Bill Text: NJ A2334 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits municipalities and fire districts to appoint paid fire chiefs for paid and certain part-paid fire departments; clarifies duties and responsibilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-06 - Introduced, Referred to Assembly Law and Public Safety Committee [A2334 Detail]
Download: New_Jersey-2012-A2334-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Permits municipalities and fire districts to appoint paid fire chiefs for paid and certain part-paid fire departments; clarifies duties and responsibilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning paid and certain part-paid fire departments and fire districts, amending N.J.S.40A:14-7 and supplementing chapter 14 of Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-7 is amended to read as follows:
40A:14-7. The governing body of any municipality, by ordinance, may create and establish, as an executive and enforcement function of municipal government, a paid or part-paid fire department [and force], whether as a department or as a division, bureau or other agency thereof, and provide for the maintenance, regulation and control thereof, and except as otherwise provided by law, appoint such members, officers and personnel as shall be deemed necessary, determine their terms of office, fix their compensation and prescribe their powers, functions and duties and adopt and promulgate rules and regulations for the government of the department [and force] and for the discipline of its members.
(cf: N.J.S.40A:14-7)
2. (New section) An ordinance to establish a paid or part-paid fire department as authorized under N.J.S.40A:14-7 shall include, but not be limited to, a provision providing for, in a manner consistent with the form of government adopted by the municipality, a line of authority relating to the fire department function and for the adoption and promulgation of rules and regulations for governing the force and disciplining its members.
3. (New section) The ordinance establishing a paid or part-paid fire department as authorized under N.J.S.40A:14-7 also may include a provision providing that all paid departments and all part-paid departments having four or more paid members may be headed by a full-time, paid chief.
If the ordinance includes such a provision, it also shall include:
a. A provision specifying that to the greatest extent practicable, the chief shall be appointed from the permanent members of the career service within that department.
If a municipality wherein the provisions of Title 11A of the New Jersey Statutes are not operative adopts such a provision, the appointment shall be based on merit and fitness as determined by the municipality through procedures designed to ensure effective leadership. In appointing a qualified candidate, the municipality may give due, but not controlling, consideration to seniority;
b. A provision prescribing the fire chief's powers, authority, functions and duties, as the governing body of the municipality shall deem necessary for the effective government of the fire department; and
c. A provision providing that the fire chief shall be the chief executive officer of the fire department, that he shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations of that department and shall provide supervision and direction of the department for the prevention of fires, extinguishing of fires and safeguarding of the citizens and property of the municipality, or fire district against destruction by fire and that, pursuant to policies, procedures, rules, regulations, a table of organization, or a budget established by the appropriate authority and approved by the governing body, the chief shall:
(1) exercise general command authority at fire scenes;
(2) have primary responsibility for the fire department's day to day management and operations, the training of all fire department subordinates and other personnel, communications, and for emergency response activities;
(3) have responsibility for planning;
(4) have responsibility for staffing and deployment, and for directing, assigning and managing the work of all fire department subordinates and personnel;
(5) administer and enforce rules and regulations and special emergency directives established by the appropriate authority for the disposition and discipline of the department and its officers and personnel;
(6) delegate authority as he may deem necessary as permitted by policies, procedures, rules, regulations or directives for the efficient operation of the fire department, to be exercised under his direction and supervision;
(7) report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the department during the preceding month, and make such other reports as may be requested by such authority; and
(8) prepare an annual departmental budget for submission to the appropriate authority.
As used in this section, "appropriate authority" means the mayor, manager, or such other appropriate executive or administrative officer, such as a full-time director of public safety, fire director or the governing body, board of fire commissioners, or any designated committee or member thereof, or any municipal board or commission established by ordinance for such purposes, as shall be provided by ordinance in a manner consistent with the degree of separation of executive and administrative powers from the legislative powers provided for in the charter or form of government either adopted by the municipality or under which the governing body or board of fire commissioners operates.
Except as provided herein, the municipal governing body and individual members thereof shall act in all matters relating to the fire department in the municipality as a body, or through the appropriate authority if other than the governing body.
Nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the fire department, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing contained herein shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the fire department or the performance of any officer or member thereof. In addition, nothing contained herein shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.
4. (New section) a. The commissioners of any fire district may, by resolution, establish a line of authority relating to the fire department function and for the adoption and promulgation of rules for governing the department and disciplining its members.
b. The commissioners of any fire district may adopt a resolution providing that all paid departments and all part-paid departments having four or more paid members may be headed by a full-time, paid chief.
c. If the commissioners of a fire district adopt a resolution pursuant to subsection b. of this section that resolution also shall include:
(1) a provision specifying that to the greatest extent practicable, the chief shall be appointed from the permanent members of the career service within that department;
If a fire district wherein the provisions of Title 11A of the New Jersey Statutes are not operative adopts such a provision, the appointment shall be based on merit and fitness as determined by the fire district through procedures designed to ensure effective leadership. In appointing a qualified candidate, the fire district may give due, but not controlling, consideration to seniority;
(2) a provision prescribing the fire chief's powers, authority, functions and duties, as the fire district shall deem necessary for the effective government of the fire department; and
(3) a provision providing that the fire chief shall be the chief executive officer of the fire department, that he shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations of that department and shall provide supervision and direction of the department for the prevention of fires, extinguishing of fires and safeguarding of the citizens and property of the fire district against destruction by fire and that, pursuant to policies, procedures, rules, regulations, a table of organization, or a budget established by the appropriate authority and approved by the governing body, the chief shall:
(a) exercise general command authority at fire scenes;
(b) have primary responsibility for the fire department's day to day management and operations, the training of all fire department subordinates and other personnel, communications, and for emergency response activities;
(c) have responsibility for planning;
(d) have responsibility for staffing and deployment, and for directing, assigning and managing the work of all fire department subordinates and personnel;
(e) administer and enforce rules and regulations and special emergency directives established by the appropriate authority for the disposition and discipline of the department and its officers and personnel;
(f) delegate such of his authority as he may deem necessary as permitted by policies, procedures, rules, regulations or directives for the efficient operation of the fire department, to be exercised under his direction and supervision;
(g) report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the department during the preceding month, and make such other reports as may be requested by such authority; and
(h) prepare an annual departmental budget for submission to the appropriate authority.
As used in this section, "appropriate authority" means the mayor, manager, or such other appropriate executive or administrative officer, such as a full-time director of public safety, fire director or the governing body, board of fire commissioners, or any designated committee or member thereof, or any municipal board or commission established by ordinance for such purposes, as shall be provided by ordinance in a manner consistent with the degree of separation of executive and administrative powers from the legislative powers provided for in the charter or form of government either adopted by the municipality or under which the governing body or board of fire commissioners operates.
Except as provided herein, the fire commissioners and individual members thereof shall act in all matters relating to the fire department in a fire district, as a body, or through the appropriate authority if other than the fire district.
Nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the fire department, and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the fire department or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.
5. This act shall take effect immediately.
STATEMENT
This bill authorizes a municipality or a fire district which has a paid or part-paid fire department with four or more paid members to include, as part of the ordinance or resolution that establishes the department, a provision authorizing the appointment of a paid fire chief.
The bill directs municipalities adopting such an ordinance to include a provision specifying that, to the greatest extent practicable, the chief is to be appointed from among the paid members of the department. In non-civil service municipalities, candidates' seniority may be given due, but not controlling, consideration in the appointment process.
Finally, the bill clarifies the responsibility for the conduct of a municipal fire department by providing for a line of authority with respect to the fire department and by specifying the duties and responsibilities of the fire chiefs.
