SECTION 1. Enabling Resolution: Whereas it is necessary in all regulated organizations to have certain fixed rules and regulations for government, then be it resolved: that we, the members of the Rockleigh Volunteer Fire Department, Inc., of Rockleigh Borough, New Jersey, do for the furthering of the purpose for which we are incorporated agree to abide by and support a code of By-Laws.

SECTION 2. Compliance with Code: These By-Laws have been written to be consistent in word and in spirit wit the provisions of the Code of Rockleigh Borough, Chapter 18 (Fire Department, Volunteer).

SECTION 3. Interpretations: If any disagreement arises as top the intent and true meaning of these By-Laws, two thirds of the voting members present at a meeting shall decide the question, and this decision shall be a governing precedent and shall not be amended unless by a like vote.

SECTION 4. Amendments: The By-Laws of the Department shall not be altered, suspended or amended except at a regular meeting following that regular meeting at which notice of such alteration or amendment was proposed in writing. Any amendments to these By-Laws must not be inconsistent with the Code of Rockleigh Borough. The same shall be adopted if two-thirds of the voting members present concur.

SECTION 5. History: These By-Laws are revisions of those Approved and Effective on 1 October 1973.

Paragraph (a). By-Laws Committee:

George Kershaw, Chief
Harold Barrett, Secretary
Ernest April, Lieutenant

Paragraph (b). The proposed By-Laws were :

(1) Submitted to the Department for consideration on 7 February, 1983.
(2) Submitted to the Department for vote on 7 March, 1983.
(3) Approved by resolution of the Mayor and Council and thereby effective on 28 March 1983.

Paragraph (c). The following By-Laws are to remain and to be in full force for the government of the Department for the date of their approval and by virtue of the same all others are hereby repealed.

SECTION 1. Name: The name of this organization is "THE ROCKLEIGH VOLUNTEER FIRE DEPARTMENT, INC.", hereinafter referred to as the "Department". 

SECTION 2. Purpose: The purpose of the Department is the protection of life and property within Rockleigh Borough against fire, disaster, or any other emergency and, when called upon under mutual agreement, to aid neighboring boroughs and towns in like manner.

SECTION 3. Organization: To ensure accomplishment of the purpose, the members of the Department are organized according to their convenience into two (2) companies. These companies are known as "Company No. 1" and "Company No. 2" of the Rockleigh Volunteer Fire Department. Each company in accordance with these By-Laws shall choose its own company officers and determine the qualifications of its members, except that no members shall be inducted and no officers installed until after their approval by resolution of the Mayor and Council.

Paragraph (a). It is the principal, but not exclusive, responsibility of Company No. 1 to provide protection, during the night time hours and during all hours on weekends and holidays, to Rockleigh Borough and neighboring boroughs under mutual aid agreement.

Paragraph (b). It is the principal, but not exclusive, responsibility of Company No. 2 to provide protection, during the daylight hours an weekdays, to Rockleigh Borough and neighboring boroughs under mutual aid agreement.

Paragraph (c). Regardless of Company assignment, members of each and every Company shall respond to any and all alarms whenever physically present in the Borough or within hearing of the alarm.

SECTION 1. Active Membership in the Department is defined as participating in all of the activities of the Department and accepting all of the responsibilities of membership as specified in Article III and all of the specific duties of membership as specified in Article VI.

Paragraph (a). Eligibility: A person to be eligible for Active Membership in the Department shall not be less than eighteen (18) years of age. Voting privileges are restricted to residents of Rockleigh Borough. [Amended 2 September 2003. History of Amendment 7]

Paragraph (b). Physical Condition: All applicants for Active Membership shall submit with such application, at their own expense, a statement signed by a practicing physician to the effect that the applicant has been examined thoroughly and that in his or her professional opinion the applicant is able to perform the duties required of a fireman.

Paragraph (c). Application: All applications for Active Membership must be submitted in writing, stating full name, date and place of birth, present and former residence, place of employment and usual hours, prior firefighting experience, and signed by a proposing member in good standing of the Company to which application is being made. The application may be read at any regular meeting of the Department and referred to the Executive Committee, who shall report at the next regular meeting. If they report "favorable" a ballot shall be taken. If the applicant receives two thirds of the votes cast the applicant shall be declared elected to the indicated Company. Upon election of members by the Department as herein provided, the Secretary shall present to the Mayor and Council at their first meeting thereafter the names of each member elected, which, if approved by the Council shall be named a duly qualified fireman of the named Company of the Volunteer Fire Department of Rockleigh Borough.

Paragraph (d). Induction: The duly qualified fireman, upon receipt of notice from the Secretary concerning the success of this application, must appear in person at a meeting of the Department, be introduced to the members, and receive a badge, a copy of the By-Laws, and necessary personal firefighting equipment.

Paragraph (e). Privileges of Active Members: Each Active Member who is a resident of Rockleigh Borough shall be entitled to vote; shall be eligible for office as stipulated herein. Each Active Member shall be entitled to any and all clothing allowances in accordance with Borough ordinances and in proportion to their response to alarm and their participation in drills; and shall be entitled to all of the privileges and immunities provided by Law. [Amended 7 March 1988. History of Amendment 1]

Paragraph (f). Quota: The member of Department shall not exceed forty (40). [Amended 2005, History of Amendment 8]

SECTION 2. Honorary Membership of the Department is defined as participating in the activities of the Department but not responding to alarms or participating in drills.

Paragraph (a). Nomination: Any person may be elected an Honorary Member by a two-thirds vote of the members present at a regular meeting. Any Active Member or Auxiliary Member of the Department who desires to become an Honorary Member shall present his resignation to the Department in the usual manner and request that his name be placed on the honorary role of the Department. If the Department accepts his resignation and grants his request he shall become an Honorary Member.

