[1]
The enabling statute for ordinances relating to Fire Departments
is R.S. 40A:14-7, et seq.
[Ord. #904, § 3; Ord. #84-27, § 4.4;
New]
There is hereby established a Fire Department in the City which
shall be under the jurisdiction and control of the Director of the
Department, who may be the Fire Chief.
[Ord. #904, § 3; amended 12-22-2022 by Ord. No. 22-19]
The personnel of the Department of Fire and Rescue Services
(hereinafter, the “Department”) shall consist of one Fire
Chief (also referred to as Director and Chief Engineer), Deputy Fire
Chiefs as needed and such number of Battalion Chiefs, captains as
may be deemed necessary, and such number of regular paid firefighters
and Emergency Medical Technicians and other employees as the needs
of the Department may require to operate the Department and equipment
in an efficient manner; the personnel of the Department shall rank
in seniority in the order hereinabove stated.
Prior subsection 6-13.2, Definitions, previously codified herein
was repealed 12-22-2022 by Ord. No. 22-19. Prior history includes
Ord. #904, § 3.
[Ord. #904, § 3; amended 12-22-2022 by Ord. No. 22-19]
All appointments and promotions shall be subject to the probationary
periods as required by the Civil Service laws and rules.
[Ord. #904, § 2; amended 12-22-2022 by Ord. No. 22-19]
In addition to other powers and duties conferred upon him by
law, the Director of the Department shall have the following powers
and duties with relation to the Department of Fire and Rescue Services.
a.
He shall exercise authority and control over fire stations, property,
paraphernalia, equipment and apparatus now or hereafter owned by the
City and used or to be used for the protection of property from destruction
by fire, and the execution of all duties as necessary when called
upon for emergency operations.
b.
He shall provide quarters for fire station purposes, purchase engines,
trucks and other apparatus, furniture, paraphernalia, equipment and
supplies, and undertake such repairs as he deems expedient or advisable;
provided no expenditure for any purpose shall be made except from
appropriations made by the City Council.
c.
He shall recommend to the appointing authority the appointment of
such officers, firefighters and other employees as he deems necessary
or expedient to efficiently govern, maintain and operate the Department.
d.
He shall promulgate such rules and regulations, not inconsistent
with the laws of the State or ordinances of the City, for the government
and control of the Department as may be necessary to make the Department
efficient. These rules shall prescribe the duties of the Fire Chief,
Deputy Fire Chiefs, Battalion Chiefs, captains and all other members
of the Department, and may provide such penalties as are necessary
or expedient. These rules shall be established by the City Council
by resolution and shall be binding upon all officers and members of
the Department; provided that copies of these rules and regulations
shall be supplied by the Department and delivery of at least one (1)
copy thereof shall be made to each officer and member of the department
and written receipt obtained therefor.
e.
He shall suspend any officer, member or employee of the Department
for sufficient cause upon written charges; and remove any officer,
member or employee of the Department for cause after the service of
charges and a hearing for violation of rules and regulations promulgated
pursuant to this Chapter, and in accordance with the statutes relating
to Civil Service. At the hearing, any officer, member or employee
shall be afforded the opportunity to defend himself or herself and
be represented by counsel. The Fire Chief shall have the power to
suspend any officer, member or employee of the Department for misconduct
or disobedience of rules and regulations in emergencies.
f.
He shall have entire charge and control of all officers, members
and employees, property, paraphernalia, equipment, apparatus and supplies
of the Department to execute or maintain all things necessary for
its efficient operation.
[Ord. #904, § 4; amended 12-22-2022 by Ord. No. 22-19]
The Fire Chief shall have authority to assign officers and firefighters
to such fire stations of the City as he deems proper, and also to
detail such officers and members to such duty in connection with the
Department as he deems for the best interest of the Department. He
shall perform such other duties as devolve upon him by the laws of
the State and by ordinance of the City. He shall have sole and entire
command at fires and alarms of fire and over all members of the Department,
apparatus and appurtenances belonging to the Department. In the absence
or disability of the Fire Chief the Deputy Chief on duty shall assume
command and perform the duties of the Chief. In the absence or disability
of any superior officer other than the Chief, the Chief shall have
full power and authority to designate in a temporary and acting capacity
such person as he considers proper to perform the duties of the superior
rank for the time being.
[Ord. #94-12, § 1; amended 12-22-2022 by Ord. No. 22-19]
All applicants for appointment to or for promotion within the
Police Department or Fire Department shall be qualified for appointment
or promotion as required by law, ordinance and Civil Service rules
and regulations. All applicants for appointment shall be residents
of the City of Ocean City and must maintain continuous residency within
the City of Ocean City from the announced closing date of the New
Jersey Department of Personnel Examination up to and including the
date of appointment.
[Amended 12-22-2022 by Ord. No. 22-19]
All officers and members serving in the Fire Department shall severally hold their respective offices and positions and continue in their respective employments during good behavior and efficiency and shall not be removed from office or employment in the Fire Department for political reasons, or for any other cause except for incapacity, misconduct, or disobedience of such rules and regulations which are or may be established for the government of the Department. Removal for the reasons above mentioned shall not be made without written charges preferred and a fair and impartial trial had thereon as provided in subsection 6-14.1e.
[Ord. #904, § 7; amended 12-22-2022 by Ord. No. 22-19]
Annual vacations shall be granted in accordance with the employee’s
current collective bargaining agreement.
[Ord. #904, §§ 8—9; amended 12-22-2022 by Ord. No.
22-19]
Every permanent officer and member of the Department shall be
granted sick leave with pay as outlined in the employee’s current
collective bargaining agreement.
[Ord. #904, § 11; amended 12-22-2022 by Ord. No. 22-19]
The working hours of the personnel of the Fire Department shall
be in accordance with the employee’s current collective bargaining
agreement.
[Ord. #904, § 10; amended 12-22-2022 by Ord. No. 22-19]
The annual salaries of employees in the Fire Department shall
be be in accordance with the employee’s current collective bargaining
agreement.
