[1984 Code § 2-8.1]
There shall be the following departments, officers, boards and
commissions in the Borough of Haworth:
[1984 Code § 2-8.2]
The head of a department, subject to the Code and the approval
or direction of the Council, shall:
a.
Prescribe the internal organization of the work of his department.
b.
Direct and supervise subordinate officers and employees of the department
and make, alter and enforce individual work assignments.
c.
Make recommendations with respect to approval or disapproval of payrolls,
bills and claims chargeable to departmental appropriations.
d.
Maintain records of work performance and unit costs thereof as may
be approved or required by the Council.
e.
Provide information and reports on the work of the department as
may be required by the Council.
f.
Exercise other or different powers of administrative supervision
and direction which the Council may delegate to him.
[1984 Code § 2-8.3]
The financial business of the Borough shall be committed to
a Department of Finance.
[1984 Code § 2-9.1; New]
Within the Department of Finance there shall be a Division of
the Treasury, the head of which shall be the Chief Financial Officer.
[Ord. No. 692 § 1;
New]
a.
Statutory Reference. By virtue of N.J.S.A. 40A:9-140.10, the New
Jersey Legislature mandated that the Governing Body of each municipality
must, by ordinance, create the position of Chief Financial Officer.
b.
Position Created; Appointment. There is hereby created the position
of Chief Financial Officer of and for the Borough of Haworth pursuant
to the provisions of N.J.S.A. 40A:9-140.10. The Chief Financial Officer
shall be appointed by the Mayor with the advice and consent of the
Borough Council and shall serve in accordance with the provisions
of N.J.S.A. 40A:9-140.8.
c.
Supervision by Borough Council. The Chief Financial Officer shall
at all times be under the supervision of and responsible to the Borough
Council in all actions relative to the duties and responsibilities
of the office to the extent not prohibited by law.
d.
Duties. Pursuant to N.J.S.A. 52:27BB-26 et seq., the Chief Financial
Officer shall oversee financial operations of the Borough:
1.
Receive funds entrusted, received or under the control of any department
and deposit all funds received by him/her in depositories authorized
by the Governing Body by resolution.
2.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all moneys of the
Borough not required for current operations safely invested or deposited
in interest bearing accounts.
3.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of the Borough bonds and notes for transfer,
registration or exchange.
4.
Keep a full account of all cash receipts and disbursements of the
Borough and at least once each month, or more often if the Governing
Body requires, furnish the Governing Body with a statement of all
moneys received and expended by him/her.
e.
Compensation. The Chief Financial Officer shall receive compensation
as provided in the Annual Salary Ordinance.
f.
Tenure of Office; Qualifications; Removal.
1.
Notwithstanding the provision of any other law to the contrary, any
person who has served as the Chief Financial Officer of the Borough
for four consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Borough's Clerk and the Division of Local Government Services
in the Department of Community Affairs a notification evidencing his
compliance with this section.
2.
Thereafter, the person shall continue to hold office during good
behavior and efficiency, and shall not be removed therefrom except
for just cause and then only after a public hearing upon a written
complaint setting forth the charge or charges against him pursuant
to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification
by the Director pursuant to N.J.S.A. 40A:9-140.12.
a.
Head of Division. Within the Department of Finance there shall be
a Division of Tax Collection, the head of which shall be the Borough
Tax Collector.
[1984 Code § 2-9.4; New]
a.
Appointment; Duties. Pursuant to N.J.S.A. 40A:9-141 et seq., the
Mayor, with the advice and consent of the Borough Council, shall appoint
the Tax Collector.
b.
Term of Office; Vacancies. The Tax Collector shall hold office for
a term of four years from January 1 next following his appointment.
Vacancies other than those due to expiration of term shall be filled
by appointment for the unexpired term.
c.
Qualifications. No person shall be appointed or reappointed as Tax
Collector unless he or she shall hold a Tax Collector Certificate
issued by the Director of the Division of Local Government Services.
d.
Certification Requirements. A Tax Collector certificate shall be
obtained upon qualification and successful completion of the examination
given by the Director of the Division of Local Government Services.
Qualifications for certification shall be in accordance with N.J.S.A.
40A:9-145.2. Revocation or suspension of any certificate shall be
in accordance with N.J.S.A. 40A:9-145.5.
e.
Duties. The Tax Collector shall be charged with the duty of collecting
taxes upon real property in the Borough. The Tax Collector shall possess
all of the powers and duties established by law. The Collector shall
enter in suitable books, which shall be retained at the Borough Hall,
to be kept for that purpose the sums received by him each day for
taxes, with the names of the persons on whose account the same have
been paid; shall keep a record and account of the finances of the
Borough, and shall, within 60 days after the end of the fiscal year,
or when otherwise required by the Council, make and furnish a report
thereof, with a detailed and true statement of all moneys received
by him and disbursed therefrom and for what purposes, from the commencement
of his official year to the date of his report, or for such period
as the Council may require, and a list of delinquent taxpayers for
the previous year. He shall file the report, with two copies of the
statement and list of delinquents, with the Borough Clerk within the
time hereinabove specified or when otherwise required by the Council.
He shall, as necessary and as directed, arrange for and conduct sales
of real estate for delinquent taxes.
f.
Compensation. The Tax Collector shall receive compensation as provided
in the annual salary ordinance.
Within the Department of Finance there shall be a Division of
Tax Assessments, the head of which shall be the Tax Assessor.
[1984 Code § 2-9.5; New]
a.
Appointment. The Assessor shall be appointed by the Mayor with the
advice and consent of the Borough Council for a term of four years
and shall acquire tenure as provided by law.
b.
