[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 5-6-24 as Ord. No. 49.
Sections 12-4 and 12-8 amended 5-14-74. Amended in entirety 9-13-88
by Ord. No. 88-32. Amendments noted
where applicable.]
[Amended 3-27-01 by Ord. No. 2001-8]
The Fire Department of the Town of Secaucus shall consist of
five companies not exceeding 110 members, and one Chief, one Deputy
Chief, and one Battalion Chief. The said Fire Department shall be
organized in accordance with and subject to this chapter.
A.
1. It shall be the responsibility of the Mayor and Council of the Town
of Secaucus to appoint such firefighters who meet the qualifications
set forth in this chapter, and to approve transfers of firefighters
within the Department, upon the recommendation of the Fire Chief.
[Amended 2-13-91 by Ord. No. 91-6]
2. Any applicant seeking to become a Secaucus Volunteer Firefighter,
whose application is not recommended by the Fire Chief to the Mayor
and Council for appointment or transfer, shall be afforded the opportunity
to appeal such decision of the Fire Chief before Mayor and Council
by filing notice thereof with the Secaucus Town Clerk within 30 days
of such denial. The Mayor and Council may affirm or reverse the decision/recommendation
of the Fire Chief, or remand the matter to the Fire Chief to act in
a manner not inconsistent with their opinion respecting the application.
The Mayor and Council or the Fire Chief shall not waive any qualification
requirement, except as may be provided for herein.
B.
Qualifications of firefighters.
Each member of the Secaucus Volunteer Fire Department shall meet,
and continue to meet, the following qualifications:
[Amended 4-11-06 by Ord. No. 4-2006]
1.
(a) Be a member of the Fire Department at the passing of this ordinance.
(b) Be a citizen of the United States or have current legal status within
the United States and be a resident of the Town of Secaucus.
[Amended 1-9-18 by Ord. No. 2017-27]
2. Be a minimum of 18 years old.
3. Be of sound mind.
[Amended 2-13-91 by Ord. No. 91-6]
4.
(a) Have no physical disorders, which shall be more particularly evaluated
by a physician at an industrial type medical clinic as designated
by the Mayor and Council and such physician shall provide a written
medical report to the Mayor and Council recommending the approval
or rejection of the individual as a firefighter.
(b) Any firefighter upon attaining the age of 55 shall have a pulmonary/cardiovascular
examination every two years. Within 90 days of the effective date
of this subsection, all firefighters over the age of 55 shall comply with
this subsection requiring pulmonary/cardiovascular examinations. All
bills incurred for this exam shall be the responsibility of the Town
of Secaucus.
(c) Any firefighter who becomes aware of having heart disease, epilepsy
or emphysema shall report such conditions to the Fire Chief, and such
firefighter cannot continue to be a firefighter unless a physician's
certificate is provided that certifies that such firefighter is fit
to participate as a firefighter, the Fire Chief may require such firefighter
to undergo a physical examination as required by Section 12-2B4(a).
(d) A physical examination of any firefighter may be ordered upon the
recommendation of a captain, and with the concurrence of the Fire
Chief, or the Fire Chief acting alone.
5. Have a valid New Jersey driver's license. A motor vehicle record
check will be conducted for all applicants and shall be satisfactory
to the Department in accordance with Town policy. Applicants and members
shall provide any necessary information and complete any necessary
documents for a motor vehicle check to be conducted.
[Amended 1-9-18 by Ord. No. 2017-27]
6.
(a) Shall have served as a probationary firefighter with the Secaucus Volunteer Fire Department for at least one year, and such person shall have passed a medical exam. As required by Section
12-2B4 hereof, within two years of such acceptance by a fire company; and
[Amended 7-27-10 by Ord. No. 2010-29]
(b) Have completed Firefighter 1 course of any fire academy recognized
by the State of New Jersey and approved by the Fire Chief; or have
served as a firefighter in any paid or volunteer fire department or
have engaged in any active firefighting duties in any government fire
department.
