[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-15-1971 by Ord. No. 631R as
Ch. 13, Art. I, of the 1971 Code]
A Fire Department, referred to in this article
as the "Department," is hereby created. It shall consist of a Chief
Engineer, sometimes referred to as the Chief of the Fire Department,
and a First and Second Assistant Engineer, the Fanwood Fire Company,
and such other companies as the Council may from time to time by ordinance
provide.
A.
The Chief Engineer, the First and Second Assistant
Engineers, and all other officers shall be elected by ballot, annually,
by the active members of the Department, on the third Tuesday in December,
to serve for a term of one year beginning January 1 of the following
year or until their successors are elected. A majority of the whole
number of votes cast shall constitute an election.
B.
Any vacancy occurring in an office shall be filled
for the unexpired term at the meeting then convened, or at the first
regular meeting thereafter, or at a special meeting called for that
purpose.
The Chief Engineer and the First and Second
Assistant Engineers shall constitute the Board of Engineers of the
Department. The Board of Engineers shall, subject to the approval
of the Council, make such rules and regulations for conducting the
Department not inconsistent with the laws of this state or the ordinances
of the Borough, as it may deem advisable.
A.
The Chief Engineer and the First and Second Assistant
Engineers are hereby vested with all the powers of police officers
while going to, attending, or returning from an alarm of fire.
B.
The Chief Engineer shall, in case of fire, take prompt
and efficient measures to extinguish the same. The Chief Engineer
shall, at all times and on all occasions of alarm of fire, have sole
command of the fire apparatus and over all members of the Department
and all other persons assisting the Department in cases of actual
fire. In the absence of the Chief Engineer, the First and Second Assistant
Engineers shall assume command in the order of their rank.
[Amended 12-28-1999 by Ord. No. 99-25R]
C.
The Chief Engineer shall examine, or cause to be examined,
at least once a month all fire apparatus and fire houses of the Department,
and shall report the results of such examination at the monthly meetings
of the Council, with such recommendations as the Chief Engineer may
deem necessary and proper.
[Amended 12-28-1999 by Ord. No. 99-25R]
[Amended 12-28-1999 by Ord. No. 99-25R]
Upon the election of any person to membership
by any company constituted as herein provided, the secretary of the
company shall transmit to the Clerk the name of the person elected.
If the Board of Engineers approves of the election of such person
and the Council confirms it, the Clerk shall thereupon issue a certificate
that said person is a duly qualified member of the Fire Department
of the Borough and a member of the company to which the individual
is elected. The person so elected a member shall be supplied with
a badge by the Council.
[Adopted 8-12-1999 by Ord. No. 99-18R[1]]
A.
The Borough deems it appropriate and necessary to
act to ensure retention of existing members and to provide them incentives
for recruiting new volunteer members for the Fanwood Rescue Squad
(FRS) and the Fanwood Fire Department (FFD).
B.
The Borough has determined that the creation of a
Length of Service Awards Program (LOSAP) will enhance the ability
of the Borough to retain and recruit volunteer FRS and FFD members.
C.
On November
2, 1999, the voters of the Borough approved a ballot question providing
for LOSAP in the Borough.
[Added 7-15-2014 by Ord.
No. 14-10R]
LOSAP is created, in accordance with Chapter
388 of the Laws of 1997,[1] to reward active volunteer members of the FRS and the
FFD for their loyal, diligent and devoted services to the residents
of the Borough.
[1]
Editor's Note: See N.J.S.A. 40A:14-185.
[Amended 7-15-2014 by Ord. No. 14-10R]
A.
LOSAP shall provide for fixed annual contributions
to a deferred income account for each active volunteer member of the
FRS and the FFD who meets the criteria set forth below.
B.
Such contributions shall be made in accordance with
a plan established by the Borough and administered in accordance with
the laws of the State of New Jersey, the United States Internal Revenue
Code and this article, and as previously approved by the voters of
the Borough.
[Amended 11-12-2007 by Ord. No. 07-20R]
LOSAP shall provide for annual contributions
to each eligible, active volunteer member of the FRS and the FFD who
meet the criteria as follows:
A.
The number of points required for an active year of
service for an active volunteer FRS or FFD member is 50. In the event
that the active volunteer is a member of both the FRS and the FFD
and seeks an annual contribution from both, the number of points required
is 100.
B.
An active volunteer member of the FRS shall not be
eligible if on probation; or, in the case of an active volunteer member
of the FFD, shall not be eligible if on probation or inactive status.
If an active volunteer member is a member of both the FRS and the
FFD and is either on probation in the case of the FRS or on probation
or inactive status in the case of the FFD, that person will not be
permitted to receive an annual contribution for being a member of
both.
D.
Any new active volunteer member of the FRS or the
FFD shall not become eligible to participate in LOSAP until the next
calendar year after coming off probation in the case of the FRS or
FFD or no longer on inactive status in the case of the FFD only. Any
active member of both but new to either the FRS or the FRD shall not
become eligible to participate in LOSAP for both until the next calendar
year after coming off probation in the case of the FRS or FFD or no
longer on inactive status in the case of the FFD only.
E.
Current active volunteer members, as of the date that
the voters approve LOSAP, shall become immediately eligible to participate
in LOSAP.
F.
Any active volunteer member of the FRS or the FFD
who obtains 50 points or more will receive $500 deferred contribution
for his/her active volunteer status on the FRS or FFD, as the case
may be, together with automatic annual cost of living adjustments
commencing in 2014. For purposes of the annual cost of living adjustments
to be paid in 2014 for 2013, each applicable member was to have received
the sum of $600. For purposes of the annual cost of living adjustment
to be paid in 2015 for 2014, the CPI between the year 2000 and the
year 2014 shall apply and each applicable member shall receive for
the year 2014 to be paid in 2015 the sum of $713, and shall receive
an automatic annual cost of living adjustment each year thereafter.
Any active volunteer member of the FRS and FFD who obtains 100 points
or more will receive $1,426 deferred contribution for his/her active
volunteer status on the FRS and the FFD and shall receive an automatic
annual cost of living adjustment in 2015 and each year thereafter.
[Amended 7-15-2014 by Ord. No. 14-10R; 4-6-2015 by Ord. No. 15-03R]
H.
Any active volunteer member of either the FRS and/or
the FFD, who is receiving a public pension from or through the State
of New Jersey, shall be permitted to receive such deferred contribution
unless otherwise prohibited by law.
LOSAP shall not provide for contributions for
prior services by any active volunteer member of the FRS or the FFD.
[1]
Editor's Note: Former § 34-11, Costs, amended 11-12-2007
by Ord. No. 07-20R, was repealed 7-15-2014 by Ord. No. 14-10R.
[Amended 11-12-2007 by Ord. No. 07-20R]
Each active volunteer member shall be credited
with points for volunteer services provided to the FRS and/or the
FFD in accordance with the attached schedules.[1]
[1]
Editor's Note: The schedule containing the
LOSAP point system is on file in the Borough offices.
[Amended 7-15-2014 by Ord. No. 14-10R]
LOSAP became effective in calendar year 2000 as of January 1,
2000.