A. 
The position of paid fire fighter is hereby created in the Borough of Madison, New Jersey.
B. 
The term "paid fire fighter" shall mean and include any person who may hereafter be appointed to such position by the Council of the Borough of Madison and who shall be regularly employed by the borough at a fixed annual salary for the purpose of extinguishing fires and protecting persons and property therefrom.
[Amended 2-14-2000 by Ord. No. 2-2000]
The Paid Division of the Madison Fire Department shall consist of a paid Fire Chief (hereinafter referred to as "Fire Chief"), two paid Captains (hereinafter referred to as "Captains") and eleven paid fire fighters (hereinafter referred to as "fire fighters") or such number of fire fighters as shall hereafter be fixed and determined by ordinance.
A. 
Office established; appointment; term of office.
(1) 
The office of Fire Chief of the Fire Department is hereby established in the Borough of Madison.
(2) 
The Fire Chief shall be appointed by the Council of the Borough of Madison and shall hold office during good behavior and capacity to carry out his duties in an efficient manner.
B. 
Powers and duties.
(1) 
The Fire Chief shall have jurisdiction and supervision over all personnel comprising the Madison Fire Department, both paid and volunteer, and all apparatus and equipment used by said Department.
(2) 
He shall supervise and direct, either personally or through his subordinates, the operations and activities of the Madison Fire Department with respect to the prevention, control and extinguishing of fires.
(3) 
He shall have supervision of the Madison Fire Department Headquarters, subject to the control of the Council of the Borough of Madison and the Trustees of the Hartley Dodge Foundation, and shall not allow said quarters to be used for any activities or in a manner not conducive to the efficient and good order of the Department or which might result in any damage to said quarters or the equipment therein.
(4) 
He shall observe and direct that all fire apparatus and equipment are kept in good and proper working condition and shall report promptly to the Council any failure or breakdown in any apparatus or equipment, or any damage thereto.
(5) 
He shall establish such reasonable rules and regulations pertaining to the operations of the Department and the conduct of its personnel and issue such orders to the members of the Fire Department as may, in his judgment, be necessary or requisite for the efficient operation of the Fire Department and which are not in conflict with the provisions of any law or ordinance.
(6) 
He shall consult with and advise the Council of the Borough of Madison with respect to any matters pertaining to Fire Department policy, personnel changes, the purchase of equipment and supplies or other matters generally relating to the efficient operation of said Department or the failure thereof, or otherwise, as requested by said Council.
(7) 
He shall make reports to the Council concerning the operations of the Department in such form and detail as the Council may prescribe.
(8) 
He shall supervise and/or direct, either personally or through subordinates, the training of fire personnel and provide for such instruction and drills in the use of apparatus and equipment and in Fire Department operations as may be necessary to maintain the Department in an efficient state.
(9) 
He shall have the authority to relieve from duty any member of the Paid or Volunteer Division of the Madison Fire Department for any violation of law, ordinance, rule or regulation of the Department or for any dereliction of duty and to present charges thereof to the Council of the Borough of Madison, in accordance with law and the provisions of this chapter.
C. 
Compensation. The Fire Chief shall receive such compensation for his services as the Council of the Borough of Madison may from time to time establish and prescribe by salary ordinance and resolution.[1]
[1]
Editor's Note: For information pertaining to the Salary Ordinance, see Ch. 42, Salaries and Compensation.
D. 
Promotion to rank of Fire Chief.
[Added 2-12-2024 by Ord. No. 8-2024]
(1) 
The Borough of Madison governing body desires to promote the most qualified candidate to the position of Fire Chief. This Subsection D establishes the eligibility requirements and the process for promotion to Fire Chief. The promotional process shall be on the basis of merit, experience, education, demonstrated ability, competitive examinations and an interview. No person shall be eligible for promotion to Fire Chief unless he or she shall have served as a full-time firefighter in the Borough of Madison Fire Department for a period of 10 years or more. Promotions to the rank of Fire Chief shall be open to members in compliance with the Fire Department Rules and Regulations Section 300-2 (Qualifications), unless the Mayor and Council, in the best interest of the Department, choose to test a wider pool of candidates, in which case they may open testing to the next lower rank and/or reduce the length of time requirement in rank.
