[Ord. No. 00-13 § 1; Ord. No. 13-17]
There is created and established in and for the Borough of Tenafly
a Police Force which shall consist of the following ranking: Chief
of Police, Captain, Lieutenant, Sergeant, Officer, and Civilian Employee,
as shall be deemed necessary by the Mayor and Borough Council which
shall, from time to time, determine the number of persons to be appointed
to these positions together with their compensation.
[Ord. No. 00-13 § 2]
The Police Force shall be responsible for the proper and efficient
conduct of all police and public safety functions of the Borough.
The force shall preserve the public peace, protect life and property,
and enforce within the Borough all applicable laws and ordinances
pertaining to police matters. The force shall provide such police
assistance as may be necessary to any Borough Department for its proper
functioning.
[Ord. No. 00-13 § 3]
The Police Force shall have such powers and duties as prescribed
in N.J.S.A. 40A:14-118 et seq.; and the following powers and duties
not inconsistent with law:
a.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of streets by vehicles and persons, and to make rules and
regulations not inconsistent with the ordinances and general law for
such purpose.
b.
Remove all nuisances in the public streets, parks and other public
places; inspect and observe all places of public amusement or assemblage;
and all places of business requiring State or Municipal licenses or
permits.
c.
Preservation of the public peace and the prevention of crime and
the detection and arrest of offenders against the penal laws and ordinances
effective within the Borough.
d.
The operation of a training program to maintain and improve the efficiency
of members of the department.
e.
Provide proper police attendance and protection at fires.
[Ord. No. 00-13 § 4]
The Chief of Police shall be the head of the Police Force and
shall organize and administer the work of the Police Department through
divisions and bureaus. The Chief shall be directly responsible to
the Appropriate Authority for the efficiency and routine day-to-day
operations thereof and, pursuant to policies established by the Appropriate
Authority, the Chief shall:
a.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the Police Force
and its officers and personnel;
b.
Have, exercise, discharge the functions, powers and duties of the
Police Force;
c.
Prescribe the duties and assignments of all subordinates and other
personnel;
d.
Delegate such of his authority as he may deem necessary for the efficient
operation of the Police Force to be exercised under his direction
and supervision; and
e.
Report at least monthly to the Appropriate Authority in such form
as shall be prescribed by such authority on the operation of the Police
Force during the preceding month, and make such other reports as may
be requested by such Authority.
[Ord. No. 00-13 § 5; Ord. No. 14-03]
In accordance with N.J.S.A. 40A:14-118, the Borough Administrator
is hereby designated as the appropriate authority.
[Ord. No. 00-13 § 6]
Subject to the approval of the Borough Administrator, the Chief
of Police shall promulgate and, from time to time, revise and enforce
a manual of department rules and regulations, practices and procedures,
and discipline for the better administration of the work of the department,
a copy of which shall be filed with the Borough Clerk.
[Ord. No. 00-13 § 7]
No permanent member or officer of the Police Department shall
be removed from his office, employment or position for any cause other
than incapacity, misconduct, or disobedience of the rules and regulations
established for the government of the department, nor shall such member
or officer be suspended, removed, fined or reduced in rank except
for just cause and then only upon a written complaint setting forth
the charge or charges against such member or officer. The Borough
Administrator shall hear and determine any charge or charges filed
against a member of the department pursuant to law.
[Ord. No. 2014-20; Ord. No. 2015-03; Ord.
No. 2017-11]
a.
Purpose. Police Officers of the Borough of Tenafly may perform work
within the Borough of Tenafly for private entities, persons, public
utilities, not-for-profit entities, or the Tenafly Board of Education
(hereinafter "contractors") during their off-duty hours with the approval
of and provided the Chief of Police or his/her designee determines
that there are sufficient police personnel available, that the outside
employment assignment will not interfere with the needs of the Borough,
and that sufficient funds have been deposited into the escrow account
established by the Borough's Chief Financial Officer to cover the
anticipated costs of such off-duty assignments.
b.
Compensation. Police Officers employed to render services to contractors
under this subsection shall be compensated at the applicable rate
set forth below and shall be treated as employees of the Borough;
provided, however, that the wages earned for such outside employment
shall not be applied toward the pension benefits of the Police Officers
so employed.
c.
Application/escrow requirement. The Borough has established an escrow
account dedicated to the payment of off-duty Police Officers for outside
employment by a contractor. Any prospective contractor must apply
to the Chief of Police or his/her designee, requesting off-duty police
services. The written application shall include the following information:
1.
The dates that off-duty police services and police vehicle(s) will
be needed;
2.
An estimate of the number of hours the contractor anticipates using
the off-duty Police Officer(s) and, if appropriate, police vehicles;
3.
A check to cover the cost of off-duty police services and use of
any Borough vehicles based on the estimated number of hours shall
be submitted before the start of off-duty employment in accordance
with state and Division of Local Government services regulations.
d.
Application timing. Except in the case of an emergency situation
where an application for off-duty police services cannot be made prior
to the date such services are needed, all applications for such services
shall comply with the following:
1.
Applications requesting services for a period of one week or longer
shall be made at least seven days before such services are required.
2.
Applications requesting the services for a period of less than one
week shall be made as soon as practicable, but in no event less than
24 hours before such services are required, except in emergency situations.
e.
