Borough of Fair Haven, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[New]
There shall be a Department of Public Works, the head of which shall be the Superintendent, who shall be appointed by the Borough Administrator. Prior to his/her appointment, the Director shall be qualified through training and experience in public works administration. The Department shall be responsible for the following:
a. 
Streets, street lighting, storm drainage systems;
b. 
Township-owned or leased property and buildings, parks and playgrounds and shade trees; and,
c. 
Sanitation.
[New]
a. 
Streets. The Department shall:
1. 
Provide for the construction, reconstruction, maintenance and repair of all public streets;
2. 
Provide for the construction, reconstruction, maintenance and repair of all storm sewers and drainage areas;
3. 
Regulate street openings and construction alteration and repair of sidewalks, curbs and gutters;
4. 
Clean all municipal streets;
5. 
Remove snow from all municipal streets;
6. 
Arrange for street lighting.
b. 
Public Property. The Department shall:
1. 
Care for all playgrounds and Borough-owned or leased grounds, including the trees, lawns and landscaping appurtenant to Borough-owned or leased buildings, and the recreational areas and facilities;
2. 
Provide for the pruning, trimming, removal and planting of shade trees in the streets and all other public places;
3. 
Provide custodial and janitorial services for all Borough-owned or leased buildings; and,
4. 
Operate and maintain Borough-owned properties, including tax-foreclosed property.
c. 
Sanitation. The Department shall:
1. 
Provide for the collection and disposition of all residential refuse in the Borough; and,
2. 
Provide for the collection and disposition of all residential recycling in the Borough.
d. 
Water and Sewer Utility. The Department of Public Works shall supervise the water and sewer utility lines in the Borough of Fair Haven.
[Ord. No. 2008-09; Ord. No. 2016-15]
There is established a Department of Parks and Recreation in the Borough of Fair Haven.
[Ord. No. 2008-09; Ord. No. 2016-15]
The Department of Parks and Recreation shall be supervised by the Director of Parks and Recreation, whose position is hereby created. The Director of Parks and Recreation shall be under the supervision of the Borough Administrator and the advice of the Recreation Commission.
[Ord. No. 2016-15]
The Department of Parks and Recreation shall be supervised by the Director of Parks and Recreation, whose position is hereby created, or by the Director of Parks, Recreation, Events and Special Projects Administrator, whose position is hereby created. The Governing Body shall appoint one of appropriate titles, as listed above, on an annual, or as needed, basis. The Director of Parks and Recreation or the Director of Parks, Recreation, Events, and Special Project Administrator shall be under the supervision of the Borough Administrator and the advice of the Recreation Committee.
[Ord. No. 2008-09; Ord. No. 2016-15]
The Director of Parks and Recreation, shall be responsible for the organization and scheduling of any and all recreational programs and activities undertaken under the auspices of the Borough of Fair Haven. The Director shall further act as liaison for all citizens and citizens' groups in the Borough of Fair Haven so as to ascertain the recreational needs and requirements of the citizens of the Borough and so as to organize all recreational activities in the Borough of Fair Haven. The Director shall further supervise all part-time employees of the Borough involved in the supervision, control and maintenance of recreational programs and activities in the Borough and shall further be responsible for working with the Department of Public Works on the maintenance of all recreational and park facilities in the Borough.
[Ord. No. 2016-15]
The Director of Parks, Recreation, Events and Special Projects Administrator shall be responsible for the organization and scheduling of any and all recreational programs and activities undertaken under the auspices of the Borough of Fair Haven. The Director shall further act as liaison for all citizens and citizens' groups in the Borough of Fair Haven so as to ascertain the recreational needs and requirements of the citizens of the Borough and so as to organize all recreational activities in the Borough of Fair Haven. The Director shall further supervise all part-time employees of the Borough involved in the supervision, control and maintenance of recreational programs and activities in the Borough and shall further be responsible for working with the Department of Public Works on the maintenance of all recreational and park facilities in the Borough. The Director shall further be responsible for assisting in various special projects, as assigned by the Borough Administrator.
[Ord. No. 2008-09; Ord. No. 2016-15]
There is hereby created the position of Playground Counselor for Parks and Recreation who shall serve in such part-time position for a term which shall be coterminous with that of the Summer Playground Program. The Playground Program Counselors shall be under the supervision and control of the Director and shall aid and assist the Director in coordinating and stimulating community interest and volunteers for the summer playground programs and functions.
[Ord. No. 2008-09; Ord. No. 2016-15]
The salary for the Director of Parks and Recreation or the Director of Parks, Recreation, Events and Special Project Administrator and Summer Playground Counselors shall be established and governed by the salary ordinances of the Borough.
[2002 Code § 2.20.010]
There is established and continued in and for the Borough a Police Department which shall consist of a Chief of Police and such other members as shall be deemed necessary by the Mayor and Council, who shall, from time to time, determine the number and ranks of persons, including temporary members and officers, to be appointed to these positions and fix their compensation.
[2002 Code § 2.20.020]
The Mayor, with the advice of the Borough Council, shall appoint a liaison to the Police Department from among the members of the Borough Council. The Councilmember so designated shall serve for a period of one year and shall be known as the Police Commissioner.
