[1]
Editor's Note: The Police Department was previously established
in the 1969 Code, §§ 58-1 - 58-34.
[Ord. No. 98-2 § 1; Ord. No. 03-33 § I; Ord. No. 04-14 § II; Ord. No, 06-22; Ord. No. 10-05; Ord. No.
2015-04; Ord. No. 2016-01; Ord. No. 2016-16; Ord. No. 2017-25; Ord.
No. 2017-39; amended 4-19-2018 by Ord. No. 18-03; 3-21-2019 by Ord. No. 19-02]
a.
There are hereby created the following positions in the Police Department
of the Borough of Elmwood Park:
1.
One Chief of Police;
2.
Three Captains, automatically reducing to two Captains immediately
upon the retirement of the Senior Captain in 2021;
[Amended 7-16-2020 by Ord. No. 20-18]
3.
Six Lieutenants;
[Amended 7-21-2022 by Ord. No. 22-18]
4.
Seven Sergeants.
[Amended 7-16-2020 by Ord. No. 20-18; 7-21-2022 by Ord. No. 22-18]
5.
Thirty-nine patrol officers.
[Amended 7-16-2020 by Ord. No. 20-18; 2-18-2021 by Ord. No. 21-04; 9-16-2021 by Ord. No. 21-18]
6.
Police
Chaplain(s).
[Added 4-21-2022 by Ord. No. 22-08]
b.
In order to provide for a safe and efficient transition when a member or members of the police force give notice of their intent to retire, there shall be permitted a maximum of two additional patrol officers (in addition to the number of patrol officers set forth in Subsection a5 above) who may be employed for a maximum of six months for the purpose of training and familiarization with police procedures. The six-month provision shall apply to officers hired as part of the New Jersey Civil Service Commission Intergovernmental Transfer Program.
[Amended 11-12-2020 by Ord. No. 20-33]
c.
In order to provide for a safe and efficient transition, there shall also be a separate provision for officers hired off the New Jersey Civil Service eligibility list as a new police recruit. This provision shall permit a maximum of two additional patrol officers (in addition to the number of patrol officers set forth in Subsection a5 above) who may be employed for a maximum of ten months for the purpose of training and familiarization with police procedures.
[Added 11-12-2020 by Ord. No. 20-33]
[Ord. No. 98-2 § 2]
The Police Department shall:
Preserve the public peace; protect life and property; detect,
arrest and prosecute offenders of the laws of the State of New Jersey
and the ordinances of the Borough of Elmwood Park; direct and control
traffic; provide attendance and protection during emergencies; provide
appearances in Court; cooperate with all other law enforcement agencies;
and provide training for the efficiency of its members and officers.
[Ord. No. 98-2 § 3]
A Detective Bureau of the Borough of Elmwood Park Police Department
is herein established, which shall be placed in the charge of the
Chief of Police or such person as he may designate. The Detective
Bureau shall consist of such plainclothes officers who shall have
been a member of the Elmwood Park Police Department for a minimum
period of three years; shall have completed courses in criminal investigations,
and, in addition thereto, such courses as shall be determined by the
Chief of Police to be required of those members of the Detective Bureau
subsequent to their appointment to their position of Detective. The
membership of the Detective Bureau shall consist of such plainclothesmen
as shall be designated for such duty by the Chief of Police and shall,
in addition to exercising all of the powers as a member of the Police
Department, be in charge of the Detective work thereof, subject to
the direction and control of the Chief of Police.
[Ord. No. 98-2 § 4]
The Mayor and Council shall be designated as the appropriate
authority as provided in the New Jersey Statutes, N.J.S.A. 40A:4-118.
The Mayor and Council shall be responsible for the overall performance
of the Police Department. The Mayor and Council shall adopt and promulgate
Rules and Regulations for the government of the Police Department
and the discipline of its members.
[Ord. No. 98-2 § 5]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Mayor and Council for its
efficiency and day-to-day operations. Pursuant to policies established
by the Mayor and Council, the Chief of Police shall:
a.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the Department and its members and officers;
b.
Have, exercise and discharge the functions, powers and duties of
the Police Department;
c.
Prescribe the duties and assignments of all members and officers;
d.
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control; and
e.
Report at least monthly to the Mayor and Council in such form as
shall be prescribed on the operation of the Police Department during
the preceding month and make such other reports as may be requested
by the Mayor and Council.
[Ord. No. 98-2 § 6; Ord. No. 98-16 § 1]
a.
No person shall be appointed to the Police Department who is not
qualified as provided in the New Jersey Statutes. The Mayor and Council
may also require that an applicant for appointment to the Police Department
shall successfully complete a physical, mental and psychological examination.
b.
No person shall be appointed to the Elmwood Park Police Department
who is not a resident of the Borough of Elmwood Park as of the announced
closing date for the filing of the application with the New Jersey
Department of Personnel, and also a resident of the Borough of Elmwood
Park at the time of appointment by the Mayor and Council to the Borough
Police Department.
[Amended 7-21-2022 by Res. No. R-267-22]
[Ord. No. 98-2 § 7]
No member or officer of the Police Department shall be suspended,
removed, fined or reduced in rank for any causes other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the Police Department's rules and regulations.
[Ord. No. 98-2 § 8]
The Mayor and Council may appoint from time to time Special
Law Enforcement Officers in accordance with New Jersey Statutes for
terms not exceeding one year. They shall possess and exercise all
the powers and duties provided by the Statutes during their term in
office, but shall not be continued as regular members of the Police
Department and shall not be entitled to tenure. The Chief of Police
may authorize Special Law Enforcement Officers when on duty to exercise
the same powers and authority as regular members of the Police Department
including the carrying of firearms and the power of arrest.[1]
[Ord. No. 98-2 § 9]
There shall be traffic guards appointed by the Borough of Elmwood
Park for temporary and seasonal services. Such guards shall serve
at will under the direction and supervision of such officer of the
Department as the Chief of Police may designate and shall assist in
the regulation of traffic and in the protection of the safety of school
children at such school crossings as may be designated pursuant to
law.
[Ord. No. 98-2 § 10]
The Police Department of the Borough of Elmwood Park shall provide
a police escort for any person, firm or corporation requesting the
same; provided, however, that the person, firm or corporation shall
during the month of January of each year notify the Borough Police
Department in writing that it intends during the calendar year to
use the Police Department for escorts within or without the Borough.
Unless the person, firm or corporation shall have notified the Police
Department of its intent to use the Police Department for an escort
service, the escort service shall not be available to that person,
firm or corporation unless within the discretion of the Chief of Police
or his designee it is determined that an emergency situation exists
in which the Chief of Police or his designee shall waive the written
notice required aforesaid. The person, firm or corporation requesting
the escort service shall pay for such service in accordance with the
Borough Ordinances which may be established covering the cost of same.
[Ord. No. 98-2 § 11;
amended 4-19-2018 by Ord. No. 18-06]
a.
In any investigation of a police officer that results in disciplinary
charges, which charges seek to suspend, demote or terminate a permanent
police officer on charges that the officer has violated one or more
of the provisions of N.J.A.C. 4A:2-2.3, or violation of the internal
rules and regulations of the Police Department, or any state statute,
or the implicit standard of good conduct, and the police officer requests
a hearing, the appropriate authority, or its designee, shall sit as
hearing officer for the Borough.
b.
In the event the appropriate authority does not act as hearing officer,
the appropriate authority may appoint, via resolution, any individual
its deems qualified, appropriate and in the best interests of the
Borough to serve as hearing officer. The hearing officer designated
to hear the disciplinary matter shall, at the conclusion of the hearing,
forward his/her findings and recommendations to the appropriate authority,
who shall make the final determination. The appropriate authority's
decision shall be reviewable in accordance with civil service law
and regulations, as may be amended from time to time, as provided
in N.J.S.A. 11A:1-1 et seq. and N.J.A.C. 4A:2-1 et seq.
[Ord. No. 98-2 § 12]
The following penalties may be assessed against any member or
employee of the Department as disciplinary action:
[Ord. No. 98-2 § 13]
Within the limitations set forth in State of New Jersey Civil
Service Laws, N.J.S.A. 40A:14-147 to 151 inclusive and municipal ordinances,
the Department disciplinary authority and responsibility rests with
the Chief of Police. Except for oral reprimands and emergency suspensions,
Department discipline must be taken or approved by the Chief of Police.
Other supervisory personnel may take the following disciplinary
measures:
[Ord. No. 98-2 § 14]
Any command or Supervisory Officer shall have the authority
to impose emergency suspension, until the next business day, against
a member or employee, when it appears that such action is in the best
interest of the Department.
[Ord. No. 98-2 § 15]
When the improper conduct of a member or employee of one unit
is of such a nature that immediate or emergency disciplinary action
is required of a command or Supervisory Officer of another unit, such
action may be taken at once, within the following limitations:
[Ord. No. 98-2 § 16]
When the Supervisory Officer of one unit orally reprimands a
member or employee of another unit, he shall notify the Supervisor
of the member so disciplined as soon as possible. He also shall submit
a written report of this action, and reason therefore, to the Operations
Officer, and also to the Supervisor of the member or employee. All
reports then shall be submitted to the Chief of Police.
[Ord. No. 98-2 § 17]
A member or employee receiving an emergency suspension shall
be required to report to the Chief of Police on the next business
day at 10:00 a.m. unless otherwise directed by competent authority.
The command or Supervisory Officer imposing the suspension shall also
report to the Chief of Police at the same time.
[Ord. No. 98-2 § 18]
Whenever disciplinary action is taken or recommended (except
for oral reprimand), a written report must be submitted immediately,
containing the following information:
a.
The name, rank, badge number, and present assignment of the person
being disciplined.
b.
The date, time and location of the misconduct.
c.
The section number of the violated rule, and common name of the infraction.
d.
A complete statement of the facts of the misconduct.
e.
The type of disciplinary action recommended, which may include additional
or remedial training, and may include counseling or guidance.
f.
The written signature, badge number and rank of the preparing officer.
[Ord. No. 98-2 § 19]
Whenever an oral reprimand is given, the issuing officer shall
submit an Operation Report to the Chief of Police stating name and
rank of officer, indicating a verbal reprimand was issued.
[Ord. No. 98-2 § 20]
The member or employee being disciplined shall be informed of
the charges, in writing as provided by N.J.S.A. 40A:14-147, the exception
being reprimands.
[Ord. No. 98-2 § 21;
amended 4-19-2018 by Ord. No. 18-06]
See Subsection 2-27.11b.
[Ord. No. 98-2 § 22;
amended 4-19-2018 by Ord. No. 18-06]
Whenever any member observes, or is informed of, the misconduct
of another member or employee, he or she shall render a complete written
report of the incident to the Chief of Police, through the chain of
command.
[Ord. No. 98-2 § 23]
Disciplinary records for all employees of the Department shall
be maintained in a disciplinary file in the Office of the Chief of
Police. These files will be kept in a secure fashion at all times
for the life of the employee.
[Ord. No. 88-17 § 17;
New]
a.
Creation. In accordance with the provisions of N.J.S.A. 40A:14-146.8,
there is hereby created the position of Special Law Enforcement Officer
for the Borough of Elmwood Park. Each Special Law Enforcement Officer
appointed shall be subject to the requirements of this subsection
and the additional requirements set forth in N.J.S.A. 40A:14-146.8
et seq.
b.
Classification and Powers. The classification of Special Law Enforcement
Officers shall be based upon the duties to be performed by the Officers
and are established as follows:
1.
