Borough of Carlstadt, NJ Chapter II Administration

The Borough of Carlstadt is governed under the borough form of government outlined in Chapters 86-94 of Title 40 of the Revised Statutes. The administrative code has been drafted in conformity with the Borough Law and in many instances provisions have been restated. Other enabling laws relevant to this chapter are N.J.S.A. 2A:6-1, et seq., Municipal Court; N.J.S.A. 40:55-36, Zoning of Adjustment; N.J.S.A. 40:55-1.4, Planning Board; N.J.S.A. 26:3-1, et seq., Board of Health; N.J.S.A. App. A:9-41, Civil Defense and Disaster Control Council; N.J.S.A. 9:22-1, et seq., Municipal Youth Guidance Council; N.J.S.A. 40:63-68, Joint Sewer Authority; N.J.S.A. 40:36A-1, et seq., Municipal Sewer Authority.

2-1 Chapter Title.

This chapter shall be known and may be cited as the Administrative Code of the Borough of Carlstadt and is herein referred to as the code.

2-2 Elected Officials.

2-2.1. Enumerated. The elected officials of the Borough shall consist of a Mayor and six members of Council.

2-2.2. Terms of Office. The term of office of all elected officers shall begin at noon on January 1 next succeeding their election.

The Mayor shall hold office for four years and until his/her successor shall have qualified. The Council members shall hold office for three years and until their successors shall have qualified. Their terms shall be arranged, so that the terms of two members of Council shall expire at the end of each year.

2-2.3. Resignations and Vacancies.

a. Mayor. Whenever the Mayor shall present to the Council his/her resignation from office, the resignation may be accepted by a vote of the Council and the office of Mayor shall thereupon be deemed vacant.

A vacancy occurring in the office of Mayor, whether by resignation or otherwise, shall be filled by the Council until the next annual election and until the election and qualification of a successor. At the next annual election the person elected to fill the vacancy shall be elected for the unexpired term only.

b. Other Elective Offices. All vacancies in other elective offices shall be filled by nomination by the Mayor and appointment by him by and with the advice and consent of the Council, expressed by the vote of a majority of the members of the Council present at the meeting; provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie.

c. Procedure. All vacancies occurring in any elective office shall be filled by appointment until the January 1 which follows the next annual election and until the election and qualification of a successor. The procedure for the appointments and in case of the failure to make or confirm the same shall be as provided in subsection 2-3.2.

If this vacancy shall occur at so short a period of time before the next annual election that the office cannot be filled at the election, the vacancy shall be filled in the same manner as though it had occurred immediately after the election and the vacancy shall be filled at the next subsequent annual election for the portion of the term, if any, as may still remain unexpired.

At the next annual election the persons elected to fill the vacancies shall be elected for the unexpired term only.

2-3 Appointed Officers.

2-3.1. General, Term, Removal. There shall be appointed a Borough Clerk, Chief Financial Officer, Treasurer, Attorney, Engineer and such other Borough officers as the Council may deem necessary. The Chief Financial Officer may hold the position of Borough Treasurer. The Borough officers shall perform the duties required by law and the ordinances of the Borough. All of these officers, except the Borough Attorney and the Borough Engineer shall be residents of the Borough, and all of them shall hold office during the pleasure of the Council. No officer shall be removed without being afforded an opportunity to be heard. Unless sooner removed, however, they shall hold office for one year and until their successors shall have qualified.

2-3.2. Method of Appointment; Vacancies. Except as otherwise provided by the laws of this state, the Mayor shall nominate and with the advice and consent of the Council, appoint all officers directed to be appointed, including the filling of vacancies in all appointive offices which shall be for the unexpired term only. The Mayor shall make such nomination within 30 days after the office becomes vacant. If the Mayor fails to nominate within 30 days, or the Council fails to confirm any nomination made by the Mayor, then after the expiration of 30 days, the Council shall appoint the officers directed to be appointed. No appointment shall be made except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for that purpose, the Mayor to have no vote thereon except in case of a tie.

2-4 Powers and Duties of Mayor.

The Mayor shall preside over all meetings of the Borough Council but shall not vote except to give the deciding vote in case of a tie.

The Mayor shall see that the laws of the state and the ordinances of the Borough are faithfully executed, and shall recommend to the Council such measures as (s)he may deem necessary or expedient for the welfare of the Borough. The Mayor shall maintain peace and good order and have power to suppress all riots and tumultuous assemblies in the Borough and shall have all the powers granted by the laws of the state and the ordinances of the Borough.

2-5 Borough Council.

2-5.1. Composition. The Mayor and members of the Council of the Borough shall constitute the Council thereof.

2-5.2. Meetings. The Council shall hold an annual meeting on January 1 at 12:00 noon, or during the first seven days of January in any year, and such other meetings, or adjourned meetings, at such time and place as they may direct by resolution, but all regular meetings shall be held within the Borough. The Mayor, when necessary, shall call special meetings of the Council; in case of his/her neglect or refusal, any four members of the Council may call such meeting at such time and place in the Borough as they may designate, and in all cases of special meetings notice shall be given to all the members of the Council in writing left at their place of residence, or by actual contact with the members by telephone or otherwise.

2-5.2.1. Conduct.

[Added 10-19-2022 by Ord. No. 22-10]

a. Members of council. While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, except as herein provided, delay nor interrupt the proceedings, the peace of the Council, disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer.

b. By other persons. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Council shall forth with be barred from further audience before the Council by the presiding officer unless permission to continue or again address the Council is granted by a majority vote thereof.

c. Enforcement. The Chief of Police or such member of the Police Department as he/she designates shall be the Sergeant at Arms at Council meetings. He shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at such meetings.

2-5.3. Quorum. Three members of Council and the Mayor, and, in the absence of the Mayor, four members of Council, shall constitute a quorum for the transaction of business; but a smaller number may meet and adjourn from time to time.

2-5.4. President of Council. The Council at its annual meeting, by the vote of a majority of the Council, shall elect from their number a president of the Council, who shall preside at all its meetings when the Mayor does not preside. The president shall hold office for one year and until the next annual meeting and shall have the right to debate and vote on all questions before the Council. If the Council at its annual meeting fails to elect a president the Mayor shall appoint the president from the Council, and, in that case, no confirmation by the Council shall be necessary.

2-5.5. President or Senior Member of Council as Acting Mayor. If the Mayor is absent from the Borough for a period of three days or for any reason is unable to act, the president of the Council shall perform all the duties of the Mayor during the absence or inability. The Mayor, in case of his/her intended absence from the Borough for more than three days at any one time, shall notify the president, in writing, of the intended absence, whereupon the president shall be and become acting Mayor from the receipt of the notice and continue to act until the Mayor's return. In case of the temporary inability of the president of Council to so act, the member of Council having the longest term of service may act temporarily for the president of Council.

2-5.6. Powers of the Council. The Council shall possess all of the powers granted by or permissible under the laws of the State of New Jersey.

2-5.7. Rules of Procedure. The Council shall provide rules of procedure by resolution. These rules shall not be inconsistent with the provisions of this code. Except where the Council provides otherwise by resolution, the proceedings at all meetings shall be conducted in accordance with Roberts Rules of Order, revised. The Borough Attorney shall be ex officio parliamentarian and shall be prepared, at the request of any member of the Council, to give his/her opinion on any question of procedure.

2-5.8. Attendance at Meetings. All regular and special meetings of the Council shall be open to the public. The Borough Attorney, the Clerk and any other Borough officer or employee whose presence shall be required by resolution of the Council shall attend such meetings.

2-5.9. Conference Meetings. The Council may convene at any time in informal conferences for the study of municipal business or to plan for the agendas of its future meetings. No persons other than those specifically invited by the Council to attend shall be permitted to be present at such conferences.

2-5.10. Standing Committees. The Mayor shall appoint all standing committees which shall consist of three members, one of whom shall be made chairperson.

2-6 Ordinances.

2-6.1. Procedure for Passage; Vote Required. All Borough ordinances shall be submitted, in writing, at a meeting of the Council and finally passed at a subsequent meeting. No ordinance shall be finally passed except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie.

2-6.2. Publication of Ordinances. No ordinance shall be considered for final adoption until it has been advertised as required by law. The Borough Clerk shall be responsible for arranging for the advertising of proposed ordinances.

2-6.3. Ordinances Presented to Mayor After Passage by Council. Every ordinance passed by the Council shall be presented to the Mayor within five days after its passage, Sundays excepted, by the Borough Clerk, whose report shall be conclusive evidence that such ordinance has been so presented.

2-6.4. Approval by Mayor. If an ordinance is approved by the Mayor (s)he shall, within five days, Sundays excepted, after its receipt by him/her, sign and file it with the Clerk.

2-6.5. Mayor's Veto; Council To Reconsider. If (s)he does not approve the ordinance, the Mayor, within five days, Sundays excepted, after its receipt by him/her, shall return the same to the Clerk with his/her objections thereto in writing, and the Council at its next meeting shall cause the objections to be entered at length on its minutes, and proceed to reconsider the ordinance.

2-6.6. Partial Approval; Partial Veto. If any such ordinance contains more than one distinct section, clause or item the Mayor may approve one or more thereof and veto the rest.

2-6.7. Passage Over Veto. If two-thirds of all the Council members at the next meeting as aforesaid, or at any subsequent meeting to which they shall postpone such reconsideration, shall vote to pass the ordinance or the vetoed part thereof over the veto of the Mayor, the ordinance shall take effect.

2-7 Borough Clerk.

2-7.1. Appointment. There shall be a Clerk of the Borough of Carlstadt appointed by the Mayor and Council for a term of one year.

2-7.2. Clerk of Council and Committees. The Borough Clerk shall serve as Clerk of the Council and as secretary of any special legislative committees of the Council. The Borough Clerk shall attend all meetings of the Council and shall keep the minutes of the meetings of the Council. The minutes of each meeting of the Council shall be signed by the officer presiding at the meeting and by the Clerk.

2-7.3. Ordinances and Resolutions.

a. The Clerk shall record all ordinances of a permanent character in books to be provided for that purpose. After each ordinance (s)he shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was duly adopted upon a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.

b. At the close of each year the Clerk, with the advice and assistance of the Borough Attorney, shall bind, compile or codify all the ordinances or true copies thereof, which then remain in force and effect. The Borough Clerk shall also properly index the record books, compilation or codification of ordinances.

2-7.4. Custodian of Records. The Clerk shall have custody of and shall safely keep all records, books and documents of the Borough, except those committed by ordinance to any other office or transferred thereto by the Mayor and Council. The Clerk, upon request and upon the payment of the fees prescribed therefor by resolution of the Council for the use of the Borough, shall furnish a certified copy of any such paper in his/her custody under the corporate seal of the Borough.

2-7.5. Corporate Seal. The Clerk shall cause the Corporate Seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to exemplify and document on records in his/her office, or to certify any act or paper which from the records in his/her office shall appear to have been a public act of the Borough or a public document. The Clerk shall not affix the seal or cause or permit it to be affixed to any other instrument, writing or other paper unless required by law or ordinance.

2-7.6. Insurance; Surety Bonds; Contracts. The Clerk, subject to the supervision of the Mayor and Council, shall:

a. Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee, except his/her own bond which shall be placed in the custody of the Treasurer; of all insurance policies upon or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor services, supplies, equipment and materials to which the municipality may be a party.

b. Be the depository for and have custody of all performance bonds running to the Borough as obligee, or any other form of security given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the Borough.

c. Have custody of all leases of property owned by the Borough.

d. Report to the Borough Council annually, at such time as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.

2-7.7. Administrative Rules and Regulations; Filing and Publication. No rule or general regulation made by any department, officer, agency or authority of the Borough, except such as relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the Borough Clerk. The Clerk shall maintain a current compilation of all such rules and regulations which shall be available for public inspection in his office during business hours.

2-7.8. Other Laws and Ordinances. In addition to such other functions, powers and duties as may be prescribed by ordinance or resolution and subject to the supervision and direction of the Mayor and Borough Council, the Clerk shall:

a. Perform all of the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.

b. Administer the provisions of Borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.

c. Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him/her by the Mayor and Borough Council.

2-7.9. Deputy Borough Clerk. There may be a Deputy Borough Clerk appointed by the Mayor with the advice and consent of Council, and (s)he shall serve for a term of one year from January 1 of the year in which (s)he is appointed. The Deputy Borough Clerk shall have all the powers and perform all the duties of the Borough Clerk during such times and for such specific periods as the Borough Clerk shall be absent, and shall perform such duties that are from time to time prescribed by the Mayor and Council. The Deputy Borough Clerk shall receive an annual salary as prescribed by ordinance of the Mayor and Council.

2-7A Borough Administrator.

[Amended 4-7-2021 by Ord. No. 21-4]

2-7A.1. Creation of office. Pursuant to N.J.S.A. 40A:9-136, et seq. there is hereby created in and for the Borough of Carlstadt the position of Borough Administrator.

2-7A.2. Appointment; removal; vacancy.

a. The Borough Administrator shall be appointed by the Mayor, with the advice and consent of the Council, and the term of office of the Borough Administrator shall be for a term of one year or otherwise at the pleasure of the governing body.

b. Any vacancy in said office shall be filled by appointment of the Mayor with the advice and consent of the Council.

c. During the absence or disability of the duly appointed Borough Administrator, the governing body may, by resolution, appoint an officer or regular employee of the Borough to perform the duties of the Borough Administrator during such absence or disability. Such absence or disability shall be limited to three months, after which time such absence or disability may be deemed a vacancy.

d. The Borough Administrator may be removed by a 2/3 vote of the governing body. The resolution of removal shall become effective three months after its adoption by the governing body.

2-7A.3. Qualifications; residential requirements.

a. The Borough Administrator shall be chosen on the basis of executive and administrative qualifications, with special reference to education, training and experience in governmental affairs.

b. The Borough Administrator need not reside in the Borough of Carlstadt, but must be a resident of the State of New Jersey. Carlstadt residents should be given preference to the extent possible.

2-7A.4. Compensation. The Borough Administrator shall receive as salary such sums as may be fixed and adopted by the governing body in the Annual Salary Ordinance of the Borough. All reasonable expenses incurred in the performance of the position shall be reimbursed. The Borough Administrator shall be required to utilize sufficient time as determined by the governing body to provide the services set forth herein.

2-7A.5. Powers and duties. The Borough Administrator, in addition to the powers and duties hereinafter set forth, shall have the powers and duties prescribed by the laws of the state, the ordinances of the Borough and such other additional powers and duties as may from time to time prescribed or directed by the governing body. Excepted, however, are those powers or duties required by law to be exercised by the governing body itself or by another officer, board or body. The Borough Administrator shall be responsible to the governing body for the proper administration of all the affairs of the Borough and, to that end, shall have the following duties and responsibilities:

a. Together with the Mayor, the Borough Administrator shall serve as principal administrative officer representing the governing body.

b. Supervise and direct the business activities of all Borough departments and offices, in consultation with the respective committee chairman, including the direction of purchasing and, subject to the approval of the governing body, the employment and replacement of personnel as may be required in the departments.

c. Serve as the personnel officer of the Borough, establish and maintain sound personnel practices, maintain appropriate records of all Borough employees, recommend the hiring and promotion of Borough employees and, when deemed necessary or advisable for the betterment of the Borough, recommend the suspension or discharge of employees.

d. All complaints regarding services or personnel of the Borough shall be referred to the office of the Borough Administrator who shall investigate and dispose of such complaint, keep a written record of such complaint, including when and what action was taken in response thereto, and provide the governing body a copy thereof when requested to do so.

e. Whenever feasible, the governing body and its members shall deal with the administrative employees through the Borough Administrator.

f. At the request of the governing body, inspect the duties and responsibilities of any elected or appointed official and department of the Borough, submitting a report relating thereto to the governing body for such further action as the governing body may deem advisable in such instance.

g. Study the administrative and other operations of the Borough and make recommendations for the plans and programs to meet the needs of the Borough.

h. Together with the Finance Chair, receive from each department, office and board their annual budget requests, reviewing and transmitting same along with comments and recommendations to the governing body.

i. Together with the Finance Chair, consult with the governing body on preparation of the tentative budget, recording changes, additions and deletions thereto and submitting final recommendation in the form required by law, together with an analysis of the various items of expenditure and revenue and such explanatory comments as may be required.

j. fie responsible for the administration of the budget after its adoption by the governing body and the implementation of it and maintain a continuing review and analysis of budget operations, programs and costs of municipal services, subject to the review and input of the CFO.

k. Review, recommend, implement and enforce the financial procedures and policy of the Borough and its departments, after consultation with the appropriate committee chairmen and department heads.

l. Negotiate contracts for the Borough as authorized by, and subject to, the approval of the governing body.

m. Supervise the performance and faithful execution of Borough contracts except insofar as such duties are expressly imposed upon some other Borough officer or official by statute.

n. Execute and enforce the laws of the state and ordinances and resolutions of the Borough as the governing body may prescribe.

o. Receive notice of all regular and special meetings of the governing body and advisory committees and attend all meetings of the governing body and other committees as directed.

p. Receive copies of all general and official correspondence addressed to the Borough and shall refer same to the appropriate officer or department for disposition and reply.

q. Keep the governing body informed as to the conduct of Borough affairs, submit periodic reports, either in writing or orally, on the condition of the Borough finances, and such other reports, either in writing or orally, as the governing body shall request, and make such recommendations to the governing body as deemed necessary and advisable for the welfare and future needs of the Borough.

r. Perform such other duties as may be required by the governing body in accordance with the law.

