[New]
The Department of Finance is hereby created. The Head of the
Department of Finance shall be the Director of the Department, who
is the Chief Financial Officer.
[1974 Code § 2-36.1; Ord. No. 94-1 § 1]
In accordance with N.J.S.A. 40A:9-140.10, there is hereby created
the position of Chief Financial Officer of the Borough.
[1974 Code § 2-36.2; Ord. No. 94-1 § 2]
The Chief Financial Officer shall possess all certificates and
training as required by N.J.S.A. 40A:9-140.1 et seq., and shall comply
with all requirements set forth herein.
[1974 Code § 2-36.3; Ord. No. 94-1 § 3]
In accordance with N.J.S.A. 40A:9-140.10, the Chief Financial
Officer shall be appointed by the governing body of the Borough of
Fairview. The term of office shall be four years, which shall run
from January 1 in the year in which the Chief Financial Officer is
appointed.
[1974 Code § 2-36.4; Ord. No. 94-1 § 4]
The Chief Financial Officer shall be the Director of Finance
for the Borough and shall be responsible for the proper financial
administration of the Borough under the Local Government Supervision
Act, N.J.S.A. 52:27BB-1 et seq.; the Local Bond Law, N.J.S.A. 40A:2-1
et seq.; the Local Budget Law, N.J.S.A. 40A:4-1 et seq.; the Local
Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq.; the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq.; and such other statutes, and such
rules and regulations promulgated by the Director of the Division
of Local Government Services, the Local Finance Board, or any other
State agency, as may pertain to the financial administration of the
Borough.
[1974 Code § 2-36.5; Ord. No. 94-1 § 5]
The compensation for the Chief Financial Officer shall be separately
set forth in a Municipal Salary Ordinance.
[Amended 10-3-2016 by Ord. No. 16-17]
a.
Creation of the position: There is hereby created the position of
Qualified Purchasing Agent to be appointed by the governing body.
b.
Duties as set forth in the Job Specifications of the New Jersey Civil
Service Commission, to include but not be limited to:
1.
Under direction, plans, organizes, and directs activities of the
purchasing unit; prepares purchasing procedures; does other related
duties as required.
2.
Establishes and develops accepted purchasing methods and records
in accord with prescribed laws, rules, regulations, standards, policies,
and procedures.
3.
Reviews requisitions for operating and maintenance equipment, materials,
and supplies.
4.
Locates and investigates reputable sources of supply.
5.
Prepares specifications.
6.
Communicates directly with vendors by telephone or correspondence.
7.
Interviews vendors to determine product line and usefulness.
8.
Handles complaints by taking the proper action.
9.
Develops and implements a centralized purchasing system including
all necessary procedures, forms, and files.
10.
Records claims of vendors for materials and services.
11.
Prepares periodic reports and statements.
12.
Maintains bidder's lists.
13.
Prepares purchase contracts.
14.
Prepares purchasing procedures and bill payments.
15.
Assigns, supervises, and reviews work of subordinates.
16.
Prepares temporary and final appropriation budgets and transfers.
17.
Confers with other department representatives on the standardization
of supplies used and the need for specialized equipment.
18.
Establishes and maintains needed records and files.
c.
License: In accordance with N.J.S.A. 40A:11-9, applicants will be
required to possess a valid qualified purchasing agent (QPA) certification
issued by the State Division of Local Government Services, in the
Department of Community Affairs.
d.
Education: Graduation from an accredited college or university with
a bachelor's degree.
e.
Salary range: $8,000 to $14,000 per year.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Assessor.
[New]
The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law. In accordance with the provisions
of N.J.S.A. 54:3-16, the Assessor, when making assessments, shall
be governed by directions by the Bergen County Tax Administrator.
These directions shall be pursuant to rules adopted by the Bergen
County Tax Board.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Collector.
[New]
No person shall be appointed or reappointed as Tax Collector
unless he shall hold a Tax Collector's Certificate issued pursuant
to N.J.S.A. 40:9-145.3. Any Tax Collector appointed pursuant to this
section may obtain tenure pursuant to the provisions of N.J.S.A. 40A:9-144
or 40A:9-145. Any person who shall be reappointed Tax Collector subsequent
to having received a Tax Collector's Certificate pursuant to N.J.S.A.
40A:9-144.3 and having served as Tax Collector or who has performed
the duties of Tax Collector for not less than four consecutive years
immediately prior to such reappointment shall have acquired tenure
and shall hold the office during good behavior and efficiency and
shall be removed only for good cause shown and after a proper hearing
before the Director of the Division of Taxation or his designee in
accordance with the provisions of N.J.S.A. 40A:9-145.8.
[New]
The Tax Collector shall hold his office for a term of four years
from January 1 next following his appointment. Vacancies other than
due to the expiration of term shall be filled by appointment for the
unexpired term.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Collector in the Salary Ordinance.
[1]
Editor's Note: See end of this section for additional ordinances
related to Police Department.
[1974 Code § 2-13.1; Ord. No. 76-6; Ord. No. 79-14; Ord. No. 82-20; Ord. No.
86-27; Ord. No. 94-2 §§ 1, 2; Ord. No. 99-14; Ord. No. 00-30; Ord. No. 02-35; Ord. No. 06-8 § 1; Ord. No. 07-5 § 1; Ord. No. 08-07 § 1; Ord. No. 09-16; Ord. No.
11-1; Ord. No. 12-5; Ord. No. 13-23; amended 1-21-2020 by Ord. No. 20-3; 12-15-2020 by Ord. No. 20-23; 6-15-2021 by Ord. No. 21-12]
The Police Department shall consist of a paid Chief of Police,
Deputy Police Chief, two Captains, three Lieutenants, seven Sergeants
and as many police officers as the Mayor and Council from time to
time may appoint.
[1974 Code § 2-13.2]
The member of the Borough Council who is Chairman of the Police
Committee shall be the Commissioner of Police of the Borough and shall
serve without compensation. During his illness or absence, another
member of the Committee shall be designated by the Mayor and Council
as Commissioner of Police.
[1974 Code § 2-13.3]
The members of the Police Department shall, when on duty, wear
such uniforms and badges or signs of office as shall be prescribed
by the Council.
[1974 Code § 2-13.4; Ord. No. 77-9]
a.
Appointments. Except as otherwise provided by law, no person shall
be appointed as a member of the Police Department or Force, unless
the applicant is:
1.
A citizen of the United States.
2.
Sound of body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
as to his eligibility for membership in the retirement system.
3.
Of good moral character, and has not been convicted of any criminal
offense involving moral turpitude.
4.
Between 18 years of age and not over 35 years of age.
b.
Classifications. The Mayor and Council or the appointing authority
shall classify all duly qualified applicants for the position of Police
Officer to be appointed in the following classes:
Class I. Residents of the municipality.
Class II. Other residents of the County in which the municipality
is situate.
Class III. Other residents of the State.
Class IV. All other qualified applicants.
1.
Within each classification duly qualified applicants who are veterans
shall be accorded all such veterans' preferences as are provided by
law. Persons discharged from the service within six months prior to
making application to the Borough who fulfill the requirements of
the N.J.S.A. 40A:14-10.1, and who, thereby are entitled to appointment
notwithstanding their failure to meet the New Jersey residency requirement
at the time of the initial applications shall be placed in Class III.
2.
The Mayor and Council or the appointing authority shall first appoint
all those in Class I and then those in each succeeding class in the
order above listed, and shall appoint a person or persons in any such
class only to a vacancy or vacancies remaining after all qualified
applicants in the preceding class or classes have been appointed or
have declined an offer of appointment. Residency shall be defined
to mean not only living in the community at the time of the appointment,
but shall also include that at the time of passing of the test he
shall have also been a resident as indicated by the civil service
rules.
3.
The Civil Service Commission shall, when requested to certify eligibles
for positions specified in this subsection, shall make such certifications
from the classes separately and successively, and shall certify no
persons from any such class until all persons in the preceding class
or classes have been appointed or have been appointed or have declined
offers of appointment. This subsection shall apply only to initial
appointments and not to promotional appointments of persons already
members of the Police Department.
[1974 Code § 2-13.5]
The Police Committee and the Mayor shall be known as the Police
Examining Board. They shall carefully examine all applicants, to see
that they meet the requirements as prescribed by law.
[1979 Code § 2-13.6; amended 8-18-2020 by Ord. No. 20-22]
The governing body shall appoint a Chief of Police who shall
have all of the powers set forth in N.J.S.A. 40A:14-118 and who shall
be directly responsible to the governing body for the efficiency and
routine day-to-day operations of the Police Department. The Chief
of Police shall, pursuant to policies established by the governing
body:
a.
Administer
and enforce rules and regulations and special emergency directives
for the disposition and discipline of the force and its officers and
personnel.
b.
Have,
exercise and discharge the functions, powers and duties of the force.
c.
Prescribe
the duties and assignments of all subordinates and other personnel.
d.
Delegate
authority as the Chief may deem necessary for the efficient operation
of the force to be exercised under the Chief's direction and supervision.
e.
Report
at least monthly to the Administrator in such form as shall be prescribed
by the Police Committee on the operation of the force during the preceding
month and make such other reports as may be requested by the governing
body.
[1974 Code § 2-13.7; Ord. No. 77-6]
The power and duties of the Police Department are established
by authority which directs that the Police Department shall:
a.
Preserve the public peace, prevent crime, detect and arrest offenders
against the penal laws and ordinances effective within the Borough,
suppress riots, mobs and insurrections, disperse unlawful or dangerous
assemblages, and preserve order at all elections and public meetings
and assemblages.
b.
Administer and enforce laws and ordinances to regulate, direct, control,
and restrict the movement of vehicular and pedestrian traffic and
the use of streets by vehicles and persons, and to make rules and
regulations, not inconsistent with the charter, ordinance, and general
law for such purpose.
c.
Remove all nuisances in the public streets, parks, and other public
places; inspect and observe all places of public amusement or assemblage
and all places of business requiring any State or municipal license
or permit.
d.
Provide proper Police attendance and protection at fires.
e.
Enforce the laws and ordinances in effect within the Borough and
prevent the violation of them by any person; apprehend and arrest
all persons legally charged with the violation of any law or ordinance.
f.
Provide for the attendance of its Police Officers or civilian employees
in court as necessary for the prosecution and trial of persons charged
with crimes and other violations of the law, and cooperate fully with
the law enforcement and prosecuting authorities of Federal, State,
and County governments.
g.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
h.
Rules and Regulations Established. The Borough Council hereby establishes
the Department rules and regulations under cover to be known as the
Fairview Police Department Rules and Regulations.
i.
Right to Amend or Revoke. In accord with N.J.S.A. 40A:14-118, the
right is reserved by the Borough Council to amend or to revoke any
of the rules and regulations, or add thereto, as the circumstances
require.
j.
Previous Orders. All rules, regulations, procedures, and orders,
previously issued, contrary to those embodied in the manual are hereby
revoked. All other rules, regulations, orders and procedures not in
conflict with those contained in this manual shall remain in force.
[1974 Code § 2-13.8]
Any member of the Police Force shall receive sick pay in accordance
with N.J.S.A., Title 11, of the Civil Service Statutes.
[1974 Code § 2-13.9]
When any member of the Police Force shall be suspended from
office and afterwards reinstated, that Officer shall receive no pay
for the period of his suspension.
[1974 Code § 2-13.10]
Each member of the Police Force shall be presented with a printed
copy of the rules of the Police Department which shall show what his
duty shall be upon his witnessing or being apprised of the violation
of any ordinance of the Borough, also what particular provisions of
any ordinance it is his duty to carry out and be enforced; any neglect
by any member of the Police Force to carry out each and every rule
as aforesaid shall be held to be sufficient cause for his dismissal
from the Police Force, in addition to any punishment the Borough Council
may impose.
[1974 Code § 2-13.11]
No member of the Police Force shall withdraw or resign, except
by permission of the Police Committee, under the penalty of forfeiture
of the salary which may be due him.
