[HISTORY: Adopted by the Township Committee of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Emergency medical services — See Ch.
37.
Fire Department — See Ch.
41.
[Adopted 8-16-1999 by Ord. No. 99-2555 (Ch. 24, Art. X, of the 1996 Township
Code)]
A. The State of New Jersey has recently recognized the need to increase
the incentives for persons to volunteer their time and efforts in
volunteer firefighting or first aid squads, which activities have
a long history and tradition of providing essential services to many
municipalities in this state, by recently enacting the "Emergency
Services Volunteer Length of Service Award Program Act."
B. The Township of Middletown has the largest volunteer fire department
in the United States and also has a very active and well-trained volunteer
first aid squad serving the residents of the Township.
C. The Township Committee recognizes the personal commitment and time
involved in the training and response to calls required by these volunteers,
and deems it appropriate and necessary to act to ensure retention
of existing members and to provide incentives for recruiting new volunteer
firefighters/first aid members for the Middletown Volunteer Fire Department
and the Middletown First Aid & Rescue Squad.
D. The Township of Middletown has determined that the creation of a
Length of Service Awards Program will enhance the ability of the Township
and the Volunteer Fire Department and Volunteer First Aid Squad to
both retain existing members and recruit new volunteer firefighters/first
aid members.
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with N.J.S.A. 40A:14-183 et seq., to reward members
of the Middletown Volunteer Fire Department and the Middletown First
Aid and Rescue Squad (inclusive of the fire companies and first aid
squads recognized and sanctioned by the Township) for their loyal,
diligent, and devoted services to the residents of Middletown.
The LOSAP shall provide for fixed annual contributions to be
made by the Township annually to a deferred income account for each
volunteer member who the Township determines meets the annual eligibility
criteria set forth below; that such contributions shall be made in
accordance with a plan that shall be established by the Township of
Middletown pursuant to the Act; and that such plan shall be administered
in accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code, and this article.
A. The Township's
LOSAP program shall provide fixed annual contributions based on years
of service at the rate set forth periodically by resolution of the
Township Committee for each active volunteer member accruing at least
50 LOSAP points during the applicable year.
[Amended 4-21-2003 by Ord. No. 2003-2715; 8-21-2023 by Ord. No. 2023-3385]
B. The Fire
Department and First Aid Squads will make a recommendation, and the
Township Committee will determine, the length of service credit, to
the maximum prior service credit permitted by the Act, to be established
for each member for prior volunteer service with the Fire Department
or First Aid Squad before the effective date of this article and program.
That prior service determination will establish the position on the
Length of Service Schedule for each existing member of the Fire Department
or First Aid Squad upon the initiation of this program commencing
January 1, 2000.
[Amended 4-21-2003 by Ord. No. 2003-2715]
An active volunteer member can receive a separate annual LOSAP
Award for qualified participation in each of the Fire Department and
the First Aid Squad (but not for participation with two fire companies
or two first aid squads). Calls responded to by a member of both the
Fire Department Company and First Aid Squad can only be credited as
one call to one agency.
Each active volunteer member shall accrue and be credited with
points, to be totaled on an annual basis per calendar year, for volunteer
services provided as per the Middletown LOSAP Point System Schedule
set forth herein as part of this article. The Fire Department and
First Aid Squad shall, at the conclusion of each calendar year, provide
a list and recommendation as to the members achieving the required
50 points of service and the basis for that recommendation. The Township
Committee will thereafter make the determination as to members on
the list as to compliance with the eligibility requirement for each
calendar year.
Middletown Township LOSAP Point System
(Total 50 points required per calendar year)
|
I.
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Training courses - 25 point maximum
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1.
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Courses under 20 hours' duration - 1 point per hour, maximum
of 5 points per course.
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2.
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Courses of 20 to 45 hours' duration - 1 point per hour for each
hour over the initial 20 hours, maximum of 10 points per course.
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3.
