[HISTORY: Adopted by the Municipal Council of the City of Clifton 2-1-2000 by Ord. No. 6113-00. Amendments noted where applicable.]
Hazardous Materials Control Board — See Ch. 45.
Personnel policies — See Ch. 73.
Police Department — See Ch. 77.
Salaries and compensation — See Ch. 99.
Alarm devices — See Ch. 133.
Uniform Construction Codes — See Ch. 197.
Emergency medical services — See Ch. 213.
Fire limits — See Ch. 231.
Fire prevention — See Ch. 233.
Fire zones — See Ch. 235.
Editor's Note: This ordinance also repealed former Ch. 37, Fire Department, adopted as follows: Art. I, General Provisions, adopted 12-20-1960 by Ord. No. 3319 as Ch. 13 of the Revised Ordinances of the City of Clifton, 1960, as amended; Art. II, Salaries and Benefits, adopted 6-2-1980 by Ord. No. 4578-80, as amended; Art. III, Ambulance Service, adopted 11-6-1991 by Ord. No. 5549-91, as amended.
Article I Establishment; Organization
Article II Salaries and Benefits
The Fire Public Safety Department, as heretofore established, is hereby continued and shall be now known and referred to as the "Fire Department."
[Amended 3-4-2003 by Ord. No. 6338-03; 5-3-2005 by Ord. No. 6483-05; 3-3-2009 by Ord. No. 6802-09; 5-5-2009 by Ord. No. 6812-09; 1-4-2011 by Ord. No. 6918-11; 8-3-2011 by Ord. No. 6971-11; 10-6-2015 by Ord. No. 7243-15; 12-15-2015 by Ord. No. 7260-15; 9-19-2018 by Ord. No. 7476-18]
The Fire Department of the City of Clifton shall consist of the following officers and firefighters whose offices and positions are hereby continued and created, except as herein provided:
The City Manager shall appoint the Fire Chief, who shall be the commanding officer of the fire forces of the City under the supervision and direction of the City Manager.
The Fire Chief, subject to the approval of the Director of Public Safety and the City Manager, shall have control of the assignment and stationing of the members of the fire force and the direction of the fire work of the City. He shall see that members of the Fire Department properly perform their duties as defined by law and ordinances of the City, as well as by the rules and regulations governing the Fire Department. The Fire Chief shall be authorized and empowered, and it shall be his duty, to do and perform all acts and things required by general law, ordinances of the City and rules and regulations of the Fire Department. The Fire Chief shall work a minimum of 40 hours per week and, further, depending upon the existing circumstances, conditions and emergencies, such additional hours as may be necessary or required to effectively and fully carry out and perform his duties, responsibilities and functions. He shall at all times be available for duty except when excused by the City Manager. He shall perform such other duties as may be required of him by the City Manager.
The City Manager shall, in the manner provided by law, appoint such officers, assistants, subordinates and employees of the Fire Department as may be provided for.
No person shall be appointed a member of the Fire Department unless he possesses the requisite qualifications prescribed by the applicable statutes of New Jersey. No officer shall be removed from office except for the reasons established and in accordance with the procedure laid down in applicable state laws.
It shall be the duty of every member of the Fire Department to observe and enforce all laws, ordinances and rules and regulations pertaining to his duty as a fire fighter. He shall, under the supervision of the City Manager, be authorized and empowered, and it shall be his duty, to perform all acts and things required by general law, ordinances of the City and rules and regulations of the Fire Department. All members shall perform such other duties as may be required of them by the City Manager.
All promotions or changes from one rank to another in the Fire Department shall be made by the City Manager; provided, however, that no promotions from one rank to another shall be made in the Department unless the person so promoted shall have first served at least three successive years in the Department.
The management and control of the Fire Department shall be under the Chief and, in his absence, the Deputy Chiefs in accordance with their rank, subject always to the direction of the City Manager.
There are hereby adopted rules and regulations for the Fire Public Safety Department of the City of Clifton, New Jersey, for the government and discipline of the Fire Public Safety Department of the City of Clifton.
One copy of the rules and regulations for the Fire Public Safety Department of the City of Clifton, New Jersey, shall be placed on file in the office of the City Clerk and made available for public examination.
Upon passage of this chapter, a copy of the rules and regulations for the Fire Public Safety Department of the City of Clifton, New Jersey, as hereby adopted shall be furnished to each member of the Fire Public Safety Department and such other person or persons or department as is appropriate in the opinion of the Chief Public Safety Officer of the City of Clifton.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only.
[Amended 6-1-2004 by Ord. No. 6413-04]
There is established within the Fire Department the position of Fire Chaplains. There shall be five Fire Chaplains who shall be appointed by the City Manager, and they shall serve for a period of three years without salary.
Any person appointed as a Chaplain shall be a duly and regularly ordained clergyman in good standing in the religious body from which he may be selected.
