Final Report Fire Consolidation Advisory Committee Monroe Township, New Jersey July 30, 2012

Transcription

1 Final Report Fire Consolidation Advisory Committee Monroe Township, New Jersey July 30, 2012 Organization Fiscal Impacts Submitted to: Mayor Richard Pucci & Township Council 1 Municipal Plaza Monroe Township, NJ

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3 Fire Consolidation Advisory Committee Report TABLE OF CONTENTS INTRODUCTION... 1 FIRE CONSOLIDATION COMMITTEE MEMBERS... 1 PURPOSE OF ADVISORY COMMITTEE... 2 STUDY ADVISORY COMMITTEE PROCESS... 2 FACT-FINDING SUMMARY TOWNSHIP CENSUS DATA... 4 STRENGTHS & WEAKNESSES OF FIRE DISTRICTS... 4 PER CAPITA FIRE PROTECTION SPENDING BUDGETS AND TAX RATES... 5 FIRE DISTRICT BUDGET COMPARISONS... 5 LABOR AGREEMENTS SELECTED PROVISIONS... 5 FIRE DISTRICT CAPITAL NEEDS... 5 TRI-DISTRICT ORDINANCE... 5 FIRE PREVENTION AND INSPECTIONS... 6 APPLICABLE NEW JERSEY FIRE DISTRICT LAW... 6 MONROE TOWNSHIP FIRE DISTRICTS CODE... 6

4 Fire Consolidation Advisory Committee Report LEGAL OPINION MERGER OF FIRE DISTRICTS... 6 CONCLUDING RECOMMENDATIONS FIRE CONSOLIDATION STUDY BENCHMARK RECOMMENDATIONS... 7 Specific Fire Consolidation Benchmark Recommendations... 7 APPENDICES...Follow page 9 A. Township Census Data B. Strengths And Weaknesses of Fire Districts C. Per Capita Fire Protection Spending D Budgets and Tax Rates E. Fire District Budget Comparisons F. Labor Agreements Selected Provisions G. Fire District Capital Needs H. Tri-District Ordinance I. Fire Prevention and Inspections J. Applicable New Jersey Fire District Code K. Monroe Township Fire Districts Code L. Opinion Monroe Township Merger of Fire Districts M. Draft Monroe Township Shared Services Agreement

5 Fire Consolidation Advisory Committee Report INTRODUCTION The Fire Consolidation Advisory Committee was charged by Mayor Richard Pucci with the responsibility of reviewing the May 2011 Fire District Consolidation Study Report (as prepared by Les Adams, President of Public Safety Solutions, Inc. of Chester, Maryland), gain relevant input from interested parties, clarify any observations, conclusions & recommendations based on input, evaluate significance of input cited by stakeholders, staff & volunteers in order to ultimately prepare and submit final recommendation in a report to the Mayor & Council. FIRE CONSOLIDATION COMMITTEE MEMBERS The following individuals were appointed to the Fire Consolidation Advisory Committee by Mayor Richard Pucci: Chairman Wayne Hamilton, Township Business Administrator Michael Leibowitz, Councilman Charlie Dipierro, Fire District #1, Board of Commissioners Chairman Maurice Mahler, Fire District #2, Board of Commissioners Chairman Doug Martin, Fire District #3, Board of Commissioners Chairman Jim Grande, IAFF Local 3170 President Richard Hayes, Former Fire Chief Monroe Volunteer Fire Company #1 Lonnie Pipero, Chief Monroe Volunteer Fire Company #1 Mark Davis, Deputy Chief Applegarth Volunteer Fire Company Ruth Banks, League of Women Voters Robert Hluchy, Monroe Township Resident Les Adams, President of Public Safety Solutions, Inc., assisted the Committee as a subject matter expert. 1

6 Fire Consolidation Advisory Committee Report PURPOSE OF ADVISORY COMMITTEE Upon appointment of the members by Mayor Richard Pucci, the Fire Consolidation Study Advisory Committee was asked to: 1. Conduct an in-depth review of the May 25, 2011 Study Report as prepared by Les Adams of Public Safety Solutions, Inc. 2. Complete additional fact-finding as necessary. 3. Review the governing options in the May 25 Report. 4. Make recommendations to the Mayor & Council. STUDY ADVISORY COMMITTEE PROCESS The Study Committee held its first meeting on June 20, 2011, and has subsequently met ten (10) times in the course of conducting the work related to its charge. A broad range of topics related to the Public Safety Solutions, Inc. (PSSi) report and input from members of the Committee and stakeholders were discussed in great detail. The following are subjects reviewed and assessed by the Study Advisory Committee in the course of its deliberations: An overview of the May 25, 2011, PSSi Report by Mr. Les Adams Clarification of any observations, conclusions, recommendations and options contained in the PSSi Report Input from interested parties, including, stakeholders, staff and volunteers 2010 Township and Fire District Census data and population demographics Briefing on PSSi Report fire station locations findings and conclusions Jackson Township shared services and consolidation status update Methods of operations of Township Fire Districts Volunteer services provision of services Paid staff provision of services matters Options for governing fire districts Functionality of Tri-District Council A number of emergency incidents occurring during the course of Committee work Strengths and weaknesses of each of the three Fire Districts Presentations by officials of each of the three Fire Districts History of services provision by volunteer firefighters and officers 2

