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1 NORTH HALEDON FIRE COMPANY NO. 1 v. BOROUGH OF NORTH HALEDON -- rank: 1000

... of emergency service organizations operating under its jurisdiction. According to N.J.S.A. 40A:14-188(a), a person is eligible to participate in a LOSAP ... of active emergency services in any emergency service organization[.]" Furthermore, N.J.S.A. 40A:14-188(b) states that, under a LOSAP, "a year of active ... agency[.]" Ibid. The "activities" include "[p]articipation in emergency responses[.]" N.J.S.A. 40A:14-188(b)(7). The LOSAP Act does not, however, require members ... participation in . . . non-emergency fire, first aid or rescue activities . . . ." N.J.S.A. 40A:14-188(b)(1),(2),(3), and (8). Thus, N.J.S.A. 40A:14-188 leaves to the sponsoring agency the discretion to determine the ...

docket:	a2918-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	published
citation:	425 N.J. Super. 615 42 A.3d 901
Document Size:	43042