There is hereby created a Fire Division within
the Department of Public Safety for the Township of Union, in the
County of Union, which said Division will be regulated and maintained
pursuant to the provisions of this chapter.
The official name of the Division shall be the
"Fire Division of the Township of Union."
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303]
The Division of Fire, its officers, members
and volunteers shall be under the control of the Chief. The Chief
of the Fire Division is solely responsible for the day-to-day operations
of the Division and shall be responsible to the Director of Public
Safety for carrying out all duties assigned by said Director, and
subject to such rules and regulations that may, from time to time,
be adopted by the Township Committee, either by ordinance or resolution.
Said Division shall be maintained and supported
through appropriation to be made by the Township Committee out of
general funds of the Township and such other funds as may be mandated
by New Jersey state statutes and/or regulations as set forth and also
by such ordinances and/or resolutions set forth by the Township Committee
of the Township of Union in the County of Union, New Jersey. Any such
funds shall be included in the budget under the caption "Department
of Public Safety."
The Division shall consist of as many companies
and fire stations as directed by the Township Committee. Such companies
and stations shall be located in the manner approved by the Township
Committee.
The manpower levels of said Division shall be
regulated by resolution of the Township Committee as appropriate needs
require.
The Township Administrator shall appoint all
officers, fire fighters, civilian personnel and volunteers subject
to the provisions of the statutes relating to such appointments in
municipalities operating under the New Jersey Civil Service Act and
shall be in accordance with all New Jersey state statutes governing
such appointments. The Township shall use residency as of the date
of appointment in addition to residency as of the closing date of
the examination as the criteria for determining residency for purposes
of appointment to the position of fire fighter and/or volunteer.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303]
The Division, its officers, members and volunteers
shall be under the direction of the Directors of Public Safety and
subject to the terms of this chapter and such rules and regulations
as may, from time to time, be promulgated by the Director of Public
Safety of the Township of Union, with reference to the discipline
of the members of the Division and the various bureaus thereof, the
training and efficiency of the personnel thereof and the use and care
of equipment and apparatus. Said Director is hereby authorized to
administer and enforce such rules as may be promulgated by him, except
that he may delegate the administration and enforcement thereof to
the Chiefs of his Department within their respective jurisdictions.
The rules herein authorized and all other Fire Division ordinances,
rules and regulations and orders, both verbal and written, shall not
only apply to all paid personnel but also to all volunteers and civilian
personnel.
[Amended 8-11-1992 by Ord. No. 4210; 3-22-1994 by Ord. No.
4303]
The Chief of the Fire Division shall be the
chief officer solely responsible for the day-to-day operations of
the Division and shall be responsible to the Director of Public Safety
for carrying out all duties assigned by said Director.
[Amended 3-22-1994 by Ord. No. 4303]
The Battalion Chief is under direct command
of a Chief of the Fire Division and shall be guided by all rules and
regulations promulgated by the Director of Public Safety and shall
enforce all ordinances, rules and regulations and policies of the
Fire Department.
The Captain is responsible to the Battalion
Chief in command of his tour or bureau and also shall enforce all
ordinances, rules and regulations and policies of the Department of
Public Safety.
[Amended 6-27-2023 by Ord. No. 5772]
Any sworn personnel in the Fire Division below
the rank of Captain shall be referred to as "firefighters," regardless
of whether they are First, Second, Third, Fourth or Fifth Class firefighters.
Such personnel shall dutifully carry out all orders of a superior
officer, regardless of the superior officer's rank. All firefighters
shall obey all ordinances, rules and regulations and policies of the
Fire Department.
The terms of office of the officers of the Fire
Division shall be fixed by a resolution of the Township Committee
except when such term is otherwise regulated by laws applying to municipalities
operating under the New Jersey Civil Service Act. The Township Committee
shall, either by resolution, ordinance or contractually, fix the hours
of duty and compensation of the officers, paid personnel and volunteers
and shall also determine the conditions of employment of volunteers.
