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.
[1]
Editor's Note: Former § 131-59, Lieutenant, was repealed 6-27-2023 by Ord. No. 5772.
[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,[1] 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]
(1) 
Verbal reprimand.
(2) 
Written reprimand.
(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.
[1]
Editor's Note: "This supplement" refers to the amendment made by Ord. No. 4210, adopted 8-11-1992.
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.
L. 
Obey the law.
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.
D. 
Fight.
E. 
Engage in any sexual activity while on duty.
F. 
Abuse their sick leave.
G. 
Steal.
H. 
Engage in any conduct which is unbecoming an employee in the public service.