A.
The position of paid fire fighter is hereby created in
the Borough of Madison, New Jersey.
B.
The term "paid fire fighter" shall mean and include any
person who may hereafter be appointed to such position by the Council of the
Borough of Madison and who shall be regularly employed by the borough at a
fixed annual salary for the purpose of extinguishing fires and protecting
persons and property therefrom.
[Amended 2-14-2000 by Ord. No. 2-2000]
The Paid Division of the Madison Fire Department shall consist of a
paid Fire Chief (hereinafter referred to as "Fire Chief"), two paid Captains
(hereinafter referred to as "Captains") and eleven paid fire fighters (hereinafter
referred to as "fire fighters") or such number of fire fighters as shall hereafter
be fixed and determined by ordinance.
A.
Office established; appointment; term of office.
B.
Powers and duties.
(1)
The Fire Chief shall have jurisdiction and supervision
over all personnel comprising the Madison Fire Department, both paid and volunteer,
and all apparatus and equipment used by said Department.
(2)
He shall supervise and direct, either personally or through
his subordinates, the operations and activities of the Madison Fire Department
with respect to the prevention, control and extinguishing of fires.
(3)
He shall have supervision of the Madison Fire Department
Headquarters, subject to the control of the Council of the Borough of Madison
and the Trustees of the Hartley Dodge Foundation, and shall not allow said
quarters to be used for any activities or in a manner not conducive to the
efficient and good order of the Department or which might result in any damage
to said quarters or the equipment therein.
(4)
He shall observe and direct that all fire apparatus and
equipment are kept in good and proper working condition and shall report promptly
to the Council any failure or breakdown in any apparatus or equipment, or
any damage thereto.
(5)
He shall establish such reasonable rules and regulations
pertaining to the operations of the Department and the conduct of its personnel
and issue such orders to the members of the Fire Department as may, in his
judgment, be necessary or requisite for the efficient operation of the Fire
Department and which are not in conflict with the provisions of any law or
ordinance.
(6)
He shall consult with and advise the Council of the Borough
of Madison with respect to any matters pertaining to Fire Department policy,
personnel changes, the purchase of equipment and supplies or other matters
generally relating to the efficient operation of said Department or the failure
thereof, or otherwise, as requested by said Council.
(7)
He shall make reports to the Council concerning the operations
of the Department in such form and detail as the Council may prescribe.
(8)
He shall supervise and/or direct, either personally or
through subordinates, the training of fire personnel and provide for such
instruction and drills in the use of apparatus and equipment and in Fire Department
operations as may be necessary to maintain the Department in an efficient
state.
(9)
He shall have the authority to relieve from duty any
member of the Paid or Volunteer Division of the Madison Fire Department for
any violation of law, ordinance, rule or regulation of the Department or for
any dereliction of duty and to present charges thereof to the Council of the
Borough of Madison, in accordance with law and the provisions of this chapter.
A.
Position established; appointment; terms.
B.
Powers and duties. Subject to the superior authority
and orders of the Fire Chief of the Madison Fire Department, the Captains
shall have the following duties and responsibilities:
(1)
To answer and respond to alarms of fire and to aid in
the extinguishment of fire.
(2)
When so ordered, to respond to emergency calls and to
render first aid and assistance to those in need thereof.
(3)
To supervise and direct the activities of members of
the Fire Department while performing their duties in accordance with the Department's
rules and regulations and standard operating procedures.
(4)
To have charge over and direct the operation of fire
apparatus, equipment and appliances in use in the Fire Department and to ascertain
that the same are properly cleaned and maintained in working order at all
times.
(5)
To supervise and/or conduct drills and to perform inspections
and other work of the Fire Department when so ordered to do so.
(6)
In the absence of the Chief of the Fire Department, to
supervise and direct the response of fire apparatus to alarms, the replacement
and operation of apparatus and equipment and the procedures to be followed
by Fire Department personnel.
(7)
When so requested, to assist the Fire Chief in the performance
of the administrative work of the Department.
(8)
To personally carry out or secure the enforcement of
Department rules and regulations and/or such orders as may be given by the
Fire Chief, or to carry out or secure the enforcement of such orders as may
be given by the Incident Commander at the scene of an incident or drill.
