The conduct of the Fire Department on active duty shall be as
follows; The Chief shall be in command at all times after the apparatus
leaves the fire headquarters, and, in his absence, command shall fall
to the highest ranking officer until his superior arrives.
The Township Committee shall make an annual inspection of the
Fire Department on the second Tuesday of October or at such times
as it shall specify. All members of the Department shall be present
with personal equipment owned by the Township unless specifically
excused by the Fire Chief. The reason for any absence shall be brought
to the attention of the Township Committee.
In the event of an emergency in another municipality, the Fire
Commissioner, the Chief or the Assistant Fire Chief shall have the
power to direct any fire company or companies to respond to an out-of-town
fire alarm for the purpose of assisting in the protection and preservation
of life or property when so requested by the proper officials of the
municipality seeking aid.
A.
Disciplinary action. Department members regardless of rank, shall
be subject to disciplinary action according to the nature or the aggravation
of the offense for violating the Department rules and/or regulations;
for committing an offense punishable under the laws or statutes of
the United States, the State of New Jersey or municipal ordinances;
or for failure, either willfully or through negligence or incompetence,
to obey any lawful instruction of a superior officer. Disciplinary
action, in all cases, will be decided on the merits of each case and
in conformity with the Department rules and regulations.
B.
Procedures for filing charges.
(1)
Recommendations for charges against a member shall be presented in
writing to a Department officer (on forms provided by the Department)
within 10 days of knowledge of the incident. The charges shall be
followed by specifications including an approximate time, date, location,
witnesses, and all information pertinent to the charges. NOTE: THE
FORM MUST BE SIGNED BY THE PERSON BRINGING THE CHARGES OR THE FORM
WILL BE CONSIDERED INVALID. All charges and allegations will be heard
using a hearing format.
(2)
Upon the filing of an appeal by the affected Fire Department member,
any suspension or other disciplinary action imposed shall be stayed
until such time as there is a final disposition of the appeal. Notwithstanding
the foregoing, however, such disciplinary action should not be stayed
if the Township Administrator, in his sole discretion, feels that
it would not be in the best interests of the Fire Department and the
Township to stay such disciplinary action pending final disposition.
C.
Hearing and prosecutions. In all matters, the Board of Fire Officers
shall hold the hearing with the Chief of Department, or Assistant
Chief of Department serving as Chairman; the hearing will start within
10 workdays of the return receipt of the certified mailing or within
the first available date since the event occurred. In this time frame,
the Chairman shall notify the accused with a written copy of the complaint
delivered via certified mail. At that time, the Chairman will notify
witnesses and participants as to the date and time in which the hearing
will commence. Each side may request one postponement for up to a
maximum of 30 business days. A minimum of five officers must be present
to convene the hearings. The Department secretary or Junior Lieutenant
shall keep correct minutes at all proceedings. Should the defendant
plead guilty to the charges, the Board shall set penalties to commence
immediately. Should a member demonstrate willful intent to inhibit
the progress of the Board in any way, he/she shall be considered to
be in contempt of the Fire Department. The Board, at this time, may
vote for the member's dismissal from the Department.
(1)
In the event that the Chief of Department is the recipient of said
charges, the next highest ranking Fire Officer, up until the rank
of Battalion Chief, will assume the responsibilities as Chairman of
the Board. If all options have been exhausted, then the most recent
Ex-Chief will assume the responsibilities as Chairman of the Board.
D.
Appeals.
(1)
In all cases, the accused may, within 10 business days, appeal the
decision rendered by the Board. NOTE: THE APPEAL MUST BE IN WRITING.
The letter requesting such an appeal must state the reasons why the
defendant feels an appeal is warranted. The appeals board will be
made up of five active Ex-Chiefs, with the last Ex-Chief, in descending
order, acting as Chairman of the Board. An active Ex-Chief of the
Department shall be in good standing with the Rochelle Park Fire Department.
No member of the hearing board shall serve on the appeals board. In
the event there is an insufficient amount of Ex-Chiefs to form an
appeals board, the most senior active firefighter (in descending order)
shall serve on the board. No member shall serve on the appeals boards
where a conflict of interest is in the obvious. Should there be evidence
of impropriety or misconduct, in the above proceedings, the hearing
board shall retain the right to appeal the decision of the appeals
board to the Township Committee.
(2)
The Chairman of the appeals committee shall appoint a secretary,
who shall keep accurate minutes of all proceedings. Said minutes shall
be retained indefinitely with the personnel file of the member.
(3)
The appeals board retains the right to uphold, adjust, and/or dismiss
the decision of the hearing board. The Chairman of the appeals board
shall notify, in writing, the Chairman of the hearing board, the defendant
and complainant outlining the results of the proceedings, and the
reasons for the decision. In the event the appeals board upholds or
adjusts the decision of the hearing board, such decision shall be
placed within the accused member's personnel file. In the event that
the board rules in favor of the defendant, all records of the proceedings
shall be removed from the defendant's personnel file and he/she shall
be awarded all credits based upon his/her average percentage for the
six-month period prior to the event in question.
(4)
After exhausting the above procedures, the defendant has the right
to make an appeal to the Township Committee of the Township of Rochelle
Park.
(5)
Such appeal must be filed, in writing, with the Township Committee,
with a copy to the Township Attorney and Township Administrator within
10 days of receipt of the decision of the Appeals Board. If no appeal
is timely filed, the discipline previously imposed shall be deemed
final and not subject to appeal.
E.
F.
Filing charges.[1]
[1]
Editor's Note: The related form is included as an attachment to this chapter.
Members of the Fire Department who have performed 50% of their
required fire duty prior to November 1 shall be compensated as provided
in the Salary Ordinance of the Township.
A.
Any active fireman may become an inactive member of the Fire Department
after having served 25 years as an active fireman, regardless of age,
and shall receive compensation according to the following:
(1)
For 25 years of active service, he shall receive full annual compensation.
Such an inactive member, upon application to the Commissioner through
the Board of Fire Officers, shall have the same rights and privileges
as any active member, except that he shall neither perform the duties
of an active member nor serve as or vote for any officers of the Fire
Department. Said inactive members, wishing to resign, shall file a
resignation with the Fire Commissioner through the Fire Department
Board of Officers, who in turn shall notify the Township Committee.
B.
Any member in good standing of the Fire Department who is permanently
unable to perform fire duties by reason of injury sustained when performing
fire duties shall, upon certification by the Township Physician that
such injury is permanent, be entitled to compensation, to be set by
the governing body.
C.
Any active member who has completed 25 years of active service and
wishes to remain an active member shall receive his full annual compensation,
provided that he has performed 40% of the regular fire duty prior
to November 1 of any given year.
D.
Any active member who has become incapacitated and, upon being examined
by the Fire Department Physician, is found to be unable to perform
active duty, may become an inactive member and shall receive the following
compensation, provided that such member remains a resident of Rochelle
Park.
