New Jersey town considers criminal checks on fire department applicants

By Kathyrn Burger

Pasack Valley Community Life

Criminal background checks will be part of the vetting process for those who want to join the ParkRidge Volunteer Fire Department if Ordinance 2011-034, approved on first reading at the Monday, Nov. 14 council meeting, is approved on second reading at the Tuesday, Nov. 29 meeting. Many municipalities in the state have adopted similar ordinances. ParFire Chief Bob Ludwig said that since 9/11, background checks for fire departments have become common. "Hillsdale has had one for years and Woodcliff Lake recently approved theirs," he said. Heightened concerns about security in the wake of the terrorist attacks were the impetus for the requirement, he said. "One of our police officers who lives in Hillsdale, applied to join their fire department. He had to have a complete background check – and he was a resident and a police officer."

Volunteer fire department chiefs decide whether or not to recommend an applicant after the applicant has been interviewed and provided references. Ludwig said, "Years ago, when the municipality was smaller, it was easier to determine a person's background. Often, we knew who they were before they applied. Now, the town has grown and there are more people, many of whom have only lived here a few years." He said it is difficult to make an educated judgment about an applicant when all they have to go on is the interview and information they provide. "We check references, but don't have anything else to go on. And usually, whoever the chief recommends is approved by the council."

That responsibility is another reason why the criminal background check is important. All firefighters get the same training and maintain their active status by fulfilling the same requirements, whether they are paid or not. "It's up to the chief to make sure that department members are trustworthy" and can back one another up, Ludwig said, adding that liability issues factor into the equation. "On the federal, state and local levels, there's no difference between a paid firefighter and a volunteer firefighter," as far as liability is concerned, he said. "The requirements are the same whether a firefighter is paid or is a volunteer," he said, and so are the risks.

The costs associated with the background check, including fingerprinting and the actual investigation into an applicant's history, will be paid by the department. "We don't want to discourage people from applying by having an enrollment fee," he said. But that amount is small in comparison to the cost for each new member, all of which is borne by the department. "There's the training at the academy, turnout gear that can run $4,000, a radio – that's about $500. It's a big investment," he said.

When someone applies, the department's officers conduct the interview and explain what is involved in membership. Ludwig said, "We go over all the expectations and answer their questions. They have to know what they are getting involved in. There are a lot of prerequisites. They have to go the [Bergen County Law and Public Safety Institute] Fire Academy – that's a six-month process – and pass. Then they are probationary members. There are attendance requirements, annual physicals, a dress code, long hair and beards are not permitted. When we're done with the interview, the applicant knows what's expected of them. With the investment we're making, we don't want someone to decide after a couple of months, 'This isn't for me,'" because they didn't know what was required, he said.

The ordinance specifically addresses types of criminal conduct. It reads, in part, "Any person convicted of a crime in the first or second degree… shall be ineligible for membership" in the department. In addition, it specifies that, "Any person convicted of a crime of the third or fourth degree… may be eligible for membership… subject to review and recommendation of the Borough Council and the Board of Fire Officers."

Results of criminal background checks are returned to the Park Ridge Police Department, which, after review, will provide a written statement to the borough administrator stating that either the applicant has no disqualifying criminal history, or a summary of any disqualifying criminal charges or convictions, according to the ordinance. The borough administrator will advise the chief of the fire department if the applicant meets the standards for membership or does not. Applicants who do not meet the standard may meet with the borough administrator and borough attorney to review the basis for the determination.

The importance of criminal background checks – even for law enforcement personnel seeking to serve as volunteer firefighters – is driven not only by the desire to have reliable, trustworthy people as members, but by the demands of insurance carriers, Ludwig said. "Driver's license transcripts are reviewed by the borough yearly. Even when members are driving themselves to a call, they are covered by insurance the moment a call comes in, even at home, and even if they aren't driving a municipal vehicle. We have to be sure they're arriving here 'legally.'"

Ludwig said, "The borough government makes the final decision on the suitability of applicants; the fire department recommends people. The background check is another tool for gauging a person's worthiness to serve."

Posted by Pebi Services President Tyra Hearns