Emergency situations. In event of an emergency situation, where the
application for off-duty police services cannot be made prior to the
date such service is required, the contractor's request may be granted
or denied in the sole discretion of the Chief of Police or his/her
designee. "Emergency situation" shall mean any construction, maintenance
or repair required to be performed as a result of an unforeseen event
or act of God, whereby the contractor had no prior notice of the condition,
and off-duty police services are required for the public safety and
welfare. If the application is approved, payment for such service
must be made to the Borough within 24 hours after the emergency situation
has been resolved or concluded.
f.
Frequent/continuous requests. Contractors who frequently or who continuously
request off-duty police service, or who anticipate a need for periodic
or long-term off-duty police services, may request to deposit monies
with the Borough on an ongoing basis to be depleted as such work is
performed. Funds on deposit shall not earn interest.
g.
Escrow depletion. If the contractor's needs exceed the estimated
sum in the escrow account, the Chief of Police, or his/her designee,
shall immediately notify the contractor that the funds in the escrow
account are insufficient to pay for continued off-duty police services.
The contractor shall then either replenish the escrow account with
a check sufficient to pay for continued services or the Chief of Police
shall immediately terminate provision of the off-duty police services
to the contractor.
h.
Escrow surplus. If the contractor's estimated costs exceed the actual
costs incurred, then the Borough shall, upon proper notice to the
Borough Chief Financial Officer, refund the remainder of the escrow
account.
i.
Applicable rates. Rates of contracting for the services of off-duty
police officers, administrative fees, and police vehicle charges are
established as follows:
1.
For services to the Tenafly Board of Education:
$85 per hour, per law enforcement officer (3 hours minimum per
day), except for wrestling and girls' soccer events, for which the
rate is a flat fee of $200 per law enforcement officer; to take effect
as of the 2018-2019 school year.
No administrative fee is to be charged.
2.
For services to not-for-profit organizations:
$60 per hour, per law enforcement officer (7 hours minimum per
day), for any assignment continuing for five or more days during a
single week;
$95 per hour, per law enforcement officer (4 hours minimum per
day); should an officer work from between four hours to eight hours,
the contractor will be billed for eight hours of work. For an officer
working more than eight hours, the contractor will be billed hourly,
rounded up to the nearest hour.
No administrative fee is to be charged.
3.
For all public and private utilities:
$95 per hour, per law enforcement officer (4 hours minimum per
day); should an officer work from between four hours to eight hours,
the contractor will be billed for eight hours of work. For an officer
working more than eight hours, the contractor will be billed hourly,
rounded up to the nearest hour.
Plus $5 administrative charge per hour, per law enforcement
officer.
4.
For all other entities and persons:
$95 per hour, per law enforcement officer (4 hours minimum per
day); should an officer work from between four hours to eight hours,
the contractor will be billed for eight hours of work. For an officer
working more than eight hours, the contractor will be billed hourly,
rounded up to the nearest hour.
Plus $5 administrative charge per hour, per law enforcement
officer.
j.
Traffic control devices. The contractor shall be responsible for
providing adequate traffic control devices (signs, cones, etc.) in
accordance with the Manual on Uniform Traffic Control Devices (work
zone safety). Failure to provide adequate traffic control devices
will result in cancellation of the off-duty services.
k.
Use of police vehicles. When a Borough police vehicle is available
and being utilized as an active traffic control device, the fee charged
for such use is a flat fee of $125 per day or any portion thereof.
The Tenafly Board of Education and not-for-profit organizations located
in the Borough of Tenafly are exempt from the fee charged for use
of police vehicles.
[Amended 4-9-2019 by Ord.
No. 19-06]
l.
Exemption from escrow requirement. The Tenafly Board of Education and all public and private utilities under the jurisdiction of and regulated by the New Jersey Board of Public Utilities are exempt from the provisions set forth in this subsection 2-45.8 requiring advance payment to the escrow account; providing, however, that there are no amounts previously due that are outstanding for a period in excess of 30 days. Any such delinquent balances shall require advance payment of the amount outstanding prior to any officer engaging in any further off-duty assignments.
m.
Indemnification/insurance. The contractor shall hold the Borough
harmless from any and all claims that may arise as the result of activities
or actions of the off-duty Police Officers hired pursuant to this
subsection. Prior to commencement of any work by the off-duty Police
Officer(s), the contractor shall provide the Police Chief or his/her
designee, with a certificate of insurance from an insurance company
authorized to conduct business within the State of New Jersey evidencing
not less than a minimum of $1,000,000 in comprehensive general liability,
including personal injury, and $300,000 in property damage, which
coverage shall be maintained while any off-duty Police Officer of
the Borough of Tenafly is rendering services under this subsection.
n.
Cancellations. In the event that the contractor requesting the services
of the off-duty Police Officer(s) fails to contact the Tenafly Police
Department at least two hours prior to the scheduled start time to
cancel the detail, the Borough shall be entitled to be paid for a
minimum of four hours at the applicable hourly rate set forth above.
o.
Public emergencies. The Chief of Police or his/her designee shall
have the authority to order any Police Officer engaged in off-duty
assignments within the Borough to respond to a public emergency within
the Borough of Tenafly. In any such situation where an off-duty Police
Officer is called from off-duty work to respond to a public emergency,
responsibility for the Officer's hourly rate and administrative fee
shall not continue to accrue to the contractor until such time as
said Police Officer resumes work with the contractor.
[Ord. No. 92-14 § 1;
amended 11-20-2023 by Ord. No. 23-23]
There is hereby established in the Borough a Volunteer Ambulance
Corps. The Volunteer Ambulance Corps shall consist of the qualified
members in good standing of the Tenafly Volunteer Ambulance Association,
Inc. The Corps shall be considered as a separate division of the Borough
government and shall be under the supervision of the Police Commission.