Membership certificates and badges designating
office and/or rank shall be furnished to all personnel of the Fire
Division.
Exempt certificates shall be supplied to those
members of the Division who may be entitled to them.
A member resigning or retiring must notify the
Director of Public Safety and Township Administrator, in writing,
at least 14 days in advance. Anticipated retirements must be reported
to the Director and Township Administrator six months in advance if
known to the retiree.
[Amended 8-11-1992 by Ord. No. 4210]
A. Notwithstanding
any provision contained in this chapter or in any amendments or supplements
thereof or in the rules adopted pursuant thereto, the Township Committee,
by the adoption of this supplement, hereby delegates to the Chief of the Fire Division the
authority to discipline members of said Division and to impose punishment
in individual instances in his discretion in the following categories:
[Amended 3-22-1994 by Ord. No. 4303]
(3) Suspension
of not more than five days without pay.
(4) Fines of
not more than the equivalent of five days' pay, in accordance with
applicable Civil Service Commission rules.
(5) Disciplinary
demotions. All demotions must be approved by the Township Administrator.
B. The powers in
§ 131-66A(1) and (2) above may be delegated to all personnel
holding the rank of Battalion Chief or above.
C. A report of all
disciplinary action taken pursuant to this chapter, other than the
powers in § 131-66A(1) and (2) above, shall be submitted
to the Municipal Administrator, who shall forward such reports as
are required by law to the New Jersey Civil Service Commission.
D. Terminations,
suspensions in excess of five days and fines exceeding the equivalent
of five days' pay shall be issued by the Township Administrator, who
will forward a copy to the New Jersey Civil Service Commission. Hearings
on penalties greater than five days shall be conducted by the Township
Administrator or his designee.
Any member of the Division, whether officer,
fire fighter, volunteer or civilian, shall be subject to the above
discipline and shall be subject to censure, suspension or dismissal
from the Department of Public Safety upon notice and after hearing
before the Township Administrator or his designee that such person
has been found guilty of acts, conduct or omission which, in the judgment
and discretion of the hearing officer, is or are detrimental; provided,
however, that no member shall be dismissed unless he shall first have
been served with a copy of the charges preferred against him and unless
he shall first have been given a full, fair and impartial hearing;
and provided further that any such action by the hearing officer shall
be subject to provisions of the statutes affecting the subject matter
in municipalities operating under the New Jersey Civil Service Act
and New Jersey Civil Service Commission Rules and Regulations.
The following list of directives represents
the personal conduct standards for members of the Township of Union
Department of Public Safety. The basis for these regulations is the
following policy: Every member of the Township of Union Department
of Public Safety is expected to operate in a highly self-disciplined
manner and is responsible to regulate his own conduct in a positive,
productive and mature way.
All members, employees and volunteers shall:
A. Follow operations
manuals and written directives of both the Fire Division and the Township
of Union.
B. Use their training
and capabilities to protect the public at all times, both on and off
duty.
C. Work competently
in their positions to cause all Department and Division programs to
operate effectively.
D. Always conduct
themselves to reflect credit on the Department and Division.
E. Supervisors will
manage in an effective, considerate manner. Subordinates will follow
instructions in a positive, cooperative manner.
F. Always conduct
themselves in a manner that creates good order inside the Department
and Division.
G. Keep themselves
informed to do their jobs effectively.
H. Be concerned
and protective of each member's welfare.
I. Operate safely
and use good judgment.
J. Keep themselves
physically fit.
K. Observe the work
hours for their position.
M. Be careful of
Department equipment and property.
Members and volunteers shall not:
A. Engage in any
activity that is detrimental to the Department.
B. Engage in a conflict
of interest to the Department or use their position with the Department
for personal gain or influence.
C. Use alcoholic
beverages, debilitating drugs or any substance which could impair
their physical or mental capacities while on duty.
E. Engage in any
sexual activity while on duty.
H. Engage in any
conduct which is unbecoming an employee in the public service.