7. Having no facial hair which, in the sole discretion of the Mayor
and Council, would prevent effective use of a Scot-pack type breathing
apparatus. As a qualification of membership each of the said members
shall, at the time of appointment and at all time thereafter, be and
remain clean-shaven with the exception, however, of those members
who as of June 1985 and continuously thereafter: (a) were members
of a company; and (b) wore and continue to wear beards. The maximum
number of members in each of the companies shall be increased by the
number of members of such company who are exempted from the requirement
that members be clean-shaven, and such maximum number of members shall
be reduced by one to the number provided in this chapter as each member
exempted from the requirements that members be clean-shaven terminates,
or is terminated from membership, or loses his exemption. However,
reduction in maximum membership resulting from a member's loss of
exemption shall not require the termination of any other member to
reduce a company to its maximum membership.
8. Be of good moral character, and not act or have acted in any way
to reflect unfavorably upon the Secaucus Volunteer Fire Department
or the Town of Secaucus.
[Amended 2-13-91 by Ord. No. 91-6]
9. Criminal history background checks.
[Added 3-28-17 by Ord. No. 2017-7]
(a) Applicants and current members shall execute a waiver or consent
form allowing the Chief of Police or his designee, which may be a
third party, to conduct federal, state and local criminal history
background checks. For applicants, checks shall be performed at time
of initial application and at least every four years from date of
official acceptance by the Mayor and Council by resolution as a member
of the Department, or as ordered by the Chief of Police. For current
members at the time of enactment, the Fire Chief shall establish a
phase-in period for implementation and all current members shall comply
with background checks within said time and subsequent checks be done
at least every four years from the date of the initial check, or as
ordered by the Chief of Police.
The Town shall pay for the cost associated with conducting the
background check(s). The applicant or firefighter shall authorize
the Chief of Police to be the recipient of the affirmation or negative
response of the background check from the Federal Bureau of Investigation,
Identification Division, the State Police or other entity.
(b) An applicant or firefighter shall not be given an appointment or
allowed to continue to serve as a firefighter in the Town of Secaucus
in the event a background check discloses a lack of good moral character,
willful falsification of any information on the application for appointment
submitted in accordance with this chapter, or convictions for the
below specified crimes or offenses. For purposes of this subsection,
such crimes and offenses shall include, but not be limited to:
[1]
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11, et seq. (criminal homicide),
N.J.S.A. 2C:12-1, et seq. (assault; stalking reckless endangering;
threats), N.J.S.A. 2C:13-1, et seq. (kidnapping and related offenses),
N.J.S.A. 2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1 et
seq. (robbery); or
[2]
Involving a first, second, third or fourth degree crime or any
indictable level crime; or
[3]
Involving theft as set forth in Chapter
20 of Title 2C of the New Jersey Statutes; or
[4]
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter
35 of Title 2C of the New Jersey Statutes; or
[5]
Involving any offense related to fires, arson, fire starting
or false public alarms; or
[6]
Involving any crime or offense that touches upon the ability
to properly and adequately serve as a firefighter; or
[7]
In any other state or jurisdiction, conduct which, if committed
in New Jersey, would constitute any of the crimes or disorderly person's
offenses described above.
(c) The list of crimes and violations contained in this subsection is
for illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from being a firefighter as indicated herein.
(d) Refusal to submit to a background check will result in an immediate
dismissal or non-approval of a firefighter.
(e) For an applicant or firefighter who can demonstrate clear and convincing
evidence that they have been rehabilitated, disqualification based
on the above list of crimes and violations in paragraph (b) or in
accordance with paragraph (c) may be reviewed at the discretion of
the Chief of Police and Fire Chief. Factors that may be considered
in any review shall include: 1) the nature and circumstances surrounding
the offense, 2) the date of the offense, 3) the age of the applicant
or firefighter at the time of the offense, 4) whether the offense
was an isolated or repeat offense or incident, and 5) any information
provided on rehabilitative efforts taken by the applicant or firefighter,
which may include but is not limited to, completion of time served,
work release and/or community service, good behavior during rehabilitative
period, therapeutic and/or psychiatric treatment received, academic
or vocational training participated in, and recommendations from individuals
who supervised or were involved in the rehabilitative efforts of the
applicant or firefighter.