[2002 Code § 2.20.030]
The Police Department shall preserve the public peace, protect life and property, detect, arrest and prosecute offenders of the law of the State of New Jersey and the ordinances of the Borough, 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.
[2002 Code § 2.20.040]
Pursuant to N.J.S.A. 40A:14-118, the "appropriate authority" presiding over the operation of the Police Department is the Borough Administrator. The Chief of Police is under the authority of the Appropriate Authority. The Appropriate Authority shall have the authority to establish administrative direction and to issue and amend as necessary "Rules and Regulations" for the Police Department. All members of the Police Department shall be subject to the Rules and Regulations. The Appropriate Authority shall be the final authority as to all disciplinary decisions and appeals under the "Rules and Regulations." The Appropriate Authority may delegate the initial hearing process to another Borough official as a fact-finder, but the final decision rests with the Appropriate Authority. Nothing herein shall effect the grievance process as contained in the contract between the Borough and the Police Benevolent Association or as provided by law.
[2002 Code § 2.20.050; Ord. No. 11-28-05A; Ord. No. 2009-14 § II]
There are hereby created the following positions within the Police Department and the general duties of each position. Officers are expected to perform the duties of subordinate ranks when needed or assigned. The filling of any position is solely at the discretion of the Borough Council. All Police Officers shall be appointed or promoted to higher rank by resolution of the Borough Council.
a. 
One Position for Chief of Police. The Chief of Police shall be the head of the Police force and shall be directly responsible to the Police Commissioner, Borough Administrator, and the Borough Council for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall pursuant to the policies established by the Borough Council:
1. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
2. 
Have, exercise and discharge the functions, powers and duties of the force;
3. 
Prescribe the duties and assignments of all subordinates and department personnel;
4. 
Delegate such of his authority as he may deem necessary for the efficient operation of the force, to be exercised under his direction and supervision;
5. 
Report at least quarterly to the Borough Council, in such form as shall be prescribed by such authority, on the operation of the force during the preceding months and make such other reports as may be requested by such authority;
6. 
Report immediately to the Borough Administrator within 48 hours and file a written report with the Mayor and Borough Council within five days in regard to:
(a) 
Any accident, motor vehicle or otherwise, in which a member of the Police Department was involved while such member is acting in his official capacity;
(b) 
Any investigation being conducted by any Federal, State, County or municipal agency and which concerns a member of the Police Department;
(c) 
Any disciplinary action which the Chief of Police or his subordinates have taken against any subordinate officer or member of the Police Department.
b. 
One Position for Police Captain. The Captain shall serve as the Chief's executive officer and second in command. The Captain shall perform such duties as are directed by the Chief of Police. He shall assist the Chief of Police in formulating and implementing policy, regulations, goals and objectives of the Police Department and may supervise subordinates on an assigned shift. In the event of a prolonged absence of the Chief of Police, the Captain shall assume the command of the Department as Acting Chief of Police.
c. 
Up to Two Lieutenant Positions. The Lieutenant holds an administrative supervisory position under the supervision of his superiors. The Lieutenant assists the Chief of Police and Captain in formulating and implementing policy, regulations, goals and objectives of the Police Department and may supervise subordinates on an assigned shift. He inspects personnel and equipment to ensure that both meet department standards and performs such other duties as are directed by his superiors.
d. 
Up to Three Sergeant Positions. The Sergeant is responsible for supervising police work, directing and assisting in the direction of, or participating in the activities of the Police Department on an assigned shift. He performs those tasks which are delegated by his superiors.
e. 
Patrolman. The patrolman is responsible for the general law enforcement work involved in the protection of life and property through the enforcement of laws and related preventative investigative work. A patrolmen shall perform all duties which are assigned by his superior officers.
f. 
Civilian Personnel. The following positions are hereby established within the Police Department. The positions being established are civilian in character, and the persons being appointed to these positions do not have any authority to perform any of the duties of a police officer.
1. 
Police Dispatcher. There is hereby created the position of police dispatcher. The police dispatcher, under direction, shall receive and relay messages to police patrol vehicles or to other concerned personnel and, in addition, may operate a teletype machine and a computer terminal for transmitting and receiving all teletype messages. The police dispatcher may be required to perform clerical work of a varied nature and may be required to search prisoners or make security checks.
2. 
School Crossing Guard. There is hereby created the position of school crossing guard. The school crossing guard shall be appointed for a term not exceeding one year by the Mayor and Borough Council. To be appointed to the position of school crossing guard, an individual must meet the requirements of N.J.S.A. 40A:9-154.2. A school crossing guard shall be responsible for the control and direction of the vehicular and pedestrian traffic during those time periods of a school day or for any special event or program when assigned in the interest of public safety.
3. 
Police Records Clerk.
(a) 
Creation. There is hereby created within the Borough of Fair Haven, Police Department, the position of, who shall be known as the Police Records Clerk.
(b) 
Compensation. The rate of compensation will be between $10 and $18 per hour as determined by resolution of the Borough Council.
(c) 
Qualifications. To be appointed to the position of Senior Police Records Clerk, an individual must meet the following requirements. He shall:
(1) 
Possess the ability to read, write, speak and understand English sufficiently to perform the duties of this position.
(2) 
Possess two years' experience in clerical work.
