upon a sufficient number of the active firefighters to assist in the work of putting and keeping everything in readiness for service. The Chief shall keep closely informed as to the physical condition of the equipment, apparatus and firehouses and take all necessary measures to have all portions thereof ready for instant use. To this end, (s)he shall make, or cause to be made, frequent visits for the purpose of inspection at intervals not exceeding four months at each firehouse, and shall keep a record of such inspections by date and in detail as to the conditions then existing.

The Fire Chief shall render to the Council, at its stated meeting in March of each year, an annual report giving in detail a record of the services of the Fire Division during the year then closed and stating the cause of each fire, if ascertained, and the loss estimated to have been sustained. This report shall also include full information as to the organization, personnel, equipment apparatus and real estate and shall be accompanied by the financial statements of the several companies, as provided for in § 2-35E. The Chief shall also include recommendations for the maintenance and betterment of the service. The Chief shall also make specific reports on matters relating to the Fire Division whenever so directed by the Council.

The Fire Chief shall be responsible for the proper management, discipline, and training of Fire Division members. He/she shall approve all tools, appliances, apparatus and equipment used by the Fire Division.

The Fire Chief shall have the authority to establish, organize, and manage subdivisions of the Fire Division as deemed necessary to carry out its mission.

The Fire Chief shall set policy, establish rules and regulations, and standard operating guidelines for the efficient operation of the Fire Division.

(7)

The Fire Chief shall submit an annual budget to the Director of Public Safety for presentation to Common Council for approval. Upon approval, he/she shall authorize any expenditure therefrom.

(8)

The Fire Chief shall administer discipline when necessary and when recommended by a Board of Rights.

(9)

The Fire Chief shall prescribe the specifications for, and the manner of wearing of, all uniforms and protective clothing used in the Division.

(10)

The Fire Chief shall prescribe appropriate continuing education requirements for subordinate officers, drivers, fire police and firefighters.

§ 2-33 Other officers.

Deputy Chief.

Designation. There shall be one Deputy Chief in the Fire Division appointed by the Fire Chief with concurrence of the Director of Public Safety. The appointment shall be made from a list of qualified candidates submitted by the screening committee. If an incumbent Deputy Chief is the only applicant for the ensuing term of office, said individual may be reappointed without being reinterviewed by the screening committee, provided all his/her certifications are current, and all continuing education requirements have been met prior to the start of the subsequent term.

Qualifications. The Deputy Chief shall have received a high school diploma or GED, have been a certified firefighter for a minimum of eight years, have served at least 24 months as a Battalion Chief and/or the former title of Assistant Chief, or 36 months as Captain, hold IMS Level III certification from the state, possess a valid New Jersey driver license and any other training or certification as may be required by the State of New Jersey. Additionally, the Deputy Chief shall be required to successfully complete such other training in leadership, personnel management, budgeting and other management skills as may be required by the Director of Public Safety. The Deputy Chief shall fulfill continuing education requirements prescribed by the Fire Chief.

Term. The term of office for Deputy Chief shall be four years running concurrently with the term of the Fire Chief.

Vacancy. If a vacancy occurs in the position of Deputy Chief the vacancy shall be filled as soon as practicable pursuant to § 2-42. The Fire Chief may designate an individual meeting the criteria in § 2-33A(2) as interim Deputy Chief until an official appointment shall have been made in accordance with § 2-42D.

Removal from office. The Deputy Chief of the Fire Division may be removed from office by the Director of Public Safety at any time upon proven charges of incapacity, neglect or continuous absence from duty, failure to meet continuing education requirements, or for conduct unbecoming the office. In such case, (s)he shall have notice and be given reasonable opportunity to defend himself/herself in person or by attorney, to produce witnesses and to cross-examine witnesses produced against him/her.

Duties. The Deputy Chief shall assist the Fire Chief in the conduct of Fire Division business and perform additional tasks as may from time to time be assigned to him/her. (S)he shall assume command in the absence of the Chief.

Battalion Chief.