C. Each firefighter shall continue to qualify by meeting such qualifications set forth in Section
12-2B while he is an active member of the Secaucus Volunteer Fire Department. The Chief of the Department is hereby authorized and directed to determine, from time to time, that each firefighter is currently qualified by meeting such standards.
[Amended 3-28-17 by Ord. No. 2017-7]
D. Each engine company and hose company shall maintain a minimum number
of qualified members:
[Amended 1-9-18 by Ord. No. 2017-27]
(1) Engine Company No. 1: No less than 12 qualified members.
[Amended 1-9-18 by Ord. No. 2017-27]
(2) Engine Company No. 3: No less than 12 qualified members.
[Amended 1-9-18 by Ord. No. 2017-27]
(3) Engine Company No. 2/Fire Rescue No. 1: No less than 17 qualified
members.
[Amended 1-9-18 by Ord. No. 2017-27]
(4) Tower No. 2: No less than 12 qualified members.
[Amended 10-11-88 by Ord. No. 88-32; 1-9-18 by Ord. No. 2017-27]
(5) Engine Company No. 4/Ladder 1: No less than 17 qualified members.
[Amended 10-11-88 by Ord. No. 88-32; 1-9-18 by Ord. No. 2017-27]
E. The Secaucus Fire Department shall be permitted to maintain a junior
firefighter program. Each member of the Secaucus Junior Firefighter
Program shall meet and abide by the following:
[Added 5-13-14 by Ord. No. 2014-14]
(1) Be a minimum of 16 years of age and will not have passed their eighteenth
(18th) birthday.
(2) Be a citizen of the United States or have current legal status within
the United States and be a resident of the Town of Secaucus.
[Amended 1-9-18 by Ord. No. 2017-27]
(3) Be physically fit to perform the duties of a junior firefighter and
be evidenced by a certificate to that effect, made by a practicing
physician of the State of New Jersey approved by the Town.
(4) Provide any and all information and documentation requested on the
program application, and submit such to the Fire Chief or his designee.
(5) Provide any and all documentation of consent from a parent or legal
guardian as requested by the Town and the Fire Department. This may
include, but not be limited to, consent to participate in the Junior
Firefighter Program, birth certificate, waiver of liability, and consent
to allow for emergency medical treatment.
(6) As set forth in Section
12-2A, it shall be the responsibility of the Mayor and Council of the Town of Secaucus to appoint such junior firefighters who meet the qualifications set forth in this chapter, and to approve transfers of junior firefighters within the Department, upon the recommendation of the Fire Chief. Any applicant whose application is not recommended by the Fire Chief to the Mayor and Council shall follow the procedures as set forth in Section
12-2A.
(7) Junior firefighters shall not be permitted to operate any fire department
vehicles, vehicle apparatus or any other equipment specified in the
Junior Firefighter Program Policy.
(8) Junior firefighters in good standing with the Secaucus Volunteer Fire Department are entitled to allowances for active periods of service in the Department as set forth in §
12-21.
[Amended 7-23-2019 by Ord. No. 2019-27]
(9) Junior firefighters do not have any voting rights within the Department.
(10) The Secaucus Junior Firefighter Program shall be governed by all
policies approved by the Mayor and Council.
(11) Junior firefighters shall be required to follow all policies, rules
and regulations of the Secaucus Fire Department and of the Secaucus
Junior Firefighter Program, as well as, any orders of any commanding
officers.
(12) Any junior firefighter who violates any policy, rule or regulation
may be suspended, dismissed or subject to any other discipline as
the conduct or action so requires.
A. Fire companies may only be established with the consent of the Mayor
and Council of the Town of Secaucus. No less than 12 qualified members
nor more than 20 qualified members shall be required for permission
by the Mayor and Council to organize as an engine/hose company, and
no less than 17 qualified members nor more than 25 qualified members
shall be required to form a hook and ladder company. Any newly formed
companies shall be subject to compliance with this chapter.
