Township of Robbinsville, NJ Article VII Administrative Branch

§ 2-25 Departmental organization.

The Township government shall, to the maximum feasible extent, organize into departments as provided by this Charter with the goal of achieving maximum efficiency and effectiveness. The departments of the Township shall be as follows:

A. Department of Administration.

B. Department of Finance.

C. Department of Community Development.

D. Department of Public Works.

E. Department of Public Safety.

F. Department of Law.

[Added 3-4-2019 by Ord. No. 2019-4]

G. Department of Construction and Housing.

[Added 1-29-2021 by Ord. No. 2021-2]

§ 2-26 Department directors.

A. Notwithstanding any other law to the contrary, each department shall be headed by a director, who shall be appointed by the Mayor with the advice and consent of the Council, and who shall serve during the term of the Mayor appointing the director and until the appointment and qualification of a successor. The Mayor shall, with the advice and consent of the Council, appoint the Municipal Assessor and all other municipal officers not assigned within municipal departments, subject to the terms of any general law providing for these offices, unless a different appointment procedure is clearly required by this plan of government or by general law. A department director may simultaneously serve as a division manager.

[Amended 1-29-2021 by Ord. No. 2021-2]

B. Notwithstanding any other law to the contrary, department heads shall appoint subordinate officers and employees within their respective departments and may, with approval of the Mayor, remove such officers and employees subject to the provisions of Title 11A of the New Jersey Statutes or other general law.

[Amended 1-29-2021 by Ord. No. 2021-2]

C. Powers and duties of department directors. Directors shall hire subordinate officers and employees within their respective departments and may, with approval of the Mayor, remove such officers and employees, subject to the provisions of general law. The director of each department shall, subject to the supervision of the Mayor or designee, the code and ordinances of the Township, and law:

(1) Devote such time as required for the purpose and efficient discharge of the duties of the respective office.

(2) Have, exercise and discharge the functions, powers and duties of the department.

(3) Prescribe the internal organization of the department and the duties of the subordinates and assistants, subject to approval of the Mayor.

(4) Administer the work of the department with respect to the functions established by this chapter.

(5) Appoint subordinate officers and employees to be employed within the department and upon the basis of a written job description and assign functions, powers and duties to them and delegate such powers as may be deemed necessary for the efficient administration of the department to be exercised by subordinate officers and employees.

(6) Report at least annually to the Mayor and Council, in such form as may be approved by the Mayor, on the work of the department during the preceding year.

(7) Certify the correctness and propriety of all payrolls and vouchers or provide the certification for them.

(8) Prepare budgets and maintain proper accounts.

(9) Appoint and hire qualified individuals for all positions, pursuant to the personnel policies of the Township.

(10) Perform such other duties and responsibilities as directed by the Mayor or designee.

D. Vacancies in office of director of department. Whenever a vacancy exists for any reason in the office of a director of any Township department, the Mayor may temporarily fill such vacancy by appointing either the Mayor, as provided in the Optional Municipal Charter Law, or another officer or employee of the Township as acting director, who shall perform all the duties and functions of such department director until the office shall be filled permanently. Any such appointment of an acting director shall terminate not later than 90 days after the date of the appointment unless the Council shall by resolution authorize one or more extensions.

§ 2-27 Department of Administration established; department director.

There shall be a Department of Administration, the head of which shall be the Business Administrator, who shall serve as Director. The Department of Administration shall consist of the following Divisions:

A. Division of Business Development.

B. Division of Recreation.

C. Division of Community Services.

D. Division of Health.

E. Division of Information Technology.

§ 2-28 Business Administrator.

A. Appointment. The Mayor shall, with the advice and consent of the Council, appoint a Business Administrator, who shall be chosen solely on the basis of executive and administrative qualifications, with special reference to actual experience in or knowledge of the duties of the office, and who shall serve until the appointment and qualification of a successor.

[Amended 2-9-2018 by Ord. No. 2018-6]

B. Full-time position; holding of other offices. The Business Administrator shall devote full time to the duties of the office, except that nothing herein shall prevent the Business Administrator from also holding any other appointive municipal office of the Township and fulfilling the duties thereof.

C. Functions, powers and duties. Under the direction and supervision of the Mayor, the Business Administrator shall:

(1) Prescribe and require each department and other spending agency for which Township appropriations are made to maintain records and produce reports of their respective workload and performance, expressed in appropriate work units, which the Business Administrator may prescribe or approve for each of the departments and other spending agencies.

(2) Develop and enforce, in cooperation with other directors, standards and procedures for the most efficient management of the Township government, not inconsistent with the Charter and ordinances of the Township.

(3) Assist the Mayor in the preparation of the annual budget and maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.

(4) Administer a uniform centralized purchasing system program as the efficient management of the Township government may require.

[Amended 10-25-2007 by Ord. No. 2007-52]

(5) Serve as chief personnel officer; develop and administer the personnel systems and all matters pertaining to personnel.

(6) Subject to the direction of the Mayor, supervise the administration of each of the departments established by this chapter or by ordinance. For this purpose, the Business Administrator shall have power to investigate the organization and operation of any and all departments, to prescribe standards and rules of administrative practice and procedure and to consult with the heads of the departments under the Business Administrator's jurisdiction, provided that, with respect to the Department of Law, if any, or Department of Audit, Accounts or Control, if any, the authority of the Business Administrator shall extend only to matters of budgeting, personnel and purchasing.

(7) Serve as the affirmative action officer or be authorized to designate the affirmative action officer and oversee the implementation and monitoring of the affirmative action program of the Township.

D. Construal of provisions. Nothing herein shall derogate from the powers and duties of the elective or appointive officials of the Township or of the boards and commissions thereof established pursuant to law or authorize the Business Administrator to exercise the powers and duties thereof.

E. Acting Business Administrator. Whenever and so long as there is a vacancy in the office of Business Administrator, the Mayor may serve as Acting Business Administrator without additional compensation, or the Mayor may appoint another suitable person to act as Acting Business Administrator. Any such appointment shall terminate after 90 days, unless the Council shall, by resolution, authorize one or more extensions. The Acting Business Administrator shall have all the functions, powers and duties of the Business Administrator.

§ 2-29 Division of Business Development.

The Division of Business Development shall be headed by the Manager of Business Development. The Manager of Business Development shall be qualified by training, experience and in accordance with the law.

§ 2-30 Division of Recreation.

The Division of Recreation and Parks shall be headed by the Manager of Recreation. The Manager of Recreation shall perform such duties as, but not be limited to, the following:

A. Administering and operating indoor and outdoor athletic and recreational programs and activities for children and adults in parks, playgrounds and facilities.

B. Planning and promoting the immediate and long-term recreational needs of the Township.

§ 2-31 Division of Community Services.

The Division of Community Services shall be headed by the Manager of Community Services. The Director of Director of Community Services shall be qualified by training, experience and in accordance with the law.

§ 2-32 Division of Health.

The Division of Health shall be administered by a licensed Health Officer, who shall perform such duties as, but not limited to, the following:

A. Enforcing state and local laws and regulations related to public health.

B. Administering the public health programs of the Township, including public health nursing, community health education, environmental health, communicable disease control and chronic disease control.

C. Administering the laws relating to vital statistics and supervising the local Registrar of Vital Statistics.

D. Enforcing laws and ordinances providing for the prevention and control of disease and related inspections, including but not limited to the obligations of occupants and residents for the storage, collection and disposal of garbage and trash.

§ 2-33 Division of Information Technology.

The Division of Information Technology shall be headed by the Manager of Information Technology. The Manager of Information Technology shall be qualified by training, experience and in accordance with the law.

§ 2-34 Department of Finance established; department director.

A. There shall be a Department of Finance, the head of which shall be the Director of Finance, who may be the Chief Financial Officer of the Township or another qualified individual. The Director shall be qualified by training and experience to be the head of the department, especially as set forth below. The Director shall serve during the term of office of the Mayor appointing the Director and until the appointment and qualification of a successor.

[Amended 8-28-2020 by Ord. No. 2020-24]

B. The Director of Finance shall be appointed by the Mayor with the advice and consent of the Council.

§ 2-35 Department divisions.

Within the Department of Finance there shall be the following divisions:

A. Division of Treasury.

B. Division of Revenue.

§ 2-36 Division of Treasury.

A. Chief Financial Officer. The Chief Financial Officer shall serve as the Manager of the Division of Treasury.

B. The Chief Financial Officer, prior to appointment, shall be qualified by training and experience in the proper financial administration of a municipality under state law and certified by the State of New Jersey. The Chief Financial Officer shall be appointed by the Mayor with the advice and consent of the Council and serve a term of four years from January 1 in the year in which the Chief Financial Officer is appointed or as otherwise provided by law. The Chief Financial Officer, in cooperation with and subject to the supervision of the Director of Finance, shall perform such duties, including but not limited to the following:

[Amended 8-28-2020 by Ord. No. 2020-24]

(1) Receiving funds entrusted to or under the control of any department and depositing all funds received in depositories authorized by resolution of the Council within 48 hours of their receipt.

(2) Keeping books and records of accounts for the exercise of financial budgetary control over each department, office and agency of the Township government and keeping such accounts as will show the amount of each appropriation, the cumulative amount paid therefor, and the unpaid obligations and unencumbered balance. The control function shall also include provision for an encumbrance system of budget operations, for expenditures only upon written requisition, for the pre-audit of all claims and demands against the Township prior to payment and for the control of all payments out of any public funds by individual warrants for each payment to the official having custody thereof.

(3) Authorizing the payment of bills, claims, demands and payroll upon the proper certification of the appropriate director of the amount due and owing.

(4) Auditing receipts and disbursements of each department and requiring reports to be made at such intervals as will most efficiently protect the public interest.

(5) Disbursing monies for the payment of claims approved by a department director and the Business Administrator by means of checks signed by the Mayor and the Chief Financial Officer.

§ 2-37 Division of Revenue.

A. Tax Collector. The Tax Collector shall serve as the Manager of the Division of Revenue.

B. The Tax Collector, prior to appointment, shall be qualified by training and experience in the administration of municipal tax collections and tax accounting procedures and certified by the State of New Jersey. The Tax Collector shall be appointed by the Mayor and serve a term of four years from the first day of January next following the appointment or as otherwise provided by law. The Municipal Tax Collector's duties shall include, but not be limited to, the following:

(1) Extending each year's tax on the tax duplicate, preparing and mailing tax bills and maintaining tax accounting records in such manner as prescribed by law.

(2) Receiving and collecting all current and delinquent real and personal property taxes, charging and receiving penalties and interest in accounting for all collections in such form and manner as may be prescribed by law.

(3) Making or causing to be made and certifying searches for tax and other liens on any real property in the Township as may be authorized by law, and charging and collecting for the use of the Township the fee required by law for such search.

(4) Preparing and mailing all utility bills and receiving and accounting for them in the manner provided by law.

(5) Performing any and all other duties as the Mayor and/or Business Administrator or Director of Finance shall assign.

[Amended 8-28-2020 by Ord. No. 2020-24]

§ 2-38 Department of Community Development established; department director.

[Amended 10-11-2007 by Ord. No. 2007-50]

A. There shall be a Department of Community Development, the head of which shall be the Director of Community Development. The Director shall be qualified by training and experience to be the head of the Department, especially as set forth below. The Director shall serve during the term of office of the Mayor appointing the Director and until the appointment and qualification of a successor.

[Amended 5-3-2017 by Ord. No. 2017-9]

B. The Director of Community Development shall be appointed by the Mayor with the advice and consent of the Council.

§ 2-38.1 Department divisions.

[Amended 10-11-2007 by Ord. No. 2007-50; 2-12-2009 by Ord. No. 2009-6; 8-27-2009 by Ord. No. 2009-23; 1-29-2021 by Ord. No. 2021-2]

The Department of Community Development shall include the following divisions:

A. Division of Engineering and Transportation.

B. Division of Land Use.

§ 2-38.2 Division of Engineering and Transportation.

[Amended 10-11-2007 by Ord. No. 2007-50]

A. Township Engineer. The Township Engineer shall serve as the Manager of the Division of Engineering and may also serve as the Director of Community Development. The Township Engineer shall be a duly licensed professional engineer of the State of New Jersey.