(2) 
The Personnel Director shall announce the promotional process to members of the Department at least 30 days before any written examination is to be given. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain, at a minimum, the rank to be filled, the dates of the exam, source materials or reading lists from which exam questions will be taken or topics from which questions will be formulated. Candidates who qualify shall notify the Personnel Director of his or her interest in taking the examination by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the firefighter ineligible to participate in the process.
(3) 
Promotional testing procedure. The promotional testing procedure for the Borough of Madison Fire Department shall consist of the following: a written examination, a record review, and an interview with the Mayor and Council. The Mayor and Council reserve the right to waive the written examination and shall so notify any applicant when the initial announcement for the promotional process is posted.
(a) 
Written examinations. The written examination shall be supplied by the Borough of Madison. To proceed to the record review, a candidate must achieve a minimum score of 70% on the written examination.
(b) 
Record review and interview by the Mayor and Council. Candidates that successfully achieve a minimum score of 70% on the written examination shall proceed to the next steps in the promotional process, the review of service record and interview. The interview shall be conducted by the Mayor and Council. The record review shall be conducted by the Borough Administrator and the Assistant Borough Administrator/CFO.
[1] 
The interview with the Mayor and Council shall focus on, but not be limited to, leadership and management skills, knowledge of the Borough of Madison's form of government, knowledge of the Fire Department Rules and Regulations, familiarity with the municipal budget process, the Fire Department budget in particular, and staff/resource allocations. The Mayor and Council shall grade each candidate on a forty-point scale and shall ask each candidate the identical questions, and the Borough Clerk will keep written records of each candidate's responses to same.
[2] 
The Borough Administrator and Assistant Borough Administrator/CFO shall examine the personnel jacket of each candidate and give specific weight to each category and grade each candidate on a thirty-point scale.
[a] 
Minimum qualification courses: Fire Official Certification, Firefighter III, EMT Certification.
[i] 
A 1/4 point will be awarded for each eight-hour seminar.
[ii] 
A 1/2 point will be awarded for each course between 16 and 24 hours.
[iii] 
A full point will be awarded for each course between 25 and 40 hours or more.
[iv] 
All courses to be fire related.
(c) 
The weight or percentage of each portion of the process shall be as follows:
Written examination
30%
Record review
30%
Mayor and council Interview
40%
(4) 
The candidate with the highest overall score shall be voted on by the Mayor and Council as the Fire Chief.
(5) 
Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service, including time as a volunteer firefighter with the Borough of Madison, or a resident over a nonresident. Seniority shall prevail over residency in the case of candidates that are ranked equally.
A. 
Position established; appointment; terms.
(1) 
The position of Captain of the Fire Department is hereby established in the Borough of Madison.
(2) 
The Captain(s) shall be appointed by the Council of the Borough of Madison and shall hold office during good behavior and capacity to carry out the duties in an efficient manner.
B. 
Powers and duties. Subject to the superior authority and orders of the Fire Chief of the Madison Fire Department, the Captains shall have the following duties and responsibilities:
(1) 
To answer and respond to alarms of fire and to aid in the extinguishment of fire.
(2) 
When so ordered, to respond to emergency calls and to render first aid and assistance to those in need thereof.
(3) 
To supervise and direct the activities of members of the Fire Department while performing their duties in accordance with the Department's rules and regulations and standard operating procedures.
(4) 
To have charge over and direct the operation of fire apparatus, equipment and appliances in use in the Fire Department and to ascertain that the same are properly cleaned and maintained in working order at all times.
(5) 
To supervise and/or conduct drills and to perform inspections and other work of the Fire Department when so ordered to do so.
(6) 
In the absence of the Chief of the Fire Department, to supervise and direct the response of fire apparatus to alarms, the replacement and operation of apparatus and equipment and the procedures to be followed by Fire Department personnel.