Class 1. The Officers of this class are authorized to perform routine
traffic detail, spectator control and similar duties as may be assigned
by the Chief of Police or, in the absence of the Chief, another Law
Enforcement Officer in a supervisory capacity to act in his stead,
the Class 1 Officers are also authorized to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the New Jersey Statutes.
The use of firearms by the Class 1 Officer is strictly prohibited
and no Class 1 Officer shall be assigned any duties which may require
the carrying or use of a firearm.
(a)
The number of Class 1 Special Officers shall be at the discretion
of the Mayor and Council. Before any Special Law Enforcement Officer
is appointed, the Chief of Police or, in the absence of the Chief,
other Chief Law Enforcement Officer shall ascertain the eligibility
and qualifications of the applicant and report these determinations
in writing to the Mayor and Council.
2.
Class 2. The Officers in this class are hereby authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed, full-time Police Officer. They shall be assigned such powers
and duties by the Chief of Police or, in the absence of the Chief,
another Chief Law Enforcement 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 established within the Department
of Law and Public Safety of the State of New Jersey.
(a)
The number of Class 2 Officers shall not exceed 25% of the number
of regular officers employed by the Borough of Elmwood Park.
c.
Terms of Appointment. Special Law Enforcement Officers of the First
and Second Class shall be appointed for a term not to exceed one year
by the Mayor and Council and the appointment may be revoked by the
Mayor and Council for cause after hearing, as required by N.J.S.A.
40A:14-147. The powers and duties of Special Officers shall cease
upon expiration of the term for which they are appointed. Special
Officers so appointed shall not be members of the Police Force or
the Police Department of the Borough of Elmwood Park.
d.
Qualifications.
1.
No person may be appointed as a Special Law Enforcement Officer unless
the person:
(a)
Is a resident of this State during the term of employment.
(b)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its equivalent.
(c)
Is sound in body and of good health.
(d)
Is of good moral character.
(e)
Has not been convicted of any offense involving dishonesty or
which would make him unfit to perform the duties of his office.
(f)
Has successfully undergone the same psychological testing that
is required of all full-time Police Officers in the Borough of Elmwood
Park.
e.
The Chief of Police or, in his absence, other Chief Law Enforcement
Officer, shall have the applicant fingerprinted as required by Statute,
conduct a background investigation of the applicant to determine the
eligibility and qualifications of the applicant, and shall report
these determinations, in writing, to the Mayor and Council.
f.
Training. No person shall commence serving as a Special Law Enforcement
Officer unless he has been certified by the Police Training Commission,
as provided by N.J.S.A. 40A:14-146.10.
g.
Hours of Employment. No Special Law Enforcement Officer may work
more than 20 hours per week, except as follows:
h.
Supervision and Direction.
1.
A Special Law Enforcement Officer shall be under the supervision
and direction of the Chief of Police or, in the absence of the Chief,
other Chief Law Enforcement Officer of the Borough of Elmwood Park,
and shall perform his duties only in the Borough of Elmwood Park unless
in fresh pursuit of any person pursuant to Chapter 156 Title 2A of
the New Jersey Statutes.
[Ord. No. 02-22]
a.
Purpose. To regulate off-duty employment by sworn members of the
Police Department. The purpose of this rule/regulation is to clearly
outline the conditions under which members of the Elmwood Park Police
Department (EPPD) may seek and work for an employer other than the
Borough of Elmwood Park. This will modify any existing rules and regulations
relative to the regulating of outside employment.
b.
Policy. It shall be the policy of the Police Department to permit
members to engage in off-duty "outside employment" subject to specified
limitations. Any such outside employment shall not interfere with
the performance of a member's duties and responsibilities as it relates
to his/her employment as a Law Enforcement Officer with the Borough
of Elmwood Park.
c.
OUTSIDE EMPLOYMENT
Definitions.
For the purposes of this policy, the term "outside employment"
refers to any form of work or service provided by a member of this
Department where that individual is paid or otherwise compensated
by a company, firm, or individual where such conditions of employment
have not been contracted through the Borough of Elmwood Park. Any
uniform traffic control detail must be performed on an on-duty status
only and the outside employer must contract with the Borough of Elmwood
Park Police Department in advance for such service, unless otherwise
specifically approved in writing by the Chief of Police.
d.
Conditions.
1.
Permission for Outside Employment. All member of this Department
shall first submit in writing to the Chief of Police utilizing the
chain of command a written request for such employment. The employee
will submit the request to his supervisor, who will make a recommendation
in writing regarding the request and forward the request to the Chief
of Police for final disposition. A separate request for such employment
is required for each individual employer. Permission must be granted
prior to actual employment. Such written request shall contain the
following:
(a)
Name, address and telephone number of the employer.
(b)
Nature of the business which the employer is engaged in.
(c)
The type and nature of work to be performed by the requesting
officer.
(d)
The approximate total number of hours that the requesting officer
intends to work while engaged in the outside employment including
hours per day, week, etc.
(e)
All requests are for a maximum of six months. A new request
must be submitted after the six-month period.
2.
Denial of Request. A request for outside employment may be denied
by the Chief of Police. The decision to deny permission for outside
employment of the Department is final and an appeal to a higher or
other level is not permitted. Grounds for denial may be, but are not
limited to situations where outside employment:
(a)
May render the member unavailable during an emergency.
(b)
May be physically or emotionally exhaustive to the point that
it may affect the performance of the individual in his/her duties.
(c)
May require special consideration be given to the scheduling
of the individual's regular hours of duty.
(d)
May bring or may appear to bring the Department into disrepute
or impair the operation or efficiency of the Department.
(e)
Could present the appearance of a conflict of interest with
respect to the duties and responsibilities of a Law Enforcement Officer.
3.
Prohibited Outside Employment. Members of this Department shall not
engage in any outside employment or business where they will:
(a)
Conduct any form of illegal or immoral activity.
(b)
Be employed by, or otherwise work on, a licensed alcoholic beverage
premises within the Borough of Elmwood Park. The Chief of Police may
authorize, in limited circumstances, members to work on a licensed
premises provided that such employment is contracted through the Borough
of Elmwood Park.
(c)
Conduct investigative work for insurance companies, private
guard services, collection agencies, attorneys or bail bond agencies.
(d)
Conduct any form of "private detective business" as defined
in N.J.S.A. 45:19-9(a).
(e)
Not authorized by the Chief of Police.
4.
Limitations of Outside Work.
(a)
Conflicts involving employment. Any outside employment shall
not interfere with the performance of a member's duties and responsibilities
as it relates to his/her employment in the Borough of Elmwood Park.
Further, an individual who is engaged in outside employment may not
carry out any aspect of that job during the individual's tour of duty
hours.
(b)
Required off-duty time. Members shall not engage themselves
in any outside employment that will prevent them from having at least
seven continuous hours of off-duty time for rest in any twenty-four-hour
period immediately prior to their next scheduled tour of duty or assignment.
(c)
Licensed alcoholic beverage premises.
(1)
Members shall not engage themselves in outside employment in
a licensed alcoholic beverage premises outside the Borough of Elmwood
Park unless:
(i)
Prior written approval of such employment is given
by the EPPD Chief of Police,
(ii)
Prior written notification is made to the Chief
Law Enforcement Officer of the jurisdiction in which the licensed
premises is located,
(iii)
The licensee of the licensed premises applies
for written approval of the employment through the Director of the
Division of Alcoholic Beverage Control, and
(iv)
Prior written approval from the Director of the
Division of ABC is received by the EPPD Chief of Police.
(2)
Any member who is so employed and engaged in the selling, serving,
possessing or delivering of any alcoholic beverages, shall not:
(3)
Any member so employed shall be under an affirmative duty to
enforce any violations of the alcoholic beverage control laws or regulations
by utilizing due diligence to detect and apprehend offenders pursuant
to the provisions of N.J.S.A. 33:1-71.
5.
Regulations Regarding Outside Employment.
(a)
Personal conduct. Any member who has received permission to
engage in outside employment is required to conform to the EPPD's
rules and regulations, policies and procedures as it relates to general
conduct.
(b)
Identification as a Police Officer. Any member who is engaged
in outside employment may not under any circumstances use his/her
position with the EPPD as a means of conducting such outside employment.
This does not exclude an officer from identifying himself/herself
as such when intervening or thwarting the commission of a crime or
other statutory offense.
(c)
Wearing Departmental uniform or insignia. No member may wear
any part of his/her departmental uniform or any other type of garment
which would indicate he/she is a Police Officer with the EPPD, nor
utilize any Departmental issued equipment.
(d)
Any employee engaged in outside work is responsible to report
any incident which occurs during such employment, including but not
limited to any injury to the Officer and any crime or offense that
occurs in his/her presence.
[Added 5-17-2018 by Ord.
No. 18-10; amended 11-9-2023 by Ord. No. 23-36]
a.
Police officers may work for outside private contractors and entities
on their off-duty hours with the approval of and provided the Chief
of Police determines, in his discretion, that there are sufficient
police personnel available, that the outside employment assignment
will not interfere with the needs of the Borough, and that sufficient
funds have been deposited in an escrow account with the Borough Chief
Financial Officer to cover the anticipated costs of such off-duty
assignments. The Borough's Chief Financial Officer shall remit invoices
to all outside private contractors and entities upon notification
from the Police Chief on all outside employment.
b.
The Borough has established an escrow account dedicated to the payment
of off-duty police officers for outside employment by private contractors
or private entities. Any prospective contractor or private entity
must apply to the Chief of Police, requesting off-duty police services.
The Chief of Police will then notify the Borough Clerk and Chief Financial
Officer of the request and forward to them the completed application,
when received. The written application shall include the following
information:
c.
The dates that off-duty police services and police vehicle(s) will
be needed.
d.
An estimate of the number of hours the contractor or private entity
anticipates using the off-duty police officer(s) and, if appropriate,
police vehicles.
e.
A check to cover the cost of off-duty police services and use of
any Borough vehicles based on the estimated number of hours shall
be submitted before the start of off-duty employment in accordance
with state and Division of Local Government services regulations.
No police officer shall work off-duty for any private contractor or
entity prior to clearance of the funds in the escrow account.
1.
If the contractor's or private entity's needs exceed the estimated
sum in the escrow account, the Borough's Chief Financial Officer shall
immediately notify the contractor or outside entity that the funds
in the escrow account are insufficient to pay for continued off-duty
police services. The contractor or private entity shall then either
replenish the escrow account with a check sufficient to pay for continued
services or the Chief of Police shall immediately terminate provision
of the off-duty police services to the contractor or private entity.
2.
If the contractor's or private entity's estimated costs exceed the
actual costs incurred, then the Borough shall, upon proper notice
to the Borough Chief Financial Officer, refund the remainder of the
escrow account.
f.
Rates for off-duty police services are:
1.
The rate of pay for off-duty police work for traffic jobs shall be
$95.00 per hour for the officer and $55.00 per hour administrative
fee to the Borough; for Borough traffic jobs shall be $75.00 for the
officer no administrative fee will be paid; for security jobs the
fee shall be $45.00 per hour for the officer and $15.00 per hour for
administrative fee for the Borough.
2.
The rate of pay charged to private entity performing work for or
pursuant to a contract for services with the Borough of Elmwood Park
is $60 an hour.
3.
The rate of pay charged to public and private schools and not-for-profit
organizations or corporations located in Elmwood Park or staging events
in Elmwood Park is $50 an hour.
4.
All off-duty work officers will be guaranteed a minimum of four hours
of work and will be compensated for any fraction of in quarter-hour
increments, or whole hour, thereafter. The failure of a contractor
or private entity to contact the Police Department at least three
hours in advance of the start of an assignment to cancel the request
for off-duty police services will result in the four-hour minimum
charge to the contractor or private entity.
