§ 2.48.040. Membership

A. Applications. Any person desiring appointment to a fire company shall file an application upon the prescribed form which shall be available at the office of the clerk and at the office of the chief. The applicant for the fire company shall file four completed application forms with the clerk. The clerk shall upon the filing of the application retain one copy of the application for his or her file and transmit one copy of the application to the chief and two copies to the personnel committee of the fire company.

Any person desiring to apply to more than one fire company may do so by filing an application for each particular company; however, under no circumstances may a person serve on more than one company.

The application shall have all questions answered and shall have attached thereto a recommendation as to the applicant's character and integrity signed by two persons who own real property and reside in the borough. It shall further include a certified birth certificate or other satisfactory evidence of date of birth. It shall also include the fingerprints of the applicant provided by the police or other approved authority.

B. General Qualifications of Firefighter. No person shall be appointed a member of the Freehold Fire Department unless:

1. The person is a citizen of the United States;

2. The person is of sound mind and body and of good health as required of firefighters. Prior to admission, the applicant shall obtain a certificate from the borough physician stating his or her physical condition and eligibility for membership;

3. The person shall be able to read, write and speak the English language;

4. The person shall be of good moral character and shall not have been convicted of any crime or offense involving moral turpitude.

5. All members must meet all requirements, training, certification, rules and regulations established by the State of New Jersey, department of community affairs, division of fire safety, and all other appropriate regulatory entities, as amended from time to time.

C. Personnel Committee. There shall be a personnel committee for each company of the Freehold Fire Department consisting of three members of the particular company, which members shall be designated by the president of the company and shall serve for a term of three years except, however, the term of the initial appointees shall be for one, two and three years respectively.

D. Classification of Eligibility of Applicant. The personnel committee within ninety (90) days of receipt of the application and supporting papers or within such further time as the applicant may agree to shall submit to the company its findings as to the eligibility of the applicant for consideration to membership. Copies of the findings shall be sent to the applicant, chief and to the mayor and council by certified mail, return receipt requested. No applicant shall be deemed ineligible except for cause. If a personnel committee finds an applicant unqualified, it shall set forth the reasons in writing; and the applicant shall be entitled to a hearing before the company administrative officers of the particular company concerning the findings and classification of the application.

An aggrieved applicant who desires a hearing shall within ten (10) days after the day upon which notice of the results of the findings of the personnel committee is mailed to him or her request of the company in writing a review of his or her application giving specific reasons therefor. Thereafter and within thirty (30) days of receipt of the request for hearing, the administrative officers of the particular company shall hold a hearing to consider the classification of the application, at which hearing the applicant may testify and present evidence to substantiate his or her eligibility for membership to the company.

E. Rejection of Applicants. The personnel committee may reject the application of any person for admission to the fire company for any of the following or other good causes:

1. That the applicant is physically unfit to perform the duties of the position of firefighter;

2. That the applicant is addicted to the habitual or excessive use of drugs, narcotics or intoxicating beverages;

3. That the applicant has intentionally made a false statement in his or her application with regard to any material fact or has practiced or attempted to practice fraud in connection with such application;

4. That the applicant has been guilty of a crime or of other disgraceful conduct involving moral turpitude;

5. That the applicant is found to lack any of the minimum qualifications as stated under subsection B. of this section.

F. Discrimination. No member shall be discriminated against; and no applicant shall be barred from membership because of his or her race, creed, color, national origin or ancestry.

G. Eligibility List. The successful applicant shall be placed on an eligibility list for membership in a company which list shall contain the name of successful applicants by chronological order. If more than one applicant is successful on one particular date, the position on the eligibility list shall be determined by lot.

H. Removal of Names from Eligibility List. From time to time and at least once each year in order to serve public interest in membership procedures, inquiry shall be made in writing to those whose names are on eligibility lists to ascertain whether they are willing to accept appointment if offered. If an eligible is unwilling or if he or she fails to reply in writing within thirty (30) days, his or her name shall be removed from the eligibility list. In all such cases, the person whose name is considered for removal will be notified in writing by certified mail, return receipt requested, of such contemplated action and given a reasonable opportunity to be heard.

I. Election to Membership.

1. Each company shall vote for its own membership. Vacancies in a company shall be filled by the selection of the highest name on its eligibility list, provided, however, such applicant shall receive a majority of the votes cast. Voting shall be open and by roll call. All active members in good standing of the company shall have the right to vote. The election of a member shall be subject to the approval of the council.

2. No applicant shall be denied membership except for cause. If an applicant is denied membership, he or she shall be so advised in writing with the summary of the basis for such denial; and he or she shall be entitled if he or she desires to a hearing before the personnel committee to present evidence to rebut such finding of cause.

3. If the applicant is not satisfied after the aforementioned hearing before the personnel committee, he or she may take an appeal to a committee made up of the president, vice president, secretary, chief and assistant chiefs of the fire department. This committee shall hear all the evidence and shall make a prompt determination on the matter.

4. The council shall have power to fix the number of active members in any company, provided, however, that at the time the number of any company is reduced no member shall be dropped in order to bring the number down to the point fixed by the council.

J. Probationary Period. An applicant who receives approval for membership shall serve a probationary period of one year of actual membership with the department. The company shall keep detailed records of the probationary firefighter's work and progress and at the end of one year after appointment shall file a report with the personnel committee. The personnel committee shall review the report of the company and file its own report with the company for consideration by the members. If it is deemed that the probationer is unable or unwilling to perform the duties of his or her position satisfactorily and according to the general rules and regulations of the department as not to merit continuance in the fire department, the summary of the basis of such conclusion shall be supplied in writing to the probationer; and he or she shall be entitled if he or she desires to a hearing before the personnel committee to present evidence to rebut such conclusions.

If the probationer is not satisfied after the aforementioned hearing before the personnel committee, he or she may take an appeal to a committee made up of the president, vice president, secretary, chief and assistant chiefs of the fire department. This committee shall hear all the evidence and shall make a prompt determination on the matter.

Each company shall vote concerning the final membership of its own probationary members. The membership of the probationer shall terminate if he or she fails to receive a majority of the votes cast by the company. On this matter the probationer shall not have the right to vote. Voting shall be open and by roll call.

No individual can be accepted for final membership after his or her one year probationary period if he or she has not successfully completed Firefighter I Training Course as set forth in N.J.A.C. 5:18C-4.3.

K. Emergency Appointments. When an emergency arises of such nature that in order to prevent loss of life or property, one or more persons may be immediately appointed to a fire company, the chief engineer may appoint any qualified person for a period not exceeding ninety (90) days.

L. Time Within Which Appeals Must be Filed. In all cases in which the aggrieved probationer or other member desires a hearing or other relief, written notice of the appeal or other demand for relief must be received, if not otherwise provided, by the reviewing body within fifteen (15) days of the time in which notice of the act complained of was received by the party seeking such relief.

M. Equipment/Vehicle Operations. No member shall be permitted to operate fire department vehicles or apparatus unless they are at least twenty-one (21) years of age and have at least one full year of service in the fire department. (Ord. 2004/2 §§ 1, 2; Ord. 5/99 § 1; prior code § 3-4)

(Ord. No. 2008/18, 9-15-08)