[Adopted 9-2-2008 by Ord. No. 1545[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Volunteer Fire Department, adopted 1-15-1924 by Ord.
No. 182, as amended.
The City of North Wildwood Fire Department shall
be organized into two Divisions as follows:
B.
The Volunteer Division of the North Wildwood Fire
Department which shall be comprised of the North Wildwood Volunteer
Fire Company No. 1, the Anglesea Volunteer Fire Company No. 1 and
such other volunteer fire companies as may be designated by resolution
of the governing body of the City of North Wildwood.
Membership qualifications for admission to the
fire companies that comprise the Volunteer Division shall be as prescribed
by the bylaws of those fire companies subject, however, to the laws
of the State of New Jersey. Membership in the fire companies that
comprise the Volunteer Division shall not be limited to residents
of the City of North Wildwood. Any person who, in the judgment of
the officers and members of the respective Volunteer Division fire
companies, has the abilities to fulfill membership duties as a volunteer
firefighter shall be eligible for membership in the Volunteer Division
fire companies. Additionally, no candidate for membership in any of
the fire companies that comprise the Volunteer Division shall be admitted
to any such company until the officers of the subject fire company
provide written certification to the North Wildwood Fire Chief that
the candidate meets all qualifications for fire company membership,
the North Wildwood Fire Chief recommends to the Mayor of North Wildwood
appointment of the candidate to membership in the subject fire company,
the Mayor makes such appointment and said appointment is confirmed
by the governing body of the City of North Wildwood. No person shall
engage in any North Wildwood Fire Department activity of any nature
whatsoever nor avail himself or herself, as the case may be, of the
privileges of the North Wildwood Fire Department, including, but not
limited, to such person's participation in the North Wildwood Length
of Service Award Program, until membership in one of the fire companies
comprising the Volunteer Division has been confirmed by the governing
body of the City of North Wildwood in the manner aforesaid.
The fire companies that comprise the Volunteer
Division of the North Wildwood Fire Department and all of their volunteer
firefighter members, at all times, except during social functions,
shall be subject to the command, supervision and direction of the
City of North Wildwood Fire Chief and, in his/her absence, the City
of North Wildwood Deputy Fire Chief. In the event of the absence or
incapacity of both the Fire Chief and Deputy Fire Chief, the fire
companies that comprise the Volunteer Division of the North Wildwood
Fire Department and their volunteer firefighter members shall be under
the supervision of and subject to the direction of the senior Volunteer
Battalion Chief. In the absence or incapacity of all of the previously
mentioned officers, the fire companies that comprise the Volunteer
Division of the North Wildwood Fire Department and their volunteer
firefighter members shall be under the supervision of and subject
to the control of the Municipal Fire Department's senior officer on
duty. The Volunteer Division of the North Wildwood Fire Department
shall be subject to the rules and regulations and standard operating
procedures that are established by the Municipal Fire Department for
the City of North Wildwood Fire Department.
A.
Establishment; appointment; term.
(1)
The positions of Battalion Chief, Captain and Lieutenants
hereby are established, and each fire company in the Volunteer Division
shall have one Battalion Chief, one Captain, one Lieutenant for each
pumper and aerial apparatus and as many other Lieutenants as the North
Wildwood Fire Chief, in his or her sole and absolute discretion, deems
necessary for each fire company in the Volunteer Division.
(2)
The members in good standing of each fire company
in the Volunteer Division shall elect their respective Battalion Chief,
Captain and Lieutenants and, upon such election, shall forward the
names and qualifications of the elected candidates to the North Wildwood
Fire Chief who then shall insure that the candidates meet all State
of New Jersey requirements for the office to which the candidates
were elected and, upon verification of qualifications, shall certify
the election results in writing to the Mayor and governing body of
the City of North Wildwood.
B.
Powers and duties. Subject to the authority and orders
of the Fire Chief or, in his absence, the Deputy Fire Chief, Battalion
Chiefs, Captains and Lieutenants shall have the following responsibilities
and duties:
(1)
To answer and to 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 activities of members of the
Fire Department while performing their duties in accordance with the
Fire Department rules and regulations and standard operating procedures.
(4)
To have charge of, over and direct the operation of
fire apparatus, equipment and appliances in use by the Fire Department.
(5)
To supervise and/or to conduct drills.
(6)
In the absence of Fire Chief and Deputy Fire Chief,
Battalion Chiefs are to supervise and direct the response of fire
apparatus to alarms, the placement and operation of apparatus and
equipment in accordance with the Fire Departments rules and regulations
and standard operating procedures.
(7)
Personally carry out or secure the enforcement of
Fire Department rules and regulations and/or such orders as may be
given by the Fire Chief or Deputy Fire Chief and to carry out and
secure the enforcement of such orders as may be given by the incident
commander at the scene of an incident or drill in accordance with
National Incident Management System ("NIMS") requirements.
(8)
To perform other duties as directed by the Fire Chief
or other officer in charge of the Fire Department in connection with
the supervision of the Fire Department.