5.
An addition to the amounts noted above, a per-hour administrative
fee of $45 for traffic duty and fifteen-dollar-per-hour administrative
fee for security detail will be charged to the contractor or private
entity which includes a Borough Police vehicle.
g.
Whenever a contractor or outside entity contracts with the Borough
Police Department for the services of a police officer during his
or her off-duty hours to engage in police-related activities, that
outside entity must first:
1.
Indemnify and hold the Borough harmless from and against any and
all losses, claims, damages or expenses, including reasonable attorney
fees, arising from the performance of police-related duties by such
off-duty Borough police officer on behalf of such entity. Such indemnity
agreement shall be in a form acceptable to the Borough Attorney.
2.
Provide the Borough, prior to utilization of the Borough police officer,
with a certificate of insurance from a company authorized to do business
in the State of New Jersey evidencing workers' compensation coverage,
personal liability and comprehensive general liability with policy
limits of not less than $1,000,000 and property damage liability coverage
of not less than $300,000. Such policies shall name the Borough as
an additional insured and shall remain in effect during the entire
period that the officer is employed by the outside entity.
h.
In the event a contractor determines not to use off-duty police officers,
the contractor must provide for their own traffic control and signage
unless the Chief of Police or the Borough determines that the contractor
must utilize off-duty police officers for safety purposes. In no event
does this provision preclude the Chief of Police from using on-duty
police officers, at any time, to perform these functions.
i.
All other ordinances in conflict or inconsistent with this section
are hereby repealed to the extent of such conflict or inconsistency.
In the event of any inconsistencies between the provisions of this
section and any prior ordinance of the Borough of Elmwood Park, the
provisions hereof shall be determined to govern. All other parts,
portions and provisions of the Revised General Ordinances of the Borough
of Elmwood Park are hereby ratified and confirmed, except where inconsistent
with the terms hereof.
j.
If any article, section, subsection, paragraph, sentence, clause
or phrase of this section is, for any reason, held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this section and they shall remain in full force and effect, and
to this end the provisions of this section are hereby declared severable.
k.
All ordinances or parts of ordinances inconsistent with this section
are hereby repealed or amended to the extent of such inconsistency.
[Added 1-24-2022 by Ord. No. 22-02]
a.
Establishment and Organization; Definitions.
1.
Borough of Elmwood Park Emergency Medical Service. The Borough of
Elmwood Park Emergency Medical Service is hereby created and established.
2.
AUTHORITY
CHAIN OF COMMAND
(a)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The right to issue orders, give commands, enforce obedience,
initiate actions, and make necessary decisions commensurate with rank
or assignments as provided for in the Emergency Medical Service rules,
policies, and procedures. Authority may be delegated by those designated.
Acts performed without proper authority or authorization shall be
considered to be in violation of the rules.
Vertical lines of communication, authority, and responsibility
within the organizational structure of the Emergency Medical Service.
The Elmwood Park Emergency Medical Service shall fall under
the direct supervision and responsibility of the Chief of Police of
the Elmwood Park Police Department and the Emergency Service Director
and/or the Borough Administrator.
3.
Directive.
(a)
A document detailing the performance of a specific activity
or method of operation. "Directive" includes:
(1)
General Order. A broadly based directive dealing with policy
and procedure and affecting one or more organizational subdivisions
of the Emergency Medical Service.
(2)
Personnel Order. A directive initiating and announcing a change
in the assignment, rank, or status of personnel.
(3)
Special Order. A directive dealing with a specific circumstance
or event that is usually self-canceling.
4.
Title of the Emergency Medical Service. Herein to be known as the
"Elmwood Park Emergency Medical Service (E.P.E.M.S.)."
5.
Emergency Medical Services. Any service, including transportation,
provided by the Emergency Medical Service to a potentially ill or
injured person in response to any call for Service.
6.
Emergency Medical Technician.
(a)
Employee/Member. A person who performs in the capacity of an
emergency medical technician not more than 28 hours per week.
(b)
May/Should. The action indicated is permitted.
(c)
Medical Director. Within the Emergency Medical Service, a Medical
Director is a physician who provides guidance, leadership, oversight,
and quality assurance for the practice of local paramedics and E.M.T.s
within a predefined area. In North America, Medical Directors are
typically board-certified in emergency medicine.
(d)
Order. Any written or oral directive issued by a supervisor
to any subordinate or group of subordinates in the course of duty.
(e)
Patient. Any person who receives emergency medical services
from the Emergency Medical Service.
(f)
Policy. A statement of emergency medical service principles
that provides the basis for the development of procedures and directives.
(g)
Procedure. A written statement providing specific directions
of performing emergency medical service activities. Procedures are
implemented through policies and directives.
(h)
Shall/Will. The action indicated is mandatory.
(i)
Supervisor. An employee assigned to a position requiring the
exercise of immediate supervision over the activities of other employees.
(j)
Third-Party Billing Agency. A business entity engaged by the
Borough of Elmwood Park for the purpose of effecting the billing of
patients and collecting payments therefrom, which payment shall be
remitted to the Borough of Elmwood Park.
b.
Division Created. Within the Department of Administration, more specifically
under the Police Department of the Borough of Elmwood Park, there
is hereby created a Division of Emergency Medical Service.
1.
Chief of the Division of Emergency Medical Services.
(a)
Position Created. The position of Director of Emergency Service
will also function as the Chief of the Division of Emergency Medical
Service and serve under the direction and supervision of the Police
Chief and or Borough Administrator and the Medical Director.
2.
Medical Director.
(a)
Position Created. The position of Medical Director will provide
guidance, leadership, oversight, and quality assurance for the practice
of local paramedics and E.M.T.s within the Borough of Elmwood Park.
The Medical Director shall be board-certified in emergency medicine
and serve under the direction and supervision of the Police Chief
and or Borough Administrator.
(b)
Appointment. The Medical Director shall be appointed by the
Mayor and Council with the recommendation from the Police Chief, Director
of Emergency Services and/or Borough Administrator.
c.
Membership; Officers and Uniformed Force; Table of Organization.
The Borough of Elmwood Park Medical Service shall consist of an E.M.S.
Director and as many other E.M.T. members as are or may be appointed
and approved by the Director of Emergency Services, Police Chief and/or
Borough Administrator, with final approval by and the authority of
the Mayor and Council.
1.
Officers must hold a valid New Jersey or national E.M.T. certification
and be residents of Elmwood Park or an immediate bordering municipality.
d.
Ownership of Assets; Expenses; and Operating Costs. All Emergency
Medical Service vehicles currently owned or purchased by the Borough
of Elmwood Park will remain the property of the Borough of Elmwood
Park (ref: Ambulances Unit # 449 and 892). All expenses and costs
for proper maintenance and operation of the Emergency Medical Service
vehicles and equipment shall be funded through revenue generated by
Elmwood Park E.M.S. services.
e.
Qualifications for Employees. No person shall be eligible to become
an employee of the Elmwood Park Emergency Medical Service unless such
person possesses and provides proof of the following qualifications:
1.
All applicants for membership shall be between the age of 18 and
the state maximum permitted age.
2.
Be physically fit to perform the duties of an emergency medical technician.
The applicant shall submit to a medical evaluation by a licensed physician
designated by the Borough.
3.
Be subject to a criminal background check and have no prior convictions
for any offense or crime.
4.
Be subject to a motor vehicle background check with no prior record
of careless or reckless driving, driving under the influence of drugs
or alcohol, or any other serious moving violation.
5.
Be subject to pre-employment and random drug testing.
6.
Be a certified emergency medical technician of the State of New Jersey
or national certification. Any lapse in certification will be cause
for immediate suspension of duties. Reinstatement will only occur
upon certification being reinstated.
7.
Possess a valid New Jersey driver's license.
8.
Application and approval for employment.
9.
Paid employees shall comply with and follow the Borough of Elmwood
Park Personnel Policy Manual and apply to the Borough as directed
by said Manual. Appointments as employees will follow the provisions
of the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 et seq.
10.
Volunteer members shall be appointed in the same fashion as all-volunteer
members in the Elmwood Park Fire Department, except that E.M.S. volunteers
need not be Firefighter 1 certified; they need only hold a certified
emergency medical technician certification of the State of New Jersey
or national certification.
11.
Volunteer trainees shall be appointed in the same fashion as all-volunteer
members in the Elmwood Park Fire Department. They will have 18 months
to obtain their certification as an E.M.T. and become a volunteer
member.
f.
Membership Roll; Identification.
1.
The names of the members and trainees shall be written upon the membership
roll maintained by the Emergency Service Director.
2.
A member and trainees shall be issued a photo identification card
as evidence of membership. This photo identification card shall be
surrendered to the E.M.S. Director when demanded or whenever a member
has been formally suspended from the Emergency Medical Service or
when the member shall cease to be a member of the Emergency Medical
Service.
g.
Classes of Membership/Employee. Members shall be divided into two
major classifications:
1.
A "per-diem member/employee" is defined as a member/employee who
is compensated at an hourly rate for his/her service in the Emergency
Medical Service.
2.
A volunteer member is any qualified person who meets the criteria
of a per-diem member but is not compensated in any way for their time
or expenses.
h.
Compensation.
1.
Per-diem members may work a maximum of 28 hours per week. This may
be exceeded only when a life-threatening incident requires personnel
recall or during a declared state of local emergency.
2.
Per-diem members shall be compensated at a rate established by the
Mayor and Council and included as part of the yearly salary ordinance
established and approved by the Borough Council.
3.
Any per-diem officer or member who is appointed to serve as a crew
chief on the ambulance for a period of 30 days or more and acting
in the capacity of Crew Chief will be compensated at the established
rate for that position.
4.
All members shall be covered by workers' compensation insurance and
group life insurance. In the event of a line-of-duty death, the Borough
shall ensure that all applications are processed and procedures are
followed for any eligible state or federal benefits.
5.
Per-diem members may be required to contribute a portion of their
wages to the Public Employees Retirement System ("PERS"). Employer
costs for PERS pension shall be funded through the medical billing
revenues.
i.
Emergency Medical Service Composition. The active roster of the Emergency
Medical Service shall be comprised of 25 per-diem E.M.T.s necessary
to maintain the operations of the Emergency Medical Service. The E.M.S.
Director is in addition to the twenty-five-person roster.
[Added 1-24-2022 by Ord.
No. 22-02]
a.
Composition of Board; Control of the Emergency Medical Service.
1.
The Director of Emergency Services, the senior E.M.T. Crew Chief,
the Medical Director, Chief of Police and/or Business Administrator,
the Mayor or his designee and a member of the Council, designated
by the majority members of the Council, shall constitute the Executive
Board. The Board shall meet quarterly or more frequently as needed
for the transaction of Emergency Medical Service business.
2.
The Board shall coordinate with the Director of Emergency Services
whenever matters pertaining to emergency medical services as set forth
in the rules and regulations of the Emergency Medical Service.
3.
Adoption of rules and regulations.
4.
The Borough Attorney shall be the designated legal counsel for the
Executive Board.
b.
The Executive Board is hereby authorized, empowered, and required
when necessary to adopt rules and regulations for the control, management,
and government of the Emergency Medical Service. These rules and regulations,
after adoption by the Executive Board, shall not become effective
and operative until presented and approved by the Director of Emergency
Services and Medical Director and authorized by the Mayor and Council.
c.
Application. These rules are applicable to all members of the Emergency
Medical Service.
d.
