There shall be appointed by the Mayor of the Borough two members
of the Council to be the Fire Commissioner and Deputy Fire Commissioner
and who, together with the officers, as shall be elected, and members,
shall constitute the Fire Department of the Borough.
The membership of the said Department shall not exceed 60 in
number. Any person of at least 18 years of age, of good moral character,
who is a resident of or gainfully employed within the Borough or,
upon approval of the Borough Council, a resident of or gainfully employed
person in a contiguous municipality shall be eligible for acceptance
to membership in the Department. Each eligible member, as well as
all existing active member firefighters, must be physically fit to
perform the duties of a firefighter and shall annually have a physical
examination and produce evidence in the form of a certificate to that
effect made by a practicing physician after having been examined by
the said physician. Applicants must be able to read, write, and speak
the English language. Applicants must not have been convicted of a
criminal offense. Every person accepted to membership in the Department
shall sign the membership roll, which shall be kept on file by the
Borough Clerk, and such member shall promise to perform all the duties
of a firefighter as prescribed by the bylaws and rules of the Department
and the ordinances of the Borough.
Membership shall be in accordance with the bylaws of the Department,
as well as the New Jersey Administrative Code. Membership in the Ho-Ho-Kus
Volunteer Fire Department shall be open to all persons who are physically
fit and able to perform the duties of volunteer firefighters, without
discrimination on the basis of an applicant's race, creed, color,
sex, age, national origin, ancestry, or marital status. Any person
who is rejected or dismissed from membership by the Department shall
have the right to challenge such action in accordance with the procedures
set forth in the Law Against Discrimination.
[Amended 3-28-2023 by Ord. No. 2023-79]
The Bylaws and Rules Committee of the Fire Department shall
each year review, amend and/or accept the bylaws and rules for the
Department. The bylaws shall become effective immediately after approval
and adoption by a vote of 2/3 of the eligible membership present and
after review and approval by the Mayor and Council, which shall be
able to veto any proposed bylaw modifications by a majority vote of
the governing body. After approval and adoption as provided herein,
the bylaws shall be forwarded by the Department to the Fire Commissioner,
a copy of which shall also be filed with the Borough Clerk.
The line officers of the Fire Department shall be the Chief,
Assistant Chief, Captain, First Lieutenant and Second Lieutenant,
as well as other line officers, as recommended by the Fire Chief,
all of whom shall be elected by the members of the Department. The
line officers of the Department are responsible to the Mayor and Council.
The Chief, Assistant Chief, Captain, First Lieutenant and Second Lieutenant
must be approved by the Borough Council before taking office. In all
cases where the approval of the line officer so elected is refused
by the Borough Council, the existing line officers shall assume those
responsibilities until an officer elected by the members of the Department
has been approved by the Borough Council.
By Homeland Security Presidential Directive No. 5, "Management
of Domestic Incidents," dated February 28, 2003, issued by the Department
of Homeland Security on March 1, 2004, to provide a comprehensive
and consistent national approach to all hazard incident management
at all jurisdictional levels and across functional disciplines, and
by New Jersey Executive Order No. 50, adopted by the Borough of Ho-Ho-Kus
by NIMS resolution on January 23, 2007, line officers will have, as
a minimum, the currently required perquisite ICS training. As of December
31, 2008, the ICS training requirements are listed below:
A. ICS-100: all first responders, the Chief, Assistant Chief, Captain,
First Lieutenant and Second Lieutenant.
B. ICS-200: all first line supervisors, the Chief, Assistant Chief and
Captain. Classroom delivery of ICS-200 is required for the Division
of Fire Safety Incident Management System.
C. ICS-300: all incident commanders, the Fire Chief, Assistant Chief
and Captain (i.e., all those individuals with overall responsibility
or who may assume overall responsibility for commanding operations
on an incident scene or coordinating the resources at an EOC).
D. ICS-400: advanced ICS command and general staff, agency administrators
with incident command responsibility, Department heads, emergency
managers, areas commander and Multi-Agency Coordination System/Emergency
Operations Center managers.
