A Fire Department of the Borough of Netcong
is hereby established to be known as the "Netcong Fire Department."
Such Department shall consist of such charter
members as shall, within 30 days after the adoption of this chapter,
signify, in writing, their consent to become members of such Department,
and under the terms of this chapter.
[Amended 6-11-1928]
Said Department may adopt such constitution
and make such bylaws for its government, the election of new members,
its separation into different companies, and assessing of dues among
its members and the expenditure thereof, the care and management of
its property, and also all other acts and doings as may be necessary
and expedient for its protection and government as shall be in compliance
with the Constitution of the United States and of the Constitution
of the State of New Jersey or the laws thereof, or the following sections
of this chapter and such resolutions as may be passed thereunder.
[Added 6-11-1928; amended 9-12-1961; 3-13-1973; 7-12-2001 by Ord. No. 2001-14; 3-12-2009 by Ord. No.
2009-3]
A.
No person
shall become a member of the Department unless he/she is at least
18 years of age, is of good moral character and is a citizen of the
United States. All appointments to the Department shall require confirmation
by the Mayor and Council of the Borough of Netcong.
B.
No person
shall be appointed to the Department unless he or she resides within
five miles of the boundary line of the Borough of Netcong or is employed
by the Borough. Members who were appointed prior to June 30, 2013,
may continue to serve following their appointment, provided they have
achieved exempt status pursuant to N.J.S.A. 40A:14-56 or achieved
honorary membership with the Netcong Fire Department prior to or subsequent
to the adoption of this subsection and remain in good standing with
the Department following their appointment.
[Amended 9-12-2013 by Ord. No. 2013-9]
[Added 6-11-1928; amended 9-9-1999 by Ord. No. 99-21]
A.
All applicants for memberships in said Department
shall submit with such application a statement by a physician of the
physical examination of such applicant. The cost of such examination
shall be paid by the Borough of Netcong.
B.
A member of the Police Department, designated by the
Borough Administrator, shall conduct a criminal history search of
each applicant and note on each application the Police Department's
recommendation. All applicants must execute the Authorization by Subject
of Request and Privacy Act Notification are of Form SBI-212A or SBI-212B
(Request for Criminal History Record Information for a Noncriminal
Justice Purpose) for a criminal history name search identification
check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history
check shall be kept confidential. For the purposes of this check,
the Netcong Borough Police Department is hereby authorized to have
access to the Criminal History Record Information file through the
State Bureau of Investigation. The cost of such criminal history name
search shall be paid by the Borough of Netcong.
[Amended 9-10-2009 by Ord. No. 2009-14]
At the annual meeting of said Department, a
Chief and Assistant Fire Chief shall be nominated, and said nominations
shall be submitted to the Mayor and Council of the Borough of Netcong
for its approval. Upon confirmation by said Mayor and Council of the
Borough of Netcong, said Chief and Assistant Fire Chief shall hold
office for the period of one year or until their successors are nominated
and confirmed.
[Added 6-11-1928]
Total membership to said Department shall be
100.
[Added 6-11-1928]
Said Department shall be divided into companies
as the Mayor and Council of the Borough of Netcong shall by resolution
direct.
[Added 6-11-1928]
The membership in such company or companies
shall be designated by said Mayor and Council by resolution of said
governing body.
[Added 6-11-1928; amended 7-11-1972]
The Mayor and Council of the Borough of Netcong
shall at all times have full and complete control through the Fire
Committee over all members of such Department and the use and operation
of the fire apparatus of the Borough of Netcong.
[Added 7-12-2001 by Ord. No. 2001-14]
A.
Filing of complaint; contents.
(1)
Anyone who witnesses an infraction of the Department's
rules and regulations or the duly posted general orders of the Chief
by a member of the Netcong Fire Department while on duty, or a dereliction
of duty, or for good cause at any time may file a written, signed
complaint with the Chief of the Fire Department. Each member complained
of shall be considered as a separate complaint.
(2)
Each complaint must include the name of the
member complained of, the time and place of the occurrence and a description
of the incident. This complaint must be filed within five days of
the date of the incident. The postmarked date of a mailed complaint
shall constitute the filing date.
B.
Notification; hearing scheduled.
(1)
Upon receipt of a complaint by the Chief and
before any action whatsoever is taken thereon, a copy of the complaint
shall be mailed to the member complained of. This shall be done by
certified mail, and the date of the certified receipt shall constitute
the date of notice.
(2)
Upon the decision of the Chief to file a complaint
himself, he must notify the member complained of before any action
whatsoever is taken thereon.
(3)
If after due consideration at an information
hearing, at which the person making the complaint and the member complained
of may be heard, the Chief is of the opinion that the complaint is
serious enough to warrant a formal hearing, he shall, within 30 days
of the incident, schedule this hearing.
(4)
The member complained of shall receive at least
seven days' notice prior to the hearing. Witnesses may appear, and
all proper evidence presented must be considered. If a member against
whom a complaint is made fails to appear at this formal hearing without
good cause shown, the complaint shall be considered prima facie evidence
of the facts contained therein.
C.
Action to be taken.
(1)
If the Chief finds a complaint not justified,
he shall dismiss same. If the Chief finds a complaint to be justified,
he may issue a reprimand or he may suspend the member from duty for
a period up to a maximum of 90 days from the date of the hearing.
In each case a decision must be reached at this hearing.
(2)
Department hearing.
(a)
If, in the opinion of the Chief, a complaint
warrants the dismissal of a member from the Fire Department, he shall
schedule a closed Department hearing. This hearing shall be held within
60 days of the incident complained of.
(b)
The Chief shall preside at all Department hearings
except when he files the complaint being considered, in which case
the Assistant Chief shall preside.
(c)
There shall be a jury present consisting of
all Captains, Lieutenants and Engineers in the Fire Department. Each
member of this jury shall have one vote, and a majority of the same
shall decide each case. There shall be at least four jury officers
present before a case may be heard. In the event of a tie vote, the
presiding officer shall cast the deciding vote.
(d)
Witnesses may appear, and all proper evidence
presented must be considered. The member complained of shall be entitled
to counsel by anyone he chooses, and this person shall be recognized
as the defendant's legal counsel for the purpose of this hearing.
(e)
After due consideration of all the evidence
presented before them, the jury shall retire in private to deliberate
and, by secret ballot, vote on the case before them. They may return
one of three decisions:
(f)
The Chief shall accept the jury's decision as
final and so render their decision.
D.
Other complaints.
(1)
Complaints by citizens to the Mayor and Borough
Council. Any complaint received by the Mayor and Borough Council against
any member of the Fire Department, except the Chief, shall be forwarded
immediately to the Chief of the Fire Department, and may not be made
public.
(2)
Complaints against the chief. Complaints against
the Chief of the Fire Department shall be filed with the Mayor and
Borough Council for their action. Upon receipt of such a complaint,
a copy of same shall be immediately forwarded to the Chief.