B. Each company shall establish a Membership Committee consisting of
not more than 15 members which shall be solely responsible for evaluating
and ruling upon applications for membership. The committee shall,
within 60 days of receipt of a membership application by an applicant,
report to the company as to whether or not such person qualifies for
membership. Applicants reported upon favorably for membership shall
be admitted in the order in which their applications were received,
such admission shall be in accordance with this chapter.
[Amended 3-27-2001 by Ord. No. 2001-8]
A. The term of Fire Chief, Deputy Chief, and Battalion Chief shall each
be for two years, and shall commence as of January 1 of each year.
B.
Battalion Chief.
[Amended 2-14-1989 by Ord. No. 89-8; 11-27-2012 by Ord. No. 2012-41; 10-26-2021 by Ord.
No. 2021-27]
1. The Battalion Chief, who, in order to qualify must have served as
Captain of his respective company for at least two years, shall be
elected for a two-year term by ballot of the members of the Fire Department.
Such Battalion Chief shall be elected from that company where it is
designated by order of rotation to have such Battalion Chief elected.
The order of rotation is as follows: first from Engine Company No.
1, then from Engine Company No. 3, then Engine Company No. 2/Rescue
No. 1, then Tower No. 2, and then Truck Company No. 1/Engine Company
No. 4 (no preference is implied by this order of rotation).
2. Nominations for Battalion Chief shall be made in October of the appropriate
year, with a deadline of October 31. The election shall be conducted
in November, prior to November 30 between the hours of 7:00 p.m. and
9:00 p.m. at the firehouse from where the new Battalion Chief is to
be elected, and one member of each company selected by such company
shall act as an inspector of such election; one inspector shall be
designated the head of the election committee. Said inspectors shall
supervise the election, by secret ballot, and shall thereupon proceed
to take the votes of the Department; the person receiving the greatest
number of votes for Battalion Chief shall be declared elected, subject
to the approval of the Mayor and Council, and the head of the committee
shall report the results to the Mayor and Council at the first meeting
thereafter. Such person shall be confirmed by the Mayor and Council,
or the Mayor and Council may choose, for good cause, not to confirm
such person whereupon a new election shall be held. The filing of
absentee ballots from all members of the Fire Department who are unable
to vote in person at such election shall be permitted, provided that
such absentee ballots are received prior to such election; the Fire
Chief may establish such rules and regulations as may be necessary
to effectuate such absentee ballot voting procedure.
3. The election date shall be selected by the Secaucus Volunteer Fire
Department Mutual Association in consultation with the three chiefs,
and the Secaucus Volunteer Fire Department Mutual Association shall
provide written notice to the senior officer for each firehouse at
least 14 days' prior to the election. Written notice of the election
shall be prominently posted at each firehouse at least 10 days'
prior to the election. Nomination and election dates may be changed
for cause by the Fire Chief upon approval of the Mayor and Council.
C. At the expiration of the term of the Fire Chief, the Deputy Chief
shall become the Chief. After the expiration of the term of the Deputy
Chief, the Battalion Chief shall become the Deputy Chief.
D.
1. If, during their respective terms, the Chief or the Deputy Chief
shall resign, or can no longer act, such remaining Chiefs shall move
up into the next rank and shall continue in such rank for the unexpired
term of the vacancy that was created, and then shall assume their
own terms of office. The most recent former chief, who is qualified
to act and chooses to act, shall serve the unexpired term of the Battalion
Chief until the next scheduled election is held and a new Battalion
Chief is elected.
2. If, during his term of office, the Battalion Chief resigns or can
no longer serve, an election shall be held by the Fire Department
to elect a new Battalion Chief to fulfill his unexpired term from
the membership of the company where the Battalion Chief is/was a member.
Thereafter, such newly elected Battalion Chief shall move up in rank
as set forth in this chapter.