Paragraph (b). Medical Personnel: Qualified Emergency Medical Technicians, paramedics, and Physicians who are willing to respond to alarms may be elected Honorary Members.

Paragraph (c). Fire Prevention Officials. All Fire Prevention Officials and Fire Marshals in the employ of Rockleigh Borough shall be, by their appointment buy resolution of the Mayor and Council, Honorary Members.

Paragraph (d). Privileges of Honorary Members: Honorary Members shall be entitles to serve in Department office if otherwise eligible, except that Honorary Members may not serve as Fire Chief, Engineer, nor as any Company Officer; shall be entitled to vote only if elected to office and are serving in that elected office, otherwise Honorary Members shall not be entitled to vote; shall not be entitled to clothing allowances, except that the Medical Personnel shall be entitled to any and all clothing allowances in accordance with Borough ordinance and in proportion to their response to alarms and except that Fire Prevention Officials always shall be entitled to the full clothing allowance.

Paragraph (e). Termination: Honorary Membership can be terminated at any time by a majority vote of the voting membership present at any regular meeting.

SECTION 3. Exempt Membership of the Department shall be as follows:

Paragraph (a) Application: Upon completion of the time prescribed by Law to become Exempt, such member should apply in writing to the Secretary. As an Active Member he or she must have participated in fifty (50) percent of the duty assigned to his Company each and every year during that time. If the member also desires to withdraw from the active list written notice should be given to the Department.

Paragraph (b) Privileges of Exempt Members: Exempt Members hall be entitled of all privileges or a regular  member, including voting and serving in office, provided that they are still on the active list, as well as all of the special privileges and immunities provided by Law. At the meetings Exempt Members shall be subject to the same regulations as regular members provided that they are still on the active list. They are exempt from penalties for non-performance of fire duty and absence from meetings. In other respects Exempt Members shall be subject to the discipline of the Department top the same extent as Active Members. All Exempt Members while on duty shall be under the direction of the officers in command.

SECTION 4. Auxiliary Membership and Junior Membership:

SUB SECTION 4A. Auxiliary Membership. Auxiliary Membership is defined as reserve status. [Amended 7 March 1988. History of Amendment 1]

Paragraph (a). Participation: An Auxiliary Member must participate sufficiently in department activities and functions but need not meet minimum annual requirements for participation at alarms and training.

Paragraph (b). Limitations: Auxiliary Members shall not be permitted to respond with the first apparatus (unless the meet the annual requirements for first-responders), are not to participate in interior structural firefighting activities (unless they meet the annual training requirements), but shall be permitted and encouraged to participate in outside support activities at the incident scene. Auxiliary Members shall not be entitled to clothing or training allowance (unless they meet the annual training requirements); and shall not be subject to the responsibilities of regular members of the Department.

Paragraph (c). Liability: Auxiliary Members shall be covered and protected in every manner and in every case as a regular member when responding to an alarm, performing duties at an incident scene, and returning from an alarm. Auxiliary Members shall be entitled to vote and shall be eligible to hold Departmental Administrative Office. An Auxiliary Member may at any time request change of status to Active Membership. Auxiliary Members shall be eligible to be nominated for Honorary membership.

SUB SECTION 4B. Junior Membership. Junior Membership is defined as an Auxiliary Membership but with the following specific stipulations and limitations. [Amended 2005. History of Amendment 9]

Paragraph (a). Age Requirement: Junior Membership is open to residents of Rockleigh Borough between the ages of 16 and 18. 

Paragraph (b). Participation: Junior Members shall attend all department drills, meetings, functions, and calls, but with a limited role. 

Paragraph (c). Limitations: Junior Members have no voting rights and are limited in fire ground and firematic activities as follows: 

Sub Paragraph (i). While Junior Members are permitted to ride the company apparatus to a fire call, Junior Members must vacate company apparatus in a live call situation in favor of an Active member if the apparatus is fully crewed.

Subparagraph (ii). Junior Members shall not be permitted to enter a live burn environment nor to enter a building as part of the initial investigation team. 

Subparagraph (iii). Junior Member shall not be permitted to enter a structure after firematic activities are secured without the full knowledge and permission of the incident commander. 

SECTION 5. Resignations and Changes in Membership Status: The resignation of a members or a request for a change in membership status shall be made in writing and lay over until the next regular meeting, and if approved by a two-thirds majority, it will be accepted. IF a change to Auxiliary Membership is made all property and equipment belonging to the Department must be returned to the Assistant Chief of the assigned Company.

SECTION 6. Dues:  The Department has the right to levy upon the Active Membership annual dues which shall be set by a vote of two-thirds of the voting members.

SECTION 7. Good Standing: Each year every member shall pay the assessed dues as well as any and all claims entered again the member on the Department books. For nonpayment of any or all claims by or at the Annual Meeting,  a member shall be considered to be not in good standing on the Department books; shall not be entitled to vote; and shall be subject to penalties.

SECTION 1,  General Duties: It shall be the duty of each member of this Department to further the purpose of he Department in the protection of life and property within Rockleigh Borough against fire, disaster, or any other emergency; to respond to all alarms and drills when in the vicinity of Rockleigh Borough unless excused; to develop and maintain by means of classroom instruction and drills the required and appropriate levels of rescue and fire suppression skills and competence commensurate with the grade and rank held; to obey the standing orders and all other lawful orders that shall be given by the officers in command; to the best of his or her ability to attend all regular meetings, parades and special meetings, when duly notified; to serve on Standing Committees and Special Committees; and, to abide by these By-Laws. [Amended 7 March 1988. History of Amendment 2]

SECTION 2. Special Duties: Members may be required to perform protection duty at such places and times as they are assigned by the orders of the Chief of Officer in Command fulfilling the duties of the Chief. When necessary, two or more members at a time shall be assigned in numeral order from the active list. The Chief or Acting Chief shall be exempt form this service. If for any valid reason those assigned are unable to perform this duty when called upon, they shall provide a substitute and notify the Secretary.