2-7A.6. Limitation of duties. Nothing in this section shall derogate from or authorize the Borough Administrator to exercise the powers and duties of the elected and appointed officials of the Borough.

2-8 Assistant to the Mayor.

2-8.1. Appointment. There may be an Assistant to the Mayor appointed by the Mayor, with the advice and consent of the Council, for a term of one year, at an annual salary as prescribed by ordinance of the Council.

2-8.2. Duties. The Assistant to the Mayor shall aid the Mayor in the day to day administration of Borough business, and perform such duties as may be lawfully delegated by the Mayor.

2-9 Borough Attorney.

2-9.1. Appointment. The Borough Attorney shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. The Attorney shall be an attorney at law of New Jersey but need not be a resident of the Borough. In lieu of appointing an individual attorney, Council may appoint a firm of attorneys, all members of which shall be attorneys at law of New Jersey. The Attorney shall not receive a fixed salary but shall be paid such retainer as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.

2-9.2. Powers and Duties. The Attorney shall have such powers and perform such duties as are provided for the office of Borough Attorney by general law or ordinances of the Borough. The Attorney shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies may be a party or have an interest; shall give all legal counsel and advice where required by the Mayor and Council or any member thereof; and shall in general serve as the legal advisor to the Mayor and Council on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereto, the Borough Attorney shall:

a. Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.

b. With the approval of the Mayor and Council, conduct appeals from orders, decisions or judgments affecting any interest of the Borough as (s)he may in his/her discretion determine to be necessary or desirable or as directed by the Mayor and Council.

c. Subject to the approval of the Borough Council, shall have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.

d. Render opinions in writing upon any question of law submitted to him/her by the Mayor and Council or any member thereof with respect to their official powers and duties, and perform such duties as may be necessary to provide legal counsel to the Mayor and Council in the administration of municipal affairs.

e. Supervise and direct the work of such additional attorneys and technical and professional assistants as the Council may authorize for special or regular employment in or for the Borough.

2-10 Borough Prosecutor.

2-10.1. Created. The office of Borough Prosecutor is hereby created and established.

2-10.2. Qualifications. The Borough Prosecutor shall be an attorney-at-law of New Jersey.

2-10.3. Appointment. The Mayor shall nominate and, with the advice and consent of Council, appoint the Borough Prosecutor, including the filling of a vacancy in the office, which shall be for the unexpired term only.

2-10.4. Term. The term of office of the Borough Prosecutor shall be for one year, commencing on January 1 and terminating on December 31 of the same year and until a successor shall have been appointed and qualified.

2-10.5. Duties. The duties of the Borough Prosecutor shall be to prosecute cases to be tried before the Borough Court alleging a violation of the criminal laws of the State of New Jersey, the ordinances of the Borough, the Motor Vehicle Statutes of the State of New Jersey and such other cases as may be designated by the Mayor and Council. The Borough Prosecutor shall also appeal before the Council upon its request to prosecute any matters which may be within its jurisdiction.

2-10.6. Salary. The salary of the Borough Prosecutor shall be in such amount as the Mayor and Council shall determine by ordinance.

2-11 Public Defender.

2-11.1. Establishment of Office. Pursuant to N.J.S.A. 40:87-15, there is hereby created in the Borough the office of Public Defender in the Municipal Court of the Borough.

2-11.2. Duties. The Public Defender shall be the legal representative of indigent defendants in the Municipal Court when the defendant is charged with an offense the conviction of which carries the possibility of a sentence of imprisonment. Classification of a defendant as indigent shall be in accordance with the rules established by the Supreme Court of New Jersey and the administrative office of the courts of the State of New Jersey.

2-11.3. Application for Public Defender. In order to obtain the services of the Public Defender, an application must be filed with the Municipal Court on a form to be provided by the Borough. The Municipal Court Judge shall make a decision as to whether a defendant is indigent after reviewing each defendant's application. This determination shall be based upon whether the defendant has the present financial ability to secure competent legal representation and to provide all other necessary expenses of representation.

2-11.4. Application Fee. The Municipal Court Judge shall assess an application fee as set forth in section 4-11 from each defendant who makes an application for the services of the public defender. This fee shall be due regardless of whether the applicant is found to qualify for the services of the public defender. However, the Municipal Court Judge may waive this fee, in whole or in part, if the judge determines, in his/her discretion, that this application fee represents an unreasonable burden on the defendant.

2-11.5. Inability to Pay. The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services to such defendant. In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, then the fee shall become a lien and the Borough may collect the fee consistent with N.J.S.A. 40:6A-1 and 2A:158A-19, or in any manner as permitted by law.

2-12 Borough Physician.

2-12.1. Establishment. The position of Borough Physician is hereby established.

2-12.2. Appointment. The Borough Physician shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. The Borough Physician shall be a licensed physician of the State of New Jersey but need not be a resident of the Borough.

2-12.3. Powers and Duties. The Borough Physician shall examine persons charged with drunken driving and shall examine or cause to be examined any employee of the Borough who reports sickness or disability which may incapacitate such employee for employment with the Borough.

The Borough Physician shall perform such other duties and shall keep such records as prescribed by resolution of the Mayor and Council.

2-12.4. Fees. The Borough Physician shall receive such fees for services as designated by resolution of the Mayor and Council.

2-13 Borough Insurance Counselor.

2-13.1. Establishment. The position of Borough Insurance Counselor is hereby established.

2-13.2. Appointment. The Borough Insurance Counselor shall be appointed by the Mayor with the advice and consent of Council for a term of one year and shall be a licensed insurance broker in the State of New Jersey. If the Mayor shall fail to make the appointment within 30 days after the office becomes vacant, or if the Council shall fail to consent to the appointment, after 30 days the Council shall make the appointment Vacancies shall be filled for the unexpired term only.

2-13.3. Powers and Duties. The Borough Insurance Counselor shall make periodic surveys of the insurance problems of the Borough in all of its branches; shall make recommendations to the Mayor and Council for an adequate program of insurance coverage, for the economic coordination of that program and for the equitable distribution of the Borough insurance business; and shall place the Borough insurance in accordance with the directions of the Mayor and Council.

2-14 Borough Engineer.

2-14.1. Appointment; Term. There shall be a Borough Engineer who shall be appointed by the Mayor and Council for a term of one year. In lieu of appointing an individual, the Mayor and Council may appoint a firm of engineers, each member of which shall be a licensed professional engineer of the State of New Jersey. The Borough Engineer shall receive such compensation as may be agreed upon and determined by the Borough Council. The Borough Engineer shall be a duly licensed professional engineer of the State of New Jersey.

2-14.2. Duties. The Borough Engineer shall perform such duties as are prescribed by general law and ordinance, and in addition shall:

a. Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Borough, either on force account or by public contract.

b. Provide technical and engineering advice and assistance to other Borough departments as needed.

All papers, documents, memorandums, reports and other materials relating to the administration of engineering duties of the Borough Engineer shall be and remain the property of the Borough. Upon the termination of his/her service with the Borough, the Borough Engineer shall forthwith surrender to any successor all such property.

2-15 Zoning Officer.

2-15.1. Creation of Office; Appointment; Term. The Office of the Zoning Officer of the Borough is hereby created. Appointments to the Office of the Zoning Officer shall be made by the Mayor with the advice and consent of Council. The term of office shall be one year, commencing on January 1 of the year of appointment and ending on December 31, or until the successor shall be appointed and qualified. A vacancy in the office shall be filled by the Mayor with the advice and consent of Council for the unexpired term only.

2-15.2. Duties.

a. It shall be the duty of the Zoning Officer to enforce the provisions of the zoning regulations and, pursuant to that duty, to:

1. Discover and ascertain the existence of any zoning violations of the zoning regulations.

2. Investigate and inspect any alleged violation of the zoning regulations within his/her knowledge or coming to his/her attention.

3. Prevent further or continued violations of the zoning regulations which are known by him/her to exist, and by every lawful means cause the violators to cease and desist from committing such further violations.

4. To prosecute violations of the zoning regulations in the manner provided by law.

b. Whenever any building or structure is erected, constructed, altered, repaired, converted, used or maintained within the Borough, it shall be the duty of the Zoning Officer to ascertain that the same is done in accordance with the provisions of the zoning regulations and not in violation thereof; and whenever any building or structure is so erected, constructed, altered, repaired, converted, used or maintained contrary to or any land is used in violation of any provision of the zoning regulations; and (s)he is hereby further authorized and empowered to institute and maintain any further statutory legal actions and proceedings for the enforcement hereof, now existing or heretofore or hereafter provided which may be available to him/her.

2-15.3. Administrative Duties. In addition to the duty of enforcement of the zoning regulations and prosecuting the violations thereof, the Zoning Officer shall:

a. In conjunction with the construction code official, make an inspection of every parcel of land, building or structure for which an occupancy or land use permit is requested prior to the issuance of such permit, in order to ascertain that such occupancy of use will comply with every standard, regulation and requirement for such occupation and use.

b. Report to the Zoning Board of Adjustment with respect to matters which are properly before the Board, and otherwise conduct investigations, report to and be responsible to the Mayor and Council with respect to matters pertaining to the zone plan and zoning regulations and otherwise within his/her jurisdiction.

c. Start and maintain an accurate and complete file with respect to every alleged violation of the zoning regulations or other matter investigated and processed by him/her.

d. File a monthly report of his/her activities, including the complaints and cases processed by him/her and the disposition thereof, with the Mayor and Council.

2-15.4. Deputy Zoning Officer.

a. The position of Deputy Zoning Officer of the Borough is hereby created. Appointments to the position of Deputy Zoning Officer shall be made by the Mayor with the advice and consent of Council. The Mayor may appoint as many Deputy Zoning Officers as are deemed necessary to assist the Zoning Officer in the enforcement of the zoning regulations and to fulfill all the duties set forth in subsection 2-15.2. The term of office shall be one year.

b. The Deputy Zoning Officer shall fill the Office of the Zoning Officer, with all the powers thereof, in the event of incapacity, death, absence, resignation or removal of the Zoning Officer, upon the approval of the Mayor and Council.

c. The Deputy Zoning Officer shall have concurrent jurisdiction with the Zoning Officer with respect to issuance of notices to individuals to cease and desist from violating the zoning regulations and to sign and file complaints alleging the violation of any zoning regulation in a municipal court in the Borough, as outlined in the enforcement procedure set forth in subsection 21-25.2 of these revised general ordinances.

2-15.5. Salaries of Zoning Officer and Deputy Zoning Officer. The annual salary for the positions of Zoning Officer and Deputy Zoning Officer shall be determined from time to time by the Mayor and Council and shall be paid in accordance with the provision of the salary ordinance of the Borough.

2-15.6. Duties of Zoning Officer and Duties of Construction Code Official. Nothing herein contained shall affect the duties and responsibilities of the construction code official.

2-16 Administrative Organization.

2-16.1. Departments, Boards and Commissions. There shall be the following departments, officers, boards and commissions in the Borough of Carlstadt.

a. Departments.

1. Department of Finance.

2. Department of Public Works.

3. Police Department.

4. Fire Department.

5. Department of Buildings and Grounds.

b. Separate Offices Not Under Department.

1. Borough Attorney.

2. Borough Prosecutor.

3. Borough Public Defender.

4. Borough Physician.

5. Borough Insurance Counselor.

6. Borough Engineer.

c. Boards and Commissions.

1. Municipal Court.

2. Zoning Board of Adjustment.

3. Planning Board.

4. Board of Assistance.

5. Board of Health.

6. Emergency Management

7. Free Public Library.

8. Municipal Youth Guidance Council.

9. Advisory Committee on Recreation.

10. Fire Prevention Bureau.

11. Joint Meeting Tri-Borough Sewer.

2-16.2. Powers and Duties of Department Heads. The head of a department, subject to the code and the approval or direction of the Mayor and Council, shall:

a. Prescribe the internal organization of the work of his/her department.

b. Direct and supervise subordinate officers and employees of the department and make, alter and enforce individual work assignments.

c. Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.

d. Maintain such records of work performance and unit costs thereof as may be approved or required by the Mayor and Council.

e. Provide such information and reports on the work of the department as may from time to time be required by the Mayor and Council.

f. Exercise such other or different powers of administrative supervision and direction as the Mayor and Council may delegate to him/her.

2-17 Department of Finance.

2-17.1. Chief Financial Officer. There shall be a Department of Finance of the Borough which shall have jurisdiction over all business pertaining to finance. There is hereby created and established the position of Chief Financial Officer of and for the Borough. The Chief Financial Officer shall carry out the responsibilities set forth under N.J.S.A. 52:27BB-26, et seq. The Chief Financial Officer shall be appointed by the Mayor with the advice and consent of the Council. The Chief Financial Officer may hold the position of Borough Treasurer. The salary of the Chief Financial Officer shall be established by salary ordinance.

2-17.2. Division of the Treasury.

a. Borough Treasurer. Within the Department of Finance there shall be a Division of the Treasury, the head of which shall be the Chief Financial Officer. The collector, when so designated by the Mayor and Council, shall be the Treasurer of the Borough. The Treasurer shall serve for a term of one year.

b. Powers and Duties of the Treasurer. The Treasurer shall have, perform and exercise all of the functions, powers and duties as provided by general law and Borough ordinances. The Treasurer shall keep and maintain books and records of all financial transactions of the Borough in accordance with the standards and requirements of the Division of Local Government in the Department of Community Affairs of the State of New Jersey. The Treasurer shall have custody of all public monies of the Borough and shall make monthly reports to the Mayor and Council of all receipts, expenditures, commitments and unexpended appropriations. All monies received from any source by or on behalf of the Borough or any department, board, office or agency thereof, except as otherwise provided by Borough ordinance, shall be paid to the Treasurer who, by the next ensuing bank day after their receipt, shall deposit them in the authorized public depository of the Borough to the credit of the proper account.

c. Procedure for Purchasing, Approval and Payment of Claims.

1. The department head shall complete a requisition form for all purchase goods and services. The department head will forward all requisitions to the Purchasing Department for Council Liaison approval.

2. Prior to the award of any purchase, contract or agreement, the department head shall solicit quotations, whenever practicable, on any such purchase, contract or agreement the estimated cost or price of which is $1,000 or more, and the award thereof shall be made, in accordance with N.J.S.A. 40A:11-3 and 11-4, on the basis of the lowest responsible quotation received. However, if a department head deems it impracticable to solicit competitive quotations in the case of extraordinary, unspecifiable service or, in the case of such or any other purchase, contract or agreement awarded hereunder, having sought such quotations determines that it should not be awarded on the basis of the lowest quotation received, the department head shall file a statement of explanation of the reason(s) therefor, which shall be placed on file with the purchase, contract or agreement in the Purchasing Department. It is the policy of the Borough that three quotes be obtained in accordance with the Local Public Contracts Law, for any purchase requisition of $1,000 or more which is not under state contract. The Council Liaison shall sign the requisition form and submit the same to the Purchasing Department for purchase order and processing.

3. The Purchasing Department shall generate a three part purchase order/voucher in accordance with the requisition form. One copy of the purchase order and attached voucher shall be forwarded to the vendor for signature and certification. The vendor shall return the voucher with a detailed bill of items and certification that the claim for payment being made on the voucher is correct and that the goods or services have been received by the Borough. The voucher shall be returned to the Accounts Payable Department.