B. The Manager of the Division of Engineering shall perform such duties, including but not limited to the following:

(1) Working with the Director of Public Works in coordinating and planning for the maintenance and expansion of the roads of the Township and reporting annually on their status.

(2) Preparing all plans and specifications for public works and improvements undertaken by the Township and certifying satisfactory completion of work, authorize progress payments pursuant to the contract.

(3) Providing, maintaining and updating maps, plans, specifications, surveys and records with respect to public property, works and facilities owned and operated by the Township.

(4) Providing engineering services to the various departments, boards or agencies of the Township, as directed by the Mayor or designee.

(5) Issuing such certifications as may be necessary in approving all bills with respect to work performed under the Township Engineer's supervision.

(6) Preparing maps, plans and specifications and preparing or causing to be prepared surveys and maps, including the tax maps.

(7) Reviewing proposed preliminary and final subdivision plats and site plans for conformity with Township ordinances and advising the Land Use Board as to such matters.

[Amended 7-20-2022 by Ord. No. 2022-27]

(8) Inspecting and recommending acceptance of construction activities which will be dedicated as public improvements to the Township.

C. All papers, documents, memoranda, reports and other material relating to the administration of engineering duties of the Township Engineer shall be and remain the property of the Township. Upon termination of the Township Engineer's services with the Township, the Township Engineer shall forthwith surrender to any successor all such property.

§ 2-38.3 Division of Land Use.

[Amended 10-11-2007 by Ord. No. 2007-50; 10-18-2017 by Ord. No. 2017-31; 1-29-2021 by Ord. No. 2021-2[1]; 7-20-2022 by Ord. No. 2022-27]

The Division of Land Use shall be headed by the Director of Community Development. The Director of Community Development shall also be responsible for zoning enforcement and giving advice and assistance to the Land Use Board and other applicable boards, bodies, commissions and committees of the Township. The powers and duties of the Director of Community Development shall be as otherwise designated in Township ordinances and state law.

[1] Editor's Note: This ordinance also repealed former § 2-38.3, Division of Uniform Construction, as amended, and redesignated former §§ 2-38.4 and 2-38.5 as §§  2-38.3 and 2-38.4, respectively.

§ 2-38.4 (Reserved) [1]

[1] Editor's Note: Former § 2-38.5, Division of Utilities, added 10-11-2007 by Ord. No. 2007-50, was repealed 8-27-2009 by Ord. No. 2009-23. See now § 2-45H. Former § 2-38.6, Division of Housing, added 2-12-2009 by Ord. No. 2009-6, which immediately followed this subsection, was repealed 1-29-2021 by Ord. No. 2021-2.

§ 2-39 (Reserved) [1]

[1] Editor's Note: Former § 2-39, Department divisions, was amended and redesignated as § 2-38.1.

§ 2-40 (Reserved) [1]

[1] Editor's Note: Former § 2-40, Division of Engineering and Transportation, was amended and redesignated as § 2-38.2.

§ 2-41 (Reserved) [1]

[1] Editor's Note: Former § 2-41, Division of Uniform Construction, was amended and redesignated as § 2-38.3.

§ 2-42 (Reserved) [1]

[1] Editor's Note: Former § 2-42, Division of Land Use, was amended and redesignated as § 2-38.4.

§ 2-43 Department of Public Works established; department head.

A. There shall be a Department of Public Works, the head of which shall be the Director of Public Works. The Director shall be qualified by training, experience and in accordance with the law.

B. The Director shall serve during the term of office of the Mayor appointing the Director and until the appointment and qualification of the successor. The Director shall be appointed by the Mayor with the advice and consent of the Council.

C. In accordance with N.J.S.A. 40A:9-154.6, tenure shall be granted to the Director as follows. A person holding office, position or employment as full-time municipal Superintendent of Public Works who has held the office, position or employment continuously for five years or more shall continue to hold the office, position or employment, notwithstanding he or she is serving for a fixed term, during good behavior and efficiency and shall not be removed therefrom for political or other reasons except for good cause, upon written charges filed with the Municipal Clerk and after a public, fair and impartial hearing. The person may be retired when he or she shall have attained 70 years of age.

[Added 9-23-2010 by Ord. No. 2010-29]

§ 2-44 Responsibilities.

The Department of Public Works shall be responsible for:

A. Roads.

B. Streetlighting.

C. Signs.

D. Parks and recreation maintenance.

E. Buildings and grounds maintenance.

F. Snow removal.

G. Solid waste collections, recycling collections and brush/yard waste collections.

[Added 5-24-2007 by Ord. No. 2007-31]

H. The Division of Utilities.

[Added 8-27-2009 by Ord. No. 2009-23]

§ 2-45 Responsibilities of Public Works Director.

The Director of Public Works shall have the following responsibilities:

A. Maintain and repair public roads of the Township.

B. Maintain, repair and provide public works services to the playgrounds of the Township and trim, plant and care for shade trees, public parks and greens.

C. Maintain Township streets and roads in a clean and safe condition for passage, free of obstructions and hazards, and remove snow and ice therefrom as required.

D. Operate, maintain and repair public parking areas and facilities.

E. Provide for the care, storage, use and disposition of motor vehicles and motorized equipment of the Township, except as otherwise directed.

F. Maintain and repair Township buildings and properties.

G. Oversee and manage the Township’s solid waste collections, recycling collections and brush/yard waste collections.

[Added 5-24-2007 by Ord. No. 2007-31]

H. The Director of Public Works shall head the Division of Utilities and shall be responsible for the operation and maintenance of the Township's sanitary sewer system in accordance with state and local laws.

[Added 8-27-2009 by Ord. No. 2009-23]

§ 2-46 Department of Public Safety established; department director.

A. There shall be a Department of Public Safety, headed by the Mayor, who shall serve as Public Safety Director.

B. Department divisions. The Department of Public Safety shall include the following divisions:

[Amended 12-5-2006 by Ord. No. 2006-40]

(1) Division of Police.

(2) Division of Fire.

(3) Emergency Medical Services.

[Amended 9-18-2017 by Ord. No. 2017-22]

(4) Division of Emergency Management.

§ 2-47 Division of Police.

A. The Police Division of the Township is hereby established with such number of subordinate police officers and sworn police positions as designated by the Mayor and authorized by the Council, as hereinafter provided. The Police Division shall be headed by a Chief of Police or ranking sworn officer in the absence of a Chief of Police, who shall be appointed by the Director of Public Safety and whose duties and responsibilities shall be those as governed by law, Township Code, where applicable, and the rules and regulations of the Township of Robbinsville Police Division. The Director of Public Safety shall serve as the appropriate authority of the Police Division.

[Amended 3-2-2016 by Ord. No. 2016-3]

B. Police officers regularly employed by the Township of Robbinsville at the time of passage of this chapter shall continue as members of the Police Division of the Township of Robbinsville.

C. The Division of Police shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Township of Robbinsville; direct and control traffic; provide assistance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.

D. The Division of Police shall consist of a Chief of Police, one Captain of Police, four Lieutenants of Police, seven Sergeants, not more than 25 patrolmen and not more than five probationary officers. Police Chaplains shall be members of the police force without rank or salary in accordance with N.J.S.A. 40A:14-141 and Subsection S. Police matrons, traffic officers, school traffic officers and radio communications officers shall be subject to the rules of the Division but shall not be considered members of the police force within the meaning of any provision of N.J.S.A. 40A:14-118 et seq. They shall be appointed by the Public Safety Director, with the recommendation of the Chief of Police.

[Amended 12-27-2007 by Ord. No. 2007-59; 3-29-2017 by Ord. No. 2017-7; 12-22-2017 by Ord. No. 2017-35; 10-11-2019 by Ord. No. 2019-41; 3-10-2022 by Ord. No. 2022-12]

E. Each applicant for a position as an officer or member of the Division of Police shall:

(1) Be a citizen of the United States and a resident of the State of New Jersey.

(2) Be at least 18 years of age but under the age of 35 years.

[Amended 1-30-2007 by Ord. No. 2-007-2]

(3) Be sound in body and of good health, sufficient to satisfy the Board of Trustees of the Police Retirement System of New Jersey that such person is eligible for membership in the retirement system.

(4) Be able to read, write and speak the English language well and intelligently.

(5) Be of good moral character and must not have been convicted of any crime involving moral turpitude.

(6) Serve a probationary period as set by the governing body by resolution and in accordance with the provisions of Chapter 56 of the Laws of 1961.

(7) Possess a valid New Jersey driver's license.

(8) Satisfactorily qualify on such examinations as the governing body may establish by resolution.

(9) Satisfy any additional requirements that may be established by the governing body by resolution.

F. The Chief of Police or his designee shall establish a drug screening procedure for applicants and employees of the Robbinsville Township Police Department. The drug testing policy shall be reviewed and approved by the office of the Mercer County Prosecutor. The policy shall be adopted as part of the Police Department's Rules and Regulations[1] and shall be amended from time to time so as to insure that applicants to the Department and the Department's sworn law enforcement personnel are drug-free.

[1] Editor's Note: See Ch. 46, Police Department Rules and Regulations.

G. Applicants for the position of patrolman shall make written application to the Chief of Police and, at the same time, submit such proof as shall be requested with respect to the above qualifications.

H. Each full-time patrolman appointed to the Division of Police Department may pursue other employment outside of duty hours as prescribed by the Chief of Police and subject to the approval of the Township Administrator.

I. Powers and duties of Chief of Police. The Chief of Police, or in the absence of a Chief of Police, the ranking sworn officer designated by the Director of Public Safety, shall:

[Amended 3-2-2016 by Ord. No. 2016-3]

(1) Be the executive head of the Division of Police, subject to the direction and supervision of the Director of Public Safety, and shall be responsible for the proper and efficient operation of the Division and the supervision of its activities.

(2) Be responsible for the observation and enforcement of all laws of the state and ordinances within the jurisdiction of the Division and the enforcement of the rules and regulations of the Division of Police and shall perform such other duties as shall be prescribed by the Director of Public Safety and/or ordinances of the Township.

(3) Ensure that all persons connected with the Division are properly instructed in their duties and give particular attention to the training and instruction of new members thereof.

(4) Have under his control all records and property of the Division of Police and designate any member of the Division to prepare these reports and keep the records in such manner as he may prescribe as well as to take charge of such property and any other property coming into the custody of the Department.

(5) Participate in the promotion and development of the rules and regulations of the Division of Police.

(6) Develop objectives, policies and procedures of the Division of Police.

(7) Administer programs and procedures of the Division.

(8) Perform special assignments as Director of Public Safety directs.

(9) Develop budget objectives for the operation of the Division of Police.

(10) Maintain and assure that no overexpenditures occur in the Division.

(11) Maintain all equipment assigned to the Police Department.

(12) Recommend promotions and hires to adequately staff the Division of Police.

(13) Develop a suitable successor and be responsible for the training of replacements at all levels within the Division.

(14) Furnish to the Director of Public Safety complete monthly and yearly reports of Police Department matters.

J. Powers and duties of Department members. The rights, privileges, powers and duties of the members of the Division of Police, including temporary officers and special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments generally, by the ordinances and resolutions of the Township and by such rules and regulations which may be established by the Director of Public Safety, Chief of Police and approved by the governing body.

K. Hours of employment. Subject to the provisions of any valid and existing bargaining agreement, each member of the Division of Police shall devote his whole time and services thereto, except as otherwise provided herein. Although certain hours will be allotted for the performance of regular tours of duty, officers are considered at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.

L. Promotions. No member of the Division of Police shall be promoted to or hold any superior rank within the Division until he has served at least three years as an officer in the Division of Police of the Township. A promotional examination shall be given when more than one member is being considered for promotion to the ranks of Sergeant, Lieutenant, Captain or Chief. No promotion to Sergeant, Lieutenant, or Captain shall become final until a three-month probationary period has been served and the Chief of Police has recommended to the Director of Public Safety that the probation become permanent.

[Amended 3-2-2016 by Ord. No. 2016-3; 12-22-2017 by Ord. No. 2017-35]

(1) Promotion to the rank of Sergeant shall be made by the Director of Public Safety in accordance with the following procedure:

(a) Officers with at least three years of experience with the Robbinsville Division of Police on the date the promotion is announced shall be eligible for consideration.