Qualifications. The Tax Assessor shall hold the Tax Assessor's Certificate
provided for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty
of assessing property for the purpose of general taxation. Nothing
in this section shall affect adversely the salary or tenure rights
acquired pursuant to N.J.S.A. 54:1-35.31 or any other law.
c.
Duties. The Tax Assessor shall:
1.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a municipal assessor.
2.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
3.
Maintain a current tax map of the Borough as a public record and
cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other departments as provided by the Code.
4.
Report to the Council as to equalization proceedings and other matters
involving the County tax board and make recommendations as to action
to be taken in that regard.
5.
All records and official documents shall be kept at the Borough Hall.
d.
Compensation. The Tax Assessor shall receive compensation as provided
in the Salary Ordinance.
e.
Term of Office. The Tax Assessor shall hold office for a term of
four years. Vacancies other than due to expiration of term shall be
filled by appointment for the unexpired term.
[1984 Code § 2-9.6; New]
[1984 Code § 2-10.2]
Pursuant to N.J.S.A. 40A:9-154.6g, the Department of Public
Works, through the Principal Public Works Manager, shall take charge
of and be responsible for the construction, operation and maintenance
of all streets, roads, ponds, public buildings, grounds, projects
and facilities; the cutting of brush, mowing of grass, removal of
snow and refuse disposal; the maintenance of storm and sanitary sewers
and the care and maintenance of other public works in the Borough
subject to the orders and directions of the Mayor and Council.
[1984 Code § 2-10.4]
The Council may, by resolution, make rules and regulations necessary
for the proper regulation of the Department of Public Works and, when
they are adopted by the Council, they shall be known as The Rules
and Regulations Governing the Department of Public Works and shall
be binding on each member of the Department.
[1984 Code § 2-10.1; New]
a.
Appointment. There shall be an office of Principal Public Works Manager
who shall be appointed by the Mayor with the advice and consent of
the Borough Council.
b.
Qualification. The Principal Public Works Manager shall be qualified
by education, training and experience to perform the duties of his
office. He shall be under the direct supervision of the Chairman of
the Committee of the Council designated as the Public Works Committee.
c.
Principal Duties of the Public Works Manager. The Principal Public
Works Manager shall:
1.
Set up, maintain and control an adequate inventory of materials and
supplies needed for the maintenance and repair of all public works
under his supervision.
2.
Submit to the Chairman of the Public Works Committee a monthly report
of all work performed, services furnished and inspections made during
the previous month.
3.
Submit to the Chairman of the Public Works Committee his recommendations
for budget appropriations for the ensuing year.
4.
Recommend for approval the expenditure of all funds by voucher chargeable
against the public works budget.
5.
Inspect or be responsible for the inspection of all storm and sanitary
sewers in the Borough individually or in conjunction with other designated
officials.
6.
Receive and investigate all complaints from residents and taxpayers
of the Borough relating to the operations under his jurisdiction,
take appropriate action and report results to the Chairman of the
Committee.
7.
Attend all meetings as requested.
8.
Supervise the operation, maintenance and repair of Borough-owned
equipment used in the performance of the work assigned to him.
9.
Set up, keep and maintain all the necessary books, records, field
notes, maps, surveys and similar records necessary to perform the
duties of his office and turn over all such records to his successor
or the Chairman of the Public Works Committee on the termination of
his employment by the Borough.
10.
Recommend to the appropriate committee chairman the need for repairs
and replacements to Borough-owned equipment, structures, buildings
and grounds.
11.
Supervise the performance of the work of personnel assigned to the
department and from time to time designate a "lead-man" to perform
the duties of the superintendent during his absence or the vacancy
of that office.
d.
Compensation. The Principal Public Works Manager shall receive compensation
as provided in the annual salary ordinances.
[1]
Editor's Note: The establishment, maintenance, regulation
and control of the Municipal Police Department is provided for in
N.J.S.A. 40A:14-118 et seq.
[1984 Code § 3-1; New; Ord. No.
972 § 1]
a.
Establishment. There is hereby created in and for the Borough of
Haworth a Police Department. The Haworth Police Department shall after
this be called the "Department."
b.
Composition. The Haworth Police Department shall consist of the following
personnel, to be appointed to these positions by the Mayor and confirmed
by the Borough Council, in accordance with subsection 2.30.2a,2:
c.
Vacancies. Designation of the foregoing members shall not make appointment
thereto at any time mandatory and vacancies therein may occur from
time to time.
d.
Review of Table of Organization. There shall be a review of the Haworth
Police Department Table of Organization at least every two years by
the Chief of Police, Police Committee and borough Attorney to insure
that it meets the needs of the Borough, its residents, businesses
and visitors and is in compliance with all relevant statutes and judicial
decisions. Failure to conduct such a review shall not render this
section invalid.
[1984 Code § 3-2; Ord. No. 972 § 2; Ord. No. 2016-11]
a.
Application for Appointment; Appointment and Confirmation.
1.
Application for appointment as a member of the Police Department
shall be made in writing, under oath, on a form furnished by and filed
with the Police Commissioner.
2.
All members of the Police Department shall be appointed by the Mayor
and confirmed by the Borough Council. The Mayor shall present the
appointment to the Council in writing, and there shall be attached
thereto:
b.
Qualifications for Appointment. 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. All persons appointed
to the Police Department shall have graduated from high school and
possess from an accredited college or university at least a Bachelor's
Degree at the time of their appointment.
c.