Distribution. One copy of these rules shall be distributed to each
member of the Emergency Medical Service. Each member will be required
to sign to confirm receipt of the document.
e.
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.
f.
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.
g.
Director of Emergency Services.
1.
The Director of Emergency Services will also function as the head
of the Division of Emergency Medical Service. Pursuant to municipal
ordinance, the Director shall be the head of the Emergency Medical
Service and shall be directly responsible to the Borough Administrator
for the efficiency and day-to-day operations of the Emergency Medical
Service. Pursuant to policies established by the Executive Board,
the Director shall:
(a)
Administer and enforce the rules and regulations of the Emergency
Medical Service and any special emergency directives for the disposition
and discipline of the Service and its members and officers;
(b)
Have, exercise, and discharge the functions, powers, and duties
of the Emergency Medical Service;
(c)
Prescribe the duties and assignments of all members and officers;
(d)
Delegate such authority as may be deemed necessary for the efficient
operation of the Emergency Medical Service;
(e)
Report at least monthly to the Borough Administrator, in such
form as shall be prescribed, on the operation of the Emergency Medical
Service during the preceding month and make such other reports as
may be requested by the appropriate authority.
(f)
Prepare and submit the annual budget and proposed expenditure
programs to the appropriate authority or other designated officials.
(g)
Allocate funds within the budget, which are appropriated by
the governing body.
2.
Responsibilities of the Executive Board. The responsibilities of
the Executive Board are, subject to the approval and oversight of
the Mayor and Council, as follows:
(a)
To maintain the efficient operation of the Emergency Medical
Service.
(b)
To organize, control and maintain all property and resources
of the E.M.S.
(c)
To develop and implement policies and procedures necessary to
govern and direct the day-to-day operations of the E.M.S.
(d)
To provide for the proper training of all members.
(e)
To maintain the overall discipline of the Division of Emergency
Medical Service.
(f)
To maintain a constructive relationship with the public, community
organizations, the media, and other agencies.
3.
Appointment of an E.M.S. Director. The Mayor and Council shall appoint
an E.M.S. Director. He/she can be a part-time Borough employee and
be designated as a Department Head of the Emergency Medical Service
Program.
(a)
Qualifications:
(1)
Be not less than 18 years of age.
(2)
Be subject to a criminal and motor vehicle background
check.
(3)
Possess a valid New Jersey driver's license.
(4)
Possess and E.M.T. Certification, knowledge of
emergency medical care, and the process and procedures of emergency
medical services.
(5)
Possess knowledge of computers and common programs,
including Microsoft Word and Excel.
(6)
Be available to manage absences and other problems
involving shift schedules.
(7)
The applicant is not required to be a member of
the Emergency Medical Service or a current employee of the Borough;
however, preference should be given to a member who meets the qualifications.
(b)
Responsibilities:
(1)
Maintain the staffing schedule of the Emergency
Medical Service, ensuring that all shifts are fully staffed without
exception.
(2)
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.
(3)
Maintain a call-out roster of those members available
to respond to general calls.
(4)
Collect, review, and forward all run sheets and
forward them to the authorized billing agency.
(5)
Collect and forward to appropriate officials all
personnel and training records as prescribed in the rules and regulations.
(6)
Collect, review, and forward all timesheets to
the Borough for payroll processing.
(7)
Perform any and all other functions necessary to
ensure that shifts are staffed, and information is provided to the
billing agent.
(c)
The E.M.S. The Program Director will be an employee subject
to all requirements, allowances, and regulations of such employees
set forth in the Borough Personnel Policy Manual and Borough Code.
(1)
The appointee shall serve a probationary period
of six months.
(2)
The E.M.S. Program Director will submit a monthly
activity report to the Borough Administrator. The Borough Administrator
will include this report in his/her monthly report to the Mayor and
Council.
(3)
The E.M.S. Director shall coordinate the activities
of all volunteer members assigned to the Division of Emergency Medical
Service in all aspects of training, Service, and assignments with
Township B.L.S. units.
(4)
Compensation. The E.M.S. The Program Director will
be compensated at a yearly rate negotiated with the Mayor and Council.
h.
Appointment of Crew Chiefs.
1.
Members who meet the qualifications for the position of E.M.S. Crew
Chief may submit their names for consideration. These names shall
be presented to the E.M.S. Director for review. The E.M.S. Director
will review the qualifications of all interested members. The E.M.S.
Director may conduct interviews to establish facts, such as available
time and management skills. The E.M.S. Director shall make recommendations
to the Mayor. The Mayor will appoint the E.M.S. Crew Chiefs.
i.
Command of Emergency Medical Service.
1.
General Supervision of Emergency Medical Service. The E.M.S. Director
shall have the general supervision of the Service in conjunction with
the Medical Director. Said general supervision by the E.M.S. Director
shall not conflict with such rules and regulations for the government
and management of the Emergency Medical Service. The E.M.S. Director
shall coordinate with the Borough Administrator in the daily operations
and management of the Emergency Medical Service.
2.
Command at calls for Service.
(a)
In all cases of calls for Service, the E.M.S. Director shall
have full power and absolute command and control under the authority
of this section.
(b)
When the E.M.S. Director is absent from the call for service;
the highest-ranking line officer shall assume the duties of command
until relieved by a higher-ranking officer under the authority of
this section.
(c)
When all officers are absent from the call for Service, the
on-duty Crew Chief shall assume the duties of command.
3.
Monthly report by E.M.S. Director. The Director shall report monthly
to the Mayor and Council, including the number of calls for service
for the month, the condition of apparatus and equipment, personnel
status, and any other business.
j.
Service and Conduct.
1.
Response to Calls for Service. The on-duty crew members shall respond
immediately to the call for service unless otherwise directed by the
officer in charge.
2.
Training and Drills. The Director or his/her designee shall maintain
a schedule of training and drills and shall activate the Emergency
Medical Service 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 Emergency
Medical Service and any elective training sessions as the E.M.S. Director
may deem it 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 are not covered by
the state or other agencies.
3.
Record of Calls for Service and Training Exercises. The E.M.S. Director
shall keep a permanent record of the duty time and attendance at training
sessions of each active member of the Emergency Medical Service.
4.
Authorized Drivers.
(a)
Any member of the Emergency Medical Service who drives any Borough
vehicle must complete the required driver training as set forth in
the rules and regulations of the Emergency Medical Service. Members
of other Borough agencies shall be permitted to operate an ambulance
if having completed the adequate driver training course; however,
they will only be permitted to drive as long as the proper minimum
requirements are maintained for adequate staffing of an ambulance.
(b)
All drivers are subject to an annual driver's license abstract
check to be conducted by the Borough of Elmwood Park.
5.
Request for Repairs or Supplies. All requests for repairs or supplies
for the Emergency Medical Service shall be presented to the Director
for approval. Purchases shall be made in accordance with applicable
state and municipal regulations.
6.
Unauthorized Repairs; Emergencies. No member of the Emergency Medical
Service shall be permitted to tamper with, fix, or repair any apparatus
unless directed to do so by the Director or his/her designee, and
then only in the case of an emergency.
7.
Rules of Conduct.
(a)
General Conduct.
(1)
Performance of Duty. All members shall promptly
perform their duties as required or directed by law, Emergency Medical
Service rules, policy or directive, and by lawful order of a supervisor.
(2)
Obedience to Laws and Rules. Members shall obey
all laws, ordinances, regulations, policies, procedures, and directives
of the Emergency Medical Service.
(3)
Reporting Violations of Laws and Rules. Members
knowing of other members violating laws, regulations and statutes,
ordinances, or rules of the Emergency Medical Service shall report
same in writing to the Director.
(5)
Conduct Toward other Department Employees. Members
shall treat other Emergency Medical Service members with respect.
They shall be courteous and civil at all times in their relationships
with one another. When on duty and in the presence of the public,
officers should be referred to by rank.
(6)
Fitness for Duty. Personnel shall maintain sufficient
physical and psychological conditions 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 New Jersey driver's license. Whenever
a driver's license is revoked, suspended, or lost, 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.
k.
Alcoholic Beverages and Drugs.
1.
The Borough of Elmwood Park recognizes that the possession or use
of unlawful drugs and the abuse of alcohol pose a threat to the health
and safety of all employees. Any employee who is observed by a supervisor
to be intoxicated or under the influence of alcohol or drugs during
working hours or is under the reasonable suspicion of same shall be
immediately tested and is subject to discipline up to and including
termination.
2.
The Department head will immediately report any reasonable suspicions
to the Borough Administrator.
l.
Judicial Appearance and Testimony Regarding E.M.S. Matters.
1.
Members shall not volunteer to testify in actions arising out of
Emergency Medical Service 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. They shall consult with the Director and the Borough Administrator
before responding to any such subpoena, giving a deposition, or signing
an affidavit.
2.
Court Appearance. When appearing in court on the Emergency Medical
Service business, members shall wear the Emergency Medical Service
uniform or appropriate business attire.
3.
Department Investigations. Members must answer questions, file reports,
or render material and relevant statements in an Emergency Medical
Service 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.
4.
Truthfulness. 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.
m.
Policy for Emergency Medical Services Billing.
1.
Purpose.
(a)
The Borough of Elmwood Park recognizes the need to bill for
the provision of emergency medical services to aid in the provision
of those services.
(b)
No person requiring emergency medical services shall be denied
services due to a lack of insurance or ability to pay.
(c)
Whereas the Elmwood Park Emergency Medical Service is funded
by local taxes, it is in the best interest of the residents of Elmwood
Park to establish the payment plan in accordance with the Health Care
Finance Administration (HCFA) guidelines so that residents will not
be responsible for any out-of-pocket expenses.
2.
Billing for Service.
(a)
The Elmwood Park Emergency Medical Service (the "program") shall
obtain licensure from the New Jersey State Department of Health.
(b)
The Borough of Elmwood Park 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").
(c)
All patients, whether or not residents of the Elmwood Park and/or
their financially responsible parties, insurers, or carriers, will
be billed for emergency medical services provided by Elmwood Park
Emergency Medical Service according to the fee schedule established
herein or at rates established by the Borough of Elmwood park from
time to time.
(d)
A patient who receives emergency medical services from the Emergency
Medical Service is obligated at the time of Service, or as soon as
practicable thereafter, to provide the Emergency Medical Service with
all pertinent insurance and 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 and may accept payment
on an assignment basis.
(e)
All patients shall be liable for any co-payment or deductible
amounts not satisfied by public or private insurance. 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 coinsurance 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.
(f)
The Borough shall not bill any Elmwood Park resident for any
fee, balance, deductible, or co-payments not satisfied by public or
private insurance, including Medicare/Medicaid, nor will the Borough
bill an Elmwood Park resident for emergency medical services provided
if the resident is not covered by private or public insurance.
(g)
The Borough of Elmwood Park 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:
(h)
A patient for whom the Borough of Elmwood Park has not received
payment from a third-party payer on assignment and who receives compensation
directly from a third-party payer for emergency medical services rendered
by the Emergency Medical Service 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 send such funds may be held liable for
costs of collection in addition to the charges for emergency medical
services rendered.
(i)
The Borough of Elmwood Park shall be authorized to enter into
contracts with area hospitals that provide advanced life support (A.L.S.)
services to patients transported by the Elmwood Park Emergency Medical
Service. This will allow the hospitals to bill for emergency medical
services and reimburse the Borough for its transportation costs within
45 days of receiving payment.
3.
Procedure for third-party emergency medical services billing.
(a)
Billing Responsibility: The Township Business Administrator
and the Township Chief Financial Officer, in consultation with the
municipality's EMS program consultant, will be responsible for the
plan's billing.