SECTION 3. Chain of Command: The question of authority of the officers while on duty shall be determined by their grade; all officers and men shall be subordinate to the Chief of the Department. At the fire ground the Chief of the Department or ranking officer in attendance shall have overall charge and authority, including the powers of police, as specified by Law.

Paragraph (a). The member who first arrives at the firehouse on an alarm shall have Command until the arrival of an Officer and while in command he shall assume the duties of Chief, subject to the same responsibility until a higher ranking officer appears.

Paragraph (b). The first officer on duty at an alarm shall exercise command until his superior arrives. When two officers of the same grade meet on duty, the one longest in grade, of if equal, the one longest in service in the Department, will exercise command.

SECTION 4. Gratuities. No member shall receive rewards, contributions,  ore presents of any kind for services as a fireman without permission of the Department, except as a donation to the Department which is to be turned over promptly to the Treasurer.

SECTION 5. Penalties and Due Process:

 Paragraph (a). Due Cause.  For neglect of duty or whenever it shall be considered that a member is repeatedly remiss in his or her duties; for any act of insubordination on the part of any officer, committee member or individual member; for malfeasance or misconduct on the part of any member; or for unauthorized use or abuse of firefighting equipment and apparatus, individual members shall be subject to such penalties as the Department may consider to impose. [Amended 7 March 1988.History of Amendment 2]

Paragraph (b). Insufficient Participation: 

Subparagraph (1). Any Active Member who fails to meet the annual minimum training as mandated by governmental law, statute, executive order, code, policy or standard shall revert to auxiliary status. The matter shall be referred to the Planning and Policy Committee for review.

Subparagraph (2). Any Active Member who for two consecutive calendar years and without being duly excused participates in less than thirty-five percent of the annual alarms and drills (including any other training authorized by the Department by exclusive of meetings) prescribed to or within the period of responsibility of the Company to which the member is assigned, and provided that the member received written notice from the Secretary or Chief of the Department of the insufficient level of participation after the first of the year, the member shall be placed on the auxiliary list. The matter shall be referred to the Planning and Policy Committee for review. The member shall be informed and any action will be reported at the next regular meeting. Any member who fails to meet the minimum level of participation stipulated herein in any calendar year shall not be eligible for clothing and/or training allowances for that year.

Subparagraph (3). Any member for reasons of illness or disability may be suspended temporarily from participation in firematic activities by the Chief of the Department. The member shall be informed and the matter referred to the Planning and Policy Committee for resolution.

Subparagraph (4). Any Auxiliary member who fails to participate in any firematic activity and fails to attend any meeting for a period of one calendar year shall be dropped from the membership roles of the Department and these actions shall be taken at the annual installation meeting.

Paragraph (c). Penalties and . Penalties and restrictions may include, but not necessarily limited to, reprimand, extra duty assignments, removal from office or from committee, probation, limitation of firematic responsibilities, suspension, inactivation, expulsion, or any combination thereof.

Paragraph (d). Due Process: Except as provided Subparagraphs (1), (2) and (3) of this section, no member shall be penalized unless at the meeting immediately following that meeting at which charges were made, and provided that the individual charged shall have been served with a copy of the charges preferred against him or her, signed by the Secretary or any member in good standing, at least five days previous to the second meeting. Such member shall be requested to state any reasons for the act or acts of commission or omission. A two-thirds vote of the voting members present, in which the member charged shall not denied the right to cast a vote, is necessary to impose any penalty that the Department may consider.

 

SECTION 1. Departmental Administrative Officers: The Administrative Offices at the Department level shall consist of a President, Vice President, Secretary, Treasurer, and three (3) Trustees. With the exception of the Trustees, officers shall hold office for one year, or until their successors are installed. Each Trustee shall hold office for three (3) years with overlapping terms so that one (1) Trustee only is elected each year.

SECTION 2. Departmental Command Officers. The Command Officers at the Department level shall consist of the Chief of the Department and the Engineer. Departmental Command Officers shall hold office for one year, or until their successors are installed.

SECTION 3. Company Command Officers. The Command Officers at the Company level shall consist for each Company of an Assistant Chief, a Captain, and not more than two (2) Lieutenants. The Command Officers of each Company shall be elected by the Active Membership pf the respective Company and shall hold office for one year, or until their successors are installed.

SECTION 4. Executive Committee. The Executive Committee, composed of the President, Secretary, and Chief, shall have the power to act for the Department in matters requiring immediate action in the intervals between regular meetings, and report at the next regular meeting.

SECTION 5. Planning and Policy Committee. The Planning and Policy Committee shall be composed of the three Trustees, President, Secretary, and Chief; and shall be responsible for the long-range planning of the Department, the development of Department Policy, which shall include the purchase of major items of fire-fighting equipment and apparatus, and the resolution of charges against a member involving matters of governmental regulation, requirements, provisions, policies and standards in regard to fire department operations, personnel and equipment. [History of Amendment 3]

SECTION 6. House . The House Committee, composed of two members who shall have charge of the interior of that portion of the building, except the fire-fighting equipment, assigned to the Department. It will be their duty to approve all bills for repairs to buildings, grounds, etc., and to do all things necessary to keep buildings and grounds in proper conditions at all times. They shall also establish House Rules and post same in a conspicuous place in the fire house.

SECTION 7. Maintenance . The Chief and Engineer will establish a sufficient number of Maintenance Committees, each composed of a designated portion of the Active Members, exclusive of the Chief and the Engineer, who are residents of the Borough. Each Maintenance Committee shall elect a foreman. It shall be the responsibility and duty of each Maintenance Committee, under the guidance and direction of the Engineer, to keep in good operating condition and to provide minor maintenance for all fire-fighting apparatus including vehicles and equipment thereon.

