Borough of East Rutherford, NJ: Emergency Squad

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Editor's Note: This ordinance also repealed former Ch. 20, Emergency Squad, adopted 1-1-1982 as Sec. 6-3 of the 1982 Recodification, as amended.

§ 20-1 Creation, purpose and continuation of Emergency Squad Services.

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.

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.

§ 20-2 Transition period.

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.

§ 20-3 Internal management; personnel policies.

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.

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.

§ 20-4 Officers.

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.

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.

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.

§ 20-5 Board of Officers.

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 report of the Squad's service, training, and response activities for the month;

A report of the members' credited service for the month; and

A report of all personnel actions and membership changes, including elections, suspensions, transfers, resignations, and retirements of members for the month.

§ 20-6 Election of Captain and officers; terms of office.

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.

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.

§ 20-7 Selection of members; roster of members.

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.

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.

All members, except junior members, must be 18 years of age or older.

§ 20-8 Apparatus, equipment and facilities.

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.

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.

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.

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.

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.

§ 20-9 Constitution and bylaws.

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.

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.