7 Fire Consolidation Advisory Committee Report Comparative per capita cost analysis information Dispatch issues and concerns Fire prevention programs of the three Fire Districts Various models for organizing and directing fire services organizations Various approaches for cost control and reduction Opportunities for organizational improvement, including hiring a Township-wide Fire Chief Various approaches to recruitment and retention of volunteer members of Monroe Township Further, during the course of its deliberations the Study Advisory Committee reviewed and assessed the following documents and information: Budgets and related documents of the three Township Fire Districts Monroe Township Fire District tax data and information IAFF Labor contract information Fire District capital (apparatus and stations) information Monroe Township Tri-District Ordinance Various Jackson Township Fire District shared services documents Considerations for Consolidation of Fire Districts & Operations Report by Leslie G. Barta Work schedules and table of organization document Various communications/dispatch related documents New Jersey Uniform Shared Services and Consolidation Act Various legal correspondence relating to fire districts and shared services Various position-related job descriptions Fire District inspection and code enforcement data and program information A number of documents and comparative analysis spreadsheets relating to topics of discussion during the Study Advisory Committee meetings are included as appendices to this Committee Report and are discussed in further detail in the following sections. 3

8 Fire Consolidation Advisory Committee Report FACT-FINDING SUMMARY TOWNSHIP CENSUS DATA Appendix A The Monroe Township Census data for 2000 and 2010 was reviewed by the Committee. It was noted that the total population of the Township in 2000 and 2010 was 27,999 and 39,132 respectively. Further, it was noted that the median age of the population served by the three Fire Districts was 58.9 in 2000 and declined to 53.2 in Most importantly the target population age of 15 to 44 years old increased from 6,692 in 2000 to 9,722 in 2010 for a total increase of 45%. This is noteworthy as this age group is the targeted age for volunteer recruitment and development. A summary of the U. S. Census Bureau Demographic Profile Data for Monroe Township, as reviewed by the Committee, is included in Appendix A for informational purposes. STRENGTHS AND WEAKNESSES OF EACH FIRE DISTRICT Appendix B The relative strengths and weaknesses of each of the Monroe Township Fire Districts was outlined and discussed by the leadership of each Fire District. A summary of these strengths and weaknesses was further reviewed by the Fire Consolidation Advisory Committee and is outlined in Appendix B. Noted weaknesses in all of the districts included the lack of interdepartmental training, the lack of coordinated SOG s (Standard Operating Guidelines) and a lack of integrated command structure between districts. Further weaknesses included, the need for more support and better relations between the Commissioners of Fire District 2 and the volunteer firefighters and officers of the Applegarth Volunteer Fire Company. Another major deficiency noted in Fire District 3 was the employment of an administrative chief with no operational command authority. PER CAPITA FIRE PROTECTION SPENDING Appendix C Per Capita cost of provision of fire services by the Monroe Township Fire District ($ per person) was analyzed for It was then compared to the average per capita costs ($ per person) of the provision of fire services in similar municipalities 4

9 Fire Consolidation Advisory Committee Report in the Mid-Atlantic region of the U. S., as outlined for 2010 in the International City Management Association Year Book, The results of this analysis and comparison are included as Appendix C BUDGETS AND TAX RATES Appendix D Despite large growth in the total assessed valuation in Monroe Township from 2004 to 2011, totaling 28.89%, the total Fire District budgets increased 45.89% and the tax levy increased 84.97%. The results of this comparison of Fire District budgets and tax rates is included as Appendix D. FIRE DISTRICT BUDGET COMPARISONS Appendix E When comparing the Fire Districts the salary and benefits expenses of career firefighters and officers shows significant impact on overall costs of operations versus the more cost effective operating budget of an all-volunteer staffed approach in Fire District 1. Appendix E is budget the comparison of budgets of the Fire Districts. LABOR AGREEMENTS SELECTED PROVISIONS Appendix F The comparative analysis of selected provisions of the labor agreements between Fire Districts 2 and 3 should be self-explanatory to the reader. FIRE DISTRICT CAPITAL NEEDS Appendix G Each Fire District was asked to identify its capital needs for at the least the next five (5) years. Appendix G is a set of tables that summarize the projected capital needs. TRI-DISTRICT ORDINANCE Appendix H In 1990, the Monroe Township Tri-District Ordinance established the Tri-District Fire Advisory Council and is included as an informational item with this Committee Report. The PSSi Report and Committee discussion affirmed that the Tri-District Fire Advisory Council has not been effective and more recently has not been active. 5

10 Fire Consolidation Advisory Committee Report FIRE PREVENTION AND INSPECTIONS Appendix I Each Fire District was asked to provide the fire prevention and inspections activity. Appendix I includes the information provided to the Committee. APPLICABLE NEW JERSEY FIRE DISTRICT LAW Appendix J For reference purposes, a copy of the current applicable New Jersey Fire District Law is attached as Appendix J. MONROE TOWNSHIP FIRE DISTRICTS CODE - Appendix K For reference purposes, a copy of the current Monroe Township Fire Districts Code is attached as a resource to the reader. This Code was reviewed and considered as part of the Committee deliberations. It would need to be modified by the Township, depending on the future decisions relating to the existence and structure of Monroe Township Fire Districts. LEGAL OPINION MERGER OF FIRE DISTRICTS Appendix L This legal opinion by Shain, Schaffer & Rafanello was provided at the request of the Committee by the Township. It outlines the legal requirements to consolidate or change the boundaries between existing fire districts. Specifically, asked for clarification relating to the legal methodology to alter the territory covered by one or more of the three districts. Additionally, and in the event the Township alters the boundaries between the existing districts, whether all three districts must be dissolved and consolidated into one district, or whether Monroe may keep one of its old districts and consolidate the two remaining districts. In summary, the opinion rendered stated that the fire districts may be consolidated or their boundaries changed by dissolving the existing districts by ordinance and creating new ones which would receive the assets and assume the liabilities of the predecessor districts. If the Township seeks to merge its existing fire districts, it may either dissolve and consolidate all three districts into one district, or it may keep one of its old districts and consolidate the two remaining district. 6

