[HISTORY: Adopted by the City Council of the City of South
Amboy 12-16-2020 by Ord. No. 15-2020.[1] Amendments noted where applicable.]
This article governing the Fire Department of the City of South
Amboy is hereby created and established with jurisdictional boundaries
co-extensive with the boundaries of the City of South Amboy. The Fire
Department shall consist of the Independence Engine and Hose Company,
Progressive Fire Company, Mechanicsville, Hose Company, Protection
Engine Company, the Enterprise Hook and Ladder Company, and the South
Amboy Fire Department EMS Division.
A.
The Fire Department shall consist of up to 180 members, excluding
the EMS Division, and no person shall be considered an active member
of the Fire Department or entitled to any privileges as such unless
his or her name has been submitted to and approved by the City Council.
Such membership shall also be subject to the approval of the New Jersey
State Fireman's Association.
(1)
Effective upon the adoption of the amendments to this article, all
current members in good standing of the South Amboy First Aid and
Safety Squad will become authorized members of the South Amboy Fire
Department EMS Division. The EMS Division shall consist of up to 50
members and no person shall be considered a member of the EMS Division
or entitled to any privileges as such unless his or her name has been
submitted to and approved by the City Council.
(2)
The Fire Chief shall prepare and authorize a procedure by which qualified
firefighters can participate in EMS Division services and qualified
EMS Division Members can participate in Fire Department services provided:
(a)
The procedure will prohibit "double dipping" for purposes of
any stipend or call pay.
E.
An applicant for membership to a fire company shall complete an application including background information and a physician's certification of the physical condition of the applicant and submit the completed application to the fire company. The applicant shall consent and authorize a background check by the City and the South Amboy Police Department. The results of the background check shall be submitted by the South Amboy Police Department to a fire company and reported to the Mayor and Council. Upon successfully completing the background check, the applicant shall complete and submit to the Mayor and Council, a New Jersey Fireman's Application. The application shall either be accepted or rejected by the Council. If accepted, the application shall be filed with the New Jersey State Firemen's Association. Upon the New Jersey State Firemen's Association issuing a line number for the applicant, the fire company may accept the applicant as a probationary member. Thereafter, the applicant shall enroll and complete the training as set forth in Subsection 11-2.2. When the applicant is, thereafter, duly qualified, pursuant to the laws of the State of New Jersey, and issued a New Jersey Division of Fire Safety Identification Number, the applicant may be accepted as a regular member of the fire company.
F.
An applicant for regular membership to the EMS Division shall complete an application including background information and a physician's certification of physical condition of the applicant and submit the completed application to the EMS Division. The applicant shall consent and authorize a background check by the City and the South Amboy Police Department. The results of the background check shall be submitted by the South Amboy Police Department to the EMS Division and reported to the Mayor and Council. The application shall either be accepted or rejected by the Council. If accepted, the EMS Division may accept the applicant as a probationary member. Thereafter, the applicant shall enroll and complete the training as set forth in Subsection 11-2.2. When the applicant is, thereafter, duly qualified, pursuant to the laws of the State of New Jersey, and issued a New Jersey Department of Health EMT Number, the applicant may be accepted as a regular member of the EMS Division.
A.
All members of the South Amboy Fire Department shall be required
within two years of their approval for membership to enroll in and
satisfactorily complete the NFPA 1001 Training Course or New Jersey
Certified Firefighter One Training Course or show proof of the same.
Failure to satisfactorily complete the above within two years by each
member shall result in automatic termination of their membership in
the South Amboy Fire Department.
B.
All regular members of the EMS Division shall be required to possess
and maintain a valid New Jersey Department of Health EMT number or
maintain a valid CPR and First Aid certification. Failure to acquire
or maintain this credential shall result in automatic termination
of their membership in the South Amboy Fire Department EMS Division.
The Fire Chief, First Assistant Chief and Second Assistant Chief
must be residents of the City of South Amboy.
No person shall be a member of the South Amboy Fire Department
unless such person has attained the age of 18 years.
All new members of the South Amboy Fire Department and the EMS
Division are required to pass a physical examination before they become
a regular member of the South Amboy Fire Department by the City Doctor.
There are hereby established the offices of Fire Chief, First
Assistant Fire Chief, and Second Assistant Fire Chief.
A.
All terms of office are to run from January 1 to December 31. Election
for the Fire Chief, First Assistant Fire Chief and Second Assistant
Fire Chief shall be held on the first Friday in December and on that
day every year thereafter.
B.