(b) Eligible officers who wish to be considered shall submit to the Chief of Police, or designee, in writing, a letter of interest which outlines his or her qualifications for Sergeant and contains a C.V. or resume and the self-evaluation report set forth in the Division of Police Order No. 1.20 (a).

(c) Thereafter, all interested officers shall participate in an oral interview to be conducted by a panel of three ranking officers of the Police Division as determined by the Chief of Police, and which panel may include the Chief. The panel shall ask the candidates the same questions, score the candidates responses and rank the officers in order of scores.

(d) Following departmental interviews, the Police Chief, or his/her designee, shall refer the top three candidates, as determined by the Police Division interviews, to the Township Administration to be interviewed by the Director of Public Safety, the Administrator, and one other person designated by the Director of Public Safety.

(e) Following Township Administration interviews, the Director of Public Safety shall promote the candidate deemed most qualified to the position of Sergeant.

(f) The candidate promoted shall serve a three-month probationary period in the rank of Sergeant and shall only receive permanent appointment to the rank upon successful completion of probation. During or at the conclusion of the probationary period, the individual so promoted may be demoted to police officer by the Director of Public Safety upon recommendation of the Police Chief.

(2) Promotion to the rank of Lieutenant shall be made by the Director of Public Safety in accordance with the following procedure:

(a) Officers with at least two years of experience as a Sergeant in the Robbinsville Division of Police on the date the promotion is announced shall be eligible for consideration.

(b) Eligible Sergeants who wish to be considered shall submit to the Chief of Police, or the Chief's designee, in writing, a letter of interest which outlines his or her qualifications for Lieutenant and contains a C.V. or resume and the self-evaluation report set forth in the Division of Police Order No. 1.20 (b).

(c) Thereafter, all interested officers shall participate in an oral interview by a panel of three ranking officers above the rank of Sergeant in the Police Department as determined by the Chief of Police, and which panel may include the Chief. The panel shall ask the candidates the same questions, score the candidates' responses and rank the officers in order of scores.

(d) Following departmental interviews, the Police Chief, or his/her designee, shall refer the top two candidates, as determined by the Police Department interviews, to the Township Administration to be interviewed by the Director of Public Safety, the Administrator, and one other person designated by the Director of Public Safety.

(e) Following Township Administration interviews, the Director of Public Safety shall promote the candidate deemed most qualified to the position of Lieutenant.

(f) The candidate promoted shall serve a three-month probationary period in the rank of Lieutenant and shall only receive permanent appointment to the rank upon successful completion of probation. During or at the conclusion of the probationary period, the individual so promoted may be demoted to Sergeant by the Director of Public Safety upon recommendation of the Police Chief.

(3) Promotion to the rank of Captain shall be made by the Director of Public Safety in accordance with the following procedure:

(a) Officers with at least two years of experience as a Lieutenant in the Robbinsville Division of Police on the date the promotion is announced shall be eligible for consideration.

(b) Eligible Lieutenants who wish to be considered shall submit to the Chief of Police, or the Chief's designee, in writing, a letter of interest which outlines his or her qualifications for Lieutenant and contains a C.V. or resume and the self-evaluation report set forth in the Division of Police Order No. 1.20 (b).

(c) (c)Thereafter, all interested officers shall participate in an oral interview with the Chief of Police. The Chief shall ask the candidates the same questions, score the candidates' responses and rank the officers in order of scores.

(d) Following departmental interviews, the Police Chief, or his/her designee, shall refer the top two candidates, as determined by the Police Department interviews, to the Township Administration to be interviewed by the Director of Public Safety, the Administrator, and one other person designated by the Director of Public Safety.

(e) Following Township Administration interviews, the Director of Public Safety shall promote the candidate deemed most qualified to the position of Captain.

(f) The candidate promoted shall serve a three-month probationary period in the rank of Captain and shall only receive permanent appointment to the rank upon successful completion of probation. During or at the conclusion of the probationary period, the individual so promoted may be demoted to Lieutenant by the Director of Public Safety upon recommendation of the Police Chief.

(4) Promotion to the position of Chief of Police shall be made by the Director of Public Safety in accordance with the following procedure:

(a) Officers in the rank of Captain or Lieutenant of Police in the Robbinsville Division of Police and who have served at least one year in the rank of Captain or Lieutenant shall be eligible to test for the position of Chief.

(b) Eligible officers who wish to be considered for the position of Chief of Police shall be subject to an examination by oral interview conducted by Township Administration consisting of a panel of five members empaneled by the Director of Public Safety. The Township Administration interview panel shall consist of the Director of Public Safety, the Township Administrator, and Council President, at least one Chief of Police from another New Jersey municipality and another member designated by the Director of Public Safety, such as the Township Attorney, the Township Labor Attorney, or any other person deemed appropriate by the Director.

(c) Following the completion of the examination process, the Director of Public Safety shall promote the candidate deemed most qualified to the position of Chief of Police.

(d) The candidate promoted shall serve a three-month probationary period in the rank of Chief and shall only receive permanent appointment to the rank upon successful completion of probation. During or at the conclusion of the probationary period, the individual so promoted may be demoted to the rank of Lieutenant based on unsatisfactory performance as determined by the Director of Public Safety.

(5) Any promotional policies of the Police Department inconsistent with this subsection are repealed effective upon passage of this subsection.

M. Uniforms and badges. The members of the Division of Police, when on duty, shall wear such uniforms and equipment as shall be prescribed by the Director of Public Safety, or his designee, and shall at all times present a neat, clean and respectable appearance. This provision shall also apply to court appearances while on duty. The clothes and equipment shall at all times be the property of the Township of Robbinsville and, upon ceasing of service, shall be immediately returned to the office of the Division of Police.

N. Disciplinary standards. No member of the Division of Police shall at any time while holding office or appointment under the authority of this chapter:

(1) Violate any criminal law of the United States or of the State of New Jersey or any ordinance of the Township.

(2) Conduct himself in a manner unbecoming a police officer and a gentleman.

(3) Conduct himself in a manner subversive to good order and discipline of the Division of Police.

(4) Conduct himself in a manner disrespectful to a superior.

(5) Absent himself from his post of duty without having obtained prior leave from his superior officer, except in case of emergency.

(6) Absent himself from the Township, except when he should be off duty or on vacation, without having obtained prior leave from the Chief; provided, however, that this regulation shall apply to special police officers only while assigned to active duty.

(7) Refuse to perform any of the duties of his office or evade the performance of such duties or any of them, whether on patrol or otherwise, and whether or not in uniform; provided, however, that this regulation shall apply to special police officers only while assigned to active duty.

(8) Contract any debts or other financial obligations without reasonable expectation of being able to pay or discharge the same when due.

(9) Hold any political office or be a candidate for such office or engage in any other form of political activity.

O. Special law enforcement officers.

(1) The Director of Public Safety may appoint special law enforcement officers for a term not exceeding one year and revoke such appointments without cause or hearing. Such special law enforcement officers shall carry out their duties and responsibilities under the direct supervision of the Chief of Police, and their powers, rights and duties shall be specifically defined by the Chief of Police. The powers, rights and duties shall immediately cease at the expiration of the term for which such special law enforcement officers were appointed or on revocation of their appointment. Special law enforcement officers shall not carry revolvers or other weapons at any time, except as otherwise directed by the Chief of Police and having completed the requirements as required by law.

(2) No person shall be appointed a special law enforcement officer unless he is a citizen of the United States, is able to read, write and speak the English language, is physically qualified, of good moral character and shall not have been convicted of any crime. Each special law enforcement officer shall be fingerprinted, and his fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the governing body concerning the eligibility and qualifications of any person proposed to be appointed a special law enforcement officer.

P. Departmental rules and regulations. The Director of Public Safety shall establish and may amend and repeal such rules and regulations as he may deem necessary for the government and efficient working of the entire Division. The rules and regulations, when adopted, amended or repealed, shall be posted by the Chief of Police in facilities assigned to the Division of Police for headquarters purposes and a copy delivered to each member of the Division within five days after their adoption, amendment or repeal.

Q. Discipline against police officers; hearing.

[Amended 3-2-2016 by Ord. No. 2016-3]

(1) The Police Department shall comply with all current guidelines and directives as issued by the Attorney General of the State of New Jersey and Prosecutor of Mercer County for all Internal Affairs activities.

(2) All complaints alleging the misconduct of any police officer in the Division of Police shall be forwarded to the Chief of Police, or the officer in charge, for investigation by internal affairs. All complaints of officer misconduct will be accepted, whether by phone, in person or anonymously. The public is encouraged to report the complaint in writing; however, all complaints will be investigated.

(3) Investigation; service of charges; hearing officer.

(a) In any investigation of a permanent police officer that results in a finding of sustained resulting in disciplinary charges, which charges seek to suspend a permanent police officer for more than five days, demote, or terminate a permanent police officer for violation of N.J.S.A. 40A:14-147 or violation of the internal rules and regulations of the Division of Police, and where the police officer requests a hearing, the appropriate authority, or his/her designee, shall sit as hearing officer for the Township. If the police officer requests a hearing, the hearing shall be held no sooner than 10 days nor later than 30 days after service of the charges, unless the time period is waived by the officer and the Township.

(b) The written charges shall be served on the police officer and the appropriate authority. The appropriate authority or his/her designee shall have the power to suspend, without pay, a police officer so charged upon recommendation of the Chief of Police, or the officer in charge, pending a determination of such charges.

(c) In the event the appropriate authority does not act as hearing officer, the appropriate authority may designate and appoint another to act as hearing officer. The hearing officer designated to hear the disciplinary matter shall, at the conclusion of the hearing, forward his/her findings and recommendations to the appropriate authority, who shall make the final determination. The appropriate authority's decision shall be reviewable as provided by law, as amended from time to time.

(4) The Chief of Police, or the officer in charge, shall have the authority to counsel police officers and issue reprimands without the matter coming before the appropriate authority.

(5) The Chief of Police, or the officer in charge, with the approval of the appropriate authority, may suspend an officer for five days or less, without the need of holding a hearing before the appropriate authority. Any proposed suspension of five days or less of a permanent police officer must comply with N.J.S.A. 40A:14-147 and provide the officer with an opportunity for a hearing before the Chief or his designee prior to imposition of the penalty. Officers who are suspended for five days or less may appeal the suspension in accordance with the grievance procedure in the PBA collective bargaining agreement.

(6) The appropriate authority may approve any recommendation of the Chief of Police, or the officer in charge, to resolve any disciplinary matter with the police officer.

(7) All disciplinary proceedings against police officers shall comply with applicable laws and regulations.

R. Private duty assignment/rate for extra duty. The rate charged by the Township of Robbinsville for quasi-duty performed by officers of the Division of Police or the Chief of Police within the geographical limits of the Township of Robbinsville shall be in accordance with the collective negotiations agreements between the Township and PBA Local 344 and the Township and Robbinsville SOA Local 344, copies of which are on file in the Municipal Clerk's office. The performance of quasi-duty by members of PBA Local 344 shall be done in accordance with the provisions of the PBA Local 344 collective negotiations agreement and the performance of quasi-duty by members of Robbinsville SOA Local 344 shall be done in accordance with the provisions of the Robbinsville SOA Local 344 collective negotiations agreement. The performance of quasi-duty by the Chief of Police shall be done in accordance with the provisions of the Robbinsville SOA Local 344 collective negotiations agreement. The Township reserves the right to outsource, by contract, the administration of the quasi-duty to a third-party vendor, such vendor having the right, pursuant to the contract, to charge a party seeking the performance of quasi-duty services a fee in addition to those fees set forth by the collective negotiations agreements above.

[Amended 3-2-2016 by Ord. No. 2016-3; 4-14-2021 by Ord. No. 2021-9; 10-19-2022 by Ord. No. 2022-41]

S. Police Chaplain.

[Added 10-11-2019 by Ord. No. 2019-41]

(1) Position created. The position of Police Chaplain for the Township of Robbinsville Division of Police is hereby created in accordance with N.J.S.A. 40A:14-141. The position will be a volunteer position. The position of Police Chaplain shall be under the direction of the Director of Public Safety and subject to the control of the Chief of Police.