(3) 
Possess wide knowledge of modern office methods, practices and equipment.
(4) 
Possess the ability to comprehend established office routines, rules and regulations of complexity and to maintain suitable records and files.
(5) 
Special Law Enforcement Officer training preferred.
(d) 
Powers and duties; responsibilities. The daily functions of the Police Records Clerk shall include, but not be limited to, the following:
(1) 
Discovery Officer:
[a] 
Document, log in and process discovery requests as received.
[b] 
Enter contents of discovery into data base.
[c] 
Prepare billing and mail complete discovery package to attorney.
[d] 
Log in payments received and forward monies to Borough Hall.
[e] 
Monitor attorney's who fail to remit payment as requested for follow-up.
(2) 
Records Management System Officer:
[a] 
Enter all data into records management system daily.
[b] 
Provide reporting as requested.
(3) 
Firearms Officer:
[a] 
Assist applicants with the procedure for applying for firearms permits, submit applications after proper investigation has been conducted.
[b] 
Document and file all firearms records.
[c] 
Monitor applications for timely completion of the process.
(4) 
Police Department Office Manager:
[a] 
Coordinate the functions with the administrative office of the Police Department.
[b] 
Greet public who visit the police station.
[c] 
Handle questions and/or refer them to appropriate office or authority.
[d] 
Record all transactions pertaining to receipts for fingerprints, copies, and discoveries and any other funds that may be collected.
[e] 
Forward all funds to the CFO as per policy daily.
[f] 
Prepare purchase requisitions as needed for Department supplies and equipment.
[g] 
Complete all monthly and statistical reports as directed.
[h] 
Maintain and file patrol log sheets.
[i] 
Process handicap permits.
[j] 
Process motor vehicle accident reports for insurance companies.
[k] 
Maintain alarm log for residents and businesses.
(e) 
Additional tasks as directed by the Chief of Police.
[2002 Code § 2.20.060]
Each applicant for a position as Police Officer shall have the qualifications required by N.J.S.A. 40A:14-122. Each applicant shall comply with the laws of the State of New Jersey pertaining to municipal police. Appointments will be the determination of the Mayor and Council. Each successful appointee shall serve a probationary period commencing after his successful completion of the appropriate training course at an accredited police training academy, or upon his appointment if the appointee has prior police training/services.
[2002 Code § 2.20.070]
a. 
Appointees shall serve in a probationary status for a period of one year, during which period their employment and appointment shall be subject to termination at the discretion of the Mayor and Council.
b. 
Whenever a probationary period of service shall have been completed by an appointee to the satisfaction of the Mayor and Council, the appointee shall thereupon have been duly appointed to the office for an indefinite term, the probationary period served shall constitute part of his length of service.
c. 
Newly appointed Police Officers shall complete necessary recruit training during the first year of service as may be required by law.
[2002 Code § 2.20.080]
After having completed the probationary period, no officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's rules and regulations.
[2002 Code § 2.20.090; Ord. No. 2010-12]
a. 
Special Officers or Police may be appointed by the Mayor and Council for a term not exceeding one year. Special Officers shall be appointed, qualified, and utilized in accord with the standards of N.J.S.A. 40A:14-146.8 to 146.18. The powers, rights and duties of such Officers shall immediately cease at the expiration of the term for which they were appointed, and there is no requirement or obligation for reappointment. 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 carrying of firearms and power of arrest.
b. 
Special Officers in Training may be appointed by the Mayor and Council, whose position is hereby created, for the purpose of said Special Officer in Training to attend the appropriate school to become qualified as a Special Class II Officer. The Special Officer in Training will be compensated at the prevailing minimum wage. The position will expire upon the earlier of completion of the relevant schooling or termination by the Council by resolution. The Council may terminate the position at any time, with or without cause.
[2002 Code § 2.20.100]
Nothing contained within this section shall:
a. 
Prevent the appointment by the Borough Council of committees or commissions to conduct investigations of the operation of the Police Force and to delegate to such committees or commissions such powers of inquiry as the Borough Council deems necessary;
b. 
Prevent the Borough Council from conducting a hearing or investigation authorized by law;
c. 
Prevent the Mayor, Borough Council, Borough Administrator, or Police Commissioner from examining, at any time, the operations of the police force or the performance of any officer or member;
d. 
Infringe on or limit the power of the Mayor, Borough Administrator, Borough Council or Police Commissioner to act to provide for the health, safety or welfare of the municipality in any emergency situation through special emergency directives;
e. 
Infringe on or limit the authority of the Mayor and Council to increase, change, or reduce the number and rank structure of the Police Department due to budgetary or efficiency reasons.
[Ord. No. 2-28-05 § 2; Ord. No. 2013-25]
a. 
Qualifications.
1. 
The Borough of Fair Haven Governing Body desires to promote the most qualified candidates to positions of higher rank. This subsection establishes the eligibility requirements and the process for promotion to the Chief of Police. The promotion process shall be on the basis of merit, experience, education, and demonstrated ability. In accordance with N.J.S.A. 40A:14-129, promotion of any officer shall be made from the membership of the Department. To be considered for the position of Chief of Police, the candidates must have previously been serving the Borough in the rank of Lieutenant or higher.
b. 
Promotional Procedure.
1. 
