[Adopted 2-9-2015 by Ord. No. 1-0-15[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Fire Department, adopted 11-13-1968, as amended.
A Fire Department of the Borough of Wanaque be and the same
is hereby created and established and equipped within the territorial
limits of the Borough, and said Fire Department shall consist of the
Fire Committee of the Borough Council, Fire Company Nos. 1 and 2 and
such other companies as the Mayor and Council may from time to time
establish, a Chief, two Assistant Chiefs Captains, Lieutenants and
such other firefighters as may be appointed. Said Captains and Lieutenants
shall be elected by each individual company, one Captain and two Lieutenants
from each company.
The said fire companies shall be entrusted with the fire equipment
now owned by the Borough of Wanaque and such as may be hereafter acquired
by it, subject, however, at all times to the control of the Borough
Council.
The membership of said companies shall not exceed 40 men per
company.
The members and officers of said fire companies are made respectively
members and officers of said Fire Department on signing the membership
roll of said Fire Department and promising to perform the duties of
a fireman as prescribed by the Borough ordinances and the bylaws,
which roll shall be kept in the custody of the Borough Clerk.
No person shall become a member of a fire company until his
election by the Fire Department is approved by the Mayor and Council.
The Borough Council or its designee shall have the right to
expel, suspend or dismiss any member of any fire company upon written
charge preferred by any officer of said Fire Department and a hearing
by the Borough Council or its designee, but any member having charges
preferred against him may be represented by counsel.
No person shall become a member of any company unless said person shall be a citizen of the United States and a resident of the communities reference is § 13-17, of good moral character, between the ages of 18 and 46 and has passed a medical examination for fire duty. Retirement age for active members shall be fixed by agreement between the individual companies and the Mayor and Council.
The Chief shall have complete charge of the Fire Department
at all fires and drills. In the absence of the Chief, the senior ranking
officer or member present shall have complete charge of the Fire Department
at any fire or drill. He shall be elected by the Fire Department and
confirmed by the Mayor and Council. The First and Second Assistant
Chiefs shall also be elected by the Fire Department and confirmed
by the Mayor and Council. The Fire Department, through its duly authorized
officers, may recommend three or more candidates to the Mayor and
Council for the position of Chief and the two Assistant Chiefs. The
appointments shall be made annually in the month of January at the
organization meeting of the Borough Council. It shall be the duty
of each of the Assistant Chiefs to report to the Chief every month
on the condition of the fire equipment and other matters concerning
the Department, and the Chief shall, quarterly, report, in writing,
concerning these matters to the Borough Council at its second monthly
meeting after the end of the quarter, which report shall be filed
with the Borough Clerk at least five days prior to said meeting. A
copy of said report shall be filed with each fire company.
Any member of said Fire Department who has failed to have an
attendance record of 40% of alarms and drills during any calendar
year shall be automatically dropped from said Fire Department, but
nothing herein shall prevent any member from being granted a leave
of absence for a period not exceeding one year; provided, however,
that application be first made to the Borough Council and approved
by it. Any new member of said Fire Department shall be appointed as
a probationary fireman, and said probation period shall be for a period
of one year, and during said period of probation said new member shall
have an attendance record of 60% and shall attend and successfully
complete a basic fire training program at an approved fire training
school as designated by the Fire Chief while serving said probationary
period. At the end of said probationary period, the respective company
that has said member shall then vote to either accept or reject said
member, and said company shall then notify the Mayor and Council as
to the result of this vote and as to its recommendation whether said
member should be accepted or rejected as a member of said Fire Department.
The bylaws of said Fire Department shall be filed with the Borough
Clerk after first having been approved by the Fire Committee and the
Borough Council.
Each member of said Department, upon signing the roll of said
Department, shall be entitled to receive a badge, and said badge shall
remain the property of the Borough Council and be surrendered to said
Borough Council upon the resignation, suspension or expulsion of any
member.
The Borough Council reserves the right to alter or amend the
bylaws of the Fire Department by ordinance or resolution as it shall
see fit.
The Fire Department is hereby authorized to enter into a mutual
aid agreement with any other municipality or fire department as is
deemed necessary for the proper and safe action of the Department
and for the safety of this or any other municipality. No equipment
shall leave the Borough of Wanaque without the express consent of
the senior officer in charge of the Fire Department at the time of
the request. If no officer is available, the senior fireman is to
take charge until an officer is available.
The Borough of Wanaque shall adopt the Fire Prevention Code,
in full, as drawn, written and/or amended by the American Insurance
Association, and there shall be created, within the Fire Department,
a Fire Prevention Bureau, and said Fire Prevention Bureau shall have
the power to enforce the Fire Prevention Code.
The services rendered by said Fire Department shall be voluntary.
It is mandatory that all members of the Fire Department be residents
of the Borough of Wanaque, Borough of Pompton Lakes, Borough of Ringwood,
Township of West Milford, Borough of Bloomingdale, Borough of Riverdale
or Township of Pequannock. In the event that such residence is terminated,
membership in the Fire Department shall thereupon be terminated.
A.
Criminal history background checks required. Criminal history background
checks shall be required for all members of the Fire Department.
B.
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 Wanaque Police Department.
C.
Requests for criminal background checks and costs.
(1)
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 conduct a criminal history record
background check on each prospective and current employee or volunteer
of the organization. All prospective members must have the criminal
history record background check completed before appointment by the
governing body.
(2)
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)
The Borough shall bear the costs associated with conducting
a criminal history background check.
(4)
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.
D.
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)
In New Jersey, any crime or disorderly persons offense:
(a)
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)
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;
(2)
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.
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 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.
Limitations on access and use of criminal history record information.
(1)
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)
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.
Challenge of accuracy of report.
(1)
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.
(2)
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.
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.