[Ord. No. 92-14 § 2]
This section shall be known and may be cited as the "Ambulance
Corps Ordinance" of Tenafly.
[Ord. No. 92-14 § 2;
amended 11-20-2023 by Ord. No. 23-23]
As used in this section:
Shall mean the Police Commissioners of the Borough of Tenafly.
Shall mean the Tenafly Volunteer Ambulance Corps.
Shall mean the members of the Tenafly Volunteer Ambulance
Corps.
[Ord. No. 92-14 § 3;
amended 11-20-2023 by Ord. No. 23-23]
The purpose of the Corps is to provide emergency medical services
and transportation for sick and injured persons in the community without
regard to race, religion, ethnic origin, nationality, age, disease
or ability, gender identity and expression, sexual orientation, or
social or economic standing. Further, it shall concern itself with
promotion within the community at large, of safety in all areas and
encouragement of first aid training. Finally, the Corps shall assist
other agencies in the community and participate in such other projects
as are appropriate to its area of activity and are legally permissible
and as may be requested by the Borough.
[Ord. No. 92-14 § 4; Ord. No. 09-16 § 1; amended 11-20-2023 by Ord. No.
23-23]
The members of the Corps shall promulgate and may amend and
supplement By-Laws, Rules and Regulations, which shall provide for
the administration and operation of the Corps, and prescribe the duties
and rules of conduct of the members thereof, and shall contain such
other matters as are necessary for the proper functioning of the Corps.
Any alterations to the By-Laws, Rules and Regulations promulgated
by the Corps, whether by amendment or supplementation, shall not take
effect until such alterations are approved by resolution of the Borough
Council. Any duly adopted and approved By-Laws, Rules and Regulations
shall be filed with the Borough Clerk.
Any member of the Corps may be suspended or expelled by the
Mayor and Council, or by the members of the Corps with the approval
of the Mayor and Council, for failure to adhere to the Corps By-Laws,
Rules and Regulations, Borough policies or for other improper conduct.
Notice of such suspension or expulsion shall be transmitted
in writing to the Borough Administrator and Council by the President
of the Corps.
[Ord. No. 92-14 § 5; Ord. No. 09-16 § 2; amended 11-20-2023 by Ord. No.
23-23]
There shall be three classes of membership in the Corps: active,
probationary and Medical Director.
Active and probationary members shall be persons in good physical
condition who have been elected to membership by the active members
in accordance with the By-Laws and whose membership has been confirmed
by resolution of the Mayor and Council.
a.
Active members shall be those members:
1.
Who satisfactorily
completed the probationary period;
2.
Who hold
a current New Jersey EMT rating or appropriate emergency vehicle operator
rating;
3.
Who have
passed the requisite testing as outlined in the Corps Standard Operating
Procedures (SOPs);
4.
Who have
been elected to active membership by the active members; and
5.
Whose
membership shall have been confirmed by the Mayor and Council.
b.
Probationary members shall be those members:
1.
Who have
been elected to probationary membership by the active members;
2.
Whose
probationary membership has been approved by the Mayor and Council;
3.
Who have
not completed the initial probationary training period;
4.
Who do
not have an EMT certification and are not drivers; or
5.
Who have
an EMT certification but have not passed department testing as outlined
in the Corps Standard Operating Procedures (SOPS).
c.
A Medical Director shall be a physician who has been appointed by
the Mayor, with the advice and consent of Council. The role of the
Medical Director shall be as defined by the Corps By-Laws, and shall
be consistent with State regulations.
[Ord. No. 92-14 § 6; Ord. No. 09-16 § 3; amended 11-20-2023 by Ord. No.
23-23]
The elected leadership of the Corps shall consist of the positions
described by the Corps By-Laws. These positions shall be filled by
active members in good standing of the Corps who shall be elected
annually by ballot of the active members in good standing of the Corps
in the manner prescribed by the By-Laws. No officer shall enter upon
the duties of his office until the person shall be confirmed for that
purpose by resolution of the Mayor and Council. Following their election
by the members and confirmation by the Mayor and Council, officers
will assume the powers and responsibilities of their respective positions
starting on the first of January and hold office for a term of one
year or until their successors have been elected and confirmed by
resolution of the Mayor and Council. The power and duties of the officers
include the powers and duties set forth in the By-Laws.
[Ord. No. 92-14 § 7; Ord. No. 09-16 § 4; amended 11-20-2023 by Ord. No.
23-23]
All apparatus and equipment of the Corps shall be and remain
the property of the Borough and the costs of operation, maintenance,
repair and replacement shall be provided for in the Borough budget.
The apparatus and equipment assigned to the Corps shall be used
only for the purposes for which the Corps is established, including
training purposes and further including participation in parades and
official ceremonies when authorized by the Borough Administrator.
The active and probationary members of the Corps shall be responsible
for the care and operation of the apparatus and equipment entrusted
to them by the Borough and shall observe all Corps rules and regulations
regarding such operation and care.
Only a member of the Corps duly licensed under the laws of the
State of New Jersey to operate a motor vehicle, and are approved by
the Mayor and Council as a driver thereof, shall operate any of the
ambulance apparatus of the Borough.
[Former Subsection 2-46.9, Loss Compensation; Budget, was
repealed 11-20-2023 by Ord. No. 23-23. Prior history includes Ord. No.