11 Fire Consolidation Advisory Committee Report CONCLUDING RECOMMENDATIONS FIRE CONSOLIDATION STUDY BENCHMARK RECOMMENDATIONS The Fire Study Consolidation Committee members spent a considerable amount of time and effort considering various benchmarks that would need to be met over the next four years in order for the Township to maintain or re-evaluate the future of the three (3) separate fire districts. The following are the specific benchmark trigger points that would need to be met. Specific Fire Consolidation Benchmark Recommendations The three (3) existing Fire Districts shall be retained with the understanding that the following benchmarks will be implemented over the next four (4) years. Failure to achieve the benchmarks will trigger the Township to re-evaluate the future of three (3) separate districts. 1. A shared services agreement (see Appendix M) shall be executed by the three (3) fire districts and the Township in order to employ a full-time career Township wide Fire Chief with successful experience in leading a combination (career & volunteer) department. The Township-wide Fire Chief would be employed by the Township with all payroll, benefits and office expenses to be reimbursed equally by the three (3) districts. A nationwide search should be conducted to seek a Chief with full operations command authority (no administrative only candidates shall be considered). The new Chief would establish uniform Standard Operating Guidelines, training programs and an integrated command structure incorporating both career and volunteer officers with guidance and oversight to be provided by a Fire Management Committee. This Study committee further recommends that Les Adams of Public Safety Solutions, Inc. be engaged to serve as a consultant to the Fire Management Committee for the recruitment and hiring of the new Chief. 2. District #3 needs to achieve a 10% reduction of its 2012 annual operating expenses (exclusive of debt service, capital expenses, pension and employee health benefits expenses) over a four year period with career staffing not to exceed current levels. 7

12 Fire Consolidation Advisory Committee Report 3. District #2 needs to achieve a 10% reduction of its 2012 annual operating expenses (exclusive of debt service, capital expenses, pension and employee health benefits expenses) over a four-year period with career staffing not to exceed current levels. 4. The extraordinary success of the volunteers in Fire District #1, the only allvolunteer district in the Township, must be acknowledged. A volunteer force shall be utilized and encouraged to grow in the other 2 districts. An aggressive recruitment & retention program shall be instituted throughout the Township, as it has worked very well for District #1. District #3 shall have a fully operational and trained volunteer force within 3 years. All volunteers should have the same benefits such as LOSAP and insurance. The Study Committee further suggests that one single volunteer organization be established for the Township vs. three (3) individual volunteer organizations serving each of the 3 districts. 5. It is advisable to eventually have one Master Labor Agreement for all career personnel to reduce costs and provide parity among all career personnel. 6. Fire inspectors in all 3 districts should eventually be combined, thereby creating a single fire prevention bureau. 7. Fair & equitable budgets need to be developed to operate volunteer departments in a realistic and safe manner. Specifically, a realistic agreement needs to be negotiated between Fire District #2 and the Applegarth Volunteer Fire Company. 8. More cooperative and joint purchasing must take place between the Fire Districts and also with the Township in order to help reduce costs. All operating expenses should be on the table, including professional services, insurance, equipment, maintenance, fuel, etc. 9. A township-wide 5 year plan should be developed under the direction of the new Chief to coordinate all major equipment purchases and building projects. It is imperative that all fire department operations and purchases be looked at from a township-wide perspective, not just on a district-wide basis. 10. All emergency services in the Township should look for opportunities to reduce costs and provide efficiencies by utilizing joint purchases, sharing of facilities, and improved coordination of jointly used infrastructure such as radio systems and dispatching. 11. An oversight advisory committee shall be appointed by the Mayor & Council to provide progress updates in meeting the benchmarks throughout the four year period. 12. The Tri-District Council shall be abolished and the ordinance amended accordingly. 8

13 Fire Consolidation Advisory Committee Report 13. A Fire Management Committee shall be created and be composed of the Chairs of the 3 districts (or the Vice Chairs in the absence of the Chairs) and the Township Business Administrator who shall serve as decision makers with ex officio input from Fire Operations staff. The Fire Management Committee shall be responsible for the recruitment & hiring of the new Chief and to provide guidance and oversight as uniform policies & procedures, uniform training and an integrated command structure are developed and implemented. It should be noted that SOG s should be developed by the Chief and line officers and submitted for approval to the 3 Fire District Boards before implementation. In conclusion, the Fire District Consolidation Committee has worked diligently over the last year to analyze in a fair and objective manner how the Township provides fire emergency services to all of our residents, and to develop a comprehensive series of recommendations that will meet the long-term needs of the Township. We appreciate the efforts of our volunteers and career staff. We believe that over the years with the growth and diversity of our Township, the fire service has done an outstanding job in carrying out its firefighting responsibilities. We also strongly believe that there is a need to improve the management and administration of the fire service in Monroe. The implementation of these recommendations is a critical step forward in this process. 9