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Course over 45 hours' duration - 15 points per course.
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II.
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Drills - 25 point maximum
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1.
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1 point per drill, minimum two-hour drill.
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III.
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Elected or appointed positions - 25 point maximum. Elected or
appointed positions means line officers at the Department, company
or squad level. [Amended 4-21-2003 by Ord. No. 2003-2715]
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1.
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Completion of one-year term in an elected or appointed position
- 25 points.
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2.
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Limited to one office only.
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IV.
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Attendance at meetings - 25 point maximum. [Amended 4-21-2003 by Ord. No. 2003-2715]
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1.
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Attendance at any official meeting of the individual fire company,
first aid squad, the Department, or Department designated special
sub-committees and/or groups such as, but not limited to, NJ State
Relief Association, Relief Trustees, Captains & Chiefs Committee
- 1 point per meeting attended.
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2.
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Individuals receiving 25 points under III shall be limited to
a 10 point additional maximum credit under IV.
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V.
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Participation in emergency responses - 25 points for responding
on the minimum number of calls, as outlined below:
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Fire calls
|
|
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Total number of calls, volunteer's fire company responds to
annually. [Amended 4-21-2003 by Ord. No. 2003-2715]
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0 to 500
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500 to 1,000
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1,000 to 1,500
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1,500 and up
|
|
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Minimum number of calls volunteer firefighter must respond to
annually to receive 25 points credit
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10%
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7.5%
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5%
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2.5%
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First Aid calls
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0 to 500
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500 to 1,000
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1,000 to 1,500
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1,500 and up
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Total number of calls emergency rescue and first aid squad (ambulance)
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|
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Minimum number of calls volunteer member must respond to annually
to receive 25 points credit
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10%
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7.5%
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5%
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2.5%
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VI.
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Miscellaneous activities - 20 point maximum
|
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1.
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Participation in inspections and other activities not otherwise
listed - 1 point per activity.
|
[Adopted 8-4-1997 by Ord.
No. 97-2479 as Ch. 28, § 28-10, of the
1996 Township Code; amended in its entirety 8-17-2015 by Ord. No. 2015-3147]
Pursuant to N.J.S.A. 40A:14-183 et seq., the Township shall
continue to maintain its Length of Service Awards Program (LOSAP)
first established on January 1, 2000, for all active volunteer members
of the Township's recognized volunteer fire departments and first
aid squads for their loyal, diligent and devoted service to the residents
of Middletown. The program shall provide for fixed annual contributions
to be made by the Township annually to a deferred income account for
each volunteer member who the Township determines meets the annual
eligibility criteria in accordance with the plan established by the
Township pursuant to applicable law and the Township Code.
The following definitions shall govern the Township's LOSAP
program:
ACTIVE VOLUNTEER MEMBER
Pursuant to N.J.S.A. 40A:14-184, as a condition of eligibility
for participation in the Township's LOSAP program, each participating
fire department, fire company, first aid or rescue squad's bylaws
must minimally define an active volunteer member eligible for participation
in the LOSAP program as an individual member in good standing who
provides a minimum of 40 hours of volunteer service within the applicable
year.
CERTIFYING OFFICER
Each volunteer fire department, fire company, first aid or
rescue squad participating in the Township's LOSAP program must have
a designated certifying officer who annually submits and certifies
to the LOSAP points accumulated by members of their fire department
or first aid squad based on records maintained by them. Certifying
officers may be shared between fire departments or rescue squads and
may be professionals or individuals retained by the organization so
long as they can attest to the accuracy of its LOSAP records.
ELECTED OR APPOINTED POSITION
A.
Pursuant to N.J.S.A. 40A:14-184, the Township defines an elected
or appointed position eligible for LOSAP credit as an active volunteer
member who serves in any of the following titles for a full calendar
year:
(11)
Other position specifically defined in the organization's bylaws
if submitted to and accepted by the Township.
B.
