[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
9-3-1985 by Ord. No. 2013. Amendments noted where applicable.]
GENERAL REFERENCES
Length of Service Awards Program — See Ch. 42.
There is hereby established a department for volunteer ambulance service,
known as the Bergenfield Volunteer Ambulance Corps, Inc., which shall be the
basic life emergency medical service unit for the Borough of Bergenfield.
As used in this chapter, the following terms shall have the meanings
indicated:
A member of the Council appointed by the governing body.
The Bergenfield Volunteer Ambulance Corps, Inc.
The managing body of the Bergenfield Volunteer Ambulance Corps, Inc.,
specifically the President, Vice President, Secretary, Treasurer, Financial
Secretary and Corresponding Secretary.
The Captain, First Lieutenant and Second Lieutenant of the Corps.
The Corps shall, in emergencies, and when called upon, render ambulance
and emergency medical service in accordance with this chapter and with all
applicable federal and state statutes, rules and regulations, and in accordance
with all bylaws, rules and regulations established hereunder.
A.
The Corps shall consist of active members, including
officers, but may include such number of additional inactive members as may
be determined in the Corps' bylaws.
B.
As a condition for membership and continued membership
in the Corps, each member shall:
(1)
Be at least 18 years of age;
(2)
Be in good physical condition and be capable of carrying
safely, with another Corps member, an adult weighing 175 pounds, on pieces
of equipment normally used by the Corps in the performance of its duties;
(3)
Be able to speak, write, read and understand the English
language;
(4)
Hold a current valid New Jersey Driver's license and
conform to residency requirements as provided in the bylaws; and
(5)
All active riding members will hold current training
certificates as specified by the New Jersey State Department of Health or
the New Jersey State First Aid Council. (Prior to expiration of the New Jersey
State First Aid Council certification, they will be expected to complete the
New Jersey State Department of Health EMP program). All active riding members
will hold current American Heart Association CPR cards.
C.
All appointments to and terminations from the Corps shall
be submitted to the Mayor and Council for its review.
An applicant for membership in the Corps shall:
The officers of the Corps shall consist of a Captain, First Lieutenant,
Second Lieutenant, all of whom shall be active members of the Corps at the
time of their election and throughout the period during which they hold such
office.
A.
The election of the officers of the Corps shall take
place at the meeting of the Corps, by closed ballot, with no proxy voting
permitted, and election to any office shall be by a majority of the votes
cast for that office by those present.
B.
The officers so elected shall enter upon the duties of
their offices on the first day of January following their election, and shall
serve for a period of one year and until their successors are elected and
qualified.
C.
In the event of a vacancy in any office, the unexpired
term shall be filled at the next regular meeting of the Corps, and each member
of the Corps shall receive written notification at least 48 hours in advance,
advising of the vacancy and stating that the same be filled by election at
such meeting. Elections to fill vacancies shall be by ballot in the manner
described above respecting the election of officers at the annual election.
A.
Captain. The Captain shall be in charge of the actual
operation of the Corps, including its equipment and shall be responsible for
the good order of such equipment. He shall conduct drills; prepare and post
all duty rosters; inspect annually the driver's license and Five Point Program
certificates or EMT certificate of each member; report monthly to the Mayor
and Council, through the Commissioner, with respect to the condition of all
apparatus and equipment of the Corps, the activities of the Corps, the status
of its membership and shall provide such other information concerning the
Corps as may be required from time to time by the Commissioner or the Mayor
and Council.
B.
First Lieutenant. The First Lieutenant shall assist the
Captain and in his absence shall perform all of his duties.
C.
Second Lieutenant. The Second Lieutenant shall assist
the Captain and the First Lieutenant and in the absence of the First Lieutenant
shall perform all of his duties or in the absence of both the First Lieutenant
and Captain the duties of the Captain.
D.
The acquisition of any apparatus or equipment, the making
of any purchase, or the entering of any contract, the cost or contract price
of which, in whole or in part, is to be paid, with or out of public funds,
shall be acquired, made or entered into only in accordance with applicable
law and the Borough's standard purchasing procedures.
A.
The Corps is hereby authorized and empowered to adopt,
amend and supplement bylaws, rules and regulations which shall provide for
the administration and operation of the Corps and prescribe the duties and
rules of conduct of the members hereof, and shall contain such other matters
as are necessary or useful for the proper functioning of the Corps. Said bylaws
shall be filed with the Mayor and Council.
B.
Said bylaws, rules and regulations and any amendments
or supplements thereto may be adopted by a two-thirds vote of the membership
present and voting at a meeting of the membership of the Corps. Notice of
such proposed bylaws, rules and regulations, and amendments and supplements
thereto, shall be posted on the bulletin board in the Corps building at least
seven days prior to the date of such meeting.
A.
Grounds for expulsion. Failure to obey a lawful order
of a line officer, insubordination to a line officer, negligent or willful
improper conduct in the performance of duty (including practice drills, training
sessions, inspections, emergency calls or other Corps duties), violation of
the provisions of this chapter or any other applicable ordinance or statute
or any applicable rule or regulation adopted thereunder, or of the bylaws
or rules and regulations of the Corps, shall constitute grounds for suspension
or expulsion of a member of the Corps.
B.
If the Captain or any other line officer has reason to believe that there are grounds for the expulsion or suspension of any Corps member for any of the reasons set out in Subsection A above, he shall prepare a written statement of the charges against such member. If such charges are made by a line officer other than the Captain, the charges shall be promptly delivered to the Captain after such written statement is prepared.