(7) 
When so requested, to assist the Fire Chief in the performance of the administrative work of the Department.
(8) 
To personally carry out or secure the enforcement of Department rules and regulations and/or such orders as may be given by the Fire Chief, or to carry out or secure the enforcement of such orders as may be given by the Incident Commander at the scene of an incident or drill.
(9) 
To drive fire apparatus and operate pumps and fire equipment as required.
(10) 
Subject to designation and/or appointments as provided for by the applicable provisions of this Code, to perform the duties of Fire Official in accordance with Chapter 101, Fire Department, of this Code and/or to perform the duties of Fire Subcode Official.
(11) 
To perform such other duties as directed by the Fire Chief in connection with the supervision and administration of the Fire Department.
C. 
Qualifications. The qualifications for the position of Captain shall be as provided for in the job description established by the Fire Chief and as provided for by law.
D. 
Promotion to rank of Captain.
[Added 2-12-2024 by Ord. No. 8-2024]
(1) 
The Borough of Madison governing body desires to promote the most qualified candidate to the position of Captain. This Subsection D establishes the eligibility requirements and the process for promotion to Captain. The promotional process shall be on the basis of merit, experience, education, demonstrated ability, competitive examinations, record review, and an interview. No person shall be eligible for promotion to Captain unless he or she shall have served as a full-time firefighter in the Borough of Madison Fire Department for a period of 10 years or more. Promotions to the rank of Captain shall be open to members of the next lowest rank who have served at least two years in said rank, unless the Mayor and Council, in the best interest of the Department, choose to test a wider pool of candidates, in which case they may open testing to the next lower rank and/or reduce the length of time requirement in rank.
(2) 
The Fire Chief shall announce the promotional process to members of the Department at least 30 days before the written examination is to be given. The announcement shall be posted in common areas of the Department accessible to all members. The announcement shall contain, at a minimum, the rank to be filled, the dates of the exams, source materials or reading lists from which exam questions will be taken or topics from which questions will be formulated. Candidates who qualify shall notify the Fire Chief of his or her interest in taking the examination by submitting a letter of interest no later than 10 calendar days after the promotion announcement. Failure to do so shall render the firefighter ineligible to participate in the process.
(3) 
Promotion testing procedure. The promotion testing procedure for the Borough of Madison Fire Department shall consist of the following: a written examination, a record review and interview with a committee, comprised of at minimum the Fire Chief and Borough Administrator.
(a) 
Written examinations. The written examination shall be supplied by the Borough of Madison. To proceed to the oral examination of the examination procedure, a candidate must achieve a minimum score of 70% on the written examination.
(b) 
Record review and interview by the interview committee. Candidates that successfully achieve a minimum score of 70% on the written examination shall proceed to the next step in the promotional process, the review of service record and interview. The interview shall be conducted by the Interview Committee, comprised of at minimum the Fire Chief and Borough Administrator and/or their designees. The record review shall be conducted by the Borough Administrator, Assistant Borough Administrator/CFO and the Fire Chief.
[1] 
The interview with the interview committee shall focus on, but not be limited to, leadership and management skills, knowledge of the Borough of Madison's form of government, knowledge of the Fire Department Rules and Regulations, familiarity with the municipal budget process, the Fire Department budget in particular, and staff/resource allocations. The interview committee shall grade each candidate on a forty-point scale and shall ask each candidate the identical questions.
[2] 
The Borough Administrator, Assistant Borough Administrator and Fire Chief shall examine the personnel jacket of each candidate and give specific weight to each category and grade each candidate on a thirty-point scale.
[a] 
Minimum qualification courses: Fire Official Certification, Firefighter III, EMT Certification.
[i] 
A 1/4 point will be awarded for each eight-hour seminar.
[ii] 
A 1/2 point will be awarded for each course between 16 and 24 hours.
[iii] 
A full point will be awarded for each course between 25 and 40 hours or more.
[iv] 
All courses to be fire related.