92-14 and Ord. No. 09-16.]
[Ord. No. 06-10 § 1;
amended 11-20-2023 by Ord. No. 23-23]
Members of the Volunteer Ambulance Corps shall be eligible to
earn a performance-based stipend in the amount of $2,000 or any greater
amount as may be authorized by resolution of the Mayor and Borough
Council in accordance with annual budgetary appropriations, which
sum will be paid annually to such members as shall be entitled thereto
during the month of December. To receive the performance stipend,
a member shall be an active member in good standing. In order to qualify
for said payment, a member must perform minimum service requirements
as follows:
a.
Point System. The award of the performance stipend shall be based
on a point system established herein below. A total of 500 points
are required for a member to qualify for the maximum stipend amount.
The total amount of the stipend for each member shall be pro-rated
for those members who do not earn 500 points to a minimum of 125 points.
Members not earning at least 125 points shall not be eligible to receive
the performance stipend.
|
Category One — 25 points awarded for a minimum of six
hours a week on an assigned duty crew for an entire quarter and shall
include regular Saturday rotations. A member who misses four or more
shifts in a quarter without making them up by covering other shifts
shall not receive points in this category.
|
|
Category Two — 10 points awarded each additional six-hour
duty crew, above the first mandatory duty crew, for an entire quarter.
|
|
Category Three — 25 points awarded for members unable
to complete a six-hour duty crew for an entire quarter, provided the
following criteria are met.
|
|
The member volunteers a total of at least 60 hours
time to any given crew assignment day or night as approved by and
scheduled with the Captain.
|
|
Category Four — 50 points awarded for holding an elected
position, or the position of Medical Director for an entire calendar
year.
|
|
Category Five — 10 points awarded for holding the position
of Crew Chief for one quarter.
|
|
Category Six — 10 points awarded for active participation
in one or more committees for an entire quarter. These points may
only be earned once per quarter regardless of how many committees
a member serves on.
|
|
Category Seven — 5 points awarded for participating in
a standby or holiday shift.
|
|
Category Eight — Additional points may be awarded for
the following:
|
|
5 points awarded for each meeting or mandatory function
attended related to operations as determined by the Captain.
|
|
2 points awarded for every assigned shift a member
covers for another member which is not otherwise a makeup for a missed
shift.
|
|
2 points awarded for each general call response
as outlined in the Corps SOPs.
|
|
1 point awarded for each duty call response as outlined
in the Corps SOPs.
|
|
10 point awarded for each additional event approved
by the Captain.
|
b.
Probationary Members. Probationary members shall not be eligible
for the performance stipend during their probationary period. When
qualified, a member's performance stipend shall be pro-rated for the
probabtionary period.
c.
Signing of Waiver Required. No member of the Tenafly Volunteer Ambulance
Corps shall be entitled to any performance stipend until the member
shall first have executed a waiver to be prepared under the direction
of the Office of the Borough Administrator, waiving any claim to pension
or employment status of any kind whatsoever as a result of receiving
payment under this section.
[Ord. No. 489 § 1; Ord. No. 1000 § 1; Ord. No. 1136 § 2; Ord.
No. 90-16 § 1]
The Tenafly Fire Department shall be an Association known as
the Tenafly Fire Department and shall consist of two hose companies,
two ladder companies, two rescue companies, and two reserve companies
consisting of a hose company and a foam company as established by
Resolution adopted at a regular meeting of the Mayor and Borough Council.
In addition to the Fire Department as provided for herein, there
is hereby established the Bureau of Fire Prevention[1] which, in addition to the terms set forth herein, shall
be governed and regulated and operate in accordance with the separate
Ordinance of the Borough adopting the Fire Prevention Code.
[Ord. No. 489 § 2; Ord. No. 1103 § 1; Ord. No. 1136 § 3; Ord.
No. 89-3 § 1]
The membership of the Fire Department shall not be less than
45 nor more than 60 active able-bodied persons. Any increase in membership,
above the minimum membership herein provided for, shall be made only
after the Mayor and Borough Council shall have adopted a Resolution
providing for such increase in membership.
An active member of the Fire Department attaining the age of
65 years, or an active member who is injured in the line of duty and
can no longer perform the regular duties of an active fireman because
of physical disabilities suffered in the line of duty, regardless
of age, or an active member who has served a minimum of 25 years,
who is no longer capable of fully performing all of the required duties
of an active fireman, may request membership as a Life Member. If
the member so desires, the President of the Tenafly Fire Department
shall appoint the member as a Life Member.
If qualified as a Fire Inspector, an active or Life Member may
be appointed as Inspector in the Bureau of Fire Prevention by the
Fire Marshal or head of the Bureau of Fire Prevention.
The limitation set forth in this section as to the number of
active members shall not be applicable to the number of Life Members
or Inspectors in the Bureau of Fire Prevention. Notwithstanding the
aforesaid, any member of the Fire Department may be approved by the
Borough Council should such action be required to satisfy the requirements
for membership in the New Jersey Firemen's Association.
[Ord. No. 489 § 3; Ord. No. 501 § 1; Ord. No. 807 § 1; Ord.
No. 817 § 1; Ord. No.