[Amended 3-27-01 by Ord. No. 2001-8]
A. The Deputy Chief shall at all times assist the Chief in the performance
of the Chief's duties and obey and enforce his commands and, in the
absence of the Chief at a fire scene or emergency, shall act as Chief.
In the absence of both the Chief and the Deputy Chief, the Battalion
Chief shall act as Chief. In the absence of all said Chiefs, the highest
ranking officer first at the scene shall be deemed the ranking officer
at such scene, until the arrival of the Chief, Deputy Chief, Battalion
Chief, or Captain.
[Amended 3-27-01 by Ord. No. 2001-8]
The Chief shall at the scene of a fire or rescue call, or otherwise,
have sole and absolute control of and command at the exclusion of
all others in the Department. He shall cause the arrangement of fire
engines and placement of all other apparatus at a fire and cause them
to be used in such a manner as will extinguish the fire most quickly
and effectively. He shall examine periodically the condition of the
fire engines, apparatus, engine houses and all other property belonging
to the Fire Department of the Town, and shall report the same and
their condition to the Mayor and Council at its second meeting in
December of each year, which report shall be accompanied by a statement
of the number of fires that have occurred during the preceding year
and the number of fires attended by him or, in his absence, by the
Deputy Chief or Battalion Chief, and such information as is necessary
to advise the Mayor and Council of the operation of the Department.
The members of each company shall, at a regular meeting of such company, or at a special meeting, for which there has been at least 48 hours written notice to the residence of each member, to elect to serve for two years, or to fill a vacancy, a Captain, Lieutenants, a Secretary and such other officers not inconsistent with this chapter and as the bylaws may require; the Secretary of said company shall report the results, and the names of the persons so elected thereto, at the next regular meeting of the Mayor and Council. Any company having 21 firefighters, not counting such firefighters exempted from a count in accordance with Section
12-2B8, shall have a Captain and Lieutenant.
A. Each company may enact rules and adopt bylaws for the government
of its own company provided, however, that such rules and bylaws are
consistent with local, state, and federal laws, and shall be reasonable
in the furtherance of the intent of this chapter. Such rules and bylaws
shall not become effective until the filing of same with the Mayor
and Council. Such rules and bylaws shall not become effective until
30 days after the filing of same provided, however, the Mayor and
Council do not determine that such rules and bylaws shall not become
effective and stating the reasons thereof. Adequate notice of such
rules and bylaws shall be given to the respective members of the company.
Any change to such rules and bylaws shall not become effective until
such changes have been approved by the Mayor and Council, and adequate
notice of such changes is given to the respective members. It shall
be presumed conclusively for the purpose of the section that adequate
notice will be the posting of such rules and bylaws by the Captain
in the respective firehouse for 72 hours prior to their effectiveness.
The time of posting of such rules and regulations, as well as the
effectiveness of same, shall appear on said rules and regulations.
B. The Fire Chief may establish and, from time to time, amend rules
and regulations as he deems necessary for the government and efficient
working of the Secaucus Volunteer Fire Department provided, however,
that such rules and regulations are in conformity with local, state,
and federal laws, and are reasonable in the furtherance of the intent
of this chapter, and all such rules and regulations are approved by
the Mayor and Council. Upon the retirement or leaving of office of
any Fire Chief, the new Fire Chief shall review all rules and regulations
voted previously upon by the Mayor and Council, and shall resubmit
such rules and regulations if he wishes same to be effective, and
any rules and regulations he may wish to promulgate, to the governing
body for approval. No rules and regulations shall be effective until
same are approved by the Mayor and Council. The promulgated rules
and regulations, as well as any amendments or supplements thereto,
shall be delivered to each member of the Department for them to take
immediate effect upon such member. If such rules and regulations are
not delivered to each member, such rules and regulations shall take
effect after same have been posted in the firehouse for a period of
72 hours after such posting. It shall be the responsibility of the
Captains or Lieutenants to post the rules and regulations. The time
of posting and the time of effectiveness of such rules and regulations
shall appear on said rules and regulations.