(b)
The Borough of Elmwood Park may by resolution authorize the
Mayor and or the Borough Administrator and Borough Clerk to enter
into a contract with a third-party billing agency for the performance
of E.M.S. billing and collection services; provided, however, that
the following standards for such third-party billing contracts are
met:
(1)
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.
(2)
Neither the billing agency nor its employees are
subject to exclusion from any state or federal health care program.
(3)
The billing agency is bonded and/or insured in
amounts satisfactory to the Borough of Elmwood Park.
(c)
A detailed listing of patients who utilize emergency medical
services provided by Elmwood Park Emergency Medical Service will be
compiled by the Borough of Elmwood Park. This information will be
transmitted to the third-party billing agency. The information will
be subjected to the confidentiality requirements of applicable law.
This information will include, at a minimum, the following:
(1)
Name, address, and telephone number of patients.
(2)
Name, address and claim number of insurance carrier,
if applicable.
(3)
Date, time, and E.M.S. chart number.
(4)
Point of origin and destination.
(5)
Odometer reading at point of pick up and destination.
(6)
Reason for transport/patient's complaint/current
condition.
(7)
Itemization and description of services provided
and charges.
(8)
Signature of the patient, when possible, or authorized
decision maker.
(9)
Name of receiving physician.
(10)
Names, titles and signatures of ambulance personnel,
when possible.
(d)
The third-party billing agency shall obtain the information
from the Emergency Medical Service and will bill the patient and/or
their financial representative parties, insurers, or carriers according
to the fee schedule established herein; provided, however, that the
third-party billing agency shall not bill any Elmwood Park resident
for any fee, balance, deductible, or co-payment not satisfied by public
or private insurance, including Medicare/Medicaid, nor will the Borough
bill an Elmwood Park resident for emergency medical services provided
if the resident is not covered by private or public insurance.
(e)
The fee for emergency medical services shall at the onset as
follows:
(1)
$800 plus $9 per mile per trip.
(2)
Non-transportations, where aid is provided, shall
be billed at a rate of $400. A fee of $250 will be charged when medical
attention is refused (R.M.A.).
(3)
The Executive Board shall make all necessary recommendations
to the Mayor and Council in the review and amendment and establishing
future fee changes and schedules and those changes to fees for services
shall be reviewed and approved by way of resolution by the Mayor and
Council on a yearly basis.
4.
The Director shall review the fees for services listed in paragraph
3 above annually and adjust said fees based on the recommendation
of the E.M.S. Director and the Borough Financial Officer, the Mayor
and Council approval and in accordance with the federally approved
Medicare fee schedule.
5.
The Borough of Elmwood Park may, at its discretion, bill additionally
for materials, vehicle, and/or personnel costs in the case of major
or unique incidents.
[Added 4-21-2022 by Ord.
No. 22-08; amended 4-20-2023 by Ord. No. 23-10]
a.
The
position of Police Chaplain for the Borough of Elmwood Park is hereby
created in accordance with N.J.S.A. 40A:14-141. The position will
be a volunteer position. The position of Police Chaplain shall be
subject to the control of the Chief of Police.
b.
The
Chief of Police shall recommend to the Borough Administrator person(s)
that he/she believes meets the qualifications of N.J.S.A. 40A:14-141
as well as the rules and regulations of the Borough of Elmwood Park
Police Department with reference to chaplains, if any. All applicants
for the position of Chaplain shall be reviewed by the Chief of Police
and Borough Administrator to determine that his/her qualifications
are in accordance with this article and shall make recommendations
to the Mayor and Council. The Mayor and Council shall appoint Chaplains
in accordance with this article.
c.
Any
person appointed as Chaplain shall be an ordained clergyman in good
standing in the religious body from which he/she is selected. The
Chaplain shall be a certified Police Chaplain credentialed in accordance
with the rules and regulations of the Borough of Elmwood Park Police
Department and shall be qualified in accordance with N.J.S.A. 40A:14-141.
d.
Authority;
Duties; Procedures.
1.
Authority.
(a)
The office of the Chaplain is to be of service to the Chief
of Police, officers, patrolmen, their families, and the residents
of the Borough of Elmwood Park.
(b)
The Chaplain is a staff assistant to the Chief and may be consulted
for any purpose by the Chief or supervisory people. It is understood
that all communications with the Chaplain, whether of a personal or
professional nature by members of the Police Department, will be held
in confidence.
(c)
The Chaplain shall be a sworn officer of the Police Department
of the Borough of Elmwood Park but is foremost a duly ordained minister
and an experienced representative of his or her denomination. It shall
be the responsibility of the Police Department to provide the Chaplain
with necessary insurance, uniforms, and equipment.
(d)
The Chaplain is considered a staff assistant to the Chief of
Police and is authorized to act in his name where the presence of
police officers requires the assistance of the Chaplain. When on duty,
the Chaplain shall be properly distinguished by his insignia and identification
and shall conduct himself in a manner becoming his role and denomination.
2.
Duties and responsibilities.
(a)
The Chaplain is requested to perform the following duties and
such other duties that the Chief of Police may request:
(1)
Assist Police Department officials in informing
families receiving serious injury or death.
(2)
When an officer is seriously injured or killed
on duty, respond to the hospital on request and work with the hospital
staff and hospital chaplain according to standard and ethical courtesies.
(3)
Visit sick or injured police personnel at home
or in the hospital.
(4)
Attend and participate in funerals of active and
retired members of the Police Department.
(5)
Counsel officers with personal problems.
(6)
Conduct memorial services.
(7)
Participate in in-service training programs.
(8)
Attend departmental graduations, promotions, award
ceremonies, and other invocations and benedictions.
(9)
Assist in programs and plans for youthful offenders.
(10)
Assist in improving public relations.
(11)
Notify, as soon as possible, an involved person's
clergyman in case of a death or serious accident.
(12)
Make proper referrals in unique cases which need
specialized attention.
(b)
The Chaplain shall also produce monthly reports detailing his
activities and a yearly report to be submitted to the Chief of Police,
the Mayor, and the Borough Council.
(c)
The Chaplain should meet on a regular basis with the Chief of
Police and superior officers for the purpose of ongoing evaluation,
developing programs, and discussion of departmental morale.
3.
Regulations and procedure.
(a)
The Chaplain should have a working knowledge of the duties of
law enforcement officers shall, keep abreast of new procedures, and
be willing to attend training sessions and programs. In addition,
the Chaplain shall comply with the following procedures:
(1)
The Chaplain shall conform to all police procedures
and department regulations insofar as applicable.
(2)
The Chaplain shall be on a telephone call with
the Chief of Police, Department members, and dispatchers.
(3)
The Chaplain shall not publicly comment on any
law enforcement officer, department official, or department policy
or action.
(4)
The Chaplain shall not release any information
to the public without the approval of the Chief of Police and the
person or officers involved.
e.
Any
person appointed as Chaplain shall serve in that capacity without
rank or salary. The position will be a volunteer position.
f.
A person
appointed as Chaplain shall serve from the date of appointment and
shall continue in that capacity for a period of one year or until
such time as reappointed or a replacement is appointed, the initial
period shall be from the first date of appointment until December
31 of the year of appointment, and every year thereafter until termination,
resignation, or retirement from the position. The Chief of Police
shall be notified and consulted should any of these options be exercised.
[1969 Code § 31-1]
The Fire Department of the Borough of Elmwood Park is hereby
established and equipped within the territorial limits of the Borough,
to be known as the Volunteer Fire Department of the Borough of Elmwood
Park. The use of the fire apparatus of the Borough is entrusted to
Defender Company No. 1, Defender Company No. 2, Defender Company No.
3 and Defender Company No. 4. The members and officers of the Fire
Department shall consist of the members of the aforementioned companies
upon the signing of the membership roll of the Fire Department, and
whereby they promise to perform the duties of a Firefighter as prescribed
by this section or any other ordinance which may be hereafter adopted,
and the bylaws of the Fire Board and the bylaws of their respective
companies. All changes in the personnel of the Fire Department shall
be reported to the Mayor and Council for their approval.
The Department shall be divided into four companies, to be known
as follows:
[1969 Code § 31-3]
The management and control of the Department shall be vested
in the Fire Board, who are authorized to adopt bylaws for the control,
government, management and regulation of the Department, such as shall
not conflict with this section. The Fire Board shall be composed of
seven members, consisting of the Chief, who shall be elected by a
majority vote of the active members of the Department for a term of
one year, three members of Public Safety Committee and three preceding
Chiefs, all of whom shall serve in such capacity for one year.
[1969 Code § 31-4]
No member of the Department shall be eligible for the appointment
of Chief who has not been a member of the Department for at least
five years, during one of which years he shall have acted as Assistant
Chief.
[1969 Code § 31-5]
The Chairman of the Public Safety Fire Committee shall be the
presiding officer at the meetings of the Fire Board, which Board shall
meet the first Wednesday of each month or more frequently if necessary.
[1969 Code § 31-6]
The Fire Board shall have jurisdiction of all matters of dispute
arising in the Department and shall hear and decide the same and submit
its findings, and report to the Mayor and Council for their approval
or disapproval.
[1969 Code § 31-7]
There shall be elected annually a Chief of the Fire Department,
an Assistant Chief, First Battalion Chief, Second Battalion Chief
and such other officers as the Department shall deem necessary, who
shall hold office for one year.
[1969 Code § 31-8; Ord. No. 09-7 § 1; amended 2-16-2023 by Ord. No. 23-02]
No one shall be permitted to serve in any office for more than
three consecutive one-year terms, unless there is no other candidate
from a company who meets all the requirements for said office. This
limitation shall apply to the position of Chief, Assistant Chief,
and Battalion Chief only.
[1969 Code § 31-9]
The position of Chief, Assistant Chief, First Battalion Chief
and Second Battalion Chief shall rotate yearly, in the following order:
a.
Chief: Company No. 1.
b.
Assistant Chief: Company No. 2.
c.
First Battalion Chief: Company No. 3.
d.
Second Battalion Chief: Company No. 4.
e.
In the event of the reelection of the aforementioned officers for
another year, the order of rotation will continue the expiration of
the respective terms.
[1969 Code § 31-10]
The results of the annual election shall forthwith be certified
to the Mayor and Council, who shall confirm such election at the annual
organization of the Mayor and Council. After confirmation by the Mayor
and Council, the person so elected shall immediately take office.
[1969 Code § 31-11; Ord. No. 77-10]
The active memberships of Defender Companies No. 1, No. 2, No.
3, and No. 4 shall be limited to 28 members for each Company. The
membership roll may be increased from time to time if the need may
arise by appropriate action of the Borough Council after request for
additional members has been made by the Company desiring the increase
and after approval by the Fire Board.
[Ord. No. 70-8; Ord. No. 77-10 §§ 1 - 12; Ord. No. 87-12; Ord. No.
95-9 § 1; Ord. No. 00-16 § 1]
a.
Members of all four Companies shall be of the age of 18 and not more
than 40 years at the time of their election to membership. They must
be residents of the Borough at the time of their election and must
continue their residence in the Borough during their membership in
the Department; they must be citizens of the United States or legally
residing in the United States during their term of membership. All
candidates for membership shall be residents of the territorial district
of the Company in which they make application for membership. This
residency requirement may be waived only upon mutual agreement of
the Fire Company located in the territorial district wherein the candidate
resides and the Company to which the candidate makes application for
membership.
b.