Candidates for the position of Chief of Police shall participate in a promotional procedure administered by the Borough Administrator. The reviewing committee, which shall be made up of the Mayor and Council, Borough Administrator, his/her designee(s), and a Policing Expert from outside of the Borough, shall consider the following: the candidates' knowledge of criminal law and procedure, police science and police administration, leadership and management ability, general knowledge of Fair Haven local government and N.J.S.A. 40A:14-118, the candidates' ability to communicate clearly and effectively, ability to effect good working and public relations, vision for the future of the Department, community service, and moral character.
2. 
Upon receiving instructions from the Borough Administrator to do so, the Chief of Police, or Borough Administrator (if there is no Chief of Police) shall announce the promotional process to members of the Department at least 30 days before the application packet is required returned. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain at a minimum, the rank to be filled, the dates of the interviews, and topics from which questions will be formulated. Candidates, who qualify, shall notify the Chief of Police, or Borough Administrator (if there is no Chief of Police) of his or her interest in the promotional process by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the process.
3. 
Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6.
c. 
Promotion Interviewing Procedure. The promotion interviewing procedure for the Fair Haven Police Department shall consist of an oral interview in which all candidates will be given the same questions, and a review of the candidates' service record, education, merit and seniority.
1. 
Oral Interview(s).
(a) 
Candidates shall sit for an oral interview by the reviewing committee. The reviewing committee will interview the candidates on the topics as outlined in paragraph b1 above. Each candidate shall be graded on a 100-point scale. The Policing Expert shall not independently rate each candidate.
(b) 
The next step in the process will be an interview with the Borough Administrator. The interview with the Borough Administrator shall focus on leadership and management skills, knowledge of Fair Haven's form of government, knowledge of the Police Department Ordinances, familiarity with municipal budget process and knowledge of N.J.S.A. 40A:14-118. The Administrator shall grade each candidate on a 100-point scale.
2. 
Record Review.
(a) 
Candidates that successfully complete the initial interviews shall proceed to the next step in the promotional process, the review of service record. The candidates' personnel records, evaluation records, and attendance records will all be reviewed for evaluation of past performance.
(b) 
The reviewing committee shall examine the length and merit of each candidate's service. The examination process shall give specific weight to performance evaluations, seniority, military service, demonstrated leadership ability, education and disciplinary history.
(1) 
The weight or percentage of each portion of the process shall be as follows:
Oral interview:
35%
Interview with Borough Administrator:
25%
Performance Evaluation:
10%
Leadership Evaluation:
20%
Seniority:
5%
Education:
5%
Associates Degree = 2.5%
Bachelors Degree = 5%
(2) 
Two years of active-duty military experience (including Coast Guard) can be substituted for Associates Degree if honorably discharged.
(3) 
Associates Degree and two years of active-duty military experience (including Coast Guard) will be worth 5% if honorably discharged.
(4) 
Discipline shall be a minus depending on seriousness and freshness of record.
d. 
Each candidate shall be ranked based on the total score as outlined above. The candidates shall then be ranked from the highest to lowest based on score. The list shall include the candidates' names and the final scores.
e. 
The Chief of Police, or Borough Administrator (if there is no Chief of Police) shall then submit the results of the process listing the breakdowns and final scores of the candidates and any other information that may be pertinent to the Mayor and Borough Council for final decision.
f. 
Promotions to the Chief of Police shall be open to members of the department previously serving at the rank of Lieutenant or higher, unless the Mayor and Borough Council, in the best interest of the department, choose to open the application process to a wider pool of candidates, in which case the Council may open the application process to the next two lowest ranks.
g. 
Redress of Promotion Process.
1. 
Within 10 days of the posting of the rankings of candidates, a candidate may file a written letter of appeal. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police, through the appropriate chain of command. The Chief of Police will assess the request, and make a determination of how the request will be addressed on a case by case basis. Such requests may address the following areas of the promotional process:
(a) 
Review and retabulation of the scored elements of the selection process.
(b) 
Review any evaluation or internal document that was used in the election process related to the appellant.
(c) 
If the appeal impacts upon the results of the promotional ranking as determined by the Chief of Police, the candidate may be permitted to be reevaluated.
[Ord. No. 11-28-05B; Ord. No. 2008-04; Ord. No. 2013-25]
a. 
Qualifications.
1. 
The Borough of Fair Haven Governing Body desires to promote the most qualified candidates to positions of higher rank. The subsection establishes the eligibility requirements and the process for promotion to the Police Captain, Lieutenant, and Sergeant. The promotion process shall be on the basis of merit, experience, education, and demonstrated ability. In accordance with N.J.S.A. 40A:14-129, promotion of any Officer shall be made from the membership of the Department.
To be considered for the position of Sergeant, the candidates must have previously been serving the Borough in the position of Patrolman for a minimum of three years within the Fair Haven Police Department.
To be considered for the position of Lieutenant or Captain, the candidates must have previously been serving the Borough in the rank of Sergeant.
b. 
Promotional Balance.
1. 
