[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside 12-21-1971 as Ch. III of the 1971 Code. Amendments noted where applicable.]
LABOR CONTRACT PROVISIONS
The current labor agreement between the Township of Hillside and the Firemen's Mutual Benevolent Association is on file in the Township offices. Where inconsistencies exist between this chapter and the agreement, the terms of the labor agreement prevail.
There shall be a Fire Department in and of the Township of Hillside. It shall be composed of all officers and firemen comprising the Department as of the date of adoption of this chapter, divided into as many companies as the Township Council may from time to time determine by resolution or ordinance.
A. 
Qualification of members. The members of the uniformed force to be paid firemen shall be appointed by the Mayor with the consent of the Township Council in accordance with civil service laws, rules and regulations, and at the time of their appointment shall have the following qualifications:
[Amended 10-8-2002]
(1) 
He shall be a citizen of the United States and a resident of the Township for at least two years prior to his appointment.
(2) 
He shall be able to read and write the English language intelligently.
(3) 
He shall be not less than 21 nor more than 35 years of age, subject to the provisions of N.J.S.A. 38:23A-2.
(4) 
He shall be of good moral character.
(5) 
He shall be sound in body and in good health, which shall be certified to by the physician designated by the Mayor with the consent of the Township Council and the physician designated by the Board of Trustees of the Police and Firemen's Retirement System of New Jersey.
(6) 
He shall not have been convicted of any indictable offense nor of any crime involving moral turpitude.
B. 
Terms. The officers and men of the uniformed Fire Department shall hold their respective offices and continue in their respective employment during good behavior, efficiency and residence in the Township of Hillside. Any officer or member of the Department who is absent from duty without just cause for a period of five days continuously, and without leave of absence, shall at the expiration of such five days cease to be a member of the Department.
The Fire Chief shall:
A. 
Exercise supreme command in all cases of fire-threatening damage or destruction to property in the Township, take prompt and efficient measures and use the means of the Department to extinguish the same and shall at all times and on all occasions of alarms have sole and absolute command and control over all fire engines and fire apparatus and all members of the Department and all other persons aiding or assisting the Department in cases of actual fire. In the absence of the Fire Chief, the Deputy Chief shall take command of the Department.
B. 
Keep an accurate record and make an annual report to the Mayor and Township Council at the second regular meeting of the year. The report shall include the number of alarms during the previous year, the amount of loss incurred and the amount covered by insurance so far as practicable. He shall keep a record of all personnel appointments, conduct, discipline, work, attendance, resignations, dismissals, removals and deaths of firemen as they take place, with such other particulars as may be necessary to maintain a service record of the employees of the Fire Department. He shall also keep a record of all fire badges distributed by him and shall obtain a written receipt from each member of the Department to whom a badge may be given.
[Amended 10-8-2002]
C. 
Devote his entire time to the discharge of the duties of his office and shall not, directly or indirectly, engage in any other trade, business or occupation as owner, partner, agent, servant or employee, with or without compensation or remuneration. He shall not be permitted to receive, directly or indirectly, any salary, compensation or thing of value for services rendered from any source other than as Fire Chief of the Fire Department of the Township.
The Deputy Fire Chiefs shall perform any duties assigned to them by the Chief. They shall be next in rank to the Fire Chief, and in the absence of the Fire Chief a Deputy Fire Chief shall be in command of the Fire Department and shall exercise those duties as set forth or assigned to the Fire Chief.
[1]
Editor's Note: Former § 38-5, Battalion Fire Chiefs, added 11-5-1980 by Ord. No. G-192-80, as amended, was repealed 10-8-2002.
[Added 11-5-1980 by Ord. No. G-192-80; amended 2-5-1985 by Ord. No. G-245-85; 10-21-2003]
The Fire Captains shall perform any duties assigned to them by the Chief. They shall be next in rank to the Battalion Fire Chiefs, and in the absence of a superior officer a Fire Captain shall be in command of the Fire Department and shall exercise those duties as set forth or assigned to superior officers.
[Amended 10-8-2002]
The members of the uniformed force and volunteers shall conform to and obey all rules and regulations which the Mayor shall from time to time adopt with the advice and consent of the Council. They shall be required to aid and assist any and all persons or animals with or without the use of the equipment of the Fire Department in emergencies when called upon or ordered to do so by their superior officers or when circumstances warrant such assistance. The specification of the aforesaid duties shall in no way constitute a limitation or restriction on duties not specified which are necessary to promote the peace, safety, morals, health and general welfare of the inhabitants of the Township and which duties are otherwise lawful.
A. 
No person shall be removed from office or employment in the paid Fire Department for political reasons or for any cause other than incapacity, misconduct, nonresidence or disobedience of rules and regulations established for the government of the Fire Department in the Township, nor shall any person, whether officer or member, be suspended, removed, fined or reduced from office or employment therein except for just cause after written charges of the cause of complaint have been preferred against such officer or member, signed by the person making such charges and filed in the office having charge of the Fire Department and a copy thereof served on the person within 15 days after filing, and after the charges have been publicly examined by the appropriate authority upon reasonable notice to the person charged, which examination shall be commenced not less than 15 nor more than 30 days after the copy of the charges has been served.
B. 
The person charged shall be suspended pending trial on charges, and the trial shall be commenced within 30 days after service of a copy of the charges; otherwise, the charges shall be dismissed and the officer or member returned to duty.
[Amended 11-7-1979 by Ord. No. G-167-79]
A. 