No more than one individual may hold a position for purposes
of LOSAP credit and no enrollee may receive credit for more than one
position during any applicable year.
YEARS OF SERVICE
Years of service shall be counted only for years in which
a volunteer met the Township's eligibility criteria as an active volunteer
member.
[Amended 8-21-2023 by Ord. No. 2023-3385]
The Township's LOSAP program shall provide fixed annual contributions
based on years of service at the rate set forth periodically by resolution
of the Township Committee for each active volunteer member accruing
at least 50 LOSAP points during the applicable year.
Each active volunteer member shall accrue and be credited with
points to be totaled annually for volunteer services provided. Each
fire department and rescue squad's certifying officer shall maintain
records of the points accrued for its respective membership and provide
a certified list to the Township enumerating each active volunteer
member who has accrued 50 points based on the following scoring system
of qualified volunteer activities.
A. Training courses (25 point maximum).
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20 hours or less in duration
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1 point per hour
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5 points maximum per course
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20 to 45 hours in duration
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1 point per hour after 20th hour
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10 points maximum per course
|
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Over 45 hours
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N/A
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15 points per course
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B. Drills
(25 point maximum): one point per drill for minimum two-hour drill.
C. Elected or appointed positions (25 point maximum): 25 points for one complete year of service in elected or appointed position under the definition of "elected or appointed position" in Subsection
B of this section. Where an elected or appointed position is vacated and a different member appointed to fulfill those duties, the appointed member may be awarded a prorated award of two points for each full month served in that position.
D. Attendance
at meetings (25 point maximum): one point is accrued per meeting attended.
Applicable meetings include: individual monthly fire company or rescue
squad meetings, designated subcommittee meetings, captain or chief's
meetings, and meetings of recognized nonprofit or governmental state
or county fire or rescue squad associations or organizations. Individuals
receiving points for service in an elected or appointed position shall
not receive points for meeting attendance as a duty of that position.
E. Emergency
responses (25 point maximum). In order to receive 25 points for participation
in emergency responses, the active volunteer member must respond to
a minimum amount of calls annually as follows:
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Minimum Emergency Responses per Individual Department
or Squad
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Number of Calls Received
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Response Rate
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0 to 500
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10%
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500 to 1,000
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7.5%
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1,000 to 1,500
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5%
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1,500+
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2.5%
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F. Miscellaneous
(20 point maximum). Participation in sanctioned activity, such as:
inspections, work on equipment or facilities, fund-raising activity,
etc., may be awarded a half point for every hour of participation
in a sanctioned activity.
Dual enrollment is permitted between different volunteer organizations, but in no circumstance may such enrollment result in an aggregate Township contribution in excess of the maximum contribution permitted for the maximum years of service rendered as specified under §
53-11C.
Vested enrollees may withdraw from the program by way of a LOSAP
retirement and may continue to serve as a volunteer, but may not reenroll
in the Township's LOSAP program.
Vested enrollees may seek distributions if determined to be
totally disabled from continuing in volunteer service.
Vested enrollees may seek a hardship distribution in an unexpected
emergency, such as: a casualty loss, death of spouse, foreclosure
on principal home, or other unanticipated emergency circumstance determined
to be qualifying by the Township.
A vested enrollee may withdraw from the Township's LOSAP program,
but must fully resign and separate from service for a minimum of one
year in order to be eligible to reenroll in LOSAP starting at zero
years of service upon reenrollment for the purpose of calculating
LOSAP credit.
The designated beneficiaries of a LOSAP enrollee, regardless
of whether vested or not, may receive the proceeds remaining in the
enrollee's account.
All records maintained by the certifying officers of the Township's
recognized volunteer fire departments, fire companies, first aid and
rescue squads relating the accrual of LOSAP points shall be subject
to annual and random audit by the Township prior to any contributions
being made.
This article shall be effective for all LOSAP contributions
being made by the Township for LOSAP points accrued during the 2015
calendar year.