Candidates for the above positions shall participate in a promotional procedure administered by the Chief of Police or Borough Administrator. The reviewing committee, which shall be made up of the Mayor and Council, Borough Administrator, Chief of Police, and his/her designee(s), shall consider the following: the candidates' knowledge of criminal law and procedure, police science and police administration, leadership and management ability, general knowledge of Fair Haven local government and N.J.S.A. 40A:14-118, the candidates' ability to communicate clearly and effectively, ability to effect good working and public relations, vision for the future of the Department, community service, and moral character.
2. 
Upon receiving instruction from the Borough Administrator to do so, the Chief of Police, or Borough Administrator (if there is no Chief of Police) shall announce the promotional process to members of the department at least 30 days before the application packet is required returned. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain at a minimum, the rank to be filled, the dates of the interviews, and topics from which questions will be formulated. Candidates, who qualify, shall notify the Chief of Police, or Borough Administrator (if there is no Chief of Police) of his or her interest in the promotional process by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the officer ineligible to participate in the process.
3. 
Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service pursuant to N.J.S.A. 40A:14-129, or a resident over a nonresident pursuant to N.J.S.A. 40A:14-122.6.
c. 
Promotion Interviewing Procedure. The promotion interviewing procedure for the Fair Haven Police Department shall consist of an oral interview with the Chief of Police, interview with Mayor, Council and Administrator, and interview with the New Jersey Chiefs of Police Association, in which all candidates will be given the same questions, and a review of the candidates' service record, education, merit and seniority.
1. 
The weight or percentage of each portion of the process shall be as follows:
Oral interview with Chief of Police
25%
Interview with Mayor, Council and Administrator
25%
Interview with New Jersey Police Chiefs Association
20%
Performance Evaluations and Record Review
20%
Seniority
5%
Education
5%
Associates Degree = 2.5%
Bachelors Degree = 5%
2. 
Two years of active-duty military experience (including Coast Guard) can be substituted for Associates Degree if honorably discharged. Associates Degree and two years of active-duty military experience (including Coast Guard) will be worth 5% if honorably discharged.
3. 
Discipline shall be a minus depending on seriousness and freshness of record.
d. 
Each candidate shall be ranked based on the total score as outlined above. The candidates shall then be ranked from the highest to lowest based on score. The list shall include the candidates' names and the final scores.
e. 
The Chief of Police, or Borough Administrator (if there is no Chief of Police) shall then submit the results of the process listing the breakdowns and final scores of the candidates and any other information that may be pertinent to the Mayor and Borough Council for final decision.
f. 
Redress of Promotion Process.
1. 
Within 10 days of the posting of the rankings of candidates, a candidate may file a written letter of appeal. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police, through the appropriate chain of command. The Chief of Police will assess the request, and make a determination of how the request will be addressed on a case by case basis. Such requests may address the following areas of the promotional process:
(a) 
Review and retabulation of the scored elements of the selection process.
(b) 
Review any evaluation or internal document that was used in the election process related to the appellant.
(c) 
If the appeal impacts upon the results of the promotional ranking as determined by the Chief of Police, the candidate may be permitted to be reevaluated.
[Ord. No. 490; Ord. No. 2012-03; Ord. No. 2017-10]
a. 
Assignments. Persons or entities desiring to hire members of the Police Department to provide special duty police-related services shall file an application with the Chief of Police, who shall process the application and approve or deny the same pursuant to the following:
1. 
Any and all extra duty assignments for police personnel shall be determined and approved by the Chief of Police or his designee;
2. 
No police officer shall perform special duty assignments for private parties for compensation other than through the procedure in this section;
3. 
The Chief of Police shall obtain such information as he determines necessary concerning the application. The Chief of Police may deny the assignment or use of police officers or vehicles and/or may impose any condition or requirement as in his sole discretion and determination are in the best interest of the Borough and/or police officers or public safety;
4. 
The Chief shall be guided by the nature of the assignment and should avoid those with conflict of interest and/or high risk of injury;
5. 
The Chief may assign a patrol vehicle or appropriate equipment for use in performing special duty if and in the event it is determined that the use is necessary to perform the contracted duty;
6. 
The work to be performed shall be considered "special assignments for independent contractors" and will not be considered a direct assignment;
7. 
The taking of any and all special duty assignments shall be on a voluntary basis in accordance with a fair and reasonable rotation system established and administered, in writing, by the Chief of Police;
8. 
Officers engaged in special duty assignments shall be deemed on duty and shall conform to all police department rules, regulations, and procedures;
9. 
All agreements for special duty assignments shall be contracted for, in writing, by the completion of a contract form, which contract shall be kept on record as public documents in the office of the Chief of Police;
10. 
All special duty assignments shall be within the Borough of Fair Haven, unless specific written approval is given by the Chief of Police to the officer to work outside the Borough. The Chief of Police may contact adjoining municipal police departments to see if their officers are willing to perform such special duty assignments;
11. 
Private parties or attorneys who utilize police officers in civil cases by subpoena will be responsible to pay the Borough for the costs incurred for the officer's time while complying with the subpoena. This section does not apply to internal administrative or disciplinary matters in which reimbursement to the Borough is not applicable.
b. 
Fees. The following rates and fees are established regarding special duty assignments for police officers in the Borough of Fair Haven:
1. 
Traffic and Security $90/hour.
4 hour minimum
2. 
Fair Haven Taxing Entities $50/hour or predetermined rate.