[Amended 3-28-2023 by Ord. No. 2023-79]
A. In addition to such disciplinary process as may be provided under
the Volunteer Fire Department's bylaws, and notwithstanding the
same, the Fire Commissioner of the Borough of Ho-Ho-Kus shall have
the right to expel or suspend any firefighter or line officer as set
forth below.
B. In event of any accusation of any allegation of misconduct, violation
of Borough ordinance, or action affecting the health, safety or welfare
of the residents of the Borough of Ho-Ho-Kus by any member or line
officer, any person may issue a written complaint, which shall be
referred to the Fire Commissioner or his designee. The Fire Commissioner,
or his designee, shall review the matter and may proffer charges against
such member seeking his expulsion or removal.
C. Upon proffering such charges, the Fire Commissioner shall provide
such member or line officer with notice of the charges and an opportunity
to provide a written response to the charges. The Fire Commissioner
shall thereafter recommend sustaining, not sustaining, or modifying
the charges, without a further hearing. Any member or line officer
shall have no greater rights than an at-will, nonpaid volunteer, and
nothing herein shall be read to provide any greater rights to such
member or line officer.
D. If any charges are sustained or modified, the Fire Commissioner shall
inform the Borough Council, which shall determine whether to suspend
or expel such member or line officer from the Fire Department, or
take such other action as it deems appropriate, without a further
hearing.
E. Notwithstanding the above, the Fire Commissioner may immediately
suspend any member or line officer prior to receiving the member's
written response, should he deem such suspension in the best interest
for the health, safety, and welfare of the residents of the Borough
of Ho-Ho-Kus.
F. In the event of any conflict between the Volunteer Fire Department's
bylaws and this chapter, the provisions of this chapter shall control.
When the Fire Chief "red tags" a firefighter for noncompliance
with firematic regulations, he or she is not eligible to participate
in any firefighter activities until the "red tag" status has been
removed by the Fire Chief. When a firefighter is not eligible to participate
in activities that would normally yield VIP credit, he or she cannot
be given credit for those activities until eligibility has been reinstated
by the removal of the "red tag" status.
It shall be the duty of the Fire Chief to report to the Fire
Commissioner and Borough Council at the first meeting in each month
the overall condition of the Department, including the fire apparatus
and all other matters the Fire Chief or the Borough shall deem advisable.
Each member of the Department shall, on signing the roll, be
entitled to receive a badge and certificate of membership signed by
the Mayor, Fire Commissioner, and President of the Department. The
firefighter badge shall remain the property of the Department and
shall be surrendered upon the resignation, suspension or expulsion
of any member.
The services of the members of the Fire Department shall be
voluntary and without formal compensation, other than clothing allowances
and volunteer incentive programs (VIP) administered by the Borough
to all eligible members.
The Borough Council shall have the right to alter or amend this
article at any time, as it shall deem advisable.
[Amended 10-23-2012 by Ord. No. 1011]
There is hereby established as part of the Fire Department of
the Borough a Junior Firefighters Auxiliary in accordance with all
the provisions of N.J.S.A. 40A:14-95 through 40A:14-98, inclusive,
and the qualifications for membership in the auxiliary shall be as
follows:
A. Any person between the ages of 16 and 21 being a resident of the
Borough in good standing and of good moral character or a child of
any senior member shall be eligible for membership in the Junior Firefighters
Auxiliary.
[Amended 11-24-2015 by Ord. No. 1043]
B. Membership shall be conditioned upon acceptance by the Fire Department,
subject to the approval of the Borough Council, and, upon such approval,
the member shall sign the membership roll, which shall be kept by
the Borough Clerk, and the member shall promise to perform all the
duties of a junior firefighter as prescribed by the Department bylaws,
the rules of the Fire Department and the ordinances of the Borough.
Every member of the Junior Firefighters Auxiliary shall be required
to obtain permission to join the Auxiliary from their parents or guardians,
and such permission shall be in writing, acknowledged or proved in
the manner provided by law for deeds to real estate.