[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 3-15-2022 by Ord. No. 2022-04.[1] Amendments noted where applicable.]
A.
There shall be an organization known as the "East Rutherford Emergency
Squad" to respond to the emergency medical needs and render ambulance
and first aid services in accordance with this chapter and all applicable
federal and state statutes, rules and regulations and in accordance
with all bylaws and regulations established by the Squad, to the residents
and visitors of the Borough of East Rutherford and other mutual aid
municipalities. The Squad shall no longer operate under the East Rutherford
Fire Department, its regulations, and standard operating guidelines,
but shall continue operating as a volunteer emergency squad. Until
the adoption of its constitution, bylaws, and regulations, the Squad
shall report to the Councilmember who has been appointed by governing
body of the Borough of East Rutherford.
B.
The Emergency Squad shall operate under the requirements of the National
Incident Management System. In incidents that require the response
of both the Fire Department and Emergency Squad, Emergency Squad resources
and personnel shall fall within the incident command structure established
by the Fire Department's Incident Commander, except that the
Fire Department Incident Commander, or any member of the Fire Department,
shall not direct Emergency Squad members on the delivery of first
aid and/or emergency medical services.
The Councilmember who has been appointed by the governing body
as the Fire Commissioner shall act as the Squad Commissioner. The
Squad shall continue to operate and act at the direction of the officers,
who have previously been appointed by the Squad and the Mayor and
Council pursuant to the requirements of this chapter.
A.
The internal government and management of the Squad shall be according
to such constitution, rules and bylaws as may be adopted by the members
of the Squad and approved by the Mayor and Council as well as any
policies and/or procedures either adopted by the Mayor and Council
or implemented by the Borough Administrator. All members of the Squad
shall have the status of Borough employees for purposes of personnel
policies and procedures as required either by law and/or the Borough's
insurance coverage.
B.
The members of the Squad shall meet at least monthly, and the President
shall be the presiding officer at all meetings. In the absence of
the President, the next line officer, in order of rank and precedence,
who is present shall preside. The President shall report at least
monthly to the Fire/EMS Commissioner or, if he or she so designates,
the Borough Administrator on the activities and condition of the Emergency
Squad, including its personnel, equipment, and facilities.
A.
Business officers. Business officers shall consist of the President,
Vice President, Secretary and Treasurer. Business officers shall be
responsible for all activities of the Squad, expenditure of funds
and fund-raising, except that they shall not be responsible for those
activities directly related to the providing of first aid or emergency
services, responsibility for which shall be limited to the line officers.
All business officers shall be elected in accordance with the constitution
and bylaws of the Squad.
B.
Line officers. Line officers of the Squad shall consist of Captain,
First Lieutenant and Second 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 Squad.
C.
Any officer in the Squad may be removed from office at any time by
the East Rutherford Mayor and Council for neglect of duty or other
just cause after charges thereof have been made and sustained, following
a hearing before the East Rutherford Mayor and Council.
The Board of Officers shall consist of all line officers and
administrative officers of the Squad and shall meet at least monthly.
The President and Secretary shall serve as Chairperson and Vice Chairperson,
respectively, of the Board. All officers shall perform such duties
as assigned by the President and shall prepare and submit reports
of their activities for the month at the Board meeting. Required reports
shall include at a minimum:
A.
A report of the Squad's service, training, and response activities
for the month;
B.
A report of the members' credited service for the month; and
C.
A report of all personnel actions and membership changes, including
elections, suspensions, transfers, resignations, and retirements of
members for the month.
A.
The Captain and officers of the Emergency Squad shall be elected
annually, in a manner prescribed by the Squad's bylaws, by the
members of the Squad. Any vacancy in any office shall be filled via
an election for the remainder of the unexpired term.
B.
Notification of the election, resignation, suspension, or termination
of any officer shall be made within five days to the Borough Clerk
who shall forward the same to the Mayor and Council. All officers
shall be sworn in by the Mayor, or his or her designee, in January
of each year, or in the case of filling a vacancy, within 10 days
of their election.
A.
Candidates for membership in the Emergency Squad shall be evaluated
and selected in a manner prescribed by the Board of Officers. All
members shall fulfill the membership requirements as established in
the constitution and bylaws of the Squad, shall successfully complete
a police background check by the East Rutherford Police Department
and must meet all of the qualifications and requirements established
by this chapter. The names and addresses of all newly selected members
shall be forwarded to the Borough Clerk who shall place said names
on the agenda of the next Council Meeting for consideration for appointment
by the Mayor with the advice and consent of the Borough Council. Notification
of the transfer, resignation, suspension, or termination of any member
shall be made within 10 days to the Borough Clerk who shall forward
the same to the Mayor and Council.
B.
The President shall designate an officer to maintain a roster of
the members of the East Rutherford Emergency Squad which shall contain,
at a minimum, the name, address, phone number, email address and date
of birth of all members of the Squad. No person may be added to the
roster who has not been approved by the Mayor and Council.
C.
All members, except junior members, must be 18 years of age or older.
A.
The East Rutherford Mayor and Council shall provide to the Squad
certain apparatus, equipment, and the use of certain facilities. It
shall be the responsibility of the Squad to maintain this equipment,
apparatus and facilities to the extent directed to do so by the East
Rutherford Mayor and Council, and the Squad shall provide periodic
reports to the East Rutherford Mayor and Council regarding these apparatus,
equipment, and facilities. Continued use of this equipment, apparatus
and facilities shall be within the sole discretion of the East Rutherford
Mayor and Council and shall only continue for as long as the East
Rutherford Mayor and Council believe that said equipment, apparatus
and facilities are being used properly and in accordance with the
requirements of this chapter.
B.
The apparatus, equipment and funds of the Squad shall be used only
for the purposes for which the Squad is established, including training
purposes, and also including participation in parades and official
ceremonies unless so authorized by the Captain.
C.
No member of the Squad shall tamper with apparatus or equipment,
or fix or repair the same, unless so authorized by the Captain or,
in his absence, the First Lieutenant or, in the absence of the Captain
and the First Lieutenant, the Second Lieutenant.
D.
The acquisition of any apparatus or equipment, the making of any
purchase or the entering into of any contract, the cost or contract
price of which, in whole or in part, is to be paid with or out of
public funds, shall be acquired, made, or entered into only in accordance
with applicable law and the Borough's standard purchasing procedures.
E.
The Squad shall provide to the EMS Commissioner and the East Rutherford
Mayor and Council annually, or more frequently, if requested to do
so, a full report, audit, and accounting of the status of all apparatus
and equipment and a complete income and expense statement showing
all funds received and expended during the period of the report.
A.
Within 60 days of the adoption of this chapter, the Squad shall provide
to the East Rutherford Mayor and Council a certified copy of the constitution
and bylaws of the East Rutherford Emergency Squad. Members of the
East Rutherford Emergency Squad shall adopt a constitution and bylaws
not inconsistent with the terms and provisions of this chapter, which
shall be subject to the approval of the East Rutherford Mayor and
Council. Copies of any duly adopted and approved constitution or bylaws
shall be filed with the Borough Clerk.
B.
At any time the constitution and bylaws are amended, said amendments
must be provided to the East Rutherford Mayor and Council and approved
by said East Rutherford Mayor and Council. The East Rutherford Mayor
and Council reserves the right to amend portions of this chapter,
even to the extent that they conflict with the constitution and bylaws,
as adopted by the Squad, and in such event the constitution and/or
bylaws shall be deemed amended in accordance with any ordinance which
contradicts or modifies them.