[1974 Code § 2-13.12]
Any member of the Police Force may be removed from office by
a majority of the Council, in addition to any other punishment to
which he may be subject by law, against whom any of the following
charges may be substantiated, viz:
a.
Intoxication while on duty or off.
b.
Willful disobedience of orders.
c.
Indecent, profane or harsh language.
d.
Disrespect to a superior.
e.
Unnecessary violence to prisoners or citizens.
f.
Leaving his beat without good reasons.
g.
Neglect in paying his just debts for rent or necessaries contracted
while in the Force.
h.
For immorality, indecency or lewdness.
i.
Absence without leave.
j.
Incompetency, lack of energy and incapacity, mentally or physically.
k.
Entering a house of prostitution or assignation, gambling houses
or rooms, saloons or sporting houses of any description while on duty,
unless in discharge of his duty.
l.
Sleeping on duty.
m.
Neglect of duty.
n.
Violating any criminal law or penal ordinance.
o.
For making known any proposed movement of the Force.
p.
For conduct unbecoming an officer and a gentleman.
q.
For conduct subservient of good order and the discipline of the Force.
r.
For violating rules governing municipal judges or justices court.
s.
For willful maltreatment of a prisoner or a citizen.
t.
For refusing to do duty of any kind whenever required, whether on
patrol or elsewhere and whether in uniform or not.
[1974 Code § 2-13.13]
No Officer shall be removed without giving him an opportunity
to be heard.
[1]
Editor's Note: Former Subsection 2-13.14, Director of Police,
previously codified herein and containing portions of Ordinance Nos.
10/18/11 and 94-26 was repealed in its entirety by Ordinance No. 95-6.
[Ord. No. 96-17 § 12; Ord. No. 04-38 §§ 1, 2; Ord. No. 07-27 § 1; Ord. No. 08-13 §§ 1, 2; Ord. No. 10-15 §§ 1 —
7
a.
General Provisions.
1.
Off-duty Police Officers may perform police related activities for
private persons or entities such as serving as patrolmen to divert
traffic or as security guards with the prior approval of the Chief
of Police and governing body.
2.
The hourly compensation for rates for services under the preceding
Subsection a1 shall be consistent with the provision of the U.S. Fair
Labor Standard Act.
3.
The fees paid by the private patrons or entities for Off-Duty Police
Officer services shall be paid in advance into the Police Officer
Off-Duty Escrow Fund administered by the Township Escrow Account Clerk.
4.
Obligation to Pay for Use of Either a Police Officer or Some Other
Law Enforcement Officer. The rate of compensation paid to the Borough
for the use of an off-duty Police Officer or some other law enforcement
officer by those requesting and needing those services shall be established
by resolution by the Mayor and Council at such times as determined
by the Mayor and Council with the current rate set in this subsection.
5.
Rates of Compensation.
[Amended 5-7-2018 by Ord. No. 18-1; 7-17-2018 by Ord. No. 18-6]
(a)
Rates of compensation for contracting the services of either
an off-duty police officer or some other law enforcement officer is
established as $110 per hour. All sums shall be paid to the Borough
of Fairview.
(b)
Rates of compensation for security services (private) of either
an off-duty police officer or some other law enforcement officer is
established at $75 per hour. All sums shall be paid to the Borough
of Fairview.
6.
Compensation to Off-Duty Police Officers or Law Enforcement Officers.
Determination of compensation to off-duty Police Officers or, some
other law enforcement officers shall be determined by the Borough.
7.
Minimum Hours. Outside contractors or others availing themselves
of this service shall pay a minimum of four hours.
8.
Notice Required for Cancellation. Three hours' notice must be received
by the Police Department to cancel a scheduled detail. Failure to
give the notice will result in the assessment of a four hour payment
fee to the Borough.
9.
Insurance Requirements.
(a)
No person or entity shall employ a Police Officer for extra
duty without having first filed with the Borough Clerk a certificate
of comprehensive general liability insurance in the amount of not
less than $1,000,000 for one person and $2,000,000 for any one occurrence
with respect to injuries and damages sustained or caused by Police
Officers while performing such extra duty.
(b)
No certificate of insurance required by this subsection shall
be deemed filed with the Borough Clerk unless it has been first approved
by the Borough's Risk Manager. All policies of insurance evidenced,
by any certificate filed hereunder shall be maintained by the person
or entity employing such Police Officer in full force and, effect
at all times while any Police Officer is so employed. The Borough
of Fairview and its Police Department shall, be named as additional
named insured for liability purposes.
(c)
Any person or entity which employs a Police Officer, for extra
duty shall defend, indemnify and save harmless the Borough and its
Police Officers against and from any and all claims, suits, damages,
costs and attorneys' fees to which the Borough and its Police Officers
may be put by any negligent act or omission by such person or entity
in connection with or arising from the work being performed herein.
10.
Payment Required. The cost for the contracted work shall be paid
to the Borough prior to the commencement of the work.
11.
Escrow. The contractor shall be required to post an escrow which
will be estimated by the Borough Engineer and/or the Superintendent
of Public Works at the rate of $100 per hour for the number of hours
requested for the project.
[Ord. No. 04-12]
a.
The Appropriate Authority. Said Police Department shall come under
the jurisdiction of the Appropriate Authority, which position is created
pursuant to N.J.S.A. 40A:14-118. Said Appropriate Authority shall
be the governing body or any person designated by the governing body.
The Appropriate Authority, if other than the governing body, shall
be responsible directly to the governing body. The Chief of Police
shall be directly responsible to the Appropriate Authority for the
day-to-day operation of the Police Department pursuant to policies
established by said Appropriate Authority. The Appropriate Authority
is hereby vested with the duty of and shall be responsible for the
promulgation, adoption, updating, and/or ratification of rules and
regulations for Police personnel which shall be known as the rules
and regulations for the Police Department of the Borough of Fairview
(N.J.S.A. 40A:14-118).
Editor's Note: Additional ordinances pertaining to the Police
Department:
|
Ord. No. 2014-8
|
6-2-2014
|
Adopts Attorney General's Policies and Procedures for Internal
Affairs Investigations
|
|
Ord. No. 2014-9
|
6-2-2014
|
Amends Police Manual, Adds Harassment in the Workplace, 2-32-10A
|
|
Ord. No. 2014-10
|
6-2-2014
|
Amends Police Manual, Electronic Monitoring, 2-32-10B
|
[1974 Code § 2-22.1; Ord. No. 74-12 § 1]
The Fairview Special Police Association which was created and
has existed in the Borough under the name of the Fairview Police Reserves
for 33 years is hereby recognized as the official uniformed special
police organization of the Borough and is presently known as the Fairview
Special Police. It shall be coextensive with the territorial jurisdiction
for the Borough.
[1974 Code § 2-22.2; Ord. No. 74-12 § 2; Ord. No. 93-10 § 1; Ord. No. 06-1 § 1; Ord. No. 06-3 § 1]
The Uniformed Special Police shall consist of officers and men
as stated in their constitution and bylaws and shall be limited to
a total of 40 men.
Class One — Officers of this class shall be authorized
to perform routine traffic detail, spectator control and similar duties.
Class One Officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of N.J.S.A. Title 39. The use of a firearm
by an Officer of this class shall be strictly prohibited and no Class
One Officer shall be assigned any duties which may require the carrying
or use of a firearm. Membership in this class shall be limited to
as many as deemed necessary.
Class Two — Officers of this class shall be authorized
to exercise full powers and duties similar to those of a permanent
regularly appointed full-time Officer. The use of a firearm by an
Officer of this class may be authorized only after the Officer has
been fully certified as successfully completing training as prescribed
by the Police Training Commission. Class Two Special Law Enforcement
Officers shall not exceed 25% of the total number of regular Police
Officers, except that no municipality shall be required to reduce
the number of Class Two Special Law Enforcement Officers, or the equivalent
thereof in the employ of the municipality as of the effective date
of the Special Law Enforcement Act.
Class One/Two — Officers shall be required to complete
75% of the assigned patrol and 100% of the volunteer time scheduled
for each Officer for the year in order to qualify to receive their
yearly clothing allowance. Failure to obtain the required percentage
will result in forfeiture of that Officer's clothing allowance for
that year.
[Added 7-17-2018 by Ord.
No. 18-8]
The Borough hereby authorizes the establishment of Special Law
Enforcement Officers Class III ("SLEO III") within the Fairview Police
Department ("Police Department"), to assist the Police Department
in the performance of its duties and responsibilities subject to the
eligibility criteria and limitations set forth in the Special Law
Enforcement Officers Act, N.J.S.A. 40A:14-146.10 et seq.
a.
Qualifications. The requirements for the position of SLEO III include,
but are not limited to, the following:
1.
Applicant must not have been separated from prior service as a full-time
officer in any municipality or county of the State of New Jersey,
or a member of the New Jersey State Police for more than three years.
2.
Applicant must be a resident of the State of New Jersey during his/her
term of appointment.
3.
Applicant must be a retired officer in any municipality or county
of the State of New Jersey, or a member of the New Jersey State Police.
4.
Applicant must have left the agency in good standing (it is necessary
to have a good standing letter from the agency retired from and copy
to be submitted to the Police Training Commission).
5.
Applicant must be less than 65 years of age for appointment.
6.
Applicant must be able to read, write and speak the English language
well and intelligently, and must have a high school diploma or its
equivalent.
7.
Applicant must be of sound body and of good health.
8.
Applicant must be of good moral character.
c.
Terms, revocation of appointments, supervisions, training, conduct,
authority.
1.
No SLEO III shall be appointed to any term exceeding one year.
2.
No SLEO III, by virtue of his/her appointment as such, shall be or
become a regular member of the Police Department.
3.
SLEO IIIs are considered at-will, part-time employees and can be
terminated for cause after an adequate hearing, unless the appointment
is for four months or less, in which event the appointment may be
revoked without cause or hearing (N.J.S.A. 40A:14-146.14).
4.
All SLEO IIIs, while on duty, shall abide by all the rules and regulations
of the Police Department and those policies, general orders or standard
operating procedures established by the Fairview Chief of Police and
reinforced throughout the chain of command.
5.
The Police Department is authorized to perform the necessary background
investigations and arrange for all that is associated with the hiring
of such SLEO IIIs, so that they will be ready to commence their duties.
6.
Upon appointment, all SLEO IIIs must:
(a)
Complete SRO training within 12 months of being appointed.
(b)
Conform to Attorney General's mandatory in-service training
requirements.
(c)
Be a uniformed officer, displaying the Special Law Enforcement
Officer Class III patch, provided by the Police Training Commission.
(d)
Complete agency training.
7.
SLEO III shall be limited to six officers.
d.
Powers and authorities. An SLEO III is authorized to exercise full
powers and duties similar to those of a permanent, regularly appointed,
full-time police officer only while providing security at a public
or nonpublic school, on the school premises, during hours when the
public or nonpublic school is normally in session or when it is occupied
by public or nonpublic school students, teachers, or staff.
e.
Cost. Compensation of an SLEO III, at the rate of $25 per hour, plus
administrative costs, shall be advanced through the Borough's budget,
to be shared equally with the Fairview Board of Education, pursuant
to the terms of an agreement to be entered into by the Borough and
the Borough Board of Education on an annual basis.
[1974 Code § 2-22.3; Ord. No. 74-12 § 3]
The Uniformed Special Police shall have the power to adopt bylaws
and rules and regulations for its government not inconsistent with
the provisions of this section or supplements thereto or any laws
of the State of New Jersey or of the United States but no such bylaws
or rules or regulations shall go into effect until approved by the
Borough Council.
[1974 Code § 2-22.5; Ord. No. 74-12 § 5]
All members of the Special Police whose names are reported to
the Police Committee Chairman at the end of each year by the Captain
of the Special Police and upon qualifying and consistent with all
statutes and regulations governing qualifications and appointments
of Uniformed Special Police Officers and upon approval of the Borough
Council shall be appointed Special Police Officers.