4. Upon receipt of the executed voucher and certification from the vendor, the Accounts Payable Department shall present the voucher with attached purchase order and requisition to the Council Liaison for signature. The voucher is then returned to the Accounts Payable Department for payment provided that the Chief Financial Officer has signed the purchase order certification that sufficient funds are available for payment of the voucher.

5. Payment of all vouchers shall be made on a check drawn on the Borough, signed by the Mayor and Borough Clerk and countersigned by the finance officer.

6. When all prices solicited in the informal quotes, including the aggregate of like items from a single vendor, exceed the amount set forth in the Local Public Contracts Law requiring formal bid, all bids shall be refused by the department head. The department head shall inform the Council Liaison who shall coordinate the steps to be taken for the formal bid procedure to be followed.

d. State Contract Items. For all items under state contract, the department head shall contact several of the vendors from the state bid list obtained from the State of New Jersey to obtain the lowest price for the item or aggregate of items. The department head shall insert the vendor's state bid number on the requisition form, verify the vendor's state number and shall follow the procedures set forth in this subsection for all items to be purchased at a set price under state contract.

e. Payroll Account. There shall be an account to be designated the Borough of Carlstadt Payroll Account and from time to time the Borough Clerk, upon receipt of a warrant or an amount due such payroll account, shall deposit the same to the credit of the payroll account, charging the appropriate budgetary accounts therewith. Disbursement from the payroll account may be made by payroll checks signed by the Clerk upon pre-audit and warrant of the Treasurer and approval by the Mayor and Council of the entire payroll. In case of error or adjustment in the payroll the Clerk shall, and it shall be his/her duty to, make proper correction and appropriate record of such correction.

f. Travel Expenses. Itemized claims supported by receipts, where available, should be presented in order to obtain reimbursement for expenses incurred by local officials where authorized to travel by the Borough. Travel expenses shall be reimbursed only in accordance with the travel regulations of the Borough. Travel expenses shall be advanced for the League of Municipalities meeting in Atlantic City.

2-17.3. Division of Tax Collection. Within the Department of Finance there shall be a Division of Tax Collection, the head of which shall be the Borough Tax Collector.

a. Tax Collector. A tax collector shall be appointed for a term of four years as provided by N.J.S.A. 40A:9-141.

b. Duties. The tax collector shall possess all of the powers and duties established by law. The collector shall:

1. Enter in suitable books to be kept for the purpose the sums received by him/her each day for taxes, with the names of the persons on whose account the same shall have been paid.

2. Keep a record and account of the finances of the Borough, and within 60 days after the end of the fiscal year, or when otherwise required by the Council, make and furnish a report thereof, with a detailed and true statement of all monies received by him/her and disbursed therefrom and for what purposes, from the commencement of his/her official year to the date of the report, or for such period as the Council may require, and a list of delinquent taxpayers for the previous year. The collector shall file the report, with two copies of the statement and list of delinquents, with the Borough Clerk within the time hereinbefore specified or when otherwise required by the Council.

2-17.4. Division of Tax Assessments. Within the Department of Finance, for administrative purposes, there shall be a Division of Tax Assessments, the head of which shall be the Board of Tax Assessors. The Board of Tax Assessors shall consist of three members who shall be residents and citizens of the Borough and who shall be appointed by the Mayor, with the advice and consent of the Council, to serve for terms of four years each, provided that the Mayor shall designate one of such members as secretary. All vacancies in the Board shall be filled in the manner of the original appointment for the unexpired term only.

On and after July 1, 1971, no person may be an assessor unless (s)he holds a tax assessor certificate. This requirement shall not apply to anyone who has served in office continuously from July 1, 1967.

A person reelected to office, after receiving a tax assessor certificate, and thereafter serving in office for four consecutive years, and a person who received a tax assessor certificate on or before June 30, 1969, while actually in office, and having prior to June 30, 1969, served in office for four consecutive years, shall be entitled to tenure pursuant to N.J.S.A. 54:1-35.31.

The Board of Tax Assessors shall:

a. Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor.

b. Maintain adequate assessment records of each separate parcel of real property assessed or exempted.

c. Maintain a current tax map of the Borough as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by the code.

2-17.5. General Board of Assessment Commissioners.

a. Establishment. Pursuant to N.J.S.A. 40:56-21, a General Board of Assessment Commissioners is established for the making of all assessments for benefits accrued from local improvements. The Board shall consist of three members, residents of the Borough of Carlstadt, to be appointed by the Mayor with the advice and consent of the Council. Commissioners shall be appointed for terms of three years and shall serve until their successors have been appointed and qualify. Whenever a vacancy occurs for reasons other than disqualification, the vacancy shall be filled by appointment for the unexpired term only. The General Board shall elect its own chairperson and secretary for each fiscal year and they shall maintain permanent records of all meetings, hearings and assessments. The Secretary of the General Board shall submit a report yearly to the Mayor and Council.

b. Conflict of Interest. If a member of the Board shall be disqualified for being in any way interested in an improvement, the member shall not act in making the assessment. The Mayor with the advice and consent of the Council shall appoint some suitable person to act in the place of the disqualified member. If the improvement shall be of a general nature affecting the greater part of the properties in the Borough, none of the commissioners shall be disqualified by reason of the fact that any of them may own a property included in the assessment.

c. Powers and Duties. The General Board of Assessment Commissioners shall have all of the powers, duties, functions and obligations prescribed by law for such Board with respect to the making of assessments against real estate benefited by local improvements.

2-17.6. Tax Searcher. The Tax Searcher of the Borough shall be appointed by the Mayor and with the advice and consent of the Council. When required by the Mayor and Council, (s)he shall furnish reports relating to property taxes in the Borough.

2-17.7. Purchasing Agent.

a. Establishment. There may be a purchasing agent, pursuant to N.J.S.A. 40A:11-9, appointed by the Mayor, with the advice and consent of the Council, for a term of one year, at an annual salary as prescribed by ordinance of the Council.

b. Powers and Duties. The purchasing agent, as contracting agent for the Borough and in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., shall prepare public advertising for bids and receive bids for the purchase of work, materials and supplies on behalf of the Borough, with all awards of such contracts to be made by the Council.

2-18 Tax Abatement.

2-18.1. Exemption for Residential Improvements.[1] The Mayor and Council hereby provides for tax abatement on residential improvements pursuant to the provisions of N.J.S.A. 40A:21-1, et seq., providing for the exemption from real property taxation of improvements at a level not to exceed the first $10,000 in the assessor's full and true value of home improvements in any dwelling more than 20 years old and shall regard such improvements as not increasing the value of the property for a period of five years from the date of approval by the assessor of a proper application as provided by law.

[1] See also section 12-6, Tax Abatement.

2-18.2. Application. Applications made under this section shall be made upon forms prescribed by the director of the division of taxation and must be filed with the assessor within 30 days following completion of the home improvement.

2-19 Fire Insurance Proceeds.

2-19.1. Certificate or Resolution Required Prior to Payment of Certain Claims. No insurer issuing fire insurance policies in this state shall pay any claim for fire damages in excess of $2,500 on any real property located in the Borough pursuant to any fire insurance policy issued or renewed after November 11, 1988 and its being filed with the State Commissioner of Insurance, unless or until the insured person submits an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 certifying that all taxes, assessments or other municipal liens or charges levied and assessed and due and payable against such property have been paid or the insured company is in receipt of a resolution of the Mayor and Council pursuant to subsection 2-19.2 below.

2-19.2. Payment of Liens by Installment.

a. If the Mayor and Council are notified that the claim for fire damages is to be used to restore or improve the fire damaged property, it may enter into an agreement with the owner of the property for the payment of the delinquent taxes, assessments or other municipal liens by installments.

b. In such case, the Mayor and Council, by resolution, may authorize the insurance company to make full payment on the claim to the insured person, and such payment may be made upon receipt of a certified copy of the resolution.

2-19.3. Procedure for Insured Persons Seeking Payment of Certain Claims.

a. Any insured persons seeking payment of a claim for fire damage in excess of $2,500 shall request and obtain an official certificate of search for municipal liens to ascertain whether all taxes, assessments or other municipal liens or charges levied and assessed and due and payable against the property have been paid.

b. Any request for an official certificate of search for municipal liens shall specify that the search concerns fire damaged property.

c. If the official certificate obtained shows that no liens or charges are outstanding, the insurer may pay the claim to the insured property owner.

2-19.4. Insurance Companies Required to Pay Borough for Liens; Exception. Unless an insurance company is in receipt of a resolution made pursuant to subsection 2-19.2 above, it is hereby authorized and required to pay to the Borough of Carlstadt the amount of all liens appearing on the official certificate of search and such other recorded liens or related charges as may be certified to it.

2-19.5. Filing of Copy of Provisions. A copy of this ordinance shall be filed with the State Commission of Insurance with the request that the Borough of Carlstadt be added to the list of municipalities published in the New Jersey Register which have adopted ordinances pursuant to N.J.S.A. 17:36-8, et seq.

2-19.6. Violations and Penalties. For a violation of any provision of this section there shall be a fine not to exceed $500.

2-20 Department of Public Works.

[Amended 2-7-2019 by Ord. No. 19-1]

2-20.1. Creation of Position. There shall be a position of Operations Manager in the Department of Public Works.

a. Hiring. The Operations Manager shall be named and designated by the Mayor and hired with the advice and consent of the Council.

b. Employment status. The Operations Manager shall be a nonexempt, full-time, salaried employee of the Borough and receive such benefits equivalent to those provided to all other department heads.

c. Qualifications. The Operations Manager, prior to hiring, shall possess a Bachelor's degree from an accredited college or university, have at least three years of relevant experience in public works or a related field, shall be a resident of the Borough, possess a valid driver's license in the State of New Jersey, and be qualified by education, training and experience to perform the duties of the office as set forth in Subsection 2-20.2 below. Certified Public Works Manager (CPWM), Certified Facilities Manager ( FM) or Landscape Industry Certified Manager (LICM) credentials are preferred.

d. Compensation. The Operations Manager shall receive as salary such sums as may be fixed and adopted by the governing body in the annual salary ordinance of the Borough.

2-20.2. Duties of Operations Manager. At the direction of the Mayor and Council, the Operations Manager shall supervise the day-to-day field operations of. the Department of Public Works. The Operations Manager shall be responsible for providing direction to supervisors, foreman, and staff assigned to the DPW, maintaining equipment and resources necessary to complete daily assignments, managing the daily workload of the department, compiling data and preparing administrative reports on operational and quality assurance/quality control activities. He/she shall be accountable for the safe and efficient conduct of all activities of the department, performing the following specific tasks, and assuming any additional responsibilities as directed by the Mayor and Council.

a. The Operations Manager shall serve as the Director of the Department of Public Works.

b. Enforces Borough ordinances, policies and procedures pertaining to the Department of Public Works as promulgated by the Mayor and Council.

c. Maintains consistency with all contractual terms and requirements of the negotiated bargaining agreement between the Borough and CDPWBA, as written and without interference, with no authority to change, amend, negotiate or release any employee of the department from the provisions thereof.

d. Establishes and maintains adequate inventory and control of all materials and supplies needed for the maintenance and repair of all public works under his/her supervision.

e. Maintains current and accurate records, including, but not limited to, attendance, overtime, project and task costing, and training.

f. Creates, manages, and maintains department vacation and on-call schedules, and coordinates overtime assignments of staff as approved by the Mayor and Council.

g. Presides over daily morning attendance check and briefing, communicating assignments and tasks to staff. Schedules and assigns resources (staff and equipment) on a daily basis to meet department goals and objectives.

h. Responds to emergency matters as they arise and to priority issues as directed by the Mayor and Council. All emergencies are to be reported to the Mayor immediately, and matters requiring priority are to be communicated to the Mayor and Council through the Chairperson of the Public Works Committee as they arise or occur.

i. Collects daily data from supervisors, including but not limited to, weigh tickets, completed work orders, attendance reports, logs, etc., and compiles same for regular reporting to the Mayor and Council regarding performance and efficiencies.

j. Inspects work performed by department staff to see that proper safety procedures are taken by the crews at work and that proper procedures are taken to protect the public from injury which could result from crew's activities.

k. Provides technical direction and support to staff in field, if required.

l. Monitors staff performance in the field, satisfactory completion of core functions, documents deficiencies or inefficiencies and reports significant matters to Mayor and Council to address.

m. Evaluates Borough projects, equipment and services and makes recommendations on modifications and improvements thereto to the Mayor and Council through the Chairperson of the Public Works Committee.

n. Attends all public meetings of the Mayor and Council.

o. Receives DPW employee concerns and complaints and takes proper action, conducts investigations, and performs follow up as required. Conducts employee conferences, resolves issues or refers same to Mayor and Council, through the Chairperson of Public Works Committee, for further action and follow up.

p. Receives all complaints from residents and taxpayers of the Borough relating to the operations under his/her jurisdiction, investigates same, takes appropriate action, and reports results to the Mayor and Council through the Chairperson of the Public Works Committee.

q. Participates in employee development initiatives and ensures annual staff training is complete. Assures that all department employees successfully complete any and all safety and/or training requirements as mandated by any agency on an annual basis. All training sessions must be scheduled at reasonable times and attendance and completion by DPW employees fully documented.

r. Submits to the Chairperson of the Public Works Committee a monthly report of all work performed and services furnished as well as inspections made during the previous month.

s. Manages Borough task force initiatives such as ice and snow control operations, leaf collection, and stormwater catch basin cleanout.

t. Inspects all sewer lines and catch basins in the Borough individually or in conjunction with other designated Borough officials on a regular and routine schedule, maintaining current and accurate records and reporting such activity to the Mayor and Council in the monthly report.

u. Serves as Department of Public Works safety representative and ensures staff compliance with all safety regulations and requirements. Attends all Safety meetings as scheduled by the Borough's Safety Officer and provides necessary and customary reports on activity of DPW in a timely manner. Any and all issues and concerns with regard to safety are to be reported to the Mayor and Council through the Chairperson of the Public Works Committee, together with recommendations for corrective and preventative action.

v. Serves as the Department of Public Works Storm Water Management representative responsible for all statutory rules and regulations that touch and concern the department. Attends to all record keeping and reporting requirements on a timely basis and assures submission to the designated Storm Water Management Coordinator designee.

w. Submits to the Chairperson of the Public Works Committee his/her recommendations for budget appropriations for the ensuing year.

x. Upon request of the Mayor and Council, the Operations Manager may be required participate in any contract negotiations with Department of Public Works employees as a Borough department head assisting with the collective bargaining processes of the Borough and recommending to the Mayor and Council collective bargaining terms and conditions for their consideration.

2-20.3. Creation of Position. There shall be created within the Borough of Carlstadt the position of Director of Public Works Operations, Maintenance and Equipment.

a. Hiring. The Director of Public Works Operations, Maintenance and Equipment shall be named and designated by the Mayor and hired with the advice and consent of the Council.

b. Employment Status. The Director of Public Works Operations, Maintenance and Equipment shall be a nonexempt, full-time, salaried employee of the Borough and receive such benefits equivalent to those provided to all other department heads.

c. Qualifications. The Director of Public Works Operations, Maintenance and Equipment shall possess a CPWM certification should the governing body deem it necessary, possess the ability to create oral and written reports and to work with computers and relevant software and be capable of meeting online filing requirements. Additionally, he/she shall be qualified by education, training or experience to perform the duties of the position as set forth in Subsection 2-20.4 below.

d. Compensation. The Director of Public Works Operations, Maintenance and Equipment shall receive as salary such sums as may be fixed and adopted by the governing body in the annual salary ordinance of the Borough.

