[Adopted 8-16-2000 by Ord. No. 1747 (Ch. 17, Art. III, of
the 1989 Code)]
The Municipal Council of the Borough of Hawthorne does hereby
determine that it is appropriate and necessary to ensure retention
of existing members of the volunteer firefighter and first aid units
in the Borough and further provide incentive for the recruitment of
new volunteer members. The Municipal Council has determined that the
creation of a Length of Service Awards Program will enhance the ability
of the volunteer firefighter and ambulance corps to further those
objectives.
A Length of Service Awards Program (LOSAP) is hereby created in accordance with Chapter 388 of the Laws of 1997 (N.J.S.A. 40A:14-183) to reward members of the Hawthorne Fire Department and Hawthorne Volunteer Ambulance Corps in recognition of their loyal, diligent and dedicated service to the citizens of the Borough of Hawthorne.
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
established herein; that such contributions shall be made in accordance
with a plan that shall be established by the Borough of Hawthorne
in accordance with P.L. 1997, c. 388; and that such plan shall be
administered in accordance with the Laws of the State of New Jersey,
the United States Internal Revenue Code and this article.
The LOSAP shall provide contributions to a deferred income account
for each volunteer member that meets the following criteria:
A.
One hundred points must be earned in a calendar year for a member
of a volunteer fire company to be eligible for an annual contribution.
Two hundred fifty points must be earned in a calendar year for a member
of a volunteer ambulance corps to be eligible for an annual contribution.
B.
Five years of service are required for vesting. Active service accrued
during the most recent ten-year period shall be counted towards meeting
such requirement.
C.
The maximum amount of the award to each eligible member shall be
equal to 75% of the maximum authorized by New Jersey Department of
Community Affairs, Division of Local Government Services, or $862.50.
The maximum amount to be awarded shall be increased in proportion
to and at the same percentage as any increase in the maximum amount
authorized at law, utilizing the formula set forth in the authorizing
statute, and as published by the Division of Local Government Services.
The maximum is currently set at $1,150.
The estimated cost of the program has been calculated as $120,750
for the initial year of the program.
Each active volunteer member of a volunteer fire company or
ambulance corps shall be awarded points in accordance with the following
schedules, annexed hereto as schedules A and B,[1] respectively.
[1]
Editor's Note: Schedules A and B are located at the end of
this chapter.
In accordance with N.J.S.A. 40A:14-191, the Fire Chief and the
Ambulance Corps Director shall each furnish to the Municipal Council
an annual certification list, certified under oath, of all volunteer
members who have qualified for credit under the award program for
the previous year. Except for medical leave due to injury sustained
in the line of duty, any excusal or leave of absence or medical leave
in excess of three months shall disqualify the member from eligibility
for a credit for that year. The list shall be submitted annually.
Notwithstanding the provisions of this section, a volunteer member
may request that the member's name be deleted from the list as a participant
in the LOSAP. A request for deletion shall be in writing and shall
remain effective until withdrawn in the same manner. The Municipal
Council shall review the eligibility list furnished by the Fire Chief
and Ambulance Director and the same shall be posted for review by
the members for at least 30 days. A member whose name does not appear
on the eligibility list may appeal within 30 days of posting of the
same. The appeal shall be in writing and mailed to the Municipal Clerk.
The Municipal Council shall investigate the appeal and render a decision
regarding the appeal. The determination of the Municipal Council shall
be subject to appropriate judicial review.
This article shall not take effect unless approved by the voters
as a public question at the next general election. The following referendum
question shall be submitted to the voters of the Borough of Hawthorne
on November 7, 2000, at the general election:
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Shall the Borough of Hawthorne be authorized to establish a
Length of Service Awards Program for the volunteer firefighters and
ambulance corps members that serve the Borough, pursuant to the following
terms and conditions:
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1.
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The program shall provide for annual contributions to a deferred
income account for each active volunteer member that meets the eligibility
criteria and in accordance with the schedule adopted by the Borough
of Hawthorne.
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2.
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The proposed annual contribution for an active member for the
initial year of the program is $862.50. This sum shall be increased
in the same percentage as any increase in the maximum amount permitted
by law, currently $1,150.
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3.
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The estimated cost for the program has been calculated to be
$120,750 for the first year of the program.
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[1]
Editor's Note: This article was approved by the voters at
the general election held 11-7-2000.