[Amended 3-18-2003 by Ord. No. 6339-03]
All shift employees shall work a twenty-four-hour workday, followed by 72 hours off. This shall be reviewed after a one-year trial period (July 31, 2002 to July 31, 2003) as per the arbitrator's award.
Nothing herein contained shall be construed to mean that in times of emergency the officer or official having charge or control of the Fire Department shall be prohibited from summoning to and keeping on duty as many such firemen as shall be necessary within the sole discretion of such officer or official to cope with such emergency.
[Amended 3-18-2003 by Ord. No. 6339-03; 4-16-2008 by Ord. No. 6731-08; 2-4-2014 by Ord. No. 7136-14; 5-1-2018 by Ord. No. 7449-18]
The offices and employments enumerated herein, other than those created by statute or ordinance, be and the same are hereby created for the proper conduct of the affairs of the City, and the amounts enumerated hereinafter be and they are fixed, granted and ordered paid as regular salaries or wages to the officers and employees now or hereafter in the offices or employment enumerated.
The salary range for firefighters, Lieutenants, Captains and Deputy Chiefs shall include steps in accordance with the applicable collective bargaining agreement.
Effective January 1, 2014, the additional sum of $150 compensation per year previously paid will be reflected in the above salary guides. Effective January 1, 2014, members shall no longer receive personal days, and additional compensation will be reflected in the above salary guides.
If an employee's starting date falls between January 1 and June 30, inclusive, of a given year, his anniversary date shall be deemed to be January 1. When an employee's starting date falls between July 1 and December 31, inclusive, of a given year, his anniversary date shall be deemed to be July 1. All increment step increases set forth in Addendum A of the Collective Bargaining Agreement will take effect each year on the first day of the pay period that includes January 1 or the pay period that includes July 1, whichever is applicable to the particular employee involved based on his or her anniversary date.
Salaries and all forms of contractual increases, if any, not otherwise indicated shall be paid on the first day following the effective date of such increase.
HAZMAT Technician pay. There shall be HAZMAT Technician pay of $500. The above pay is paid to members who successfully complete OSHA or NFPA Hazardous Materials Technician Training class, participate in annual refresher training and comply with the required medical surveillance program. The HAZMAT payment is made once per year on the first pay day in February.
Whenever any unit employee is required to appear in court during his off time in any criminal action or criminal legal proceeding arising out of or incidental to the performance of his duties, said employee shall receive compensation in accordance with the terms and conditions of the applicable collective bargaining agreement.
Schools and meetings, when held on off-duty time, will be compensated in accordance with the terms and conditions of the applicable collective bargaining agreement.
[Amended 7-21-2015 by Ord. No. 7230-15]
Annual salaries shall be paid in equal semimonthly installments, and weekly and hourly wages shall be paid for such period as may be authorized by resolutions adopted from time to time by the governing body.
[Added 5-2-2017 by Ord. No. 7377-17]
All permanent employees and elected public officials who receive compensation from the City of Clifton are mandated to have direct deposit of their compensation as of July 1, 2017, in accordance with Chapter 28, P.L. 2013, as defined under N.J.S.A. 52:14-15f(b) (including paperless online pay stubs and W-2s).
Seasonal and temporary employees who are employed by the City of Clifton are exempt from the direct deposit mandate.
Municipal employees may request, in writing, an exemption from the direct deposit mandate to the City of Clifton's Personnel Director. Such requests will be presented to the City Council within 30 days. The City Council may grant such an exemption by resolution and only for good cause.
There shall be added to and made a part of the remuneration to each officer and employee an amount equal to 2% of the salary or wages fixed for each such person upon the completion of five years' cumulative service in and for the City of Clifton; an amount equal to 5% of the salary or wages fixed for each such person upon the completion of 10 years' cumulative service in and for the City of Clifton; an amount equal to 7 1/2% of the salary or wages fixed for each such person upon the completion of 15 years' cumulative service in and for the City of Clifton; an amount equal to 10% of the salary or wages fixed for each such person upon the completion of 20 years' cumulative service in and for the City of Clifton; and an amount equal to 12 1/2% of the salary or wages fixed for each such person upon the completion of 24 years' cumulative service in and for the City of Clifton. Such additional compensation shall be paid notwithstanding the maximum salary or wages hereinbefore provided for such office or employment and shall be paid at the same time and in the same manner as the salary or wages fixed pursuant to the provisions of this article.
For the purposes of this article, all periods of employment shall be deemed to have commenced on January 1 of the year of appointment or employment unless the actual date of said appointment or employment took place on or after July 1, in which case said period of employment shall be deemed to have commenced on July 1 of the year of said appointment or employment.
An interruption of service resulting from any cause beyond the control of the officer or employee, such as military service or injury in the line of duty or illness, shall be considered as service for the City of Clifton for the purpose of determining the completion of said cumulative periods of five years of service with the City.