(2) Qualifications. Any person appointed as Police Chaplain shall be an ordained clergyman in good standing in the religious body from which he or she is selected and qualified in accordance with N.J.S.A. 40A:14-141. The Police Chaplain shall have basic training in the position and shall be a certified police chaplain credentialed in accordance with the rules and regulations of the Township of Robbinsville Division of Police.

(3) Appointment. The Chief of Police may recommend to the Director of Public Safety persons that he or she believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the Township of Robbinsville Division of Police with reference to chaplains. All applicants for the position of Police Chaplain shall be reviewed by the Chief of Police, Senior Police Chaplain and Chaplain liaison, if any, to determine their qualifications in accordance with this section and shall make recommendations to the Director of Public Safety regarding the appointment of Police Chaplains. The Director of Public Safety shall appoint Police Chaplains in accordance with this section, with the advice and consent of the Chief of Police. The number of Police Chaplains shall be at the discretion of the Director of Public Safety and Chief of Police.

(4) Duties. The duties of Police Chaplain shall include, but not be limited to, assisting the Township of Robbinsville Division of Police in death notifications, station house adjustments and any other duties that may be assigned by the Chief of Police.

(5) Rank and salary. Any person appointed as Police Chaplain shall serve in that capacity without rank or salary.

(6) Term of office. A person appointed as Police Chaplain shall serve for a period of one year from the date of appointment and shall continue to serve in that capacity until he or she is either terminated or reappointed with the recommendation of the Chief of Police.

(7) Senior Chaplain. If more than one Police Chaplain is appointed, the Director of Public Safety shall appoint one of the Police Chaplains to be designated as Senior Police Chaplain.

§ 2-47.1 Division of Fire.

[Added 12-5-2006 by Ord. No. 2006-40; amended 11-12-2009 by Ord. No. 2009-29; 12-3-2009 by Ord. No. 2009-34; 7-12-2012 by Ord. No. 2012-12; 9-18-2017 by Ord. No. 2017-22]

A. Division of Fire established; appointed officers.

(1) Within the Department of Public Safety there shall be a Division of Fire. Any and all functions, duties or responsibilities which are assigned to the Director of Public Safety by this Code shall be assigned to the Mayor. The Mayor shall supervise the Division of Fire.

(2) The Division of Fire shall consist of any and all Career Firefighters/Emergency Medical Technicians, Career Emergency Medical Technicians, Fire Official and/or Inspectors, Fire Chaplains, and civilian employees of the Township together with any Volunteer Firefighters operating within the Division of Fire. The personnel of the Career Firefighters/Emergency Medical Technicians, Career Emergency Medical Technicians, Fire Official and/or Inspectors, Fire Chaplains, civilian employees, and such Volunteer Firefighters shall constitute the Division of Fire of the Township.

[Amended 10-11-2019 by Ord. No. 2019-42]

(3) The head of the Division of Fire shall be the Chief of the Division of Fire, who shall be appointed by the Director of Public Safety. The Chief of the Division of Fire shall be the executive officer responsible for all administrative and operational aspects of the Division of Fire, in charge thereof, and shall be responsible to and under the supervision of the Director of Public Safety. The Chief of the Division of Fire, or the Chief's designee, as determined by the Director of Public Safety, shall also perform the duties of Fire Marshal and/or Fire Official as prescribed by any ordinance or law.

(4) The Deputy Chief shall be appointed by the Director of Public Safety. In the absence of a Chief, the Deputy Chief shall be second in authority. The Deputy Chief shall perform the duties of the Chief, in the absence of a Chief, and shall be responsible to and under the supervision of the Director of Public Safety. The Deputy Chief of the Division of Fire shall be the secondary executive officer responsible for all administrative and operational aspects of the Division of Fire. The Deputy Chief shall be equally responsible for the performance of all duties and responsibilities outlined and specified in Subsection C(2)(a), regarding the duties and responsibilities of the Fire Chief/Deputy Chief.

(5) The Battalion Chief shall serve solely on a volunteer basis as Fire Chaplain and shall have only that authority and those duties assigned to him or her pursuant to N.J.S.A. 40A:14-24 and Subsection I.

[Added 10-11-2019 by Ord. No. 2019-42]

B. Functions of Division of Fire. The Division of Fire shall provide protection against loss of life, loss of property by fire or disaster, various rescue services, and emergency medical care. To this end it shall also:

(1) Maintain and operate firehouses and firefighting equipment;

(2) Administer a fire prevention bureau;

(3) Inspect buildings and other fire risks within the Township;

(4) Enforce all general laws, ordinances and fire regulations as authorized or required thereby;

(5) Maintain its equipment and fire department quarters; and

(6) Cooperate with other departments in time of need or emergency.

C. Personnel of the Division of Fire - Career.

(1) Career personnel in the Division of Fire of the Township shall consist of the Fire Chief of the career Fire Department and such number of Deputy Chiefs, Captains, Firefighters, Emergency Medical Technicians, Fire Officials and/or Fire Inspectors, and civilian employees as shall be determined to be needed by the Director of Public Safety. The positions of Fire Chief and Deputy Chief shall be appointed by the Director of Public Safety.

(2) General duties and responsibilities.

(a) Fire Chief/Deputy Chief shall:

[1] Be directly responsible to the Director of Public Safety for the efficiency and routine day-to-day operations of the department pursuant to policies established by the Township;

[2] Exercise general command authority for all aspects of the Division of Fire including all day-to-day management and operations;

[3] Administer and enforce the rules and regulations of the Division of Fire and any special emergency directives for the disposition and discipline of the Division and its members and officers;

[4] Have, exercise, and discharge the functions, powers and duties of the Division of Fire;

[5] Prescribe the duties and assignments of all members and officers;

[6] Delegate such authority as may be deemed necessary for the efficient operation of the Division of Fire to be exercised under the Fire Chief's direction and control;

[7] Report at least monthly to the Director of Public Safety in such form as shall be prescribed on the operation of the Division of Fire during the preceding month and make such other reports as may be requested by the Director of Public Safety;

[8] Establish and maintain the efficient operation of the Division;

[9] Organize, control and maintain all property and resources of the Division;

[10] Develop the written organizational structure of the Division, including chain of command and duty assignments;

[11] Develop and implement policies and procedures necessary to govern and direct the day-to-day operations of the Division;

[12] Provide for the proper training of all Division employees;

[13] Provide for periodic inspections of all fire operations to ensure compliance with Division rules, policies and procedures;

[14] Maintain the overall discipline of the Division;

[15] Maintain a constructive relationship with the public, community organizations, the media and other local agencies;

[16] Prepare and submit the annual budget and proposed expenditure programs to the Director of Public Safety or other designated officials;

[17] Allocate funds within the budget, which are appropriated by the governing body; and

[18] Provide for performance evaluations of all Department employees.

(b) Supervisors shall:

[1] Enforce Division rules and insure compliance with Division policies and procedures;

[2] Exercise proper use of their command within the limits of their authority to assure efficient performance by their subordinates;

[3] Exercise necessary control over their subordinates to accomplish the objectives of the Division;

[4] Guide and train subordinates to gain effectiveness in performing their duties;

[5] Use Division disciplinary procedures when necessary; and

[6] When using discipline, comply strictly with the provisions of the Division disciplinary process.

(c) Firefighters/Emergency Medical Technicians shall:

[1] Take appropriate action to protect life and property;

[2] Exercise authority consistent with the obligations imposed by the oath of office and in conformance with the policies of the Division;

[3] Abide by all rules, regulations, and Division procedures and directives governing Division of Fire employees;

[4] Be accountable and responsible to their supervisors for obeying orders;

[5] Coordinate their efforts with other employees of the Division to achieve Division objectives;

[6] Conduct themselves in accordance with high ethical standards, on and off duty;

[7] Strive to improve their skills and techniques through study and training;

[8] Familiarize themselves with the area of authority and responsibility for the current assignment;

[9] Perform their duties promptly, faithfully, judiciously, and diligently; and

[10] Perform all related work as required.

(d) Emergency Medical Technicians (EMTs) shall:

[1] Take appropriate action to protect life and property;

[2] Exercise authority consistent with the obligations imposed by the oath of office and in conformance with the policies of the Division;

[3] Abide by all rules, regulations, and Division procedures and directives governing Division of Fire employees;

[4] Be accountable and responsible to their supervisors for obeying orders;

[5] Coordinate their efforts with other employees of the Division to achieve Division objectives;

[6] Conduct themselves in accordance with high ethical standards, on and off duty;

[7] Strive to improve their skills and techniques through study and training;

[8] Familiarize themselves with the area of authority and responsibility for the current assignment;

[9] Perform their duties promptly, faithfully, judiciously, and diligently; and

[10] Perform all related work as required.

(e) Civilian employees shall:

[1] Take appropriate action to perform the duties of their positions promptly, faithfully and diligently;

[2] Exercise authority consistent with the obligations imposed by their position and in conformance with the policies of the Division;

[3] Be accountable and responsible to their supervisors for obeying all lawful orders;

[4] Coordinate their efforts with other employees of the Division to achieve Division objectives;

[5] Conduct themselves in accordance with high ethical standards, on and off duty;

[6] Strive to improve their skills and techniques through study and training;

[7] Familiarize themselves with the area of authority and responsibility for the current assignment;

[8] Abide by all rules, regulations and Division procedures and directives governing civilian employees; and

[9] Perform all related work as required.

D. Career Firefighter; entry level criteria.

(1) Each applicant to Career Firefighter position shall have the following qualifications:

[Amended 2-25-2023 by Ord. No. 2023-11]

(a) Applicant must be a citizen of the United States and resident of the State of New Jersey.

(b) Applicants must be eligible for enrollment in the New Jersey Police and Firemen's Retirement System (PFRS). Applicant's age must not be less than 18 or 35 years old, unless allowable by law. Once an applicant has met the definition of "veteran" for pension purposes, certain periods of military service may be used as an exception to the age requirement. Certain periods of military service may be used on a one-for-one basis to "reduce" one's age for hire. Criteria for this exception are subject to current guidelines specified by the New Jersey Division of Pensions and Benefits. NOTE: Age limitation does not apply to those who are already members of the Police and Fire Retirement System (PFRS) of New Jersey.

(c) Applicant shall possess the following certifications and experience at time of application:

[1] One (1) year experience as a Firefighter (determined by Firefighter 1 certification date).

[2] New Jersey Division of Fire Safety Firefighter 1 certification.

[3] New Jersey or National Registry Emergency Medical Technician (EMT) or Paramedic certification with valid Healthcare Provider CPR.

[4] New Jersey Division of Fire Safety Hazardous Materials Awareness and Operations.

[5] Basic Incident Command System I-200 and/or New Jersey Division of Fire Safety Incident Management Level 1.

(d) Applicant must possess a valid New Jersey Motor Vehicle Commission driver's license at the time of appointment.

(e) Applicant must have a high school diploma or general equivalency diploma and be able to read, write and speak the English language clearly/fluently.

(f) Applicant must be of good moral character; never convicted of any criminal offense involving moral turpitude, an offense involving dishonesty, or a crime of the third degree or above.

(g) Applicant should be medically fit and sound, exhibiting no physical impairment which would render the applicant incapable of performing the duties of a firefighter. Applicant must have normal hearing, be able to distinguish colors accurately and have 20/30 corrected vision.

(h) Applicant must pass the prescribed examinations of written, physical performance, oral board, medical, and psychology.

(2) All applicants shall consent to a background investigation, which may include the following:

(a) FBI record check.

(b) State police record check.

(c) Local police record check.

(d) Education record check.

(e) Credit bureau record check.

(f) Military record check.

(g) Past/current employment record check.

(h) Interviews of family, friends, neighbors, and acquaintances.

(3) Each applicant shall possess a general knowledge of the organization and duties required by the Division of Fire and have the ability to perform the following duties either as an individual or as a group:

(a) Forcible entry. Possess knowledge of the tools and be able to make entry to an occupancy with the proper tool in a reasonable amount of time.

(b) Self-contained breathing apparatus (SCBA). Shall be physically, medically and mentally capable to don self-contained breathing apparatus (SCBA) in a prescribed time and perform firefighting duties with full turnout gear.

(c) First aid. Shall be able to perform Emergency Medical Technician (EMT) duties as prescribed by the Division, with an appropriate level of training, and gain and maintain certification as determined by the Division.