Oath of Office. Before entering upon the duties of his office and
within 10 days after his appointment, each member of the Police Department
shall take and subscribe to the following oath, to wit: "I do solemnly
swear that I will support the Constitution of the United States and
the Constitution of the State of New Jersey and that I will faithfully,
impartially and justly perform all the duties as a member of the Police
Department of the Borough of Haworth according to the best of my ability
and understanding. So help me God."
d.
Probation Period. All persons appointed as members of the Police
Department shall be appointed on probation for a term not less than
one year. During the probation period the Probationary Police Officer
shall be required to take and pass a basic training course provided
either by the County of Bergen or the State of New Jersey, or such
other training course as may be required by the Chief of Police. The
Probationary Policeman shall then be recommended for permanent appointment
by the Chief of Police.
e.
Tenure. The members of the Police Department shall continue as such
members during their good behavior and efficiency. No member of the
Police Department shall be removed from the Department for political
reasons, or for any cause other than incapacity or disobedience of
the rules and regulations established by the Police Commissioner and
confirmed by the Mayor and Council, or for any cause other than as
set forth in this chapter, or State law.
f.
Promotions. Promotions shall be made upon the recommendation of the
Police Chief and the Police Committee, based on the record of the
members. After recommendation has been made, the promotions shall
be subject to confirmation by the Mayor and Borough Council.
[1984 Code § 3-3]
a.
Composition; Duties.
1.
The Police Chief and the Police Committee to be designated by the
Mayor shall constitute and be known as "the Police Examining Board."
The Board is hereby empowered and directed to use and rely on the
examination and testing facilities and results thereof of a testing
agency as designated by the Mayor and Council of the Borough.
b.
It shall be the duty of the Police Examining Board to examine carefully
the education and the mental, moral and physical fitness of any person
making application for appointment to the Police Department. Prior
to conducting its examination, the Board shall request of the applicant,
and he shall furnish, a certificate from his physician as to his physical
fitness. The Examining Board shall then proceed to conduct such physical,
educational and psychological examinations as it may deem necessary,
following which the Board shall certify to the Mayor and Council the
results of such examinations. The highest qualified candidate shall
be appointed.
[1984 Code § 3-4; Ord. No. 677; New]
The Chairman of the Public Safety Committee shall be the Police
Commissioner and shall be designated as the Appropriate Authority
as provided in the New Jersey Statutes. He shall be responsible for
the overall performance of the Police Department. He shall adopt and
promulgate Rules and Regulations for the government of the Police
Department and for the discipline of its members.
[Ord. No. 677 § II;
New]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Police Commissioner for its
efficiency and day to day operations. Pursuant to policies established
by the Police Commissioner, 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 Police Commissioner 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 Police Commissioner.
[1984 Code § 3-6; Ord. No. 2015-11]
The hours of employment of uniformed members of the Police Department
shall not exceed 12 consecutive hours in any one day, nor 60 hours
in any one week; provided however, that in case of emergency the members
may be summoned and kept on duty during the period of emergency as
provided by N.J.S.A. 40A:14-132.
[1984 Code § 3-7; New; Ord. No.
972 § 3]
a.
No member or officer of the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the Police Department's Rules and Regulations.
b.
The procedures relating to disciplinary actions for members of the
Police Department shall be as set forth in the Rules and Regulations
of the Department.
[1984 Code § 3-8; New]
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Haworth; 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.
[New]
The Mayor with the advice and consent of the 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 of 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 qualified 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.
[Ord. No. 972 § 4]
a.
Rules and Regulations Established. The Appropriate Authority of the
Borough of Haworth hereby adopts and promulgates the Department rules
and regulations, known as the "Rules and Regulations of the Department
of Police, Borough of Haworth, New Jersey," dated July 8, 2008, which
are incorporated herein by reference, and which are after this called
the "Rules."
b.
Right to Amend or Revoke. In accordance with N.J.S.A. 40A:14-118,
the right is reserved by the Appropriate Authority to amend or to
revoke any of the Rules.
c.
Previous Rules, Policies and Procedures. All rules previously issued,
and all policies and procedures are contrary to the Rules herein adopted
are hereby revoked to the extent of any inconsistency. All other policies
and procedures shall remain in force.
d.
Application. The Rules are applicable to all Police Officers of the
Department and to all civilian employees of the Department where appropriate.
e.
Distribution. One copy of the Rules shall be distributed to each
employee of the Department.
f.
Responsibility for Maintenance. It is the continuing responsibility
of each employee to maintain a current copy of the Rules, including
all additions, revisions and amendments as issued.
g.
Familiarization. Employees shall thoroughly familiarize themselves
with the provisions of the Rules. Ignorance of any provision of the
Rules will not be a defense to a charge of a violation of the Rules.
It is the continuing responsibility of each employee to seek clarification
through the chain of command for any Rule that is not fully understood.
[Ord. No. 987 § 1; Ord. No. 2015-11]
a.
Purpose. For the convenience of those persons and entities which
utilize the services of off-duty law enforcement officers of the Haworth
Police Department and to authorize the outside employment of Borough
Police Officers while off duty, the Borough hereby establishes a policy
regarding the use of said Officers.
1.
Members of the Haworth Police Department shall be permitted to accept
police related employment for private employers or school districts
only during off-duty hours and at such time as will not interfere
with the efficient performance of regularly scheduled or emergency
duty for the Borough.
2.
Any person or entity wishing to employ off-duty Police Officers shall
first obtain the approval of the Chief of Police, which approval shall
be granted if, in the opinion of the Chief, such employment would
not be inconsistent with the efficient functioning and good reputation
of the Police Department, and would not unreasonably endanger or threaten
the safety of the Officer or Officers who are to perform the work.
b.