[1974 Code § 2-22.6; Ord. No. 74-12 § 6]
The Uniformed Special Police shall be given first preference
for any special Police work to be performed; the men to be assigned
to private enterprise and to the Police Department by the Special
Police, considering the fact that the Uniformed Special Police are
and will be a trained group, who are and do work in close liaison
with the regular Police Department, and who do give freely of their
volunteer time to the Borough.
[1974 Code § 2-22.7; Ord. No. 74-12 § 7]
The officers and members of the Uniformed Special Police, when
on Police duty, shall be subject to the rules and regulations of the
Fairview Police Department, under the command of the Chief of Police,
and Officers of the regular Police Department, in liaison with the
command of the Fairview Uniformed Special Police.
[1974 Code § 2-22.8; Ord. No. 94-21]
If a business enterprise in the Borough of Fairview requests
that a member or members of the Special Police perform public safety
functions for that private entity and a written request is made to
the Chief of Police to that effect, the Chief of Police may assign
a member or members of the Special Police subject to the following
special conditions:
a.
That the Chief of Police or other chief law enforcement officer supervises
the performance of the public safety functions of the Special Police
so assigned.
b.
That the private entity shall reimburse the Borough at the rate specified
per hour for each hour or part of an hour that the Special Police
Officer is assigned to perform the public safety function.
Class I Officers: $10 per hour.
Class II Officers: $12.50 per hour.
[1974 Code § 2-22.9; Ord. No. 97-3]
The officers and members of the Uniformed Special Police shall
be under the command of the Chief of Police or his designee. The Chief
of Police shall be responsible for the scheduling, deployment and
supervision of all officers and members of the Uniformed Special Police.
[Ord. No. 09-30 § 1]
a.
The position of School Traffic Crossing Guard is deemed necessary
to preserve the peace and safety of the Borough, and the Police Department
of the Borough is hereby supplemented by the establishment of school
traffic guards pursuant to the statutes in such case made and provided.
The Mayor, with the advice and consent of the Council, may from time
to time appoint as School Traffic Crossing Guards for a term not exceeding
one year such persons as he/she shall deem to be qualified for such
positions, and the Mayor and Council may revoke such appointments
without cause or hearing. The persons so appointed as School Traffic
Crossing Guards shall not be members of the Police Force, and their
powers, rights and duties shall immediately cease at the expiration
of the term for which they were appointed, or upon revocation of their
appointment.
b.
Before any such appointment is made under this section, the Chief
of Police of the Borough shall ascertain whether the appointee is
eligible and qualified, and a report thereon shall be made by the
Chief of Police to both the Mayor and the Borough Council.
[Ord. No. 09-30 § 2]
No person shall be appointed as a School Traffic Crossing Guard
unless the person is a citizen of the United States, able to read,
write and speak the English language, physically qualified and of
good moral character, and shall not have been convicted of any crime.
No such School Traffic Crossing Guard shall carry a revolver or any
other weapon at any time without a special permit from the Chief of
Police. Every such School Traffic Crossing Guard shall be fingerprinted,
and the fingerprints shall be filed with the Division of State Police
and the Federal Bureau of Investigation.
[Ord. No. 09-30 § 3]
Prior to appointment a physician or physicians approved by the
Borough shall carefully examine the educational, mental, moral and
physical fitness of any person applying for appointment as a School
Traffic Crossing Guard. The certificate, signed by the Police Physician,
may be considered and taken by the Mayor and Council as sufficient
evidence of the applicant's educational, mental, moral and physical
fitness.
[Ord. No. 09-30 § 4]
Unless otherwise assigned by the Mayor and Council, the School
Traffic Crossing Guards appointed under this section shall be limited
in their powers and duties to the protection of children while on
public thoroughfares in the Borough in connection with their attendance
at the several schools in the Borough and to the direction and regulation
of pedestrians and vehicular traffic at the various streets, intersections
and crossings where they may be situated.
[Ord. No. 09-30 § 5]
All School Traffic Crossing Guards shall be under the supervision
and direction of the Chief of Police of the Borough. Every such officer
shall perform the officer's duties only in the Borough except when
the officer may be in "fresh pursuit" of any person pursuant to the
provisions of Chapter 156 of Title 2A of the New Jersey Statutes.
[Ord. No. 09-30 § 6]
Every School Traffic Crossing Guard shall comply with the regular
rules and regulations promulgated by the Mayor and Council of the
Borough for the conduct and decorum for the regular members of the
Police Department.
[Ord. No. 09-30 § 7]
Compensation for School Traffic Crossing Guards shall be as
set forth in the Annual Salary Ordinance.
[Ord. No. 09-30 § 8]
School Traffic Crossing Guards are part-time hourly, seasonal
employees and are not eligible for health benefits.
[Ord. No. 09-30 § 9]
School Traffic Crossing Guards are not entitled to vacation
and/or personal days; nor are School Traffic Crossing Guards to receive
paid holidays.
[Ord. No. 09-30 § 10]
Each permanent School Traffic Crossing Guard who works a minimum
of 18 hours per week during the school year shall be entitled to four
sick days which shall not accumulate.
[1974 Code § 2-14.1; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § I; Ord. No. 00-11 § 1]
a.
Establishment. The Fairview Volunteer Fire Department of the Borough
of Fairview is hereby created and established coextensive with the
territorial jurisdiction of the Borough and shall consist of three
engine companies, one hook and ladder company, rescue truck and Chiefs'
vehicles.
b.
Title. The companies shall be known as Tiger Hose Company #1, Grandview
Company #1, Hose Company #3, Hook and Ladder Company #2 of the Fairview
Volunteer Fire Department of the Borough of Fairview and the rescue
truck and support vehicle shall be known and designated as Fairview
Volunteer Fire Department equipment. The rescue truck shall be housed
at Grandview Company #1. The support vehicle shall be housed at Tiger
Hose Company #1. The Chiefs' vehicles shall be known and designated
as the Fairview Chiefs' Vehicles of the Fairview Volunteer Fire Department
of the Borough of Fairview.
[1974 Code § 2-14.2; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § II; Ord. No. 05-01; Ord. No.
07-10; Ord. No. 08-25; Ord. No. 12-13; Ord. No. 12-15; Ord. No. 12-21]
a.
The Fairview Volunteer Fire Department shall be organized and officered
as follows: one Chief of the Department and three Battalion Chiefs.
Each company shall have one Captain and one Lieutenant and shall be
limited to 25 regular Firefighters.
1.
The Fairview Volunteer Fire Department shall also have a Chief of
the Fire Prevention Bureau who is appointed annually by the Mayor
and Council and shall be under their direct supervision. The Fire
Prevention Chief's duties are to execute all the provisions of the
fire prevention code mentioned under and adopted by the Borough of
Fairview.
2.
Aid is to be paid to the regular Firefighters of the Fairview Volunteer
Fire Department who have performed their duties as an active Firefighter
of a volunteer company of the Borough, at such rate as the Mayor and
Council may, by resolution, ordinance or budget, direct, adopt and
provide therefor; provided, however, that such aid shall be made and
paid not later than December 15 of each and every year.
3.
Any active regular firefighter or auxiliary member of the Fairview
Volunteer Fire Department who shall have attained the age of 80 years
shall cease to become an active regular firefighter or auxiliary member
of the Fairview Volunteer Fire Department as of December 31 of that
year. Any member 70 years of age or older must have an annual medical
physical completed by the Borough doctor each year they are a member.
Any member 75 years of age or older should not operate a fire truck.
[Amended 5-21-2019 by Ord. No. 19-9]
4.
Aid is to be paid to the volunteer members of the Department who have retired under § 2-35.2a3, after 25 years of active duty with the Department. Aid is to be paid to them at the rate of $500 annually or as the Mayor and Council may, by resolution, ordinance or budget, direct, adopt and provide therefor; provided, however, that such aid shall be made and paid not later than December 15 of each and every year.
[Amended 5-21-2019 by Ord. No. 19-9]
5.
The aid paid under Subsection a4 herein, shall be in lieu of any
clothing allowance provided for herein.
6.
Any regular Firefighter of the Fairview Volunteer Fire Department of the Borough with 25 years of service, who was an active regular Firefighter as of January 1, 1972, and retires prior to the age of 65, shall be eligible for these aid benefits described in Subsection 2-35.2a4, upon attaining the age of 65, on application made to the company of which he was a former Firefighter and one year prior to reaching age 65. Each company shall notify the Chief as such.
7.
Upon the adoption of this section, should any active auxiliary members
exist, they shall remain in that status until they are accepted as
regular Firefighters of the Fairview Fire Department.
b.
Eligibility.
[Amended 5-17-2022 by Ord. No. 22-03; 6-21-2022 by Ord. No. 22-05]
2.
Complete a minimum of three years of documented experience in the
Fairview Fire Department. (This means three years as a firefighter
and does not include time spent in an Explorer or Junior Firefighter
Program.)
3.
Exemptions. A candidate who has served at or above the rank of Lieutenant
in the Fairview Fire Department for a period of one year prior to
January 1, 2005 will be exempt from the minimum years of service and
training classes sections of this requirement.
[1974 Code § 2-14.3; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § III; Ord. No. 95-2; Ord. No.
95-17; Ord. No. 08-35]
a.
Powers. Each company shall have the power to adopt bylaws, rules
and regulations for its government not inconsistent with the provisions
of any Borough ordinance, amendments or supplements thereto. Each
company shall have the power to choose their own officers by ballot,
cast by regular Firefighters of that company. Any elected company
line officer must be a regular Firefighter in good standing. No person
shall be appointed as a regular Firefighter of the Fairview Volunteer
Fire Department or Force unless he shall possess the following qualifications
that comply with New Jersey State Statutes.
b.
Membership; Regular Firefighter.
1.
Be at least 18 years of age.
2.
Shall not have been convicted of any crime of the fourth degree or
greater.
3.
Be in good health and sound physical condition based on a certified
physician's statement and be able to perform the duties of a Firefighter.
4.
Must live within three miles of the borders of the Borough and be
a resident of the State of New Jersey.
5.
Notwithstanding the aforestated, a member who fulfills the following
criteria may be able to retain their position if they reside outside
the three miles:
(a)
Must live in Bergen or Hudson County.
(b)
The person may only belong to the Fairview Fire Department;
they may not be members of any other volunteer Fire Department of
any other town within the three miles of Bergen and Hudson Counties.
(c)
A person who joined the Fairview Fire Department and resided
in Fairview for five years or greater and has then moved out of the
Borough of Fairview will not be considered a nonresident. New members
who join from other municipalities must live within three miles of
the Borough of Fairview in Bergen or Hudson Counties, and will be
considered nonresidents.
[Amended 5-7-2018 by Ord.
No. 18-1]
(d)
If a person has been a member of the Fairview Fire Department
for five years or greater, they will be allowed to reside anywhere
in Bergen and Hudson Counties and will not be considered a nonresident;
a member who joined the Fairview Fire Department while residing outside
of the Borough shall be considered a nonresident.
[Amended 5-7-2018 by Ord.
No. 18-1]
(e)
The person must be a certified member in good standings by their
respective fire company of the Fairview Fire Department.
[Added 5-7-2018 by Ord.
No. 18-1]
6.
Companies shall only be allowed eight nonresident members.
[Amended 5-7-2018 by Ord.
No. 18-1]
[1974 Code § 2-14.4; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § 4; Ord. No. 00-11 § 2]
a.
A new regular Firefighter will be required to obtain a certificate
as evidence of satisfactory completion of the Firefighter one training
course or equivalent as required by the Police and Fire Academy of
Bergen County. The Captain or Lieutenant of the respective company
will submit the new regular Firefighter's name to the Department training
officer for registration to the academy. Upon his acceptance to the
academy, the new regular Firefighter must successfully complete the
above course or equivalent within two years of the date of his registration.
Training in the use of appliances maintained within the rescue truck
will be conducted at least once a year upon request from any company
officer.
b.
