The qualifications of candidates for election
to the offices of Chief, Assistant Chief and Deputy Chief shall be
as follows:
A.
The Chief shall be an ex-Captain with seven years
service in the Fire Department. He/she shall also serve one year as
either Assistant Chief or, in the alternative, be an ex-Chief and
meet all state requirements as well as an approved FEMA course.
B.
The Assistant Chief and Deputy Chief shall be ex-Captains,
with a minimum of two years' experience as Captain at the time of
swearing in and a minimum of six years' experience in the Dumont Fire
Department. All candidates shall also meet all state requirements.
Time as an acting officer does not count towards eligibility requirements.
[Amended 3-15-2011 by Ord. No. 1427]
C.
Only active members, including nonresident members,
may be a candidate for these offices.
The nomination of candidates for election to
the offices of Chief, Assistant Chief and Deputy Chief shall be as
follows:
A.
All nominations for said offices shall be proposed
by the fire companies of which the nominees are members.
B.
Each fire company shall submit by letter listing its candidate for
the Chief's position by the first November Fire Board meeting. Each
company may select a candidate for one of the said offices, it being
understood that at the November Fire Board meeting, no company shall
have more than one nominee for the Chiefs position, except as set
forth herein below.
[Amended 3-17-2015 by Ord. No. 1484]
C.
In the event that one of the Chief's positions does not have a nominee
at the first November Fire Board meeting, a second member from one
of the two fire companies who already has a member nominated can be
nominated for said vacant position. A letter from the fire company
nominating the second Chief nominee shall be submitted by the second
November Fire Board meeting setting forth the name and position for
which the second company nominee is being nominated.
[Added 3-17-2015 by Ord.
No. 1484]
A.
Elections to the offices of Chief, Assistant Chief
and Deputy Chief shall be held at the Borough Hall on the second Saturday
following the December meeting of the Board of Fire Officers.
B.
The polls shall open at 7:00 p.m. and close at 8:00
p.m. All voting shall be under the supervision of the Board of Fire
Officers. Each company shall appoint a Teller and Alternate, and,
upon the closing of the polls, the Tellers shall announce the number
of ballots cast and certify the results to the Board of Fire Officers
immediately. No candidate standing for election to the Board of Fire
Officers shall be appointed as a Teller.
C.
Only active members of the Fire Department may vote.
In the event that an active member is ill, on leave of absence, or
required to be absent by reason of employment, his/her absentee ballot
shall be accepted. All absentee ballots shall be obtained from the
Secretary of the Board of Fire Officers and returned to said Secretary
not less than eight days prior to the date of election and before
the closing of the polls.
D.
Any active member of the Fire Department who has not
attended 40% of the fire calls and drills within the limits of the
Borough during the calendar year in which the election is held shall
be ineligible to vote at the annual elections.
E.
If two members are nominated from the same fire company for the office
of Chief, Assistant Chief, or Deputy Chief, both members shall be
permitted to take the offices they were nominated for; provided the
following:
[Added 3-17-2015 by Ord.
No. 1484]
(1)
Both members are qualified for the positions they are nominated for
in accordance with the New Jersey State Division of Fire and Safety
and all Borough Ordinances for the Borough of Dumont.
(2)
No other members from the remaining fire companies have qualified
members to run.
(3)
No other members from the remaining fire companies have nominated
a member for the position.
F.
In the event of a tie for the election of a Chief,
Assistant Chief or Deputy Chief, there shall be a new election for
the tied office within 10 days from the date of the tied election.
G.
If more than one nonresident member is nominated for
the office of Chief, Assistant Chief and Deputy Chief, the nonresident
member elected to the highest office shall be permitted to take office,
and any other nonresident member elected to a lesser office shall
not be permitted to take office. The purpose of this provision is
to provide that there shall be only one nonresident member serving
as a Chief Officer on the Board of Fire Officers at any one time.
A.
The Chief, Assistant Chief and Deputy Chief shall
serve as such officers of the Fire Department and as members of the
Board of Fire Officers for the term of one year or until the election
of their successors.
B.
The Chief, Assistant Chief and Deputy Chief shall be eligible for
reelection; provided, however, that the Chief shall not serve for
more than four consecutive terms.
[Amended 3-17-2015 by Ord. No. 1484]
C.
The Chief may be succeeded by any qualified member of the Department,
be it from his/her own company or any other.
[Amended 3-17-2015 by Ord. No. 1484]
[Amended 3-15-2011 by Ord. No. 1427]
In the event of a vacancy occurring in the office
of Chief, Assistant Chief or Deputy Chief, the Fire Board will wait
one month and then the Fire Board shall meet and vote on whether to
have an election or appoint a Duty Officer for the remainder of the
term.
Final decisions on all nonfirematic activity
will remain the privy of the Mayor and Council. The Chief, Assistant
Chief and Deputy Chief shall, under normal circumstances, be subject
to the orders of the Mayor and the liaison of the Fire Committee and
the Borough Administrator; provided, however, that such subordination
shall not be effective in the event of a fire or a departmental drill.
A.
In the absence of the Chief, the Assistant Chief or
the Deputy Chief, respectively, shall have all of the powers and authority
of the Chief.
B.
In answering a fire alarm, the officer in command
of the company first arriving at the scene of the fire shall assume
the duties of the Chief until the arrival of a superior officer.
The Chief shall:
A.
Make a complete report monthly of all fires occurring
during the preceding calendar month. Said report shall include the
location and probable cause, the loss or damage sustained, the amount
of fire insurance, the number of firemen actively present, the condition
of the various pieces of equipment of the Fire Department, and any
specific information requested by the Mayor and Council.
B.
Recommend to the Mayor and Council the installation
of new hydrants where necessary and the repair of any hydrants in
a defective condition.
C.
Perform such duties and exercise such powers as may
be conferred upon the Chief by any other provisions of this chapter.
D.
Upon leaving office, the Chief shall present to the
succeeding Chief all documents, such as fire membership, financial
and training records maintained by the Chief. Said records shall then
be stored in the office of the Chief at the Borough Hall.
E.
No Chief shall remove and relocate any equipment from
any apparatus to another without the consent and approval of the Fire
Board. The Chief must have just cause and justification to do the
same. It shall be the duty of the Chiefs to see that all equipment
purchased is necessary and placed on the proper apparatus. There is
not to be duplication of any equipment without the consent and approval
of the entire Fire Board. This does not include day-to-day equipment
such as hose and hand tools, but rather fans, saws, extrication tools,
etc.
A.
In the event of any charges made against the Chief,
the Assistant Chief or Deputy Chief for failure to comply with Fire
Departmental rules and regulations or with ordinances of the Borough
relating to conflagrations, such charges shall be heard and determined
first by the Borough Administrator, and if not resolved, then by the
Mayor and Council.
B.
Any of said officers against whom charges are made
shall have the right to appear either pro se or with counsel, for
the purpose of answering such charges.
C.
In the event any charge or charges are substantiated,
the Mayor and Council may demote, suspend or expel the Chief, Assistant
Chief or Deputy Chief against whom the charge or charges were made.
Any determination made by the Mayor and Council shall be final and
conclusive.
Upon retiring from office, a Chief shall be
permitted to wear gold gear until his/her retirement from the Dumont
Fire Department. An ex-Chief shall be permitted to wear a gold ex-Chief's
badge at all times until his/her retirement from the Department.