C.
The President shall fix a date, time and place when such
charges shall be heard by at least five members of the Board of Trustees of
the Corps and shall cause to be served upon the Corps member so charged a
written copy of the charges against him, together with a written notice of
the date, time and place when such charges shall be heard by the Board of
Trustees of the Corps, provided that such hearing shall be held not less than
10 days after the written charges and the written notice of hearing are served
upon the Corps member whose conduct is the subject of such charges. The President
shall also cause notice of such hearing to be given to each Board member not
less than five days prior to the date fixed therefor.
D.
At the hearing to be held before the Board membership,
the Captain shall present the grounds therefor and the reasons why such charges
were made, and any facts and information (including testimony by anyone having
knowledge which relates to the charges) which he believes substantiates the
charges. Any Corps member shall have the right to present any information
or facts which may relate thereto. The Corps member who is charged with misconduct
shall have the right to present any information or facts which may relate
thereto. The Corps member who is charged with misconduct shall have the right
to be heard with respect to such charges and to present such information or
facts as he believes relate to the charges or his defense thereto, including
the testimony of persons having knowledge or information which relates thereto.
The Corps member who is charged shall also have the right to appear with an
attorney, provided that any cost thereof shall be at such Corps member's sole
cost and expense.
E.
At the conclusion of the hearing, the Board members present
shall vote to determine guilt or innocence of the member and, if guilty, whether
the member found guilty should be expelled from membership or suspended. Any
findings of guilt and the imposition of any penalty shall require a majority
vote of those Board members present. The result of the hearing shall, promptly
thereafter, be reported to the Mayor and Council by the President.
F.
The Captain shall have the right to suspend any member of the Corps for any of the reasons set out in Subsection A if the Captain determines that there are reasonable grounds to believe that the member has committed one or more of the acts described in Subsection A and if he determines that the charges are sufficiently serious to require immediate action, provided that the Captain shall first give the member an opportunity to be heard. Following such suspension, the Captain shall forthwith prepare a written charge, which shall be forthwith served upon the member and the President and, if the member, suspended so demands, then notwithstanding the notice provisions of Subsection C, trial of such charges shall be held within five days from the date of such suspension, and the President shall give at least three days' written notice thereof to all Board members and to the Mayor and Council.
G.
If any member shall be expelled or suspended from the
Corps, such member may appeal such removal or suspension to the Mayor and
Council. Such appeal shall be made by giving notice thereof to the secretary
of the Corps and to the Borough Clerk within 10 days after notice of such
expulsion or suspension is given to such member. The Mayor and Council shall
hear the matter de novo and may affirm such expulsion or suspension if it
finds the member guilty, or if it finds the member guilty but believes the
penalty imposed to be unduly severe, it may reduce such penalty; or if it
finds the member not guilty, it shall forthwith reinstate him as an active
member of the Corps.
A.
Any member who, by reason of injury or illness, shall
become temporarily unable to perform the duties required of a Corps member
shall be placed on inactive status. If, after a period of six months on inactive
status the member shall remain unable to perform the duties of a Corps member,
such inability shall be deemed permanent, and the member shall be retired
from the Corps; however, if it shall be established to the satisfaction of
the Corps that such disability is not permanent, such inactive status may
be continued for an additional period of time not to exceed six months.
B.
If at any time, by reason of accident or illness or otherwise,
the Captain, in his judgment, believes that there exists a question as to
whether a member is able to perform the duties of a Corps member, the Captain
may instruct such member to obtain a physical examination by a physician licensed
in the State of New Jersey for this purpose of determining the member's ability
to fulfill the duties of a Corps members. If the report of such examination
shall show the member's inability to perform the duties of a Corps member,
such member shall be retired from the Corps.
A.
If, at any time, the Captain determines that any Corps member shall have failed or ceased to comply with the conditions for membership in the Corps, as set out in § 73-4B hereof, or in any other applicable ordinance, statute, rule or regulation, he shall so advise the Corps member and give him a reasonable opportunity, within a reasonable time period prescribed by the Captain, to correct such failure or remedy such condition. In the event that such failure is not corrected or such condition is not remedied, within such time period, the Captain shall suspend such member from active service until the same has been accomplished, and if not accomplished within six months from the date of such suspension, such member shall be retired from membership in the Corps, provided that such Corps member shall have the right to demand a hearing before the Board of Trustees of the Corps on any such decision made by the Captain, and in such event, a hearing shall be held in the manner and pursuant to the notice required by § 73-10 hereof; provided, further, that a majority vote of a least five members of the Board of Trustees present and voting shall be necessary for the suspension or retirement of any member, and any such action shall be subject to appeal to the Mayor and Council, as provided in § 73-10.
B.
It shall be the responsibility of the Captain to determine
that all Corps members comply with all applicable requirements of federal
and state law, and applicable requirements of the New Jersey First Aid Council
enacted pursuant to federal or state law, with respect to training qualifications
and certifications of Corps members, and any Corps members who shall not have
complied with any such training, qualification or certification requirement
shall not be permitted to engage as an active riding member in any activity
of the Corps for which such training, qualification or certification shall
be required. The filing with the Mayor and Council, or with any other agency,
of all required certifications relative to the training and qualifications
of Corps members shall be the responsibility of the Captain.
