[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]
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.
