[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 2-28-1978
by Ord. No. 621-78. Amendments noted where applicable.]
The Caldwell Volunteer Fire Department is hereby designated as the authorized
fire protection and fire prevention agency in the Borough of Caldwell as recognized
by N.J.S.A. 40A:14-7 et seq. and as otherwise required by law subject to direction
and supervision by the Mayor and Borough Council.
The Caldwell Volunteer Fire Department shall consist of two companies
known respectively as the Caldwell Volunteer Fire Company and the Caldwell
Auxiliary Fire Company.
The Caldwell Volunteer Fire Company shall be the principal fire-fighting
and fire protection and prevention unit of the Caldwell Volunteer Fire Department.
The Caldwell Auxiliary Fire Company shall be a reserve fire company
to supplement and assist the Caldwell Volunteer Fire Company in the performance
of its duties and to train prospective members of the Caldwell Volunteer Fire
Company. The activities of the Caldwell Auxiliary Fire Company shall be supervised
and directed by the Chief of the Caldwell Volunteer Fire Department.
The Chief, First Assistant Chief and Second Assistant Chief of the Caldwell
Volunteer Fire Department shall be appointed on the first day of January of
each year by the Mayor, with the advice and consent of the Borough Council,
for a term of one year, and until their successors shall be appointed and
qualified, and shall be members of the Caldwell Volunteer Fire Company. In
appointing the aforesaid officers, the Mayor and Borough Council shall give
due consideration to any recommendations for such appointments in the form
of elections of said officers by the Caldwell Volunteer Fire Company, but
such recommendations shall not be binding upon the Mayor and Borough Council.
A.
The Chief, First Assistant Chief and Second Assistant
Chief appointed by the Mayor and the line officers elected by the Caldwell
Volunteer Fire Company shall be recognized by the Mayor and Council as the
officers of the Caldwell Fire Department who are responsible for implementing
and carrying out the fire protection and fire prevention services within the
borough as required by law.
B.
The Chief, First Assistant Chief and Second Assistant
Chief appointed by the Mayor and the line officers elected by the Caldwell
Volunteer Fire Company of the Caldwell Volunteer Fire Department shall be
responsible to the Mayor and Council for implementing and carrying out the
fire protection and fire prevention services within the borough as required
by law.
Subject to due process, members or prospective members of the Caldwell
Volunteer Fire Company and the Caldwell Auxiliary Fire Company may be admitted
to membership or dismissed from membership in accordance with the provisions
of their respective constitutions and bylaws as made and provided. However,
any member or prospective member of either company may appeal his denial of
membership or dismissal by notifying the Chief of the Caldwell Volunteer Fire
Department and the Chairman of the Public Safety Committee of the Borough
Council, in writing, within 10 days of receipt of notification by him of final
action taken against him by his Company. An Appeal Board consisting of the
Public Safety Committee, the Chief of the Caldwell Volunteer Fire Department
and two members of the individual fire company from whose final action the
appellant appeals shall hold a hearing on the appeal consistent with due process
and render its decision within 30 days after the appeal was filed.
The Chief, First Assistant Chief, Second Assistant Chief and all other
line officers of the Caldwell Volunteer Fire Department shall be subject to
removal from office by the Mayor and Borough Council for just cause upon charges
brought by the Mayor, any Councilman or the Chief or other line officer of
the Caldwell Volunteer Fire Department with a hearing held thereon by the
Mayor and Borough Council, which proceedings shall all be consistent with
due process.
The Mayor and Council shall issue to each member of the Caldwell Volunteer
Fire Company and the Caldwell Auxiliary Fire Company a certificate signed
by the Mayor and attested by the Clerk that he is a duly qualified fireman
of his company. The Borough Council shall keep a book to be called "Register
of the Fire Departments," which shall contain the names of each member, the
date of his admission and his address. It shall be the responsibility of the
Chief of the Caldwell Volunteer Fire Department to submit to the Mayor and
Council all names of qualified members of their respective companies for issuance
of the aforesaid certificates and recording in the Register.