2-20.4. Duties of Director of Public Works Operations, Maintenance and Equipment. The Director of Public Works Operations, Maintenance and Equipment, under the direction of the Mayor and Council, shall:

a. Oversee and coordinate buildings and grounds operations of the Department of Public Works including building upkeep and repairs, field, park and grounds maintenance, tree maintenance and removal, snow removal and use of all associated equipment through the respective Foreman of the Division of Buildings and Grounds.

b. Oversee and supervise the Borough Mechanic, including his or her maintenance and supervision of the Borough's fleet and equipment, upkeep and repairs thereof, and employee(s) hours of operation, scheduling of vacation and sick time.

c. Oversee and coordinate street maintenance operations of the Department of Public Works including road repair, signage, striping, curb painting, and snow removal and meet the requirements of the stormwater management regulations with regard to all stormwater utilities throughout the Borough through the respective Foreman of the Divisions of Streets.

d. Oversee and coordinate sanitation operations of the Department of Public Works including daily refuse/trash/garbage collection, weekly recycling collection, debris and leaf collection through the respective Foremen of the Division of Sanitation.

e. Coordinate vehicle inventory maintenance and repair of any Borough-owned vehicles and equipment through the Borough Mechanic.

f. Schedule, coordinate and supervise buildings upkeep, grounds maintenance, road repair, sanitation crews and equipment repair according to daily and seasonal needs.

g. Oversee and coordinate compliance with the New Jersey Stormwater Management Control Regulations including all recordkeeping and reporting responsibilities and serve as the designated Storm Water Coordinator on behalf of the Borough.

h. Inspect and properly maintain all sanitary and stormwater sewer lines in the Borough individually or in conjunction with other designated officials.

i. Set up, keep and maintain all the books, records, field notes, maps, surveys and similar records necessary to perform the duties of the position and turn over all such records to his/her successor or the Chairperson of the Public Works Committee upon expiration of his/her term or upon separation from employment with the Borough.

j. Recommend to the appropriate committee chairperson the need for any repairs and replacements of Borough-owned vehicles, equipment, structures, buildings or grounds.

k. Recommend for approval the expenditures of all funds by voucher chargeable against the Public Works budget.

l. Certify to the timesheets and payroll for the employees assigned to the Department of Public Works.

m. At the request of the Public Works Committee, attend any meetings of the Public Works Committee and, at the request of the Mayor and Council, attend any Council meetings.

n. Attend all emergency meetings as required for emergency service responders.

o. Respond in a timely manner with appropriate assignment of manpower and equipment necessary to accommodate requests of other Borough departments.

p. Assure all DPW operations are conducted in a safe, efficient and economic manner.

2-20.5. Duties of the Department of Public Works. The Department of Public Works, under the direction of the Operations Manager and the Director of Public Works Operations, Maintenance and Equipment, shall take charge of and shall be responsible for the construction, operation and maintenance of all parks, sewers, cutting of brush, mowing of grass, removal of snow, maintenance of pipes, valves and pumps in the pump stations, if any, cleaning of ditches, collection of rubbish/trash/debris, compliance with stormwater regulations and the care of other public works in the Borough subject to the direction and policies established by the Mayor and Council.

2-20.6. Rules and Regulations. The Mayor and Council, by resolution, shall make such rules and regulations necessary for proper operation of the Department of Public Works and when same are adopted by the Mayor and Council they shall be known as the rules and regulations for the governing of the Department of Public Works and shall be binding on each member of the department.

2-20.7. Division of Streets. Within the Department of Public Works there shall be a Division of Streets which shall, through its designated Foreman and assigned manpower, be responsible for the maintenance of all Borough streets and roads, including the street lighting system.

2-20.8. Division of Sanitation. Within the Department of Public Works there shall be a Division of Sanitation which shall, through its designated Foreman and assigned manpower, provide, operate and maintain facilities for the collection and disposal of refuse, trash and garbage at such times and in such manner as may be authorized by the Mayor and Council by resolution.

2-20.9. Division of Buildings and Grounds. Within the Department of Public Works there shall be a Division of Buildings and Grounds which shall, through its designated Foreman and assigned manpower, be responsible for the maintenance of all Borough recreation areas, parks, buildings and grounds and all Borough-owned property, including streets, lawns, trees and shrubs.

2-21 Department of Buildings and Grounds.

There shall be a Department of Buildings and Grounds which shall supervise the maintenance of all Borough recreation areas, buildings and grounds, and all Borough-owned property, including streets, lawns and shrubs.

2-22 Police Department. [1]

[Amended 12-21-2020 by Ord. No. 20-11; 6-15-2021 by Ord. No. 21-6]

2-22.1. Established; Composition.

a. Composition. The Police Department of the Borough of Carlstadt is hereby established and may consist of the following positions:

1. Chief of Police;

2. Deputy Chief of Police, with the recommended designated hours of 3:00 p.m. to 11:00 p.m., Monday through Friday. Such hours are subject to change based upon the Chief's sick, personal and vacation schedules;

3. Five Lieutenants;

4. Six Sergeants;

5. Twenty Patrolmen;

6. There may be up to three part-time Class 3 special law enforcement officers ("Class 3 SLEO"), at the option of the Mayor and Council, whose duties shall include, but not be limited to acting as liaison to Carlstadt Public School and Regional High School as well as such other duties as may be assigned by the Chief of Police. Class 3 SLEOs must meet and maintain all of the requirements and training established under New Jersey Law;

7. Such other personnel as the Mayor, as the appropriate authority, may from time to time appoint thereto with the advice and consent of Council.

b. Detective Bureau. There is hereby established within the Police Department a Detective Bureau which shall be under the command of the Chief of Police or such other superior officer as (s)he may from time to time assign thereto. The Chief of Police and/or his/her designee shall coordinate and assign all duties within the Detective Bureau. The Mayor may appoint personnel to the Detective Bureau pursuant to his/her duties as the appropriate authority.

c. Positions. The positions set forth herein are intended to be a maximum number for each designated position. Nothing contained in this section shall require the Governing Body to fill any position or to fill any position to the maximum.

d. Seniority and tenure. Nothing herein contained shall affect the seniority and tenure of any present officer or member of the Department, nor shall it restrict the Chief of Police in his/her discretion from assigning members to duty in either the regular Department or the Detective Bureau. Notwithstanding anything herein to the contrary, the several officers of the Detective Bureau shall enjoy the same rights, privileges, and seniority of the Police Department generally.

2-22.2. Appointment. All members of the Police Department shall be appointed by the Mayor as the appropriate authority, with the advice and consent of the Council, to hold office as provided by law.

2-22.3. Control. The Police Department shall be under the control of the Mayor as the appropriate authority.

2-22.4. Appropriate Authority. The Mayor shall be the appropriate authority of the Police Department pursuant to N.J.S.A. 40A:14-118 and shall be responsible for the adoption and promulgation of rules and regulations for the governance of the force and for the discipline of its members. The Chief shall report to the Mayor and/or Police Commissioner as his designee. The Mayor, or his designee, may from time to time and for such specific purpose, as he deems appropriate, select and designate from among members of the Borough Council three members who shall constitute the Police Committee to perform such acts as necessary to achieve the specific purpose for which the Committee was established. The Mayor as appropriate authority shall be an ex-officio member of any such committee so established.

2-22.5. Qualifications.

a. Each applicant shall comply with all the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer in the Borough unless such person has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey and, thereafter, has served longer than one year following the successful completion of the required training.

b. Each candidate for appointment to the Police Department shall be required to submit to such written, oral, psychological and physical examination as may be prescribed by the Mayor as appropriate authority or any committee that may be established by the Mayor for purposes of making appointments to the Department and also to submit to a physical examination by a licensed practicing physician and/or psychologist of the State of New Jersey designated for such purpose, the character and scope of such examination to be for the purpose of revealing the extent to which the applicant may be mentally, physically and otherwise qualified to perform his/her appropriate duties in the Department. The examinations shall be prepared and conducted at such time and place and by such persons as the Mayor as the appropriate authority may from time to time designate. Any applicant who shall fail to attain a grade of 70 in the written or oral examination, or who shall fail to meet such physical qualifications as may be set up by the appropriate authority and any committee established for such purpose or who, in the opinion of the examining physician and/or psychologist, is incapable of performing the duties of a police officer in a safe and efficient manner shall be ineligible for appointment to the Department.

c. Where more than one candidate applies, the examinations shall be competitive, and appointments shall be made from among those who have successfully passed the examination.

d. No person shall be appointed to the Police Department as a regular or probationary member unless, at the time of application, (s)he shall be between the ages of 18 and 35 years, except as provided by law in the case of veterans. The applicant shall be a citizen of the United States and a resident of the State of New Jersey.

e. In addition to all other requirements set forth herein, each candidate for appointment to the Police Department shall have obtained a minimum of 64 credits (a minimum of 15 credits must be in criminal justice coursework) from a regionally accredited institution of higher education or have received a bachelor's degree from a regionally accredited institution of higher education or have served three years of military service and honorably discharged. Candidates shall be required to submit an official college transcript or diploma evidencing satisfaction of the credit requirement or a copy of honorable discharge evidencing military service.

f. The Mayor at his sole discretion as appropriate authority may direct the Police Chief to recommend PTC certified candidate(s) or such other qualified personnel employed, as decided by the Governing Body, for immediate appointment to address manpower shortages caused by vacancies, sickness, injury, or by the taking of accrued vacation or sick leave, or both, whereby the safety of the public is endangered or imperiled or when circumstances or situations create a shortage of police personnel. Individuals recommended by the Police Chief shall be required to pass a physical, psychological and oral interview by the Governing Body before any such appointment may be made.

2-22.6. Oath of allegiance. Before entering upon the performance of his/her duties, each member of the Police Department shall take and subscribe an oath to bear true faith and allegiance to the government established in this state, to support the Constitution of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his/her office. The oath or affirmation shall be filed with the Borough Clerk.

2-22.7. Chief of Police.

a. The Chief of Police shall be the head of the police force and he shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof, and that (s)he shall, pursuant to policies established by the appropriate authority:

1. Administer and enforce rules and regulations, including the Police Manual of the Borough of Carlstadt, and special emergency directives for the disposition and discipline of the force and its officers and personnel;

2. Have, exercise and discharge the functions, powers and duties of the force;

3. Prescribe the duties and assignments of all subordinates and other personnel;

4. Delegate his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and

5. Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month and make such other reports as may be requested by such authority.

b. In addition, the Chief of Police shall have the following duties and responsibilities that shall be delegable:

1. For the education, schooling and training of all police officers.

2. Maintenance and assignment of the police equipment.

2-22.8. Duties of Department. The Police Department, through its Chief, shall:

a. Preserve the public peace; protect life and property; prevent crime; detect and arrest offenders against the penal laws and ordinances effective within the Borough; suppress riots, mobs and insurrections; disperse unlawful or dangerous assemblages; and preserve order at all elections and public meetings and assemblages.

b. Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons; protect the safety and facilitate the convenience of motorists and pedestrians; and make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Borough for such purposes.

c. Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough; inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.

d. Provide proper police attendance and protection at fires.

e. Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.

f. Operate a training program to maintain and improve the police efficiency of the members of the Department.

g. Be responsible for checking streetlight outages.

2-22.9. Probationary Appointment.

a. Patrol officer. Each person hereafter appointed to the Department shall be known as a "probationary patrol officer" and shall serve as a probationary patrol officer for a period of one year commencing the first day following successful completion of all training requirements provided for in Subsection 2-22.5a, above. The probationary period shall be divided into two six-month periods, the first six-month period being known and designated as "Probationary Period A," and the second six-month period as "Probationary Period B."

b. Officers. Each person appointed or promoted to the position of Sergeant, Lieutenant, Deputy Chief or Chief of Police shall also serve a probationary period in such capacity for a period of one year from the date of his/her appointment or promotion. The probationary period shall be divided into two six-month periods, the first six-month period being known and designated as "Probationary Period A," and the second six-month period as "Probationary Period B."

c. Termination of probationary period. At the termination of the entire probationary period, if the person satisfactorily meets all the requirements of the position to which (s)he has been appointed or promoted for the probationary period, the appointment or promotion shall be final on the recommendation of the appropriate authority or any committee that may be established by the Mayor as the appropriate authority for such specific purpose. However, if the candidate does not meet the requirements of his/her position at any time during either Probationary Period A or B, his/her service as such will be terminated on the recommendation of the appropriate authority or any committee that may be established by the Mayor as the appropriate authority for such specific purpose.

2-22.10. Removal and Suspension.

a. Causes for removal or suspension. Each regular police officer shall hold office and continue in employment during good behavior and efficiency, and no person shall be removed from office or employment for any causes other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations of the Department or absence from duty without just cause for five days or more.

b. Notice; hearing. Any member of the Department may be suspended, removed, fined or reduced from office or employment for just cause upon due notice and service of written charges and a hearing before the Governing Body as provided by law.

2-22.11. Uniforms. All members of the Police Department shall provide and maintain in clean and serviceable condition such wearing apparel and equipment as shall be prescribed by the appropriate authority.

2-22.12. Firearms. All firearms which may be provided by the Borough shall remain the property of the Borough.

2-22.13. Promotions.

a. Chief and Deputy Chief appointments.

1. The Mayor, as the appropriate authority, subject to Section 2-22.1c, shall make appointments to the positions of Chief and/or Deputy Chief as administrative/executive officers of the Department. The appointments of Chief and Deputy Chief shall be subject to the confirmation of the Council. The Mayor, as appropriate authority, shall make his determination based on his review of the applicant's past record (30%) and the results of an oral interview (70%). The past record shall consist of review of any prior commendations, discipline, evaluations, both formal and informal, as well as prior service and experience in leadership positions. The oral interview may, but shall not be limited to, the following criteria: leadership; initiative; vision for the future of the Department; and ability to communicate and work with the Mayor and Council. The member's length of service shall be employed only in the event of a tie.

2. To be eligible for the position of Chief and/or Deputy Chief, the applicant shall have served at a minimum three years in a Borough of Carlstadt police superior officer position and currently hold the rank of Lieutenant or above.

b. Lieutenant and Sergeant appointments.

1. The Mayor, as appropriate authority, shall make promotions to Lieutenant and Sergeant positions in the Police Department with the advice and consent of the Council. All such promotions to Lieutenant and Sergeant shall be made from the membership of the Department as constituted at the time of promotion.

2. No person shall be eligible for promotion to a superior position unless (s)he shall have first served in the rank of patrol officer in the Police Department for not less than three years.

3. All promotions shall be subject to the provisions regarding probationary appointment in Section 2-22.9b above.

c. Promotional process. So as to provide all eligible candidates for promotion with fair notice and equal access to the promotional process, and to identify the most qualified members of the Department for promotion to leadership positions within the Department, the following promotional process shall be employed for promotions to all superior positions other than the administrative/executive positions of Chief and/or Deputy Chief. The promotional process shall be governed by state law and in compliance with N.J.S.A. 40A:14-129, which provides that a promotion of any member or officer of the Police Department to a superior position shall be made from the membership of the Department and due consideration shall be given to the length and merit of his/her service and preference shall be given according to seniority in service. The Chief of Police shall be responsible for the administration of the promotional process.

1. Promotion to the rank of Sergeant and Lieutenant.

(a) Recommended prior experience. No person shall be eligible for promotion unless that person shall have served in the Carlstadt Police Department in the following rank prior to the deadline for submission of a letter of intent to participate in the promotional process. The Governing Body may, at their discretion, relax the prior experience requirements in this section based upon the qualifications of the applicant, the needs of the Police Department and the needs of the Borough:

Position	Prior Rank	Prior Experience (years)
Sergeant	Patrol officer	5
Lieutenant	Sergeant	3

(b) 

Testing. The testing process for the above positions will consist of the following:

(1) Seniority, length of service and review of a candidate's personnel file shall be given due consideration in accordance with N.J.S.A. 40A:14-12(9) This category shall account for 30% of a candidate's total promotional score.

(2) Oral examination and assessment administered by the Carlstadt Police Chief or, in the event of vacancy, the highest-ranking uniformed officer in the Carlstadt Police Department. The oral examination and assessment in this category shall account for 20% of the candidate's total promotional score.

(3) Oral examination and assessment administered by the Mayor and Council. The oral examination and assessment by the Mayor and Council shall account for 50% of the candidate's total promotional score.

(4) The oral examination and assessment may include, but shall not be limited to, the following criteria: a written examination administered by the New Jersey State Association of Chiefs of Police ("Chief's Association") or other written examination recognized by the State of New Jersey for such police promotions and deemed appropriate by the Governing Body, the applicant's leadership ability, initiative, productivity, attitude towards peers, supervising officers and the public, motivation and morale, previous job performance, past attendance record, loyalty to the Department and community, experience and seniority, and career development and training.

d. Procedure for conduct of promotional process.

1. The Chief of Police shall obtain permission from the Mayor, as appropriate authority, to hold a promotional examination process. After having received such approval, the Chief of Police, or his designee, shall provide a written announcement of the promotional process to all eligible personnel.