Any Firefighter promoted, assigned or assuming a position in which
the duties require the management of an emergency operation requires
the Firefighter to possess an incident Management Level 1 certification.
To be eligible for a Level 1 certification, a Firefighter must
meet the following criteria:
1.
Shall have been a member of a Fire Department for at least three
years prior to application.
2.
Shall possess a NJ Firefighter 1 certification per N.J.A.C. 5:73-4.2.
3.
Shall have satisfactorily completed the 12 hours of I-200 Basic Incident
Command System modules of the National Training Curriculum. (A course
considered being an equivalent might substitute upon approval of the
NJ Division of Fire Safety.)
Completion of an IMS-200 training course or its equivalent alone
does not place a Firefighter in compliance, the Firefighter must be
certified with the State.
[1974 Code § 2-14.5; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § V]
Upon the acceptance of an individual as a regular Firefighter
by the companies of this Department as herein provided, the secretary
of each company shall present the completed application provided by
the secretary of relief, to the secretary of relief for processing
who will present the completed application to the Mayor and Council
at their first meeting thereafter. The names of such regular Firefighters
so appointed shall be entered into a book to be kept for that purpose,
and to be known as "Register of the Fairview Volunteer Fire Department
of the Borough of Fairview." The book shall contain the name of the
regular Firefighter, age, date of admission and the name of the street
whereon the regular Firefighter resides. A certificate shall be issued
to the regular Firefighter, signed by the Mayor and attested by the
Borough Clerk, that the person herein named is a duly qualified regular
Firefighter of the company named of the Fairview Volunteer Fire Department
of the Borough.
[1974 Code § 2-14.6; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 §§ VI, VI.1; Ord. No. 07-10]
a.
Nominations. Nominations for Chief and Battalion Chief shall be held
at each respective company's October regular meeting.
b.
Qualifications.
1.
To qualify for Battalion Chief, you must have served one full year
at the rank of Lieutenant and one full year at the rank of Captain.
2.
To qualify for Chief, you must have served for two years as Battalion
Chief or previously served as the Department Chief. This does not
include Fire Prevention Chief.
3.
The Department Chief position will rotate yearly based on the following
rotation: Hook & Ladder, Tiger Hose, Grandview and Hose Company
#3. In order to qualify, the regular Firefighter must be nominated
by one Firefighter from that respective company at their regular October
meeting.
4.
The Mayor and Council and each company shall be notified in writing
of individuals from the respective companies nominating the Chief,
and three Battalion Chiefs.
[1974 Code § 2-14.7; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § VII; Ord. No. 07-10]
a.
The Chief and Battalion Chiefs of the Department shall be elected
by members of their respective companies yearly and shall hold their
office for one year prior until their successor is elected. If a company
does not elect a Chief, the Executive Committee will elect a Chief
from the eligible membership of the Department. Auxiliary members
shall not have the power to vote. All officers of the Department shall
receive a commission signed by the Mayor and attested by the Borough
Clerk.
b.
If a vacancy should occur in the office of Chief or Battalion Chief,
the respective company to which that office of Chief belonged shall
decide whether or not to replace that position for the unexpired term
of that office. The open position can only be filled from within the
company from which it was vacated. This company decision shall be
made within 30 days. If the vacancy is to be filled, the replacement's
name should be submitted to the ranking Chief and to the Mayor and
governing body for processing and administering of the oath of office.
If the vacancy is not to be filled, the company shall notify the ranking
Chief and the Executive Committee will elect the position from the
eligible membership of the Department.
1.
Upon the filling of any vacancy, the ranking Chief shall notify the
Mayor and governing body for processing and administering of the oath
of office.
[1974 Code § 2-14.8; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § VIII; Ord. No. 07-10]
The Chief of the Fairview Volunteer Fire Department shall at
all times have sole and absolute command of the officers, regular
Firefighters and auxiliary members, and all fire equipment for their
discipline and its efficiency, that it shall be the duty of the Battalion
Chiefs to render such services and perform such duties as the Chief
may at any time require and in the absence of the Chief, assume his
obligations, exercise his powers and perform his duties.
[1974 Code § 2-14.9; Ord. No. 76-13; Ord. No. 79-26; Ord. No. 83-35 § IX; Ord. No. 07-10]
a.
Chain of Command at Alarms. The Chief is in charge at all times;
if the Chief is not present, Battalion Chief next in line to Chief
known as FV-8 shall be in charge. If FV-8 is not present, the next
Battalion Chief known as FV-7 shall be in charge, if FV-7 is not present,
the next Battalion Chief known as FV-6 shall be in charge. If FV-6
is not present, the senior officer starting with the Captains and
then to the Lieutenants shall be in charge. If none of the above officers
are on the scene of the alarm, the senior regular Firefighter of Department
is in charge until the arrival of any officer.
[1974 Code § 2-14.10; Ord. No.
76-13; Ord. No. 79-26; Ord. No. 83-35 § X]
In cases of misconduct unbecoming a regular Firefighter or auxiliary
member of the Fairview Volunteer Fire Department the company officer
or the senior regular Firefighter can relieve the regular Firefighter
or auxiliary member of company duty and immediately request the Chief
or appointed authority to relieve the regular Firefighter or auxiliary
member from Department duties until a full hearing can be held by
a majority of line officers from each company and chiefs of the Department.
The hearing board shall meet within one week. The decision of the
hearing board can be appealed to the Mayor and Council within 10 days
of the decision being rendered.
In cases of misconduct unbecoming a line officer the Chief of
the Department or appointed authority should be notified immediately.
It shall be at the Chief's discretion to relieve the line officer
of duty. If the line officer is relieved of duty, the requirements
for a hearing outlined above shall prevail.
[1974 Code § 2-14.11; Ord. No.
76-13; Ord. No. 79-26; Ord. No. 83-35 § XI]
Apparatus and appliances which is used in the Department for
the extinguishment of fires, for the protection of property exposed
to fire and for general welfare and safety shall be owned by the Borough
of Fairview. The Mayor and Council may, by resolution, annually appropriate
a reasonable sum of money for the use, care and maintenance of such
apparatus and appliances. Apparatus is to be operated by a qualified
regular Firefighter only. Appliances are to be operated by a qualified
regular Firefighter or auxiliary member only.
[1]
Editor's Note: Former Subsection 2-35.12, Fire Department
Elections, previously codified herein and containing portions of 1974
Code § 2-14.12 and Ordinance Nos. 76-13, 79-26 and 83-35,
was repealed in its entirety by Ordinance No. 07-10.
[1974 Code § 2-14.13; Ord. No.
76-13; Ord. No. 79-26; Ord. No. 83-35 § XIII]
a.
Prologue. The legislature of the State of New Jersey by virtue of
N.J.S.A. 43:12-28.1; 43:12-28.2 and 43:12-28.3, as amended, has given
municipalities the option and authority to provide a pension to the
widow or minor children of a volunteer Firefighter who has died or
shall have died as the result of injuries sustained in the course
of performance of duty as a member of the Volunteer Fire Department;
fix a maximum amount with limitations; and provide for the manner
of payment of the pension.
The Borough has been, and is presently being served by volunteer
fire companies and volunteer Firefighters in the form of a Fire Department
known and referred to as a Volunteer Fire Department.
The Borough Council, the governing body of this municipality,
desires to provide for the payment of a pension to the widow or minor
children or volunteer Firefighters who have died or shall have died
as the result of injuries sustained in the performance of duty as
a member of the Volunteer Fire Department of the Borough.
b.
Pension Established. A pension, not to exceed the sum of $3,600 annually,
shall be paid to the widow of any volunteer Firefighter who has died
or shall have died as the result of injuries sustained in the course
of performance of duty as a member of the Volunteer Fire Department
of the Borough, as long as she shall not remarry; or to the minor
child or children of such Firefighters if he leaves no widow surviving
him; or to the minor child or children after the death of such widow,
and until such minor child or children shall attain his or their majority.
c.
Qualifications. The pension shall become effective only if and when
such Firefighter has died or shall have died as the result of injuries
sustained in the course of performance of duty as a volunteer Firefighter
of the Volunteer Fire Department, and upon the passage of a resolution
providing for the payment of such pension by the governing body.
d.
Provision for Payment. Upon the occurrence of such event and after
the passage of such resolution, the Borough Council shall make provision
for the payment of such pension in its annual budget. The initial
payment of such pension shall be made after and as of January 1, of
the year following the occurrence of such event and the passage of
the required resolution therefor. Payment of the pension shall be
made in equal monthly payments in conjunction with the Borough monthly
payroll.
[1974 Code § 2-14.14; Ord. No.
79-23; Ord. No. 79-27; Ord. No. 83-35 § XIV]
a.
The Borough shall provide the sum of $10,000 as the result of the
death of any active Firefighter regardless of the fact whether or
not the death occurred while in the line of duty. Each and every Firefighter
should contact the Borough Clerk and fill out the beneficiary applications.
b.
The Borough shall acquire an accident indemnity policy of $50,000
or more together with a loss of life in the line of duty in the amount
of $30,000 or more.
c.
The Borough shall have workmen's compensation coverage for any and
all Firefighters injured in the line of duty.
d.
Concerning liability coverage for Fire Department vehicles, including
nonownership vehicles, the Borough shall have an insurance policy
covering each and every Firefighter for bodily injury liability of
$500,000 per person and $1,000,000 for each occurrence. The Borough
shall have property damage liability coverage of no less than $100,000
for each occurrence. Umbrella liability insurance coverage shall be
provided by the Borough for $1,000,000 over all primary coverage.
e.
The Borough shall have insurance coverage for the multi-peril insurance,
that is, building and contents and general personal liability coverage
(tort liability).
f.
Collision insurance shall be at the discretion of the governing body.
[1974 Code § 2-14.15; Ord. No.
76-13; Ord. No. 83-35 § XIV; Ord. No. 96-23 § 1; New]
a.
In the case of the death of any active or inactive member of the
Fire Department of Fairview who is not entitled to the death benefits
of the New Jersey State Fireman's Association, the widow or other
next-of-kin of such deceased Firefighter shall be entitled to receive
from the Borough such amount as would be equal to the benefits of
the New Jersey Fireman's Association.
b.
This subsection shall include all active volunteer Firefighters as
of March 29, 1969, and those who may become active volunteer Firefighters
after March 29, 1969, who are not or will not be entitled to death
benefits of the New Jersey State Fireman's Association.
c.
All regulations regarding claims under Article 8, General Relief
Fund Rules, New Jersey State Fireman's Association shall be applicable
to eligibility of benefits under this subsection.
d.
Effective July 1, 1996, the schedule for active members with less
than seven years service at the time of death shall be as follows:
|
0 to 1 year
|
$4,500
|
|
1 to 2 years
|
$4,900
|
|
2 to 3 years
|
$5,000
|
|
3 to 4 years
|
$5,100
|
|
4 to 5 years
|
$5,200
|
|
5 to 6 years
|
$5,300
|
|
6 to 7 years
|
$7,000
|
[1974 Code § 2-14.16; Ord. No.
95-13 §§ 1 — 5; Ord. No. 01-9;
Ord. No. 07-10]
a.
Allowance.
Any member of the Fairview Volunteer Fire Department who shall respond
to 35% or higher of all firematic functions for which the fire company
to which he/she is responsible to attend during each month of the
quarter, or 35% of the firematic functions for the entire quarter
in lieu of a clothing allowance as follows:
[Amended 9-15-2015 by Ord. No. 15-14]
|
For the date October 1, 2015 to December 31, 2015:
|
|
35% to 44% shall receive a quarterly stipend of $600
|
|
45% to 54% shall receive a quarterly stipend of $800
|
|
55% or higher shall receive a quarterly stipend of $1,000
|
|
For the date January 1, 2016 to December 31, 2016:
|
|
35% to 44% shall receive a quarterly stipend of $650
|
|
45% to 54% shall receive a quarterly stipend of $850
|
|
55% or higher shall receive a quarterly stipend of $1,050
|
|
For the date January 1, 2017 to December 31, 2017:
|
|
35% to 44% shall receive a quarterly stipend of $700
|
|
45% to 54% shall receive a quarterly stipend of $900
|
|
55% or higher shall receive a quarterly stipend of $1,100
|
|
The accumulated monies for each of the three months in each
quarter shall be paid to the member at the first pay period for
the following month. For example, January 1, 2015, to March 1,
2015, payable on April 1, 2015; April 1, 2015 to June 1, 2015 payable
on July 1, 2015, etc.
|
b.