Escrow Accounts.
1.
Except as otherwise provided herein, any person or entity requesting
the services of an off-duty law enforcement officer in the Haworth
Police Department shall estimate the number of hours such law enforcement
services are required, which estimate shall be approved in writing
by the Chief of Police, and shall establish an escrow account with
the Borough Treasurer by depositing an amount sufficient to cover
the rates of compensation and administrative fees set forth herein
below for the total hours of service.
2.
If the amount required to be deposited with the Borough pursuant
to paragraph 1 above exceeds $20,000; an escrow deposit of $20,000
shall be required. Said $20,000 deposit shall be maintained by the
Borough Treasurer until such time as the amount required to be deposited
for all remaining services on any given project shall be less than
$20,000, and then such lesser amount shall be required to be maintained.
3.
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police or his designee shall verify that the
balance in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services. The Chief of Police shall
not post a request for services from any person or entity unless all
fees and compensation required in the manner described above have
been deposited with the Borough Treasurer. No Police Officer shall
provide any such services for more hours than are specified in the
request for services.
4.
In the event the funds in such an escrow account should become depleted,
services of off-duty law enforcement officers shall cease and requests
for further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
5.
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the escrow account in
order to avoid any interruption of services.
6.
Houses of worship and local public schools shall be exempt from the
requirements for the posting of an escrow deposit.
c.
Requests for Services. All requests to the Borough for the services
of off-duty law enforcement officers in the Haworth Police Department
for a period of one week or longer shall be forwarded to the Chief
of Police for posting at least 10 days before such services are required.
Any law enforcement officers, when so employed by the Borough, shall
be treated as employees of the Borough provided, however, that wages
earned for outside employment shall not be applied toward the pension
benefits of law enforcement officers so employed, nor shall hours
worked for outside employment be considered in any way compensable
as overtime.
d.
Rates of compensation to the Borough of Haworth from the vendor for
contracting services of off-duty law enforcement officers including,
without limitation, administrative charges and vehicle use charges
shall be determined by the Mayor and Council by annual resolution.
Rate of compensation to the officer performing said services shall
be equal to that of time and one-half of the contractual hourly rate
for that individual officer.
[Ord. No. 2015-11]
[Amended in entirety 5-9-2023 by Ord. No. 23-09. Prior history includes Ord. No. 778; Ord. No.
875; Ord. No. 968; added 5-9-2023 by Ord. No. 23-09]
The Fire Department of the Borough of Haworth, shall be known
as the Haworth Volunteer Fire Department; and its objective is to
protect and preserve the lives and property of the citizens and businesses
of the Borough of Haworth, New Jersey from loss or destruction by
fire.
[Added 5-9-2023 by Ord.
No. 23-09]
This Department shall consist of not more than 50 firefighter
members, a maximum of 10 Auxiliary and 10 Junior Auxiliary firefighters,
all of whom shall be approved by the Mayor and Council and subject
to such rules and administrative orders as the Mayor and Council may
prescribe by resolution.
Regular members, also known as firefighter members, of the Haworth
Fire Department shall be United States citizens or permanent residents
between the ages of 18 and 65 at the time of their admission to the
Department. Each applicant shall be a resident of the Borough or a
contiguous Borough or have his regular place of business or employment
within the Borough or a contiguous Borough.
[Added 5-9-2023 by Ord.
No. 23-09]
The duty of each and every member of the Haworth Fire Department
is to abide by the rules and regulations, by-laws and constitution
of the Haworth Fire Department and Haworth Borough Ordinances established
by the Mayor and Council and the Haworth Fire Department.
[Added 5-9-2023 by Ord.
No. 23-09]
Each applicant for membership in the Department shall submit
his/her completed New Jersey State Firemen's Association application,
a completed Haworth Fire Department membership application, and a
signed Borough release form, notarized and signed, to the Board of
Fire Officers. The candidate shall be subject to a background check
conducted by the Haworth Police Department. Thereupon, the candidate
shall be interviewed by the Board of Fire Officers and, if approved
by the Board of Fire Officers, the candidate's application shall
be presented to the Mayor and Council for approval. Once approved
by the Mayor and Council, the applicant shall become a Probationary
Member of the Haworth Fire Department. The newly approved member shall
be sworn in at the next public Council meeting by the Mayor in the
presence of the Fire Chief. A new member joining the Department shall
serve a one year probationary period during which time the new member
must meet the following requirements:
a.
A Probationary member must attend and successfully complete the Fire
Fighter 1 course provided by the Bergen County Fire Academy.
b.
A Probationary member shall be required to attend no less than eight
monthly meetings and nine Department drills during the probationary
period.
c.
A Probationary member must record at least 40% average for attendance
at fire calls. This average may include the performance of extra duty
in lieu of fire calls.
d.
Upon completion of the one year probationary period, the member shall
meet with the Board of Fire Officers for approval. The member's
name shall be submitted to the Mayor and Council, and to be sworn
in at the next Mayor and Council meeting.
[Added 5-9-2023 by Ord.
No. 23-09]
The Fire Department shall consist of a Chief, a Deputy Chief,
a Captain, a First Lieutenant, a Second Lieutenant with a maximum
of 50 firefighters. There shall also be a Haworth Junior Firefighter's
Auxiliary (Fire Patrol) with a maximum of 15 members between the ages
of 14 and 18 and a Haworth Fire Auxiliary. The Auxiliary and Junior
Fire Auxiliaries shall be under the control of the Chief or officer
in charge and shall be appointed to serve in accordance with rules
and regulations adopted by the Department.