2. The announcement shall include a recitation of the eligibility for the position and shall include a description of the promotional process and should indicate to the candidates the format, length, and duration of any examinations, together with a description of any other portions of the promotional process, any minimum cutoff scores to continue to advance, and a weight assigned to each element.

3. Candidates for promotion shall be required to submit a written request and current resume to the Chief of Police, or his designee, prior to the closing date of the announcement to participate in the process.

4. No person shall be eligible to participate in the promotional process unless (s)he has submitted a written request and current resume prior to the deadline set forth by the Chief of Police.

5. The promotional testing process may, at the discretion of the Mayor and Council, include:

(a) Written examination. At least 30 days before the written examination, the Chief of Police, or his designee, shall announce the date, time and location of the written examination. The Mayor and Council may enter into a contract with the New Jersey State Association of Chiefs of Police or other testing body recognized by the State of New Jersey to develop, conduct, and grade the written examination. The questions will be based upon basic police practices and may include police and investigative procedures, supervisory and administrative principles, New Jersey criminal law, report writing, search and seizure issues, New Jersey Attorney General Guidelines and Directives, legal aspects and requirements for police work, and such other criteria as determined by the Chief's Association or other testing body recognized by the State of New Jersey. Eligible candidates who are scheduled to work during the written examination will be excused from duty to take the examination.

(b) 

Seniority. Due consideration and preference shall be given to seniority and length of service in accordance with N.J.S.A. 40A:14-12(9) Candidates participating in the promotional process for the rank of Sergeant and Lieutenant, shall be entitled to points for seniority as follows:

(1) Seniority for Sergeant candidates shall be calculated by awarding each candidate 0.055 points per month of service, up to a maximum of 10 points.

(2) Seniority for Lieutenant candidates shall be calculated by awarding two points for each year of service as a Sergeant beyond the minimum time in grade (one year) required to apply for promotion, up to a maximum of 10 points.

(3) Seniority shall be utilized in the event of any tie.

(c) Oral interview. Candidates for the ranks of Sergeant and Lieutenant shall be evaluated through an oral interview conducted by the Mayor and Council and the Carlstadt Chief of Police or, in the absence of the Chief, the highest ranking uniformed officer. Each candidate shall be presented with the same questions or topics related to the respective rank designed to elicit open-ended responses so that the Mayor and Council and Chief can determine the candidate's promotional potential, maturity, composure and leadership abilities. Candidates for promotion shall not discuss or disclose the contents or subject matter topics of the oral interview process until all oral interviews are concluded. The Mayor and Council or their designee may require promotional candidates to sign a confidentiality and nondisclosure agreement to insure compliance with these requirements. At the Mayor and Council's discretion, candidates may be sequestered during the interview process.

e. Lateral entry or lateral transfers. No lateral entry or lateral transfer is permitted from another agency to a promotional rank with the Carlstadt Police Department.

f. Security of promotional materials. The Chief of Police, or his designee, shall be responsible for the security and custody of promotional materials. All promotional materials will remain in the secured promotional file located in the office of the Chief of Police or such other secure area as designated by the Chief.

g. Eligibility lists.

1. At the conclusion of the promotional process, the Chief of Police shall receive from the New Jersey State Association of Chiefs of Police or other testing body the scores of each candidate in the written test.

2. After the expiration of the time for filing of appeals set forth below, and the disposition of any such appeal, the Chief of Police may establish and certify a list of eligible candidates in the order of their final scores for promotion. Said eligibility list will be distributed to the Mayor as the appropriate authority. The eligibility list may, at the discretion of Mayor and Council, remain in effect for a period of up to 18 months from the date it was certified but may be shortened or extended by the Mayor and Council at their discretion.

3. After the expiration of the eligibility list, candidates will be required to reapply for and participate anew in any subsequent promotional process.

h. Appeals of promotional process.

1. Within three days of the notification to each candidate of his/her ranking, a candidate may file a written appeal directed to the Chief of Police and the Mayor and Council. Said written appeal must contain the reason(s) or justification for the appeal. As part of any appeal, any candidate may review his or her evaluation or any other internal document pertaining to the candidate that was utilized in the promotional process.

2. The Mayor and Council will assess the request for appeal and make a determination as to how the request will be addressed, on a case-by-case basis. Scores on the written examination shall be final and not subject to appeal. Appeals of the calculation of seniority shall be decided based upon the official records maintained by the Police Department. Appeals of the oral examination and assessment shall be decided by the Mayor and Council within 10 days from the filing of the appeal. The Mayor and Council shall make a written decision on the appeal together with a brief statement of the reasons therefor. All decisions by the Mayor and Council on appeal shall be final.

2-22.14. Special Police Officers.

a. The Chief, subject to the approval by resolution of the Governing Body, may appoint special police officers for a term not exceeding one year and revoke such appointments without cause or hearing. The special police officers shall carry out their duties and responsibilities under the direct supervision of the Chief or his designee. Their powers, rights and duties shall be specifically defined by the Chief, but shall immediately cease at the expiration of the term for which the special police officers were appointed or upon revocation of their appointment. Special police officers shall not carry a revolver or other weapon at any time except as otherwise directed by the Chief. The resolution approving appointment of special police officers shall designate the rate of pay, if any.

b. No person shall be appointed as a special police officer unless (s)he is a citizen of the United States and resident of the Borough of Carlstadt for a period no less than one year; is able to read, write and speak the English language; is physically qualified and of good moral character; and shall not have been convicted of any criminal offense. Every special police officer shall be fingerprinted and the fingerprints filed with the Division of the State Police and the Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the Council concerning the eligibility and qualifications of any person proposed to be appointed a special police officer.

[1] Police departments are regulated by the provisions of N.J.S.A. 40A:14-118, et seq.

2-23 Bureau of Fire Prevention.

2-23.1. Establishment; Members Appointed. A Bureau of Fire Prevention is hereby established as part of the Carlstadt Fire Department and shall be under the direct supervision and control of the Fire Official, who reports directly to the Chief of the Carlstadt Fire Department.

2-23.2. Appointments; Term of Office; Removal.

a. Fire Official. The Fire Official shall be appointed by the Mayor with the consent of the Council, upon the recommendations of the Board of Fire Officers. Preference shall be given to members of the Carlstadt Fire Department and New Jersey State Exempt Fire Fighters, who must be state certified and active firefighters. The Fire Official shall serve for a term of two years. Any vacancy shall be filled for the unexpired term.

b. Inspectors and Other Employees. Inspectors and other employees of the Bureau of Fire Prevention as may be necessary to carry out its responsibilities shall be appointed by the Mayor with the consent of Council, upon the recommendations of the Board of Fire Officers.

c. Removal From Office. The Fire Official, inspectors and any other employees of the Bureau shall be subject to removal by the Mayor and Council for inefficiency and/or misconduct. The Fire Official, inspector or employee to be so removed shall be afforded an opportunity to be heard by the Mayor and Council or by a hearing officer designated by the Mayor and Council.

2-23.3. Right of Entry. The Fire Official and any inspector, on suspicion of a fire hazard, may enter any building or premises at any reasonable hour for the purpose of making any inspection or investigation which is deemed necessary for the prevention of fire and to secure the safety of persons from fire.

2-23.4. Inspection of Buildings. The Fire Official or any inspector, when deemed necessary, may inspect all buildings and premises in the Borough, except interiors of private dwellings, for the purposes of ascertaining and causing to be corrected any conditions liable to cause fire or for any violations of the provisions and intent of this section. The Fire Official shall make such orders as may be necessary to make the aforesaid buildings and premises comply with recognized standards and practices for the prevention of fire.

2-23.5. Fire Investigations. The Bureau of Fire Prevention shall investigate the cause, origin and the circumstances of every fire occurring in the Borough by which property has been destroyed or damaged, and so far as possible shall determine whether the fire is the result of carelessness or design. Such investigation shall be instituted immediately upon the occurrence of such fire, and if it appears that the fire is of suspicious origin, the Bureau shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to investigate such matters and shall further cooperate with the authorities in the collection of evidence and prosecution of the case.

2-23.6. Records. The Fire Official shall keep records of fires and of all facts concerning same, including statistics as to the extent and duration of such fires, damage caused thereby and whether such losses were covered by insurance, all of which records of the Bureau of Fire Prevention shall be deemed public records.

2-23.7. Annual Report. The annual report of the Fire Official shall be made on or before January 1 of each year and transmitted to the Mayor and Council. A copy of the report shall be transmitted to the Chief of the Fire Department. The annual report shall contain all proceedings under this section, with such statistics as the Fire Official may wish to include therein. The Fire Official, at the same time, shall submit such recommendations as (s)he may deem necessary or desirable.

2-24 Fire Department. [1]

2-24.1. Establishment; Composition; Membership.

a. Establishment. The Fire Department is hereby established under the name of Carlstadt Fire Department, to be regulated, controlled and maintained as hereinafter set forth.

b. Composition. The Fire Department shall consist of:

One Chief

One Assistant Chief

One Deputy Chief

One Battalion Chief

and such number of firefighters in accordance with Subsection 2-24.1c.1, officers in accordance with the rules and regulations relating to the government of the Fire Department, a Board of Fire Officers in accordance with Subsection 2.24.2 and the following fire companies:

Friendship Hook & Ladder Company No. 1

Bergen Engine Company No. 1

Engine Company No. 2

Engine Company No. 3

Emergency Squad

c. Membership.

1. Regular Membership. The membership of each Fire Department Company shall not exceed more than 24 persons, all of whom shall have completed Firefighter I courses, or equivalent, prior to being made a regular member. Membership within the Emergency Squad shall be in accordance with Subsection 2-24.12b of this chapter.

2. Probationary Member. The member, prior to being considered for regular membership, shall be able to fulfill the requirements set forth by the rules and regulations of the Fire Department. A physical is required for probationary membership at the facility customarily used by the Borough for such purposes.

2-24.2. Board of Fire Officers. The Board of Fire Officers shall consist of the President, the Chief, the Assistant Chief, the Deputy Chief, the Battalion Chief, the Secretary, the Treasurer, the Chairperson of the Fire Committee of the Borough Council, and the Captain and First and Second Lieutenants of each of the Fire Department Companies as listed in Subsection 2-24.1b. The Board of Fire Officers shall organize in the month of January in each year and shall meet at least 10 times yearly for the transaction of Department business. The Board shall be the advisory body of the Department, shall have general supervision and control over its business and affairs and shall be subject to and governed by such rules and regulations as may from time to time be prescribed by the Mayor and Council.

2-24.3. Election of Officers. The Chief, Assistant Chief, Deputy Chief, Battalion Chief and the President of the Board of Fire Officers shall be elected annually by secret ballot by the active members of the Department who shall be entitled under the rules and regulations to vote thereat, at an election to be held on the third Friday of November in each year. The Chief, Assistant Chief, Deputy Chief, Battalion Chief and the President of the Board of Fire Officers shall hold office for one year from 8:00 p.m. on the Friday after the annual reorganization meeting of the Mayor and Council, after their confirmation by the Mayor and Council, and until their respective successors shall have been elected and confirmed.

2-24.4. Command. The Chief shall be in complete command and authority at all times when the Fire Department is on active duty at fires, drill or other Department public fire duties.

2-24.5. Authority of Chief, Assistant Chief, Deputy Chief, and Battalion Chief. The Chief, Assistant Chief, Deputy Chief, and Battalion Chief or, in their absence, the officers of the next rank shall be on active duty at all times, shall have full and complete police power and authority to require and procure the removal of all obstructions in front of and around fire hydrants and perform such other services to prevent and protect against fire as may be necessary for the purpose, and shall be authorized to call upon the head of any Borough department for aid and assistance in the accomplishment of these purposes.

2-24.6. Public Fire Duty. In addition to attendance on active duty at fires and drills, the term "doing public fire duty" shall be deemed to include participation in any authorized public showing, exhibition or parade of firefighters, either with or without their fire apparatus.

2-24.7. Use of Equipment. No part of the apparatus and/or firefighting equipment of the Fire Department shall be taken out for drill purposes, let out for hire or conveyed outside of the Borough limits for any purpose whatsoever without the consent of the Fire Committee or the Mayor and Council.

2-24.8. Access to Firehouse and Equipment. No person shall be allowed to enter any firehouse or handle any apparatus or implement belonging to the Department unless accompanied by an active member thereof.

2-24.9. Inactive Members.

a. (Reserved)

b. Any firefighter who attains the age of 65 shall not be permitted to participate in interior firefighting activities under any circumstances.

c. Individuals must pass a fit for duty physical exam each year commencing the year they turn 65. Only examinations conducted at the facility customarily used by the Borough for such purposes shall be acceptable.

d. Any active firefighter who has completed 25 years of active service may become an inactive member of the Fire Department.

e. On or before December 31 of each year, the Borough shall pay to each inactive member an annual sum, in accordance with the current salary ordinance, for each inactive member pursuant to paragraphs 2-24.9a, b or c above.

f. All inactive members of the Fire Department shall have the right to attend and participate at all Fire Company and Fire Department meetings, except an inactive member shall have no right to vote. In addition, inactive members shall have the right to attend and participate at any authorized public showing, exhibition or parade of firefighters, either with or without fire apparatus, but shall not engage or participate in active fire duty. Inactive members shall not be subject to or liable for payment of any fines or dues. Inactive members shall have the right to use the meeting room of his/her respective fire company, provided the consent of the Board of Fire Officers is obtained prior to such use.

g. Each inactive member shall receive from the Mayor and Council a certificate and identification card certifying that (s)he is an inactive member of the Fire Department for the term of his/her life.

2-24.10. Disability Benefits.

a. Any firefighter who is permanently disabled through injuries received or sustained in the performance of his/her duties shall become an inactive member and shall be entitled to all benefits as set forth in Subsection 2-24.9f and g. Permanent disability shall be defined by the State of New Jersey Disability Benefits Commission.

b. On or before December 31 of each year, the Borough shall pay to each member made inactive by this section an annual sum equal to and in accordance with the current salary ordinance for each active member.

2-24.11. Rules and Regulations. The routine business and affairs of the Department shall be regulated and controlled by the rules and regulations to be promulgated by the Mayor and Council from time to time, which rules and regulations shall be observed and complied with by the officers and members of the Department to the same extent and with the same effect as though made part of this chapter.

2-24.12. Emergency Squad.

a. Established. A supplementary unit of the Fire Department is hereby created and established which shall be known and designated as the Carlstadt Fire Department Emergency Squad.

b. Membership. The membership of the Emergency Squad shall be at the discretion of the Fire Department Board of Fire Officers. Membership in the Emergency Squad shall be open to members of the Fire Department.

c. Officers. The officers of the Emergency Squad shall consist of a Captain, a First Lieutenant and a Second Lieutenant, all of who shall annually be chosen by the members of the Emergency Squad.

d. Powers of Officers. The three officers of the Emergency Squad shall become and be members of the Board of Fire Officers of the Fire Department and shall have and exercise the same duties, privileges, obligations and powers, both voting and otherwise, with respect to any and all of the functions of the Board as the several Captains and First and Second Lieutenants of the Borough Fire Companies have and exercise.

e. Duties of Officers.

1. Captain. The Captain of the Emergency Squad shall have and exercise such powers and assume and discharge such duties and obligations as the Chief of the Fire Department may from time to time prescribe.

2. First Lieutenant. The First Lieutenant of the Emergency Squad shall be second in rank and, in the absence or disability of the Captain, shall assume and perform all of the Captain's duties and obligations and have and exercise all of the Captain's power.

3. Second Lieutenant. The Second Lieutenant of the Emergency Squad shall be third in rank and, in the absence or disability of the Captain and First Lieutenant, shall assume and perform all of the Captain's duties and obligations and have and exercise all of the Captain's power.

[1] Editor's Note: Fire departments are regulated by the provisions of N.J.S.A. 40A:14-118 et seq.

2-25 Municipal Court.

2-25.1. Established; Powers. There shall be a Municipal Court in the Borough pursuant to the provisions of N.J.S.A. 2A:6-1 et seq., as amended and supplemented, to be known as the Municipal Court of the Borough of Carlstadt, Bergen County. The Municipal Court shall have a seal bearing the impression of the name of the court. The court shall be held in the Borough Hall of the Borough of Carlstadt, or such other place as the Borough Council shall designate from time to time, and shall exercise all the functions, powers, duties and jurisdiction conferred upon Municipal Courts by the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or any other law.