Construal of Payments. The payments set forth in Subsection a above shall constitute reimbursement for various expenses which may be incurred by the members of the Fire Department in the faithful performance of their duties and shall not be considered as salary, nor shall such payments be considered to in any way construe the creating of a paid or partially paid Fire Department within the Borough of Fairview.
c.
Verification of Attendance. The Chief of the Volunteer Fire Department
shall institute a verification procedure for the verification of attendance
which shall be approved annually by the governing body. Such procedure
shall include but shall not be limited to a requirement that each
Firefighter personally sign a roster at the completion of and after
such firematic function indicating his or her attendance at such function,
with such signatures to be witnessed by the officer in charge of the
respective fire company; each member of the Volunteer Fire Department
shall maintain on file a specimen of his/her signature; and the forms
utilized in recording the attendance for each function shall be subject
to the random and periodic audit under the direction of the Fire Chief.
These verification procedures will affect all members of the Volunteer
Fire Department including any Chief's position.
d.
Execution of Waivers. No member of the Volunteer Fire Department
shall be entitled to any payment hereunder until he/she shall first
have executed a waiver to be prepared under the direction of the office
of the Borough Clerk, waiving any and all claim to pension, civil
service or employment status of any kind whatsoever as a result of
receiving payment under the provisions of this subsection.
e.
Biannual Report by Chief. The Chief of the Fairview Volunteer Fire
Department shall biannually report the effect of such payments on
the membership and attendance and such other information as may be
directed by the Mayor and Council regarding the operation of the program
on the volunteer firefighting force and the Volunteer Fire Department.
[Ord. No. 01-19 §§ 14-16
– 14-21]
a.
Creation of Department. There is hereby created a Fairview Volunteer
Fire Department Junior Firefighters Auxiliary (hereinafter "J.F.A.")
within the Volunteer Fire Department.
b.
ADVISORS
CHIEF
COMPANY
DEPARTMENT
J.F.A.
Definitions. As used in this section:
Shall mean qualified members who are appointed by the Chief
to oversee the J.F.A.
Shall mean the Chief of the Fairview Fire Department.
Shall mean Tiger Hose Company #1, Grandview Company #1, Hose
Company #3 or Hook & Ladder Company #2.
Shall mean the Fairview Volunteer Fire Department.
Shall mean the Fairview Volunteer Fire Department Junior
Auxiliary.
c.
Membership; Residency. There shall be a maximum of 24 members in
the J.F.A. for a maximum membership of six members per Company. Application
for membership shall be on a form as approved by the Chief of the
Department. An individual seeking membership in the J.F.A. shall reside
within the Borough of Fairview for a minimum of six months prior to
the date of application for membership. Application for membership
shall be made to the Company the individual wishes to join. An applicant
shall be required to be at least 15 1/2 years of age and less
than 18 years of age. The application shall be accompanied by a statement
from the applicant's parents or guardian consenting to the applicant's
membership in the J.F.A. A member of the J.F.A. may continue membership
for a period of six months after such member's 18th birthday. Any
member of the J.F.A. no longer residing within the Borough of Fairview
shall be required to resign and if such resignation is not received
within 30 days, such member shall automatically cease to be a member
of the J.F.A.
d.
By-Laws. The members of the J.F.A. shall be governed by the Bylaws
which are subject to the approval of the Mayor and Council. The Fairview
Volunteer Fire Department shall prepare such Bylaws.
e.
Clothing Allowance. Members of the J.F.A. shall be entitled to receive
a clothing allowance provided the member complies with the requisite
percentage requirement established by the Bylaws which is consistent
with the practice applicable to the Volunteer Fire Department. The
amount of the clothing allowance shall be further subject to the approval
of the Mayor and Council.
f.
Restriction on Activities. No member of the J.F.A. shall perform
duties which would expose such member to danger and hazards experienced
by regular firefighters. No member of the J.F.A. shall enter a fire
or hazardous area until the Incident Commander declares such site
or incident under control and safe.
[Ord. No. 02-20]
Fairview is a member of the East Bergen Mutual Aid System which
currently consists of the following municipalities: Cliffside Park,
Englewood Cliffs, Fairview, Fort Lee, Leonia, Palisades Park, Ridgefield,
Tenafly, Edgewater and Englewood and may change from time to time.
[Ord. No. 02-20]
Whenever, in the opinion of the Chief or ranking officer of
the Fairview Fire Department, equipment and manpower are available
to assist any municipality which is a member of the East Bergen Mutual
Aid Association, such equipment and manpower may be dispatched to
said municipality when requested by it.
[Ord. No. 02-20]
Whenever, in the opinion of the Chief or ranking officer of
the Fairview Fire Department, equipment and manpower in addition to
that of the Borough of Fairview are needed to control any fire or
conflagration within the Borough, the Chief or ranking officer may
request assistance from the East Bergen Mutual Aid Association, in
the manner prescribed by the rules governing the operation of said
association.
[Ord. No. 02-20]
The Mayor and Council shall by resolution make rules and regulations
governing the participation of the Fairview Fire Department in said
East Bergen Mutual Aid System, and may also by resolution authorize
the execution of such agreements, the performance of such other acts
and the expenditure of such funds as may be required to effectuate
the purposes of this article.
[Ord. No. 11-17]
a.
A Fire Watch is defined as a Borough ordered temporary measure intended
to insure continuous and systematic surveillance of and response to
the Borough or a portion thereof, or a building or portion thereof,
by one or more qualified individuals, for the purpose of identifying
and controlling fire and other life/property hazards, detecting early
signs of an unwanted fire, raising an alarm of fire to the occupants,
notifying the Fire Department and engaging in firefighting or other
emergency response.
b.
Fire Watch may be ordered by the Fire Official with the preapproval
of the Borough Administrator or his/her designee except that in an
emergency the Fire Official, or in his/her absence the ranking Fire
Department officer present, may act on his/her own. A Fire Watch may
be posted in any portion of the Borough, and also in public and privately
owned buildings and/or properties. As the Borough may direct, a Fire
Watch shall be paid for by the Borough, or by a building owner, tenant,
lessee, or organization under the following circumstances: required
fire protection systems are out of service; a Fire Watch is directed
by the Borough or is requested by the building owner, tenant, or lessee;
public and private events where 100 people or more are in attendance;
events where with the approval of the Fire Official or his assigned
designee, the posted occupancy load is exceeded; all other situations
deemed necessary by the Fire Official or his assigned designee.
c.
A Fire Watch may include firefighting, rescue, recovery and other
emergency responses, the maintaining of posted fire lanes, means of
egress, posted occupancy loads, enforcement of no smoking in posted
areas, area and building surveillance, checking for proper permits,
inspecting for proper safety precautions of cooking equipment and
such other functions as required by the Fire Official or his assigned
designee.
d.
Fire Watches shall generally be performed by active members of the
Borough of Fairview Bureau of Fire Safety and or the Fairview Fire
Department. In the event none of the above described individuals are
available, other qualified individuals may be utilized at the discretion
of the Fire Official or his/her assigned designee with the preapproval
of the Borough Administrator. Any qualified individuals used for the
purposes of a Fire Watch shall report directly to the Fire Official
or his/her assigned designee, who will, in turn, report to and be
subject to the direction of the Borough Administrator. Persons appointed
to act on a Fire Watch shall be deemed occasional, hourly, at will,
employees of the Borough, subject to all Borough ordinances, rules
and regulations.
e.
All Fire Watch services incurred and paid on behalf of the Borough
of Fairview directly shall be at the rate of $17 per hour per person.
All Fire Watch services ordered for the benefit/protection of private
property shall be paid at the rate of $40 per hour, per person and
there shall be a minimum payment of four hours per worker plus a 15%
administration fee applied for the individual and the vehicle used.
Additionally, there will be a $10 per hour fee for the use of a regular
Borough motor vehicle and a $25 per hour fee for the use of each Borough
fire apparatus. All payments shall be made within 10 days after service
is provided. Payments shall be made payable to the Borough of Fairview,
except that Borough incurred payments shall be made to individual
Fire Watchers directly.
[1974 Code § 2-22A.1; Ord. No.
88-33 § 1]
The Emergency Response Unit of the Fairview Uniformed Special
Police is hereby created and established coextensive within the territorial
jurisdiction of the Borough.
[1974 Code § 2-22A.2; Ord. No.
88-33 § 2]
The Emergency Response Unit shall be organized in the same manner
and consistent with the organization of the Fairview Uniformed Special
Police. The Chief/Commanding Officer of the Unit shall be directly
responsible to the Mayor and Council through the Chief of Police.
[1974 Code § 2-22A.3; Ord. No.
88-33 § 3; Ord. No. 91-13]
Any person between the ages of 18 and 70 may be a candidate
for membership. Any member who attains the age of 70 shall cease to
be an active member as of December 31st of that year, and may remain
as inactive/retired member in accordance with the rules, regulations
and By laws governing the unit.
[1974 Code § 2-22A.4; Ord. No.
88-33 § 4; Ord. No. 07-19 § 1]
Membership in the Emergency Response Unit shall be voluntary
and shall consist of the following:
a.
Members of the Fairview Uniformed Special Police who volunteer their
services and join the Unit.
b.
Members who volunteer their services as members of the Unit but do
not choose to qualify as Special Police Officers.
c.
EMT.
1.
Be at least 18 years of age.
2.
Shall not have been convicted of any crime of the fourth degree or
greater.
3.
Be in good health and sound physical condition based on a certified
physician's statement and be able to perform the duties of an EMT.
4.
Reside in the Borough of Fairview for a period of not less than six
months.
5.
Notwithstanding the aforesaid, a member who fulfills the following
criteria may be able to retain their position or become a volunteer
EMT for the Borough of Fairview. If they reside outside of the municipality,
subject to satisfying the following criteria.
(a)
The person must live in either the Boroughs of Cliffside Park,
Edgewater, Ridgefield or Ridgefield Park.
(b)
The person may only belong to the Fairview EMT; they may not
be an EMT of either Cliffside Park, Edgewater, Ridgefield or Ridgefield
Park.
(c)
The person must be certified a member in good standing by their
respective EMT's of the Fairview EMT Department.
6.
An EMT member will be required to be certified within 12 months of
acceptance.
7.
This subsection shall be retroactive to January 1, 2007.
Under no circumstances shall membership in one of the above
categories imply or infer membership in the other category.
[1974 Code § 2-22A.5; Ord. No.
88-33 § 5]
All applicable rules and regulations of the Fairview Uniformed
Special Police shall apply to members of the Emergency Response Unit.
In addition, separate rules, regulations and bylaws may be adopted
as required.
[1974 Code § 2-22A.6; Ord. No.
88-33 § 6]
The members of the Emergency Response Unit shall be appointed
annually by the Mayor and Council at the reorganization meeting of
the Mayor and Council. The Mayor and Council shall appoint one Councilman
to act as liaison between the Emergency Response Unit and the Mayor
and Council.
[1974 Code § 2-22A.7; Ord. No.
88-33 § 7]
The Chief/Commanding Officer of the Fairview Uniformed Special
Police shall be responsible for the submission and administration
of the budget for both the Fairview Uniformed Special Police and the
Emergency Response Unit and will ensure the proper separation of funds
as approved by the Mayor and Council. The Chief/Commanding Officer
will sign all vouchers and ensure that proper procedures are followed
as determined by the Mayor and Council.
[1974 Code § 2-22A.8; Ord. No.
