[Amended 11-27-2023 by Ord. No. 421-2023]
Members of the Board of Fire Officers shall consist of a Chief,
two Deputy Chiefs, two Captains, and a Lieutenant for each company
(Engine Co. Ladder Co. Rescue Co./Special Unit), and such other officers
of the Fire Department as shall be provided pursuant to ordinance.
The members ex officio of the Board shall be the President of
the River Vale Fire Department Association and Fire Marshal.
The Board shall hold regular monthly meetings; the time, date
and place to be determined by the Board Chairman with the approval
of the majority of the Board members, and the Board may hold special
meetings upon notice as hereinafter provided.
Special meetings may be called at the discretion of the Chairman
of the Board, and are intended to address unforeseen circumstances,
including emergency or death in the Department, where an immediate
decision is required to ensure the proper operation of the Department.
A quorum shall consist of no less than a majority of the qualified
members in order that business may be transacted at either regular
or special meetings.
A.
For all regular and special meetings, the Chief shall automatically
be Chairman of the Board and, in his/her absence, the Board shall
be chaired by the Deputy Chief. In the case where both the Chief and
Deputy Chief are unavailable, and a special meeting is necessary,
the next available senior officer will act as Chairman of the Board.
No regular meeting may be held in the absence of the Chief and the
Deputy Chief. One member of the Board shall be designated by the Chairman
as Secretary to keep complete records of all regular and special meetings.
B.
Transaction of business at all regular Board meetings shall proceed
in the following order:
D.
A majority vote of Board members shall be required to pass any and
all Board decisions.
E.
Meetings shall be conducted in accordance with all applicable State
and local laws, regulations and ordinances.
Any question as to the interpretation, intention or meaning
of this Code or Code of Control of the River Vale Volunteer Fire Department,
or any parts hereof, shall be determined by a majority vote of the
members of the Board, at any regular meeting, provided a quorum is
present. Any decision shall be transmitted to the active department
at its next regular meeting and a copy retained in a separate file
for future reference. It shall be the duty of every member of the
Board to respect and enforce the Code to the best of said member's
ability in order that the Board may operate efficiently and in order
to ensure that the Department shall function with due regularity and
maximum performance.
Duties shall be as follows:
A.
To formulate, prepare and effect a code for the control and management
of the River Vale Volunteer Fire Department.
B.
To determine and recommend exemption certificates for members of
the Fire Department who have served the time prescribed by law and
have performed the yearly fire duty required of them for a period
equal in years to the number of years required by the laws of the
State of New Jersey.
C.
To prepare and formulate necessary rules and regulations for Board
procedures as it may deem necessary, within the guidelines laid down
herein.
D.
To prescribe and determine procedure for the election of departmental
officers, determine qualification for office and report the results
of elections through the Chief and/or Director of Fire to the Mayor
for his approval.
E.
The Chairman of the Board shall appoint from the active Fire Department
membership, members to serve on all existing committees. In addition,
the Chairman may create any committees which the Chairman deems necessary
to assist the Board in its.
F.
The Chairman shall appoint two active Ex-Chiefs, one exempt member,
and two at large members to serve on the five member Grievance Committee.
Current members of the Board shall not serve on the Grievance Committee.
G.
To appoint three active members from the active membership of the
Department to serve on the Membership Committee.
H.
To have sole jurisdiction in the assignment of members to serve fire
stations and on fire apparatus.
I.
To appoint a member of the Fire Department to maintain records of
members' percentages.
In determining decisions to be made by the Board of Fire Officers,
a majority vote shall be required, provided that a quorum is in attendance,
at any regular or special meeting, and the said members of the Board
of Fire Officers, in order to qualify to have their vote valid and
effective, must be active and qualified members entitled to vote in
the River Vale Volunteer Fire Department.
A.
All grievances against any elected officer or a member must be submitted
to the Chief in writing and signed by a member or members in good
standing, or brought by the Chief directly. The Chief will review
the filed grievance, and based on the supporting evidence and seriousness
of the alleged grievance, can immediately impose a temporary suspension
of a member's active status of up to 90 days or until final disposition
of the grievance by the Grievance Committee or the Board of Fire Officers
(if appealed). The member may not attend meetings or serve at fires
until the final outcome of the charges is determined and made known
to him in writing. If no temporary suspension is ordered, the accused
shall be entitled to continue as an active member of the Department
in all respects. The Chief's action is not subject to appeal.
B.
If the seriousness of the alleged grievances merit a letter of reprimand,
additional suspension time greater than 90 days, or termination of
membership, the Chief must submit the written grievance and a request
for review to the Grievance Committee. The Grievance Committee will
meet as soon as practicable to review the merits of the charges, and
take, by majority vote, one of the following actions:
(1)
Dismiss the grievance: This action automatically returns the member
to active status, removes any letters of reprimand related to the
grievance that were filed against the member, and credits the member
for all missed fire calls, drills and mandatory meetings while suspended;
(2)
Find that the grievance is justified and impose additional penalties,
if warranted; or
(3)
Find that the grievance is justified, and modify penalties imposed.
C.
Appeals to the Board of Fire Officers.
(1)
The member aggrieved by the decision and penalty of the Grievance
Committee can appeal said decision and penalty to the Board of Fire
Officers. Such appeal shall be taken by filing a written appeal to
the Board of Fire Officers within 10 days after notice of the decision
by the Grievance Committee.
(2)
Upon receipt of the written notice of appeal, the Board of Fire Officers
shall schedule a time and date to review the findings of the Grievance
Committee as soon as practicable, and must give adequate notice (at
least seven days) to the member appealing the decision of the Grievance
Committee of the date and time of the review.
(3)
The Board of Fire Officers will, by majority vote, affirm, overturn,
or modify the decision of the Grievance Committee.
(4)
The accused may appeal the decision of the Board of Fire Officers
to the Mayor within 10 days in writing directed to the Township Clerk.
The determination both as to the charges and penalty shall be consistent
with the rules and procedures of the Office of the Mayor and decided
by said Mayor, and the Mayor's decision shall be final.
(5)
In the event an alleged grievance is found to be unjustified by the
Grievance Committee, the Board of Fire Officers or the Office of the
Mayor, then he/she shall be immediately entitled to resume all rights
and privileges as a member of the Department in the event suspension
has occurred, or in the event of no suspension, his/her status shall
be that of a member in good standing as though no charges had been
brought.
D.
Penalties. The Grievance Committee and Board of Fire Officers shall
have the authority and the right:
(1)
To suspend for any term and in any manner any member against whom
valid grievances have been filed. In the event said member is suspended,
he/she shall remain inactive and may not attend meetings or serve
at fires and any compensation from the Township shall cease as of
the date of his/her suspension;
(2)
To order the removal from Department membership of any member against
whom valid grievances have been filed. In the event of discharge of
a member of the Department, the member shall no longer be entitled
to the rights and privileges of a member of the Department and all
compensation shall cease as of the date of discharge;
(3)
To submit letters of reprimand into any member's personnel file against
whom valid grievances have been filed.