Probationary Period. An applicant for membership into the Elmwood
Park Fire Department shall serve a probationary period of six months,
to commence upon passage of a resolution by the Mayor and Council
accepting the application as a probationary member. Such member shall
at the end of the probationary period be admitted into permanent membership
unless he/she is notified by the Company of which he/she is a probationary
member that he/she shall not be accepted as a permanent member. Immediately
following a nonacceptance vote, a notice shall be served upon the
probationary member by certified mail, return receipt requested, at
his/her last known address which notice shall specify the basis upon
which permanent membership has been refused. The probationary member
shall be entitled to a hearing before the Fire Board within 30 days
of the receipt of the notice of nonacceptance by the probationary
member. If the applicant desires a hearing, the applicant should request
the same in writing to the Borough Clerk. The Fire Board shall either
confirm or reverse the action of the Company. If the action is confirmed,
the probationary member shall be dismissed from the membership. If
the action is reversed, the probationary member shall be admitted
to permanent membership. Upon acceptance as a permanent member, the
members date of membership shall be deemed to be the date upon which
his/her probation period commenced.
c.
Provisions for Applicants Who Are Not Residents.
1.
The Fire Department of the Borough of Elmwood Park may, with the
consent of the Mayor and Council, accept as members any person residing
within a one mile radius of the borders of the Borough of Elmwood
Park, including the City of Garfield, the Borough of Saddle Brook,
the Borough of Fair Lawn, the City of Clifton, and the City of Paterson.
This person need not be a member of a volunteer fire company or a
full time paid fire company to become a member of the Fire Department
of the Borough of Elmwood Park. In the event that the applicant is
not a volunteer Firefighter, this person must apply in accordance
with the rules, regulations and the ordinances of the Borough of Elmwood
Park for membership in the Elmwood Park Volunteer Fire Department
and undergo all necessary training required.
2.
Any full-time employee of an employer who has a business establishment
within the Borough of Elmwood Park whose employees are volunteer Firefighters
in other municipalities shall permit their employees to respond to
a fire emergency in the Borough of Elmwood Park on the call of the
Chief of the Borough of Elmwood Park Volunteer Fire Department. The
employer shall provide to the Mayor and Council and to the Chief of
the Fire Department in the Borough of Elmwood Park an authorization
in writing stating that such designated employee may leave his or
her place of employment in the event of an emergency to respond to
a fire emergency. Such written authorization shall be submitted with
the application for membership in the Elmwood Park Volunteer Fire
Department.
3.
In the event the employee of an employer that has a business establishment
within the Borough of Elmwood Park shall not be a Volunteer Firefighter
or not be a Volunteer Firefighter in another municipality, but wishes
to participate as a Volunteer Firefighter in the Borough of Elmwood
Park, the employee shall make application in accordance with the rules
and regulations of the Borough of Elmwood Park and the Borough Volunteer
Fire Department and undergo all necessary and required training. Upon
acceptance by the Fire Department and the Mayor and Council as a Volunteer
Firefighter, the employer of such employee shall also provide written
authorization as required in the preceding subsection.
[Ord. No. 10-03 § 1]
All candidates for membership shall, as a condition precedent
to their assuming their duties as members:
a.
Be approved by the Fire Board and the Mayor and Council of the Borough.
b.
Sign the membership roll of the Department, on file in the office
of the Borough Clerk.
c.
Agree to perform the duties of a firefighter as prescribed by this
section and any other ordinance which may hereafter be adopted.
d.
Agree to be governed by the bylaws of the Company of which he is
a member, and such rules and regulations as may be promulgated from
time to time by the Fire Board and by the Borough Council. All members
must be voted on by ballot in accordance with the bylaws of their
respective companies.
e.
Submit to a physical examination.
[1969 Code §§ 31-14 through 31-19]
a.
Term of Office. Each of the Companies of the Department shall elect
its own Captain and such other officers as its bylaws may determine,
or as set forth in this section, to serve for a term of one year.
b.
Time of Elections. The election of said officers of the respective
Fire Companies shall take place at the annual meeting of each Company.
c.
Election Procedure. The election shall be by ballot, and no member
shall be elected to office unless he shall have received the majority
of all the votes cast and is an active member in good standing, present
at said election, it being understood there shall be no voting by
proxy.
d.
Commencement of Duties. The officer or officers as elected shall
enter upon the duties of his office on January 1 immediately following
his election.
e.
Vacancies. In the event that a vacancy occurs during the term of
office of the Fire Chief by reason of death or otherwise, then the
Assistant Chief shall immediately become the acting Chief until the
next annual election.
f.
Elections to Fill Vacancies. If any vacancies shall occur, excepting
the Fire Chief, among the officers, the unexpired term shall be filled
at the next regular meeting of the Department. Elections to fill vacancies
shall be by ballot, subject to the same rules hereinabove prescribed
for election of officers at the annual election.
[1969 Code §§ 31-20, 31-21]
a.
Sole and Absolute Command at Fires. The Fire Chief shall, in case
of fire, have sole and absolute command of the Department and the
fire apparatus and cause them to be used in such a manner as will,
in his judgment, most quickly and effectively extinguish the fire.
In the absence of the Chief and the Assistant Chief and the two Battalion
Chiefs, the Captain in whose district the fire occurs shall have full
power and control and command.
b.
Use of Fire Hydrants; Notification of Water Department. The officer
in charge of a fire shall, upon returning to the firehouse, notify
the Water Department of the number of water hydrants used.
[1969 Code §§ 31-22 — 31-26]
a.
Control and Maintenance. Each Company shall be charged with the care
and operation of the fire apparatus and firefighting equipment allocated
to it by the Mayor and Council. The Chief of the Fire Department shall
supervise and control each Company.
b.
Apparatus Outside of Borough Limits. No apparatus shall be taken
outside of the limits of the Borough in answering a fire call of a
neighboring municipality without first obtaining permission from the
Fire Commissioner, or, in his absence, from the Chief or Assistant
Chief, or from any other member of the Public Safety Fire Committee.
At no time shall all the apparatus leave the Borough.
c.
Annual Inspection of Apparatus. There shall be an annual inspection
of the fire apparatus by the Mayor and Council on any given date between
May 1 and September 30, the date to be designated by the Fire Officers
and agreeable to the Mayor and Council.
d.
Active Member to Accompany Equipment. No apparatus shall leave the
firehouse with less than one active member of the Department as driver.
e.
Authorized Persons to Ride Equipment. None but active members of
the Fire Department shall ride on any apparatus without permission
of the Officer-in-Charge.
a.
Responding to Fire Alarms. It shall be the duty of all members to
respond immediately to all fire alarms.
b.
Attendance at Meetings. It shall be the duty of each member to attend
the regular meeting of his Company in accordance with his Company's
bylaws.
c.
Leaves of Absence. It shall be the duty of each member to notify
the Captain of his Company within 10 days of any change he may make
in his residence, and on leaving the Borough for a longer period then
30 days, he shall notify the Secretary of his Company and obtain permission
for such leave of absence. Such leave of absence shall not be for
a longer period than one year.
1.
Any member entering the armed forces of the United States, and including
those members who have heretofore joined the armed forces of the United
States, when in a state of national emergency, shall be granted a
leave of absence until such time as he can again perform his duties
as a Firefighter or until such time that the State or National emergency
has been lifted. Such member, during his service in the armed forces,
shall receive his annual percentage and salary during such period.
2.
Any member who has been declared physically unfit to continue as
an active fireman, and under the age of 55 years, may apply for a
leave of absence for a period not longer than one year. If at the
end of the one-year period, upon reexamination, the Firefighter is
still unfit to perform his duties, he shall then be dropped from the
active roll upon the report of the Fire Surgeon to the Fire Board
and the Mayor and Council.
d.
Command in the Absence of Superior Officers. On an alarm, the first
member arriving at the firehouse may take command until the arrival
of his superior officers, and in case only one of his superior officers
is present, then he is to take assistant command.
e.
Drill Requirements. It shall be the duty of each member to attend
such drill called by the Chief or Assistant Chief of the Fire Department
or his Fire Company Captain. No drill shall be called without the
permission of the Chief of the Department or the Fire Company Captain.
f.
Requirement to Obtain Exemption Status. Members, in order to obtain
any exemption, shall do at least 60% active duty, which shall include
fires and drills.
g.
Compensation. The active members of the Department in good standing
who have responded to 60% or over of the calls for duty in attendance
at fires and fire drills shall annually receive the sum stated in
the annual Salary Ordinance and filed in the Borough Clerk's office.
The active members in good standing who have responded to 30% or over
of the calls for duty in attendance at fires and fire drills shall
receive the sum stated in the Salary Ordinance which is on file in
the Borough Clerk's office. Any active member whose percentage of
attendance is less than 30% shall receive no compensation.
h.
Record of Attendance to be Kept by Captain. The record of attendance
shall be kept by the Fire Company's Captain. The Captain shall report
to the Chief monthly the percentage of fires attended for that month
by his men. When a member of the Department responds to a fire call
of another Company, the Captain of that Company shall keep such a
record and forward a copy of the same monthly to the Captain of the
Company of such member and to the Chief.
[1969 Code § 31-36]
The active members of the Department who have served seven or
more years on active duty and who have for seven or more years attended
60% of all fires and all fire drills shall be entitled to a Certificate
of Exemption. All applications for a Certificate shall be investigated
by the Chief of the Department and approved by the Fire Board and
then referred to the Mayor and Council with his recommendation. The
Mayor and Council shall, after consideration of same, refuse or grant
the Certificate.
[1969 Code § 31-37; Ord. No. 10-03 § 2]
Any active Firefighter who has been injured or who is in ill
health shall submit to a physical examination at such times as requested
by the Chief for a Certificate of Fitness to continue as an active
Firefighter. In the event an active Firefighter refuses to submit
to such examination or in the event an examination discloses an inability
to perform the duties of an active Firefighter, the member shall be
automatically dropped from the active roll upon the report of the
physician to the Fire Board and the Mayor and Council.
[1969 Code § 31-38]
In the event that any Firefighter shall die during the course
of the year, the annual salary of such deceased Firefighter shall
be paid to his widow, and if he leaves no widow, then to his heirs.
[1969 Code § 31-42; Ord. No. 85-8]
In the event a Firefighter shall fail to do his/her duty at
the time of a fire, fire drill inspection or firematic duty, he/she
shall be charged with insubordination or conduct unbecoming a member
of the Fire Department, and such member shall be brought, upon written
charges, by such Officer-in-Charge at the time before the Fire Board
for trial. After the trial, if the Firefighter is convicted of the
charges, the Fire Board shall determine the penalty for such offense
and may order: an official reprimand; a suspension for a specific
period of time; expulsion from Fire Department; or such other penalty
as the Fire Board shall deem appropriate as to the circumstances of
the case. The Fire Board shall then forward their determination to
the Mayor and Council for their approval.
[1969 Code § 31-43; Ord. No. 85-8]
In the event a Firefighter shall be found guilty of a violation
of his/her Company's bylaws and regulations, such member shall be
brought upon written charges before his/her own Company, and, in the
event he/she is found guilty, such result shall be reported to the
Fire Board. If a proper hearing has been given to the member, the
Fire Board shall determine the penalty for such offense and may order:
an official reprimand; a suspension for a specific period of time;
expulsion from Fire Department; or such other penalty as the Fire
Board shall deem appropriate as to the circumstances of the case.
The Fire Board shall then forward their determination to the Mayor
and Council for their approval.
[1969 Code § 31-44]
All members of the Fire Department, including but not limited
to active members, exempt members, associate members and Company Officers,
shall receive an annual clothing allowance, payable in the amount
provided for in the annual budget of the Borough.
