A. 
The Fire Department of the city shall consist of fully paid officers and members.
B. 
The headquarters of the Pleasantville Fire Department shall be in the firehouse situate on First Street and Washington Avenue.
The Fire Department shall be under the direction and control of the Council of the city as herein provided in accordance with any rules and regulations promulgated by the Council from time to time as it may be necessary and expedient. It shall be operated by the officers and members of the Paid Fire Department.
The Chief of the Fire Department shall:
A. 
Have general supervision and control over the Fire Department of the city, subject only to the City Administrator.
[Amended 11-17-2003 by Ord. No. 37-2003]
B. 
Be responsible for the maintenance, care and proper condition of all fire apparatus and equipment belonging to the city and used by the Fire Department.
C. 
Keep fire equipment in the best possible condition for immediate use and to its full efficiency.
D. 
Make a written report of the condition of the apparatus and equipment of the general fire conditions in the city to the President and members of the Council at least once each month.
E. 
Make such suggestions and recommendations as he may deem proper or necessary to the City Administrator.
[Amended 11-17-2003 by Ord. No. 37-2003]
The Chief of the Fire Department and his assistants or officers in command at any fire are hereby clothed with complete police authority in the performance of their duties in accordance with the statutes of the State of New Jersey, subject to the authority and direction of the local and state police in the direction of traffic.
A. 
In all cases of fire or fire calls or emergencies, the Chief of the Fire Department or, in his absence, a Deputy Chief shall have full power and absolute control and command and shall cause the several pieces of fire apparatus and equipment to be worked in the most advantageous manner.
B. 
In the absence of the Chief and Deputy Chief, the Shift Commander of the Fire Department designated by the Fire Chief shall be in full command until the arrival of the Chief or Deputy Chief.
C. 
In the absence of the Chief, Deputy Chief or the Shift Commander, the Lieutenant of the Fire Department on duty shall be in full command until the arrival of the Chief or Deputy Chief.
The firemen shall, subject to the Chief of the Fire Department, be vested with the care and maintenance of the fire station and the fire apparatus and equipment therein situate, now and hereafter owned by the city for fire purposes, subject to the rules and regulations established by the Council aforesaid; provided, however, that the title and ownership of any such fire apparatus or fire equipment for fire purposes shall remain and be vested in the City of Pleasantville.
No person shall become a member of the Fire Department unless he possesses the following qualifications:
A. 
Citizen of the United States.
B. 
The ability to read, write and speak the English language and is of good moral character.
C. 
Good health and sound body, certified as such by a reputable physician.
D. 
Not less than 18 years of age nor more than 35 years of age.
Any officer or member of the Fire Department who shall be found guilty of any one or more of the following offenses shall be subject to suspension, fine or dismissal from service:
A. 
Neglect of duty.
B. 
Absence without leave.
C. 
Incompetency or inefficiency in the service.
D. 
Violation of any lawful and reasonable official regulation or order or failure to obey any lawful or reasonable direction made and given to him by his superior officer.
E. 
Intoxication while on duty.
F. 
Conduct unbecoming an officer or employee in the public service.
G. 
Insubordination.
H. 
Wantonly offensive conduct or language toward the public or other officers or employees.
I. 
Disorderly or immoral conduct.
J. 
Commitment of any criminal act.
K. 
Neglect of or willful damage to public property or waste of public supplies and equipment.
L. 
Intentionally making a false official report.
M. 
Driving, hauling or handling any apparatus of the Fire Department carelessly, wantonly, willfully or maliciously in such manner as to cause injury and damage to person or property.
[Amended 11-17-2003 by Ord. No. 37-2003]
The Chief of the Fire Department is hereby given authority to suspend any member of the Fire Department for any violation of the rules and regulations prescribed by this article or otherwise provided and ordered by the Council (without compensation) for a period not exceeding five days. The Fire Chief shall report all suspensions and other disciplinary actions imposed by him to the City Administrator/Personnel Officer immediately.
A. 