(d) Ropes. Shall have knowledge of the proper care and use of Division rope, equipment, and knots.

(e) Salvage. Shall know proper equipment to utilize and, under proper conditions, to protect personal property.

(f) Hose, nozzles, appliances. Shall have basic understanding of the use, choice, maintenance, testing and repair and perform basic evolutions on the fire ground in advancing hose lines.

(g) Ladders. Shall be able to choose, place, maintain, ascend, and descend the appropriate ladder.

(h) Ventilation. Shall be aware of situations and methods of ventilation used by the Division and perform such functions.

(i) Inspection. Shall possess a common knowledge of hazardous conditions related to various occupancies and perform public presentations.

(j) Rescue. Shall be able to use safe and proper procedures to affect a rescue of a victim in various situations.

(k) Sprinklers. Shall possess a basic knowledge in the types, parts, and use.

(l) Safety. Shall have the utmost concern for safe Division operations on the fire ground, in station, driving, and be able to identify such conditions and remedy.

(m) Fire behavior. Shall have a basic knowledge of fire chemistry, behavior, and dynamics.

(n) Personal conduct. Shall be able to work with others and superior officers, take and perform orders, and function in a team effort.

(4) Notification. The hiring process will consist of notification to all Robbinsville Township employees and volunteers through notices posted in all fire stations, Township buildings. Notification may also be conducted through the Township website, public newspapers, and Township social media pages stating that the Division of Fire is establishing a list for the purpose of hiring entry-level Firefighters/Emergency Medical Technicians. The notification will list qualifications required for the position and application information.

[Amended 2-25-2023 by Ord. No. 2023-11]

(5) Background check.

(a) Each applicant's fingerprints will be taken and submitted to the State of New Jersey and the Federal Bureau of Investigation to determine the possible existence of a criminal record by the applicant.

(b) Waivers will be obtained and checks conducted in the following areas:

[1] Driving record;

[2] Personal credit rating and history;

[3] High school transcripts;

[4] Transcripts of higher education;

[5] Interviews of friends, neighbors, acquaintances, employers (past and present), teachers, clergy, coworkers, law enforcement personnel, and any other person who may know the applicant;

[6] Personal habits, including, but not limited to, social habits and possible substance abuse;

[7] Medical history, including present and past injuries and history of sick days taken during periods of employment; and

[8] Any other area that might affect the applicant's performance as a member of the Division of Fire.

(c) The following areas are set forth to list the reasons for which an applicant might fail this phase of the criteria:

[1] Conviction of a crime;

[2] Conviction of any crime involving arson;

[3] Falsification of any preemployment information;

[4] Applicant does not possess a valid driver's license or New Jersey driver's license;

[5] Applicant is not a high school graduate or equivalent;

[6] Applicant, in the opinion of the Fire Chief and/or Deputy Chief, is not of a high moral character based on the results of interviews and investigations; and

[7] Failure of drug/alcohol screening.

[Amended 2-25-2023 by Ord. No. 2023-11]

(6) Testing procedures.

[Amended 2-25-2023 by Ord. No. 2023-11]

(a) All applicants for the position of Career Firefighter/Emergency Medical Technician will be administered the following examinations, which will be assigned a percentage of the total score. A nonrefundable fee not to exceed $40 per applicant may be charged at the time of application to cover the expense related to the testing procedure:

[1] Written examination (35%). A written examination will be administered by the Division of Fire consisting of multiple choice questions which will minimally evaluate reading ability, mathematical reasoning, map reading, writing ability, human relations, and reasoning skills as they pertain to fire department operations. The test will be secured at all times and administered by the Fire Chief, Deputy Chief, or officer designated. A minimum score of 70% must be attained in order to qualify for the remainder of the testing process. Additionally, the process will be limited to the top 40 scoring candidates (additional candidates will be added in the case of tie scores) who minimally achieve a written examination score of 70%. To qualify for the remainder of the testing process, candidates must be within the top 40 applicants with a minimum score of 70%. Grading of the written examination may be conducted by Division of Fire personnel or by the examination provider. No explanation of answers deemed to be incorrect shall be provided.

[2] Physical performance examination (35%). The applicant, given the proper equipment, will complete a prescribed obstacle course while being timed. The physical performance examination will measure the degree of physical fitness, with emphasis placed on physical strength, endurance, and speed. The obstacle course shall consist of a single, continuous, nonstop series of physical activities. The final score will be determined by total elapsed time taken to complete the obstacle course within a set period of time. To qualify for the remainder of the testing process, candidates must complete the physical performance examination within a set period of time. Failure to complete the physical performance examination within the prescribed time limit will result in the applicant being deemed ineligible to complete the testing process.

[3] Oral board (30%).

[a] Each candidate will be required to appear before an oral board. The board will minimally consist of the Fire Chief or Deputy Chief, and three (3) Fire Captains. The Township Business Administrator or the Mayor (and/or) designees may also sit on the oral board. The oral board cannot be held without the presence of one Chief Officer, that being the Fire Chief or Deputy Chief.

[b] The oral board will ask each candidate the same questions formulated by the board members. The board will prepare a series of questions to be posed to each applicant. The board members will be permitted to ask questions concerning the fire service and problems and qualities that may be encountered by or desired in fire service personnel. Personal background or questions related to experience may also be asked.

[c] Each applicant will be scored by each member of the board in numerical format. The numerical format will be assigned a percentage. There will be no failing score for the oral portion of the testing procedure.

(7) Ranking of applicants.

[Amended 2-25-2023 by Ord. No. 2023-11]

(a) After completion of all phases of the testing set forth in Subsection D(6)(a), each applicant will be ranked according to their compiled score. The final ranking will be completed by tallying scores obtained during the written examination, physical performance examination, driving examination, and oral board. The applicants will be ranked numerically.

(b) Following completion of a successful background check as described in Subsection D(5) and final ranking as described in Subsection D(7)(a), a conditional offer of employment will be made to the top candidate(s) for any open/vacant Firefighter/Emergency Medical Technician positions within the Division of Fire. Individuals who receive a conditional offer of employment will be sent for a medical/physical examination, which will include a drug/alcohol screen and a psychological examination. The conditional offer of employment will be withdrawn if the individual fails the medical/physical examination, tests positive for alcohol or drugs, or fails the psychological examination.

[1] In the event that the individual fails the examinations, the Township may make a conditional offer of employment to the next candidate from the list, who will be required to pass the examinations. This procedure will be repeated until a qualified candidate is obtained or the last ranking applicant has been sent.

[2] Candidates may be permitted to defer an offer of employment and remain on the current hiring list for future consideration. A candidate may defer on one (1) occasion. Any candidate who fails to accept an offer of employment after deferring once will be permanently removed from any/all hiring lists.

(c) The list will be in effect for three (3) years from the date of completion of the testing procedure. The list may be extended for one (1) additional year if the Township Administrator deems it in the best interest of the Township. No list shall be valid for more than four (4) years. Applicants will be hired from this list based on their final ranking and successful completion of all examinations set forth in Subsection D(7)(b).

E. Career Emergency Medical Technician (EMT); entry level criteria.

(1) Each applicant to Career Emergency Medical Technician (EMT) position shall have the following qualifications:

(a) Applicant must be 18 years of age, a citizen of the United States, and resident of the State of New Jersey.

(b) Applicants must be eligible for enrollment in the New Jersey Public Employees Retirement System (PERS).

(c) Applicant shall possess the following certifications and experience:

[1] Two years as an Emergency Medical Technician (EMT) in a 9-1-1 system (nontransport).

[2] Applicants are required to possess a current and valid Emergency Medical Technician (EMT) certification issued by the New Jersey Department of Health with a valid CPR certification.

[3] Hazardous materials awareness.

[4] Basic Incident Command System I-200 and/or Incident Management Level 1.

(d) Applicant must possess a valid New Jersey Motor Vehicle Commission driver's license at the time of appointment.

(e) Applicant must have a high school diploma or general equivalency diploma and be able to read, write and speak the English language well and intelligently.

(f) Applicant must be of good moral character; never convicted of any criminal offense involving moral turpitude, an offense involving dishonesty, or a crime of the third degree or above.

(g) Applicant should be medically fit and sound, exhibiting no physical impairment which would render the applicant incapable of performing the duties of an Emergency Medical Technician (EMT). Applicant must have normal hearing, be able to distinguish colors accurately and have 20/30 corrected vision.

(h) Applicant must pass the prescribed examinations of skills, physical ability, oral, medical, and psychology.

(2) All applicants shall consent to a background investigation, which may include the following:

(a) FBI record check.

(b) State police record check.

(c) Local police record check.

(d) Education record check.

(e) Credit bureau record check.

(f) Military record check.

(g) Past/current employment record check.

(h) Interviews of family, friends, neighbors, and acquaintances.

(3) Each applicant shall possess a general knowledge of the organization and duties required by the Division of Fire and have the ability to perform and/or possess the knowledge of the following duties either as an individual or as a group:

(a) Knowledge of principles of emergency medical and first aid treatment.

(b) Knowledge of the techniques used to administer pulmonary and cardiac resuscitation.

(c) Knowledge of the techniques used to administer oxygen.

(d) Knowledge of appropriate emergency treatment depending on the patient's condition.

(e) Ability to remain calm in an emergency situation.

(f) Ability to establish rapport with the patient.

(g) Ability to drive an ambulance with caution.

(h) Ability to work harmoniously with others.

(i) Ability to determine the nature and extent of injury and provide emergency medical treatment.

(j) Ability to administer first aid, CPR and other emergency medical care.

(k) Ability to prioritize emergency medical treatment needs.

(l) Ability to learn to utilize various types of electronic and/or manual recording and information systems used by the agency, office, or related units.

(m) Ability to read, write, speak, understand, or communicate in English sufficiently to perform the duties of the position.

(n) Safety. Shall have the utmost concern for safe Division operations on incident scenes, in station, driving, and be able to identify such conditions and remedy.

(o) Personal conduct. Shall be able to work with others and superior officers, take and perform orders, and function in a team effort.

(4) Notification. The hiring process will begin by a notification to all Robbinsville Township employees and volunteers through notices posted in all fire stations, Township buildings, and notification in the public newspapers stating that the Division of Fire is establishing a list for the purpose of hiring entry-level Emergency Medical Technicians (EMTs). The notification will list qualifications required for the position and application information.

(5) Background check.

(a) Each applicant's fingerprints will be taken and submitted to the State of New Jersey and the Federal Bureau of Investigation to determine the possible existence of a criminal record by the applicant.

(b) Waivers will be obtained and checks conducted in the following areas:

[1] Driving record;

[2] Personal credit rating and history;

[3] High school transcripts;

[4] Transcripts of higher education;

[5] Interviews of friends, neighbors, acquaintances, employers (past and present), teachers, clergy, coworkers, law enforcement personnel, and any other person who may know the applicant;

[6] Personal habits, including, but not limited to, social habits and possible substance abuse;

[7] Medical history, including present and past injuries and history of sick days taken during periods of employment; and

[8] Any other area that might affect the applicant's performance as a member of the Division of Fire.

(c) The following areas are set forth to list the reasons for which an applicant might fail this phase of the criteria:

[1] Conviction of a crime;

[2] Conviction of any crime involving arson or abuse;

[3] Falsification of any preemployment information;

[4] Applicant does not possess a valid New Jersey driver's license;

[5] Applicant is not a high school graduate or equivalent;

[6] Applicant, in the opinion of the Fire Chief and/or Deputy Chief, is not of a high moral character based on the results of interviews and investigations; and

[7] Failure of drug screen.

(6) Testing procedures.

(a) All applicants for the position of Career Emergency Medical Technician (EMT) will be administered the following examinations, which will be assigned a percentage of the total score. A nonrefundable fee not to exceed $30 per applicant may be charged at the time of application to cover the expense related to the testing procedure:

[1] Skills scenario examination (40%). A skills scenario examination will be administered by the Division of Fire consisting of skills evaluations to assess basic emergency medical knowledge and abilities. The evaluation will be overseen by the Fire Chief, Deputy Chief, or officer designated. A minimum evaluation score of 70% must be attained in order to qualify for the remainder of the testing process. Additionally, the process will be limited to the top 50 scoring candidates (additional candidates will be added in the case of tie scores) who minimally achieve a skills scenario examination score of 70%. To qualify for the remainder of the testing process, candidates must be within the top 50 applicants with a minimum score of 70%. Grading of the skills scenario examination will be conducted by Division of Fire personnel. No explanation of answers deemed to be incorrect shall be provided.