Designation. There shall be two Battalion Chiefs in the Fire Division appointed by the Fire Chief. The appointments shall be made from a list of qualified candidates determined by the screening committee. If the two incumbent Battalion Chiefs are the only applicants for the ensuing term of office, said individuals may be reappointed without being reinterviewed by the screening committee, provided all their certifications are current and all continuing education requirements have been met prior to reappointment.

Qualifications. Prior to appointment a Battalion Chief shall have received a high school diploma or GED, have been a certified firefighter for a minimum of five years, have served at least 24 months as Captain or 36 months as Lieutenant in the City of Burlington Fire Division, hold IMS Level II certification from the state, possess a valid driver license plus any other certification or training required by the State of New Jersey, and have a minimum of 24 hours additional training in supervision, management, and fireground operations. Battalion Chiefs shall fulfill continuing education requirements prescribed by the Fire Chief.

Term. The term of office for a Battalion Chief shall be two years beginning on January 1 of even-numbered years.

Vacancy. If a vacancy occurs in one of the Battalion Chief positions it shall be filled as soon as practicable by the Fire Chief pursuant to § 2-42D.

Removal. The Fire Chief may remove a Battalion Chief from office at any time for just cause including incapacity, neglect, dereliction, or continued absence from duty, failure to meet continuing education requirements or for conduct unbecoming the office. The Battalion Chief shall be given written notice of removal. He/she may appeal the action to the Director of Public Safety or request that a Board of Rights be convened. Such appeal/request must be in writing and served upon the Chief within five calendar days of receiving the removal notice. If the Chief does not receive written notice of appeal or request for a Board of Rights within this time period, the right to appeal shall be deemed waived. The decision of the Director of Public Safety or the Board of Rights shall be final.

Duties. The Chief shall prescribe duties of Battalion Chiefs. New duties may be added from time to time, and existing duties may be changed, modified, or rescinded. Each Battalion Chief may be given administrative responsibility over one or more stations or subdivisions of the Fire Division. He/she shall make inspections of all apparatus, tools, equipment and stations assigned to him/her at intervals determined by the Chief, and provide written reports thereof to the Chief. Battalion Chiefs shall faithfully obey and enforce all rules, regulations, and orders from time to time prescribed by the Chief. Battalion Chiefs may administer discipline as authorized in § 2-41B and shall forward written reports of all such discipline to the Fire Chief within 48 hours of imposition.

Captains.

Designation. Each fire company shall select one Captain from among its qualified members. Candidates must meet all requirements listed in § 2-33C(2).

Qualifications. Prior to being selected, a Captain shall possess a high school diploma or GED, possess a valid New Jersey driver license, have been a certified Firefighter I for at least five years, hold IMS Level 1 certification from the state, have successfully completed a Fire Officer I course or a minimum of 54 hours of approved equivalent classes in management, leadership, strategy and tactics, and have served as a Lieutenant in the City of Burlington Fire Division for 24 months.

Term. The term of office for a Captain shall be as prescribed in the respective company bylaws.

Vacancy. A vacancy in the office of Captain shall be filled as soon as practicable with another qualified individual selected by the affected fire company.

Removal. The Fire Chief shall remove from office any Captain who does not meet the requirements of § 2-33C(2). The Chief may suspend for up to one year a Captain who violates any Fire Division rule or regulation, policy or procedure, or who disobeys a lawful order of a superior. Any Captain suspended by his/her company shall be prohibited from riding on any apparatus and participating in any fireground activities for the duration of the suspension.

Duties. The Captain shall be responsible for running his/her station and managing the day-to-day operations thereof. He/she shall faithfully and promptly obey, and cause all persons under him/her to obey, all rules, regulations, policies, procedures and orders of the Fire Division. Each Captain shall provide to the Chief by the fifth of each month a completed report for every incident his/her company was dispatched to during the previous month even if the company did not actually respond to the call. In the absence of a chief officer, the first Captain to arrive at an incident shall assume command until relieved by a superior officer.

Lieutenants.

Designation. Each fire company may select from among its qualified members no more than two Lieutenants to assist the Captain with routine duties and to provide supervision on the fireground.