1000 § 2; Ord. No. 1103 § 2; Ord. No. 88-16 § 1; Ord. No. 89-3 § 2; Ord. No. 10-30]
No person shall become a member of the Fire Department of the
Borough unless, at the time of his appointment, as set forth herein,
he shall have been a resident of either Tenafly, Alpine, Bergenfield,
Cresskill, Dumont, Englewood, or Englewood Cliffs, or an employee
of the Borough of Tenafly, for a period of not less than six months,
a citizen of the United States of good moral character, at least 18
years of age, and shall have submitted to a physical examination by
a reputable doctor and presented to the Fire Department of the Borough
a certificate from the doctor certifying as to his physical fitness.
In addition, such persons shall conform with the objective qualifications
for membership established by the Fire Department and shall have the
technical ability required to perform such vocational duties.
[Ord. No. 489 § 4]
A schedule giving the name, date of admission and place of residence
of each member, signed by the Chief of the Fire Department, shall
be filed with the Borough Clerk and entered by him upon the register
to be kept as directed by the following subsection of this section.
[Ord. No. 489 § 5; Ord. No. 1103 § 3]
Every person seeking to join the Fire Department shall obtain
an application form from the Borough Clerk and shall, upon completion,
file the application either personally or by mail with the Fire Department
of the Borough. The appropriate officer of the Department shall acknowledge,
in writing, the filing of the application and the application shall
be turned over to the Membership Committee of the Fire Department.
The Membership Committee, consisting of not more than 15 members,
shall report to the Fire Department within 60 days whether or not
the applicant qualifies for membership. The decision of the Membership
Committee shall be binding. Members shall be admitted in the order
in which applications are received when vacancies exist and, if vacancies
do not exist, a waiting list shall be established according to the
Bylaws of the Tenafly Fire Department and in furtherance of Section
13:12-1.1 of the Administrative Code of the State of New Jersey. In
this connection, if an applicant is rejected, he shall be advised
in writing of the rejection and the reasons therefore and shall have
the right of appeal of the decision according to the Bylaws of the
Tenafly Fire Department. Appointments made shall be for a probationary
period not to exceed one year, during which time officers of the Fire
Department shall determine in accordance with the criteria set forth
in the Administrative Code of the State of New Jersey whether permanent
membership shall be granted.
[Ord. No. 489 § 6; Ord. No. 1103 § 4]
Whenever any body of citizens organizes a Company for fire service as in this section provided and makes application in writing to the Mayor and Borough Council to be admitted to membership in the Fire Department, they shall file with the Borough Clerk a list giving the names of the proposed officers and members of the Company with the age, place of residence and date of admission of each member, certified by the Secretary thereof. The Mayor and Borough Council may, by resolution, approve of the application and accept the services of the Company. If the Mayor and Borough Council approve the application and accept the services of the Company, then the officers and members of the Company shall become members of the Fire Department and shall have their names entered upon the register to be kept as directed in subsection 2-47.5, and a certificate shall be issued to each such person so registered, as provided in subsection 2-47.5 when either a probationary appointment or a permanent appointment is made to the Fire Department, the Membership Committee or the Fire Department shall certify in writing to the Mayor and Council giving the name and address and other biographical information as may be required concerning such member.
[Ord. No. 489 § 7; Ord. No. 88-16 § 2]
Any member of the Fire Department who shall be absent from the
Borough or eligible community of residence for a period of three months
consecutively shall thereupon automatically cease to be a member of
the Fire Department. This section shall not apply to those members
who are serving in the United States Armed Forces during a national
emergency.
[Ord. No. 489 § 8; Ord. No. 1000 § 3; Ord. No. 1136 §§ 4, 5; Ord. No. 89-3 § 3; Ord.
No. 90-16 § 2; Ord. No.
91-18 §§ 1 — 4]
The members of the Fire Department shall receive a loss reimbursement
in the minimum annual sum of $900 and a clothing allowance in the
minimum annual sum of $600 or any greater amount or amounts as may
be authorized by resolution of the Mayor and Borough Council in accordance
with annual budgetary appropriations, which sums will be paid to such
members as shall be entitled thereto. To receive either the loss reimbursement
or the clothing allowance, a member shall be an active member in good
standing for nine months prior to the date of payment of either loss
reimbursement or clothing allowance. In order to qualify for either
payment, a member of the Fire department must perform minimum service
requirements as follows:
a.
Clothing Allowance. To receive the clothing allowance which is paid
on December 1 of each year, a member must perform during the pay year
35% of Category One duties and 60% of Category Two duties as follows:
Category One — Fires, Drills.
Category Two — Meetings, Special Meetings, Special
Firematic Duties, Full Cleanings, Monday Night Cleanings.
Each category shall be calculated separately. The service requirements
of this section shall not apply to those members who are serving in
the Armed Forces of the United States during a national emergency
of required military obligation. Such members are to receive the compensation
while serving their country.
b.
Loss Reimbursement.
1.
To receive loss reimbursement, a member must complete, during the
periods specified hereinbelow, 35% of Category One duties and 60%
of Category Two duties (see paragraph a above) and, upon completion
of the duties and submission of the required vouchers and supporting
materials in a timely manner to the Chief Financial Officer, shall
receive 25% of the annual loss reimbursement set aside for each member
as follows:
|
Period
|
Payment Month
| |
|---|---|---|
|
Period #1
|
December 1 through February 28
|
March
|
|
Period #2
|
March 1 through May 31
|
June
|
|
Period #3
|
June 1 through August 31
|
September
|
|
Period #4
|
September 1 through November 30
|
December
|
2.
Members of the Fire Department who are full-time employees of the
Borough of Tenafly and who, by virtue of their specific jobs either
are permitted to respond to alarms or calls while on duty in such
employment, must respond to 40% of Category One duties and 65% of
Category Two duties to be eligible for loss reimbursement under this
section.