[1969 Code § 31-45]
Upon election to membership, each member shall be presented
with a badge which shall be returned upon resignation or expulsion
from the Department. Each member shall be sworn in by the Chairman
of the Public Safety Fire Committee.
[1969 Code § 31-46]
All business meetings of the Department shall be held in accordance
with Cushing's Manual.
[1969 Code §§ 31-47 through 31-51]
a.
Creation. There is hereby created in the Borough the office of Fire
Surgeon.
b.
Qualifications. The Fire Surgeon shall be a New Jersey licensed physician.
c.
Term of Office. The Fire Surgeon shall hold office for the term of
one year, commencing January 1 of the year of his appointment.
d.
Appointment. The Mayor shall nominate, and with the advice and consent
of the Council, appoint the Fire Surgeon for the term of one year,
or for the unexpired term if there be a vacancy. The Mayor shall make
such nomination within 30 days after a vacancy is created. If the
Mayor fails to nominate within 30 days or the Borough Council fails
to confirm any nomination made by the Mayor, then after the expiration
of 30 days, the Borough Council shall appoint a Fire Surgeon to fill
the vacancy. No appointment shall be made except by the vote of a
majority of the members of the Council present at the meeting, provided
that at least three affirmative votes shall be required for such purpose,
the Mayor to have no vote thereon except in case of a tie.
[1969 Code §§ 31-39 — 31-41]
a.
Retirement to Associate Membership. Any active Firefighter who has
reached the age of 65 years shall become an Associate Member of the
Fire Department.
b.
Clothing Allowance for Associate Members. Any active member who decides
to become an Associate Member of the Fire Department prior to age
65 shall be subject to recall within the discretion of the Chief and
shall be entitled to a clothing allowance in accordance with the following
schedule:
c.
Residence Requirement. Any active Firefighter who becomes an Associate
Member of the Fire Department shall remain a resident of the Borough
of Elmwood Park in order to receive the scheduled clothing allowance
as heretofore set forth.
[1966 Code §§ 31-54 — 31-62]
a.
Establishment. An Auxiliary Fire Department for the Borough of Elmwood
Park is hereby established. The Auxiliary Fire Department shall consist
of exempt Firefighters who have been exempted by the Borough and who
abide by the rules and regulations as hereinafter established in this
subsection.
b.
Members. All members in good standing of the Exempt Firemen's Association
of the Borough shall, upon signing of the roll with the Borough Clerk,
become members of the Auxiliary Department.
c.
Application for Membership.
1.
All exempt Firefighters who have been exempted by the Borough and
who are not members of the Exempt Firemen's Association shall apply
for membership in the Association, and upon being accepted, their
names shall be placed upon the roll of the Auxiliary Association.
2.
In the event membership is denied in the Exempt Firemen's Association
to any man so applying for membership, for reasons other than those
involving moral turpitude, then upon application to the Mayor and
Council, such applying exempt Firefighters may be placed upon the
roll.
d.
Meeting Requirement. An Auxiliary Firefighter shall attend at least
four meetings a year and keep himself in good standing in the Exempt
Firemen's Association of the Borough in order to receive the compensation
as hereinafter in this subsection provided.
e.
Supervision. The Chief of the Fire Department shall be in charge
of the Auxiliary Fire Department, and he shall have the right to call
upon each and every member on the roll for duty at any time to assist
in all firemanic duties in the Borough.
f.
Noneligibility. Any member of the Auxiliary Department who does not
reside in the Borough or any member who moves out of the jurisdiction
of the Borough, shall not be entitled to any compensation. Said members
moving from the jurisdiction or those not residing in the jurisdiction
of the Borough shall be dropped from the roll.
g.
Duties to be Performed. The Mayor and Council may promulgate, by
resolution, such other duties to be performed by the Auxiliary Firefighters.
h.
Compensation. For the services performed as herein provided, each
qualified member of the Auxiliary Department shall receive compensation
in the sum of $25 a year, upon proper certification by the President
of the Exempt Firemen's Association and the Chief of the Fire Department.
i.
Conflict with Local Defense Council Departments. The Auxiliary Department
herein created shall not in any way conflict with the Auxiliary Fire
Department of the local Defense Council.
[Ord. No. 95-2 §§ I
- XI]
a.
Limitations on Junior Memberships. Each Fire Department Company shall
be limited to a maximum of four Junior Members. The membership roll
may be increased from time to time as the needs may arise, by resolution
of the Borough Council, after request for additional members has been
duly made by the Department.
b.
Junior Membership Requirements. Junior Members of all four Companies
shall be of the age of 16 and not more than 18 years at the time of
their election to membership. They must be residents of the Borough
at the time of their election and must continue their residence in
the Borough during their membership in the Department and they must
be citizens of the United States. All candidates for membership shall
be residents of the territorial district of the Company in which they
make application for membership. This residency requirement may be
waived only upon mutual agreement of the Fire Company located in the
territorial district wherein the candidate makes application for membership.
c.
Junior Membership Candidate Requirements. All candidates for Junior
Membership shall, as a condition precedent to their assuming their
duties as members:
1.
Be approved by the Fire Board and Mayor and Council.
2.
Sign the membership roll of the Department, on file in the office
of the Borough Clerk.
3.
Agree to perform the duties of a Firefighter as prescribed by this
subsection and any other ordinance which may hereinafter be adopted.
4.
Agree to be governed by the bylaws of the Company of which he/she
is a member, and such rules and regulations as may be promulgated
from time to time by the Fire Board and by the Borough Council. All
members must be voted on by ballot in accordance with the bylaws of
their respective Companies.
5.
Submit to a physical examination by the Fire Surgeon.
6.
A Junior Firefighter may only answer alarms after dismissal from
school, and until 10:00 p.m. on school nights. Fires occurring before
curfew and extending past curfew will result in a Junior Firefighter
being transported home by a regular Firefighter. On non-school nights,
Junior Firefighters will not be permitted in any firehouse after 12:00
p.m. unless responding to an alarm.
d.
Duties of Junior Members of Department. Members of the Junior program
shall assist with non-hazardous firefighting duties. These duties
may include the following:
1.
Changing self-contained breathing apparatus bottles.
2.
Carrying tools to and from fire apparatus.
3.
Racking hose on fire apparatus.
4.
Restoration of equipment after a drill or call.
5.
Assisting in maintenance of equipment, vehicles, and firehouse.
6.
A Junior Firefighter will not be permitted to drive any apparatus,
enter a hazardous area, wear self contained breathing equipment, or
man a hose line.
e.
Attendance at Meetings. It shall be the duty of each Junior Member
to attend the regular meeting of his Company in accordance with his
Company bylaws.
f.
Drill Requirements. It shall be the duty of each Junior Member to
attend such drill (minimum requirement must be two drills per month)
called by the Chief, Assistant Chief, or his Fire Company Captain.
g.
Exemption Requirement. In order to obtain any exemption, Junior Members
must do at least 60% active duty which shall include fires and drills.
h.
Compensation. Junior Members of the Department in good standing will
receive no compensation.
i.
Certificate of Exemption. All Junior Membership active time shall
be applied to the requirement of time needed to be considered as Borough
Exempt.
j.
Any circumstance which has not been referred to in this subsection
shall automatically be governed by the existing Fire Department Regulations.
k.
Violations. A violation of any provision of this subsection or the
Fire Department Regulations shall result in immediate dismissal of
any Junior Member.
[1969 Code § 24-1]
There is hereby created a Department of Public Works, which
shall function under the general supervision of the Public Works Committee
and the Superintendent of Public Works of the Borough.
[1969 Code § 24-2]
There shall be appointed by the Mayor and confirmed by the Council,
a Superintendent of Public Works and an Assistant Superintendent of
Public Works. All such appointments shall be made in accordance with
ratings on a certified list prepared by the State Civil Service Commission
after appropriate examination.
[1969 Code § 24-3]
The Superintendent of Public Works shall have general oversight
and superintendency of the sewerage and drainage systems of the Borough,
under the direction of the Administrator. All repairs to the sewers
and drains and all connections made therewith shall be under his general
supervision. It shall be the duty of the Superintendent of Public
Works to see that the public sewers of the Borough are properly flushed
from time to time and are free from all obstructions, and generally
to carry out and enforce the provisions of the ordinances of the Borough
concerning sewers and making connections therewith.
[1969 Code § 24-4]
a.
The Superintendent of Public Works shall have general supervision
over all the streets, avenues, roads, public parks and public places
of the Borough and all repairs thereto, under the direction the Road
Committee. He shall have power to remove or cause to be removed all
obstructions or encumbrances from any of the streets, avenues, roads,
public parks and public places of the Borough.
b.
The Superintendent shall report and make complaint of the person
or corporation causing any such obstruction or encumbrance to the
Judge of the Municipal Court, and generally shall enforce the provisions
of any such obstruction or encumbrance ordinances of the Borough relating
to the digging up, obstructing and encumbering of the streets, avenues,
roads, public parks and public places of the Borough.
[1969 Code § 24-5]
It shall be the duty of the Superintendent of Public Works,
by order of the Council and under the direction of the Committee of
Public Works, to cause the streets and the public sewers and drains
to be properly cleaned and to be kept in good repair; and to that
end he shall regularly and carefully examine the same and shall report
to the proper committee or to the Council whenever, in his opinion,
any action is necessary in relation thereto.
[1969 Code § 24-6]
The Superintendent of Public Works shall establish an office
in the Municipal Building and shall keep therein a complaint book,
wherein shall be entered all matters of complaint made to him at his
office aforesaid relating to the condition of the streets, avenues,
roads, highways, public parks and sewers and drains and public places
of the Borough. He shall ascertain the facts in relation to all such
matters of complaint and take such action therein as may be necessary
and proper in the faithful discharge of his official duties.
[1969 Code § 24-7]
In cases of emergency he shall have power to hire all necessary
laborers, servants and employees to carry on the work under his charge,
and to discharge the same, or any of them, and to fix their compensation,
subject always to the approval of the Council. He shall enter into
a suitable book to be kept in his office an account of all expenditures
of his Department, authorized as aforesaid, and each separate branch
thereof for which distinct appropriations shall be made. He shall
keep an accurate account in the book of the names of all persons employed
by him, the time when and the work upon which they were so employed
and the wages severally paid to them, and not later than the Friday
preceding each regular meeting of the Council, shall deliver to the
Borough Clerk a statement of the number of days each workman in his
Department shall have been employed from the date of his preceding
report, the rate of compensation of such employee and the particular
work upon which he was employed during said period.
[1969 Code § 24-9]
The Assistant Superintendent of Public Works shall perform such
duties as may be assigned to him by the Superintendent of Public Works.
[Prior § 2-37, Board of Recreation Commissioners, was
deleted by Ord. No. 14-14]
There hereby is created a Recreation and Parks Department in
the Borough of Elmwood Park. The Recreation and Parks Department shall
have as its purpose to maintain, promote and facilitate the use of
Borough-owned parks and recreational facilities and to provide passive
and active recreational programs, including, but not limited to, athletics
and related physical programs, camps, after school programs and special
needs programs and programs for seniors and families.
[Ord. No. 14-14]
a.
Creation of position. There hereby is created the position of the
Recreation and Parks Director.
b.
The Recreation and Parks Director shall be appointed by the Mayor
with the advice and consent of the Council, and the term of the office
of the Director shall be at the pleasure of the Mayor and Council.
Any vacancy in this office shall be filled by appointment of the Mayor
and Council.
[Amended 8-27-2020 by Ord. No. 20-26]
c.