Qualifications. Prior to being selected, Lieutenants shall possess a high school diploma or GED, possess a valid New Jersey driver license, be certified firefighters in accordance with Fire Division standard operating guidelines, possess New Jersey State Firefighter I certification, hold IMS Level I certification from the state, have a minimum of three years active service in the City of Burlington Fire Division, and have a minimum of 18 hours additional training in fireground operations. Lieutenants shall fulfill continuing education requirements prescribed by the Fire Chief.

Term. The term of office for a Lieutenant shall be as prescribed in the respective company bylaws.

Vacancy. A vacancy in the office of Lieutenant shall be filled at the discretion of the fire company having the vacancy.

Removal. The Fire Chief shall remove from office any Lieutenant who does not fully meet the requirements in § 2-33D(2). The Chief may suspend for up to one year any Lieutenant who violates any Fire Division rule, regulation, policy or procedure, or who disobeys a lawful order of a superior. Any Lieutenant suspended by his/her fire company shall be prohibited from riding on any apparatus and participating in fireground activities for the duration of the suspension.

Duties. Lieutenants shall assist the Captain in running the station and perform special tasks when assigned. Lieutenants shall faithfully and promptly obey, and cause all those under them to obey, all rules, regulations, policies and procedures of the Fire Division and all lawful orders of superiors. In the absence of a superior officer, the first arriving Lieutenant shall assume command on the fireground until relieved by a superior officer.

§ 2-34 Bureau of Fire Prevention.

The Bureau of Fire Prevention shall administer and enforce the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., and the administrative regulations enacted pursuant to the Act and as more fully set forth in Chapter 162, Fire Prevention.

§ 2-35 Fire companies.

Management. Each volunteer fire company shall have the widest latitude in the management of its firehouse and in the conduct of its internal affairs, consistent with the purpose for which it was organized and maintained, and with the ordinances of the City, the rules and regulations of the fire department and the laws of the State of New Jersey.

Constitution and bylaws. The constitution and bylaws of each company shall conform to the provisions of this chapter and statutes. A fire company may adopt bylaws which impose stricter standards than would otherwise be imposed by ordinance, Fire Division rule and regulation or statute, as long as the bylaw is not in conflict or does not violate any City ordinance, Fire Division rule or regulation, or statute.

Elections. Fire company elections shall be held in the final quarter of the year as provided for in the bylaws for each fire company or as otherwise established by ordinance. The term of each elected officer shall begin at 12:00 p.m. on the succeeding January 1. A vacancy shall be filled by each fire company in accordance with its bylaws.

Oath. Prior to assuming his/her duties, each officer of the several companies, elected or promoted under the provisions of this chapter, shall take and subscribe an oath or affirmation setting forth that (s)he possesses the qualifications for office. The oath or affirmation shall be taken before any officer authorized by law to administer oaths, and shall be filed in the office of the Municipal Clerk.

Financial statements. The fiscal year of each fire company shall be the calendar year. An annual financial statement covering the full fiscal year shall be rendered by each company over the signature of its President and Treasurer, and attested to by its Secretary, under the seal of the company, and shall show in detail the sources of all receipts from the City and the purpose of all disbursements made from funds received from the City. Such reports shall be subject to audit at the discretion of the Business Administrator or Chief Financial Officer. These reports shall be rendered to the Chief of the Fire Division in time to be transmitted by him/her as part of his/her annual report to the Business Administrator. Companies may, but are not required to, include receipts from other sources, or disbursements made from funds received from such other sources.

§ 2-36 Equivalent titles.

The former title "Assistant Chief" shall be the equivalent of "Battalion Chief" or "Deputy Chief" for purposes of determining qualification for appointments. Additionally, the former title "Foreman" shall be equivalent to "Captain," and the former title "Assistant Foreman" shall be equivalent to "Lieutenant" for purposes of determining qualification for appointment.

§ 2-37 Fire police.

Membership. Each volunteer fire company, at its annual meeting, may elect from its membership fire police officers and certify their names to the Chief of the Fire Division, who shall thereupon summon them to a meeting and cause them to elect from among their own number one Captain and one Lieutenant for the ensuing year. In the case of failure to make such selection at the first meeting, the Chief shall appoint such officer or officers.

