A2582

An Act authorizing counties to establish auxiliary fire departments, and amending N.J.S.40A:14-7 and P.L.2015, c.249.

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

1. N.J.S.40A:14-7 is amended to read as follows:

40A:14-7. a. The governing body of any municipality, by ordinance, may create and establish a paid or part-paid fire department and force and provide for the maintenance, regulation and control thereof, and except as otherwise provided by law, appoint such members, officers and personnel as shall be deemed necessary, determine their terms of office, fix their compensation and prescribe their powers, functions and duties and adopt and promulgate rules and regulations for the government of the department and force and for the discipline of its members.

b. (1) A board of county commissioners may, by ordinance or resolution, as applicable, establish a county fire department and force. The purpose of the county fire department and force shall be to supplement staffing of municipal fire departments and fire districts, which provide fire protection services within the county, with paid county firefighters to assist municipalities in the provision of fire protection services. Prior to adoption of a resolution or ordinance pursuant to this section, the board, in consultation with: the county fire coordinator, established pursuant to subsection a. of section 5 of P.L.2003, c.28 (C.52:14E-15); the county’s fire chiefs association; and the county-based department, division, or office of public safety, shall submit a plan for the establishment of a county fire department and force to the State fire coordinator in the Division of Fire Safety in the Department of Community Affairs for review and approval by the State fire coordinator. The plan shall:

(a) designate no more than three territorial areas within the county as county-based fire departments;

(b) detail the creation and establishment of a paid county fire department and force, the members of which shall be employees of the county;

(c) provide auxiliary fire service resources to all fire departments within the county to support the needs of the municipality or fire district, including staffing and equipment, necessary to adequately respond to an emergency incident or a local fire emergency disaster;

(d) address the provisions relevant to the establishment of a municipal fire department pursuant to N.J.S.40A:14-7 et seq., including, but not limited to, the qualifications of members, residency requirements, absences from duty, and requirements of employment, as applicable to a county fire department and force; and

(e) provide that, when responding to emergencies, the county firefighters shall be under the direction of the municipal fire officers in charge.

(2) An ordinance or resolution, as applicable, adopted pursuant to this subsection shall establish a paid county fire department and force. The members of the county fire department and force shall be employees of the county. The board of county commissioners shall provide for: the maintenance, regulation, and control of the county fire department and force; the discipline of its members; and, except as otherwise provided by law, the appointment of members, officers, and personnel as the board of county commissioners deems necessary and appropriate to supplement staffing of fire departments and fire districts within the county. The board of county commissioners shall determine the terms of office of members, officers, and personnel of the county fire department and force, and fix their compensation.

(cf: N.J.S.40A:14-7)

2. Section 3 of P.L.2015, c.249 (C.40A:4-45.45b) is amended to read as follows:

3. a. A budget request submitted to the county governing body by a county entity budget authority on behalf of a county entity shall be comprised of two parts: the amount to be raised by property taxation, and the amount to be funded wholly through federal or State funds, fees raised by the county entity, or other sources.

b. In the preparation of the portion of its budget request to be raised by property taxation, a county entity budget authority shall limit any increase in that portion of its budget request to 2.0% of the previous year's budget request, subject to the exclusions set forth in subsection b. of section 10 of P.L.2007, c.62 (C.40A:4-45.45), except that election expenses and expenses for the establishment of a county fire department and force, pursuant to subsection b. of N.J.S.40A:14-7, shall be exempt from the requirements of this subsection.

For purposes of this subsection[,];

"[election] Election expenses" shall mean and include all necessary expenses incurred by the superintendent of elections, county clerk, and board of elections for each county related to election costs and the administration, preparation, and implementation of all elections, including all vendor related contract services; voting machine maintenance, repairs, parts and equipment, certification, and technical coding; transportation of voting machines and election supplies; overtime for all staff related to election duty; food services during election; poll workers, machine technicians, and other temporary workers; supplies; office equipment; printing; postage; advertisement costs, upon being certified to by the superintendent of elections, county clerk, and board of elections for each county; but shall not mean or include staff salaries for the office of the superintendent of elections, staff salaries for the county clerk, or staff salaries for the county board of elections.

“Expenses for the establishment of a county fire department and force” shall mean and include all necessary expenses, including for equipment and supplies, and staff salaries and benefits for county employees, for a county fire department and force that provides auxiliary fire protection services in the county.

c. Nothing in P.L.2015, c.249 (C.40A:4-45.45b et al.) shall diminish the obligations of a county under a collective bargaining agreement with its employees in force on the effective date of P.L.2015, c.249 (C.40A:4-45.45b et al.).

(cf: P.L.2015, c.249, s.3)

3. This act shall take effect immediately.

STATEMENT

This bill allows a board of county commissioners, by ordinance or resolution, as applicable, to establish a county fire department and force. The purpose of the county fire department and force is to supplement staffing of all municipal fire departments and fire districts within the county with paid county firefighters to assist municipalities in the provision of fire protection services. Prior to adoption of a resolution or ordinance, the board, in consultation with: the county fire coordinator, the county’s fire chiefs association, and the county-based department, division, or office of public safety, is required to submit a plan for the establishment of a county fire department and force to the State fire coordinator in the Division of Fire Safety in the Department of Community Affairs for review and approval. Under the bill, the plan would:

· designate no more than three territorial areas within the county as county-based fire departments;

· detail the creation and establishment of a paid county fire department and force, the members of which will be employees of the county;

· provide auxiliary fire service resources to all fire departments within the county to support the needs of the municipality or fire district, including staffing and equipment, necessary to adequately respond to an emergency incident or a local fire emergency disaster;

· provide that, when responding to emergencies, the county firefighters shall be under the direction of the municipal fire officers in charge; and

· address the provisions relevant to the establishment of a municipal fire department, including but not limited to, the qualifications of members, residency requirements, absences from duty, and requirements of employment, as applicable to a county fire department and force.

Under the bill, the members of the county fire department and force are to be employees of the county. The board of county commissioners is required to provide for: the maintenance, regulation, and control of the county fire department and force; the discipline of its members; and except as otherwise provided by law, the appointment of members, officers, and personnel as the board of county commissioners deems necessary and appropriate to supplement staffing of fire departments and fire districts within the county. The board of county commissioners is required to determine the terms of office of members, officers, and personnel of the county fire department and force, and fix their compensation.

Finally, the bill excludes expenses for the establishment of a county fire department and force from county budget caps. N.J.S.A.40A:4-45.45b requires that a county budget authority limit any increase in that portion of its budget request to two percent of the previous year’s budget request. The bill exempts expenses for the establishment of a county fire department and force from this requirement.