SECTION 1. Elections. The nomination and election of Administrative Officers and Command Officers shall take place by secret ballot at the Annual Meeting of the Department in December of each year.

SECTION 2. Eligibility for Office: 

Paragraph (a). Administrative Office: To be eligible for Departmental Administrative Office, as define by Article IV, Section 1, the candidate must have service as an Active Member in the Department for a period of one year; shall be in  good standing on the Department books; and shall be a resident of Rockleigh Borough. [History of Amendment 4]

Paragraph (b): To be eligible for Departmental Command Office as defined by Article IV, Section 2, the candidate must be an Active Member, with service in the Department for a period of one year; shall be in good standing on the Department books; shall be a resident of Rockleigh Borough; and further, to be eligible for Chief of the Department the candidate shall have served at one time as an Assistant Chief or Captain in a fire department.

Paragraph (c). To be eligible for Company office as defined in Article IV, Section 3, the candidate must be an active of Exempt Member still on the active list; shall have served in the Department for a period of one year; shall be in good standing on he Department books; and further to be eligible for Assistant Chief or Captain the candidate must have served at one time as a Lieutenant or Engineer in a fire department.

Paragraph (d). No member may hold more than one office concurrently, except that a member holding office as Vice President, Captain, Lieutenant, or Engineer, may also be elected to serve concurrently as Trustee.

SECTION 3. Balloting: Unless slates of candidates are submitted by a Nominating Committee for Departmental Administrative Office, for Department Command Office, and for Company Command Office, and provided that there are no dissentions, there shall be but one office balloted for at a time beginning with the Departmental Command Officers, followed by Departmental Administrative Officers, followed by the officers for each company. That member who for Departmental Administrative Office and for each Department Command Office receives a majority of votes cast by the Active Members present shall be declared elected. Thos members who for each company office receive a majority of votes cast by the elected members present of each respective company shall be declared elected.

SECTION 4. Committee Appointments. At the first meeting following the Installation Meeting, the President shall appoint the membership of the Standing Committees with the exception of the Executive Committee, the Policy and Planning Committee, and the Maintenance Committees. The Chief and Engineer will establish the number of Maintenance Committees and appoint the membership of each.

SECTION 5. Vacancies. If any vacancy occurs among the officers of the Department, an election shall be held at the next regular meeting, or should it be deemed necessary, a special meeting may be called for the purpose. All vacancies in committees shall be filled in the manner in which the original appointment was made.

SECTION 1. Departmental Administrative Officers. 

Subsection (A). Trustees. There shall be three (3) Trustees.  It shall be their duties to act as an advisory board in matters of finance, apparatus, purchase of major items of fire-fighting equipment, and to generally supervise the affairs of the Department. They shall also examine the books of the Department at least one week before the Annual Meeting and render a complete report of the Department's finances at the Annual Meeting. The Trustees shall also be members of the Planning and Policy Committee.

Subsection (B). President. It shall be the duty of the President to preside at all meetings; act as a member ex officio of all Standing Committees; enforce strict observance of the By-Laws; to call any special meetings of the Department at any time, or by order of the Chief, or upon written request of five Active Members; and also to cast the deciding vote on all matters before the Department.

Subsection (C). Vice President. It shall be the duty of the Vice President to render such assistance as the President at any time may require and , in the absence of the President, to exercise his powers and assume the duties of that office.

Subsection (D). Secretary. The duties and responsibilities of the Secretary shall include:

Paragraph (a). Keep a correct roll of the Department and make provision for calling or recording the same after every alarm, and drill and for any regular or special meeting at its close.

Paragraph (b) Keep a correct account of alarms and working fires, giving time, place, cause, officer in command, apparatus utilized, and all facts obtainable; keep accurate minutes of the proceedings of all meetings in a suitable book provided for that purpose; record and file all documents relating to the business of the Department; and, notify members appointed on committees.

Paragraph (c). Notify members of drills and parades, as provided for, and all special meetings in a timely manner prior to such meetings, stating the object of the call; and provide for roll calls at all of the same.

Paragraph (d). Notify in writing, every person elected a member within five days thereafter and deliver a copy of the By-Laws and badge to each newly elected member properly accepted as provided by law.

Paragraph (e). Take charge of inventory of the unassigned badges, keys, paging units, and By-Laws of he Department.

Paragraph (f). Receive, write and maintain a file of all communications as ordered by the Department.

Paragraph (g). On or  before the last Monday of January of each and every year report to the Chief the name and residence of each person who is a member of the Department in good standing at the time, and also to furnish the Chief at the same time with a correct list of all active and Honorary Members of the Department regularly equipped, which list the Chief shall file with the Borough Clerk on or before the next meeting of the Borough Safety Committee.

Paragraph (h). If unable to attend meetings he shall see that all books which may be required are available.

Subsection (E). Treasurer. The Treasurer shall give security for the faithful performance of his trust. The responsibilities of the Treasurer include:

Paragraph (a). Receive all monies due the Department, and deposit all monies in the name of the Department in a bank approved by the Department.

Paragraph (b). Pay all bills when duly passed by the Department.

Paragraph (c). Keep a correct account, in proper  books provided for this purpose, of all receipts and disbursements, and submit his accounts with proper vouchers to the Trustees when called upon by them to do so.

Paragraph (d). Report the conditions of the finances at the monthly meetings and am annual report at the Annual Meeting in December.

Paragraph (e). Notify all delinquent members of their liabilities.

Paragraph (f). Impose all fines levied by the Department. 

Paragraph (g) Report at all regular meetings and give an annual report in December.