14 APPENDICES A. TOWNSHIP CENSUS DATA B. STRENGTHS AND WEAKNESSES OF FIRE DISTRICTS C. PER CAPITA FIRE PROTECTION SPENDING D BUDGETS AND TAX RATES E. FIRE DISTRICT BUDGET COMPARISONS F. LABOR AGREEMENTS SELECTED PROVISIONS G. FIRE DISTRICT CAPITAL NEEDS H. TRI-DISTRICT ORDINANCE I. FIRE PREVENTION AND INSPECTIONS J. APPLICABLE NEW JERSEY FIRE DISTRICT CODE K. MONROE TOWNSHIP FIRE DISTRICTS CODE L. OPINION MONROE TOWNSHIP MERGER OF FIRE DISTRICTS M. DRAFT MONROE TOWNSHIP SHARED SERVICES AGREEMENT

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17 APPENDIX B STRENGTHS AND WEAKNESSES

18 STRENGTHS AND WEAKNESSES The strengths and weaknesses of each of the fire districts is listed below. The leadership of each fire district outlined these in discussions with the Fire Study Advisory Committee. FIRE DISTRICT #1 Strengths Weaknesses Manpower pool Building constraints Team work Inter-department training Fire prevention and code Lack of coordination of SOG s enforcement Tri-District Council Backing of Commissioners good governing support Caring people Training Family dedication from generations Volunteer recruiting Low cost Safety program FIRE DISTRICT #2 Strengths Weaknesses New facility on Halsey Reed Road Combine training career and EMS in house volunteer Morale is better Increasing costs Tax levy Good relationship with other districts Aging equipment and EMS Volunteer building needs Improving relationships with improvement volunteers Communications Inter-departmental training Lack of coordination of SOG s Reel-in loose cannons to improve relations betweens, volunteers and career staff Lack of solid contract w/ volunteers Lack of reasonable budget for volunteers

19 FIRE DISTRICT #3 Strengths Weaknesses Two trucks fast response 24/7 Inter-department training Training Lack of Coordination of SOG s Fire prevention Tri-District Council Public education Public relations New equipment Incident command structure chief EMS-back-up having no operations command authority Condition of Station 23A

20 APPENDIX C PER CAPITA FIRE PROTECTION SPENDING

21 COMPARATIVE FIRE COSTS PER CAPITA In a comparison of national data for average fire costs among cities within different population ranges, the International City/County Management Association (ICMA) publishes police and fire data in the ICMA Year Book. According to the (ICMA) Municipal Year Book, 2011, the average per capita costs in 2010 for fire services were as follows: City Classification (2010) Per Capita Costs 48 cities of all sizes in Mid-Atlantic: $ cities with a population range of 25,000 to 50,000: $ cities with a population range of 10,000 to 25,000: $ Monroe Township Fire Districts: (2011) $ According to the ICMA, their data include retirement, hospitalization, and other costs. Officials are encouraged to exercise caution in interpreting the comparative data, and are encouraged to verify published data before making any decisions on the data. Caution is required in the interpretation of any comparative data.

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37 APPENDIX H MONROE TOWNSHIP TRI-DISTRICT FIRE ADVISORY COUNCIL CODE

38 ARTICLE V Tri-District Fire Advisory Council [Adopted as Ord. No ] Establishment of Advisory Council. A Tri-District Fire Advisory Council is hereby established within the Township of Monroe for the purpose of discussing matters relating to the fire districts within the township and advising the governing body on a semi-annual basis as to all matters relating to fire prevention within the township Membership. The Tri-District Fire Advisory Council shall consist of nine (9) members, one (1) of whom shall be the Fire Chief of District 1, or his or her designee; one (1) of whom shall be the Fire Chief of District 2, or his or her designee, one (1) of whom shall be the Fire Chief of District 3, or his or her designee; one (1) of whom shall be the Chief of Police; one (1) representative from each of the respective Boards of Fire Commissioners; one (1) of whom shall be a member of the Township Council appointed by a majority of the Township Council; and one (1) of whom shall be appointed by the Mayor Chairman; Term of office. At its first meeting, the Tri-District Fire Advisory Council shall elect a Chairman. The members of the Tri-District Fire Advisory Council who are Fire Chiefs shall serve as members of the Council for so long as they serve as Fire Chiefs. The members of the Tri- District Fire Advisory Council who serve on their respective Board of Fire Commissioners shall each serve terms of two (2) years and the members of the Tri- District Fire Advisory Council to be appointed by the Mayor and Township Council shall serve for a term of two (2) years Vacancies. Any vacancy in the membership shall be filled by the relative appointing authority.