[Added 5-9-2023 by Ord.
No. 23-09]
[Added 5-9-2023 by Ord.
No. 23-09]
The administration of the Fire Department shall be conducted
by a body to be known as the Board of Fire Officers. The Chief shall
be the presiding officer of the Board.
[Added 5-9-2023 by Ord.
No. 23-09]
A Life Member is a regular member who has served 20 years as
an active member and is in good standing with the Department shall
become a Life Member. Life Members continue to serve as firefighters
and shall be subject to all rules and regulations of the Department.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
Powers and Duties of Chief:
1.
The Chief shall have jurisdiction over all members of the Department,
subject to the rules and regulations for the government and operation
of the Department. The Chief shall establish and maintain a set of
rules and regulations and bylaws that shall be compiled jointly with
the Fire Commissioner and the Board of Fire Officers subject to approval
by the Mayor and Borough Council.
2.
The Chief shall be in sole and entire command at all fires, drills
and alarms of fire and shall direct what measures he may deem proper
for the remediation of hazardous conditions, extinguishing of fires
and the saving of life and property and for such purpose is granted
all necessary police authority.
3.
The Chief shall have custody of and be responsible for the fire apparatus
and appurtenances the fire alarm system and the regular fire quarters.
4.
The Chief shall:
(a)
Call a practice drill at least once a month and at whatever
other times he may deem necessary to assure and maintain proficiency.
(b)
Present requests for supplies, repairs, replacements, additional
equipment and apparatus to the Fire Commissioner for approval, provided
that emergency repairs and supplies may be ordered by the Chief without
prior approval but shall be reported to the Fire Commissioner or his
designee within 72 hours.
(c)
Report to the local water utility any defective or abnormal
hydrant condition brought to his attention.
(d)
Maintain complete and comprehensive records of attendance, fires,
drills and equipment, and any other activities of the Department he
may deem necessary or be directed to maintain.
(e)
Not later than the sixth day of each month, submit to the Fire
Commissioner a written report on the condition of the various pieces
of apparatus and appurtenances, the number of fires during the month,
their locations and, if possible, their causes, the dates of the fires
and the losses sustained. The monthly report shall also include such
additional information as the Mayor and Council may require. The Chief
shall also submit to the Fire Commissioner reports of attendance at
fires, drills and any special reports, which may be required.
(f)
Submit to the Fire Commissioner recommendations, as he may deem
necessary for the good of the Department and report to the Fire Commissioner
any conditions and occurrences, which adversely affect efficiency
and morale.
[Added 5-9-2023 by Ord.
No. 23-09]
The Deputy Chief, Captain, First Lieutenant, Second Lieutenant and shall assist the Chief in the performance of his duties and shall carry out all orders and duties assigned to them by the Chief, and in their respective order take full charge of the Department in the absence of the Chief. (See also subsection 2-31.10, Chain of Command.)
[Added 5-9-2023 by Ord.
No. 23-09]
In the absence of the Chief the following is the chain of command:
Deputy Chief, Captain, First Lieutenant, Second Lieutenant, ex-Fire
Chief, driver of the fire apparatus and most senior member.
[Added 5-9-2023 by Ord.
No. 23-09]
The duties and authority of the Board of Fire Officers shall
be as follows:
a.
To adopt bylaws and rules and regulations for the conduct of its
meetings and for the administration of the Fire Department, subject
to approval by the Mayor and Council.
b.
To act as a board of inquiry for the purpose of hearing, investigating,
and determining complaints and charges made or filed against Officers
and members of the Fire Department and immediately after conducting
a hearing, to notify the Mayor and Council as to its recommendations.
c.
To report to the Mayor and Council, through the Fire Commissioner,
concerning the efficiency of the Fire Department at fires and drills,
and attendance of the members of the Department.
d.
To keep accurate records of alarms, fire losses, condition of apparatus
and equipment, attendance by members of the Department at fires and
drills, and such other information as may be determined necessary
by the Board.
[Added 5-9-2023 by Ord.
No. 23-09]
The members of the Fire Department shall elect a Chief, Deputy
Chief, Captain, First Lieutenant and the Second Lieutenant annually.
Nominations are to be held on the first Wednesday in October, followed
by an election to be held on the first Wednesday in November. The
election of all officers shall be determined by a majority of the
votes cast and the terms of office shall be for a period of one year.
A quorum at the annual meeting shall consist of not less than 10 of
the members of the Department. The election of officers shall be subject
to confirmation by the Mayor and Council. The Officers shall hold
office from January 1 through December 31 of the following year.
[Added 5-9-2023 by Ord.
No. 23-09]
In order to be eligible for a particular office, the following
requirements shall be met:
a.
Eligibility for Chief. One full year as Deputy Chief or Ex-Chief
of Haworth.
b.
Eligibility for Deputy Chief. One full year as Captain or First Lieutenant
or Second Lieutenant or Ex-Chief of Haworth.
c.
Eligibility for Captain. One full year as First Lieutenant or Second
Lieutenant or Ex-Chief of Haworth.
d.
Eligibility for First Lieutenant and Second Lieutenant: Completion
prior to nomination or appointment of Firefighter I and Firefighter
II or Incident Management Level 1 (N.J.A.C. 5:73-1.6) and be qualified
as a driver/operator of Haworth fire apparatus; completion of three
years as an active member in good standing of the Fire Department
prior to January 1 of the following year of potential appointment.
e.
