[HISTORY: Adopted by the Council of the Borough of Fair Lawn 9-25-2018 by Ord. No. 2478-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Length of service awards program — See Ch. 24.
A. 
A stipend program shall be established to encourage the active recruitment, retention and participation of active members of the Fair Lawn Volunteer Fire Department, Fair Lawn Volunteer Rescue Squad and Fair Lawn Volunteer Ambulance Corps.
[Amended 3-23-2021 by Ord. No. 2562-2021]
B. 
Effective January 1, 2019, there shall be a stipend program established to compensate volunteer emergency responders of the Fair Lawn Volunteer Fire Department, Fair Lawn Volunteer Rescue Squad and Fair Lawn Volunteer Ambulance Corps for their loyal, diligent and devoted services to the residents of the Borough of Fair Lawn. This program shall be implemented and monitored by the Borough Manager in consultation with the Chief Financial Officer.
C. 
The program established by this section shall apply only to volunteer emergency responders of the Fair Lawn Volunteer Fire Department, Fair Lawn Volunteer Rescue Squad and Fair Lawn Volunteer Ambulance Corps.
D. 
Auxiliary and affiliate members of the Fair Lawn Volunteer Ambulance Corps are not eligible for the program.
[Amended 3-23-2021 by Ord. No. 2562-2021]
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, regarding members under the age of 18, was repealed 3-23-2021 by Ord. No. 2562-2021.
F. 
This stipend program shall not affect the LOSAP Program as contained in Chapter 24 of the Borough Code.
This program shall provide for a quarterly stipend for each volunteer member that meets the criteria set forth below; that such stipend shall be made in accordance with a plan that shall be established by the Borough of Fair Lawn, and that such plan shall be administered in accordance with the laws of the State of New Jersey, and United States Internal Revenue Code and this chapter.
A. 
The stipend for each eligible volunteer member shall be per the criteria set forth in § 25-4B.
[Amended 3-23-2021 by Ord. No. 2562-2021]
B. 
Payment shall be made directly to the eligible member.
C. 
Quarterly payment shall be made to the eligible member on or before May 31, August 31, November 30 and January 31.
A. 
The quarters shall be the following for all organizations:
(1) 
First quarter: January, February and March.
(2) 
Second quarter: April, May and June.
(3) 
Third quarter: July, August and September.
(4) 
Fourth quarter: October, November and December.
B. 
Criteria for payment of the quarterly stipend to active volunteer members shall be in accordance with the following schedules:
(1) 
Fair Lawn Volunteer Fire Department: Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2) 
Fair Lawn Volunteer Rescue Squad: Schedule B.[2]
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
(3) 
Fair Lawn Volunteer Ambulance Corps: Schedule C.[3]
[3]
Editor's Note: Schedule C is included as an attachment to this chapter.
C. 
Volunteer firefighters, volunteer rescue squad members or volunteer ambulance corps members on military leave or on medical leave resulting from an injury related to service as a volunteer of their respective department shall be entitled to the full quarterly stipend.
D. 
Volunteer firefighters, volunteer rescue squad members or volunteer ambulance corps members on personal leave, non-service-related medical leave, scholastic leave or suspended from volunteer service are not eligible for the quarterly stipend.
E. 
Volunteer firefighters, volunteer rescue squad members or volunteer ambulance corps members who join an organization or change their status during the quarter will become eligible to receive a stipend at the beginning of the next quarter.
[Added 3-23-2021 by Ord. No. 2562-2021]
F. 
The Borough Manager, in consultation with the Department Chief and Stipend Administrator, shall have the authority to approve payment of the quarterly stipend to an active volunteer member due to extraordinary and/or exceptional circumstances.
[Added 3-23-2021 by Ord. No. 2562-2021]
A. 
The Fair Lawn Volunteer Fire Department, Fair Lawn Volunteer Rescue Squad and Fair Lawn Volunteer Ambulance Corps shall maintain sufficient records, suitable to the Borough to provide for the maintenance of this program and to ensure accurate and complete reporting of volunteer attendance.