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45 APPENDIX J APPLICABLE NEW JERSEY FIRE DISTRICT LAW

46 FIRE DISTRICTS (Applicable New Jersey Law) 40A: Fire district designation; procedure; election of commissioners In any municipality not having a paid or part-paid fire department and force, the governing body, upon application of at least 5% of the registered voters or 20 legal voters, whichever is the greater, shall consider the designation of a fire district. Upon receipt of the application, the governing body shall fix a time and place for a hearing thereon. The municipal clerk shall advertise the notice of the hearing in a newspaper circulating in the county wherein the municipality is located at least once and not less than 10 days prior to the hearing. After the hearing the governing body shall determine the question of designation of a fire district. If the governing body decides that the designation of a fire district is appropriate, it, by ordinance, shall designate a territorial location or locations for use as a fire district or fire districts and, by resolution, provide for the election of a board of fire commissioners for the district or each district, to consist of five persons, residents therein, and specify the date, time and place for the election of the first board. The district or each district shall be assigned a number and the commissioners thereof and their successors shall be a body corporate, to be known as "the commissioners of fire district No in (name of municipality), county of (name of county)." The said body corporate shall have the power to acquire, hold, lease, sell or otherwise convey in its corporate name such real and personal property as the purposes of the corporation shall require. All sales and leases of real and personal property shall be in accordance with the provisions of section 13 or 14, as appropriate, of the "Local Lands and Buildings Law, " P.L. 1971, c.199 (C.40A:12-13 or 40A:12-14). Said body corporate may adopt and use a corporate seal, sue or be sued and shall have such powers, duties and functions as are usual and necessary for said purposes. On the date and at the time and place specified for the election of the first board the clerk of the municipality shall conduct the election and shall preside at the meeting until the board shall have been elected. At the first meeting of a newly elected board of fire commissioners of a district the board shall choose a chairman and fix the place for the annual election. The members of the board shall divide themselves by lot into three classes: the first to consist of two members whose terms shall expire at 12 o'clock noon on the first Tuesday in March of the year following the year in which the first board is elected; the second, two members whose terms shall expire at 12 o'clock noon on the first Tuesday in March of the second year following that year; and the third, one member whose term shall expire at 12 o'clock noon on the first Tuesday in March of the third year following that year. The terms of fire commissioners in each class, other than members of the first board, shall expire at 12 o'clock noon on the first Tuesday in March of the third year following the year in which they were elected.

47 Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election, at which time a resident of the district shall be elected for the unexpired term. Amended 1979, c.325, s.1; 1979, c.381, s.1; 1980, c.105, s.10; 1985, c.288, s.1; 1991, c.223, s.1. 40A: Establishment of a volunteer fire company within a fire district; contract with volunteer fire company outside fire district a. Any persons desiring to form a volunteer fire company to be located within or otherwise servicing the area encompassing a fire district or other type of volunteer organization which has as its objective the prevention of fires or regulation of fire hazards to life and property therein shall first present to the board of fire commissioners a written application for the organization of such company. Such application shall be in the form of a duly verified petition signed by them stating the kind of company which they desire to organize, the name or title thereof, the number and names of the proposed members thereof, and their places of residence. The board of fire commissioners, after considering such application and approving the members of the proposed company, may by resolution grant the petition and constitute such applicants a volunteer fire company of the district. b. The board of fire commissioners of a fire district not having a paid or part-paid fire department and force may contract with a volunteer fire company or companies for the purpose of extinguishing fires, upon those terms and conditions as shall be deemed proper. The members of the company shall be under the supervision and control of the board of fire commissioners and in performing fire duty shall be deemed to be exercising a governmental function; however, the appointment or election of the chief of the volunteer fire company shall remain the prerogative of the membership of the fire company as set forth in the company's certificate of incorporation or bylaws. Amended 1989, c.285, s.2. 40A: Nominating petitions Candidates for membership on the board shall be nominated by verified petitions. Any such petition shall be in writing, addressed to the municipal clerk or the clerk of the board, as the case may be, stating that the signers thereof are qualified voters and residents in the district and requesting that the name of the candidate be placed on the official ballot. The petition shall state the residence of the candidate and certify his qualification for membership. The candidate's consent to his nomination shall be annexed to the petition and shall constitute his agreement to serve in the event of his election. The petition shall contain the name of only one candidate, but several petitions may nominate the same person. Each petition shall be signed by not less than 10 qualified voters and shall be filed at least 28 days before the date of the election. Any form of a petition of nomination which is provided to candidates by the Secretary of

48 State, the county clerk, or the municipal clerk shall contain the following notice: "Notice: All candidates are required by law to comply with the provisions of "The New Jersey Campaign Contributions and Expenditures Reporting Act, ' P.L. 1973, c. 83 (C. 19:44A-1 et seq.). For further information please call (insert telephone number of the Election Law Enforcement Commission)." If a petition is found to be defective, either in form or substance, the municipal clerk or the clerk of the board, as the case may be, shall forthwith notify the candidate to cause it to be corrected before the petition is given consideration. P.L. 1971, c. 197, 1, eff. July 1, Amended by L. 1973, c. 235, 1, eff. Oct. 24, 1973; L. 1985, c. 288, 2. 40A: Annual fire district elections An election shall be held annually on the third Saturday in February in each established fire district for the election of members of the board according to the expiration of terms. The initial election for a newly created fire district may take place on another date as a governing body may specify under N.J.S. 40A:14-70, but the annual election thereafter shall be held on the third Saturday in February. The place of the election shall be determined by the board and a notice thereof, and of the closing date for the filing with the clerk of the board of petitions of nomination for membership on the board, shall be published at least once in a newspaper circulating in the district, at least six weeks prior to the date fixed for the election. Fire districts located in the same municipality may combine the publication of their notices of election. For the purpose of this section, "notices of election" shall include the notices required to be published under section 7 of P.L.1953, c.211 (C.19:57-7). The legal voters thereat shall determine the amount of money to be raised for the ensuing year and determine such other matters as may be required. Amended 1973, c.25, s.1; 1973, c.235, s.2; 1985, c.288, s.3; 1994, c A: Board of fire commissioners; general powers The commissioners of a fire district shall have the powers, duties and functions within said district to the same extent as in the case of municipalities, relating to the prevention and extinguishment of fires and the regulation of fire hazards. Nothing contained herein shall be deemed to affect the powers, duties and functions of the State Department of Environmental Protection pertaining to forest fire services. P.L. 1971, c. 197, 1, eff. July 1, A: Employees and volunteer firemen; reimbursement for expenses and Losses Any employees of a fire district and any volunteer firemen having membership in a volunteer fire company within the fire district may be reimbursed within the limitations