In computing such period of cumulative service in and for the City of Clifton, credit shall be given for all prior full-time service by an officer or employee as an employee of the State of New Jersey, or any political subdivision thereof, as provided by law.
New employees hired on or after January 1, 2014, shall no longer receive additional compensation for longevity.
[Added 2-4-2014 by Ord. No. 7136-14]
[Amended 3-18-2003 by Ord. No. 6339-03; 4-16-2008 by Ord. No. 6731-08; 2-4-2014 by Ord. No. 7136-14; 5-1-2018 by Ord. No. 7449-18]
Health insurance. The City shall provide health insurance, including hospitalization, medical, dental and prescription coverage as set forth in the applicable collective bargaining agreement. Employees may select between Horizon Blue Cross/Blue Shield health insurance plans in accordance with the applicable collective bargaining agreement.
Health benefits for disabled firefighters. The City will provide health benefits to members that become totally and permanently disabled for further duty as a firefighter as the direct result of a traumatic event occurring during and as a result of the performance of duty and are awarded an accidental disability retirement benefit by the Police and Firemen's Retirement System in accordance with the applicable collective bargaining agreement and state law.
Retiree health benefits. Members that retire in accordance with the terms and conditions of the Police and Firemen's Retirement System, and applicable state law, including but not limited to N.J.S.A. 40A:10-23, shall receive medical benefits in accordance with the applicable collective bargaining agreement.
Employee and retiree contributions. All employees and retirees will pay a contribution to health insurance premiums, including prescription and dental, based upon pensionable base salary in accordance with the terms and rates set by New Jersey Statutes, including N.J.S.A. 40A:10-21.1 (P.L. 2011, Chapter 78) and N.J.S.A. 52:14-17.28 et seq., as may be amended or modified by any applicable judicial ruling or legislation in accordance with the applicable collective bargaining agreement.
[Amended 5-1-2018 by Ord. No. 7449-18]
Members shall receive life insurance in accordance with the applicable collective bargaining agreement.
Editor's Note: Former § 37-24, Optional life insurance, was repealed 12-16-2008 by Ord. No. 6783-08.
As a part of the salary ranges and longevity credit herein provided, the salary of a member of the Fire Public Safety Department shall be increased by the sum of $20 for each credit hour earned as the result of the successful completion of a course or courses for which credit is given toward a degree or associate degree in fire science or firematics, which credit hour must have been earned at and accepted by a recognized institution of higher learning offering a program leading to a degree or associate degree in fire science or firematics. Such additional remuneration shall not exceed $330 in any given calendar year, and such additional remuneration shall not exceed a total of $1,320. However, additional remuneration shall be earned in accordance with the following schedule:
Associate degree: $180 for each such associate degree to a maximum of $360 in any calendar year and a total remuneration of $1,500 for one associate degree and $1,680 for two associate degrees.
B.A. or B.S. degree: $380 in any calendar year up to a total remuneration of $1,700.
Master's degree: $580 in any calendar year up to a total remuneration of $1,900.
Such additional remuneration shall be payable commencing on his first regular payday in September of each year, retroactive to the date of completion of such credit hours, provided that there has been presented to the City Manager on or before July 15 of each year proper certification from the institution attended by said member setting forth the number of credit hours completed or the conferring of an associate or baccalaureate degree in fire science.
[Amended 5-1-2018 by Ord. No. 7449-18]
Members shall earn sick leave in accordance with the applicable collective bargaining agreement, subject to the limitations set by state statute, including but not limited to N.J.S.A. 40A:9-10.4.
Members that retire shall be paid a terminal leave benefit for unused sick time in accordance with the applicable collective bargaining agreement, subject to the limitations set by state statute, including but not limited to N.J.S.A. 40A:9-10.4.
Compensatory time shall be granted for holidays. Each shift employee shall receive 1 1/2 twenty-four-hour workdays per year, while administrative personnel shall receive three workdays per year, which shall be taken at the employee’s request in accordance with past departmental practice.
[Amended 2-4-2014 by Ord. No. 7136-14]
Additionally, during the term of this agreement, all employees covered by this agreement shall receive one day's pay at time and one-half for each of the following eight additional holidays. Said payment is reflected in the base pay salaries (Addendum A) annexed hereto.
Additional compensatory days at straight time. Shift employees shall receive one twenty-four-hour workday and administrative personnel shall receive two workdays, which compensatory time shall be in lieu of compensatory time for any and all holidays (other than or in addition to those holidays enumerated in Subsections A and C hereof above) the City's administration gives any City employees other than the members of the FMBA. If said compensatory days are not taken during the calendar year, these days will be accrued by members of the said Association.
Effective January 1, 2014, employees may use compensatory days in twelve-hour (0800-2000) or twenty-four-hour (0800-0800) blocks.
[Added 5-1-2018 by Ord. No. 7449-18]
This article shall take effect after final passage and publication as required by law.