The Fire Department shall be under the direction
and control of the Council of the city as herein provided in accordance
with any rules and regulations promulgated by the Council from time
to time as it may be necessary and expedient. It shall be operated
by the officers and members of the Paid Fire Department.
The Chief of the Fire Department shall:
A.
Have general supervision and control over the Fire
Department of the city, subject only to the City Administrator.
[Amended 11-17-2003 by Ord. No. 37-2003]
B.
Be responsible for the maintenance, care and proper
condition of all fire apparatus and equipment belonging to the city
and used by the Fire Department.
C.
Keep fire equipment in the best possible condition
for immediate use and to its full efficiency.
D.
Make a written report of the condition of the apparatus
and equipment of the general fire conditions in the city to the President
and members of the Council at least once each month.
E.
Make such suggestions and recommendations as he may
deem proper or necessary to the City Administrator.
[Amended 11-17-2003 by Ord. No. 37-2003]
The Chief of the Fire Department and his assistants
or officers in command at any fire are hereby clothed with complete
police authority in the performance of their duties in accordance
with the statutes of the State of New Jersey, subject to the authority
and direction of the local and state police in the direction of traffic.
A.
In all cases of fire or fire calls or emergencies,
the Chief of the Fire Department or, in his absence, a Deputy Chief
shall have full power and absolute control and command and shall cause
the several pieces of fire apparatus and equipment to be worked in
the most advantageous manner.
B.
In the absence of the Chief and Deputy Chief, the
Shift Commander of the Fire Department designated by the Fire Chief
shall be in full command until the arrival of the Chief or Deputy
Chief.
C.
In the absence of the Chief, Deputy Chief or the Shift
Commander, the Lieutenant of the Fire Department on duty shall be
in full command until the arrival of the Chief or Deputy Chief.
The firemen shall, subject to the Chief of the
Fire Department, be vested with the care and maintenance of the fire
station and the fire apparatus and equipment therein situate, now
and hereafter owned by the city for fire purposes, subject to the
rules and regulations established by the Council aforesaid; provided,
however, that the title and ownership of any such fire apparatus or
fire equipment for fire purposes shall remain and be vested in the
City of Pleasantville.
No person shall become a member of the Fire
Department unless he possesses the following qualifications:
Any officer or member of the Fire Department
who shall be found guilty of any one or more of the following offenses
shall be subject to suspension, fine or dismissal from service:
A.
Neglect of duty.
B.
Absence without leave.
C.
Incompetency or inefficiency in the service.
D.
Violation of any lawful and reasonable official regulation
or order or failure to obey any lawful or reasonable direction made
and given to him by his superior officer.
E.
Intoxication while on duty.
F.
Conduct unbecoming an officer or employee in the public
service.
G.
Insubordination.
H.
Wantonly offensive conduct or language toward the
public or other officers or employees.
I.
Disorderly or immoral conduct.
J.
Commitment of any criminal act.
K.
Neglect of or willful damage to public property or
waste of public supplies and equipment.
L.
Intentionally making a false official report.
M.
Driving, hauling or handling any apparatus of the
Fire Department carelessly, wantonly, willfully or maliciously in
such manner as to cause injury and damage to person or property.
[Amended 11-17-2003 by Ord. No. 37-2003]
The Chief of the Fire Department is hereby given
authority to suspend any member of the Fire Department for any violation
of the rules and regulations prescribed by this article or otherwise
provided and ordered by the Council (without compensation) for a period
not exceeding five days. The Fire Chief shall report all suspensions
and other disciplinary actions imposed by him to the City Administrator/Personnel
Officer immediately.
A.
No officer or member of the Fire Department shall be suspended, removed, dismissed or reduced in rank or fined for any cause provided for by § 30-8 of this article until a written charge or charges of the cause or causes of the complaint shall have been preferred against said officer or member.
(1)
The complaint shall be signed by the person making
such charge or charges and filed in the office of the City Clerk and
with the Chief of the Department, unless the complaint is made by
the Chief, in which event the complaint shall be filed only with the
City Clerk.
(2)
A copy of the complaint shall be served upon the officer
or member charged within 15 days after the filing thereof.
B.
The Public Safety Committee of the City Council of
the City of Pleasantville shall be the hearing tribunal (referred
to as "hearing officer" or "proper authorities") for the Fire Department
with jurisdiction to conduct all disciplinary hearings and authority
to impose disciplinary action, as provided for in the Fire Department
Rules and Regulations, New Jersey Statutes and as authorized by law,
including but not limited to suspension, removal, fines and reduction
in rank. The charge or charges shall be examined by the Public Safety
Committee upon reasonable notice to the person charged. The examination
shall be commenced not less than 10 days nor more than 30 days after
the copy of such charge or charges shall has been served upon the
accused.
[Amended 7-7-1997 by Ord. No. 23-1997]
C.
Any officer or member of the Fire Department may be
suspended pending trial on charges by the Public Safety Committee
or by the Chief of the Fire Department if, in the judgment of the
Public Safety Committee or the Chief, the offense charged warrants
such suspension.
[Amended 7-7-1997 by Ord. No. 23-1997]
D.
In the event that the officer or member so charged
shall, after such hearing, be found guilty of the charges preferred,
the person so charged may be suspended, removed, dismissed, reduced
in rank or fined as may be determined by the Fire Chief and Public
Safety Committee. If such officer or member is adjudged not guilty
of the charge or charges made against him and he shall have been suspended
pending the trial, he shall be restored to duty forthwith.
[Amended 7-7-1997 by Ord. No. 23-1997]
E.
Use of subpoenas. N.J.S.A. 40A:14-20 provides the
authority to issue subpoenas to the hearing officer, which in this
case, is the Public Safety Committee for the City of Pleasantville.
The following procedure shall be used with regard to the issuing of
subpoenas:
[Added 10-20-2003 by Ord. No. 33-2003]
(1)
Any Fire Department member or his attorney prosecuting
the charges on behalf of the City who requires a subpoena to compel
the attendance of a witness at a disciplinary hearing shall provide
the following information in writing to Counsel for the Committee
at least 20 days prior to the scheduled hearing date:
(2)
(4)
The denial of any subpoena may be brought to the Superior
Court, Law Division, for enforcement pursuant to N.J.S.A. 40A:14-20.
A.
The Fire Department shall consist of the Chief, Deputy
Chiefs, Captains, Lieutenants and such number of firemen as shall
be determined and appointed by the Council from time to time.
In the event of any vacancy occurring or if City Council determines to increase the number of firemen in excess of the number employed at that time, the appointment of the same, exclusive of the Chief, Deputy Chiefs, Captains and Lieutenants, shall be made by the Council pursuant to the provisions of the testing procedure in Article III of this chapter.