49 of amounts appropriated therefore in the annual district budget for expenses and losses actually incurred in the performance of their duties. P.L. 1979, c. 453, 4. 40A: Limitation of average hours of duty for uniformed members of fire district fire departments The board of commissioners of a fire district having a uniformed paid or part-paid fire department, by resolution, may adopt a schedule of hours of actual duty for the members of such district fire department based upon an average of 56 hours per week in any 6- week cycle, but in cases of emergency the official in charge shall have authority to retain any uniformed member on duty during the period of the emergency and in any such case and within 12 months thereafter such member shall be given hours off from the average 56 hours per week in any 6-week cycle to compensate him for the extra hours served by him during such emergency. Any such resolution shall be inoperative unless and until it shall have been submitted to and adopted by the legal voters within said fire district at the annual election held for commissioners of the board, or at a special election for such purpose. The resolution shall be submitted as a public question in the manner prescribed by law, by resolution of said board, or by filing with the clerk of the board of fire commissioners of such district a petition for such submission, signed by at least 20% of the legal voters who voted in the next preceding annual election for members of the board of fire commissioners. The question shall be submitted substantially as follows: "Insert the name and number of the fire district and state the question as to whether the fire department of the district shall be maintained in such manner as to provide that no uniformed member thereof shall be required to remain on duty in excess of 56 hours per week in any 6-week cycle except in cases of emergency." If a majority of the legal voters voting on such question vote in favor of the adoption, the resolution on and after January 1 following such election shall become operative. P.L. 1971, c. 197, 1, eff. July 1, A: Leasing space in building of fire district The board of fire commissioners of a fire district may lease at a nominal rental space in any of its buildings to the municipality in which the district is located. P.L. 1971, c. 197, 1, eff. July 1, A: Revenue for fire district purposes; limitations; meetings The legal voters, at the annual meeting or at a special meeting called by the commissioners of the fire district, may vote to raise money for a firehouse, apparatus and

50 appliances in connection therewith for fire extinguishing purposes, in an amount not exceeding 5 mills on the dollar of the last assessed valuation of the property in the fire district. The amount so voted for shall be included in the next succeeding annual budget of the fire district under the section for capital appropriations. Any such special meeting shall be called on 10 days' notice by the board of fire commissioners, to be posted in five public places in the district, setting forth the time, place and object of the meeting and the legal voters shall determine the amount of money to be raised. P.L. 1971, c. 197, 1, eff. July 1, Amended by L.1979, c. 453, A: Enlargement of fire district The governing body of a municipality having a fire district therein, by ordinance, may enlarge such fire district by extending the boundaries thereof to include additional territory in such municipality but not included in another fire district. Upon the adoption of any such ordinance and publication thereof as required by law the additional territory shall become part of said fire district. Nothing contained herein shall affect the terms or tenure of members of the board of fire commissioners or officers or personnel thereof, nor the bonds and obligations, if any, of such fire district. P.L. 1971, c. 197, 1, eff. July 1, Amended by L.1979, c. 381, 2, eff. Feb. 5, A: Dissolution of fire district Upon a written application therefore, of at least 5% of the registered voters or 20 legal voters whichever is the greater the governing body of the municipality, wherein the fire district is located, shall consider the dissolution of the fire district. Upon receipt of such an application the governing body of said municipality shall fix a time and place for a hearing thereon. The municipal clerk shall advertise the notice of hearing in a newspaper circulating in the county wherein the municipality is located at least once and not less than 10 days prior to the meeting. After the hearing the governing body of said municipality shall determine the question of the proposed dissolution. If a resolution be adopted that the fire district be dissolved, any moneys remaining in the fire district treasury shall be disposed of as the said governing body shall direct. P.L. 1971, c. 197, 1, eff. July 1, Amended by L.1979, c. 381, 3,eff. Feb. 5, A: Cancellation of taxes or refunds on dissolution of fire district In any municipality wherein a fire district is dissolved the governing body of the