Religious
Fair Haven Volunteer Organizations No Borough fee
Borough Events Officially Sanctioned by the Governing Body
3. 
Borough Road Projects $55/hour.
No Borough fee
4. 
The above mentioned Traffic and Security rates and fees are allocated at $70 per hour to the police officer, with a four hour minimum, and a $20 per hour surcharge for administrative and related costs to be retained by the Borough.
5. 
The rate or fee regarding special duty assignments for police officers for religious and Borough events shall be $50 per hour, with a two hour minimum and Borough Road Projects shall be $55 per hour which both fees will be allocated totally to the police officer with no administrative and related costs allocation.
[Ord. No. 2017-10]
c. 
Escrow Funds Required to Be Deposited with the Borough Regarding Special Duty Police Assignments.
1. 
Upon the granting of an application by the Chief of Police for special duty assignments, the applicant/contractor shall deposit escrow funds payable to the Borough of Fair Haven. Said escrow funds shall be determined based upon the fees and charges established by the Governing Body and the realistic estimated time or amount of special duty services to be provided.
2. 
No special duty assignment work will be performed until all escrow funds have been deposited in accordance with this subsection. The escrow fund payment must be in the form of cash, certified or bank cashier's check or money order.
3. 
Additional escrow funds may be required by the applicant/contractor when the escrow has been depleted to 20% of the original escrow amount. The Police Chief or his designee shall notify the Chief Financial Officer when services have been provided that would deplete the escrow funds to 20% of the required escrow amount. Also, the Chief of Police shall then notify the applicant/contractor of the amount of additional escrow funds that will be required for the work to continue and the applicant/contractor shall forthwith deposit with the Borough the additional escrow funds.
4. 
The Chief Financial Officer shall prepare and send to the applicant/contractor a statement which shall include an accounting of the escrow funds setting forth all deposits, disbursements and the cumulative balance of the escrow account. This information shall be provided an a monthly basis.
5. 
Each payment charged to the escrow deposit shall be pursuant to a voucher from the police officer. Said voucher shall identify the officer performing the service, the date, the type of service performed, the hours worked and the amount to be paid to the officer. All officers performing special duty assignments shall submit vouchers to the Chief Financial Officer on not less than a monthly basis.
6. 
The Chief Financial Officer shall promptly send an informational copy of all vouchers submitted to the applicant/contractor.
7. 
All payments for special duty assignments shall be made through the escrow established by the Borough from which fund payments shall be made to the individual police officers performing such service. All payments from the fund shall be made to the police officers subject to required deduction and an administrative fee to be retained by the Borough.
8. 
Disputes, if any, between the applicant/contractor and the police officer on assignment as to service required or compensation due shall be decided by the Chief of Police and his decision shall be final and binding.
9. 
Any assignment canceled by the applicant/contractor on less than four hours' notice shall be charged against party for the minimum hours for the assignment.
d. 
Emergencies.
1. 
The Police Chief has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or public in the sole determination and discretion of the Chief of Police. The contractor shall not be responsible for any compensation for the time the police officer is away from the special duty assignment and shall have no claim for any costs or damages against the Borough, the Chief of Police or any police officer arising from the termination of special duty assignment other than the prorated return of any costs prepaid to the Borough.
e. 
Insurances.
1. 
The Borough shall be responsible to provide all necessary insurance coverage for the police required by law, including but not limited to workers' compensation, public liability, and claims for damages for personal injury including death or damage to property which may arise as a result of the Borough's performance under contract.
[Ord. No. 2010-33]
There is hereby created the position of part-time relief desk clerk to perform such administrative, receptionist, filing and other functions designated by the Chief of Police. The filling of such position and the compensation for same are solely at the discretion of the Borough Council.
[2002 Code § 2.24.010]
A Fire Department in and for the Borough is established.
[2002 Code § 2.24.020]
The Fire Department shall consist of the Mayor, members of the Borough Council and such other persons as may be members in good standing of the Fair Haven Volunteer Fire Company under and by virtue of the rules and regulations of the Volunteer Fire Company.
[2002 Code § 2.24.030]
The Volunteer Fire Company shall adopt such rules and regulations of the department and shall pursuant thereto elect from among its own members, a Chief, Deputy Chief, First Assistant Chief, Second Assistant Chief, President, Secretary, Treasurer and such other offices, as may be necessary.
[2002 Code § 2.24.040]
a. 
It shall be the duty of the Fire Chief to examine periodically all the fire apparatus and buildings in use for the protection of the same, and all public hydrants, and report the condition thereof to the Borough Council at its first regular meetings in the months of July and December, together with a record of the number of fires attended by him, or in his absence, by the Deputy Chief and Assistant Chiefs, and the causes of the fires and such other information as he may deem proper.
b. 
He shall, under the direction of the Borough Council, superintend in person and direct all necessary repairs to the buildings and apparatus in use by the Fire Department.
c. 
He shall in all cases of fire threatening danger and destruction to property, take prompt and effectual measures and use the means of the department to extinguish the fires and shall at all times and on occasions of alarms of fire, have sole and absolute control and command over all the fire apparatus and the members of the Fire Department and other persons aiding and assisting the Department in case of actual fire.