[Amended 3-27-01 by Ord. No. 2001-8]
A. Unless otherwise directed by the Chief or Deputy Chief or, in their
absence, the Battalion Chief, it shall be the duty of each company
to proceed diligently and immediately to a fire or place when an alarm
originates upon an alarm of a fire.
B. No company shall remove its apparatus from any fire scene or emergency
unless authorized by the Fire Chief, Deputy Chief, or Battalion Chief
or, in their absence, any other officers, if any, in charge at said
location. Once permission is granted, such company shall return its
apparatus immediately to its firehouse, and such apparatus shall be
washed and prepared for the next call.
A. Suspensions of firefighters by captains or lieutenants. A captain
or lieutenant of a fire company may suspend a firefighter of his company
for any violation of this chapter or the bylaws established by his
company for a period not to exceed two weeks. Further disciplinary
action may only be taken against such firefighter provided that such
firefighter shall be afforded a hearing by said company where said
firefighter has adequate notice and an opportunity to be heard, and
such decision is approved by the company's membership. Said member
may appeal said suspension to a committee composed of the three Fire
Chiefs. Further disciplinary action may be taken by said officers
pursuant to a hearing conducted by a committee of the three Fire Chiefs,
where such member has adequate notice and an opportunity to be heard.
Said member may appeal committee's decision within 10 days to the
Mayor and Council.
[Amended 3-13-91 by Ord. No. 91-1]
B. Suspension of firefighters at the scene of a fire or place when an
alarm originated. The Chief, Deputy Chief or Battalion Chief, or the
commanding officer at the scene of a fire or at the place where an
alarm originated, may suspend any firefighters for any violation of
this chapter, violation of any Rule or Regulation of the Department,
or for good cause, for a period not to exceed two weeks. Said member
may appeal said suspension to a committee composed of the three Fire
Chiefs by providing notice to each Chief within seven days of such
suspension. Further disciplinary action may be taken by said Chiefs
or commanding officer pursuant to a hearing conducted by a committee
of the three Fire Chiefs, where such member had adequate notice and
an opportunity to be heard. Said member may appeal committee's decision
within 10 days of the receipt of such decision to the Mayor and Council.
[Amended 3-27-01 by Ord. No. 2001-8]
C. Suspension by Fire Chief, Deputy Chief, or Battalion Chief. The Fire
Chief, Deputy Chief, or Battalion Chief may suspend any member of
the department for a period not to exceed one year or as deemed appropriate
by the Chief for any violation of this chapter, any violation of the
rules or regulations adopted by the Fire Chief pursuant to this chapter,
for any good cause or for any actions of a firefighter which are detrimental
to the best interests of the Fire Department or the Town of Secaucus,
regardless of whether such behavior, conduct, or violation as aforesaid
is at the scene of a fire or not. Said member may appeal said suspension
to a committee composed of the three Fire Chiefs and a hearing conducted
by a committee of the three Fire Chiefs, where said member has adequate
notice and an opportunity to be heard. The suspension shall be reviewed
by the committee, and the discipline term modified or further disciplinary
action be taken by said committee of Chiefs. Said member may appeal
the committee's decision in writing within 10 days to the Mayor and
Council.
At the end of a member's suspension period, regardless of the
length of the suspension, a committee composed of the three Fire Chiefs
shall review the suspension situation, and further disciplinary action
may be taken by said Chiefs pursuant to a hearing where said member
has adequate notice and an opportunity to be heard. Said member may
appeal the committee's decision in writing within 10 days to the Mayor
and Council.
[Amended 3-27-01 by Ord. No. 2001-8; 3-28-17 by Ord. No. 2017-7]
D.
In addition to disciplinary action authorized by Section
12-10 of this chapter, said committee of three Fire Chiefs or the Mayor and Council may, under appropriate circumstances not inconsistent with this chapter, employ the following disciplinary actions:
1. Oral or written reprimand.
2. Fine, not to exceed $500.
5. Permanent expulsion from the Department.
E. Suspension or expulsion of any Fire Chief from the Department. The
Mayor and Council shall, upon good cause or for any violation of the
laws of the State of New Jersey, or this chapter, suspend or expel
any Fire Chief provided, however, that such Fire Chief shall have
an opportunity to be heard before said governing body.