3.
Probationary members shall not be eligible for loss reimbursement
during their probationary period. When qualified, a member's loss
reimbursement shall be pro-rated for the six month period in which
a member completes probation.
4.
Effective Date. Members of the Tenafly Fire Department who qualify
for payment under this section shall receive reimbursement effective
January 1, 1991.
5.
Signing of Waiver Required. No member of the Fire Department shall
be entitled to any loss reimbursement until he/she shall first have
executed a waiver to be prepared under the direction of the office
of the Borough Administrator, waiving any claim to pension or civil
service status of any kind whatsoever as a result of receiving payment
under the provisions of this section.
The working officers shall be the Chief of the Department and
Assistant Chief of the Department, three Captains and three Lieutenants,
each responsible for a Company and they shall be elected for a term
of one year. The officers are to be recognized in the following order:
Chief of the Department, Assistant Chief of the Department, Captain
of Hose Company 1, Captain of Ladder Company 1, Captain of Rescue
Company 1, Lieutenant of Hose Company 2, Lieutenant of Ladder Company
2 and Lieutenant of Rescue Company 2.
The Fire Marshal provided for herein and in subsection 11-1.7 of Chapter 11, Section 11-1, adopting the Fire Code, shall be considered a staff officer and not a working officer; and the Fire Marshal, along with members assigned to the Bureau of Fire Prevention, shall not participate in fire fighting duties.
[Ord. No. 489 § 9; Ord. No. 1136 §§ 6 —
9; Ord. No. 90-16 § 3]
a.
Nomination. The following officers shall be nominated at the regular
meeting in November: Chief of the Department, Assistant Chief of the
Department, Captain of Hose Company 1, Captain of Ladder Company 1,
Captain of Rescue Company 1, Lieutenant of Hose Company 2, Lieutenant
of Ladder Company 2, and Lieutenant of Rescue Company 2; President,
Vice President, Secretary, Assistant Secretary, Financial Secretary,
Treasurer, one Department Trustee, one Representative to the Relief
from the Hose Companies, one Representative to the Relief from the
Ladder Companies, and one Representative to the Relief from the Rescue
Companies.
b.
The Chief and Assistant Chief of the Fire Department shall be elected
by the members, in good standing, of the entire Fire Department at
an election to be held in a fire house to be designated by the Fire
Committee and occupied by one of the Companies or units, on the first
Tuesday of December annually, but the Chief and Assistant Chief shall
not be qualified to act unless approved by the Mayor and the Borough
Council. No person shall be eligible or serve as Chief or Assistant
Chief unless he/she has served as a line officer in this Borough for
at least two years. The Chief and Assistant Chief shall hold office
for one year or until their successors are elected and qualified.
Should the Mayor and Council refuse to confirm, if authorized by law,
the election of any Chief or Assistant Chief, then in that event,
the current Chief and Assistant Chief shall continue to hold office
until a new election can be held and the results thereof confirmed
by the Mayor and Council.
c.
A Captain and Lieutenant shall be elected by the members in good
standing of each Company or Unit, at an election to be held at its
headquarters at their regular meeting in December annually. These
officers shall hold office for one year or until their successors
are elected and qualified.
[Ord. No. 489 § 10]
The polls shall remain open at all elections authorized by this
section from 8:00 p.m. until 9:00 p.m. The Fire Committee shall appoint
a Judge and Clerk to conduct the election. The Judge and Clerk shall
be qualified voters, but shall not be eligible to hold office at any
election at which they act, or the Fire Committee may delegate one
or more of its members to act as Judge or Clerk, or both, at any of
such election in lieu of appointing Firefighters as such Officers.
[Ord. No. 489 § 11]
Each Company shall have power to adopt such Constitution and
Bylaws for its government and management as shall not be inconsistent
with the Laws of the State of New Jersey and with this section or
any supplement thereto, or the rules and regulations hereafter adopted
by the Mayor and Borough Council and the Fire Committee; provided
that the Constitution and Bylaws of each Company shall be uniform
with those of every other Company of the Fire Department so far as
they relate to fines for nonattendance at fires and drills and for
any failure to obey any special order made by the Chief of the Fire
Department within the scope of this authority. The Constitution and
Bylaws of any Company or Unit shall not be adopted until after they
have been submitted to and approved by the Mayor and Borough Council.
[Ord. No. 489 § 12; Ord. No. 713 § 1; Ord. No. 1103 § 5]
It shall be the duty of every member to attend and, under the
direction of his superior officers, endeavor to save life and property
at every fire in the Borough limits or outside the Borough when ordered
by his superiors; to answer in person all alarms of fire and to convey
their respective apparatus to each and every fire immediately upon
the alarm thereof and work and manage the same under the orders of
the Chief or Acting Chief; to report for duty for practice or parade
whenever ordered. No apparatus belonging to the Fire Department shall
be taken out of the Borough limits without permission of the Mayor
or upon the order of the Fire Committee, except in case of conflagration,
when ordered by the highest officer in command, and shall be returned
at once, in case of an alarm or fire within the Borough limits, and
in all other cases immediately after the occasion for its absence
shall have ended.
Nothing in this section shall be deemed to abrogate the terms
of any mutual aid agreement in force between the Borough and any other
municipal corporation.