(c) 
The weight or percentage of each portion of the process shall be as follows:
Written examination
30%
Record review
30%
Interview
40%
(4) 
The candidate with the highest overall score shall be voted on by the Mayor and Council as the Captain.
(5) 
Where two or more candidates are ranked equally pursuant to the promotional procedure set forth herein, preference shall be given to the candidate with the most seniority in service, including time as a volunteer firefighter with the Borough of Madison, or a resident over a nonresident. Seniority shall prevail over residency in the case of candidates that are ranked equally.
No person shall be appointed as a fire fighter in the Paid Division of the Madison Fire Department of the Borough of Madison unless he complies with the following, in addition to any state or federal laws:
A. 
He is a citizen of the United States.
B. 
He is sound in body and in good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey that he is eligible to enter the retirement system.
C. 
He is able to read, write and speak the English language well and intelligently.
D. 
He is of good moral character. No person shall be so appointed who has been convicted of any crime involving moral turpitude which, in the judgment of the Council of the Borough of Madison, would be prejudicial to the morale of the Fire Department.
E. 
He is 18 years of age and under the age of 35 years, except as provided in § 18-8 hereof, subject to any provisions of law applicable to persons who are members or veterans of the armed services of the United States.
F. 
He is physically and mentally sound and emotionally stable and possesses the necessary ability to understand and obey orders and to perform the duties required of a fire fighter of the Madison Fire Department to the satisfaction of both the Fire Chief and the Council of the Borough of Madison.
G. 
He is the holder of an automobile driver's license issued by the State of New Jersey.
Whenever any appointments are hereafter made to the position of fire fighter of the Madison Fire Department, preference shall be given to persons who are members of the Volunteer Division of the Madison Fire Department who shall have served as active fire fighters for not less than two years next preceding the making of such appointment or are exempt fire fighters of the Department, provided that such persons are between the ages of 21 and 40 years at the time of such appointment.
The Council of the Borough of Madison may, however, employ persons to perform the duties of fire fighters temporarily, in case of emergency, or for parts of years where their services are not needed throughout the entire year and discharge them at the expiration of such temporary employment. They may be compensated for such services at such rate as the Council may from time to time establish by ordinance and resolution.
The annual salaries of members of the Paid Division of the Madison Fire Department shall be such as the Council of the Borough of Madison may hereafter establish by ordinance and salary resolution.[1]
[1]
Editor's Note: For information pertaining to the Salary Ordinance, see Ch. 42, Salaries and Compensation.
Any person who is employed by the Borough of Madison as a Captain or fire fighter shall be on actual duty for an average of 42 hours per week; provided, however, that the Fire Chief or other officer in charge of the Fire Department is empowered, in times of emergency, to summon and keep on duty any member of the Paid Division as shall be necessary, within the discretion of such Fire Chief or officer, to cope with such emergency; provided, further, that any member of the Paid Division kept on duty during any emergency shall receive, during the next 12 months thereafter, compensatory time off-duty equivalent to that during which emergency duty was performed.
A. 
No fire fighter or Captain shall absent himself from duty without the permission of the Fire Chief or other officer in charge of the Fire Department, nor shall any on-duty fire fighter or Captain leave his post while on duty or at the termination thereof until relieved by a properly designated successor or substitute.
B. 
Any person holding the position of Captain or fire fighter in the Borough of Madison who shall be absent from duty without just cause for a term of five days continuously, without leave of absence, shall, at the expiration of such five days, cease to be a member of the Paid Division of the Madison Fire Department.
[Amended 2-10-2025 by Ord. No. 3-2025]
A. 
No member of the Paid Division of the Madison Fire Department shall be removed from office or employment in the Madison Fire Department for political reasons or for any other cause than incapacity, misconduct or disobedience to the rules and regulations established for the government of the Madison Fire Department.
B. 
No member of the Paid Division of the Madison Fire Department who is permanently employed by the Borough of Madison at a fixed annual salary and whose sole occupation is that of a member of the Paid Division of the Madison Fire Department shall be suspended, removed, fined or reduced from office or employment therein except for just cause as hereinbefore provided and then only after written charge or charges of the cause or causes of complaint have been served upon such member of the Paid Division, signed by the person or persons making such charge or charges and filed with the Fire Chief or other officer in charge of the Madison Fire Department.