No officer or member of the Fire Department shall be suspended, removed, dismissed or reduced in rank or fined for any cause provided for by § 30-8 of this article until a written charge or charges of the cause or causes of the complaint shall have been preferred against said officer or member.
(1) 
The complaint shall be signed by the person making such charge or charges and filed in the office of the City Clerk and with the Chief of the Department, unless the complaint is made by the Chief, in which event the complaint shall be filed only with the City Clerk.
(2) 
A copy of the complaint shall be served upon the officer or member charged within 15 days after the filing thereof.
B. 
The Public Safety Committee of the City Council of the City of Pleasantville shall be the hearing tribunal (referred to as "hearing officer" or "proper authorities") for the Fire Department with jurisdiction to conduct all disciplinary hearings and authority to impose disciplinary action, as provided for in the Fire Department Rules and Regulations, New Jersey Statutes and as authorized by law, including but not limited to suspension, removal, fines and reduction in rank. The charge or charges shall be examined by the Public Safety Committee upon reasonable notice to the person charged. The examination shall be commenced not less than 10 days nor more than 30 days after the copy of such charge or charges shall has been served upon the accused.
[Amended 7-7-1997 by Ord. No. 23-1997]
C. 
Any officer or member of the Fire Department may be suspended pending trial on charges by the Public Safety Committee or by the Chief of the Fire Department if, in the judgment of the Public Safety Committee or the Chief, the offense charged warrants such suspension.
[Amended 7-7-1997 by Ord. No. 23-1997]
D. 
In the event that the officer or member so charged shall, after such hearing, be found guilty of the charges preferred, the person so charged may be suspended, removed, dismissed, reduced in rank or fined as may be determined by the Fire Chief and Public Safety Committee. If such officer or member is adjudged not guilty of the charge or charges made against him and he shall have been suspended pending the trial, he shall be restored to duty forthwith.
[Amended 7-7-1997 by Ord. No. 23-1997]
E. 
Use of subpoenas. N.J.S.A. 40A:14-20 provides the authority to issue subpoenas to the hearing officer, which in this case, is the Public Safety Committee for the City of Pleasantville. The following procedure shall be used with regard to the issuing of subpoenas:
[Added 10-20-2003 by Ord. No. 33-2003]
(1) 
Any Fire Department member or his attorney prosecuting the charges on behalf of the City who requires a subpoena to compel the attendance of a witness at a disciplinary hearing shall provide the following information in writing to Counsel for the Committee at least 20 days prior to the scheduled hearing date:
(a) 
The name and address of the witness(s).
(b) 
A short statement of the reason that testimony of the witness(s) is needed and the expected subject matter of his testimony
(c) 
Any special needs of the witness.
(2) 
Issuance of subpoena.
(a) 
The request shall be transmitted by Counsel for the Committee to the individual committee members who shall:
[1] 
Immediately arrange for the issuance of a subpoena; or
[2] 
Deny the request, in writing, with reasons stated for the denial.
(b) 
When a subpoena is issued, the Committee shall instruct the City Clerk to actually issue the subpoena.
(3) 
The Committee may deny to issue subpoenas if, in their discretion:
(a) 
The witness' testimony will solely be duplicative of previous witness testimony or other evidence already introduced.
(b) 
The subpoena request appears to be for the purpose of delay, harassment or is requested in bad faith.
(4) 
The denial of any subpoena may be brought to the Superior Court, Law Division, for enforcement pursuant to N.J.S.A. 40A:14-20.
A. 
The Fire Department shall consist of the Chief, Deputy Chiefs, Captains, Lieutenants and such number of firemen as shall be determined and appointed by the Council from time to time.
B. 
Each appointee named in Subsection A of this section shall be appointed by the Council and receive such compensation and perform fire duties as shall be assigned by the Fire Chief.
In the event of any vacancy occurring or if City Council determines to increase the number of firemen in excess of the number employed at that time, the appointment of the same, exclusive of the Chief, Deputy Chiefs, Captains and Lieutenants, shall be made by the Council pursuant to the provisions of the testing procedure in Article III of this chapter.