F. Suspension for fighting. Any member of the Department who enters
into a fight or scuffle with another member of the Department by a
mutual consent shall be immediately suspended from the Department
pending a suspension/expulsion hearing. If the fight or scuffle occurs
at the scene of a fire or place where an alarm originated, the commanding
officer at the scene or other place shall promptly notify the member
that he is immediately suspended and charged with unbecoming conduct.
If the fight or scuffle occurs elsewhere, the notice shall be by any
commanding officer in whose presence the incident occurred or to whom
the incident is reported. Within 10 days of the suspension, a hearing
shall be held before the Fire Chief, Deputy Chief, or Battalion Chief
on written notice to the suspended member. At the hearing, the suspended
member shall be given the opportunity to be heard. The Chief hearing
the matter shall determine whether the member is guilty of unbecoming
conduct as charged, and, if so, whether expulsion from the Department
is warranted. If the charge is sustained, the member shall serve a
minimum suspension period of six months or be expelled from the force.
The Chief shall give written notice of his decision to the member
within five days of the hearing. The member may appeal the Chief's
decision to the Mayor and Council by giving written notice thereof
to the Town Administrator within 10 days of the Chief's decision.
If the Fire Chief is charged with fighting, the Town Administrator
shall act as the hearing officer.
[Added 11-24-98 by Ord. No. 98-36; amended 3-27-01 by Ord. No. 2001-8]
Each firefighter suspended from the Secaucus Volunteer Fire
Department in conformity with this chapter shall, during such suspension,
forfeit all rights and privileges as a member of said Department,
except the right to vote at Department elections and have his name
appear on a ballot to run for office within the Department; such right
to vote and run for office shall not be denied during such suspension
period except if decided by the Mayor and Council pursuant to disciplinary
hearings of such member.
[Amended 2-13-91 by Ord. No. 91-6]
A. Leaves of absence.
(1) At the discretion of the captain of each fire company, a leave of
absence, not to exceed 30 days may be granted to any firefighter.
Such leave of absence shall not be unreasonably denied, and no firefighter
may receive a leave of absence for an aggregate of more than 30 days
in any one calendar year without the consent of the Mayor and Council.
(2) The Mayor and Council may authorize a leave of absence for over 30
days to any firefighter for good cause.
(3) Any firefighter who is off the Department for one year or longer
will be required to reapply as any new member would apply, including
the physical examination requirement.
B. Transfers. Any firefighter may transfer from one fire company to
another fire company in the Town, provided that such transfer is approved
by the Mayor and Council upon the recommendation of the Fire Chief.
C. Applications required by firefighters who have resigned previously.
Any firefighter who seeks to become a member of any Secaucus fire
company after having resigned from the Department, shall be required
to apply as a new member and shall undergo a physical examination
requirement.
All members of the Fire Department shall perform a minimum of
60% of all duties assigned to each member. For the purpose of this
section, assigned duties shall include responses to fire, provided
that this is not in conflict with such firefighter's employment, cleaning
details, drills, meetings, special details, parades, and memorial
services.
No repairs to Fire Department equipment or apparatus shall be
made by any vendor except those under contract without the Fire Chief's
approval; however, the Fire Chief may, from time to time, establish
rules and regulations, if he deems it necessary, regarding any repair
including such repairs that would be provided by the vendors under
contract.
It shall be the duty of all members of the Secaucus Volunteer
Fire Department to see that all firefighting equipment, apparatus,
implements, and firehouses used by them are used properly and are
protected from damage by neglect or otherwise; each member shall report
any necessary repairs to the Fire Chief.
No fire apparatus shall be taken beyond the limits of the Town
of Secaucus for any purpose, except for mutual aid use, without the
consent of the Mayor and Council upon written application of the Fire
Chief.