C. 
The Fire Chief or, in his absence, the officer in charge thereof may relieve any member of the Paid Division from active duty as a member of the Department pending the preference of formal charges against him. A copy of any charges served upon a member of the Paid Division shall also be filed with the Council of the Borough of Madison by filing a copy thereof in the office of the Borough Clerk.
D. 
If any member of the Paid Division shall be relieved from duty pending a hearing on the charges, such hearing shall be commenced within 30 days from the date of service of the complaint.
The duties of a fire fighter shall be as follows:
A. 
To answer and respond to alarms of fire and to aid in the extinguishment of fire.
B. 
When so ordered, to respond to emergency calls and to render first aid and assistance to those in need thereof.
C. 
When so ordered, to make inspections of properties and assist in fire prevention.
D. 
To familiarize himself thoroughly with all forms of fire apparatus and equipment.
E. 
When so ordered, to engage in drills and the operation of fire equipment.
F. 
When so ordered, to attend fire schools and courses of study in Fire Department procedures.
G. 
When so specifically appointed or assigned, to drive Fire Department apparatus and to operate pumps and other equipment.
H. 
As directed, to clean, supervise and otherwise care for the Fire Department quarters and all fire apparatus and equipment therein.
I. 
To perform such other duties as may be ordered by the Fire Chief or other officer in command thereof, as set forth in the rules and regulations of the Madison Fire Department.
The Paid Division of the Madison Fire Department shall be under the supervision and subject to the direction of the Chief of the Madison Fire Department or, during his absence or incapacity, of the senior Captain. In the event of the absence or incapacity of both the Fire Chief and Captains, the Paid Division shall be under the supervision and subject to the direction of the senior Volunteer Battalion Chief. The senior Volunteer Battalion Chief shall only have charge over the Paid Division at the scene of an incident, drill and any departmental functions outside of fire headquarters. In the event of the absence of both the Fire Chief and the Captains from fire headquarters, the senior fire fighter on duty shall be in charge of the day-to-day operations of the firehouse. Supervision of the Paid Division is subject to the departmental rules and regulations and standard operating procedures and is under the general control of the Council of the Borough of Madison.
A. 
Report of sickness or injury; physician's statements.
(1) 
No fire fighter or Captain shall absent himself from duty by reason of sickness or injury without notifying headquarters. He shall promptly report such sickness or injury to the personnel on duty before his next tour of duty, if possible, or in any event within 24 hours. If such sickness or injury is of three or more shifts' duration, such member shall furnish:
(a) 
A physician's statement to the Chief of the Fire Department, within a week.
(b) 
An additional physician's statement once each week thereafter during the period of such disability, giving the cause and nature of the illness or injury and the progress thereof and his opinion as to the unfitness of the absentee to perform his duties.
(2) 
Unless expressly exempted from this provision, in whole or in part, by the Fire Chief or other officer in charge thereof, no fire fighter or Captain who shall be absent from duty because of any injury or illness requiring the services of a physician shall report to active duty unless he shall first present to the Chief of the Fire Department or other officer in charge thereof a final physician's statement indicating that he is again fit for active duty.
B. 
Every member of the Paid Division shall be entitled to a leave of absence from duty, with pay, for reason of sickness or disability, on the following basis:
(1) 
During the first year of employment as a fire fighter, one workday of sick leave shall be granted for each completed calendar month of service.
(2) 
Each member of the Paid Division shall be entitled to 12 workdays of sick leave with pay in each calendar year after he has completed one full year of satisfactory continuous service.
C. 
Unused sick leave may be accumulated as outlined in the contract agreement between the Borough of Madison and the bargaining unit.
D. 