The nominee for the office of Second Assistant Fire Chief must have
served through the ranks of his respective company and must have 10
years of service in the South Amboy Fire Department as a regular member.
The nominee must have satisfactorily completed a Fire Officer Training
Course and meet all applicable state laws.
C.
If any of the officers other than that of Fire Chief shall for any
reason become vacant during the term of his office, the vacancy shall
be filled at the next regular meeting of the company by a member of
the company in which the vacancy occurs.
D.
The Captains of the fire companies in the "Pass" mode, as established in Subsection 11-3.3, and the EMS Division Captain shall be invited to participate in all official Fire Chief meetings of the City of South Amboy Fire Department.
E.
If the office of Fire Chief becomes vacant before the expiration
of the term of office of Fire Chief, then such vacancy shall be filled
by an individual who before held the office of Fire Chief from the
same company.
The automatic rotation of superior officers as provided for in Subsection 11-3.2 is hereby established in the following order and will remain in this order unless rescinded or changed by the Mayor and City Council:
|
Chief
|
1st Assistant
|
2nd Assistant
|
Pass
| |||||
|---|---|---|---|---|---|---|---|---|
|
2021
|
2026
|
2031
|
2036
|
2041
|
Enterprise
|
Protection
|
Independence
|
Progressive
Mechanicsville
|
|
2022
|
2027
|
2032
|
2037
|
2042
|
Protection
|
Independence
|
Progressive
|
Mechanicsville
Enterprise
|
|
2023
|
2028
|
2033
|
2038
|
2043
|
Independence
|
Progressive
|
Mechanicsville
|
Enterprise
Protection
|
|
2024
|
2029
|
2034
|
2039
|
2044
|
Progressive
|
Mechanicsville
|
Enterprise
|
Protection
Independence
|
|
2025
|
2030
|
2035
|
2040
|
2045
|
Mechanicsville
|
Enterprise
|
Protection
|
Independence
Progressive
|
Only those active members whose names appear on the roll of
firemen submitted to and approved by the Council, up to and inclusive
of its first regular meeting in the month of November immediately
prior to the election, shall be eligible to vote at any authorized
election.
The election of all officers of the Department shall be confirmed
by the Council prior to their assuming office, but such confirmation
shall not be withheld except upon filing of charges and public hearing
on the sole questions of qualification for office.
The members of each company shall elect from their own members
every year in November or December the following: Captain, First Lieutenant,
Second Lieutenant, Secretary, Treasurer, Trustees, and any other officers
they deem proper.
The members of each company and the EMS Division shall have
the power to make their own bylaws, with the cooperation of the Mayor
and Council to the extent that they do not contradict the Municipal
Code of the City of South Amboy or any applicable state or federal
laws or regulations.
The South Amboy Fire Department has the power to make their
own rules and regulations subject to approval of the Mayor and Council.
All Fire Department members are bound by same.
The members of each company or division may recommend to suspend or expel by a two-third vote of its members present at any regular meeting, a member for breach of bylaws or rules and regulations of the respective company or division; breach of decorum at meetings; disorderly or improper conduct tending to bring ridicule or discredit to his company; neglect of duty or for other good cause. Such recommendation shall follow the procedure outlined in § 11-11. Nothing in this section shall prevent the Mayor and Council from taking such direct actions as may be necessary to institute procedures or to suspend a member as provided in subsequent sections of this Article I.
The Chief or his/her assistants may suspend a member for just cause until the next regular company meeting for which the member belongs. The company then may take direct actions as may be necessary to institute disciplinary procedures or to suspend a member as provided in subsequent sections of this Article I.
A.
The Secretary of each company/division shall keep a correct roll
of the members of his/her company, a record of the proceedings of
its meeting, and shall, on every occasion when the company/division
is called together, transmit in writing to the Council the name of
any member who dies, resigns, or is expelled, within 30 days of such
death, resignation or expulsion.
B.
It shall also be the responsibility to keep, or cause to be kept,
an accurate record in the books provided for that purpose, the names
of the officers and members of the Fire Department; showing all appointments,
transfers, resignations and removals, the names of the members of
each company/division, the date of the commencement of their terms
of service, and any other particulars that may be necessary and proper.
The Secretary shall transmit a copy of any records to the Fire Chief,
when needed.