[2002 Code § 2.24.050]
In the absence of the Chief, his command shall devolve upon and his duties be performed by the Deputy Chief and the Assistant Chiefs in the order of their grade or in their absence, by the most recent ex-Chief present.
[2002 Code § 2.24.060]
a. 
The Chief, Deputy Chief and Assistant Chiefs shall respond as appropriate to all fires within the Borough and are empowered and required to take charge of any building which may be on fire; to admit only so many and such persons (not firemen) to the building as they may think necessary to aid the extinguishment of the fire and the preservation of all goods and of all endangered property.
b. 
They may lawfully enter and examine any building, place, vehicle or vessel where any gunpowder or other explosive or inflammable material may be lodged or stored. The Chief, Deputy Chief or Assistant Chiefs may direct the removal or securing of any such materials.
c. 
The Chief, Deputy Chief and Assistant Chiefs are invested with all the power of police officers of the Borough while going to, attending and returning from the fire. They may and shall preserve the peace and protect private and public property.
d. 
The Chief, Deputy Chief and Assistant Chiefs may inspect any chimney flue, pipe or smokehouse reported by any citizen of the Borough to be dangerous and liable to cause destruction by fire, and if found in such condition, may order the same to be cleaned, repaired, renovated, or removed by the tenant or owner. The tenant or owner shall comply with the order within 72 hours and upon the failure of the tenant or owner so to comply, the Chief, Deputy Chief, or Assistant Chiefs may make complaint to the Judge of the Municipal Court.
[2002 Code § 2.24.070]
On or before the first Monday in January of each year, it shall be the duty of the Secretary of the Volunteer Fire Company to furnish and file with the Municipal Clerk the name, residence and occupation of each person elected a member of the Volunteer Fire Company and likewise the names of all members of the Volunteer Fire Company who shall have died, resigned or been expelled within the last preceding year.
[2002 Code § 2.24.080]
The Municipal Clerk shall keep a true and proper list of the members of the Fair Haven Volunteer Fire Company as well as those who have died, resigned or been expelled from the company.
[2002 Code § 2.24.090]
The Chief, Deputy Chief and Assistant Chiefs shall wear when on duty, hats on which shall be emblazoned the names of the respective offices.
[2002 Code § 2.24.100]
No man who shall have been expelled from the Volunteer Fire Company shall assist at any fire or handle any of the apparatus.
[2002 Code § 2.24.110]
The Chief shall have power to suspend from duty any member of the Volunteer Fire Company for disobeying his orders or the orders of the officers in command when on duty. All appeals from his decision shall be made in writing to the Executive Board of the Volunteer Fire Company at its next regular meeting which Board shall review and affirm, reverse or alter such decision by a majority vote of all members of the Board.
[2002 Code § 2.24.120]
No fire apparatus shall leave the Borough except by the permission of the Mayor or Chairman of the Fire Committee of the Borough Council, provided that in case of necessity any member of the Borough Council, the Chief, Deputy Chief or either of the Assistant Chiefs may permit any fire apparatus to leave the Borough unless objections to such leave be promptly made by a majority of the Borough Council.
[2002 Code § 2.24.130]
It shall be the duty of the Chief to submit to the Mayor and Council, at the first regular meeting of the Mayor and Council after the organization meeting in each year, the names of members of the Volunteer Fire Company to be appointed Fire Police to hold office during the ensuing year.
[2002 Code § 2.24.140]
It shall be the duty of the Fire Police after being sworn in to organize and elect from among their number a Captain of Fire Police, a First Lieutenant of Fire Police and a Second Lieutenant of Fire Police, all of whom shall hold office for one year.
[2002 Code § 2.24.150]
The Fire Police shall have the authority and perform the duties granted to and required of them under and by virtue of the provisions of N.J.S.A. 15:8-4.
[2002 Code § 2.24.160]
a. 
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq. The Home Rule Act which directs municipalities to act for the health, welfare, and safety of its citizens and to implement N.J.S.A. 15:8-1.1.
b. 
Membership in a Volunteer Fire Company means membership in a Volunteer Fire Company pursuant to the New Jersey Statutes, membership in a Volunteer Fire Company or similar organization constituted in a fire district pursuant to N.J.S.A. 40A:14-170.1, membership in a Junior Fire Fighter's Auxiliary established pursuant to N.J.S.A. 40A:14-95, or nonpaid membership in a part-paid Fire Department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.
c. 
Any person desiring membership in a Volunteer Fire Company shall complete in duplicate, filing same with the Volunteer Fire Company, an application for form of which may be prescribed by the Volunteer Fire Company, but which shall contain the following information about the applicant:
1. 
Name;
2. 
Home address;
3. 
Birth date;
4. 
Social Security Number;
5. 
Driver's license number;
6. 
Any conviction or violation of N.J.S.A. 2C:17-1:
(a) 
Aggravated arson, or
(b) 
Arson, or
(c) 
Failure to control or report dangerous fire, or
(d) 
Directly or indirectly pays or accepts any forms of consideration for the purpose of starting a fire or explosion;
7. 
Any conviction of violation of N.J.S.A. 2C:33-3, False Public Alarms;
8. 
Any conviction of a crime or disorderly persons violation;
9. 
Such other information the Volunteer Fire Company deems relevant to the application provided none of such information is prohibited by law.
d. 