B. 
It shall be the duty of the Chief or his/her designee of each volunteer organization to see that those records are provided to the Stipend Coordinator of each organization on a monthly basis for calculations and determination as to which members are eligible to receive the quarterly stipend.
C. 
Members who do not agree with the monthly totals are to be referred to their organization's Stipend Coordinator. If the member disagrees with the calculations by his or her organization's Stipend Coordinator, he or she may appeal to the Stipend Administrator for resolution. The Stipend Administrator will review and conduct an audit of all documentation and confer with the Chief of the Department and the Borough Manager prior to rendering a decision.
A. 
The Borough Manager shall appoint a Stipend Coordinator from each organization. The Stipend Coordinators of the Volunteer Rescue Squad and Volunteer Ambulance Corps shall be compensated at $1,750 per year. The Stipend Coordinator of the Volunteer Fire Department shall be compensated at $2,500 per year.
[Amended 3-23-2021 by Ord. No. 2562-2021]
B. 
The Stipend Coordinator from each organization shall receive the monthly records for calculations and submit same to the Stipend Administrator.
C. 
A monthly report listing each member's totals shall be maintained by the Stipend Coordinators and said report shall be posted at each organization's emergency response building.
[Amended 3-23-2021 by Ord. No. 2562-2021]
A. 
The Borough Manager shall appoint a Stipend Administrator. The Stipend Administrator shall be compensated at $4,500 per year.
[Amended 3-23-2021 by Ord. No. 2562-2021]
B. 
The Stipend Administrator shall receive the monthly records from the Stipend Coordinators; review the monthly records; maintain records and files of eligible members and prepare quarterly reports.
C. 
The Stipend Administrator shall submit to the Borough's Finance Department a quarterly report for payment to eligible members. The quarterly report shall be submitted by the Stipend Administrator to the Borough's Finance Department on or before April 30, July 31, October 31 and January 31.
D. 
The Stipend Administrator shall provide a quarterly report to each Stipend Coordinator listing each member's calculated quarterly totals. The quarterly report shall be posted by the Stipend Coordinator at each organization's emergency response building.
E. 
Although records are provided to the Stipend Administrator from the Stipend Coordinators on a monthly basis, the stipend payment shall be made by the Borough on a quarterly basis.
Nothing in this program is intended to change the status of the Fair Lawn Volunteer Fire Department, Fair Lawn Volunteer Rescue Squad and Fair Lawn Volunteer Ambulance Corps, it being the intent and purpose herein that these organizations remain as volunteer organizations.
A. 
Nothing in this program is intended to create an employer-employee relationship between a volunteer firefighter, volunteer rescue squad member or volunteer ambulance corps member and the Borough. No person receiving a stipend under these regulations shall be considered an employee of the Borough.
B. 
The payment of any stipend does not change the status of any volunteer. Volunteers are not employees of the Borough of Fair Lawn. Stipend payments shall conform to the Fair Labor Standards Act of 1938[1] (FLSA) requirements as set forth by interpretative guidance promulgated by the United States Department of Labor (DOL) and the New Jersey Department of Labor and Workforce Development (NJDOL).
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
Nothing in this program will entitle any volunteer firefighter, volunteer rescue squad member or volunteer ambulance corps member to health and prescription benefits, pension or other like benefits provided by the Borough to its full-time employees.
Any person who is a member of the Fair Lawn Volunteer Fire Department, Fair Lawn Volunteer Rescue Squad or Fair Lawn Volunteer Ambulance Corps will be eligible to earn stipends from all organizations.
Employees of the Borough who are also a volunteer firefighter, volunteer rescue squad member or volunteer ambulance corps member are entitled to earn a stipend while performing such volunteer services during regular work hours.
[Amended 3-23-2021 by Ord. No. 2562-2021]
Quarterly payments shall be made in accordance with § 2-118.