88-33 § 8]
Any and all contributions made by the public to the Emergency
Response Unit shall be maintained by the Chief/Commanding Officer
in a separate account for the exclusive use of the Unit. These funds
will not be commingled with the funds of the Fairview Uniformed Special
Police and will be used exclusively for the benefit of the Emergency
Response Unit.
[1974 Code § 2-22A.9; Ord. No.
88-33 § 9]
All officers and members of the Emergency Response Unit responsible
for maintaining any bank accounts or handling any funds of the Emergency
Response Unit shall be bonded in an amount designated by the Mayor
and Council.
[1974 Code § 2-22A.10; Ord. No.
88-33 § 10]
Any member found guilty of misconduct in accordance with any
and all rules and regulations governing the Unit shall have the right
to file an appeal to the Mayor and Council within 10 days of an adverse
decision.
[1974 Code § 2-22A.11; Ord. No.
95-15 §§ 1 — 6; Ord. No. 97-5]
a.
Allowance.
[Amended 11-4-2019 by Ord. No. 19-20]
1.
The following point system will be used to identify the amount that
each member of the Fairview Volunteer Emergency Response Unit will
receive as their quarterly shift-based stipend allowance:
|
Type of Duty
|
Number of Points
|
|---|---|
|
6:00 p.m. to 12:00 midnight or 12:00 midnight to 7:00 a.m.
|
1
|
2.
Determination of Points; Payment Quarterly. Qualifying members will
receive $25 per point and $12 per 1/2 point, which shall be paid quarterly.
b.
Construal of Payments. The payments set forth in Subsection a above shall constitute reimbursement for various expenses which may be incurred by the members of the Emergency Response Unit in the faithful performance of their duties and shall not be considered as salary, nor shall such payments be considered to in any way construe the creating of a paid or partially paid Emergency Response Unit within the Borough of Fairview.
c.
Verification of Attendance. The Chief of the Emergency Response Unit
shall institute a verification procedure for the verification of attendance
which shall be approved annually by the governing body. Such procedure
shall include but shall not be limited to a requirement that each
member personally sign a roster or an approved witnessed absentee
roster at the completion of and after each Emergency Response Unit
function indicating his or her attendance at such function, with such
signatures to be witnessed by the officer in charge of the crew company;
each member of the Emergency Response Unit shall maintain on file
a specimen of his/her signature; and the forms utilized in recording
the attendance for each function shall be subject to the random and
periodic audit under the direction of the Emergency Response Unit
Chief. These verification procedures will affect all members of the
Emergency Response Unit.
d.
Execution of Waivers. No member of the Emergency Response Unit shall
be entitled to any payment hereunder until he/she shall first have
executed a waiver to be prepared under the direction of the office
of the Borough Clerk, waiving any and all claim to pension, Civil
Service or employment status of any kind whatsoever as a result of
receiving payment under the provisions of this subsection.
e.
Biannual Report by Chief. The Chief of the Emergency Response Unit
shall biannually report the effect of such payments on the membership
and attendance and such other information as may be directed by the
Mayor and Council regarding the operation of the program on the volunteer
E.M.T. force and the Emergency Response Unit.
f.
Lifetime Members. Aid is to be paid those Emergency Response Unit
members who have elected to retire from active duty with 80 points.
(Points equal age plus years of service as an active Emergency Response
Unit member.) Aid is to be paid to those members at a fixed rate of
$125 each year.
[Ord. No. 08-28 § 36-1]
a.
Creation. There is hereby created a Fairview Volunteer Emergency
Response Junior Auxiliary (hereinafter "J.E.M.T.") within the Volunteer
Emergency Response Unit.
b.
ADVISORS
CHIEF
DEPARTMENT
J.E.M.T.
Definitions.
Shall mean qualified members who are appointed by the Chief
to oversee the J.E.M.T.
Shall mean the Chief of the Fairview Emergency Response Unit.
Shall mean the Fairview Volunteer Emergency Response Unit.
Shall mean the Fairview Volunteer Emergency Response Junior
Auxiliary.
c.
Membership. In order to qualify to be Junior members an individual
must possess a valid CPR card. An individual has one year to complete
the EMT course and become certified by the State. All State protocol
regarding minors will be strictly adhered to regarding patient contact.
Application for membership shall be on a form approved by the
Chief of the Department. An individual seeking membership in the Youth
Squad must be a New Jersey resident. An applicant shall be required
to be at least 17 years of age and less than 18 years of age. Once
the individual has applied they have to be approved by a majority
of the voting members present at a business meeting. A member must
be capable of performing minimal EMS duties.
The application shall be accompanied by a statement from the
applicant's parents or guardian consenting to the applicant's membership
in the J.E.M.T.
d.
Job Duties and Responsibilities. No member of the J.E.M.T. shall
perform duties which would expose such member to danger and hazards
experienced by regular E.M.T.
Once EMT certification is obtained the junior member (17 years
old) may assist ambulance crews by: retrieving equipment, assisting
in large scale scenes by providing aid to fellow ambulance corps members,
daily rig check, assisting in maintaining the ambulances stocked and
decontaminated and assist in maintaining a clean work environment.
Individuals must attend all general meetings, must attend all in-house
training sessions and will undergo a series of rigorous internal training
sessions in order to prepare the junior member for full membership
upon the completion of his/her 18th birth date.
All rules and regulations of the Youth Squad are subject to
and governed by those of the Senior Squad.
Upon reaching the age of 18, a Youth Squad Member may apply
to the Senior Squad for probationary status. She/he must apply and
follow the same guidelines as set forth under applications for membership
and probationary member.
e.
Reimbursement of Expenses.
1.
Allowance. J.E.M.T. shall be entitled to an allowance in lieu of
a clothing allowance as follows: $25 for every twelve-hour shift and
$12.50 for every six-hour shift that they complete.
2.
Construal Payments. The payments set forth in Subsection e1 above
shall constitute reimbursement for various expenses which may be incurred
by the members of the Emergency Response Unit in the faithful performance
of their duties and shall not be considered as salary, nor shall such
payments be considered to in any way construe the creating of a paid
or partially paid Emergency Response Unit.
3.
Verification of Attendance. The Chief of Emergency Response Unit
shall institute a verification procedure for the verification of attendance
which shall be approved annually by the governing body. Such procedure
shall include but shall not be limited to a requirement that each
member personally sign a roster or an approved witnessed attendance
roster at the completion of and after each Emergency Response Unit
function indicating his or her attendance at such function, with such
signatures to be witnessed by the officer in charge of the crew company;
each member of the J.E.M.T. shall maintain on file a specimen of his/her
signature; and the forms utilized in recording the attendance for
each function shall be subject to the random and periodic audit under
the direction of the Emergency Response Unit Chief. These verification
procedures will affect all members of the Emergency Response Unit.
4.
Execution of Waivers. No member of the J.E.M.T. shall be entitled
to any payment hereunder until he/she shall first have executed a
waiver to be prepared under the direction of the office of the Borough
Clerk, waiving any and all claim to pension, Civil Service or employment
status of any kind whatsoever as a result of receiving payment under
the provisions of this subsection.
[Ord. No. 09-6 Art. I]
a.
FMA Created. The Fairview Municipal Ambulance FMA ("FMA") is hereby
created and established.
b.
AUTHORITY
CHAIN OF COMMAND
DIRECTIVE
(a)
(b)
(c)
EMERGENCY MEDICAL SERVICES
EMPLOYEE MEMBER
MAY/SHOULD
ORDER
PATIENT
POLICY
PROCEDURE
SHALL/WILL
SUPERVISOR
THIRD-PARTY BILLING AGENCY
Definitions. As used in this section,
the following terms shall have the meanings indicated:
Shall mean the right to issue orders, give commands, enforce
obedience, initiate action, and make necessary decisions commensurate
with rank or assignment as provided for in the FMA rules, policies
and procedures. Authority may be delegated by those so designated.
Acts performed without proper authority or authorization shall be
considered to be in violation of the rules of the FMA.
Shall mean vertical lines of communication, authority, and
responsibility within the organizational structure of the FMA.
Shall mean a document detailing the performance of a specific
activity or method or operation. "Directive" includes:
General order shall mean broadly based directive dealing with
policy and procedure and affecting one or more organizational subdivisions.
Personnel order shall mean a directive initiating and announcing
a change in the assignment, rank, or status of personnel.
Special order shall mean a directive dealing with a specific
circumstance or event that is usually self-canceling.
Shall mean any services, including transportation, provided
by the FMA to a potentially or actually ill or injured person in response
to a call for service.
Shall mean a person who performs in the capacity of an emergency
medical responder for the FMA.
Shall mean the action indicated is permitted.
Shall mean any written or oral directive issued by a supervisor
to any subordinate or group of subordinates in the course of duty.
Shall mean any person who receives emergency medical services
from the FMA.
Shall mean a statement of FMA principles that provides the
basis for the development of procedures and directives.
Shall mean a written statement providing specific direction
for performing FMA activities. Procedures are implemented through
policies and directives.
Shall mean the action required is mandatory.
Shall mean employee assigned to a position requiring the
exercise of immediate supervision over the activities of other employees.
Shall mean a business entity engaged by the Borough of Fairview
for the purpose of effecting the billing of patients and collecting
payments therefrom, which payments shall be remitted to the Borough
of Fairview.
c.
Membership. The FMA shall consist of members as are or may be appointed
and approved by the Mayor and Council.
d.
Ownership of Assets, Expenses, and Operating Costs. All FMA vehicles,
equipment, and materials are the property of the Borough of Fairview
and ownership shall remain with the Borough of Fairview, and all expenses
and costs shall be incurred by the Borough of Fairview for the proper
maintenance and operation of the FMA.
e.
Qualification for Membership as Active Member. No person shall be
eligible to become a member of the FMA unless such person shall posses
and provide proof of the following qualifications:
1.
Be not less than 18 years of age.
2.
Be physically fit to perform the duties of an emergency medical technician.
3.
Be subject to a civil, criminal and motor vehicle record check.
4.
Be subject to satisfactory pre-employment and random drug/alcohol
testing.
5.
Be a certified emergency medical technician of the State of New Jersey.
6.
Possess a valid driver's license if position will require the member
to drive.
7.
Possess a valid American Heart Association CPR for the Healthcare
Provider or equivalent CPR certification card.
f.
Youth Squad Qualification for Membership.
1.
The FMA shall be permitted to maintain a volunteer youth squad. Members
of the youth squad shall serve as community volunteers and will not
receive compensation of any kind.
2.
No person shall be eligible to become a member of the youth squad
unless such person shall possess the following qualifications:
(a)
Be not less than 16 years of age nor more than 17 years of age.
(b)
Be a legal resident of the Borough for not less than one year.
(c)
Be physically fit to perform the duties of an emergency medical
technician. The applicant shall submit proof of a medical evaluation
performed by a licensed physician.
(d)
Be a certified emergency medical technician of the State of
New Jersey.
(e)
Youth squad members shall apply for membership, and upon acceptance,
shall be placed on probation for a period of not less than six months.
(f)
Obtain parental consent to allow for and be subject to satisfactory
pre-service and random drug/alcohol testing.
3.
Youth squad members shall not be permitted to operate any Borough
vehicles.
g.
Application and Approval for Membership. The name of the applicant shall be provided to the EMS Program Coordinator (See Subsection 2-37.1o.) who will insure that the application process is followed as established in Borough-wide Standard Operating Procedure (SOP).
h.
Membership Roll; Identification.
1.
The names of the members shall be written upon the membership roll
maintained by the Borough Clerk.
2.
A member shall be issued a photo identification card as evidence
of membership, which ID card shall, at all times be and remain the
property of the Borough of Fairview. This photo identification card
shall be immediately surrendered to the Borough Administrator when
demanded or whenever a member has been formally suspended from the
FMA or when the member shall cease to be a member of the FMA.
i.
Classes of Membership. Members shall be defined as follows:
1.
Active Member: Any employee who is physically able to perform all
duties, including on-call duty time and training and other fixed duties.