2-25.2. Municipal Judge.

a. Appointment; Term. There shall be a Municipal Judge of the Municipal Court appointed by the Mayor with the advice and consent of Council. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.

b. Powers and Duties. The Municipal Judge shall have and possess the qualifications, and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by N.J.S.A. 2A:6-1 et seq., as amended and supplemented, or by general law or ordinance.

2-25.3. Municipal Court Clerk. There shall be a Clerk of the Municipal Court who shall be appointed by the Mayor with the advice and consent of Council for a term of one year commencing January 1 of the year in which (s)he is appointed. The Clerk shall perform such functions and duties as shall be prescribed by law, the rules applicable to municipal courts and by the municipal judge. The duties of the Clerk shall include, but not be limited to:

a. Carrying out the rules, regulations, policies and procedures relating to the operation of the court.

b. Interviewing and speaking to prospective complainants; receiving complaints and dispensing information relating to court matters.

c. Maintaining the financial records of the court.

d. Attending court, taking minutes of the trials and entering them in the docket; arranging trial calendars; signing court documents; preparing and issuing warrants and commitments.

e. Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs.

f. Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issuing summonses requiring court appearances in this regard; maintaining and classifying records and files.

g. Performing such other necessary clerical work as may be required at the direction of the municipal judge.

2-25.4. Deputy Municipal Court Clerk. There shall be a Deputy Clerk of the Municipal Court, who shall be appointed by the Mayor, with the advice and consent of Council, for a term of one year commencing January 1 of the year in which (s)he is appointed. The Deputy Clerk shall perform the functions assigned to him/her by the municipal judge and by the Municipal Court Clerk.

2-26 Zoning Board of Adjustment. [1]

2-26.1. Establishment. There shall be a Zoning Board of Adjustment consisting of seven members and two alternate members; none of whom shall hold any elective office or position under the Borough.

2-26.2. Appointment. The members and alternate members of the Zoning Board of Adjustment shall be appointed by the Mayor, subject to the consent and confirmation of the Council, for a term of three years or until successors are appointed and qualified. All appointments to fill vacancies shall be for the unexpired term of the retiring incumbent only.

2-26.3. Removal. All members and alternate members of the Zoning Board of Adjustment shall be subject to removal for cause upon written charges after public hearing by the Mayor and Council.

2-26.4. Powers of Board. Subject to the provisions contained in this section the Zoning Board of Adjustment shall possess the following powers:

a. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or denial made by the building inspector or any other administrative official or agency based on or made in the enforcement of the zoning regulations of the Borough.

b. Hear and decide requests for special exceptions to the regulations, for interpretations of the map or for decisions upon special questions pertaining to the zoning regulations.

c. Hear and decide appeals for a variance relating to property where, by reason of exceptional narrowness, shallowness or peculiar shape of a specific piece of property or by reason of exceptional topographical conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation set forth in the zoning ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning regulations.

d. Recommend, in particular cases and for special reasons, to the Mayor and Council the granting of a variance to allow a structure or use in a district restricted against such structure or use, whereupon the Mayor and Council may, by resolution, approve or disapprove such recommendations. If such recommendation shall be approved by the Mayor and Council, the building inspector shall forthwith issue a permit for such structure or use.

e. Whenever a variance, permit or other authorization, granted by the Zoning Board of Adjustment or granted by the Mayor and Council upon the recommendation of the Zoning Board of Adjustment for a use variance is not acted upon and completed within one year after the granting, such variance, permit or authorization shall expire without notice to the holders of the variance; provided that if any construction thereby authorized shall have been substantially completed within one year after the effective date of such variance, permit or other authorization, an extension may be granted by the Zoning Board of Adjustment, subject to re-approval by the Mayor and Council in the case of a use variance requiring that body's approval for a further period of time not exceeding six months when warranted by the occurrence of conditions unforeseen at the time of the original granting of such variance, permit or other authorization. Substantial construction, as used herein, shall mean 50% of the construction described and shown in the plans and specifications for it on file with the building inspector.

2-26.5. Meetings and Records of Board. The Zoning Board of Adjustment shall adopt such rules and regulations as it may deem necessary to govern its procedure. Meetings of the Board shall be at the call of the Chairperson, or in his/her absence or failure to act, at such other times as may be set by a majority of the Board.

All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the Board and shall be a public record.

2-26.6. Subpoenas. The Chairperson of the Board, or in his/her absence the Acting Chairperson, shall have the power to issue subpoenas for the attendance of witnesses and the production of records, and may administer oaths. Upon the failure of any person to respond to such subpoena, application may be made to the superior court, or any justice thereof, for any order compelling the attendance of such person as a witness.

2-26.7. Procedure. In exercising the power conferred upon it, the Zoning Board of Adjustment, in conformity with the Revised Statutes of New Jersey and the amendments thereto, may reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the power of the building inspector. The concurring vote of five members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant any matter upon which it is required to pass under this section, or to effect or recommend any exceptions to or variations from the zoning regulations.

2-26.8. Notice of Hearing. The Zoning Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving due notice thereof to the appellant. Such appellant shall thereupon, at least 10 days prior to the time appointed for the hearing, give personal notice to all owners of the property within 200 feet of the property to be affected by the appeal. Such notice shall be given by sending written notice thereof by registered or certified mail to the last known address of the property owners, as shown on the most recent tax lists of the Borough, by handing a copy thereof to the property owners or by leaving a copy thereof at the usual place of abode. Where the owner is a partnership, service upon any partner, as provided above, shall be sufficient. The appellant shall by affidavit present satisfactory proof to the Board of Adjustment at the time of hearing that the notices have been duly served as aforesaid. At the hearing any party may appear in person or by agent or by attorney.

2-26.9. Appeals Must Be Decided Within Specified Time. Whenever an appeal shall be taken to the Zoning Board of Adjustment, the Board shall render its decision upon such appeal within 60 days from the date of the hearing on such appeal and, in any event, within 90 days from the date of the filing of the appeal, as herein provided, and upon failure to do so, at the expiration of such time, such appeal shall be deemed to be decided adversely to the appellant, in the same manner as though the Board had rendered a decision to that effect.

2-26.10. An Appeal Stays All Proceedings. An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made unless the building inspector certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him/her, that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or by the superior court or any justice thereof, on application and on notice to the building inspector and on due cause shown.

2-26.11. Alternate Members. The alternate members shall be designated by the Chairperson of the Zoning Board of Adjustment as "alternate no. 1" and "alternate no. 2", and they shall serve in rotation in the absence or disqualification of any regular member or members.

[1] The authority to regulate zoning is contained in N.J.S.A. 40:55D-1 et seq.

2-27 Planning Board.

2-27.1. Planning Board Created. Pursuant to the provisions of N.J.S.A. 40:55-1.4, a Planning Board to consist of seven members and two alternates is hereby established and created.

2-27.2. Membership Classes. The members constituting the Planning Board shall consist of and be divided into, for convenience in designating the manner of their appointment, the following four classes:

a. Class I - the Mayor.

b. Class II - an official of the Borough to be appointed by the Mayor.

c. Class III - a member of the Borough Council to be appointed by it.

d. Class IV - four citizens of the Borough to be appointed by the Mayor.

2-27.3. Compensation and Terms. All members of the Planning Board shall serve without compensation and the Class IV members shall hold no other municipal office, except that one of the four members may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education.

The terms of the members comprising Classes I and III shall correspond to their respective official tenures. The term of the member designated under Class II shall terminate with the term of the Mayor appointing him/her.

The respective terms of the Class IV members first appointed shall be one, two, three and four years. Thereafter, the term of each of the Class IV members shall continue to be four years. If a vacancy in any class shall occur other than by expiration of term, it shall be filled by appointment in the manner herein specified.

No member of the Planning Board shall be permitted to act on any matter in which (s)he has either directly or indirectly any personal or financial interest.

2-27.4. Powers and Duties Generally. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall elect a chairperson from the Class IV members and create and fill such other offices as it shall determine. It shall have the power and authority to employ experts and a staff and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all, exclusive of gifts, the amount appropriated by the Borough Council for the use of the Planning Board.

2-27.5. Master Plan. It shall continue to be the function and duty of the Planning Board to make, adopt and from time to time amend a master plan for the physical development of the Borough including any areas outside its boundaries, which in the Board's judgment, bear essential relation to the planning of the Borough. Such plan shall be amended and administered in accordance with the provisions of N.J.S.A. 40:55-1.1, et seq., and any amendments and supplements thereto.

2-27.6. Land Subdivision. In accordance with N.J.S.A. 40:55-1.14, the Planning Board is hereby expressly designated as the official agency to administer the provisions of the land subdivision regulations of the Borough, including the recommending of final approval of subdivision plots. The Planning Board is authorized to appoint a Subdivision Committee in accordance with N.J.S.A. 40:55-1.15.

2-27.7. Referrals to the Planning Board. The Planning Board shall also have the power to pass upon matters referred to it specifically by ordinance of the Council under the terms and conditions of N.J.S.A. 40:55-1.13; provided that final action by the Planning Board, unless otherwise expressly stated by the Council in the referral ordinances, shall be taken within 60 days after the date of referral of the matter to the Board.

2-27.8. Zoning. The Planning Board shall also have the power and duties to pass on any amendments or changes of any nature to the zoning regulations of the Borough as more particularly set forth in N.J.S.A. 40:55-35.

In addition to the foregoing, the Planning Board shall have at all times the power to suggest amendments to the zoning regulations or any other regulations having to do with the physical development of the Borough.

2-27.9. Public Hearing. Whenever a public hearing is required on any matter the Planning Board shall follow the procedure as described in N.J.S.A. 40:55-1.7.

2-27.10. Citizens' Advisory Committee on Planning. The Mayor may appoint one or more persons as a Citizens' Advisory Committee on Planning to assist or collaborate with the Planning Board in its duties, but the Committee shall have no power to vote or take other action required of the Board. The Committee shall serve at the pleasure of the Mayor.

2-27A Department of Land Use.

2-27A.1. Creation of Department. There is hereby created in and for the Borough of Carlstadt a Department of Land Use that shall consist of the following: Carlstadt Planning Board, Carlstadt Board of Adjustment, Zoning Department, Construction Department and Housing Inspection.

2-27A.2. Creation of positions. There shall be and are hereby created in and for the Borough of Carlstadt the position of Land Use Administrator to serve as supervising department head of the Department of Land Use and the position of Assistant Land Use Administrator to provide technical and clerical assistance to the Land Use Administrator.

2-27A.3. Qualifications.

a. Land Use Administrator.

1. The person holding the position of Land Use Administrator shall be required to possess at a minimum a masters degree in the field of administration, planning or related field and be a certified planning and zoning administrator.

2. The person holding the position of Land Use Administrator shall also be able to demonstrate:

(a) Familiarity with the Municipal Land Use Law;

(b) Familiarity with the Municipal Master Plan;

(c) Familiarity with local Planning and Zoning Code;

(d) Knowledge of accounting principles and practice;

(e) Ability to establish and maintain relationships with the governing body, local officials, general public and potential developers;

(f) Have good oral and written communications skills and the ability to deal effectively with the general public.

b. Assistant Land Use Administrator.

1. The person holding the position of Assistant Land Use Administrator shall be required to possess at a minimum a high school diploma and have previous work experience in an area concerned with land use, planning or zoning.

2. The person holding the position of Assistant Land Use Administrator shall also be able to demonstrate:

(a) Basic knowledge of land use procedures;

(b) Basic bookkeeping ability;

(c) Excellent computer and organization skills;

(d) Exhibit an ability to deal effectively with the general public;

(e) A willingness to pursue continuing education in the field of municipal land use regulation and procedures.

2-27A.4. Appointment. The Mayor shall nominate and, with the advice and consent of Council, appoint the Land Use Administrator and Assistant Land Use Administrator, including the filling of any vacancy in either position, which shall be for the unexpired term only.

2-27A.5. Term. The term of office of the Land Use Administrator and Assistant Land Use Administrator shall be for one year, commencing on January 1 and terminating on December 31 of the same year and until a successor shall have been appointed and qualified.

2-27A.6. Compensation. The Land Use Administrator and Assistant Land Use Administrator shall receive as salary such sums as may be fixed and adopted by the Mayor and Council in the Annual Salary Ordinance of the Borough.

2-27A.7. Duties.

a. Land Use Administrator. The duties of the Land Use Administrator shall be to provide assistance on an as needed basis providing direction to the Land Use Department, including personnel management, budget and general training. The Land Use Administrator shall be responsible for ensuring that land use applications, inspections and information requests are processed in a timely manner and shall be responsible for coordination and oversight of code enforcement, planning, zoning, Planning Board and Board of Adjustment board functions of the Department as well as coordinate contact with developers. Essential functions of the position of Land Use Administrator shall include, but not be limited to, the following:

1. Set the overall direction, method of doing business and philosophy of the Department of Land Use.

2. Oversee the preparation and execution of the Department's budget.

3. Establish training programs for the development of management skills of department heads and developing skills of other employees within the Department.

4. Serves as staff liaison to committees and boards within the Department, including: Planning Board, Board of Adjustment, Zoning Officials and Housing Inspector.

5. Act as coordinator and contact for all developers seeking to develop in the Borough of Carlstadt.

6. Be responsible for the direction and performance of all consultants functioning within the Department such as Engineer, Planner and attorneys.

7. Establish, review and maintain systems and procedures for the processing of all building, land use and engineering permits in accordance with the law and Planning and Zoning Board policy, where applicable.

8. Establish systems to ensure that Department records are in proper order.

9. Maintain escrow accounts, including general ledger for all deposits and assure proper reporting.

10. Coordinate with the Construction Code Official to ensure the functions performed by that department are exercised in a manner consistent with the determinations of the Department of Land Use.

11. Supervise Zoning Department activities.

12. Supervise Housing Inspection Department activities.

13. Provide staff support to the boards and committees as required to assist with the following:

(a) Preparation and distribution of meeting agenda.

(b) Preparation and distribution of meeting minutes.

(c) Publish decisions of boards.

(d) Accept applications and fees.

(e) Maintain land use files.

14. Report activity of the Department to the Governing Body on a routine and regular basis.

15. Attend meetings at municipal, county or state level as required in matters concerning plan review or regulations affecting the Borough of Carlstadt.

16. Provide assistance to the general public in connection with applications for land use development and provide information as to Borough policies and regulations in that regard.

17. Perform such other related duties as necessary for the proper and efficient conduct of the functions of the offices within the Land Use Department.

b. Assistant Land Use Administrator. The duties of the position of the Assistant Land Use Administrator shall be to provide both technical and clerical assistance in all matters that fall within the responsibility and control of the Land Use Administrator and to perform such tasks as directed by, and under the supervision of, the Land Use Administrator in the performance of those duties set forth herein.

2-27A.8. Continuing education requirements.

a. The person holding the position of Land Use Administrator shall be required to demonstrate familiarity with current trends in the field of municipal land use by participating in continuing education and/or formal education seminars enrolling in graduate/post graduate level continuing education courses and training to enhance job skills and maintain certifications.

b. The person holding the position of Assistant Land Use Administrator shall be required to participate in continuing education or formal education seminars in the areas of planning, zoning, municipal land use and related fields.

2-27A.9. Code Enforcement Officer.

a. Establishment; Appointment; Oath Reporting Requirements; Qualifications.

1. There is hereby created within the Department of Land Use the position of Code Enforcement Officer, who shall be appointed by the Mayor, with the advice and consent of Council.

2. Every Code Enforcement Officer shall before entering upon his duties, take the oath as prescribed by law.

3. Code Enforcement Officers shall report to the Land Use Administrator for administrative and budgetary purposes and shall file a monthly report of all activities of his/her office with the Land Use Administrator.

4. No person shall be appointed as a Code Enforcement Officer unless (s)he:

(a) Is a resident of the State of New Jersey.

(b) Is able to read, write and speak the English language.

(c) Is of sound mind and in good health.

(d) Is of good moral character.

(e) Has not been convicted of any offense involving dishonesty or which would make the person unfit to perform the duties of the office.

(f) Has been fingerprinted and his/her fingerprints filed with the Division of State Police and Federal Bureau of Investigation.

(g) Has received clearance following an employee background check.

b. Term of Office; Training; Compensation; Schedule; Uniform.

