[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes by Ord. No. 987 (Sec. 2-23 of the 1988 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FRANKLIN LAKES AMBULANCE CORPS
- The incorporated volunteer ambulance corps officially known and designated as the "Franklin Lakes Volunteer Ambulance Corps" and hereinafter referred to as the "Ambulance Corps."
[Amended 6-8-2005 by Ord. No. 1322]
The Franklin Lakes Volunteer Ambulance Corps, as heretofore created and established to provide emergency services in the Borough of Franklin Lakes and neighboring communities, in cooperation with these neighboring communities and institutions in any manner that will mutually aid these communities and organizations, is hereby continued.
The Mayor shall appoint a Committee consisting of two members of the Borough Council to be known as the "Ambulance Committee." The Ambulance Committee shall have full charge and control of the Ambulance Corps and the equipment utilized by the Ambulance Corps. The officers of the Ambulance Corps shall be responsible to the Ambulance Committee for all activities of the Ambulance Corps and for the repair, upkeep, care and control of all equipment and property utilized by the Corps.
The use of any ambulance apparatus and equipment belonging to the Borough shall be entrusted to the Ambulance Corps, as well as any real estate or other property utilized by the Corps.
All persons who fulfill the membership requirements as described in the Constitution and bylaws of the Franklin Lakes Volunteer Ambulance Corps and who promise to perform the duties prescribed thereby shall become members of the Ambulance Corps.
[Amended 6-8-2005 by Ord. No. 1322; 11-10-2010 by Ord. No. 1505]
All members must be citizens of the United States and be 18 years of age or older, except that junior members are not required to be 18 years of age.
The line officers of the Ambulance Corps shall consist of Captain, First Lieutenant, Second Lieutenant and Third Lieutenant. The number of said officers, the election of said officers, the appointment of said officers and the duties of said officers shall be as established by the Constitution and bylaws of the Ambulance Corps.
The Captain, First Lieutenant, Second Lieutenant and Third Lieutenant shall be elected by secret ballot cast by all members eligible to vote under the Constitution and bylaws, said ballot to be conducted at the November business meeting.
Line officers shall not be permitted to hold office until said elections have been confirmed by the Borough Council.
In the event the Borough Council shall refuse to confirm the election of a line officer, the Mayor and Borough Council shall then appoint such temporary line officers as have not been confirmed until such time as a new election can be conducted and the elected officers are confirmed by the Mayor and Council.
Conduct of elections.
The election of the Captain, First Lieutenant, Second Lieutenant and Third Lieutenant shall be held at the meeting house of the Franklin Lakes Ambulance Corps at its regular and annual November meeting each year.
The Chairman of the nominating committee shall be the judge of the election. He shall appoint two tellers to count the vote, which shall be by secret ballot.
[Amended 6-8-2005 by Ord. No. 1322]
The persons receiving the highest number of votes for the offices of Captain, First Lieutenant, Second Lieutenant and Third Lieutenant, respectively, shall be declared duly elected.
It shall be the duty of the Captain to submit a report to the Borough Council at its regular meeting each month. The report shall provide the Mayor and Council with the condition of the Ambulance Corps and the apparatus and any other matters which the Ambulance Corps or the Captain may deem necessary or any matters and information requested by the Mayor and Council.
In the case of a vacancy in office of an officer, the next lowest ranking officer shall assume the duties of the position above which has been vacated, i.e., the First Lieutenant shall assume the responsibilities of the Captain, Second Lieutenant the responsibilities of the First Lieutenant, and Third Lieutenant the responsibilities of the Second Lieutenant. At the next meeting an election will be held to fill the vacant position.
In the event that the actions of a member are in violation of the Constitution, bylaws or standard operating procedures, or consist of actions or activities inappropriate for a member of the Ambulance Corps, disciplinary or termination procedures will be taken pursuant to the bylaws of the Ambulance Corps. In the event that the member disagrees with the final appeals decision within the Corps, the member may, within 10 days from receipt of the Corps' decision, file an objection with the Ambulance Committee. Said objection must be filed in writing with the Ambulance Committee, a copy to the Captain and copies to the Line Officers. After a hearing, the Ambulance Committee may reverse the final appeals decision, modify the penalty or sustain the decision. Any penalty of suspension or termination from the Ambulance Corps brought before the Ambulance Committee must be approved by the Borough Council.