(9)
Battalion Chiefs shall not perform any administrative
work of the Fire Department unless specifically ordered to perform
such administrative work by the Fire Chief or Deputy Fire Chief.
C.
Qualifications. Volunteer Division Battalion Chiefs,
Captains and Lieutenants shall be members in good standing of the
fire companies that comprise the Volunteer Division and shall possess
such training and experience as is required by the Fire Department's
rules and regulations and by the State of New Jersey.
The duties of volunteer firefighters shall be
as follows:
A.
To 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.
To familiarize himself/herself thoroughly with all
forms of fire apparatus and equipment.
D.
When so ordered, to engage in drills and the operation
of fire equipment.
E.
When so ordered, to attend fire schools and courses
of study in fire department procedures.
F.
As directed, to clean, supervise and otherwise care
for Fire Department quarters and all fire apparatus and equipment
therein.
G.
To perform such other duties as may be ordered by
the Fire Chief or other officer in command thereof and as set forth
in the Fire Department's rules and regulations and/or departmental
standard operating procedures.
A.
The approval of the governing body of the City of
North Wildwood of membership in the Volunteer Division may be suspended
or revoked by the governing body of the City of North Wildwood for
just cause after notification to such member and a hearing conducted
by the governing body. No such hearing, however, shall be conducted
by the governing body unless a disciplinary complaint against a member
of the Volunteer Division has been referred to it by the governing
body's Public Safety Committee with a recommendation for suspension
or revocation of membership. The Public Safety Committee of the governing
body shall not forward to the governing body a disciplinary complaint
against a member of the Volunteer Division unless the complaint has
been referred to it by the North Wildwood City Administrator with
a recommendation for suspension or revocation of membership. The North
Wildwood City Administrator shall not forward to the Public Safety
Committee of the governing body a disciplinary complaint against a
member of the Volunteer Division unless the complaint has been referred
to the City Administrator by the North Wildwood Fire Chief with a
recommendation for suspension or revocation of membership. Disciplinary
complaints against members of the Volunteer Division for suspension
or revocation of membership in the Volunteer Division may be made
by any resident of the City of North Wildwood upon written complaint
made to the North Wildwood Fire Chief who, immediately upon receipt
of any such complaint, shall provide a copy thereof to the member
against whom the complaint has been brought. Service of a copy of
the complaint upon the member shall made either personally or by regular
first-class mail and certified mail, return receipt requested, addressed
to the member's address as it then appears on the records of the Volunteer
Division.
(1)
Just cause for suspension of membership or revocation
of membership shall include, but shall not be limited to, the following:
(a)
Willful damage to apparatus, equipment or any
property of the City of North Wildwood.
(b)
Willful damage or injury to the person or property
of others.
(c)
The unlawful taking or retention of property
of the City of North Wildwood or of others.
(d)
Willful disobedience or refusal to obey the
lawful orders of the Fire Chief and/or other superior officers of
the Fire Department while attending fires, participating in drills
or performing other departmental duties.
(e)
Being transported upon or using City equipment,
attending fires, participating in drills or performing other departmental
duties while intoxicated.
(f)
Acting in a disorderly manner at fires, drills
or any public gatherings.
(g)
Committing an assault upon any fellow member
or officer of the Fire Department or upon any other person.
(h)
Conviction of a crime.
(i)
Neglect of duty or long-continued failure to
perform Fire Department duties or to render fire services to the City
of North Wildwood.
(j)
Unnecessary speeding or violation of laws pertaining
to the driving and operation of personal motor vehicles while responding
to an alarm or emergency on streets, highways or public places or
upon private property.
(k)
Unauthorized use of City owned apparatus or
equipment or removal thereof from any fire station or permitting the
same to be done by others.
(l)
Making known the contents of any order or other
information of a confidential or departmental nature other than to
persons concerned therewith to whom the same may be directed.
(m)
Conduct unbecoming or engaging in or assisting
in the performance of any act which is prejudicial to or subversive
of the good order and discipline of the City of North Wildwood Fire
Department.
(2)
Nothing contained in this subsection shall be deemed
from prohibiting a member of the Volunteer Division from voluntarily
accepting, at any stage of review, a membership suspension or removal
recommendation that has been made pursuant to the provision of this
subsection and, in the case of acceptance of a membership suspension
or removal, the acceptance shall be reduced to a writing signed by
the member accepting the membership suspension or revocation.
B.
The North Wildwood Fire Chief shall be vested with the authority to suspend or remove any member of the Volunteer Division for failing, for two consecutive calendar years, to maintain without good cause 40% attendance at all fire calls, incident calls and drills. Removal or suspension of a member of the Volunteer Division under this subsection by the North Wildwood Fire Chief shall not require referral of the matter to the North Wildwood City Administrator in accordance with the provisions of the preceding Subsection A. Upon the suspension or removal of a member of the Volunteer Division by the North Wildwood Fire Chief pursuant to this subsection a written report thereof shall be made by the North Wildwood Fire Chief to the Mayor and governing body of the City of North Wildwood with a copy to the City of North Wildwood City Administrator.