The Fire Chief and Deputy Fire Chiefs shall work a schedule composed of six-week cycles. Within each such cycle there shall be day shifts and night shifts. For the first, third and fifth weeks of each such cycle: Day shifts shall be of 10 hours' duration on Mondays through Fridays and of 12 hours' duration on Saturdays and Sundays; night shifts shall be of 14 hours' duration on Mondays through Fridays and of 12 hours' duration on Saturdays and Sundays. For the second, fourth and sixth weeks of each such cycle: Day shifts shall be of 10 hours' duration on Mondays through Wednesdays and of 12 hours' duration on Thursdays through Sundays; night shifts shall be of 14 hours' duration on Mondays through Wednesdays and of 12 hours' duration on Thursdays through Sundays. Shift assignments shall be as reflected on the following chart ("A", "B" and "C" denote the Deputy Fire Chiefs; "D" denotes the Fire Chief):
Mon.
Tues.
Wed.
Thurs.
Fri.
Sat.
Sun.
Week 1
a.m.
D
D
D
A
A
A
A
p.m.
B
B
B
C
C
B
B
Week 2
a.m.
D
D
D
B
B
D
D
p.m.
C
C
C
A
A
C
C
Week 3
a.m.
D
D
D
C
C
C
C
p.m.
A
A
A
B
B
A
A
Week 4
a.m.
D
D
D
A
A
D
D
p.m.
B
B
B
C
C
B
B
Week 5
a.m.
D
D
D
B
B
B
B
p.m.
C
C
C
A
A
C
C
Week 6
a.m.
D
D
D
C
C
D
D
p.m.
A
A
A
B
B
A
A
B. 
The workweek for uniformed firemen shall be 42 hours. When working days, firemen shall work from the hours of 8:00 a.m. to 6:00 p.m., and when working nights, from the hours of 6:00 p.m. to 8:00 a.m.
C. 
All members of the Fire Department shall be required to follow the continuous plan or cycle of hours in accordance with posted schedules prepared by the Fire Chief of the Department or other Township official in charge of the Department, as well as the hours of duty contained in each continuous cycle.
D. 
Nothing in this shall be construed to prevent the Mayor or the Fire Chief or officer in charge of the Department from summoning and keeping on duty as many firemen as may be necessary within their discretion to cope with an emergency or other special situation.
[Amended 10-8-2002]
E. 
Any member of the Department who is kept on duty during any emergency or special situation outside his regular duty hours shall receive, during the next 12 calendar months, a number of hours free from actual duty equal to the hours served during the emergency or special situation.
All promotions in the Fire Department shall be made from the membership thereof as constituted at the time of the promotion, but no person shall be eligible to a superior position unless he has served for a period of at least three years in the grade of permanent fireman.
[Amended 10-21-2003]
In the event of emergency or widespread conflagration, upon a request for assistance from the Police Chief or the Mayor of any municipality outside the normal territorial jurisdiction of the Department, emergency assistance shall be governed by N.J.S.A. 40A:14-26 and 40A:14-156.1, which deal with mutual aid agreements.
[Amended 10-8-2002]
The Mayor may by resolution authorize the use of any fire-fighting equipment no longer required by the Department by any county firemen's organization for use in any school conducted by such organization for the training and instruction of the firemen in the county in the latest methods, procedures and techniques of fire fighting.
[Added 12-19-1972 by Ord. No. G-11-72; amended 2-19-1974 by Ord. No. G-31-1974; 10-21-2003]
Each member of the Fire Department of the Township shall receive a leave of absence of five consecutive days if there is a death in the member's immediate family. "Immediate family" shall be defined as father, mother, wife or husband, the member's children, brothers and sisters, in-laws, grandparents and spouse's grandparents. "Five consecutive days off" shall be defined as five working days and any nonworking days which fall within the five-day period immediately following the death in question. The working days which the employee takes off in the event of such death shall not be charged against the member's accrued sick leave.
[Added 12-19-1972 by Ord. No. G-11-72; amended 10-8-2002]
The Mayor may establish, amend and repeal such rules and regulations as it deems necessary for the government and efficient working of the entire Department and which are not inconsistent with the laws of the State of New Jersey or ordinances of the Township. The rules and regulations shall be posted in facilities assigned to the Fire Department and a copy thereof delivered to each member of the Department.
[Added 4-5-1994; amended 11-28-1995; 1-5-1999]
A. 
Services. The Hillside Fire Department may provide emergency ambulance service for members of the general public which shall be subject to the priority demands of the Fire Department personnel.
B. 
Fees established.
[Amended 6-11-2002; 4-11-2006; 5-3-2011 by Ord. No. O-11-005]
(1) 
A base fee of $650 shall be charged to and paid by all persons receiving emergency ambulance services to the following medical facilities:
[Amended 6-13-2006]
(a) 
Newark Beth Israel Medical Center, Newark;
(b) 
Trinitas Hospital, Elizabeth;
(c) 
St. Barnabas Medical Center, Livingston;
(d) 
Overlook Hospital, Summit;
(e) 
Overlook Hospital-Union Campus (Union Hospital) Union; and
(f) 
UMDNJ (University Hospital), Newark.
(2) 
In addition to the above base charge, a mileage fee of $12 per mile one way shall be also charged.
C. 
Facilities. The above-listed medical facilities are the only facilities to which emergency ambulance service will be generally provided. Transportation to any other medical facility will only be provided for extenuating circumstances and, if provided, the same fees for such services will be charged.
D. 
Other fees. The following fees shall also be charged for the following services to and paid by all persons receiving such services:
[Amended 5-3-2011 by Ord. No. O-11-005]
(1) 
For administering oxygen: $75.
(2) 
For administering a stiff neck collar: $50.