(9)
To drive fire apparatus and operate pumps and fire equipment
as required.
(10)
Subject to designation and/or appointments as provided for by the applicable provisions of this Code, to perform the duties of Fire Official in accordance with Chapter 101, Fire Department, of this Code and/or to perform the duties of Fire Subcode Official.
(11)
To perform such other duties as directed by the Fire
Chief in connection with the supervision and administration of the Fire Department.
C.
Qualifications. The qualifications for the position of
Captain shall be as provided for in the job description established by the
Fire Chief and as provided for by law.
No person shall be appointed as a fire fighter in the Paid Division
of the Madison Fire Department of the Borough of Madison unless he complies
with the following, in addition to any state or federal laws:
A.
He is a citizen of the United States.
B.
He is sound in body and in good health sufficient to
satisfy the Board of Trustees of the Police and Firemen's Retirement
System of New Jersey that he is eligible to enter the retirement system.
C.
He is able to read, write and speak the English language
well and intelligently.
D.
He is of good moral character. No person shall be so
appointed who has been convicted of any crime involving moral turpitude which,
in the judgment of the Council of the Borough of Madison, would be prejudicial
to the morale of the Fire Department.
E.
He is 18 years of age and under the age of 35 years, except as provided in § 18-8 hereof, subject to any provisions of law applicable to persons who are members or veterans of the armed services of the United States.
F.
He is physically and mentally sound and emotionally stable
and possesses the necessary ability to understand and obey orders and to perform
the duties required of a fire fighter of the Madison Fire Department to the
satisfaction of both the Fire Chief and the Council of the Borough of Madison.
G.
He is the holder of an automobile driver's license
issued by the State of New Jersey.
Whenever any appointments are hereafter made to the position of fire
fighter of the Madison Fire Department, preference shall be given to persons
who are members of the Volunteer Division of the Madison Fire Department who
shall have served as active fire fighters for not less than two years next
preceding the making of such appointment or are exempt fire fighters of the
Department, provided that such persons are between the ages of 21 and 40 years
at the time of such appointment.
The Council of the Borough of Madison may, however, employ persons to
perform the duties of fire fighters temporarily, in case of emergency, or
for parts of years where their services are not needed throughout the entire
year and discharge them at the expiration of such temporary employment. They
may be compensated for such services at such rate as the Council may from
time to time establish by ordinance and resolution.
The annual salaries of members of the Paid Division of the Madison Fire
Department shall be such as the Council of the Borough of Madison may hereafter
establish by ordinance and salary resolution.[1]
Any person who is employed by the Borough of Madison as a Captain or
fire fighter shall be on actual duty for an average of 42 hours per week;
provided, however, that the Fire Chief or other officer in charge of the Fire
Department is empowered, in times of emergency, to summon and keep on duty
any member of the Paid Division as shall be necessary, within the discretion
of such Fire Chief or officer, to cope with such emergency; provided, further,
that any member of the Paid Division kept on duty during any emergency shall
receive, during the next 12 months thereafter, compensatory time off-duty
equivalent to that during which emergency duty was performed.
A.
No fire fighter or Captain shall absent himself from
duty without the permission of the Fire Chief or other officer in charge of
the Fire Department, nor shall any on-duty fire fighter or Captain leave his
post while on duty or at the termination thereof until relieved by a properly
designated successor or substitute.
B.
Any person holding the position of Captain or fire fighter
in the Borough of Madison who shall be absent from duty without just cause
for a term of five days continuously, without leave of absence, shall, at
the expiration of such five days, cease to be a member of the Paid Division
of the Madison Fire Department.
A.
No member of the Paid Division of the Madison Fire Department
shall be removed from office or employment in the Madison Fire Department
for political reasons or for any other cause than incapacity, misconduct or
disobedience to the rules and regulations established for the government of
the Madison Fire Department.
B.
No member of the Paid Division of the Madison Fire Department
who is permanently employed by the Borough of Madison at a fixed annual salary
and whose sole occupation is that of a member of the Paid Division of the
Madison Fire Department shall be suspended, removed, fined or reduced from
office or employment therein except for just cause as hereinbefore provided
and then only after written charge or charges of the cause or causes of complaint
have been preferred against such member of the Paid Division, signed by the
person or persons making such charge or charges and filed with the Fire Chief
or other officer in charge of the Madison Fire Department and after a copy
thereof has been served upon such member of the Paid Division within 15 days
after the filing thereof and after the charge or charges have been publicly
examined by the Council of the Borough of Madison upon reasonable notice to
the person charged, which examination shall be commenced not less than 15
days nor more than 30 days after said copy of such charge or charges shall
have been so served.