1. Term of Office. Code Enforcement Officers shall be appointed for a term of one year.

2. Training.

(a) Parking. Every Code Enforcement Officer shall successfully complete an approved training course prior to commencement of his/her duties to be conducted by the Carlstadt Police Department, unless the Chief of Police, or other Chief law enforcement officer, determines that the Code Enforcement Officer possesses substantially equivalent training and background, in which case the Mayor may waive the required training.

(b) General Ordinances/Zoning/Property Maintenance. Every Code Enforcement Officer shall be responsible to familiarize themselves and have working knowledge of the provisions of the Borough Code section that fall within their enforcement duties.

(c) Court. Every Code Enforcement Officer shall comply with any and all requirements of the municipal court related to the issuance of summonses and adhere to all rules, regulations, processes and procedures.

3. Compensation. Code Enforcement Officers shall receive compensation as set forth in the Salary Ordinance of the Borough of Carlstadt.

4. Schedule. The working hours of Code Enforcement Officers shall be fixed by the Mayor and Council. The schedule of work of Code Enforcement Officers will be established and coordinated by the Land Use Administrator.

5. Uniform. Every Code Enforcement Officer shall wear and maintain in clean and serviceable condition such wearing apparel as shall be prescribed by the Mayor.

c. Functions and Duties.

1. Responsibilities. Code Enforcement Officers shall be responsible for the enforcement of regulatory ordinances of the Borough Code, including parking ordinances, but excluding ordinances subject to police investigation and/or enforcement under the Uniform Construction Code. Code Enforcement Officers shall assist the Zoning Officer in the enforcement of the Land Use and Zoning Ordinances, including property maintenance regulations.

2. Inspections. Code Enforcement Officers shall conduct field inspections to ensure compliance with various Borough ordinances and enforce rules and regulations in relation to enforcement of ordinances.

3. Reports. Code Enforcement Officers shall make and record acts and observations, maintain records thereon in a daily log as well as provide written record of any inspections and investigations. Code Enforcement Officers shall create and adopt clear and concise forms for reports and applications and seek advice of the Borough Attorney for guidance and interpretation of the Code and rules and regulations. Code Enforcement Officers shall provide a written report of all activity, violation notices and dispositions to the Land Use Administrator on a monthly basis.

4. Records. All records kept by Code Enforcement Officers shall be open to inspection by the Mayor and Council and the general public at all reasonable times, regardless of whether such records are required to be kept by statute or ordinance.

5. Public documents. Every Code Enforcement Officer, on the expiration of his/her term for any reason whatsoever, shall deliver all books and records to the Land Use Administrator, said books and records being the property of the Borough of Carlstadt.

d. Enforcement Authority; Report of Violations; Enforcement Procedures.

1. Enforcement Authority. Code Enforcement Officers shall have the power to make or cause to be made any entry into any building or premises wherein an alleged violation may exist and to serve violation notices, make and process complaints for Code violations and make court appearances, both municipal and otherwise, as necessary in connection there with. Code Enforcement Officers shall also possess the power and authority, in the manner and to the extent granted by the Borough to issue a parking ticket for a parking offense and serve and execute all processes for any parking offense issuing out of the Municipal Court having jurisdiction over the complaint.

2. Report of Violation. Upon observation of a violation of any of the aforesaid ordinances or any other ordinance of the Borough of Carlstadt, the Code Enforcement Officer shall make a record of the same, in writing. A copy of each violation shall be submitted to the Land Use Administrator. If the violation falls within the purview of the Zoning Officer, Construction Official, Health Officer or Police Department, the Code Enforcement Officer shall discuss the violation with the appropriate official for action.

3. Violation Enforcement. Code Enforcement Officers shall have the authority to issue violation notices and/or summons and appear in Municipal Court, as necessary. All violation notices shall be complied with as follows:

(a) Within 24 hours if the safety and/or health of the public is endangered.

(b) No later than the hours or days specified in the ordinance referenced in the notice of violation. If time for compliance is not specified, the violation notices shall be complied with no later than 10 business days after receipt of said notice.

(c) Depending on the nature of the violation and means required to correct the violation, the Code Enforcement Officer may issue a notice of violation stipulating a reasonable number of days for compliance.

4. Issuance of Summons. Code Enforcement Officers shall have the authority to issue a summons in the name of the Borough for a violation of any ordinances pertaining to Borough parking regulations, land use, zoning, property maintenance, or other regulatory ordinances and shall testify on behalf of the Borough in litigated matters as requested by the Borough Attorney.

2-28 Social Services Director.

2-28.1. Creation of Position. There is hereby created in and for the Borough of Carlstadt the position of Social Services Director.

2-28.2. Qualifications.

a. The person holding the position of Social Services Director shall be licensed by the State of New Jersey and is required to possess at a minimum a master's degree in the field of social work.

b. The person holding the position of Social Services Director shall also be able to demonstrate:

1. Familiarity with local, county and state entitlements and rules of eligibility;

2. Sensitivity to the special needs of the poor or disadvantaged;

3. Ability to establish and maintain relationships with both officials and clients;

4. Have good oral and written communications skills and the ability to deal effectively with the general public.

2-28.3. Appointment. The Mayor shall nominate and, with the advice and consent of Council, appoint the Social Services Director, including the filling of a vacancy in the position, which shall be for the unexpired term only.

2-28.4. Term. The term of office of the Social Services Director shall be for one year, commencing on January 1 and terminating on December 31 of the same year and until a successor shall have been appointed and qualified.

2-28.5. Compensation. The Social Services Director shall receive as salary such sums as may be fixed and adopted by the Council in the Annual Salary Ordinance of the Borough.

2-28.6. Duties. The duties of the Social Services Director shall be to provide professional assistance on an as needed basis to all residents of the Borough and employees of the Borough who require social services and or psychosocial support. Essential functions of the position of Social Services Director shall include, but not be limited to, the following:

a. Serve as liaison with all community resource agencies and make referrals to community and other support services as appropriate.

b. Serve as a member of the Victims Crisis Response Team.

c. Serve as Substance Abuse Professional (SAP) as defined by 49 CFR Part 40.

d. Administer employee assistance program, which shall include the following functions:

1. Accept referrals from department heads, supervisors, fellow employees and employees themselves.

2. Provide limited number of counseling sessions, six in number, and/or recommend programs appropriate to needs assessment (i.e., drug, alcohol treatment).

3. Create agreement between employee and department supervisor and monitor to insure cooperation with guidelines set forth in agreement.

4. Monitor confidentiality and confidential files.

e. Assist Borough residents with applications for entitlement programs and/or medical forms completion, as necessary.

f. Attend meeting at local, county and state levels to keep abreast of activities pertaining the new and current community resources.

2-28.7. Continuing education requirements. The person holding the position of Social Services Director shall be required to demonstrate familiarity with current trends in the field of social services by participating in continuing education and/or formal education seminars, enrolling in graduate/post graduate level continuing education courses and training to enhance job skills and maintain licenses.

2-29 Board of Health.

2-29.1. Established. There shall be a Board of Health in the Borough which shall consist of seven members, who shall be appointed by the Mayor with the advice and consent of Council. Members shall be appointed for a term of four years, except that, of the members first appointed, one shall hold office for one year, two for two years, two for three years and two for four years. At least one member shall be a physician residing in the Borough. Appointments to fill vacancies shall be made in the same manner as original appointments and all such appointments shall be for the unexpired term only.

2-29.2. Powers and Duties. The Board of Health shall:

a. Have the power and authority to adopt ordinances relating to the protection of the health of Borough residents.

b. Employ necessary personnel and fix their salaries.

c. Have under its jurisdiction the Bureau of Vital Statistics of the Borough, the Health Officer and such other employees as are necessary to carry out its duties.

The Board of Health shall have all of the jurisdiction conferred upon boards of health by Title 26 of the Revised Statutes.

2-30 Reserved.

2-31 Civil Defense and Disaster Control Council.

There shall be a Civil Defense and Disaster Control Council pursuant to N.J.S.A. App. A:9-41, and a Director of the Civil Defense and Disaster Control Council. The Police Department and all departments of the Borough government shall cooperate with and assist the Council as required.

2-32 Free Public Library.

There shall be a free public library of the Borough which shall be operated by the Board of Trustees of the Carlstadt Free Public Library. The Board shall consist of seven members, one of whom shall be the Mayor or other chief executive officer of the Borough and one the local Superintendent of Schools, or, if there is no such official, the principal with power of supervision over the local school system, or, if the Borough shall have none of the abovementioned school officials, then the President of the Board of Education. The five remaining members shall be citizens appointed by the Mayor or Chief executive, at least four of whom shall be residents of the Borough. The appointments shall be for terms of one, two, three, four and five years respectively as they may be selected by the Mayor or other chief executive officer.

The Board of Trustees shall hold in trust and manage all property of the library and shall have all the powers provided by N.J.S.A. 40:54-12.

2-33 Municipal Alliance to Prevent Alcoholism and Drug Abuse.

2-33.1. Findings. The Mayor and Council hereby find that they are desirous of:

a. Organizing and coordinating efforts involving schools, law enforcement, business groups and other community organizations for the purpose of reducing alcoholism and drug abuse.

b. Developing comprehensive and effective alcoholism and drug abuse education programs in grades K through 12, in cooperation with local school district.

c. Developing procedures for the intervention, referral to treatment and discipline of students abusing alcohol or drugs, in cooperation with local school district.

d. Developing comprehensive alcoholism and drug abuse education support and outreach efforts in the community.

e. Developing comprehensive alcoholism and drug abuse community awareness and watch programs.

f. Creating a network of community leaders, private citizens and representatives of public and private human service agencies who will make a comprehensive and coordinated effort to promote and support drug and alcohol prevention and education programs and related activities.

g. Conducting an assessment of their community to determine the needs of the community in relation to alcoholism and drug abuse issues.

h. Identifying existing efforts and services acting to reduce alcoholism and drug abuse.

i. Coordinating projects within the municipality to avoid fragmentation and duplication.

j. Developing programs to be implemented at the municipal level or participating in regionally developed programs that accomplish the purpose of the Alliance effort and the purposes of the Municipal Alliance Committee.

k. Assisting the municipality in acquiring funds for Alliance programs, including the establishment of a permanent, standing subcommittee on fundraising.

2-33.2. Municipal Alliance to Prevent Alcoholism And Drug Abuse Created. A municipal alliance to prevent alcoholism and drug abuse is created in the Borough, pursuant to P.L. 1989, c. 51,[1] which shall be known as the "Municipal Alliance Committee."

[1] Editor's Note: See N.J.S.A. 26:2BB-1 et seq.

2-33.3. Composition; Appointment. The Mayor shall appoint, with the advice and consent of Council, a Municipal Alliance Committee consisting of nine members and four alternates.

a. The membership of the Municipal Alliance shall include the following individuals:

1. A representative of the governing body.

2. The Chief of Police, or designee.

3. The President of the School Board, or designee.

4. The Superintendent of Schools, or designee.

5. A representative of the Parent-Teachers Association.

6. A representative of a local civic association.

7. A representative of a local religious group.

8. A representative of a local senior citizens group.

9. A DARE officer.

b. Alternates to the Committee shall include the following individuals:

1. A representative of the local court system.

2. A representative of a local youth group.

3. A representative of a local labor union.

4. A concerned citizen.

c. Any other person may participate, and such other participants shall be unlimited in number.

2-33.4. Terms. The members of the Municipal Alliance Committee shall be appointed to serve for a term of three years or until their successor is appointed. All vacancies shall be filled for the unexpired term only. The members of the Municipal Alliance Committee shall receive no compensation for their service.

2-33.5. Organization; Meetings. The members of the Municipal Alliance Committee shall organize annually be selecting a Chairperson, Vice Chairperson and Secretary. The Municipal Alliance Committee shall meet regularly, at least once each quarter, and at such other times as its Chairperson shall direct.

2-33.6. Votes; Quorum. Each of the nine members of the Municipal Alliance Committee shall be entitled to one vote on all motions, resolutions, or other proceedings taken in or by such Committee. A quorum of the Committee members is required for action to be taken by the Committee. A quorum is 50% of the membership plus one (4 1/2 plus one equals 5 1/2, rounded up to six).

2-33.7. Responsibility. The members of the Municipal Alliance Committee shall be responsible for developing the alcohol, tobacco and other drug (ATOD) abuse prevention programs to be implemented in the community consistent with the objectives as delineated in Subsection 2-33.1 above.

2-33.8. Powers. The Municipal Alliance Committee shall have the power to:

a. Make and adopt suitable rules, regulations and bylaws for the purpose of carrying out its objectives. Prior to adoption of the rules, regulations and bylaws or any amendments thereto, the Municipal Alliance Committee shall submit the same to the Mayor and Council for approval on a annual basis.

b. Undertake, supervise or direct the making of the studies and surveys of all the matters and things that are or may be related to or are the interest of reducing alcohol, tobacco and other drug (ATOD) abuse.

c. Create subcommittees, composed of members and nonmembers of the Municipal Alliance Committee, to aid and assist in the work of the Committee.

d. Request and obtain such cooperation, assistance and data from various municipal departments, boards, bureaus, commissions and other agencies as may be reasonably necessary in order to carry out its work.

e. Make recommendations, devise plans and suggest ways and means to meet the various problems having to do with the reduction of alcohol, tobacco and other drug (ATOD) abuse.

f. To cooperate with the Governor's Council on Alcoholism and Drug Abuse, as well as the County Alliance Committee, to provide data, reports, or other information that may be needed to assist in the Alliance effort.

2-34 Advisory Committee on Recreation.

2-34.1. Creation. An Advisory Committee on Recreation of the Borough, not to exceed 15 members, is hereby created and established.

2-34.2. Membership; Appointment; Compensation; Removal. The Mayor shall appoint the members of the Advisory Committee on Recreation, including the filling of vacancies, with the advice and consent of Council. The appointments shall be for a total of 15 regular members and no less than seven. All appointments shall be made from among the citizens and residents of the Borough. The regular members shall be appointed for three-year terms. All vacancies shall be filled for the unexpired term only. The members shall serve until their respective successors are appointed. The member of the Committee on Recreation shall receive no compensation for their services. Any member who shall be absent for three consecutive meetings of the Committee, or who shall be absent for a total of six meetings in one calendar year, without being excused from attendance, may be subject to removal from the Committee.

2-34.3. Powers and Duties. The Advisory Committee on Recreation herein established shall advise the Mayor and Council on recreation facilities and programs in the Borough.

2-34.4. Rules and Regulations.

a. The Advisory Committee on Recreation herein established shall have the power to make and adopt suitable rules, regulations and bylaws for the purpose of carrying out its objectives and to elect a Chairperson and such other officers as it may deem advisable from its members.

b. Prior to adoption of the rules, regulations and bylaws or any amendments thereto, the Advisory Committee shall submit the same to the Mayor and Council for approval on an annual basis, on or before January 31 of each year.

2-34.5. Recreation Advisor.

a. Establishment; Appointment; Term; Compensation; Duties.

1. Establishment. There is hereby established the position of Recreation Advisor, who shall be selected from the members appointed to and serving on the Advisory Committee on Recreation.

2. Appointment. The Recreation Advisor shall be appointed by the Mayor, with the advice and consent of the Council.

3. Term of Office. The Recreation Advisor shall be appointed for a term of one year expiring on December 31 of each year.

4. Compensation. The Recreation Advisor shall receive a stipend as forth in the annual Salary Ordinance of the Borough of Carlstadt.

5. Duties.

(a) Under general supervision of the Mayor and Council and in concert with the Council Recreation Committee performs administrative work in the planning, development and operation of the Borough's recreation sport program and recreation events for the community.

(b) Assists the Council Recreation Chairperson in planning and managing the Borough recreation programs including athletic leagues, instruction programs and special events. Coordinates with recreation volunteers and provides clerical support to the Advisory Committee on Recreation and various sports organizations.

(c) Assists the Council Recreation Chairperson with general oversight of the annual recreation program functions, including monitoring the purchasing of supplies and operation inventory for recreation programs in accordance with the Borough's purchasing policies. Maintains an inventory of supplies and inventory of property and/or equipment utilized in sports and special recreation event activities.

(d) Reports to the Mayor and Council through Council Recreation Chairperson by filing a written report of all activities of the Advisory Committee on Recreation and the various individual sport organizations with regard to recreation sports programs and special event recreation programs on a monthly basis.