The Firefighters/EMS providers shall be divided into as many
companies and kinds of companies as the governing body shall order
and direct and until further action of the governing body, the companies
shall be known and shall consist of the following active members:
|
Independence, 40 members
|
|
Progressive, 30 members
|
|
Mechanicsville, 30 members
|
|
Protection, 40 members
|
|
Enterprise Snorkel, 40 members
|
|
EMS Division, 50 members
|
In addition to its active members, each company may have exempt
social and "Buffalo" members as permitted in their company bylaws,
except no more than four "Buffalo" members per company. A "Buffalo"
member is a noncertified member in training and shall pass a physical
examination, as required by the City.
It shall be the duty of the fire companies/divisions to attend
to their respective fire engines or other fire apparatus committed
to their charge and to the building in which they are kept. However,
nothing herein contained shall be construed as affecting the right
of the City of South Amboy to control the apparatus and the occupancy
of fire houses and buildings belonging to the City of South Amboy.
No person shall become an active member of the Fire Department unless he/she performs the duties as prescribed in this Article I, and abides by the bylaws of his/her company/division and the rules and regulations promulgated for the regulation of the Fire Department of the City of South Amboy.
A.
The Chief shall have sole command over all persons attached to the
Department, and shall direct their operations through their company/division
officers at all fires and incidents in order to prevent the destruction
of life and property. In all cases of fire, he/she shall take prompt
and efficient measures and use the means of the Department to extinguish
them, and he shall also have the sole command over all persons aiding
and assisting the Department. The Chief shall also have the power
to call out for review and inspection in October of each year all
persons belonging to the Department.
B.
To aid the Department in fulfilling its duties to the City and the
public, the Chief may establish divisions within the Department. These
divisions may address public safety, firefighting, training of personnel,
first aid, and the day-to-day operation of the Department.
C.
In the absence of the Chief and his Assistants, the first arriving
officer shall be in charge.
D.
The Chief shall also keep, or cause to be kept, a record of all alarms
of fires within the City of South Amboy, their causes, and the description
of property damaged or destroyed. The Chief shall also keep, or cause
to be kept, a record of all EMS calls and legally required patient
records in a manner consistent with HIPPA and or any other law or
regulation regarding the privacy of health care records.
E.
At a regular meeting of the governing body in December of each year,
he/she shall present a report showing the number of alarms of fire
and the number of fires which have occurred during the preceding year,
the amount of loss by fire, as nearly as can be ascertained, and the
condition of the fire houses and other apparatus, together with an
annual inventory of each company's apparatus, equipment and supplies,
with recommendations he may deem necessary and proper. The Chief shall
also provide a summary of EMS activity including the total number
of EMS alarms and number of those alarms services by members of the
South Amboy Fire Department.
A.
The Captains and Lieutenants shall aid the Chief in the discharge
of his/her duties when called upon to protect life and property. They
shall obey the direction of the Chief or acting Chief, whose judgment
and authority shall be deemed paramount and conclusive. It shall also
be the duty of the Captains and Lieutenants to assist the Chief to
maintain proper discipline and conduct among all members of the Department
in going to, working at, or returning from fires, and at all times
when on duty.
B.
The Captain of each company/division shall be responsible for the
proper care of the apparatus and any equipment belonging to the company/division
under his command. It shall be his/her duty or, in his/her absence,
the duty of the Lieutenant to direct the company/division, or any
portion thereof, at least once a month during the year, to examine
and where practicable to test its apparatus and knowledge of location
of water supplies. He/she shall report any defect or necessary repairs
to the superior officer of his company.
C.
It shall be the responsibility of the Captain of each company/division
to examine the fire apparatus of his company at least once each month,
and to keep a record of the condition in which the apparatus is. He
is to report to the Fire Chief any repairs that are needed.
It shall be the duty of all firemen, whenever fire or emergency
breaks out or is reported in the City of South Amboy and an alarm
is transmitted, to report to their fire apparatus immediately upon
the alarms indicating a fire or emergency or when a general alarm
is sounded. They shall convey their apparatus to or near the place
of the fire or emergency, and, under the direction of the Chief, Captain
or the Lieutenants, work and manage the apparatus with all their skill
and power. When the fire or emergency is declared over, they shall
report to the Chief, and upon his direction, return their apparatus
to their proper places. Only duly qualified and active members shall
respond to fires and other emergencies.
All companies shall respond to fire alarms and shall directly
be under the command of the Chiefs, or the Officer of the fire company
on the scene.
B.
The Chief, Assistant Chiefs, Captain, First Lieutenant and Second
Lieutenant shall verbally report such misconduct at the next regular
meeting of the company to which the member belongs.
C.
After proper discussion, the company shall vote on whether the misconduct is serious enough to warrant filing formal written charge(s) as per Subsection 11-4.4.
D.