[2] Physical ability examination (40%). The applicant, given the proper equipment, will complete a prescribed obstacle course while being timed. The physical performance examination will measure the degree of physical fitness, with emphasis placed on physical strength, endurance, and lifting abilities required of an Emergency Medical Technician. The obstacle course shall consist of a single, continuous, nonstop series of physical activities. The final score will be determined by total elapsed time taken to complete the obstacle course within a set period of time. To qualify for the remainder of the testing process, candidates must complete the physical performance examination within the prescribed allowable time. Failure to complete the physical ability examination within the prescribed time limit will result in the applicant being deemed ineligible to complete the testing process.

[3] Oral board (20%).

[a] Each candidate will be required to appear before an oral board. The board will consist of the Fire Chief or Deputy Chief, two Fire Captains, and the Township Business Administrator or the Mayor (and/or) designees. The oral board cannot be held without the presence of one Chief Officer, that being the Fire Chief or Deputy Chief.

[b] The oral board will ask each candidate the same questions formulated by the board members. The board will prepare a series of questions to be posed to each applicant. The board members will be permitted to ask questions concerning emergency/medical service and problems and qualities that may be encountered by or desired in emergency service personnel. Personal background or questions related to experience may also be asked.

[c] Each applicant will be scored by each member of the board in numerical format. The numerical format will be assigned a percentage. There will be no failing score for the oral portion of the testing procedure.

(7) Ranking of applicants.

(a) After completion of all phases of the testing set forth in Subsection E(6)(a), each applicant will be ranked according to their compiled score. The final ranking will be completed by tallying scores obtained during the skills scenario examination, physical ability examination, and oral board. The applicants will be ranked numerically.

(b) Following completion of a successful background check as described in Subsection E(5) and final ranking as described in Subsection E(7)(a), a conditional offer of employment will be made to the top candidate(s). Individuals who receive a conditional offer of employment will be sent for a medical/physical examination, which will include a drug/alcohol screen and a psychological examination. The conditional offer of employment will be withdrawn if the individual fails the medical/physical examination, tests positive for alcohol or drugs, or fails the psychological examination.

[1] In the event that the individual fails the examinations, the Township may make a conditional offer of employment to the next candidate from the list, who will be required to pass the examinations. This procedure will be repeated until a qualified candidate is obtained or the last ranking applicant has been sent.

[2] Candidates may be permitted to defer an offer of employment and remain on the current hiring list for future consideration. A candidate may defer on one occasion. Any candidate who fails to accept an offer of employment after deferring once will be permanently removed from any/all hiring lists.

(c) The list will be in effect for three years from the date of completion of the testing procedure. The list may be extended for one additional year if the Township Administrator deems it in the best interest of the Township. No list shall be valid for more than four years. Applicants will be hired from this list based on their final ranking and successful completion of all examinations set forth in Subsection E(7)(b).

(d) Due to staffing considerations there may be required a certain number of per-diem Emergency Medical Technicians (EMTs). Per-diem employees will be selected from the current hiring list based on ranking. Per-diem employees who continue to meet all necessary requirements as stated and meet all performance expectations while employed as a per-diem will be given priority consideration when/if appropriate during the selection of full-time Emergency Medical Technicians (EMTs). Current per-diem Emergency Medical Technicians (EMTs) who continue to meet all necessary requirements and performance expectations will be placed at the top of any new/subsequent hiring list in order of their current list ranking.

F. Career Firefighter; promotion procedures.

(1) Notice of promotional opportunity.

(a) Notice in writing shall be provided to the Union of any proposed promotional opportunity and such notice shall also be posted so as to advise all bargaining unit employees of the proposed promotion. Such notice shall include, but not be limited to, the following items:

[1] The title of the position that is open.

[2] The date that the promotion appointment is to be anticipated.

[3] The educational, experiential and other substantive criteria that the employer intends to utilize in determining qualifications for such promotion.

[4] The general weight the employer will attribute to each substantive criteria to be utilized.

[5] The name of any courses, study guides, bibliographies, etc., that are required for such promotional consideration.

[6] The duration of the promotional list, up to a maximum of two years.

(b) Any notice of a promotional opportunity shall be made sufficiently in advance of the promotional appointment so as to enable equal opportunity by all employees to meet the specified substantive criteria where such criteria requires completion of course work, study guides or submission documents. In no event shall such notice be less than 30 days prior to any such appointment being made.

(2) Criteria for promotion to Captain.

[Amended 2-25-2023 by Ord. No. 2023-11]

(a) Candidates must have three (3) years' service credit employed by the Robbinsville Township Division of Fire as a Firefighter by the examination closing date. The examination closing date will be indicated in the notice of examination, which shall be made available to all division personnel.

(b) Candidates must have completed all necessary Acting Captain training as determined by the Fire Chief and be an approved Acting Captain within the Robbinsville Township Division of Fire by the examination closing date. The examination closing date will be indicated in the notice of examination, which shall be made available to all division personnel.

(c) Candidates must possess a valid New Jersey Fire Instructor Level 1 certification by the examination closing date. The examination closing date will be indicated in the notice of examination, which shall be made available to all division personnel.

(d) The Township will conduct a two-phase examination process including a standardized written examination provided by an outside agency and an oral board examination consisting of fire service leaders obtained from outside agencies. The examination provider shall be determined by the Township and Fire Chief.

(e) The passing grade for the phase one written exam shall be 70%. Candidates who achieve a phase one written exam passing grade shall advance to the phase two oral board examination.

(f) The oral board subject areas shall be based on scenarios determined by the Fire Chief and the oral board members. General knowledge related to the fire service, the Incident Command System, a working knowledge of department systems, equipment, practices, guidelines, procedures and local geography may be evaluated. Candidates may also be interviewed on operations, safety, and fundamental leadership issues/techniques/abilities. Additionally, knowledge related to administrative tasks may also be similarly evaluated as they relate to the position.

(g) Responses to the scenarios shall be graded by each oral board member and averaged to determine the final oral board grade. There shall be no minimum passing grade for the oral board examination.

(h) The phase one written exam grade and the phase two oral board examination grade shall be averaged together to form the final grade. Candidates must achieve a cumulative final grade of 70% to be ranked. Those who rank below this benchmark shall not be ranked.

(i) A promotional list, ranked in order of highest grade, will be created based on all candidates who achieve a final cumulative passing grade.

(j) The promotional list will expire three (3) years after the list is created/certified.

(k) The Township reserves the right to promote any one (1) of the top three (3) candidates on the promotional list. The candidate shall be chosen by the Fire Chief and two (2) Township designees. The decision of whom to recommend for promotion shall be unanimous.

(l) With regard to the right to promote one (1) of the top three (3) candidates, the Township may evaluate/consider the eligible candidates on their fitness and ability, based on information set forth in the personnel files of each candidate. The information reviewed shall consist of the following:

[1] Performance Appraisals;

[2] Commendations;

[3] Disciplinary Record;

[4] Attendance Record;

[5] Leadership Ability;

[6] Judgment;

[7] Performance;

[8] Community Relations Abilities;

[9] Appearance; and

[10] Teamwork Abilities.

(m) With regard to the right to promote one (1) of the top three (3) candidates, the Township may additionally evaluate/consider the eligible candidates' training and education. Examples of certain disciplines of education, training, certifications and/or specialized training that may be evaluated and/or considered for the position of Fire Captain include but are not limited to:

[1] Completion or ongoing coursework in Fire Science, Public Administration or a related field from an accredited college or university;

[2] Human Resource Management;

[3] Fire Officer 1;

[4] Firefighter 2;

[5] IMS I-300/Level 2 with IS-700 and IS-800;

[6] Drill Ground Instructor;

[7] Fire Instructor Level 2;

[8] Fire Service Construction Principles (Building Construction);

[9] Fire Detection and Suppression Systems;

[10] Fire Inspector and/or Fire Official;

[11] Confined Space Awareness and Operations;

[12] Rope Rescue Level 1;

[13] Vehicle Rescue Technician;

[14] RIT Operations;

[15] Firefighter/Fire Ground Survival;

[16] Water Rescue Awareness;

[17] Water Rescue Operations;

[18] Ice Rescue Awareness and Operations;

[19] Heavy Lifting and Moving; and

[20] Industrial Entrapment and Impalement Emergencies (Man vs. Machine).

(n) The number one (1) candidate on the list will immediately become acting officer on any group whenever there is a vacancy created by long-term leave, i.e., Long-Term Sick leave, Disability, Workman's Compensation leave, Leave of Absence or Military Leave, greater than three (3) consecutive tours.

(3) Duration of candidates.

[Amended 2-25-2023 by Ord. No. 2023-11]

(a) The list will be in force for three (3) years from the date it is certified. A new list shall be prepared and certified within sixty (60) days of the expiration of the promotional list or when the existing certified list is exhausted.

(4) Miscellaneous.

(a) Violation of any Division of Fire rules and regulations, departmental policy and procedure or violation of any state or federal statute occurring after the promotional list is certified may result in the candidate being removed from the promotional list or having his or her position lowered on the list.

(b) Any changes in the status of a candidate on this list will be at the ultimate discretion of the Director of Public Safety and the Fire Chief.

[Amended 2-25-2023 by Ord. No. 2023-11]

(5) All promotional lists established by this section shall be posted in a time and manner prescribed by appropriate collective negotiation agreements.

[Amended 2-25-2023 by Ord. No. 2023-11]

G. Fire Official/Inspector.

(1) Criteria for the position of Fire Official/Inspector.

(a) The position of Fire Official/Inspector shall first be offered to current Division of Fire staff wishing to transfer to the position of Fire Official/Inspector. The applicant must have a minimum of three years' service with the Division of Fire as a Firefighter and possess a valid certification as a New Jersey Uniform Fire Code Official. Additional licenses/certifications, such as Fire Subcode Official and Fire Investigation are not required, but will be considered during the hiring phase.

(b) The position of Fire Official/Inspector shall be posted internally for a period of 10 days. All internal qualified applicants must state their intent to the Fire Chief and/or Deputy Chief in writing and will be provided an interview. No ranked list will be established with this process. The interview will include the Fire Chief and/or Deputy Chief, two Fire Captains, and the Township Business Administrator or the Mayor (and/or) designees. Candidates shall be interviewed as to their knowledge of Robbinsville Township, the Division of Fire, fire prevention, and fire code related matters. Education and training will also be measured and considered during this phase. The final disposition of candidates shall be determined by the interview board.

(c) The interview/oral board will also review all recommended applicants with consideration given to the following criteria:

[1] Job performance;

[2] Personnel file review;

[3] Attendance;

[4] Seniority;

[5] Education and training;

[6] Leadership ability;

[7] Judgment abilities;

[8] Disciplinary record;

[9] Community relations abilities; and

[10] Appearance.

(d) The duties of the Fire Official/Inspector shall be:

[1] Under direction administers and directs the enforcement of provisions of relevant fire safety codes and related regulations.

[2] Establishes day-to-day operating routines of the code enforcement agency and performs all tasks associated with the operation of said agency.

[3] Inspects or directs the inspection of various structures and premises for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with fire operations, endanger life, or for any violations of the provisions or intent of the New Jersey Uniform Fire Code or any other law, rules, or regulations affecting firesafety.

[4] Investigates or causes to be investigated every reported fire or explosion occurring within the jurisdiction that involves loss of life or injury or causes destruction or damage to property.

[5] If it appears that such an occurrence is of suspicious nature, takes charge immediately of physical evidence, and to preserve any physical evidence relating to the cause or origin of such fire or explosion, takes the steps necessary to prevent access by any person or persons to such building, structure, or premises until such persons designated by law to pursue investigations into such matters become involved, and cooperates with such authorities in the collection of evidence and prosecution of the case.

[6] Keeps a record of all reported fires in life hazard use structures and all facts concerning same including investigation findings and information as to the cause, origin, and extent of such fires and the deaths, injuries, and damage caused thereby.