 

SECTION 2. Command Officers, Firefighters, and Wardens.

Subsection (A). Chief of the Department. The Chief receives legal authority from the provisions set forth in the Code of Rockleigh Borough, Chapter 18. The Chief shall uphold and enforce all governmental regulations, requirements, provisions, policies and standards in regard to fire department operations, personnel, and equipment. The Chief shall at all times in firematic matters have sole and absolute command of the officers and men present and be responsible for their discipline, efficiency, and safety. Other responsibilities include: [Adopted 7 March 1988.History of Amendment 5 ]

Paragraph (a). Delegate to subordinates the direction of activities in specific areas.

Paragraph (b). Direct a program for the maintenance of all fire-fighting equipment as well as the Firehouse so as to be ready to respond to all emergencies; and to direct a long-range plan for the improvement and, if necessary, replacement of equipment.

 Paragraph (c). Direct the purchase of all fire-fighting equipment approved by the Planning and Policy Committee or by the Executive Committee as well as the purchase of expendable supplies and other minor items of equipment and replacement parts ad necessary.

Paragraph (d). Direct a firemanship training program for Firefighters.

Paragraph (e). Organize and develop a pre-planning program for fire and other emergency operations.

Paragraph (f). Supervise radio and other fire-alarm communication facilities.

Paragraph (g). Establish and supervise in conjunction with the Fire Marshal, Fire Prevention Officials and Fire Sub-Code Officials a program of adequate fire prevention inspections in all buildings which so require and over which the Department has jurisdiction.

Paragraph (h). Sit as a member of the Executive Committee as well as a member of the Planning and Policy Committee.

Subsection (B). Assistant Chief: The Assistant Chief for each Company shall render service and perform such duties as the Chief may at any time require, and in the absence of the Chief, assume his obligations, exercise his powers, and per form his duties. Other responsibilities include:

Paragraph (a). Be in charge of a Company, establish and maintain standards for cleanliness for the fire-fighting equipment, and exercise control of the personnel assigned to the Company, and ensure that the rules and regulations of the Department are observed.

Paragraph (b). Respond with his Company to alarms and emergencies and ensure that proper use is made of personnel and equipment at the scene of fires or emergencies.

Paragraph (c). Implement the pre-fire planning program to ensure that acceptable standards are maintained for fire-fighting, rescue and other emergency operations.

Paragraph (e). Ensure that duty assignments, equipment maintenance, and other operational procedures are complied with fully. Maintain Company records with regard to availability of equipment, allocations of fire-fighting gear, and mandated maintenance and testing standards.

Paragraph (f). Fulfill all Department obligations as directed, including disciplinary measures for minor infractions of the rules and regulations.

Subsection (C). Captain. The duties of each Captain, in addition to being in charge of one or more pieces of apparatus, include:

Paragraph (a). Respond with his Company to alarms and emergencies.

Paragraph (b). Ensure that recommended procedures are followed in laying lines, placing ladders, spotting equipment, and other fire-ground operations.

Paragraph (c). Conduct regular drills for the training and instruction of Company members in order to maintain standards of efficiency in fire-fighting and rescue operations. 

Subsection (D). Lieutenant. Each Lieutenant responds with his crew and apparatus to fires and other emergencies and supervises the operation and maintenance of equipment assigned to his company. He is directly responsible to the Captain of his Company. His duties include:

Paragraph (a). Take steps to ensure the safe arrival of the apparatus with full compliment of men and equipment to the scene of a fire or emergency. Take no unnecessary chances while responding to or returning from alarms. Be at all time aware that the lives and well-being of the fire crew depend on the mental attitude and skill of their immediate officer.

Paragraph (b). Have an intimate knowledge of the fire district and major structures so that the shortest and safest route may be taken in responding or returning; and knowledge of the locations of the fire hydrants.

Paragraph (c). When first to arrive, assume command until relieved by a Department officer superior in rank.

Paragraph (d). Be thoroughly familiar with the capabilities and effective operation of all apparatus and equipment as well as with fire-fighting and rescue operations.

Paragraph (e). Supervise and participate in the operation of the apparatus at the fire scene.

Paragraph (f). Report any deficiencies in the apparatus and equipment fort corrective action.

Subsection (E). Engineer: The Engineer is responsible of the preventative maintenance of all apparatus. Some of his duties include:

Paragraph (a). Organize and implement a program for maintenance of all fire-fighting equipment as well as the Firehouse do as to be ready to respond to all emergencies.

Paragraph (b). Train and supervise the Maintenance Committees in the maintenance of the fire-fighting equipment.

Paragraph (c). Keep records of all maintenance needed on  fire-fighting apparatus for the purpose of informing Maintenance Committees.

Paragraph (d). Ensure that all maintenance is performed as scheduled.

Paragraph (e). Keep records of all maintenance performed.

Paragraph (f). Ensure that all apparatus is always in good operating condition. Make inspections of assigned equipment as often as necessary to check for proper maintenance, cleanliness, and freedom from operational deficiencies.

Subsection (F). Firefighter. Normally, each firefighter is assigned a specific duty in regard to procedure. However, all personnel are trained in a variety of duties so as to be capable of flexible action in any given situation. The duties of an individual firefighter include:

Paragraph (a). Promptly respond in full fire-fighting gear with apparatus to all alarms and emergencies.

Paragraph (b). Extinguish fires and take necessary precautions to prevent rekindling of fires.

Paragraph (c). Exercise due caution to avoid unnecessary damage to or ;loss of Department equipment or private property, or injury to self of other personnel in the performance of duty.

Paragraph (d). Keep apparatus, equipment, tools, and uniforms in clean and serviceable condition.

Paragraph (e). Participate in Drills and Training to ensure acceptable standards of effective fire-fighting and rescue operations.