C.
The Fire Chief or, in his absence, the officer in charge
thereof may relieve any member of the Paid Division from active duty as a
member of the Department pending the preference of formal charges against
him and public examination thereof by the Council. A copy of any charges preferred
against a member of the Paid Division shall also be filed with the Council
of the Borough of Madison by filing a copy thereof in the office of the Borough
Clerk.
D.
If any member of the Paid Division shall be relieved
from duty pending trial on charges, such trial shall be commenced within 30
days after service of a copy thereof upon him; otherwise, the charges shall
be dismissed and the member of the Paid Division returned to duty.
E.
It is the intent of this section to give every person
against whom a charge or charges, for any cause, may be preferred under this
chapter a fair trial upon said charge or charges and to give such person every
reasonable opportunity to make his defense, if he has or chooses to make any.
In the event of failure of compliance with any provision of this section,
such charge or charges shall be dismissed.
The duties of a fire fighter shall be as follows:
A.
To answer and respond to alarms of fire and to aid in
the extinguishment of fire.
B.
When so ordered, to respond to emergency calls and to
render first aid and assistance to those in need thereof.
C.
When so ordered, to make inspections of properties and
assist in fire prevention.
D.
To familiarize himself thoroughly with all forms of fire
apparatus and equipment.
E.
When so ordered, to engage in drills and the operation
of fire equipment.
F.
When so ordered, to attend fire schools and courses of
study in Fire Department procedures.
G.
When so specifically appointed or assigned, to drive
Fire Department apparatus and to operate pumps and other equipment.
H.
As directed, to clean, supervise and otherwise care for
the Fire Department quarters and all fire apparatus and equipment therein.
I.
To perform such other duties as may be ordered by the
Fire Chief or other officer in command thereof, as set forth in the rules
and regulations of the Madison Fire Department.
The Paid Division of the Madison Fire Department shall be under the
supervision and subject to the direction of the Chief of the Madison Fire
Department or, during his absence or incapacity, of the senior Captain. In
the event of the absence or incapacity of both the Fire Chief and Captains,
the Paid Division shall be under the supervision and subject to the direction
of the senior Volunteer Battalion Chief. The senior Volunteer Battalion Chief
shall only have charge over the Paid Division at the scene of an incident,
drill and any departmental functions outside of fire headquarters. In the
event of the absence of both the Fire Chief and the Captains from fire headquarters,
the senior fire fighter on duty shall be in charge of the day-to-day operations
of the firehouse. Supervision of the Paid Division is subject to the departmental
rules and regulations and standard operating procedures and is under the general
control of the Council of the Borough of Madison.
A.
Report of sickness or injury; physician's statements.
(1)
No fire fighter or Captain shall absent himself from
duty by reason of sickness or injury without notifying headquarters. He shall
promptly report such sickness or injury to the personnel on duty before his
next tour of duty, if possible, or in any event within 24 hours. If such sickness
or injury is of three or more shifts' duration, such member shall furnish:
(a)
A physician's statement to the Chief of the Fire
Department, within a week.
(b)
An additional physician's statement once each week
thereafter during the period of such disability, giving the cause and nature
of the illness or injury and the progress thereof and his opinion as to the
unfitness of the absentee to perform his duties.
(2)
Unless expressly exempted from this provision, in whole
or in part, by the Fire Chief or other officer in charge thereof, no fire
fighter or Captain who shall be absent from duty because of any injury or
illness requiring the services of a physician shall report to active duty
unless he shall first present to the Chief of the Fire Department or other
officer in charge thereof a final physician's statement indicating that
he is again fit for active duty.
B.
Every member of the Paid Division shall be entitled to
a leave of absence from duty, with pay, for reason of sickness or disability,
on the following basis:
(1)
During the first year of employment as a fire fighter,
one workday of sick leave shall be granted for each completed calendar month
of service.