[Amended 6-8-2005 by Ord. No. 1322]
In case of disobedience by any member of the Ambulance Corps, the Captain shall make a complaint to the Ambulance Committee, which shall hold a hearing on the charges. If the charges are sustained, the Ambulance Committee may suspend or expel such member from the Ambulance Corps on approval of the Borough Council.
Members of the Ambulance Corps shall adopt a Constitution and bylaws not inconsistent with the terms and provisions of this section, which shall be subject to the approval of the Borough Council. Copies of any duly adopted and approved Constitution or bylaws shall be filed with the Borough Clerk.
The Borough Council reserves the right to alter or amend the bylaws as it deems necessary.
Each member of the Ambulance Corps shall be entitled to receive a badge and certain other property, which shall remain the property of the Ambulance Corps. Upon termination of membership the badge and all other property shall be immediately surrendered to the Corps.
All services rendered by the members of the Ambulance Corps shall be voluntary to the Borough and its residents.
Any officer in the Ambulance Corps may be removed from office at any time by the Borough Council for neglective duty or other just cause after charges thereof have been made and sustained, following a hearing before the Borough Council.
[Added 12-21-2010 by Ord. No. 1509
Criminal history background checks required. Criminal history background checks shall be required for all members of the Ambulance Corps.
Definitions. For the purposes of this section, the following words and terms shall have the following meanings:
- AUTHORIZED VENDOR
- A vendor which is authorized by the State of New Jersey to conduct criminal history record background checks.
- CRIMINAL HISTORY RECORD BACKGROUND
- A determination of whether a person has a criminal record by cross-referencing that person's records with those on file with the Federal Bureau of Investigation Identification Division and the State Bureau of Identification in the Division of State Police.
- POLICE DEPARTMENT
- The Borough of Franklin Lakes Police Department.
Requests for criminal background checks and costs.
The Borough requires that all members of the Ambulance Corps request through the Police Department that the State Bureau of Identification in the Division of State Police or an authorized vendor conduct a criminal history record background check on each prospective and current employee or volunteer of the organization. There shall be a thirty-day grace period for each new member to make application for this criminal history record background check. All new members must have their applications completed by the end of the thirty-day grace period.
The Borough shall conduct a criminal history record background check only upon receipt of the written consent for the check from the prospective or current member.
The Borough shall bear the costs associated with conducting a criminal history background check.
The Division of State Police or the authorized vendor shall inform the Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in Subsection D of this section. Any information received by the Police Department shall be confidential.
Any person who, by virtue of his or her occupation, is required by statute to undergo a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirement hereunder until three years have elapsed since the most current background check.
Conditions under which a person is disqualified from service. A person may be disqualified from serving as a member of the Ambulance Corps if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:
In New Jersey, any crime or disorderly persons offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C:15-1 et seq., such as robbery;
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering the welfare of a child;
Involving theft, as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in this section.
Submission/exchange of background information. A prospective or current member of the Ambulance Corps shall submit his or her application and written consent to the Police Department for the criminal history record background check to be performed. The organization shall submit this documentation to the Police Department through the officer in charge, who shall cause the background check to be conducted, and refer the information to the State Police and FBI or the authorized vendor for the initial check. Thereafter, all subsequent background checks shall be submitted to the officer in charge, who shall coordinate a background check every three years after the date of the initial check.
Limitations on access and use of criminal history record information.
Access to criminal history record information for non-criminal justice purposes, including licensing and employment, is restricted to the members of the Police Department as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance, or resolution regarding obtaining and disseminating of criminal history record information obtained under this section.
Criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given, and it shall not be disseminated to any unauthorized persons or entities. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
Challenge of accuracy of report.
If a criminal history record may disqualify a current or prospective member for any purpose, the current or prospective member shall be provided with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The current or prospective member shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record. The Police Department shall coordinate between the current or prospective member and the Division of State Police or the authorized vendor any such opportunity to complete or challenge the accuracy of the information contained in the criminal history record.
No person or entity shall be held liable in any civil or criminal action brought by any party based on any written notification on file with the Police Department pursuant to the provisions of this section.
Notification of subsequent disqualifying offense. If a current or prospective member is convicted of a disqualifying crime or offense as specified in Subsection D hereof after such person has cleared the required background check, such person must immediately (but no later than three days after such conviction) notify the Borough Administrator of that fact. Such person shall be immediately disqualified from his or her position.