Active members shall be divided into two classifications.
(a)
Per-Diem Member. Any member who is compensated at an hourly
rate for his/her service in the FMA. Per-diem members may not be regularly
employed in excess of 19.5 hours per week. Per-diem members are not
eligible for New Jersey Department of Personnel benefits or protections
under Title 11 and 11A of the New Jersey Statutes.
(b)
Volunteer Member. Any qualified person who meets the criteria of an active member but who does not receive compensation for his or her time or expenses, exclusive of volunteer stipends, provided under § 6-1 et seq. of the Fairview Municipal Code. A member of the Fairview Volunteer Ambulance Corps may also serve as a member of the FMA.
j.
Compensation/Insurance/Indemnification.
1.
Per-diem members may work a maximum of 19.5 hours per week. This
may be exceeded only when a life-threatening incident requires a recall
of personnel or during a declared state of local emergency.
2.
Per-diem members shall be compensated at a rate established by the
Mayor and Council.
3.
Members shall not be eligible to become certified as regular full
or part-time employees of the Borough.
4.
Members shall not be eligible to receive pension benefit(s), any
health insurance, including medical, dental, or vision, vacation or
other leave or compensatory time or any benefit of employment, not
specifically set forth in this section.
5.
Members shall be covered by worker's compensation insurance and the
Borough group life insurance and benefit from such insurance liability
and defense policies as the Borough may, from time to time, declare,
carry, amend or discontinue, in the Borough's sole discretion. In
the event of a line-of-duty death, the Borough shall insure that all
applications are processed and procedures followed for any eligible
State or Federal benefits.
k.
FMA Composition. The active roster of the FMA shall be comprised
of the number of EMTs necessary to maintain the operations of the
FMA.
l.
Disbandment of FMA. The FMA may be disbanded in the following manner:
1.
In their sole discretion, should the Mayor and Council consider at
any time that the interests of the Borough will be best served by
the disbandment of the FMA for any cause, or in the interest of economy
and efficiency, they may do so at any regular meeting by a majority
vote of the Council, 30 days' notice being previously given to the
EMS Program Coordinator and the members of the Council.
m.
Borough Administrator to Act as Director. The Borough Administrator
shall be the Director of the FMA. The Director shall be the administrative
officer in charge of the FMA and shall be directly responsible for
the efficiency and day-to-day operations of the FMA, subject to the
overall authority of the Mayor and Council. The Director shall:
1.
Administer and enforce the rules and regulations of the Ambulance
FMA and any special emergency directives for the disposition and discipline
of the FMA and its members;
2.
Organize, control and maintain all property and resources of the
FMA;
3.
Develop and implement policies and procedures necessary to govern
and direct the day-to-day operations of the FMA;
4.
Provide for the proper training of all members;
5.
Maintain the overall discipline of the FMA;
6.
Delegate such authority as may be deemed necessary for the efficient
operation of the FMA to be exercised under the direction and control
of the Director; and
7.
Maintain a constructive relationship with the public, community organizations,
the media and other agencies.
8.
Prepare and submit the annual budget and proposed expenditure programs
to the appropriate authority or other designated officials.
9.
Allocate funds within the budget which are appropriated by the governing
body.
10.
In cases of necessity, temporarily employ per-diem members when circumstances
of an unusual or emergent nature arise and prevent the Mayor and Council
from pre-approving such hiring. Temporary hires shall be submitted
for Mayor and Council approval at the earliest opportunity.
n.
Adoption of Rules and Regulations.
1.
The Director is hereby authorized, empowered and required when necessary
to adopt rules and regulations for the control, management, and government
of the FMA. These rules and regulations, after adoption by the Director,
shall not become effective and operative until presented and approved
by the Mayor and Council, except as emergent circumstances may otherwise
require.
2.
Application. These rules are applicable to all members of the FMA.
3.
Distribution. One copy of these rules shall be distributed to each
member of the FMA. Each member will be required to sign to confirm
receipt of the document.
4.
Responsibility for Maintenance. It is the continuing responsibility
of each member to maintain a current copy of the rules, including
additions, revisions, and amendments as issued.
5.
Familiarization. Members shall thoroughly familiarize themselves
with the provisions of the rules. Ignorance of any provision of these
rules will not be a defense to a charge of a violation of these rules.
It is the continuing responsibility of each member to seek clarification
through the chain of command for any rule that is not fully understood.
o.
Appointment of an EMS Program Coordinator. The Borough may appoint
an EMS Program Coordinator. He/she shall work a maximum of 40 hours
a week without prior approval of the Director, and will be a regular,
full-time employee of the Borough of Fairview and shall report to
and be supervised by the Director.
1.
Minimum Qualifications. (Subject to additional qualifications as
may be required by the New Jersey Department of Personnel.)
(a)
Be not less than 18 years of age.
(b)
Be able to fluently read, write and speak English and demonstrate
mathematical and other duties as the work to be performed requires.
(c)
Be subject to a civil, criminal and motor vehicle check.
(d)
Possess a valid driver's license.
(e)
Possess knowledge of emergency medical care and its processes
and procedures of the FMA.
(f)
Possess knowledge in computers and common programs including
Microsoft Word and Excel.
(g)
Be a U.S. citizen or legal resident alien with appropriate work
visa.
(h)
Be able and available to manage absences and other problems
involving shift schedules, staff suspensions, logistics and general
supervisory duties.
(i)
The applicant is not required to be a member of the FMA.
(j)
If the applicant is a member of the Fairview Volunteer Ambulance
Corps, the combination of hours as the EMS Program Coordinator and
the on-duty hours cannot exceed 40 hours a week without prior approval
of the Director.
(k)
Be a certified emergency medical technician of the State of
New Jersey.
(l)
Possess a valid American Heart Association CPR for the Healthcare
Provider or equivalent CPR certification card.
2.
Responsibilities:
(a)
Maintain the staffing schedule of the FMA insuring that all
shifts are fully staffed without exception.
(b)
Maintain a roster of all members with their availability to
cover regular shifts and shifts that must be staffed due to sickness,
vacations, and other absences.
(c)
Maintain a call-out roster of those members available to respond
to general calls.
(d)
Collect, review, and forward all run sheets and forward them
to the authorized agency.
(e)
Collect and forward to appropriate official all personnel and
training records as prescribed in the rules and regulations.
(f)
Collect, review, and forward all time sheets.
(g)
Any and all other functions necessary to insure that shifts
are staffed and information is provided to the billing agent.
(h)
The EMS Program Coordinator will be an employee subject to all
requirements, allowances, and regulations of such employee set forth
in this chapter.
(i)
General supervisory duties, logistics, ensure vehicle and equipment
maintenance is performed, maintain a safe working environment in accordance
with applicable State law.
(j)
The EMS Program Coordinator will submit a monthly activity report
to the Director.
(k)
Interface with hospital staff and third party payment contractors
to maximize efficient billing and collection procedures and practices.
(l)
Keep track of and ensure that all member certifications and
training requirements are kept current.
(m)
Be prepared to perform backup emergency medical technician duties.
3.
Compensation. The EMS Program Coordinator will be compensated at
a rate of pay established by the Mayor and Council.
p.
Assistant EMS Program Coordinator. An Assistant EMS Program Coordinator
may be appointed from among the qualified members of the FMA to perform
all of the duties of the EMS Program Coordinator when he/she is on
vacation. The Assistant EMS Program Coordinator will be subject to
all of the requirements set forth in this section and will be compensated
at a per-diem rate (without other benefits) for the period of time
served in this capacity, or upon other such terms and conditions as
the Mayor and Council shall provide.
q.
Records Maintained. The EMS Program Coordinator, under the direction
of the Director of the FMA, shall see that timely and accurate records
are kept of all responses for calls for service, training, attendance,
certifications, and any other records required by the State, Borough,
or other authorized agency.
[Ord. No. 09-6 Art. II]
a.
General Supervision of FMA. The Director shall have the general supervision
of the FMA, subject to the ultimate authority of the Mayor and Council.
The Director may exercise his/her management prerogatives through
his/her subordinates, including the EMS Program Coordinator and the
Assistant EMS Program Coordinator.
b.
Delegation of Authority. The Director or his/her designee(s) shall
appoint members to act as line supervisors or crew chief(s) and delegate
to those members the appropriate authority as may be deemed necessary
for the efficient operation of the FMA. Said delegation of authority
shall not conflict with such rules and regulations for the government
and management of the FMA and shall be exercised under the direction
and control of the Director and his/her designee(s).
c.
Command at Calls for Service.
1.
In all cases of calls for service, those members appointed to line
supervisor by the Director shall have initial scene control and command
under the authority of this section; subject to the supercession of
the Director or his/her designee(s). Rules and/or procedures regarding
incident command authority shall be promulgated.
2.
When a line supervisor is absent from the call for service, the on-duty
crew chief shall assume the duties of command.
[Ord. No. 09-6 Art. III]
a.
Response to Calls for Service. The on-duty FMA members shall respond
immediately to the call for service, unless otherwise directed by
the Director or supervisory member in charge. Members shall also be
required to promptly respond to emergency recall or "All-Hands" call
duties.
b.
Training and Drills. The EMS Program Coordinator or his/her designee
shall maintain a schedule of training and drills and shall activate
the FMA for drills or training when and where it becomes necessary.
These training sessions may include any and all mandated training
courses as set forth in the rules and regulations of the FMA and any
elective training sessions as the Director may deem necessary or beneficial.
Members will not be compensated for the time required to maintain
required certifications. The Borough will pay any fees or costs for
the training that is not covered by the State or other agencies.
c.
Record of Calls for Service and Training Exercises. The EMS Program
Coordinator shall keep a permanent record of the call for service,
duty time and attendance at training sessions of each active member
of the FMA.
d.
Authorized Drivers. Any member of the FMA who drives any Borough
vehicle must complete the required driver training as set forth in
the rules and regulations of the FMA. Members of other Borough agencies
who may be required to operate an ambulance must have completed adequate
driver training courses.
e.
Request for Repairs or Supplies. All requests for repairs or supplies
for the FMA shall be presented through the EMS Program Coordinator,
to the Director for approval. Purchases shall be made in accordance
with applicable State and municipal regulations and meet the approval
of the Chief Purchasing Agent of the Borough.
f.
Unauthorized Repairs; Emergencies. No member of the FMA shall be
permitted to tamper with or fix or repair any apparatus unless directed
to do so by the Director, EMS Program Coordinator, crew chief or line
supervisor, and then only in the case of an emergency.
g.
General Rules of Conduct.
1.
Performance of Duty. All members shall promptly perform their duties
as required or directed by law, FMA rule, policy, or directive, and
by lawful order of a supervisor.
2.
Obedience to laws and rules. Members shall obey all laws, ordinances,
rules, policies, procedures, and directives of the FMA.
3.
Reporting Violations of Laws and Rules. Members knowing of other
members violating laws, ordinances, or rules of the FMA shall report
same in writing to the Director.
5.
Conduct Toward Other Department Employees. Members shall treat other
FMA members with respect. They shall be courteous and civil at all
times in their relationships with one another.
6.
Fitness for Duty. Personnel shall maintain sufficient physical and
psychological condition in order to handle the variety of activities
required of an emergency medical technician.
7.
Driver's License. Members operating Borough motor vehicles shall
possess a valid U.S. driver's license. Whenever a member's driver's
license is revoked, suspended, lost, or charged with driving under
the influence of controlled dangerous substances or alcohol or reckless
driving, the member shall immediately notify the appropriate supervisor,
giving full particulars.
8.
Address and Telephone Numbers. Members are required to have a telephone
or other method of twenty-four-hour contact. Changes in address or
telephone number shall be reported in writing to the appropriate supervisor
within 24 hours of the change.
9.
Members shall at all times keep in force and good standing their
EMT and other required approvals and certifications.
10.
Members shall immediately report to their supervisor and/or EMS Program
Coordinator the filing of all quasi-criminal or criminal charges,
as well as charges of domestic violence or the issuance of any civil
injunction against the member.