Subsection (G). Wardens. The Wardens of the Department shall be appointed by the Fire Chief. A warden may be an Honorary, Exempt, or Active Member, or a non-member known and recognized by the Chief and appointed on the fire ground for the duration of the emergency. The duties of a warden, under the control of and at the discretion of the Chief, shall be to:

Paragraph (a). Establish a line beyond which none but recognized members of the Department shall advance and to keep the space with in the line free from persons not entitled to be there. He shall have power to intercept and apprehend any person or persons who shall interfere with any member of the Department or who shall undertake to advance beyond the established line without permission or interfere with any property under control of the Department.

Paragraph (b). Prevent any person not a member of the Department, except owner or lessee, from entering he premises in connection with which his presence as a warden is required, unless otherwise directed by proper authority.

Paragraph (c). Ensure that property taken from premises shall be removed to a place satisfactory to the owner or lessee and remain under the protection until relieved from duty.

SECTION 1. Regular Meetings. The Regular Meetings of the Department shall be held monthly at the Borough hall, or Firehouse, at a time and day most convenient to the greatest number of Active Members and may be changed at any time by a two-thirds vote of the voting members present. When the meeting time falls on a Holiday, it shall be held on the next day of eh same week unless otherwise ordered by the Department.

Paragraph (a). The December meeting shall be the Annual Meeting.

Paragraph (b). The January meeting shall be the Installation Meeting.

Paragraph (c). All meetings shall be governed by preset rules determined by Department policy and governing precedent and shall be conducted in accordance with a set agenda.

Paragraph (d). Only Active members in good standing, Exempt members still on he active roll, and Honorary Members that hold office are entitled to vote.

Paragraph (e). Five (5) members eligible to vote shall constitute a quorum. [Amended 7 March 1988. History of Amendment 6]

Paragraph (f). In the absence of the President and Vice-President, and if a quorum of eh Department is present, a chairman pro tem shall be appointed and business transacted in the usual order.

Paragraph (g). No appropriations of any of the funds of the Department shall be made except by a majority vote of the voting members present at a meeting.

Paragraph (h). Order of Business for Regular meetings:

  1. Call to Order (if quorum present).
  2. Reading of minutes of previous meeting.
  3. Communications and Appropriations.
  4. Reports of Officers.
  5. Reports of Standing Committees.
  6. Reports of Special Committees.
  7. Reports of Trustees.
  8. Proposals of Candidates for Membership.
  9. Unfinished Business.
10. New Business.
11. Review of Fires and Drills.
12. Election of Officers, Delegates, and New Members, when necessary.
13. Reception of New Members.
14. Good and Welfare of the Department.
15. Roll Call.
16. Adjournment.

SECTION 2. Special Meetings: 

Paragraph (a). At the direction of the President, the Chief, or upon the written request of five (5) voting members the Secretary will call a Special Meeting.

Paragraph (b). No business shall be transacted at a special meeting except that stated in the call.

Paragraph (c). Order of Business for Special Meetings:

1. Call to order (if quorum present).
2. Transaction of business for which the meeting was called.
3. Roll Call
4. Adjournment.

SECTION 1. Drills: At the discretion of the Chief, drill shall be held for the purpose of maintaining acceptable standards of effective fire-fighting and efficient rescue operations.

SECTION 2. Inspection: The Chief may call the members of the Department together for inspection or when notified by the Borough Safety Committee of their desire to inspect he Department.

SECTION 1. Attendance: The Secretary will call the roll or otherwise make provision for the recording of attendance at all alarms. , meetings, parades, inspections, and at other times that the Officer in Command so orders. On calling the roll, each member shall answer for his or her individual name and no other; the officer in command shall answer for those he may have excused.

Section 2. Excuses: Sickness or death in the family of any member or personal illness,  or being our of the Borough over a radius of three (3) miles shall be deemed excuses for any absence of duty and not others shall be accepted unless considered reasonable by the Chief or Assistant Chief.

AMENDMENT 1.

ARTICLE II - MEMBERSHIP is amended by deleting and replacing Section 4.

Rationale: Due Cause and Insufficient Participation are more appropriate to Article III. OSHA and NIOSHA regulations set minimum training requirements for interior structural firefighters (herein defined as Active Members). 
Amended as struck through or underlined. Introduced 4 January 1988; Adopted 7 March 1988.

SECTION 4. Inactive Membership is defined as non-participating. Inactive members shall not be entitled to vote and shall be neither entitled to the privileges nor subject to the responsibilities of the Department.

Paragraph (A). Due Cause: Any member, for reasons of lack of attendance at alarms and drills, illness, or physical disability, or for any other reason decided by two-thirds vote of the Department at a regular meeting, may be placed on the inactive list.

Paragraph (b). Insufficient Participation: Any active member who for two consecutive calendar years and without being duly excused participates in less than fifty (50) percent of the alarms and drills (exclusive of meetings and maintenance duties) prescribed to or within the prior of responsibility of the Company to which the member is assigned, and provided that the member received written notice of the unacceptable level of participation after the first year, then the members hall be placed without a vote being taken on the inactive list. Such action will be reported at the installation meeting.

Paragraph (c). Privileges: Inactive members are eligible to be nominated for honorary membership. Inactive members shall not be entitled to vote; shall not be eligible to hold office; and shall not be entitled to clothing allowances.

SECTION 4. Auxiliary Membership: Auxiliary Membership is defined as reserve status.

Paragraph (a). Participation: An Auxiliary Member must participate sufficiently in department activities and functions but need not meet minimum annual requirements for participation at alarms and training.