[Ord. No. 489 § 13; Ord. No. 713 § 2; Ord. No. 1136 § 10]
For any neglect in attending fires or for leaving a fire without the permission of the Chief, Acting Chief, Captain or Lieutenant, or neglect of duty upon any occasion without reasonable excuse, disobeying any lawful order of any Chief or Acting Chief, or for any conduct unbecoming to a member of the Fire Department of the Borough, a member of the Department may be fined, expelled, suspended, or dealt with as may be determined by the Fire Committee of the Borough after the filing with such Committee of a complaint against such member made by the working officers of the Fire Department and hearing before the Fire Committee, provided, however, that expulsion from the Department shall be made only upon the approval of the Mayor and Council. The working officers shall be those defined as such by the appropriate Bylaws of each Company or Unit of the Fire Department. The right to rejection of membership or expulsion from membership shall be in accordance with the procedure set forth in subsection 2-46.5 or in accordance with applicable procedures under the Administrative Code of the State of New Jersey, according members the necessary due process and negating, where applicable, the need for Mayor and Council approval. Furthermore, in administering the terms of this section, any use of nouns or pronouns specifying gender shall be inapplicable.
[Ord. No. 489 § 14; Ord. No. 713 § 3]
It shall be the duty of the Chief to submit a report to the
Mayor and Council at its first regular meeting each month, showing
the condition of the Fire Department and of the apparatus and any
other matters concerning the Fire Department which he, or the Fire
Committee, may deem necessary.
[Ord. No. 10-06 § 1]
There shall be one liaison to the Fire Department, who shall
be appointed annually by the Mayor from among the members of the Council.
The appointment shall be made at the annual reorganization meeting
in January of each year. The liaison shall serve as an interface and
conduit between the Fire Department and the Governing Body, reporting
to the Governing Body, as necessary, any developments and matters
of importance relating to the Fire Department.
[Ord. No. 14-01]
There is hereby established within the Borough of Tenafly, a
Junior Firefighter's Auxiliary in accordance with the provisions of
N.J.S.A. 40A:14-95, et seq.
[Ord. No. 14-01; Ord. No. 2016-13 § 1]
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 16 shall be considered "Cadets" and persons
between the ages of 16 and 18 shall be considered "Junior Firefighters".
All persons between the ages of 14 and 18 shall be required to obtain
permission to join the Auxiliary from their parents or legal guardians,
which permission shall be obtained in writing and acknowledged or
provided in the manner required by law for deeds to real estate to
be recorded.
[Ord. No. 14-01; Ord. No. 2018-05; Ord.
No. 2018-08; amended 12-19-2023 by Ord. No. 23-31]
All applicants for membership in the Junior Firefighter's Auxiliary
shall either: (1) reside within the Borough of Tenafly; (2) be related
by blood, marriage, or adoption to an active member of either the
Tenafly Fire Department or the Tenafly Volunteer Ambulance Corp; or
(3) be sponsored by a Tenafly Fire Department member. Any Tenafly
Fire Department member, in good standing, may sponsor an applicant
for the Junior Firefighter's Auxiliary that resides within Tenafly
or one of the Tenafly Fire Department's contiguous coverage areas:
Alpine, Bergenfield, Cresskill, Dumont, Englewood, and Englewood Cliffs.
All applicants shall be examined by and certified to be in good health
by a duly licensed physician in the State of New Jersey who shall
certify, in writing, as to the applicant's good health. All Junior
Firefighter's Auxiliary Cadets shall follow the standard operating
procedures of the Junior Firefighter's Auxiliary and shall adhere
to the Tenafly Fire Department's rules and regulations.
[Ord. No. 14-01]
The members of the Junior Firefighter's Auxiliary shall be provided
with insurance coverage to the maximum extent possible (with the exception
of life insurance, which is provided unless and until the members
become full members of the Fire Department), by rider to the policy
provided for the regular volunteer firemen of the Borough of Tenafly,
and pursuant to statutes made and provided for in such cases.
[Ord. No. 14-01]
In accordance with N.J.S.A. 40A:14-98, the Mayor and Council
of the Borough of Tenafly, with the cooperation of the Fire Commission,
and upon the recommendation of the Fire Chief of the Borough, has
formulated rules and regulations which will govern the activities
of the Junior Firefighter's Auxiliary, and regulations regarding training
of the auxiliary members for eventual full membership in the Volunteer
Fire Department of Tenafly. Such rules and regulations shall be periodically
reviewed by the Fire Chief and recommendations for additions or changes
shall be submitted by the Fire Chief to the Mayor and Council for
consideration not less frequently than on an annual basis.[1]
[Ord. No. 14-01; Ord. No. 2016-13 § 2]
(a)
No member of the Junior Firefighter's Auxiliary, whether considered
a "Cadet" or "Junior Firefighter" shall be required or allowed to
perform duties which would expose him or her to the same degree of
hazard as a regular member of the Tenafly Volunteer Fire Department.
(b)
A Junior Firefighter 16 years of age or older may be allowed to perform
non-hazardous support duties at a fire site; provided: (1) the Junior
Firefighter has been appropriately and adequately trained to perform
the support duties; (2) the Junior Firefighter is appropriately and
adequately supervised in performing those support duties at the fire
site; and (3) the Junior Firefighter's parent or guardian has provided
written permission allowing the Junior Firefighter to perform those
support duties.
(c)
The activities of Cadet under 16 years of age shall be limited to:
(1) attending meetings of the Junior Firefighter's Auxiliary; (2)
receiving instruction; (3) participating in training that does not
involve fire, smoke, toxic or noxious gas, or hazardous materials
or substances; and (4) observing firefighting activities, while under
supervision.