Term; oath of office. A fire police officer shall be appointed for a term of office not to exceed five years; prior to entering upon his/her duties a fire police officer shall qualify by documenting the successful completion of the "New Jersey Fire Police Basic Training Course" or an equivalent course approved by the Division of Fire Safety, and, taking and subscribing to an oath that he/she will justly, impartially and faithfully discharge his/her duties according to the best of his/her ability and understanding. Such oath shall be administered by the Municipal Clerk and subscribed to in triplicate, with the Municipal Clerk retaining the original, one copy being provided to the Secretary of the fire company making such appointment, and the third copy going to the member taking the oath.

Duties. The fire police shall act under the general direction of the incident commander in the vicinity of the fire. The duties of the fire police shall be to:

Protect property and contents;

Establish and maintain fire lines;

Perform such traffic duties as necessary, from the fire station to and from the vicinity of the fire, fire drill, or other emergency call, until the arrival of a duly authorized police officer;

In the absence of investigating authorities, investigate all causes of fires and preserve all evidence pertaining to questionable fires and turn any evidence over to the proper investigating authorities;

Wear the issued safety garments with the authorized fire police badge or patch on the left breast of the outermost garment while on duty.

§ 2-38 Drivers.

Certified drivers. Each volunteer fire company's apparatus shall be operated by certified drivers.

Eligibility as certified driver. To be eligible as a certified driver of heavy apparatus, a Fire Division member must be at least 21 years of age, possess a valid State of New Jersey driver's license, hold IMS Level I state certification and qualify annually on each apparatus. Members less than 21 years of age but at least 19, in good standing, who possess a valid New Jersey driver's license for at least one year, may become certified drivers of certain light vehicles designated by the Chief, provided, however, that no such vehicle shall exceed 26,000 pounds GVW, have a vehicle in tow, nor require any special endorsement under motor vehicle statutes and regulations of the State of New Jersey. IMS certification shall not be required to drive utility vehicles or the Fire Police vehicle.

Upon request from the Chief, a certified driver shall provide a current abstract of his/her driving record obtained from the New Jersey Motor Vehicle Commission.

Eligibility for position of chief engineer, first assistant engineer and second assistant engineer. To be eligible for the position of chief engineer, first assistant engineer and second assistant engineer, in addition to the qualifications for certified driver, a member must have served at least one year prior to his or her election as a certified driver, and have been certified as a firefighter in accordance with the Fire Division's standard operating guidelines, except any person who served as an engineer or was an exempt member prior to December 31, 2000, can serve as an engineer without being a certified firefighter.

Election/Council confirmation. Each volunteer fire company shall elect three certified drivers to be designated as the chief engineer, first assistant engineer and second assistant engineer. In addition, each volunteer fire company shall elect as many other certified drivers as each company deems necessary. The election of a driver shall be confirmed by the Council prior to the driver being eligible to operate any vehicle.

Emergency designation by Chief. In the case of an emergency, the Chief of the Fire Division may authorize a qualified driver to operate any vehicle in the Division which the Chief deems necessary in responding to an emergency.

Duties of driver. In addition to driving the apparatus, all drivers shall see that the trucks are in serviceable condition when returned to the fire station after a call. The chief engineer, first assistant engineer and second assistant engineer shall see that the trucks are kept in operating condition and that necessary repairs are promptly taken care of through proper channels, that all drivers are qualified and that the trucks are kept clean.

Effect of loss of driver's license. If a driver's license is revoked or cancelled, the driver shall become disqualified and his or her office vacated on the date of such revocation, cancellation or expiration. All drivers shall notify the Chief immediately, in writing, if his/her driver's license becomes revoked, suspended, or expired. Additionally, drivers shall be subject to the control of the Fire Chief, who may, for just cause, remove a driver or impose a suspension. The Chief may periodically request an abstract of a member's driving record.

§ 2-39 Apparatus.

Use of apparatus. Fire apparatus representing the City shall be removed from the firehouses in which they are housed only upon dispatch to an incident or for training, maintenance, refueling or other approved reason. Frivolous use of fire apparatus is prohibited. The Chief shall report any violations of this provision to the Director of Public Safety and may suspend or remove the driver responsible and, if advisable, remove the auto pump or the aerial ladder truck from the firehouse in which it is then located.

