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.
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]
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.
(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.
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.
(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]
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.
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 preferred
against 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 and after
a copy thereof has been served upon such member of the Paid Division
within 15 days after the filing thereof and after the charge or charges
have been publicly examined by the Council of the Borough of Madison
upon reasonable notice to the person charged, which examination shall
be commenced not less than 15 days nor more than 30 days after said
copy of such charge or charges shall have been so served.
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 and public examination thereof by the Council.
A copy of any charges preferred against 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 trial on charges, such trial shall be commenced
within 30 days after service of a copy thereof upon him; otherwise,
the charges shall be dismissed and the member of the Paid Division
returned to duty.
E.
It is the intent of this section to give every person
against whom a charge or charges, for any cause, may be preferred
under this chapter a fair trial upon said charge or charges and to
give such person every reasonable opportunity to make his defense,
if he has or chooses to make any. In the event of failure of compliance
with any provision of this section, such charge or charges shall be
dismissed.
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.
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.