[Ord. No. 14-01]
The Fire Chief of the Borough of Tenafly shall have the authority
and discretion to review all applications for admission into the Junior
Firefighter's Auxiliary upon such rules and regulations as may be
established by the Mayor and Council with the cooperation of Fire
Department.
[Ord. No. 99-38, Preamble]
The Borough of Tenafly deems it appropriate and necessary to
act to ensure retention of existing members and to provide incentive
for recruiting new volunteer firefighters and ambulance corps members;
and the Borough of Tenafly has determined that the creation of a Length
of Service Awards Program will enhance the ability of the Tenafly
Volunteer Fire Department and the Tenafly Volunteer Ambulance Corps
to retain and recruit volunteer firefighters and ambulance corps members.
[Ord. No. 99-28; Ord. No. 08-18 §§ 1, 2; Ord. No. 06-09 § 1]
a.
Creation. A Length of Service Awards Program (LOSAP) is herewith
created in accordance with Chapter 388 of the Laws of 1997, to reward
members of the Tenafly Volunteer Fire Department and the Tenafly Volunteer
Ambulance Corps for their loyal, diligent, and devoted services to
the residents of the Borough.
b.
Annual Contributions. The LOSAP shall provide for fixed annual contributions
to a deferred income account for each volunteer member that meets
the criteria set forth below; that such contributions shall be made
in accordance with a plan that shall be established by the Borough
of Tenafly pursuant to P.L. 1997, c.388; and that such plan shall
be administered in accordance with the laws of the State of New Jersey,
the U.S. Internal Revenue Code, and this section.
c.
Criteria. The LOSAP shall provide for annual contributions to each
member that meets the criteria as follows:
1.
Any volunteer who accumulates 100 points in a calendar year will
be considered an active volunteer for that year and therefore be eligible
for the full benefit amount.
2.
The annual contributions shall be $1,150 per eligible member. Said
amount shall be increased automatically in accordance with the Consumer
Price Index (CPI) Adjustment calculated annually by the Division of
Local Government Services.
3.
Five years of service are required for vesting.
d.
Credit for Prior Service. The LOSAP shall provide for contributions
as credit for no more than 10 years of prior years service for each
eligible volunteer in accordance with the following schedule:
|
Number of Years Prior Service
|
Contribution
|
|---|---|
|
1
|
$600
|
|
2
|
$1,200
|
|
3
|
$1,800
|
|
4
|
$2,400
|
|
5
|
$3,000
|
|
6
|
$3,600
|
|
7
|
$4,200
|
|
8
|
$4,800
|
|
9
|
$5,400
|
|
10
|
$6,000
|
f.
Schedule of Credits. Each active volunteer member shall be credited
with points for volunteer services provided to the Tenafly Volunteer
Fire Department and the Tenafly Volunteer Ambulance Corps in accordance
with the following schedule:
1.
Volunteer Fire Department — Schedule A[1].
[1]
Schedule A is included as an attachment to this chapter.
2.
Volunteer Ambulance Corps — Schedule B[2].
[2]
Schedule B is included as an attachment to this chapter.
g.
Approval on Ballot Required. This section shall not take effect unless
it is approved by voters as a public question at the General Election
on November 2, 1999.
|
Ballot Question
| |||
|---|---|---|---|
|
Shall the Borough of Tenafly be authorized to establish a Length
of Service Awards Program for volunteer firefighters and ambulance
corps members that serve the Borough of Tenafly, pursuant to the following
terms and conditions:
| |||
|
1.
|
The program shall provide for annual contributions to a deferred
income account for each active volunteer member that meets the eligibility
criteria and in accordance with the schedule adopted by the Borough
of Tenafly.
| ||
|
2.
|
The program shall provide for contributions as credit for no
more than 10 years of prior years services for each eligible volunteer.
| ||
|
3.
|
The proposed contribution for an active volunteer member is
$600.
| ||
|
4.
|
The estimated cost of the program has been calculated as follows:
| ||
|
a.
|
For regular annual services: $51,000 per year.
| ||
|
b.
|
For contributions for prior years service: $37,900 per year
for an estimated seven years.
| ||
|
[ ] YES
| |||
|
[ ] NO
| |||
|
Explanatory Statement
|
|---|
|
The Borough of Tenafly has decided to create a Length of Service
Awards Program (LOSAP) for the members of the Tenafly Volunteer Fire
Department and the Tenafly Volunteer Ambulance Corps that serve the
citizens of the Borough of Tenafly. The general requirements for a
LOSAP are set forth in State law (N.J.S.A. 40A:14-183 et seq.).
|
|
Each volunteer firefighter or ambulance corps member that performs
the minimum of service will have an amount between $600 and $1,150,
depending on how many years the volunteer has served, deposited into
a tax deferred income account that will earn interest for the volunteer.
|
|
The cost will be budgeted annually in the budget of the Borough
of Tenafly and is anticipated to be $51,000 per year. The plan adopted
by the Borough of Tenafly provides a volunteer may earn up to 10 years
of previous volunteer service. The estimated annual cost of prior
years service is $37,900 for seven years.
|
|
Additional details on the program may be found in the ordinance,
adopted by the Mayor and Council of the Borough of Tenafly, which
is available for public inspection, along with a copy of the State
enabling law at the Office of the Borough Clerk, Borough Hall, 100
Riveredge Road, Tenafly, NJ during regular business hours.
|