(2)
Each member of the Paid Division shall be entitled to
12 workdays of sick leave with pay in each calendar year after he has completed
one full year of satisfactory continuous service.
C.
Unused sick leave may be accumulated as outlined in the
contract agreement between the Borough of Madison and the bargaining unit.
D.
The Council of the Borough of Madison may grant a leave
of absence, with pay, to any member of the Paid Division who shall become
injured, ill or disabled from any cause in the line of duty so as to be physically
unfit for duty during the period of such disability and physical unfitness
for duty, where such injury, illness or disability shall be evidenced by the
certificate of a physician designated by the Borough Council to examine him.
No such leave of absence with pay shall exceed one year commencing from the
date of such injury, illness or disability.
E.
In the event of a death in the immediate family of a
member of the Paid Division of the Madison Fire Department, a leave of absence,
consisting of three working days with pay, will be granted to the member.
Immediate family shall be construed as meaning and including wife, husband,
child, father, father-in-law, mother, mother-in-law, sister or brother. For
all other relatives, a one-day leave will be granted.
F.
The Fire Chief of the Borough of Madison shall be entitled
to 13 days of sick leave each year.
A.
Every member of the Paid Division of the Madison Fire
Department shall be granted a vacation annually, with pay, on the following
basis: as determined in the agreement between the Borough of Madison and the
bargaining unit.
B.
The authority for the approval of each member's
vacation schedule is vested in the Fire Chief. Preference in the selection
and assignments of vacation periods will be given by rank; in the case of
equal rank, preference shall be given according to length of service in that
rank.
C.
No member shall take his vacation in installments of
one or two days at a time, except where length of service would permit extra
vacation days. He shall take his vacation during a single continuous period
unless otherwise approved by the Fire Chief.
D.
All vacation time must be used during the calendar year
in which the same is earned and cannot be accumulated; provided, however,
that when a member delays his vacation time upon orders of the Fire Chief,
such vacation time may be rescheduled in the calendar year which immediately
follows.
E.
The vacation period will commence on January 1 in any calendar year and must be used by December 31 of said year, except as provided in Subsection D.
F.
The provisions hereof shall apply to probational fire
fighters, and probationary time shall be included in the computation of any
period of continuous service.
G.
"Continuous service" shall mean unbroken service as determined
by the borough records. Approved leaves of absence do not constitute a break
in service.
A.
Subject to the provisions of Subsections B, C, D and E of this section, when ordered by the Fire Chief or other officer in charge of the Department, any Captain or fire fighter who may perform fire duty in excess of 42 hours in any regularly assigned workweek shall be compensated therefor at the rate of overtime established by and set forth in the Salary Ordinance;[1] however, whenever any Captain or fire fighter not assigned to
standby shall perform fire duty upon any occasion not within his regularly
assigned workweek by reason of an alarm, drill or an emergency, he shall be
compensated as outlined in the contract agreement between the Borough of Madison
and the bargaining unit.
B.
Standby basis shall consist of being available and ready
for active service at such times, not within the regular working hours or
the regular tours of duty established for the various positions of employment,
as the Fire Chief or other officer in charge of the Paid Division shall order
and designate.
C.
In order that adequate coverage and protection to persons
and property may be maintained at all times, whenever an alarm of fire is
sounded or during an emergency as determined by the Fire Chief or other officer
in charge of the Department, the off-duty member of the Paid Division assigned
to perform standby shall immediately report to fire headquarters and, pursuant
to the order and direction of the Fire Chief or other officer in charge of
the Department, shall remain on duty until relieved. For such services, the
person or persons so designated to perform such duty shall be compensated
therefor at 1 1/2 times his regular hourly salary rate for the time during
which duty is actually performed, but in any event for not less than one hour
of time.
D.
Off-duty fire fighters and Captains of the Paid Division
of the Madison Fire Department, as and when so ordered by the Fire Chief or
other officer in charge of said Paid Division, shall maintain themselves in
a reserve or on a standby basis, in order that they may be readily available
to perform active duty during a fire or an emergency or to otherwise render
services within the scope of their employment. The provisions hereof shall
not apply to a Captain during any period when he is in charge of the Paid
Division by reason of the incapacity or absence from the borough of the Fire
Chief or otherwise.
E.