The Council of the Borough of Madison may grant a leave of absence, with pay, to any member of the Paid Division who shall become injured, ill or disabled from any cause in the line of duty so as to be physically unfit for duty during the period of such disability and physical unfitness for duty, where such injury, illness or disability shall be evidenced by the certificate of a physician designated by the Borough Council to examine him. No such leave of absence with pay shall exceed one year commencing from the date of such injury, illness or disability.
E. 
In the event of a death in the immediate family of a member of the Paid Division of the Madison Fire Department, a leave of absence, consisting of three working days with pay, will be granted to the member. Immediate family shall be construed as meaning and including wife, husband, child, father, father-in-law, mother, mother-in-law, sister or brother. For all other relatives, a one-day leave will be granted.
F. 
The Fire Chief of the Borough of Madison shall be entitled to 13 days of sick leave each year.
A. 
Every member of the Paid Division of the Madison Fire Department shall be granted a vacation annually, with pay, on the following basis: as determined in the agreement between the Borough of Madison and the bargaining unit.
B. 
The authority for the approval of each member's vacation schedule is vested in the Fire Chief. Preference in the selection and assignments of vacation periods will be given by rank; in the case of equal rank, preference shall be given according to length of service in that rank.
C. 
No member shall take his vacation in installments of one or two days at a time, except where length of service would permit extra vacation days. He shall take his vacation during a single continuous period unless otherwise approved by the Fire Chief.
D. 
All vacation time must be used during the calendar year in which the same is earned and cannot be accumulated; provided, however, that when a member delays his vacation time upon orders of the Fire Chief, such vacation time may be rescheduled in the calendar year which immediately follows.
E. 
The vacation period will commence on January 1 in any calendar year and must be used by December 31 of said year, except as provided in Subsection D.
F. 
The provisions hereof shall apply to probational fire fighters, and probationary time shall be included in the computation of any period of continuous service.
G. 
"Continuous service" shall mean unbroken service as determined by the borough records. Approved leaves of absence do not constitute a break in service.
A. 
Subject to the provisions of Subsections B, C, D and E of this section, when ordered by the Fire Chief or other officer in charge of the Department, any Captain or fire fighter who may perform fire duty in excess of 42 hours in any regularly assigned workweek shall be compensated therefor at the rate of overtime established by and set forth in the Salary Ordinance;[1] however, whenever any Captain or fire fighter not assigned to standby shall perform fire duty upon any occasion not within his regularly assigned workweek by reason of an alarm, drill or an emergency, he shall be compensated as outlined in the contract agreement between the Borough of Madison and the bargaining unit.
[1]
Editor's Note: For information pertaining to the Salary Ordinance, see Ch. 42, Salaries and Compensation.
B. 
Standby basis shall consist of being available and ready for active service at such times, not within the regular working hours or the regular tours of duty established for the various positions of employment, as the Fire Chief or other officer in charge of the Paid Division shall order and designate.
C. 
In order that adequate coverage and protection to persons and property may be maintained at all times, whenever an alarm of fire is sounded or during an emergency as determined by the Fire Chief or other officer in charge of the Department, the off-duty member of the Paid Division assigned to perform standby shall immediately report to fire headquarters and, pursuant to the order and direction of the Fire Chief or other officer in charge of the Department, shall remain on duty until relieved. For such services, the person or persons so designated to perform such duty shall be compensated therefor at 1 1/2 times his regular hourly salary rate for the time during which duty is actually performed, but in any event for not less than one hour of time.
D. 
Off-duty fire fighters and Captains of the Paid Division of the Madison Fire Department, as and when so ordered by the Fire Chief or other officer in charge of said Paid Division, shall maintain themselves in a reserve or on a standby basis, in order that they may be readily available to perform active duty during a fire or an emergency or to otherwise render services within the scope of their employment. The provisions hereof shall not apply to a Captain during any period when he is in charge of the Paid Division by reason of the incapacity or absence from the borough of the Fire Chief or otherwise.
E. 
Whenever any member of the Paid Division shall be placed and remain available on a standby basis, as provided in this section, he shall receive a minimum compensation as per the contract agreement between the Borough of Madison and the bargaining unit.