Any Haworth member who is currently a member of another Fire Department
and has completed three years of service as a validated active member
in good standing with the completion of Firefighter I and Firefighter
II or Incident Management Level 1 (N.J.A.C. 5:76-1.6) and be qualified
as a driver/operator of Haworth fire apparatus is also eligible for
the position of First Lieutenant and Second Lieutenant.
[Added 5-9-2023 by Ord.
No. 23-09]
Only active members of the Haworth Fire Department shall be
entitled to cast one vote. An active member must have completed one
year on the Department and attain a 40% average of fire calls and
drills, between January first and October 31st of the current calendar
year, to be eligible to nominate and vote at Department nomination
meeting and election.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
The Haworth Fire Department shall hold its regular meetings on the
first Wednesday of each month at 8:00 p.m.
b.
The Board of Fire Officers shall hold its regular meetings each month
at 8:00 p.m. on a date to be determined by the Chief.
c.
The Chief shall have the power to call special meetings of the Board
and/or Department. Quorum shall consist of eight voting members.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
The Mayor and Council may suspend or expel the Chief, Deputy Chief,
Captain, First Lieutenant, Second Lieutenant of the Department for
failure to serve as an officer, for unbecoming conduct or behavior
or neglect in violation of any duty incumbent upon such person. No
suspension or removal shall be made except upon notice to the person
and an opportunity to be first heard before the Mayor and Council
at a special meeting.
b.
The Chief, Deputy Chief, Captain, First Lieutenant, Second Lieutenant
and may submit charges against the Chief or any Officer for any actions
in paragraph c. Such charges shall be brought before the Fire Commissioner.
Such officer shall have the right to request a hearing with the Mayor
and Council.
c.
Any member who shall refuse or voluntarily neglect to obey or execute
any order from any Officer in charge of an alarm or drill, or who
shall violate or willfully neglect, or who shall refuse to follow
or comply with the rules and regulations of the Haworth Fire Department,
shall be subject to suspension, removal or expulsion from the Fire
Department, although suspensions, removals or expulsions may be made
for sufficient causes other than those listed below:
1.
Neglect of duty.
2.
Incompetency or inefficiency.
3.
Incapacity due to mental or physical disability.
4.
Insubordination or serious breach of discipline.
5.
Intoxication or under the influence of a controlled substance while
operating an apparatus and at a fire activity.
6.
Chronic or excessive absenteeism.
7.
Disorderly or immoral conduct.
8.
Willful violation of any of the Haworth Fire Department Rules &
Regulations.
9.
The conviction of any criminal act or offense.
10.
Negligence of or willful damage to public property or waste of supplies
or theft of Fire Department property or Fire Department supplies.
11.
Conduct unbecoming a member of a Volunteer Fire Department.
d.
The Chief may suspend any regular, auxiliary or junior member of
the Department for any of the above actions occurring during a fire,
alarm or drill pending the formal filing of charges and resolution
of the matter by the Board of Fire Officers. Formal charges must be
filed against the suspended member within three calendar days of the
suspension.
e.
Any member suspended from the Haworth Fire Department shall, during
such suspension, forfeit all rights and privileges as a member of
the department.
f.
The Board of Fire Officers or Fire Commissioner shall follow the
following procedures and afford the following rights to an accused
officer or member:
1.
The charges shall be transmitted in writing to the officer or member
and shall designate a reasonable time therein in which the officer
or member may respond to admit or deny same.
2.
A date shall be established for a hearing on the matter before the
Board of Fire Officers or Mayor and Council which shall be reasonably
set to afford all parties concerned a fair and impartial presentation
of the matter.
3.
The allegations against the officer shall be presented by the Fire
Commissioner.
4.
The allegations against a member shall be presented by the Chief.
5.
The accused officer or member shall have the right to be represented
by counsel or to appear in his/her own defense. He/she shall have
the right to obtain copies of the charges, statements and the names
of witnesses who may testify against him/her. He/she shall have the
right to present oral and/or documentary evidence in his/her defense.
6.
In the event that the meeting must extend beyond one meeting, a special
date and time will be determined at the end of the hearing.
7.
The charge shall be sustained only upon affirmative vote of the Board
of Fire Officers or Borough Council.
8.
In hearings conducted hereunder by the Board of Fire Officers and
or Mayor and Council, the decision shall be announced in writing upon
the conclusion of the hearing or as soon as possible after the conclusion
of the hearing.
[Added 5-9-2023 by Ord.
No. 23-09]
Resignations in writing shall be acted upon by the members of
the Board of Fire Officers at their first regular meeting following
the receipt of each resignation. Resignations shall thereupon be presented
to the Fire Commissioner to be read at the next regular meeting of
the Mayor and Borough Council. The member will be notified in writing
by the Board of Fire Officers of their decision. Upon the acceptance
of a resignation from the Department the former shall be required
to return all fire department property in his/her possession to the
Chief. The only exception to this rule shall be for Exempt Firemen
who are entitled to retain the regulation uniform.
[Added 5-9-2023 by Ord.
No. 23-09]
The officers and members of the Fire Department shall be granted
leaves of absence in writing, not to exceed 12 months at any one time,
with the approval of the Board of Fire Officers. The member will be
notified in writing by the Board of Fire Officers of their decision.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
Handling of Equipment. Only members of the Department and paid employees of the Borough qualified by the Board of Fire Officers shall be allowed to handle the fire apparatus and appurtenances at any drill or emergency call. Other persons may handle and use the equipment only with the approval of the Chief. (See also subsection 2-31.10, Chain of Command.)
b.
Removal of Equipment from the Station. No fire apparatus and/or equipment
shall be taken out of the fire station, except when authorized by
the Chief and/or Deputy Chief.
c.