51 municipality may cancel unpaid tax levies for the fire distract or refund fully or proportionately without interest any moneys paid by the taxpayers in said fire district to the collector of the municipality, but the total amount of any such refunds shall not exceed the amount of money on hand for the account of the fire district upon said dissolution. P.L. 1971, c. 197, 1, eff. July 1, A: Illegally created fire district; abatements or refunds Upon a written application therefor, of at least 20 legal voters residing in a fire district, alleging that the fire district was not created in accordance with law, and upon a determination by the governing body that said allegation is fully supported by uncontradicted evidence and that taxes have been assessed on their property, the governing body of the municipality, by resolution, may abate and remit all of such unpaid taxes and authorize refunds of taxes paid to the taxpayers. P.L. 1971, c. 197, 1, eff. July 1, A: Formation of new municipalities; abolition of fire district; apportionment of assets and liabilities A fire district shall be deemed abolished when the municipality in which it is located shall be divided and formed into or become part of 2 or more new municipalities. Upon such abolition the governing bodies of the new municipalities and the treasurer or custodian of the funds of said fire district shall meet at a time and place to be designated by the clerk of the new municipality wherein the fire district or greater part thereof is located. The notice of the meeting shall be served personally or by certified mail upon each member of the board of said fire district, not less than 10 days prior to the meeting. At the meeting the property of the fire district shall be apportioned between or among said new municipalities in proportion to the aggregate value of the buildings and contents of such fire district located respectively therein as ascertained from the last assessment for said fire district. A written report of such apportionment, signed by the members of the governing bodies present at said meeting, shall be made. The report shall set forth the current assets and liabilities and the division of the money and property of the fire district. The taxpayers of the respective new municipalities shall be liable to pay their proportion of the debts, if any, of said fire district. Upon the ascertainment of the amount of money to be paid and the property to be distributed and the manner of such payment and distribution to each municipality, the treasurer or custodian of funds of said fire district shall pay and transfer said moneys and property accordingly. P.L. 1971, c. 197, 1, eff. July 1, 1971.

52 40A: Section 40:47-51 of the Revised Statutes saved from repeal Section 40:47-51 of the Revised Statutes is saved from repeal. [The act saved from repeal by said section, which section is now saved from repeal, provided that cities and municipalities not having a paid fire department prior to March 1, 1886 may create and maintain such a fire department and are authorized to establish said department by referendum and provide for the appointment, powers and duties of a board of fire commissioners.] P.L. 1971, c. 197, 1, eff. July 1, 1971.

53 APPENDIX K MONROE TOWNSHIP FIRE DISTRICTS CODE

54 Establishment. ARTICLE II Fire District No. 1 [Adopted as Ord. No ] In accordance with the provisions of N.J.S.A. 40A:14-70 et seq., there is hereby established within the Township of Monroe, County of Middlesex, a fire district, to be known as "Fire District No. l," whose territorial boundary shall be as set forth on Schedule A Board of Fire Commissioners established. A Board of Fire Commissioners, which shall have the powers, duties and functions within said fire district to the same extent as in the case of municipalities, such powers, duties and functions relating to the prevention and extinguishment of fire and the regulation of fire hazards, to consist of five (5) persons, residents therein, shall be elected at an election to be conducted by the Township Clerk Nomination of candidates. Candidates for membership on the Board of Fire Commissioners shall be nominated by verified petitions. Each petition shall be signed by not less than ten (10) qualified voters and shall be filed at least twenty-eight (28) days before the date of the election Chairman of Board; terms of office. At the first meeting of a newly elected Board of Fire Commissioners of a district, the Board shall choose a Chairman and shall fix the time and place for the annual election. The members of the Board shall divide themselves by lot into three (3) classes, the first to consist of two (2) members to be elected for terms of one (1) year; the second, two (2) members for terms of two (2) years; and the third, one (1) member for a term of three (3) years. Upon the expiration of said terms, their successors shall be elected for terms of three (3) years Vacancies. Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election, at which time a resident of the district shall be elected for the unexpired term.

55 Establishment. ARTICLE III Fire District No. 2 [Adopted as Ord. No ] In accordance with the provisions of N.J.S.A. 40A:14-70 et seq., there is hereby established within the Township of Monroe, County of Middlesex, a fire district, to be known as "Fire District No. 2," whose territorial boundary shall be as set forth on Schedule A Board of Fire Commissioners established. A Board of Fire Commissioners, which shall have the powers, duties and functions within said fire district to the same extent as in the case of municipalities, such powers, duties and functions relating to the prevention and extinguishment of fire and the regulation of fire hazards, to consist of five (5) persons, residents therein, shall be elected at an election to be conducted by the Township Clerk Nomination of candidates. Candidates for membership on the Board of Fire Commissioners shall be nominated by verified petitions. Each petition shall be signed by not less than ten (10) qualified voters and shall be filed at least twenty-eight (28) days before the date of the election Chairman of Board; terms of office. At the first meeting of a newly elected Board of Fire Commissioners of a district, the Board shall choose a Chairman and shall fix the time and place for the annual election. The members of the Board shall divide themselves by lot into three (3) classes, the first to consist of two (2) members to be elected for terms of one (1) year; the second, two (2) members for terms of two (2) years; and the third, one (1) member for a term of three (3) years. Upon the expiration of said terms, their successors shall be elected for terms of three (3) years Vacancies. Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election, at which time a resident of the district shall be elected for the unexpired term.

56 Establishment. ARTICLE IV Fire District No. 3 [Adopted as Ord. No ] In accordance with the provisions of N.J.S.A. 40A:14-70 et seq., there is hereby established within the Township of Monroe, County of Middlesex, a fire district, to be known as "Fire District No. 3" whose territorial boundary shall be as set forth on Schedule A Board of Fire Commissioners established. A Board of Fire Commissioners, which shall have the powers, duties and functions within said fire district to the same extent as in the case of municipalities, such powers, duties and functions relating to the prevention and extinguishment of fires, and the regulation of fire hazards, to consist of five (5) persons, residents therein, shall be elected at an election to be conducted by the Township Clerk Nomination of candidates. Candidates for membership on the Board of Fire Commissioners shall be nominated by verified petitions. Each petition shall be signed by not less than ten (10) qualified voters and shall be filed at least twenty-eight (28) days before the date of the election Chairman of Board; terms of office. At the first meeting of a newly elected Board of Fire Commissioners of a district, the Board shall choose a chairman and fix the time and place for the annual election. The members of the Board shall divide themselves by lot into three (3) classes, the first to consist of two (2) members to be elected for terms of one (1) year; the second, two (2) members for terms of two (2) years; and the third, one (1) member for a term of three (3) years. Upon the expiration of said terms, their successors shall be elected for terms of three (3) years Vacancies. Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election, at which time a resident of the district shall be elected for the unexpired term.