The Fire Chief or other officer in charge of the Fire Department shall keep accurate records of the absences of every member of the Paid Division and shall furnish a list thereof to the Borough Clerk prior to the fifth day of the ensuing month, the same to be placed with the personnel files.
No member of the Paid Division of the Madison Fire Department shall leave the borough in uniform except when on authorized duty. No member of the Paid Division, while on duty, shall at any time leave the borough without notifying the Fire Chief or other officer in charge of the Department.
Whenever the public fire services require it, the Fire Chief or other officer in charge of the Fire Department may detail any member of the Paid Division to any special or particular duty connected with the fire services of the borough and, for such purposes, may send such members outside of the borough limits, together with any apparatus or equipment required in the performance of such special or particular public fire services. These shall include rendering emergency services in any other community requiring assistance by reason of fire or disaster or training, fire school or drilling with another Department or the Morris County Fire Academy.
Every member of the Paid Division of the Borough of Madison shall be subject to reprimand, suspension from duty without pay, reduction in rank or dismissal, according to the nature or aggravation of the offense, for any of the following causes or for the violation of any other rules and regulations which may be adopted by the Council for governing the Paid Division:
A. 
Intoxication or consumption of intoxicants while on duty.
B. 
Willful disobedience of orders.
C. 
Uttering indecent, profane or harsh language.
D. 
Showing disrespect to a superior officer.
E. 
Absence without leave, absence from duty without cause or not performing duty properly.
F. 
Gross ignorance of the law or the regulations of the Department.
G. 
Violation of any criminal law.
H. 
Making known the contents of any order or other information of a confidential or departmental nature other than to the person concerned therewith to whom the same may be directed.
I. 
Unbecoming conduct or engaging in or assisting in the performance of any act which is prejudicial to or subversive of good order and the discipline of the Department.
J. 
Publicly adversely commenting on the official action of a superior officer.
K. 
Failure to report a known violation of any law of this state or ordinance of the borough pertaining to fire, water supply, buildings or public safety.
L. 
Neglect or shirking of duty; failure to take proper action to prevent damage to property or injuries to persons or to accomplish the extinguishment of fires; willful damage to or gross neglect of fire apparatus or equipment.
M. 
Unnecessary speeding or violation of laws pertaining to the driving and operation of fire apparatus and equipment on streets, highways or other public places or on private property.
N. 
Unauthorized use of borough apparatus or equipment or removal thereof from headquarters or permitting the same to be done by others.
O. 
Engaging in an altercation with, committing an assault upon or knowingly inflicting injury upon any officer or fellow member of the Fire Department or any borough official, property owner, tenant or bystander. This provision shall not apply to injuries unavoidably inflicted during, incidental to or resulting from the lawful performance of duty while attempting to restrain interference with performance of duty or to prevent the theft of or damage to property and equipment.
P. 
The unlawful taking or retention of or the willful damage to property of persons while performing fire duty.
Q. 
Failure to properly receive and respond to an alarm of fire.
R. 
Failure to properly observe and obey any of the provisions of this chapter and the rules and regulations as set forth by the Council of the Borough of Madison.
No member of the Paid Division of the Borough of Madison shall have in his possession or keep for the consumption at fire headquarters or have on his person while on duty or in uniform any intoxicating liquor or narcotic. No fire fighter of the Borough of Madison shall, while on duty or in uniform, drink any intoxicating liquor or ingest any narcotic.
No member of the Paid Division shall report for duty after taking or take in any form while on duty any medicine or drug which might in any way be detrimental to performance of his duties without the express permission of the Fire Chief of the Fire Department or other officer in charge. In this respect, members of the Paid Division are required to learn from their physicians the nature of any medicine prescribed for them.
Any member of the Paid Division who shall report for duty in an unfit condition or who, while on duty, shall become physically unfit, believed to be due to the use of intoxicants, drugs or narcotics, shall immediately be reported to the Fire Chief or other officer in charge of the Department and shall be examined immediately by a reputable physician.