Paragraph (b). Limitations: Auxiliary Members shall not be permitted to respond with the first apparatus (unless the meet the annual requirements for first-responders), are not to participate in interior structural firefighting activities (unless they meet the annual training requirements), but shall be permitted and encouraged to participate in outside support activities at the incident scene. Auxiliary Members shall not be entitled to clothing or training allowance (unless they meet the annual training requirements); and shall not be subject to the responsibilities of regular members of the Department.

Paragraph (c) . Auxiliary Members shall be covered and protected in every manner and in every case as a regular member when responding to an alarm, performing duties at an incident scene, and returning from an alarm. Auxiliary Members shall be entitled to vote and shall be eligible to hold Departmental Administrative Office. An Auxiliary Member may at any time request change of status to active membership. Auxiliary Members shall be eligible to be nominated for Honorary membership.

AMENDMENT 2.

ARTICLE II - RESPONSIBILITIES OF THE MEMBERSHIP is amended by inserting text (as underlined) into Section 1:

Rationale: OSHA and NIOSHA regulations require minimum annual training and compliance with specific safety procedure. NFPA Standard 1500 recommends that members be in good health and in good physical condition. 
Amended as struck through or underlined. Introduced 4 January 1988. Adopted 7 March 1988

SECTION 1,  General Duties: It shall be the duty of each member of this Department to further the purpose of he Department in the protection of life and property within Rockleigh Borough against fire, disaster, or any other emergency; to respond to all alarms and drills when in the vicinity of  Rockleigh Borough unless excused; to develop and maintain by means of classroom instruction and drills the required and appropriate levels of rescue and fire suppression skills and competence commensurate with the grade and rank held; to obey the standing orders and all other lawful orders that shall be given by the officers in command; to the best of his or her ability to attend all regular meetings, parades and special meetings, when duly notified; to serve on Standing Committees and Special Committees; and, to abide by these By-Laws. 

ARTICLE II - RESPONSIBILITIES OF THE MEMBERSHIP is amended by deleting and replacing the following Section:

Rationale: To ensure Due Process
Amended as struck through or underlined. Introduced 4 January 1988. Adopted 7 March 1988.

SECTION 5. Penalties and Due Process:

Paragraph (a). Due Cause: For leaving the Borough for the period greater than one month without notifying the Chief of the Department or the Assistant Chief of the assigned Company; for neglect of duty or whenever it shall be considered that a member is repeatedly remiss in his or her duties; for any act of insubordination on the part of any officer, committee member or individual member; for malfeasance or misconduct on the part of any member; or for unauthorized use or abuse of firefighting equipment and apparatus, individual members shall be subject to such penalties as the Department may consider to impose.

Paragraph (b). Penalties: Penalties may include, but not necessarily limited to, remand, extra duty assignments, removal from office or from committee, suspension, inactivation, expulsion, or any combination thereof.

Paragraph (c). Due Process: Except as provided by Article II, Section 4, no member shall be penalized unless at the meeting immediately following that meeting at which charges were made, and provided that the individual charged shall have been served with a copy of the charges preferred against him or her, signed by the Secretary or any member in good standing, at least five days previous to the second meeting. Such member shall be requested to state any reasons for the act or acts of commission or omission. A two-thirds vote of the voting members present, in which the member charged shall not denied the right to cast a vote, is necessary to impose any penalty that the Department may consider proper.

SECTION 5. Penalties and Due Process: 

Rationale: To ensure Due Process
Amended as struck through or underlined. Introduced 4 January 1988. Adopted 7 March 1988.

 Paragraph (a). Due Cause.  For neglect of duty or whenever it shall be considered that a member is repeatedly remiss in his or her duties; for any act of insubordination on the part of any officer, committee member or individual member; for malfeasance or misconduct on the part of any member; or for unauthorized use or abuse of firefighting equipment and apparatus, individual members shall be subject to such penalties as the Department may consider to impose.

Paragraph (b). Insufficient Participation: 

Subparagraph (1). Any active member who fails to meet the annual minimum training as mandated by governmental law, statute, executive order, code, policy or standard shall revert to auxiliary status. The matter shall be referred to the Planning and Policy Committee for review.

Subparagraph (2). Any Active Member who for two consecutive calendar years and without being duly excused participates in less than thirty-five percent of the annual alarms and drills (including any other training authorized by the Department by exclusive of meetings) prescribed to or within the period of responsibility of the Company to which the member is assigned, and provided that the member received written notice from the Secretary or Chief of the Department of the insufficient level of participation after the first of the year, the member shall be placed on the auxiliary list. The matter shall be referred to the Planning and Policy Committee for review. The member shall be informed and any action will be reported at the next regular meeting. Any member who fails to meet the minimum level of participation stipulated herein in any calendar year shall not be eligible for clothing and/or training allowances for that year.

Subparagraph (3). Any member for reasons of illness or disability may be suspended temporarily from participation in firematic activities by the Chief of the Department. The member shall be informed and the matter referred to the Planning and Policy Committee for resolution.

Subparagraph (4). Any Auxiliary member who fails to participate in any firematic activity and fails to attend any meeting for a period of one calendar year shall be dropped from the membership roles of the Department and these actions shall be taken at the annual installation meeting.

Paragraph (c). Penalties and . Penalties and restrictions may include, but not necessarily limited to, reprimand, extra duty assignments, removal from office or from committee, probation, limitation of firematic responsibilities, suspension, inactivation, expulsion, or any combination thereof.

Paragraph (d). Due Process: Except as provided Subparagraphs (1), (2) and (3) of this section, no member shall be penalized unless at the meeting immediately following that meeting at which charges were made, and provided that the individual charged shall have been served with a copy of the charges preferred against him or her, signed by the Secretary or any member in good standing, at least five days previous to the second meeting. Such member shall be requested to state any reasons for the act or acts of commission or omission. A two-thirds vote of the voting members present, in which the member charged shall not denied the right to cast a vote, is necessary to impose any penalty that the Department may consider.