57 APPENDIX L OPINION - MONROE TOWNSHIP FIRE DISTRICTS MERGER

58

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60

61 APPENDIX M DRAFT SHARED SERVICES AGREEMENT FOR MONROE TOWNSHIP-WIDE FIRE CHIEF

62 SHARED SERVICES AGREEMENT FOR A TOWNSHIP-WIDE FIRE CHIEF This agreement (hereinafter referred to as the Agreement ) made this day of, 2012, by and between the Township of Monroe, a Municipal Corporation under the laws of the State of New Jersey, with offices located at 1 Municipal Plaza, Monroe Township, NJ (hereinafter referred to as Monroe ); Monroe Fire District No. 1, a fire district under the laws of the State of New Jersey, with offices located at 24 Harrison Ave., Monroe Township, NJ (hereinafter referred to as Fire District No. 1 ); Monroe Fire District No. 2, a fire district under the laws of the State of New Jersey, with offices located at 10 Halsey Reed Road, Monroe Township, NJ (hereinafter referred to as Fire District No. 2 ); and Monroe Fire District No. 3, a fire district under the laws of the State of New Jersey, with offices located at 16 Centre Drive, Monroe, NJ (hereinafter referred to as Fire District No. 3 ) (collectively referred to as the Parties ). WITNESSETH WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et seq., authorizes local units of this State to enter into agreements with any other local unit or units to provide or receive any service that each local unit participating in the agreement is empowered to provide or receive in its own jurisdiction; and WHEREAS, Fire District No. 1, Fire District No. 2 and Fire District No. 3 have established a need for the services of a Township-wide Fire Chief; and WHEREAS, Fire District No. 1, Fire District No. 2 and Fire District No. 3 are desirous of entering into a shared service agreement with Monroe wherein Monroe shall provide the services of a Township-wide Fire Chief; and WHEREAS, the parties have each duly authorized their proper officials to enter into and execute this Agreement. NOW, THEREFORE, in consideration for the promises and of the mutual covenants herein contained, the parties hereto agree as follows: 1. SERVICES TO BE PROVIDED. Monroe shall employ a full-time career Township-wide Fire Chief with successful experience in leading a combination (career & volunteer) department. The Parties will form a Fire Management Committee, which will conduct a nationwide search to seek a qualified operating Chief. Les Adams of Public Safety Solutions, Inc. will be engaged to serve as a consultant to the Fire Management Committee for the recruitment and hiring of the new Chief. The Chief will establish uniform standard operating guidelines, training programs and an integrated command structure incorporating both career and volunteer officers. The level, quality and scope of performance of services performed by the Chief must meet generally accepted standards.

63 2. TERM. The term of this Agreement shall be ten (10) years. shall be from the date of its final execution. The effective date of this Agreement 3. CONSIDERATION. In consideration for Monroe providing Fire District No. 1, Fire District No. 2 and Fire District No. 3 with the described services as set forth herein, Fire District No. 1, Fire District No. 2 and Fire District No. 3 shall each reimburse Monroe an amount equal to thirty-three and one-third percent (33 1/3%) of the Fire Chief s actual payroll, benefits and office expenses. Invoices for the payment of installments will be submitted to Fire District No. 1, Fire District No. 2 and Fire District No. 3 every ninety (90) days. Payment is due to Monroe within thirty (30) days from the date of invoice. The amount of reimbursement required for the Fire Chief s payroll, benefits and office expenses may be periodically modified upon written notice and acceptance by Fire District No. 1, Fire District No. 2 and Fire District No. 3. In the event of any dispute as to the amount to be paid under this Agreement, the full amount of the invoices submitted shall be paid; but if through subsequent negotiation, arbitration or litigation the amount due shall be determined, agreed or adjudicated to be less than was actually so paid, then Monroe shall forthwith repay the excess. 4. EMPLOYMENT STATUS. Although the Chief will be responsible for managing and directing the firefighters and other personnel of Fire District No. 1, Fire District No. 2 and Fire District No. 3, he or she shall be considered an employee of Monroe for employment and benefit purposes. 5. INSURANCE. During the term of this Agreement, Fire District No. 1, Fire District No. 2 and Fire District No. 3 shall add Monroe and the Fire Chief to its general liability insurance policies, as well as to all other applicable insurance policies, for full coverage. Additionally, the Parties agree to name each other as an additional insureds on any and all applicable insurance policies. These policies shall include, without limitation, comprehensive general liability, automobile liability, errors and omissions and workers compensation with limits and deductibles as mutually agreed upon. The Parties shall provide the other with a certificate of insurance setting forth the above coverage(s) and naming the other as additional insured promptly upon the execution of this Agreement. The Parties agree to provide each other with at least fourteen (14) days advance written notice of any proposed cancellation of relevant insurance policies or of material changes to said polices.