If 2/3 of the members of the company present at the meeting vote
in favor of the filing of formal charges, the complaint shall be prepared
by the Secretary, sworn to by the complainant, and copies filed with
the company and with the City Clerk by certified mail, return receipt
requested.
E.
Upon receipt of the notice of suspension or expulsion, the member
shall have five days in which to file with the City Clerk a notice
of appeal from the action of the company, which notice of appeal shall
act as a stay of suspension or expulsion. Should no appeal be filed,
the suspension or expulsion shall become final upon the expiration
of the five business days and the City Clerk shall notify the Secretary
of the company and the Mayor and City Council to that effect.
A.
Whenever it shall appear that a member of the Fire Department may be guilty of any misconduct specified in Subsection 11-4.3 and it further appears to the Mayor that either immediate steps must be taken to insure the safety and wellbeing of the community and to insure adequate emergency services for the community or, in the event it shall appear to the Mayor that appropriate disciplinary procedures have not been conducted pursuant to Subsection 11-4.4, or an appeal is timely filed under Subsection 11-11.1, the Mayor shall have the following powers and all such other powers as may be granted to the Mayor pursuant to law:
(1)
The Mayor shall have the immediate power to suspend any member
of any Fire Department for such period of time as it deems appropriate
subject to the disciplinary procedures set forth below. All suspensions
and disciplinary actions shall be reported to the Fire Chief immediately.
(2)
The Mayor may initiate a notice of suspension or expulsion by
sending a notice thereof to the individual member and the fire company/division
involved therein. Within 15 days of the mailing of the notice or the
filing of an appeal, the Mayor shall appoint a Hearing Officer and
shall notify the subject member and the fire company/division, through
its Secretary, of the appointment. It shall be the duty of the Hearing
Officer to arrange for a hearing within 30 days of his or her appointment
and at which time and place the testimony of the parties and their
witnesses shall be heard. The Hearing Officer, after conducting the
hearing, shall make findings of fact and conclusions of law and, if
appropriate, recommend a penalty to the Mayor. Within 30 days after
receiving the Hearing Officer's report and recommendation, the
Mayor shall either accept, reject or modify them.
B.
All notices of suspension or expulsion shall be served by the Chief
and/or the City Clerk, personally or by certified mail, return receipt
requested, and by regular mail at the member's address, as it
appears on the company's membership roll.
No fire engine or other apparatus belonging to the City of South
Amboy shall be taken outside the limits of the City without the consent
of the Fire Chief or Assistant Chiefs except in an emergency outside
the City limits. Under such circumstances, the Mayor, any member of
the Department of Public Safety, the Chief or the Acting Chief may
permit the apparatus to go outside the City limits to render aid.
It shall be the duty of the Secretary of each company/division
to submit to the Mayor and Council at its regular meeting in December,
and at such other times as he/she shall, by resolution, be required
to do so, a complete list of the names of the members of his/her company/division,
which shall be signed by the Captain and attested by the Secretary
of the company/division. The list, after approval by the Council,
shall be filed in the Office of the City Clerk.
In addition to the volunteer members of the Fire Department,
the Mayor and Council may appoint persons to perform work in and about
the municipally owned stations and for the care, maintenance and repair
of emergency apparatus, and may prescribe their duties and fix their
compensation.
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 volunteer firefighting and first aid organizations for their
loyal, diligent and devoted services to the residents of the City
of South Amboy.
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 City of South Amboy 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 article.
A.
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria pursuant to N.J.S.A. 40A:14-183 et
seq.
B.
The maximum base amount of the annual contribution for an active
member is $600 as approved by referendum.
(1)
The LOSAP base contribution shall be increased to the maximum cumulative
percentage increase for Municipal LOSAP's as approved by the
Director of the Division of Local Government Services since the time
the award was last set, October, 1999. The increase for CY 2018 (for
use in CY 2018) is 0.8% for municipal (November) LOSAPs.
(2)
The annual LOSAP contribution shall be automatically increased each
year by the cost of living increase under the CPI as approved by the
Director of the Division of Local Government Services.
The LOSAP shall provide for contributions as credit for no more
than zero years of prior years service for each eligible volunteer.
Each active volunteer member shall be credited with points for
volunteer services provided to the volunteer fire company/first aid
organization in accordance with the Schedule appended to Ordinance
No. 20-1999.[1]
[1]
Editor's Note: The Schedule of Points can be found on
file at the City Offices.
Ordinance No. 20-1999 was approved by the voters as a public
question at the General Election and took effect immediately upon
final passage and publication as provided by law.
