[Ord. No. 304-01]
a.
The Police Department of the Borough of West Cape May is hereby abolished
as of midnight, January 1, 2002, and from that point forward, police
services for West Cape May will be provided by the City of Cape May
pursuant to an interlocal services agreement between the two municipalities.
b.
The West Cape May Police Department shall cease all operations and
activities at midnight, January 1, 2002, save for those operations
and activities necessary to ensure a smooth transition to the provision
of police services under the interlocal services agreement.
[1]
Editor's Note: The Police Department of the Borough of West
Cape May, previously codified herein and containing Ordinance Nos.
207-93 and 241-96, was abolished by Ordinance No. 304-01.
[Ord. No. 430-09 § 1]
a.
The West Cape May Volunteer Fire Company shall be the fire company
for the Borough of West Cape May, and shall provide fire protection
services to the Borough and its residents.
b.
Pursuant to N.J.S.A. 40A:14-68, the West Cape May Volunteer Fire
Company shall be under the supervision and control of the Borough
of West Cape May, relative to providing fire protection and emergency
services, and shall be deemed to be exercising a governmental function
in performing fire duty for the Borough.
c.
In accordance with N.J.S.A. 40:14-68, the West Cape May Volunteer
Fire Company shall enter into a Memorandum of Understanding with the
Borough of West Cape May embodying the terms and conditions governing
its designation as the Borough's Fire Company.
d.
The Memorandum of Understanding shall be subject to review every
five years, and subject to any amendments to this section, and the
governing laws which authorize the contract between the Borough and
the Fire Company.
e.
In accordance with N.J.S.A. 40:72,4 the Director of the Department
of Public Affairs and Public Safety shall have responsibility for
the West Cape May Volunteer Fire Company.
[Ord. No. 430-09 § 2]
a.
The Borough of West Cape May shall provide annual financial appropriations
to the West Cape May Volunteer Fire Company pursuant to the provisions
of N.J.S.A. 40A:14-33, and subject to the limitations set forth in
N.J.S.A. 40A:14-34. All funds provided to the company by the Borough
shall be dedicated and accounted for to the Board of Commissioners
on an annual basis, as required by N.J.S.A. 40A:14-34.
b.
The West Cape May Volunteer Fire Company shall follow all purchasing
procedures as set forth by 40A:11-1 et seq.
c.
The West Cape May Volunteer Fire Company shall submit its annual
budget to the Board of Commissioners no later than December 31st of
each year.
[Ord. No. 430-09 § 2]
a.
No person shall become a member of the West Cape May Volunteer Fire
Company unless he/she is above the age of 18.
b.
Every person seeking to become a member of the West Cape May Volunteer
Fire Company shall submit a written application consistent with the
bylaws of the Fire Company, which bylaws shall be incorporated by
reference into the Memorandum of Understanding.
c.
Pursuant to the requirements of N.J.S.A. 40A:14-68, the Fire Company's
members shall retain the right to appoint or elect a Chief of the
Fire Company, consistent with its certificate of incorporation or
bylaws.
[Added 7-22-2020 by Ord. No. 584-20]
a.
A Length of Service Award Program (LOSAP) is herewith in accordance
with N.J.S.A. 40A:14-183, Chapter 388 of the Laws of 1997, to reward
members of the West Cape May Volunteer Fire Company for their loyal,
diligent, and devoted services to the residents of the Borough of
West Cape May.
b.
Pursuant to N.J.S.A. 40A:14-189, the LOSAP shall provide for an annual
contribution of $1,150 to a deferred income account for each qualifying
active volunteer member who achieves a year of active emergency service
in any calendar year under the criteria set forth in this article,
beginning with the calendar year starting on January 1 of the year
following the adoption of the referendum authorizing the LOSAP, and
accumulates the minimum number of points calculated pursuant to the
schedule set forth in this article. These contributions shall be made
in accordance with a plan that shall be established by the Borough
Commission pursuant to P.L. 1997, c. 388. This 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 regular annual
contribution is subject to the permitted increases based on the consumer
price index factor set forth in N.J.S.A. 40A:14-185.
c.
Active volunteer members shall be eligible to participate in the
LOSAP immediately upon the commencement of their performance of active
emergency services and shall be eligible to vest in the LOSAP when
they have completed at least five years of emergency service in any
emergency service organization in the state, as allowed by N.J.S.A.