[7] Directs public information and education programs designed to improve firesafety measures in the home, office buildings, industrial and commercial structures, and other locations.

[8] Performs firefighting duties as directed.

(e) The Fire Official/Inspector must possess and maintain all certifications as are minimally required for the position of Firefighter in addition to requirements for the position of Fire Official/Inspector. An existing Captain may be considered for the position in certain situations. The Fire Official/Inspector will remain eligible for the promotional process for the position of Captain, pending all criteria are met for eligibility, and maintain departmental seniority. The Fire Official/Inspector will remain enrolled in the New Jersey State Police and Firemen's Retirement System (PFRS).

(f) The Fire Chief and/or Deputy Chief will forward to the Director of Public Safety the information regarding the chosen applicant for review.

H. Personnel of the Division of Fire - Volunteer.

(1) For the purpose of efficient firefighting response, there shall be accepted within the Division of Fire volunteer personnel overseen by the Fire Chief and/or Deputy Chief.

(2) The Division of Fire shall accept volunteer personnel to assist with firefighting operations within the Division. Such volunteers shall be subject to an application process including an interview conducted by the Fire Chief/Deputy Chief, a background investigation, a medical physical examination, and a physical performance evaluation. The background investigation and medical physical examination shall be the same as conducted for career personnel.

(3) All volunteer applicants must be 18 years of age, a citizen of the United States, and a resident of Robbinsville Township at the time of application. Proof of residency shall be required during the application process. Volunteer personnel are required to maintain Robbinsville Township residency for a period of 12 months after acceptance as a Division of Fire volunteer. Volunteer personnel who fail to maintain such residency will be removed from the Division of Fire.

(4) Background check.

(a) Each applicant's fingerprints will be taken and submitted to the State of New Jersey and the Federal Bureau of Investigation to determine the possible existence of a criminal record by the applicant.

(b) Waivers will be obtained and checks may be conducted in the following areas:

[1] Driving record (if applicable);

[2] Personal credit rating and history;

[3] High school transcripts;

[4] Transcripts of higher education;

[5] Interviews of friends, neighbors, acquaintances, employers (past and present), teachers, clergy, coworkers, law enforcement personnel, and any other person who may know the applicant;

[6] Personal habits, including, but not limited to, social habits and possible substance abuse;

[7] Medical history, including present and past injuries; and

[8] Any other area that might affect the applicant's performance as a member of the Division of Fire.

(5) All applicants shall consent to a background investigation, which may include the following:

(a) FBI record check.

(b) State police record check.

(c) Local police record check.

(d) Education record check.

(e) Credit bureau record check.

(f) Military record check.

(g) Past/current employment record check.

(h) Interviews of family, friends, neighbors, and acquaintances.

(6) Applicant must be of good moral character; never convicted of any criminal offense involving moral turpitude, an offense involving dishonesty, or a crime of the third degree or above.

(a) The following areas are set forth to list the reasons for which an applicant might fail this phase of the criteria:

[1] Conviction of a crime;

[2] Conviction of any crime involving arson;

[3] Falsification of any application information;

[4] Applicant, in the opinion of the Fire Chief and/or Deputy Chief, is not of a high moral character based on the results of interviews and investigations; and

[5] Failure of drug screen.

(7) Applicant should be medically fit and sound, exhibiting no physical impairment which would render the applicant incapable of performing the duties of a Firefighter. Applicants will be required to perform and successfully complete a physical performance evaluation organized by the Division of Fire to evaluate basic physical fitness. Applicant must have normal hearing, be able to distinguish colors accurately and have 20/30 corrected vision.

(a) The volunteer applicant, given the proper equipment, will complete a prescribed obstacle course while being timed. The physical performance evaluation will measure the degree of physical fitness, with emphasis placed on physical strength, endurance, and speed. The obstacle course shall consist of a single, continuous, nonstop series of physical activities. Volunteer applicants must complete the physical performance evaluation within a set period of time. Failure to complete the physical performance evaluation within the prescribed time limit will result in the applicant being deemed ineligible.

(8) Prospective volunteer personnel are not required to possess any specific fire-related training upon application. Training will be provided by the Division of Fire and/or applicable training academy upon successful completion of the application process which includes an interview, a background check, a medical physical examination, and a physical performance evaluation.

(9) Volunteer personnel accepted within the Division of Fire shall consist of:

(a) Active probationary members: personnel who are 18 years of age or older, have less than one year of service within the department, and/or do not possess a New Jersey State Firefighter 1 certification;

(b) Active firefighter: personnel who are 18 years of age or older, have served minimally one year of service within the department, and possess a valid New Jersey State Firefighter 1 certification;

(c) Life member: a legacy member of the former Washington Volunteer Firemen, Inc., who, at the time of consolidation, achieved such membership and had served minimally 15 years as an active firefighter. Life members will continue to be recognized personnel within the Division of Fire. Life members are not regarded as active firefighters but may continue to participate within the Division of Fire. No additional life members will be accepted within the Division of Fire under the current organizational structure; and

(d) Inactive member: a legacy member of the former Washington Volunteer Firemen, Inc., who, at the time of consolidation, participated in nonactive firefighting activities of the organization. Inactive members of the organization who were in existence at the time of consolidation may continue their service within the Division of Fire. No additional inactive members will be accepted within the Division of Fire under the current organizational structure.

(10) Volunteer firefighters shall serve under the supervision of the Fire Chief and/or Deputy Chief and shall be responsible for compliance with all laws, ordinances, rules, guidelines, and regulations related to the Division of Fire.

I. Fire Chaplain.

[Added 10-11-2019 by Ord. No. 2019-42]

(1) Position created. The position of Fire Chaplain for the Township of Robbinsville Division of Fire is hereby created in accordance with N.J.S.A. 40A:14-24. The position will be a volunteer position. The position of Fire Chaplain shall be under the direction of the Director of Public Safety and subject to the control of the Chief of the Division of Fire.

(2) Qualifications. Any person appointed as Fire Chaplain shall be an ordained clergyman in good standing in the religious body from which he or she is selected and qualified in accordance with N.J.S.A. 40A:14-24. The Fire Chaplain shall have basic training in the position and shall be a certified fire chaplain credentialed in accordance with the rules and regulations of the Township of Robbinsville Division of Fire.

(3) Appointment. The Chief of the Division of Fire may recommend to the Director of Public Safety persons that he or she believes meet the qualifications of N.J.S.A. 40A:14-24 as well as the rules and regulations of the Township of Robbinsville Division of Fire with reference to chaplains. All applicants for the position of Fire Chaplain shall be reviewed by the Chief of the Division of Fire, Senior Fire Chaplain and Chaplain liaison, if any, to determine their qualifications in accordance with this section and shall make recommendations to the Director of Public Safety regarding the appointment of Fire Chaplains. The Director of Public Safety shall appoint Fire Chaplains in accordance with this section, with the advice and consent of the Chief of the Division of Fire. The number of Fire Chaplains shall be at the discretion of the Director of Public Safety and Chief of the Division of Fire.

(4) Duties. The duties of Fire Chaplain shall include, but not be limited to, assisting the Township of Robbinsville Division of Fire in death notifications, station house adjustments and any other duties that may be assigned by the Chief of the Division of Fire.

(5) Rank and salary. Any person appointed as Fire Chaplain prior to August 28, 2023, (the effective date of P.L. 2023, c. 151) shall serve in that capacity with the rank of Battalion Chief as required by N.J.S.A. 40A:14-24, but without salary. Any person initially appointed as Fire Chaplain after August 28, 2023, (the effective date of P.L. 2023, c. 151) shall serve in that capacity without rank and salary.

[Amended 10-12-2023 by Ord. No. 2023-45]

(6) Term of office. A person appointed as Fire Chaplain shall serve for a period of one year from the date of appointment and shall continue to serve in that capacity until he or she is either terminated or reappointed with the recommendation of the Chief of the Division of Fire.

(7) Senior Chaplain. If more than one Fire Chaplain is appointed, the Director of Public Safety shall appoint one of the Fire Chaplains to be designated as Senior Fire Chaplain.

§ 2-47.2 Emergency Medical Services.

[Added 12-5-2006 by Ord. No. 2006-40; amended 3-18-2008 by Ord. No. 2008-11; 1-22-2009 by Ord. No. 2009-5; 9-18-2017 by Ord. No. 2017-22]

A. Emergency Medical Services.

(1) Robbinsville Township Emergency Medical Services shall operate under the purview of the Division of Fire and the Chief/Deputy Chief of the Division of Fire. Any and all functions, duties, and responsibilities which are assigned to the Director of Public Safety by this code shall be assigned to the Mayor. The Mayor shall supervise the Division of Fire and all functions of Emergency Medical Services. The objective of Emergency Medical Services is to provide for the protection/preservation of life by providing emergent lifesaving response and medical care.

(2) Third-party billing.

(a) The Township of Robbinsville, in order to support the Emergency Medical Services, shall bill for ambulance and transportation services. The rates of such services shall currently be set as follows:

[1] A fee of $750, plus $15 per laden mile calculated one way; $25 for a disposable cervical collar; $75 for oxygen administration; $100 for automatic external defibrillator pads (AED), and $75 for each additional device utilized shall be charged to all persons receiving emergency medical services or ambulance transport services.

[2] A fee for emergency medical rescue services, as described herein, shall be billed as follows:

[a] Light rescue. Batteries, fluid, stabilization, opening or removing doors to provide access. This entails operations such as stabilization, use of hand tools, hazard control, and other scene-related light rescue operations: $500.

[b] Heavy rescue. This entails operations that include any technical rescue procedures, including without limitation water and ice rescue, rope rescue, confined space rescue, high-angle rescue, trench rescue or structural collapse rescue. This also includes motor vehicle rescue that requires that use of power tools and/or hydraulic tools to perform operations such as partial or full roof removal, front/dash displacement, third door access and separating vehicles from one another: $1,000.

[c] These charges shall be billed to the insurance company of the resident or party receiving assistance. The rates set herein shall be reviewed annually by the Director of Public Safety, Township Administrator, Chief of Police, and the Chief of the Division of Fire of the Township of Robbinsville. The Director of Public Safety in consultation with the Administrator may thereafter recommend to the Township Council that the rate schedule be altered by resolution of the Township Council to reflect the appropriate increase or decrease, as the case may be. The Director of Public Safety may grant relief from these billings on a case-by-case basis based on hardship.

§ 2-48 Division of Emergency Management.

A. It is the intent and purpose of this section to establish an Emergency Management Council that will ensure the complete and efficient utilization of all of the Township's facilities to combat disaster resulting from major emergencies, natural, man-made or nuclear disasters, or enemy attack.

B. The Robbinsville Township Emergency Management Council shall be the coordinating agency for all activity in connection with emergency management. It shall be the instrument through which the Mayor may exercise the authority and discharge the responsibilities vested in him in the New Jersey Civil Defense Act of 1942 (P.L. 1942, as amended and supplemented) and this chapter.

C. This chapter will not relieve any Township department of the responsibilities of authority given to it in this Administrative Code or by local ordinances, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.

D. Definitions. As used in this section, the following terms shall have the meanings indicated:

COORDINATOR

The Coordinator of the Township of Robbinsville Office of Emergency Management appointed as prescribed in this chapter.

DEPUTY COORDINATOR

The person or persons appointed by the Public Safety Director to directly assist the Emergency Management Coordinator in the performance of his/her duties.

DISASTER

An unusual incident resulting from natural or unnatural causes which endangers the health, safety or resources of the residents of this Township and which is or may become too large in scope or unusual in type to be handled in its entirety by regular Township operating services.

EMERGENCY

Includes "disaster" and "war emergency" as defined in this section.

EMERGENCY MANAGEMENT FORCES

The employees, equipment and Township facilities of all departments and commissions and, in addition, it shall include all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons or agencies.

EMERGENCY MANAGEMENT VOLUNTEER

Any person duly registered, identified and appointed by the Coordinator of the Office of Emergency Management and assigned to participate in the emergency management activity.

LOCAL DISASTER EMERGENCY

Includes any disaster or the imminence thereof, resulting from natural or man-made causes, other than enemy attack, and limited to the extent that action by the Governor under the New Jersey Emergency Management Disaster Control Act is not required.