AMENDMENT 3.

ARTICLE IV - OFFICERS AND STANDING COMMITTEES is amended by inserting text as indicated.

Rationale: To ensure Due Process
Amended as struck through or underlined. Introduced 4 January 1988. Adopted 7 March 1988.

SECTION 5. Planning and Policy Committee . The Planning and Policy Committee shall be composed of the three Trustees, President, Secretary, and Chief; and shall be responsible for the long-range planning of the Department, and the development of Department Policy, which shall include the purchase of major items of fire-fighting equipment and apparatus, and the resolution of charges against a member involving matters of governmental regulation, requirements, provisions, policies and standards in regard to fire department operations, personnel and equipment. 

AMENDMENT 4.

ARTICLE V - SELECTION OF OFFICERS AND STANDING COMMITTEES is amended.

Rationale: To facilitate the conduct of Department business on a regular basis and broaden membership participation.
Amended as struck through or underlined. Introduced 4 January 1988. Adopted 7 March 1988.

SECTION 2. Eligibility for Office: 

Paragraph (a). Administrative Office [AMENDMENT 4. : To be eligible for Departmental Administrative Office, as define by Article IV, Section 1, the candidate must be an active member, honorary member, or exempt member still on the active list, with have service as an Active Member in the Department for a period of one year; shall be in  good standing on the Department books; and shall be a resident of Rockleigh Borough. 

AMENDMENT 5.

ARTICLE VI- SPECIFIC DUTIES OF OFFICERS AND MEMBERS is amended by adding and deleting text as indicated.

Rationale: OSHA, NIOSH and SARA regulations pertain to Volunteer Fire Departments and mandate compliance.
Amended as struck through or underlined. Introduced 4 January 1988. Adopted 7 March 1988.

SECTION 2. Command Officers, Firefighters, and Wardens. 

Subsection (A). Chief of the Department. The Chief receives legal authority from the provisions set forth in the Code of Rockleigh Borough, Chapter 18. The Chief shall uphold and enforce all governmental regulations, requirements, provisions, policies and standards in regard to fire department operations, personnel, and equipment. The Chief shall at all times in firematic matters have sole and absolute command of the officers and men present and be responsible for their discipline, and efficiency, and safety. Other responsibilities include: [continues unchanged]

AMENDMENT 6.

ARTICLE VII -  MEETINGS is amended by deleting and adding test as indicated. 

SECTION 1. Regular Meetings: 

Paragraph (e).  Seven (7) Five (5) members eligible to vote shall constitute a quorum. 

Rationale: To facilitate the conduct of business on a regular basis.
Amended as struck through or underlined. Introduced 4 January 1988. Adopted 7 March 1988.

AMENDMENT 7.

ARTICLE II - MEMBERSHIP  is amended in Section 1, Paragraphs (a) and (e):

Rationale: 1. To extend membership opportunity to those that neither reside nor work in Rockleigh Borough. 2. Department decisions involving Taxpayer monies are considered the responsibility of resident members.
Amended as struck through or underlined. Introduced 2 June 2003. Adopted 2 September 2003

SECTION 1. Active Membership [unchanged]

Paragraph (a). Eligibility: A person to be eligible for Active Membership in the Department shall not be less than eighteen (18) years of age, and. Voting privileges are restricted to must either be a residents of Rockleigh Borough or employed within Rockleigh Borough. 

Paragraph (e). Privileges of Active Members: Each Active Member who is a resident of Rockleigh Borough shall be entitled to vote; shall be eligible for office as stipulated herein.; Each Active Member shall be entitled to any and all clothing allowances in accordance with Borough ordinances and in proportion to their response to alarm and their participation in drills; and shall be entitled to all of the privileges and immunities provided by Law.

AMENDMENT 8

ARTICLE II - MEMBERSHIP  is amended in Section 1, Paragraph (f):

SECTION 1. Active Membership in the Department is defined as participating in all of the activities of the Department and accepting all of the responsibilities of membership as specified in Article III and all of the specific duties of membership as specified in Article VI.

Rationale: With a reduction in apparatus, a smaller membership is appropriate.
Amended as struck through or underlined. Introduced 0 Xxx 2005; Adopted 0 Xxx 2005.   

Paragraph (f). Quota: The member of Department shall not exceed fifty (50) forty (40).

 

AMENDMENT 9

ARTICLE II - MEMBERSHIP is amended by adding new Sub Section 4B, Paragraphs (a) - (c):

SECTION 4. Auxiliary Membership and Junior Membership:

Rationale: To promote interest among younger potential firefighters. OSHA and NIOSHA regulations set minimum training requirements for interior structural firefighters (herein defined as Active Members).
Amended as struck through or underlined. Introduced 0 Xxx 2005; Adopted 0 Xxx 2005.

SUBSECTION 4A. Auxiliary Membership. [added subsection designation]

SUBSECTION 4B. Junior Membership. Junior Membership is defined as an Auxiliary Membership but with the following specific stipulations and limitations.

Paragraph (a). Junior Membership is open to residents of Rockleigh Borough between the ages of 16 and 18. 

Paragraph (b). Junior Members shall attend all department drills, meetings, functions, and calls, but with a limited role. 

Paragraph (c). Junior Members have no voting rights and are limited in fire ground and firematic activities as follows: 

Sub Paragraph (i). While Junior Members are permitted to ride the company apparatus to a fire call, Junior Members must vacate company apparatus in a live call situation in favor of an Active member if the apparatus is fully crewed.

Subparagraph (ii). Junior Members shall not be permitted to enter a live burn environment nor to enter a building as part of the initial investigation team. 

Subparagraph (iii). Junior Member shall not be permitted to enter a structure after firematic activities are secured without the full knowledge and permission of the incident commander.