The United States Department of Labor (DOL)
issued a letter on August 7, 2006, to the International Association
of Fire Chiefs (IAFC) providing guidance under the Fair Labor Standards
Act (FLSA) clarifying that fire departments and other entities can
provide its volunteer firefighters up to 20% of what the public agency
would otherwise pay to hire a full-time firefighter for performing
comparable service.
The City of Millville desires to implement a
volunteer incentive program for regular volunteer firefighters to
help retain existing volunteers and to increase the volunteer rolls
so that the Millville Fire Department can continue to provide a high
level of service to the community.
The Fire Chief of the Millville Fire Department
is hereby authorized to develop criteria for the Volunteer Incentive
Program and the payment of a quarterly stipend to volunteer firefighters
who provide fire-fighting services for the Millville Fire Department.
The Fire Chief shall prepare a standard operating
procedure (SOP) detailing the purpose, scope and requirements of the
Volunteer Incentive Program which shall be approved by resolution
of the governing body of the City. The Fire Chief shall review this
SOP on an annual basis to determine whether any amendments or modifications
should be made to the SOP. Any changes to the SOP shall be approved
by resolution of the governing body of the City.
The Fire Chief shall present to the Director
of Public Safety, on a quarterly basis, a list containing the names
of the volunteer firefighters who are entitled to receive a quarterly
stipend and the amount of the stipend for each volunteer firefighter.
The Fire Chief shall endeavor to provide this list not later than
the 10th day of the month following each quarter. In no event shall
any stipend paid by the City of Millville in accordance with these
regulations be considered salary or wages. No person receiving a stipend
under these regulations shall be considered an employee of the City.
Each individual firefighter receiving a stipend shall be issued a
Form 1099 for tax purposes, and any tax payments associated with the
stipend shall be the sole responsibility of the individual receiving
the stipend.
The Fire Chief shall submit an annual report
to the Director of Public Safety reporting the effect of the Volunteer
Incentive Program on the status of the membership of the volunteer
firefighters within the Millville Fire Department. The Director of
Public Safety may request a report on shorter intervals if the Director
so desires.