REGULATIONS

Includes plans, programs, and other emergency procedures deemed essential to civil defense.

VOLUNTEER

Contributing a service, equipment or facilities to the emergency management organization without remuneration.

WAR EMERGENCY

Includes any disaster occurring anywhere within the Township as the result of enemy attack or the imminent danger thereof.

E. Organization and appointments.

(1) The Public Safety Director shall appoint not more than 15 members to an Emergency Management Council. Members shall hold office at the will and pleasure of the Public Safety Director. The Emergency Management Coordinator shall be a member and shall serve as Chair of the Emergency Management Council. The Emergency Management Council shall assist the Township in establishing the various types of local volunteer support needed to meet the requirements of all emergency management and disaster control activities in accordance with rules and regulations established by the Governor in pursuance of the provisions of P.L. 1942, c. 251, as amended (N.J.S.A. A:9-41 et seq.), and this chapter.

(2) The Public Safety Director shall appoint an Emergency Management Coordinator who shall be a person well-versed and trained in planning operations involving the activities of many different departments, agencies, boards and commissions, public, private and volunteer, which will operate to protect the public health, safety and welfare in the event of danger from emergencies as defined in this chapter.

(3) The Coordinator is hereby authorized and directed to create an organization for emergency management, utilizing to the fullest extent the existing departments, agencies, boards and commissions, both public and private, within the Township. The Coordinator, as executive head of the Township of Robbinsville Emergency Management Council, shall be responsible for its organization, administration and operations.

(4) The organization shall consist of the following:

(a) A Division of Emergency Management. The Public Safety Director shall appoint an executive head of the Office of Emergency Management, who shall be known as the Coordinator of the Office of Emergency Management, and such assistants and other employees as are deemed necessary for the proper functioning of the organization. On some occasions the Coordinator may be referred to as the Director, Office of Emergency Management.

(b) The employees, equipment and facilities of all Township departments, agencies, boards and commissions, both public and private, shall participate in emergency management activity when requested.

(c) Volunteer persons, departments and agencies offering service to and accepted by the Township.

(5) The Coordinator shall designate and appoint, with the approval of the Mayor, a Deputy Coordinator(s) to assume the emergency duties of the Coordinator in the event of his/her absence or inability to act, the intent being that there shall always be a coordinator in charge of emergency management operations.

F. Emergency powers and duties.

(1) Emergency Management Coordinator. The Coordinator of the Division of Emergency Management shall be responsible to the Public Safety Director in regard to all phases of the emergency management activity. Under the supervision of the Public Safety Director, he/she shall be responsible for the planning, activation, coordination and operation of the emergency management activity in the Township. Under the supervision of the Public Safety Director, he/she shall maintain liaison with the county, state and federal authorities and the authorities of other nearby political subdivisions as to ensure the most efficient operation of the emergency management plan. His duties shall include, but not be limited to, the following:

(a) Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Township for emergency purposes. The Coordinator may require emergency services of any Township officer or employee. If regular forces are deemed to be inadequate, the Coordinator may require the services of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law and ordinances for regular Township employees and other registered and identified emergency management workers.

(b) In the event of an emergency, the Coordinator may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people and bind the Township for the fair value thereof.

(c) In the event of any emergency, the Coordinator may negotiate and conclude agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for emergency management purposes.

(d) The Coordinator will cause to be prepared the basic plan herein referred to as the "Robbinsville Township Management Basic Plan."

(e) Development and coordination of plans for the immediate use of all the facilities, equipment, manpower and other resources of the Township for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness the governmental services and public utilities necessary for the public health, safety and welfare.

(f) Through public information programs, educating the civilian population as to actions necessary and required for the protection of persons and their property in case of emergency as defined herein, either impending or present.

(g) Conducting public practice alerts to ensure the efficient operation of the emergency management forces and to familiarize residents with regulations, procedures and operation.

(h) The Coordinator, with the approval of the Mayor, shall order emergency management forces to the aid of other communities when required, only in accordance with the state statutes, and he may request the state, county or other political subdivisions of the state to send aid to the Township of Robbinsville in case of disaster when conditions in the Township are beyond the control of the local emergency management organization and/or resources.

(i) Assuming such authority and conducting such activity as the Township Mayor may direct to promote and execute the emergency management plan.

(j) The Coordinator shall be the Chair of the Emergency Management Council.

(2) The Coordinator may exercise the emergency power and authority necessary to fulfill his general powers and duties as defined in this chapter. The judgment of the Coordinator shall be the sole criteria necessary to invoke emergency powers indicated in this chapter and in appropriate state and federal statutes. Nothing in this chapter shall be construed as abridging the power or restrictions of the Public Safety Director, Mayor or governing body as defined in Township ordinances.

(3) Emergency regulations.

(a) During any period when disaster threatens or when the Township has been struck by disaster, within the definition of this chapter, the Pubic Safety Director may promulgate such regulations as he/she deems necessary to protect life and property and preserve critical resources. The Coordinator shall assist in implementing such regulations, including:

[1] Regulations prohibiting or restricting the movement of vehicles in order to facilitate the mass movement of people from critical areas within or without the Township.

[2] Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster.

[3] Such other regulations necessary to preserve public peace, health and safety.

(b) Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamation published and uttered by newspaper and radio. These regulations will have the force of ordinance when duly filed with the Clerk, and violations will be subject to the penalties set forth in this section.

G. Basic plan.

(1) A comprehensive emergency management basic plan shall be maintained by the Coordinator. In the preparation of this plan as it pertains to the Township organization it is the intent that the services, equipment, facilities and personnel of all existing departments, agencies, boards and commissions, including volunteer fire companies and rescue squads (the departments, agencies and companies hereinafter referred to as "departments"), shall be utilized to the fullest extent to protect the peace, health and safety of citizens. When the plan is approved, it shall be the duty of all municipal departments to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The basic plan shall be considered supplementary to this chapter and have the effect of law whenever a disaster as defined in this chapter has been proclaimed. The plan shall be compatible with county and state plans.

(2) The Coordinator shall prescribe in the basic plan those positions within the disaster organization, in addition to his own, for which lines of succession are necessary.

(3) The Coordinator and/or department head assigned responsibility in the basic plan shall be responsible for carrying out all duties and functions assigned therein. Duties shall include the organization and training of assigned Township employees. Each department head shall formulate an operation plan for his service which, when approved, shall be an annex to and part of the basic plan.

(4) When a required competency or skill for a disaster function is not available within the Township government, the Coordinator is authorized to seek assistance from persons so assigned to carry out such duties prior to, during and after the occurrence of a disaster. The services from persons outside of government shall be accepted by the Township on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers in cooperation with the heads of departments affected.

H. Compliance required; hindrance prohibited. It shall be unlawful for any person to violate any of the provisions of this article or of the regulations or plans issued pursuant to the authority contained herein, or to willingly obstruct, hinder or delay any member of the emergency management organization as herein defined in enforcement of the provisions of this article or by any regulation or plan issued thereunder.

I. Violations and penalties. Any person, firm or corporation violating any provision of this article or any rule or regulation promulgated thereunder, upon conviction thereof, shall be liable to the penalty as stated in the Code.

§ 2-48.1 Department of Law established; department director.

[Added 3-4-2019 by Ord. No. 2019-4]

A. There shall be a Department of Law, the head of which shall be the Township Attorney, who shall serve as the full-time Director of Law. The Director shall be qualified by training and experience to be the head of the department, especially as set forth below. The Director of Law shall be appointed by the Mayor with the advice and consent of the Council. The Director shall serve during the term of office of the Mayor appointing the Director and until the appointment and qualification of a successor.

B. Whenever the Township Attorney believes the interests of the Township require, the Township Attorney may appoint special counsel to assist in specialized legal matters and in the preparation, trial or argument of such legal matters or proceedings. The employment of special counsel shall be on a contractual basis and shall be within the limits of available appropriations, with the approval of the Mayor and subject to contractual approval by the Council, as required by the Local Public Contracts Law.[1]

[1] Editor's Note: See N.J.S.A. 40A:11-1 et seq.

C. If the Township Attorney should be disqualified with respect to any matter, the Mayor, upon request of the Township Attorney, shall appoint special counsel. Such appointments by the Mayor shall be on a contractual basis and shall be subject to contractual approval by the Council, as required by the Local Public Contracts Law.[2]

[2] Editor's Note: See N.J.S.A. 40A:11-1 et seq.

D. Records and papers. All papers, documents, memoranda, reports and other materials relating to the representation of the Township by the Township Attorney shall remain the property of the Township. Upon the termination of the Township Attorney's service with the Township, the Township Attorney shall promptly surrender to the successor all such property, together with a written consent to substitution of the successor in all legal actions and proceedings then pending in which the Township is a party.

§ 2-48.2 Responsibilities of Township Attorney.

[Added 3-4-2019 by Ord. No. 2019-4]

A. It shall be the duty of the Township Attorney or his or her duly qualified designee to attend all meetings of the Township Council. He or she shall advise the Township Council, the Mayor, the department directors and officers of the Township in all matters of law. He or she shall represent the Township in all judicial and administrative proceedings in which the Township or any of its officers or agencies may be a party or have an interest. He or she shall give all legal counsel and advice where required by the Township Council or the administration and shall, in general, serve as the legal advisor to the Township Council and the administration in all matters of Township business.

B. In furtherance of such general powers and duties but without limitation thereto, the Township Attorney shall have the following responsibilities:

(1) Prosecuting and defending all actions and proceedings by and against the Township and every department thereof, except as otherwise provided by law.

(2) Conducting appeals from orders, decisions or judgments affecting any interest that the Township Attorney may, in the Township Attorney's discretion, determine to be necessary or desirable or as directed by the Mayor.

(3) Subject to the approval of the Council, having the power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.

(4) Rendering opinions, either orally or in writing, upon any questions of law submitted to the Township Attorney by the Mayor, Township Council, Business Administrator, Township Clerk or the director of any department with respect to their official powers or duties in the administration of Township affairs.

(5) Drafting, reviewing and/or approving as to form and sufficiency all legal documents, contracts, deeds, instruments, ordinances and resolutions prior to the execution or adoption thereof by or on behalf of the Township.

(6) Maintaining a record of all actions, suits, proceedings and matters which relate to the Township's interest, and reporting thereon from time to time as the Mayor may require.

(7) Defending, at the request of any current or, where applicable, former Township officer or employee, any action brought against such officer or employee (other than an action brought against such officer or employee by the Township) for any act or omission arising out of or incidental to the performance of his or her duties as an officer or employee of the Township.

§ 2-48.3 Department of Construction and Housing established; department director.

[Added 1-29-2021 by Ord. No. 2021-2]

There shall be a Department of Construction and Housing, the head of which shall be the Construction Code Official, who shall serve as the full-time Director of Construction and Housing. The Director shall be qualified by training and experience to be the head of the Department, especially as set forth below. The Director of Construction and Housing shall be appointed by the Mayor with the advice and consent of the Council. Notwithstanding any tenure provisions set forth in state law, the Director shall serve during the term of office of the Mayor appointing the Director and until the appointment and qualification of a successor.

§ 2-48.4 Department divisions.

[Added 1-29-2021 by Ord. No. 2021-2]

The Department of Construction and Housing shall include the following divisions:

A. Division of Uniform Construction Code.

B. Division of Housing.

§ 2-48.5 Division of Uniform Construction Code.

[Added 1-29-2021 by Ord. No. 2021-2]

A. The Division of Uniform Construction Code shall be headed by the Construction Code Official. The Division shall also serve as the Uniform Construction Code enforcing agency as established in Chapter 90.

B. Uniform Construction Code enforcing agency. As further provided for in Chapter 90, the various officials comprising the Uniform Construction Code enforcing agency shall have such qualifications as are specified in the State Uniform Construction Code and its regulations. The powers and duties of such officials shall be as otherwise designated in Township ordinances and state law.

C. The Division shall be responsible for building code enforcement of both preexisting and new construction.

§ 2-48.6 Division of Housing.

[Added 1-29-2021 by Ord. No. 2021-2]

The Division of Housing shall be headed by the Director of Construction and Housing and shall be responsible for ensuring housing standards and property maintenance of the Township in accordance with state and local laws.