Whenever any member of the Paid Division shall be placed
and remain available on a standby basis, as provided in this section, he shall
receive a minimum compensation as per the contract agreement between the Borough
of Madison and the bargaining unit.
The Fire Chief or other officer in charge of the Fire Department shall
keep accurate records of the absences of every member of the Paid Division
and shall furnish a list thereof to the Borough Clerk prior to the fifth day
of the ensuing month, the same to be placed with the personnel files.
No member of the Paid Division of the Madison Fire Department shall
leave the borough in uniform except when on authorized duty. No member of
the Paid Division, while on duty, shall at any time leave the borough without
notifying the Fire Chief or other officer in charge of the Department.
Whenever the public fire services require it, the Fire Chief or other
officer in charge of the Fire Department may detail any member of the Paid
Division to any special or particular duty connected with the fire services
of the borough and, for such purposes, may send such members outside of the
borough limits, together with any apparatus or equipment required in the performance
of such special or particular public fire services. These shall include rendering
emergency services in any other community requiring assistance by reason of
fire or disaster or training, fire school or drilling with another Department
or the Morris County Fire Academy.
Every member of the Paid Division of the Borough of Madison shall be
subject to reprimand, suspension from duty without pay, reduction in rank
or dismissal, according to the nature or aggravation of the offense, for any
of the following causes or for the violation of any other rules and regulations
which may be adopted by the Council for governing the Paid Division:
A.
Intoxication or consumption of intoxicants while on duty.
B.
Willful disobedience of orders.
C.
Uttering indecent, profane or harsh language.
D.
Showing disrespect to a superior officer.
E.
Absence without leave, absence from duty without cause
or not performing duty properly.
F.
Gross ignorance of the law or the regulations of the
Department.
G.
Violation of any criminal law.
H.
Making known the contents of any order or other information
of a confidential or departmental nature other than to the person concerned
therewith to whom the same may be directed.
I.
Unbecoming conduct or engaging in or assisting in the
performance of any act which is prejudicial to or subversive of good order
and the discipline of the Department.
J.
Publicly adversely commenting on the official action
of a superior officer.
K.
Failure to report a known violation of any law of this
state or ordinance of the borough pertaining to fire, water supply, buildings
or public safety.
L.
Neglect or shirking of duty; failure to take proper action
to prevent damage to property or injuries to persons or to accomplish the
extinguishment of fires; willful damage to or gross neglect of fire apparatus
or equipment.
M.
Unnecessary speeding or violation of laws pertaining
to the driving and operation of fire apparatus and equipment on streets, highways
or other public places or on private property.
N.
Unauthorized use of borough apparatus or equipment or
removal thereof from headquarters or permitting the same to be done by others.
O.
Engaging in an altercation with, committing an assault
upon or knowingly inflicting injury upon any officer or fellow member of the
Fire Department or any borough official, property owner, tenant or bystander.
This provision shall not apply to injuries unavoidably inflicted during, incidental
to or resulting from the lawful performance of duty while attempting to restrain
interference with performance of duty or to prevent the theft of or damage
to property and equipment.
P.
The unlawful taking or retention of or the willful damage
to property of persons while performing fire duty.
Q.
Failure to properly receive and respond to an alarm of
fire.
R.
Failure to properly observe and obey any of the provisions
of this chapter and the rules and regulations as set forth by the Council
of the Borough of Madison.
No member of the Paid Division of the Borough of Madison shall have
in his possession or keep for the consumption at fire headquarters or have
on his person while on duty or in uniform any intoxicating liquor or narcotic.
No fire fighter of the Borough of Madison shall, while on duty or in uniform,
drink any intoxicating liquor or ingest any narcotic.
No member of the Paid Division shall report for duty after taking or
take in any form while on duty any medicine or drug which might in any way
be detrimental to performance of his duties without the express permission
of the Fire Chief of the Fire Department or other officer in charge. In this
respect, members of the Paid Division are required to learn from their physicians
the nature of any medicine prescribed for them.
Any member of the Paid Division who shall report for duty in an unfit
condition or who, while on duty, shall become physically unfit, believed to
be due to the use of intoxicants, drugs or narcotics, shall immediately be
reported to the Fire Chief or other officer in charge of the Department and
shall be examined immediately by a reputable physician.