Cleaning and care. The drivers shall be responsible for the cleaning and care of all pumping fire apparatus and the aerial ladder truck.

Apparatus leaving City. No portion of the equipment or apparatus of the Fire Division shall be permitted to leave the City to attend social functions (parades, musters, etc.) except with the written consent of the Chief of the Fire Division and approval of the City Council. Response to a call for aid outside the City shall be in accordance with state, county and local mutual aid protocols. In such cases, the Chief shall designate which portion of the equipment or apparatus may be sent.

Speed of fire apparatus.

No fire apparatus shall be driven upon any street in the City at a speed exceeding that permitted by law, provided that when answering an alarm of fire any fire apparatus so engaged may proceed at a safe rate of speed commensurate with conditions.

Fire apparatus shall be driven at all times with due regard to the safety of persons and of property upon the highway.

§ 2-40 Firefighter's spousal benefits.

Pursuant to N.J.S.A. 43:12-28.1, the sum of $5,000 shall be paid annually to the widow, during her widowhood, of any volunteer firefighter who shall have died as a result of injuries sustained in the course or performance of duty as a member of the Fire Division.

§ 2-41 Discipline.

It shall be the duty of all officers and members to maintain proper discipline and decorum at all times. All members shall faithfully and promptly obey the rules, regulations, policies and procedures set forth by the Fire Division and the lawful orders of superiors. Written charges may be filed against any member by any other member, a member of the public, or a public or private entity. The Fire Chief shall have the authority to summarily discipline any offender, or (s)he may choose to convene a Board of Rights.

Options. Disciplinary action may take the form of an oral warning, written notice to improve performance, official written reprimand, revocation of privileges, restriction of activities, removal from office, suspension not to exceed one year, or expulsion from the Fire Division. Only a Board of Rights can decide expulsion.

Authority to impose. The Fire Chief may administer all levels of disciplinary action. An expulsion order shall only be drawn up upon recommendation from a Board of Rights. Subordinate chiefs may administer discipline up to a fifteen-day suspension. Suspensions greater than 15 days may only be ordered by the Fire Chief. Captains may administer discipline up to revocation of privileges. Lieutenants may administer discipline up to an official written reprimand. Written reports of all discipline administered by subordinate officers shall be forwarded to the Fire Chief within 48 hours of imposition.

Board of Rights.

Composition. A Board of Rights shall consist of three individuals as follows: one of the current subordinate chief officers, one current company officer (Captain or Lieutenant), and one former chief officer of any rank from a list of at least six volunteers willing to serve on the Board. If the list of former chief officer volunteers contains less than six names, additional volunteers shall be solicited from among the executive officers of the fire companies. All three Board members shall be chosen by lottery from within each pool of names with the accused or his/her representative making the actual draw. When the Board meets, the current chief officer shall chair the proceedings. If a prospective Board member is a party to the instant case, he/she shall be disqualified from the selection process. If all current subordinate chief officers should be disqualified, the third Board member shall be chosen by lottery from the pool of former chief officer volunteers, or the additional volunteers as the case may be. In such instances, the Fire Chief shall designate the chair for the proceedings.

Duties. The Board of Rights shall conduct impartial hearings to review formal charges brought against members. After hearing testimony from both sides, the Board shall deliberate and render a decision. If the decision sustains the charges, the Board shall also recommend disciplinary action to the Chief. Within five days of reaching a decision, the Board shall provide written copies of its findings to both parties.

Proceedings. A hearing shall commence before the Board of Rights within a reasonable time following the submission of written charges to the Chief. The accused shall be provided an opportunity to present his/her defense, with or without the assistance of counsel, and to present witnesses and cross-examine any person testifying against him/her. All testimony shall be given under oath. If deemed necessary, a court reporter may be hired to record and transcribe the proceedings, with the total costs thereof being evenly split between the accused and the Fire Division.

Implementation of decision. The Chief of the Fire Division shall implement disciplinary action upon a guilty finding by the Board of Rights. With sufficient justification, the Chief may impose a lesser action than that recommended by the Board of Rights, but shall not impose a stronger action. Implementation shall begin after the time period for appeal has expired, or immediately after an appeal has been denied.