The captain of each firehouse shall be responsible for assuring
that all records required to be maintained by the individual company
are so kept. Such records shall include, but not be limited to, membership
rosters and individual folders for each firefighter, including resignations,
suspensions, expulsions, commendations, etc. No such records may be
destroyed without the written approval of the Town Administrator.
The Mayor and Council of the Town of Secaucus may, at their
sole discretion, suspend or disband any company from service if it
is deemed to be in the best interests of the Town.
[Amended 4-11-06 by Ord. No. 2006-4]
A. No company, firefighter, or the Department shall raise funds in the
name of the Town of Secaucus, the Secaucus Volunteer Fire Department,
or an individual company, without the prior approval of the Town Clerk,
or in his/her absence the Deputy Town Clerk, for each specific fund
raising request and all advertisements and solicitations thereof.
In no event shall any company, firefighter, or the Department solicit,
accept or receive any payment, donations, contribution in cash or
in kind from any individual, family, business, corporations or entity
of any nature whatsoever which exceeds a value of $250. Any donations
over $250 notify the Town Clerk or Deputy Town Clerk.
B. No member of the Fire Department shall use any facility, equipment,
or vehicle assigned to the Fire Department to be utilized for any
political purposes.
The Fire Chief shall recommend to the Mayor and Council all
capital acquisitions he requests, and the other Fire Chiefs shall
submit their written comments regarding such requested acquisition.
[Added 10-28-97 by Ord. No. 97-26; amended 3-27-01 by Ord. No. 2001-8; 2-8-05 by Ord. No. 2005-1; 11-9-11 by Ord. No. 2011-30;
12-21-16 by Ord. No. 2016-33]
All members of the Secaucus Volunteer Fire Department in good
standing are entitled to the following allowances for active periods
of service in the Department:
A.
(1) A clothing allowance to be paid on a yearly basis in accordance with
the allowance schedule approved by the Mayor and Council and kept
on file with the Town Clerk; and
(2) A monthly allowance for responding to a specified percentage of calls
to be paid on a quarterly basis in accordance with the allowance schedule
approved by the Mayor and Council and kept on file with the Town Clerk.
Allowance amounts may vary according to firefighter position,
rank and/or percentage of fire calls responded to in the specified
time period.
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[Added 9-14-10 by Ord. No. 2010-37]
The Fire Chief may, from time to time at his discretion, appoint "Safety Officers" within the department in such a number and for a duration as determined necessary by the Chief. These Safety Officers shall serve at the pleasure of the Chief. Each person appointed to the position of Safety Officer shall be certified as such and shall have all requisite training and certifications as required by law and/or regulation prior to being appointed. The Safety Officer shall have all powers and responsibility at a fire scene as authorized by law and/or regulation. To the extent these powers and responsibility are in conflict with §
12-5 of the Town's Code, this section shall control.
[Added 7-28-2020 by Ord. No. 2020-11]
The Marine Division is composed of the Marine Units assigned
to the Secaucus Fire Department. Division duties are to protect the
waterways, structures, vessels, people, and wildlife within the Town
of Secaucus and neighboring communities. Members of the Marine Division
shall meet all of the qualifications, training, certifications and
age as set forth in the Town Code and the Marine Division Standard
Operating Procedures and Guidelines (SOGs).
[Added 7-28-2020 by Ord. No. 2020-11]
A. There shall
be two Captains designated to oversee the Marine Division under the
direction of the Chief. Captains shall oversee all training for each
vessel, maintain maintenance logs of each vessel, and coordinate any
repairs required.
B. The two
Captains shall have all of the responsibilities and duties of an engine,
rescue, or ladder company officer and be certified to an ICS 400 by
the State of New Jersey. They shall have served in a company with,
at a minimum, rank of Captain. They shall also be Coast Guard certified
with a minimum of 15 years of experience of operating a vessel on
tidal waterways. Captains shall also meet all of the other requirements
as set forth in the Town Code and in the Standard Operating Procedures
and Guidelines (SOGs).
C. Captains
shall receive all of the benefits of the rank of Captain; however,
at a fire scene, the Captain of the particular company they are assigned
to is in charge unless requested to assist.