Removal of Equipment from the Borough. No fire apparatus shall be taken out of the Borough, except when authorized by the Chief or for a mutual aid fire call. In the event of the removal of any unit of fire equipment from the Borough, it shall be the responsibility of the Chief to see that sufficient equipment remains, or available to the Borough, to meet any emergency. (See also subsection 2-31.10, Chain of Command.)
[Added 5-9-2023 by Ord.
No. 23-09]
a.
The Police Department shall assume command at all fires until arrival
of a qualified Firefighter, who shall assume the duties of the Fire
Chief until his superior officer arrives.
b.
The Chief, Deputy Chief, Captain, Lieutenants are authorized and
directed at all times to require and secure the removal of all obstructions
from in front of and around fire hydrants, and for that purpose are
authorized to call upon the head of any Borough Department for aid
and assistance is securing the removal of obstructions.
[Added 5-9-2023 by Ord.
No. 23-09]
The Board of Fire Officers may enact and adopt rules and regulations,
standard operating procedures and guidelines for its own government
not inconsistent with the laws of the State of New Jersey or the ordinances
of the Borough of Haworth. Such rules shall be subject to confirmation
by the Fire Commissioner and Mayor and Borough Council and, when confirmed,
shall be delivered to all firefighters, auxiliary members and officers.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
New Members. New members shall complete Firefighter
I during their probationary period. The new member will not be removed
from probationary status unless he/she completes Firefighter I at
the Bergen County Police & Fire Academy. If the member does not
complete the required training after the probationary period has passed,
that member shall not become a member of the Haworth Fire Auxiliary.
The member will then have to go through the procedure for membership
again if he wishes to obtain regular membership.
b.
Fire Officers Training Requirements. All Officers
will be required to have satisfactorily completed Fire Fighter I and
Fire Fighter II and have completed five years of service before being
eligible for the office of First Lieutenant or Second Lieutenant.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
Exemption certificates shall be issued to members of the Fire Department
who have served seven years in active duty, under municipal control,
as provided by N.J.S.A. 40A:14-56, et seq. No member shall be recommended
for an exemption certificate whose total attendance at drills and
emergency calls is below 60% of the total drills held during any one
year.
b.
The Fire Chief shall keep a list of the officers and members of the
Department and maintain a file of reports of attendance at fires and
drills.
[Added 5-9-2023 by Ord.
No. 23-09]
There is hereby established a Junior Firefighter Auxiliary to
the Haworth Fire Department, to be known as the "Haworth Junior Firefighter
Auxiliary".
[Added 5-9-2023 by Ord.
No. 23-09]
The Haworth Junior Fire Fighter's Auxiliary membership
shall be opened to individuals between the ages of 14-18 years of
age.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
In accordance with the provisions of N.J.S.A. 40A:14-95, no person
shall be eligible for membership in the Junior Firefighter's
Auxiliary who is less than 14 or more than 18 years of age. Persons
between the ages of 14 and 18 shall obtain permission to join the
Auxiliary from their parents or legal guardians, which permission
shall be in writing.
b.
All applicants for membership in the Junior Firefighter's Auxiliary
shall be citizens or permanent residents of the United States and
shall reside within the Borough of Haworth or a contiguous Borough.
c.
All applicants for membership shall be examined by and certified
to be in good health by a duty licensed physician in the State of
New Jersey, who shall certify in writing as to the applicant's
good health.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
The Board of Fire Officers will formulate rules and regulations which
govern the activities of the Junior Firefighter's Auxiliary and
regulations regarding training of the Junior Firefighter's Auxiliary
for eventual membership in the Volunteer Fire Department of Haworth.
b.
The Board of Fire Officers will select a "Junior" Fire Captain.
c.
The Junior Fire Captain and all Junior Firefighter's Auxiliary
members shall be under the direction of the Board of Fire Officers;
they shall abide by all rules and regulations which shall be formulated
by those individuals. The Chief of the Fire Department or the Deputy
Chief, Captain, Lieutenants may dismiss from the Junior Fire Auxiliary
those who fail to obey their command or regulations set forth.
[Added 5-9-2023 by Ord.
No. 23-09]
No Junior Firefighter shall perform duties, which would expose
him or her to the same degree of hazard as a regular member of the
Volunteer Fire Department. Junior Firefighters shall be under the
control of the Fire Chief or Officer in charge and shall be appointed
to serve in accordance with rules and regulations adopted by the Department.
[Added 5-9-2023 by Ord.
No. 23-09]
The Chief and Board of Fire Officers shall have the authority
and discretion to review all applications for admission into the Junior
Firefighter's Auxiliary. Upon completion of the review, the application
will then be submitted to the Mayor and Council for approval. The
approved application will be resubmitted back to the Chief.
[Added 5-9-2023 by Ord.
No. 23-09]
Members of the Haworth Junior Firefighter's Auxiliary shall
be permitted to attend Department meetings and elections. He/she shall
not be permitted to vote during any Department meetings and elections.
[Added 5-9-2023 by Ord.
No. 23-09]
There is hereby established in an auxiliary to the Haworth Fire
Department, to be known as the Haworth Fire Department Auxiliary ("Auxiliary").
[Added 5-9-2023 by Ord.
No. 23-09]
The Haworth Fire Department Auxiliary membership shall be open
to individuals between the ages of 18-65 years of age.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
All applicants for membership in the Haworth Fire Department Auxiliary
shall be citizens or permanent residents of the United States and
shall reside or work within the Borough of Haworth or a contiguous
Borough.
b.