11.
Members shall not engage in any conduct contrary to the good name,
order or well-being of the FMA.
12.
Members are required to be truthful regarding their words and actions
relating to the conduct of their duties at all times whether under
oath or not.
h.
Alcoholic Beverages and Drugs. Members shall be subject to the Borough's
Employee Drug and Alcohol Testing Policy.
i.
Judicial Appearance and Testimony Regarding EMS Matters.
1.
Members shall not volunteer to testify in actions arising out of
FMA employment and shall not testify unless subpoenaed. If the subpoena
arises out of Borough employment or if members are informed that they
are a party to a civil action arising out of Borough employment, they
shall immediately notify the appropriate supervisor, and shall consult
with the Director and the Borough Attorney before responding to any
such subpoena, giving a deposition, or signing any affidavit.
2.
Court Appearance. When appearing in court on FMA business, members
shall wear either the FMA uniform or appropriate business attire.
3.
Department Investigations. Members are required to answer questions,
file reports, or render material and relevant statements in a FMA
investigation when such questions and statements are directly related
to job responsibilities. Members shall be advised of, and permitted
to invoke, all applicable constitutional and statutory rights, including
consultation with counsel, at the member's expense.
[Ord. No. 09-6 Art. IV]
a.
Purpose.
1.
The Borough of Fairview recognizes the need to bill patients for
the provision of emergency medical services and transportation to
aid in the provision of those services.
2.
No person requiring emergency medical services and/or transportation
shall be denied services due to a lack of insurance or ability to
pay levied charges.
3.
Whereas, the FMA is funded by local taxation, it is in the best interest
of the residents of Fairview to establish a policy for EMS billing
in accordance with the Health Care Finance Administration (HCFA) guidelines
(As same may be from time-to-time amended or supplemented) so that
individuals who are legally domiciled in the Borough of Fairview will
not be responsible for the payment of any uninsured out-of-pocket
expenses.
b.
Billing for Service.
1.
The FMA shall obtain the necessary licensure from the New Jersey
State Department of Health to provide emergency medical services and
transportation (the "Program"). The FMA is a Department of the Borough
of Fairview.
2.
The Borough of Fairview shall apply for a "provider number" from
the Federal and State Medicare/Medicaid programs, enabling the municipality
to institute a third party payment plan (the "payment plan"), for
provided services.
3.
All patients, whether or not a legal domiciliary of the Borough of
Fairview, and/or their financially responsible parties, insurers or
carriers, will be billed for emergency medical services and transportation
provided by the FMA, according to a fee schedule established by the
Mayor and Council of the Borough of Fairview.
4.
A patient who receives emergency medical services or transportation
from the FMA is obligated, at the time of service or as soon as practicable
thereafter, to provide the FMA with all pertinent identification,
insurance and/or payment information to facilitate the Borough's billing
of third-party payment sources for services rendered. The Borough
may, at its option, and shall, where required by law, bill insurers
or carriers on a patient's behalf, accept payment on an assignment
basis.
5.
All patients who are not legally domiciled in the Borough of Fairview
shall be liable for any co-payment or deductible amounts not satisfied
by public or private insurance, and the Borough shall make reasonable
collection efforts for all such balances according to the most current
rules or regulations set forth by applicable Health Care Financing
Administration Federal policies and regulations. The Borough may bill
any applicable co-insurance carriers for such amounts. Exceptions
include only those instances where the Borough has knowledge of a
particular patient's indigence or where the Borough has made a determination
that the cost of billing and collecting such co-payments or deductibles
exceeds or is disproportionate to the amounts to be collected.
6.
The Borough shall not bill any individual legally domiciled in the
Borough of Fairview for any fee, balance, deductible, or co-payments
not satisfied by public or private insurance, including Medicare/Medicaid,
nor will the Borough bill an individual legally domiciled in the Borough
of Fairview for emergency medical services provided that individual
is not covered by private or public insurance.
7.
The Borough of Fairview may, either directly or through any third-party
billing agency with which it has contracted for billing and/or collections
for emergency medical services, make arrangements with patients and/or
their financially responsible party for installment payments of bills
or forgive any bill or portion thereof so long as the Borough determines
that: 1) the financial condition of the patient requires such an arrangement;
and 2) the patient and/or financially responsible party has demonstrated
a willingness to make good-faith efforts towards payment of the bill.
8.
A patient who has received emergency medical or transport services
from the FMA, including an individual legally domiciled in the Borough
of Fairview, for whom the Borough of Fairview has not received payment
from a third-party payer on assignment, and who receives payment directly
from a third-party payer for emergency medical services rendered by
the FMA is obligated to remit such monies to the Borough in the event
the Borough has not been paid for services rendered. Patients who
do not remit such monies may be held liable for costs of collection
in addition to the charges for emergency medical services rendered.
9.
The Borough of Fairview shall be authorized to enter into contracts
with area hospitals that provide advanced life support (ALS) services
to patients that are transported by the FMA. This will allow the hospitals
to bill for all emergency medical services and if so agreed, timely
reimburse the Borough for its transportation costs within 45 days
of receiving payment.
c.
Procedure for Third-Party EMS Billing.
1.
The Borough of Fairview is hereby authorized to enter into a contract
with a third-party billing agency for performance of EMS billing and
collection services; provided, however, that the following standards
for such third-party billing contracts are met:
(a)
The third-party billing agency has in place a compliance program
conforming to standards set forth in the Office of Inspector General's
Compliance Program Guidance for Third-Party Medical Billing Companies,
63 Federal Register 70138, as amended.
(b)
Neither the billing agency nor any of its employees are subject
to exclusion from any State or Federal health care program.
(c)
The billing agency is bonded and/or insured in amounts satisfactory
to the Borough of Fairview.
2.
A detailed listing of patients who utilize emergency medical services
and or transport provided by the FMA, will be compiled by the Borough
of Fairview. This information will be transmitted to the third-party
billing agency. The information will be subject to the confidentiality
requirements of applicable law. This information will include, at
a minimum, the following:
(a)
Name, address, and telephone number of patient.
(b)
Name, address, and claim number of insurance carrier, if applicable.
(c)
Date, time, and EMS chart number.
(d)
Point of origin and destination.
(e)
Odometer reading at point of pickup and destination.
(f)
Reason for transport/patient's complaint/current condition.
(g)
Itemization and description of services provided and charges.
(h)
Signature of the patient or authorized decision maker.
(i)
Name of receiving physician.
(j)
Names, titles, and signatures of ambulance personnel, when possible.
3.
The third-party billing agency shall obtain the information from
the FMA and will bill the patient and/or their financially responsible
parties, insurers or carriers, according to the fee schedule established
herein; provided, however, that the third-party billing agency shall
not bill any individual legally domiciled in the Borough of Fairview
for any fee, balance, deductible, or co-payments not satisfied by
public or private insurance, including Medicare/Medicaid, nor will
the Borough bill an individual legally domiciled in the Borough of
Fairview for emergency medical services or transport provided if that
individual is not covered by private or public insurance.
4.
Fees for Emergency Medical Services. The fees for emergency medical
services, transport miles per trip and non-transports where aid is
provided shall be as follows:
BLA Base Rate: $850.
Mileage charge per mile of: $15.
Treatment No. Transport BLS: $250.
DOA: $750.
The Borough reserves the right to bill additionally for material,
vehicle and personnel costs in the case of a minor or unique accident.
[Amended 4-18-2017 by Ord. No. 17-9]
5.
The Mayor and Council shall review the fees for services listed in
Subsection 4 above, annually, and adjust said fees based on the recommendations
of the Borough Administrator and the Chief Financial Officer and in
accordance with the Federally approved Medicare Fee Schedule.
6.
The Borough of Fairview may, in its discretion, bill additionally
for material, vehicle, and personnel costs in the case of major or
unique incidents.
7.
The Borough Administrator may promulgate rules and regulations pursuant
to and not inconsistent with this section, State and Federal law,
such rules and regulations, which rules and regulations shall become
effective upon approval by resolution of governing body of the Borough
of Fairview.
[Ord. No. 10-2 Art. 1]
There shall be a Department of Law, the head of which shall
be the Borough Attorney.
[Ord. No. 10-2]
a.
Compensation and Duties of Borough/Municipal Legal Department Head:
Borough to Bear Legal Fees and Costs.
1.
The Head of the Department of Law shall be the Borough Attorney.
The Borough Attorney shall be appointed pursuant to Borough ordinance
and shall receive such compensation as shall be provided by ordinance.
Prior to the Borough Attorney's appointment, the Borough Attorney
shall have been duly admitted to the practice of law in the State
for at least 10 years and have at least 10 years of experience as
a Municipal Attorney.
2.
The compensation of the Municipal Counsel shall be such sum annually
as shall be fixed by ordinance and resolution. Legal fees and costs
for the Municipal Counsel may be liable as the legal represented of
the Borough shall be borne by the Borough.
b.
Power and Duties of Borough Attorney/Municipal Legal Department Head.
The Borough Attorney shall be the legal advisor to the Mayor, to the
Council and to all departments except as may be otherwise provided
by ordinance. The Borough Attorney shall prosecute and defend actions
and proceedings by and against the Borough and every department thereof.
The Borough Attorney shall be the chief law officer of the Borough
and the attorney of record in all proceedings wherein the Borough
or any of its officers, boards, bodies or commissions, by reason of
any suits growing out of their official position, shall be party.
The Borough Attorney shall supervise the preparation of all contracts
and other documents and all statutes, ordinances and resolutions referred
to the Law Department for preparation. In furtherance of these general
powers, and without limitation thereto, the Borough Attorney shall:
1.
Advise the Council as to the form and sufficiency of all ordinances
and resolutions prior to their passage.
2.
Attend all Council meetings.
3.
Review and approve all legal fees paid to the Borough. No warrant
shall be issued for payment of any money from the Borough Treasury
in any matter wherein a deed is necessary or under any contract to
which the Borough is party, unless the Borough Attorney shall have
endorsed in writing upon such contract or documents and instruments
his/her approval as to form and legality, together with a statement
of any liens or encumbrances affecting the transaction.
4.
Supervise all attorneys employed by the municipality.
5.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough, as he or she may in his or her discretion
determined to be necessary or desirable, or as directed by the Mayor
or Council.
6.
Render opinions in writing upon any question of law submitted to
him or her by the Mayor, the Council, the Borough Administrator or
the head of any department, with respect to their official powers
and duties.
7.
Maintain a record of all actions, suits, proceedings which relate
to the Borough's interest, and report thereon from time to time as
the Mayor or Council may require.
8.
Have such other and different functions, powers and duties as may
be provided by ordinance.
c.
Limitation on Power to Compromise.
1.
The Borough Attorney shall not, without the approval of the Council
by Resolution, be empowered to:
(a)
Accept any offer of judgment in favor of the Borough. This subsection
shall not operate to limit or abridge the discretion of the Borough
Attorney in regard to the proper conduct of the trail of any action
or proceeding, or to deprive him or her of the powers and privileges
ordinarily exercised in judicial proceedings by counsel acting for
private clients.
d.
Special Counsel — Appointment and Duties. Whenever the Borough
Attorney deems the interests of the Borough so requires, the Borough
Attorney may recommend the appointment of special counsel to assist
the Borough Attorney in the preparation, trial or argument of such
legal matters or proceedings as the Borough Attorney may determine.
If the Borough Attorney should be disqualified with respect to any
matter, the Mayor shall appoint special counsel, with the approval
of the Council, to represent the Borough for and with respect to such
matter.
e.
Disposition of Record and Papers. All papers, documents, memoranda,
reports and other materials relating to the administration the Department
of Law shall be and remain the property of the Borough. Upon the termination
of the Borough Attorney's service with the Borough, the Borough Attorney
shall forthwith surrender to his successor all such property, together
with a written consent to the substitution of his successor in all
legal actions and proceedings then pending to which the Borough is
a party.