Compensation. The Recreation and Parks Director shall receive a salary
established by the Mayor and Council in the Annual Salary Ordinance.
d.
Duties. The Recreation and Parks Director shall supervise and administer
all recreation and park activities and facilities. The Director shall
be supervised by the Borough Administrator and shall be advised by
the Recreation and Parks Advisory Board. The duties of the Director
shall include:
1.
Attend all meeting of the Recreation and Parks Advisory Board.
2.
Prepare and submit an annual Department budget, subject to the approval
of the Mayor and Council.
3.
Develop a comprehensive program to meet local recreational and cultural
needs, utilizing existing resources of the Community and present a
program to the Recreation and Parks Advisory Board for review and
comments.
4.
Operate and promote Borough's recreational and parks programs.
5.
Promote a safe environment for recreation and parks programs and
facilities.
6.
Manage and inspect all recreational facilities.
7.
Manage, inspect and maintain/order all recreational equipment and
services.
8.
Maintain an inventory of all equipment and property assigned to the
Department of Recreation and Parks by the Mayor and Council.
9.
Inform all residents of recreational programs.
10.
Issue permits for Borough and Artesian Park facilities.
11.
Recommend and screen all potential programs directors, league directors,
coaches and other volunteers, to ensure the promotion of a fair, safe
and unbiased playing and coaching environment.
12.
Train and supervise all recreation and parks employees.
13.
Supervise all program directors, league directors, coaches and other
volunteers.
14.
Prepare agendas and minutes of all meetings of the Recreations and
Parks Advisory Board.
15.
With advice of the Recreation and Parks Advisory Board, establish
rules and regulations applicable in programming and use of parks and
recreational facilities, provided that such rules and regulations
are subject to the approval of the Mayor and Council.
16.
Cause all programs and volunteers to be in compliance with background
checks of credential programs, as may be in effect by Borough ordinance
from time to time.
17.
At each regular monthly meeting of the Recreation and Parks Advisory
Board, report to the Advisory Board the status of recreation programming
and parks facilities and such other matters as Advisory Board may
request.
18.
Ensure compliance with the Recreations and Park Code of Conduct by
effectively communicating and by enforcing the Code of Conduct as
appropriate.
19.
Establish a close liaison with other interested agencies and organizations
involved in recreational activities.
[Ord. No. 14-14]
a.
Creation. There hereby is created a Recreation and Parks Advisory
Board in the Borough of Elmwood Park.
b.
Composition; Term of Office. The Recreation and Parks Advisory Board
shall consist of seven members, all of whom shall be required to be
residents of the Borough of Elmwood Park. Appointments to the Advisory
Board shall be made by the Mayor with the advice and consent of the
Council. The term of office of the initial Advisory Board members
shall be staggered, with three members being appointed for five years,
two members being appointed for four years, two members being appointed
to three year, retroactive to January 1, 2014. Thereafter, the term
shall be for three years. In the event a vacancy occurs on the Advisory
Board, the term shall be filled for the unexpired term in the same
manner as the original appointment. No member can serve more than
two full consecutive terms. A member's position on the Advisory Board
may be deemed vacated by the Mayor and Council if such a member fails
to attend three consecutive regular monthly meetings of the Advisory
Board. All members of the Advisory Board shall attend and become certified
through the Rutgers University Athletic Safety Program.
c.
Organization.
1.
The Recreation and Parks Advisory Board shall annually elect a Chairman,
Vice Chairman and such other offices as the Advisory Board may deem
necessary. The term of the office shall be one year. No officer may
serve in the same position for more than two years.
2.
The Recreation and Parks Advisory Board shall adopt bylaws for its
administration and establish rules and regulations for its activities;
provided, however, that such bylaws, rules and regulations shall be
subject to the approval of the Mayor and Council.
3.
The Recreation and Parks Advisory Board shall hold meetings monthly
or more frequent if required.
4.
The Recreation and Parks Advisory Board may establish subcommittees,
as necessary, to assist the Advisory Board in meeting needs.
d.
Responsibilities. The responsibilities of the Recreation and Parks
Advisory Board shall include:
1.
Assist and advise the Recreation and Parks Director with respect
to policies and programs, the development of new initiatives and the
management and general supervision of existing programs.
2.
Provide recommendations with regard to overall quality and services
offered by the Recreation and Parks Department.
3.
Provide recommendations to the Mayor and Council as to how they would
like to use the Trust Fund.
4.
Assist and advise the Recreation and Parks Director in preparation
of the annual budget for the Recreation and Parks Department and review
and approve such budget prior to its submission to the Council.
5.
Prepare and provide an Open Space Master Plan for all parks within
the Borough of Elmwood Park, which includes recreational programming
and park capital needs.
6.
Screen, review and approve, if acceptable to the Advisory Board,
all individuals recommended by the Recreation and Parks Director for
the positions of program director, league director and coach, to ensure
the promotion of fair, safe and unbiased playing and coaching environment.
7.
Establish annually the Code of Conduct Committee from its members
provided in Subsection 2-37.4e.
8.
Provide guidance and general oversight for all of the Borough's recreational
programs and use, including active and passive recreational facilities.
9.
Strive to maintain safe youth and adult programs which meet the needs
of the community, included but not limited to athletics and related
physical activities, special needs programs, and programs for seniors
and families.
10.
Strive to maintain a safe environment for Borough residents to pursue
their personal recreation.
11.
Promote volunteerism for recreation and park programs.
12.
Study such matters as may be referred to it by the Mayor and Council
and report its findings and conclusions thereon in writing to the
Mayor and Council.
13.
Ensure compliance with the Recreation and Parks Code of Conduct by
effectively communicating and by enforcing the Code of Conduct as
appropriate.
[Ord. No. 14-14]
a.
Enforcement. The Recreation and Parks Director ("Director"), an employee
of the Borough, and the Advisory Board Code of Conduct Committee each
are hereby directed to review all behavior at events at which teams
or individuals participate under the auspices of the Elmwood Park
Recreation Department, including events outside the Borough of Elmwood
Park, and to make every effort to ensure that all behavior at said
events complies with the Code of Conduct established by this section.
Each of them is further authorized to take all steps necessary to
enforce said Code of Conduct and to impose appropriate penalties,
as described herein.
b.
Compliance with Code of Conduct. Every participant, parent, guest,
spectator, coach, or official attending or participating in any manner
in any recreational activity, conducted under the auspices of the
Elmwood Park Recreation and Parks Department, shall comply with the
Code of Conduct as described herein. The Code of Conduct will be applicable
whether or not the event occurs within the Borough of Elmwood Park,
provided it is conducted under the auspices of Elmwood Park Recreation
and Parks Department. Without limitations, the following conduct is
prohibited and shall be considered a violation of the Code of Conduct.
1.
Fights, Scuffles, Aggressive Verbal Arguments, and Threats. Initiating
a fight, scuffle, aggressive verbal argument or any type of physical
altercation or abuse, or threats of abuse, towards any participant,
parent, guest, spectator, coach, or official.
2.
Interference with Recreational Activities. Interfering with recreational
activities, including, but not limited to, entering the field of play,
court, rink, during any youth sporting event for the purpose of physically
or verbally abusing or confronting coaches.
3.
Use of obscene or profane language, verbally abusing an official,
player, or spectator, which abuse shall be deemed to include the use
of obscene or profane language, or gestures, or racial, ethnic or
sexual slurs.
4.
Throwing Objects onto the Field of Play. Throwing or causing to be
deposited any object onto the field of play, court, or rink.
5.
Bullying, Harassment or Other Form of Aggressive Behavior. Bullying,
harassing, or exhibiting other forms of aggressive behavior.
6.
Aggressive Physical Contact with Participants. Having aggressive
physical contact with recreation participants, including, but not
limited to, hitting, kicking, pushing or other form of aggressive
physical behavior.
7.
All Other Detrimental Behavior. Other behavior which may be determined
by the Director or the Code of Conduct Advisory Board Committee to
be inappropriate and detrimental to the youthful participants shall
include, but not limited to, encouraging youthful participants to
engage in prohibited activity or inappropriate activity.
8.
Refusing to Follow the Order of Officials. Parents, coaches, spectators,
and all other parties at any recreation event must comply with the
requests and demands of all field officials, including appointed league
officials. Such authority shall include the authorization to direct
any person or persons to immediately remove themselves from the premises.
c.
Violations of Code of Conduct. Any and all allegations, claims, or charges regarding violations of the Code of Conduct may be presented to the Director or Advisory Board Code of Conduct Committee. The Director or the Advisory Board Code of Conduct Committee may also initiate an investigation of conduct that may constitute a violation of the Code of Conduct. The Director may refer an alleged Code of Conduct violation to the Advisory Board Code of Conduct Committee for review. No complaints needed to be filed in order for the Director or the Advisory Board Committee to take action. The Director and the Advisory Board Committee shall keep a log of all complaints filed. Based on the severity of the Code of Conduct violation, the Director and the Advisory Board Code of Conduct Committee may ban or issue a suspension for a period to be determined by the Director or the Advisory Board Code of Conduct Committee, in the sole discretion of the Director or the Advisory Board Code of Conduct Committee, up to and including a permanent ban; except that any suspension issued by the Director in excess of three months requires the consent of the Advisory Board Code of Conduct Committee. The Director and the Advisory Board Code of Conduct Committee are authorized to establish an appropriate set of procedures through rules and regulations for the investigation, enforcement, and imposition of any appropriate penalties, provided that such rules and regulations are subject to approval of the Mayor and Council. Any individual who is subject to sanction pursuant to this Subsection 2-37.4 shall not have the right to reserve the use of Borough park facilities for the purpose of programs or activities involving Borough youths until such sanction has expired or terminates.
d.
Repeated Violations. Any person banned or suspended from recreation
activities for a second violation of the Code of Conduct provision
for a period of 12 months or more shall be permanently banned.
e.
The Advisory Board Code of Conduct Committee. The Advisory Board
Code of Conduct Committee shall consist of three members of the Recreation
and Parks Advisory Board chosen annually by a majority vote of the
full membership of the Advisory Board members. Each such individual
must have received certification in accordance with the Rutgers University
safety orientation and training skills certification program for coaches.
f.
Appeals from Decisions Related to the Code of Conduct.
1.
In the event the Director has imposed a penalty which includes suspension
and a ban from attendance at recreation activities, the individual
who has been suspended or banned may appeal such action to the Advisory
Board Code of Conduct Committee. Any such individual must file a written
notice with the Recreation and Parks Department within 10 days after
receipt of written notice of suspension or ban.
2.
In the event that the Advisory Board Code of Conduct Committee has
imposed a penalty which includes a suspension and ban from attendance
at recreation activities for more than 12 months, the individual who
has been suspended may appeal this decision to the Final Appeal Committee.
Any individual suspended for more than three months, desiring to appeal
the suspension to the Advisory Board Code of Conduct Committee, must
file a written notice of appeal with the Recreation and Parks Department
within 10 days after receipt of written notice of the suspension.
3.
A Final Appeal Committee shall be appointed whenever necessary to
consider appeals from suspensions imposed by the Advisory Board Code
of Conduct Committee for violations of the Code of Conduct which provides
for a sanction of suspension greater than 12 months. The Final Appeal
Committee shall consist of the Borough Administrator, a member of
the Council who has been designated as the Recreation Liaison and
the Chairperson of the Recreation and Parks Advisory Board. The Final
Appeal Committee shall establish whatever procedures it deems appropriate
for it to review the matter and shall be authorized to make a determination
regarding the appropriateness of the penalty.