All applicants for membership shall be examined by and certified
to be in good health by a duty licensed physician in the State of
New Jersey, who shall certify, in writing as to the applicant's
good health.
[Added 5-9-2023 by Ord.
No. 23-09]
The Chief and Board of Fire Officers shall have the authority
and discretion to review all applications for admission into the Firefighter's
Auxiliary. Upon completion of the review, the application will then
be submitted to the Mayor and Council for approval. The approved application
will be resubmitted back to the Chief.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
The purpose of the Auxiliary shall be to provide relief and assistance
to the regular members of the Haworth Fire Department, to supplement
services provided by firefighters and to promote the general welfare
of the Haworth Fire Department and the safety of the residents of
the Borough of Haworth.
b.
The duties of the members of the Auxiliary shall include, but not
limited to, performing such non firefighting tasks at fires, emergencies
and/or other events as may be assigned by the Officers of the department.
c.
No Auxiliary member shall perform duties, which would expose him
to the same degree of hazard as a regular member of the Haworth Fire
Department.
[Added 5-9-2023 by Ord.
No. 23-09]
The Auxiliary shall be governed by the same rules and regulations that have been established for the regular Haworth Fire Department members. The Auxiliary shall be under the direction of the Chief, Deputy Chief or a Line Officer in charge. See subsection 2-31.27, Rules and Regulations.
[Added 5-9-2023 by Ord.
No. 23-09]
Members of the Haworth Firefighter's Auxiliary shall be
permitted to attend Department meetings and elections. Only active
members shall be permitted to cast one vote during Department meetings
and elections. An active member must have completed one year on the
Department and attain a 40% average of fire calls and drills, between
January first and October 31st of the current calendar year, to be
eligible to nominate and vote at Department nomination meeting and
election.
[Added 5-9-2023 by Ord.
No. 23-09]
The Borough of Haworth shall provide the members of the Haworth
Fire Department and Auxiliary and Junior Firefighter's Auxiliary
with insurance coverage to the maximum extent possible.
[Added 5-9-2023 by Ord.
No. 23-09]
This section shall be known as the "Hazardous Waste Costs Recovery
Ordinance."
[Added 5-9-2023 by Ord.
No. 23-09]
As used in this section, the following terms shall have the
meanings indicated:
The Borough of Haworth, including any of its agencies, departments
and boards.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of a hazardous substance into the air or waters or onto
the lands of the State, or into the air or waters outside the jurisdiction
of the State, when damage may result to the lands, waters, air or
natural resources within the jurisdiction of the State.
Any items used to extinguish any fire or stop or contain
any leak or spill involving any hazardous material which cannot be
reused or cannot be replenished without cost after that particular
fire, leak or spill. These include but are not restricted to firefighting
foam, chemical extinguishing agents, absorbent material, sand, recovery
drums, and specialized protective equipment to include but not restricted
to acid suits, acid gloves, goggles, protective clothing.
A substance defined as such pursuant to section 3 of the
spill compensation and Control Act. P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b).
Any motorized equipment registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
Any container, drum, box, cylinder or tank used to hold,
contain, carry or store any hazardous material.
A duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue company or squad.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
This section provides for the reimbursement for or the replacement
of the specialized and sometimes non-reusable equipment required by
State and Federal regulations to be made available in the Borough
in case of fire, leakage or spillage involving any hazardous material.
b.
This section entitles the Borough of Haworth to reimbursement for
any expendable items used by the Borough or any of its agencies in
extinguishing any fire, stopping or containing any leak or controlling
any spill or hazardous materials.
[Added 5-9-2023 by Ord.
No. 23-09]
Any person responsible for causing or allowing an unauthorized
discharge of a hazardous substance that requires emergency action
by the Borough or by a unit or volunteer organization of the Borough
in order to protect the public health, safety or welfare or the environment
is liable, jointly and severally, to the Borough and each such unit
or organization for the necessary and reasonable additional or extraordinary
costs incurred in the investigation, mitigating, minimizing, removing
and abating the discharge.
[Added 5-9-2023 by Ord.
No. 23-09]
a.
The Borough and any volunteer organization of the Borough responding
to the emergency caused by the discharge of a hazardous substance
shall keep a detailed record of the costs attributable thereto and
shall certify that record to the Governing Body within which the discharge
occurred.
b.
The Borough and any volunteer organization of the Borough responding
to the emergency caused by the discharge of a hazardous substance
may request the Borough Attorney to bring a civil action in a court
of competent jurisdiction for recovery of costs permitted pursuant
to this article. Upon receiving such a request, the Borough Attorney
shall submit a written, itemized claim for the total certified costs
incurred by the Borough and each volunteer organization to the responsible
persons with a demand that those costs be paid. The demand shall also
notify the responsible persons that unless the total certified costs
are paid within 30 days from the mailing of the demand, the Borough
attorney is authorized to commence a civil action to recover said
costs.
c.
The Borough and any volunteer organization responding to the emergency
caused by the discharge of a hazardous substance may compromise and
settle any claim for costs permitted pursuant to this article in such
amount in the discretion of the Borough or unit or organization as
may appear appropriate and equitable under all of the circumstances.
d.
Any recovery of costs shall be credited to the appropriate funds
of the Borough and each volunteer organization from which moneys were
expended in responding to the emergency caused by the discharge of
a hazardous substance. The recovery of costs will be received whether
the incident takes place within the Borough of Haworth or as part
of a Mutual Aid response.
[1984 Code § 2-13.1]
The Construction Official shall be the head of the Department
of Buildings. He shall be appointed by the Mayor with the advice and
consent of the Borough Council to serve for a term of four years until
a successor is qualified.
