SENATE, No. 1422

STATE OF NEW JERSEY

INTRODUCED JULY 25, 1996

By Senators MATHEUSSEN and INVERSO

An Act concerning the appointment of certain firefighters to paid or part-paid fire departments and amending N.J.S.40A:14-44 and N.J.S.40A:14-45.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.40A:14-44 is amended to read as follows:

    40A:14-44. a. In any municipality where there is a volunteer fire company or force, maintained and controlled by the municipality and a part-paid fire department composed of both paid and volunteer firemen, any appointment to such part-paid fire department shall be made from the members of the volunteer fire company or force, who shall have served as active firemen for at least 2 years next preceding such appointment or from among the exempt firemen of the company or force. If no such member or exempt fireman is available for such appointment, any qualified person may be appointed thereto. Said appointees shall not be under 21 or over 40 years of age at the time of the appointment.

    b. In any municipality where there is a fire district maintained and controlled by a board of fire commissioners and supported by a fire district tax paid by the municipal taxpayers, and in which a fire department or force that is part of the fire district is a part-paid fire department or force composed of both paid and volunteer firemen, any appointment to the part-paid fire department or force shall be made from the members of the volunteer fire department or force who shall have served as active firemen for at least 2 years next preceding the appointment or from among the exempt firemen of the department or force. If no such member or exempt fireman is available for appointment, any qualified person may be appointed. An appointee shall not be under 21 or over 40 years of age at the time of the appointment.

(cf: N.J.S.40A:14-44)

    2. N.J.S.40A:14-45 is amended to read as follows:

    40A:14-45. In any municipality or fire district where an examination is scheduled to determine appointments to the paid or part-paid fire department and force, including a part-paid department and force that is part of a fire district, any qualified fireman having served in the volunteer fire company or force of the municipality or of the fire district for at least 2 years next preceding such appointment shall be entitled, in addition to his earned rating, to service credits of not less than 3 nor more than 10 points as may be determined by the governing body of the municipality or the authority in charge of the appointment process. Said appointee shall be over 21 but not more than 40 years of age at the time of the appointment.

    Nothing herein contained shall establish a preference over a paid fireman temporarily dismissed or on leave of absence for reasons of economy, or the appointment of a paid fireman to a superior position at the time of promotion in said fire department or force.

(cf: N.J.S.40A:14-45)

    3. This act shall take effect immediately.

STATEMENT

    This bill requires that any appointment to a paid position in a part-paid fire department or force that is a part of a fire district must be made from the volunteer members of that fire department or force who have served as active firemen for at least 2 years next preceding the appointment, or from the exempt firemen of the company or force. The bill also requires that in any fire district where an examination is scheduled to determine appointments to a part-paid fire department and force that is part of a fire district, any qualified fireman having served as a volunteer for at least two years next preceeding the appointment will be given not less than 3 or more than 10 service credits, as determined by the authority in charge of the appointment process.

Establishes hiring preference on paid or part-paid fire departments for certain volunteer firefighters.