Following the filing of such applications the Volunteer Fire Company shall transmit one of the applications to the Chief of Police who shall conduct an investigation to ascertain the truth of the statements made by the applicant upon his/her application and any such other investigation by the applicant's background as he deems necessary for the protection of the public good. If, as the result of such investigation, the applicant is found to have been convicted of violation of N.J.S.A. 2C:17-1a, b, c, and/or d or N.J.S.A. 2C:33-3 or any other crime or disorderly persons violation or any other information that would indicate that the applicant may be a threat to the health, safety or welfare of the community, the Chief of Police shall report such information and the particulars thereof to the Volunteer Fire Company.
e. 
In connection with the investigation, the applicant shall submit to fingerprinting, and Chief of Police is authorized to submit applicant's fingerprint card to and receive State criminal history record information from the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this section.
f. 
This subsection is intended to make the Volunteer Fire Company an authorized agency as defined by N.J.A.C. 13:59-1.1.
[2002 Code § 2.24.170; Ord. No. 2007-30; New; Ord. No. 2009-04 § II]
a. 
Definitions. The following definitions shall apply to the provisions of this subsection.
ACTIVE MEMBER
Shall mean individuals who reside in the Borough and are members in the Volunteer Fire Company, First Aid Squad (EMS), Auxiliary, Fire Police who meet the definition of either active member or exempt member as established by the bylaws of the volunteer organization.
CHILDREN OF ACTIVE MEMBERS
Must reside in the Borough.
FEES
Are limited to those charges listed in this subsection which are fully retained to the Borough as a revenue for open enrollment programs only. Specifically excluded is any portion of the fees collected by the Borough on behalf of another entity, including but not limited to the State, County, or outside vendor.
VOLUNTEER ORGANIZATION
Shall mean the Fire Company, First Aid Squad (EMS), Auxiliary and Fire Police of the Borough.
b. 
Incentives. All active members of the Fair Haven Fire Company, First Aid (EMS), Auxiliary, Fire Police as defined in paragraph a above shall be entitled to the following benefits:
1. 
Exemption from the municipal portion of the Uniform Construction Code fees for the issuance of a building permit required in connection with either the construction of a new single-family home or an addition or repairs to an existing single-family home. The fee exemption is not to exceed $500 and the dwelling must be owned and occupied by the active member;
2. 
Exemption from fees for children of active members attending Borough recreation programs;
3. 
Exemption from the municipal portion of the fees for the issuance of a permit required in connection with the use of the municipal boat launching ramp;
4. 
Exemption from the municipal portion of marriage license fees for the active member; certified copies of marriage licenses for the active member, and certified copies of birth and death certificates for immediate members of the active member's family (father, mother, children).
5. 
Exemption from fees for garage sale permits.
6. 
Exemption from fees for tree removal permits.
7. 
Exemption from fees for P.O.D. applications.
c. 
Administration.
1. 
On or about January 1st of each calendar year, the Membership Status Chairperson of the Fire Department shall submit to the Municipal Clerk a list of all individuals who meet the definition for active member status, updated to add those individuals who have completed their probationary period or to delete individuals who have been dropped from membership or who no longer meet the criteria for active member status.
2. 
All active members and their family where applicable, must comply with all registration procedures and complete all application forms established by the Borough.
d. 
Exclusions. No exemption shall be allowed for the following fees:
1. 
Fees, licenses and permits associated with any for profit activity;
2. 
Inclusion in programs when the registration is received after maximum registration has been reached;
3. 
Fees and escrows required by either the Planning Board or Board of Adjustment in connection with any site plan or subdivision application;
4. 
Escrows associated with engineering inspections;
5. 
Posting of performance guarantees where required or permitted by law.
[Ord. No. 2008-05 § 2.24.171; Ord. No. 2018-15]
a. 
Junior Fireman's Auxiliary.
1. 
A Junior Fireman's Auxiliary to the Volunteer Fire Department of the Borough of Fair Haven is hereby established pursuant to the provisions of N.J.S.A. 40A:14-95 et seq. and subject to the supervision of the fire company and its Chief. The members of the Auxiliary shall be known as "Junior Firemen."
2. 
Junior Firemen shall meet all the qualifications of regular firemen, except that they need only have reached the age of 14 years and may be no older than 18 years of age.
3. 
The Junior Firemen, before being considered for membership, must obtain permission to join the Auxiliary from their parent or guardian and must submit to the fire company the permission, in writing, and acknowledged or approved in the manner required by law for deeds to real estate to be recorded.
4. 
Members of the Auxiliary shall be insured by the same coverage and in the same amounts provided for the regular volunteer Firefighters of the Borough of Fair Haven.
5. 
Every person seeking to become a Junior Firemen must apply and be selected in the same manner as regular Firefighters.
6. 
Junior Firemen shall be trained for eventual membership in the Fair Haven Volunteer Fire Company by the Chief and the regular members.
7. 
No Junior Firemen shall be allowed to perform duties that would expose him to the same degree of hazard as a regular member of the Volunteer Fire Company.
8. 
Junior Firemen shall not fight fires.
9. 
Junior Firemen shall be subject to provisions of the Borough ordinance covering Firefighters and to suspension or expulsion as provided therein.