40A:14-188(a).
d.
Pursuant to N.J.S.A. 40A:14-184, as a condition of eligibility for
participation in the Borough's LOSAP program, the Fire Company bylaws
must minimally define an active (in quota) volunteer member eligible
for participation in the LOSAP program (i.e., a member must make 50%
of fires and drills to be active).
e.
The LOSAP shall also provide for an annual prior years' service contribution
to those active volunteer members who have at least 20 prior years'
active service on the effective date of the LOSAP of no more than
$1,150 per year for five years and subject to maximum contribution
limitations imposed by N.J.S.A. 40A:14-189(b). The Borough Commission
shall review the membership rosters of the emergency service organizations
to determine the number of prior year's credit for each participant
on the LOSAP's effective date and to determine which active volunteer
members are entitled to the prior years' service contribution. Pursuant
to N.J.S.A. 40A:14-188(d), the definition of years of active emergency
service shall be determined by the bylaws of the participating emergency
service organization at the time service was earned. Approval for
such prior service shall require certification by the duly designated
persons, as determined and defined by the sponsoring agency of the
participating emergency service organization. If an active volunteer
member requests credit for service in more than one volunteer participating
emergency service organization, each such emergency service organization
shall provide a certification for the appropriate number of years.
That credit may be awarded at the discretion of the sponsoring agency
of the plan in which the volunteer member seeks to apply the credit.
In no event, however, shall a participant be credited for the same
year of active emergency service in more than one service award program
f.
Each active volunteer member shall be credited with points for volunteer
services provided to the Volunteer Fire Company in accordance with
the following schedule:
1.
To qualify for the LOSAP a qualified Fire Department volunteer must
be an active member and accrue at least 50 points in each and every
calendar year. Points are to be calculated as follows:
(a)
Drills. Members receive 25 points if they attend 50% of drills
annually. (Drilling points are capped at 25 points per calendar year.)
(b)
Emergency responses. Members receive 25 points for attending
50% of emergency responses annually (total emergency response call
points are capped at 25 per calendar year). Example: If a qualified
member responds to 67% of total emergency response calls for the year
then 25 points will be awarded. If the qualified member only responds
to 5% of total emergency response calls then 0 points will be awarded.
(c)
Training. Members receive 25 points for attending at least 50%
of drills annually. Training points are capped at 25 points per calendar
year.
(d)
Meetings. Member receive 25 points for attending at least 50%
of Fire Company official meetings. Meetings carry a cap of 25 points
per calendar year.
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Qualified Meetings:
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Individual Monthly Fire Company or Special Meeting
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Designated Subcommittee Meeting
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Line Officer Meeting
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Recognized nonprofit or governmental state or county fire or
rescue squad association or organization
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Borough Commission
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(e)
Elected and appointed officers. All officers are to receive
upon completion of each calendar year served in their respected position
25 points.
(1)
Chief.
(2)
Assistant Chief.
(3)
Deputy Chief.
(4)
Captain.
(5)
Lieutenant.
(6)
Past Chief.
(7)
Safety Officer.
(8)
President.
(9)
Vice President.
(10)
Treasurer.
(11)
Assistant Treasurer.
(12)
Secretary.
(13)
Assistant Secretary.
(14)
Such other positions as determined by Fire Company's Bylaws
and accepted by the Borough.
g.
Each participating emergency service organization shall furnish to
the Borough Commission with an annual certification list, certified
under oath, of all volunteer members. The list shall identify the
active volunteer members who have qualified for credit under the LOSAP
for the previous calendar year. Volunteer members may request the
deletion of their names from the list in writing, pursuant to N.J.S.A.
40A:14-191, and may appeal the absence of their name from the list,
or may appeal the denial of past service credit, within 30 days of
the posting of the list or notice of the denial of the credit. The
appeal shall be in writing and shall be mailed to the Borough Clerk.
The Borough Commission, or its designee, shall investigate the appeal.
The Borough Commission shall decide the appeal, by a resolution, adopted
after an investigation of the matter. In computing the credits for
active volunteer members who serve as paid employees of the Borough,
credit shall not be given for activities performed during the individual's
regularly assigned work periods in accordance with N.J.S.A. 40A:14-188(e).
h.
The estimated cost of the program has been calculated as follows:
i.
Should any portion of this section be adjudged by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or repeal the remainder of this section.