(e) Assists in coordination of recreation activities by providing informational bulletins or other publicity on recreation activities, including meeting notices, sign-up opportunities, schedules, and sport activity outcomes.

(f) Attends Advisory Committee on Recreation meetings, special meetings and any other meetings as directed by the Council Recreation Committee and/or Mayor and Council.

(g) Tracks and insures all adult volunteers are in compliance with the requirements of Borough Code Section 5-23 requiring background checks prior to participation and insures all safety rules, regulations and procedures are followed by the respective sports organizations. Reports any deviations of those requirements to the Chairperson of the Council Recreation Committee on a timely basis.

(h) Keeps and maintains a variety of records of participation in Borough recreation sports programs, including applications, liability waivers, background check approvals, any fees collected, and expenditure of any collected fees.

(i) Performs any and all other duties which may be required as directed by the Mayor and Council.

(j) On the expiration of his/her term for any reason whatsoever, shall deliver all books and records to the Chairperson of the Council Recreation Committee, said books and records being the property of the Borough of Carlstadt.

2-35 Joint Meeting Tri-Borough Sewer.

2-35.1. Creation. Pursuant to the authority of N.J.S.A. 40:63-68 and pursuant to a contract between the Boroughs there is hereby created a Joint Meeting Tri-Borough Sewer, Boroughs of Carlstadt, East Rutherford and Rutherford.

2-35.2. Purpose. The joint meeting shall provide for, construct, maintain and operate an outlet or trunk sewer or system of sewerage conveying sewage from points to be agreed upon to a common destination or to disposal works, and may also construct, maintain and operate works, plants and stations within or without the municipalities for the treatment, rendering and disposal of sewage.

2-35.3. Organization. The respective governing bodies or boards of the several contracting municipalities, which bodies or boards have authority to construct sewers or drains therein, shall meet in joint meeting, at such time and place as may be fixed, in writing, by a majority of the presiding officers of such bodies or boards, and shall proceed at once to organize as a joint meeting, by electing by roll call of the municipalities, a member of one of the bodies or boards of the several municipalities composing the joint meeting as the permanent chairperson of the joint meeting. The joint meeting, immediately after selecting a permanent chairperson and at the same meeting, shall proceed to elect, by roll call of the municipalities, a Secretary and a Treasurer, and may then or thereafter from time to time elect or choose such other officers, servants and agents for such time or times as they may determine and fix their compensation. None of the officers except the chairperson need be a member of the governing body or board of any of the contracting municipalities. Any vacancy occurring in any of the offices or positions under its control may be filled by the joint meeting.

The joint meeting shall continue to exist until the full completion of the improvement or works provided for in the contract between the several municipalities and for such further time as may be provided in the contracts. It may meet and adjourn from time to time as it may fix and determine during the progress and continuance of the work, and until its completion.

2-35.4. Officers of Joint Meeting; Oath; Bonds. The Chairperson, Secretary and Treasurer of the joint meeting, and such other officers or servants thereof as may be required by such meeting, before entering upon the discharge of their duties, shall each take and subscribe an oath that (s)he will faithfully and impartially discharge the duties of his/her office to the best of his/her skill and understanding. The joint meeting may require the Treasurer and any other of its officers or servants to enter into bond to the municipalities jointly contracting, in such sum or sums as may be fixed by it with proper surety satisfactory to and fixed by the joint meeting.

2-35.5. Votes; Quorum; Expenses. Each municipality, through its body or board represented in such joint meeting, shall be entitled to one vote therein, on all motions, resolutions, appointments and all other proceedings taken in or by such joint meeting, subject to the qualifications hereinafter specified. Such vote shall be cast and announced as is directed by a majority of all the members of the municipal body or board present in the joint meeting, whether the members present constitute a quorum of the body or board, or not. If only one member of the municipal body or board is present at the joint meeting, the vote of his/her municipality may be cast by him/her.

A majority of the municipalities so contracting, when represented as aforesaid in such joint meeting, shall constitute a quorum for the transaction of business, and such majority may adopt and make rules of order governing the proceedings of the joint meeting and rules for the government of the officers, agents and servants employed or appointed by the same, but in the case of municipalities which have heretofore jointly contracted for or jointly constructed any joint sewer, sewerage system of disposal plant or works under the authority of an act entitled, "An Act to Authorize Any Two or More Municipalities in This State to Jointly Provide, Maintain and Operate Trunk or Outlet Sewers and Sewage Disposal Plant or Plants or a System of Sewerage and to Otherwise Act Jointly Concerning the Collection, Removal or Disposal of Sewage and Make Contracts in Relation Thereto", no election, appointment or other action of the joint meeting shall become operative or be binding on the joint meeting or any of the municipalities, unless concurred in by the bodies or boards of the respective contracting municipalities represented or entitled to be represented in the joint meeting thereat, as by the ordinance providing for the making or the joint contract, are directed to pay 25% or more of the total cost, damages and expenses of the improvements or works specified in the contract and in the ordinance authorizing the same.

2-35.6. Joint Contracts. All proceedings and official action whatsoever necessary to be taken under contracts made for public improvements or works under this section shall be taken and had by such joint meeting exclusively, except in matters relating to the raising and paying of money provided to be paid by the several contracting municipalities, and in all such last mentioned matters, each contracting municipality shall act in a separate corporate capacity, as provided in such contract or by the law applicable to each municipality.

All actions and proceedings of the joint meeting, pursuant to such contract between them, except as in this section otherwise provided, shall be considered and construed to be done by and under the authority of the respective contracting municipalities represented in such joint meeting, and as if done by each municipality in its separate corporate capacity, but no such municipality shall be liable for more than its proportionate share of the cost, damages and expenses of the improvement or works as fixed by the joint contract.

2-36 Authorization of Contract With Bergen County Sewer Authority.

2-36.1. Purpose. The Borough of Carlstadt, New Jersey, has ascertained and does hereby determine that it is situate within the sewer district of Bergen County Sewer Authority in the State of New Jersey and can advantageously use the facilities of the proposed district sewer system of the authority, and that it will be economical and in other respects advantageous to it to have sewage and other wastes treated and disposed of by the Authority on and pursuant to the terms of the contract authorized by this section, and annexed hereto.

2-36.2. Authorization. Pursuant to the authority of N.J.S.A. 40:36A-1 et seq., the Borough of Carlstadt, New Jersey, shall enter into a contract with Bergen County Sewer Authority providing for and relating to the treatment and disposal of sewage and other wastes and the cost and expense of such treatment and disposal on the terms and conditions and substantially in the form set forth in this section, and the Mayor shall be and (s)he hereby is authorized and directed on behalf of the Borough to execute such contract under the Corporate Seal of the Borough, which shall be affixed and attested by the Clerk of the Borough, and to deliver the same.

2-36.3. Contract Approval. The contract shall be in the form as annexed hereto by reference, and the terms and conditions thereof are hereby approved and specifically agreed to. The provisions of this section shall be effective 10 days from February 18, 1975.

2-37 Interlocal Services Program.

2-37.1. Findings.

a. Certain federal funds are potentially available to Bergen County under Title I of the Housing and Community Development Act of 1974, commonly known as Community Development Revenue Sharing.

b. It is necessary to establish a legal basis for the county and its people to benefit from this program.

c. An agreement has been proposed under which the Borough of Carlstadt and the County of Bergen, in cooperation with other municipalities, will establish an Interlocal Services Program pursuant to N.J.S.A. 40:8A-1.

d. It is in the best interest of the Borough of Carlstadt to enter into such an agreement.

2-37.2. Agreement Executed. The agreement entitled, "Agreement Between the County of Bergen and Certain Municipalities Located Therein for the Establishment of a Cooperative Means of Conducting Certain Community Development Activities," a copy of which is attached hereto, by reference, shall be executed by the Mayor and Borough Clerk in accordance with the provisions of law, and shall take effect immediately upon its enactment.

2-38 Length of Service Awards Program.

2-38.1. Creation of Program. A Length of Service Award Program (LOSAP) is hereby created in accordance with Chapter 388 of the Laws of 1997, to reward members of the Volunteer Fire Department and Volunteer Ambulance Corps, of the Borough of Carlstadt for their loyal, diligent and devoted services to the residents of the Borough of Carlstadt.

2-38.2. Annual Contributions. The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member who meets or exceeds the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established pursuant to P.L. 1997, c. 388; and that such plan be administered in accordance with the laws of the State of New Jersey, the United States Internal Revenue Service Code and this section.

2-38.3. Criteria. The LOSAP shall provide for annual contributions commencing January 1, 2001, to each eligible member who meets the following criteria:

a. Achieves the minimum number of points as set forth on the point schedules attached to this section.

b. Full vesting shall occur after five years of service.

c. The proposed maximum contribution for each active, eligible volunteer member is $1,482.62.

[Amended 10-20-2021 by Ord. No. 21-13; 11-2-2022 by Ord. No. 22-11]

d. The estimated cost of this program has been calculated at approximately $96,000 per year.

[Amended 10-20-2021 by Ord. No. 21-13; 11-2-2022 by Ord. No. 22-11]

e. Without amending this section further, each year the proposed maximum contribution will increase by the published Federal Social Security annual cost of living.

[Added 11-2-2022 by Ord. No. 22-11]

f. The proposed maximum contribution for each active, eligible volunteer member will be published in the annual Borough Salary Ordinance.

[Added 11-2-2022 by Ord. No. 22-11]

g. The proposed maximum contribution will continue to increase annually and will stop increasing in the year that it reaches $2,500.

[Added 11-2-2022 by Ord. No. 22-11]

2-38.4. Credit for Service; Schedules. Each active member shall be credited for one year of volunteer service provided to the Carlstadt Volunteer Fire Department and Volunteer Ambulance Corps, each year a member meets or exceeds the minimum number of points required as shall be set forth in the schedules attached to this section as follows:

a. Fire Department. See Schedule A attached hereto and made part hereof.[1]

[1] Editor's Note: Schedule A is included as an attachment to this chapter.

b. Ambulance Corps. See Schedule B attached hereto and made part hereof.[2]

[2] Editor's Note: Schedule B is included as an attachment to this chapter.

2-39 Municipal Housing Liaison.

2-39.1. Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of the Borough of Carlstadt's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

2-39.2. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE AGENT

The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Carlstadt to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

MUNICIPAL HOUSING LIAISON

The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Carlstadt.

2-39.3. Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.

a. Establishment of Position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Borough of Carlstadt.

b. Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Mayor and Council and may be a full- or part-time municipal employee.

c. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Carlstadt, including the following responsibilities which may not be contracted out, exclusive of Paragraph c6, which may be contracted out:

1. Serving as the Borough of Carlstadt's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents, and interested households.

2. Monitoring the status of all restricted units in the Borough of Carlstadt's Fair Share Plan.

3. Compiling, verifying, and submitting annual reports as required by COAH.

4. Coordinating meetings with affordable housing providers and Administrative Agents, as applicable.

5. Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH.

6. If applicable, serving as the Administrative Agent for some or all of the restricted units in the Borough of Carlstadt as described in Paragraph f below.

d. Subject to approval by COAH, the Borough of Carlstadt may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Borough of Carlstadt, except for those responsibilities which may not be contracted out pursuant to Paragraph c above. If the Borough of Carlstadt contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.

e. Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.

f. Administrative powers and duties assigned to the Municipal Housing Liaison, unless delegated to another entity serving as the Administrative Agent.

1. Affirmative Marketing.

(a) Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Borough of Carlstadt and the provisions of N.J.A.C. 5:80-26.15; and

(b) Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

2. Household certification.

(a) Soliciting, scheduling, conducting and following up on interviews with interested households;

(b) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;

(c) Providing written notification to each applicant as to the determination of eligibility or noneligibility;

(d) Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendixes J and K of N.J.A.C. 5:80-26.1 et seq.;

(e) Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and

(f) Employing the random selection process as provided in the affirmative marketing plan of the Borough of Carlstadt when referring households for certification to affordable units.

3. Affordability Controls.

(a) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;

(b) Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;

(c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;

(d) Communicating with lenders regarding foreclosures; and

(e) Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

4. Resale and rental.

(a) Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and

(b) Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.

5. Processing Request from Unit Owners.

(a) Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;

(b) Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems; and

(c) Processing requests and making determinations on requests by owners of restricted units for hardship waivers.

6. Enforcement.

(a) Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;

(b) Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgment of the requirement that no restricted unit can be offered, or in any other way committed, to any person other than a household duly certified to the unit by the Administrative Agent;

(c) The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent, together with the telephone number of the Administrative Agent where complaints of excess rent can be made;

(d) Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

(e) Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;

(f) Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and

(g) Providing annual reports to COAH as required.

7. The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

2-40 (Reserved) [1]

[1] Editor's Note: Former Section 2-40, Legislative Research Officer, was repealed 12-5-2019 by Ord. No. 19-11.

2-41 Project Coordinator.

2-41.1. Creation of Office. There shall be and hereby is created in and for the Borough of Carlstadt the position of Project Coordinator.

a. Appointment. The Project Coordinator shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one calendar year and any vacancy in the term shall be filled only for the unexpired term.

b. Term. The term of office of the Project Coordinator shall be for a term of one year, commencing on January 1 and terminating on December 31 of the same year and until a successor shall have been appointed and qualified.

c. Qualifications. The Project Coordinator, prior to appointment, shall possess a bachelor's degree from an accredited college or university, have at least three years of relevant experience coordinating, supervising, or estimating the work involved in construction projects, be effective in event planning and production, possess a valid driver's license in the State of New Jersey, and be qualified by education, training and experience to perform the duties of the offices as set forth in Subsection 2-41.2 below.

2-41.2. Duties of Project Coordinator. At the direction of the Mayor and Council, the Project Coordinator shall coordinate the construction activities and public events of the Borough which have been approved by the governing body, interacting with the Borough Engineer, Master Carpenter and private contractors who are engaged in the construction and/or alteration to existing structures and public works facilities; coordinate the production, promotion, and execution of all public events and activities of the Borough that have prior approval of the governing body, interacting with various committees, organizations and local groups as well as Borough departments to assure events and activities are conducted in an efficient and cost effective manner; does related work as required, directed and authorized by the governing body.

a. Coordinates the construction activities of the Borough's Engineer, Master Carpenter and Public Works personnel and oversees Borough events and activities.

b. Meets with Borough officials and other interested persons to coordinate projects and activities.

c. Prepares and maintains current and accurate records for all anticipated projects, all projects approved by the governing body, and all completed projects, including all related documentation, project timelines, specific project timetable, and schedule of daily activities, payment vouchers and materials vouchers, closeout documents, etc.

d. Prepares and submits to the Mayor and Council through the Chairperson of the Projects Committee a report of all proposed, approved, ongoing, and completed construction projects, including all timelines and funding status on a monthly basis.

e. At the direction of the Mayor and Council, solicits proposals for outside contractors for submission to the Purchasing Agent/QPA to be presented to the Mayor and Counsel for award. For capital projects requiring the advertising of bids and specifications, provides necessary documentation to the Purchasing Agent/QPA for preparation of bid documents for advertising by the Borough Clerk.

f. Keeps abreast of new developments in construction activities related to public works in general, procedures, methods, materials and supplies, and prepares reports, critiques, and recommendations relative to above to the governing body.

g. Receives all complaints from residents and taxpayers of the Borough relating to ongoing construction projects, investigates same, takes appropriate action, and reports results to the Mayor and Council through the Chairperson of the Projects Committee.

h. At the direction of the Mayor and Council, prepares directives to the involved parties to comply with citizen complaints and/or to correct causes of complaints.

i. Represent the Borough during any audit procedure related to projects undertaken by the Borough, which involved the use of grant funding.

j. Coordinates through the respective department head the needs as they relate to overall construction activities to maintain a teamwork schedule of activities and to prevent delays by road blocks or duplication of effort.

k. Coordinates activities of the Borough Engineer, Master Carpenter, Public Works employees and private contractors whenever they are jointly engaged in public works improvement and construction projects previously approved and authorized by the Mayor and Council.

l. Represents the Borough at construction site meetings and presents to the Mayor and Council any disputes or issues for resolution in a timely manner through the Chairperson of the Projects Committee.

m. Provides on-site construction project oversight and inspection on a daily basis during active construction to ensure compliance with engineering and construction specifications with regard to materials used and quality of workmanship. Deviations that are observed shall be brought to the attention of the Borough Engineer immediately for determination and resolution and, simultaneously, to the attention of the Mayor and Council through the Chairperson of the Projects Committee. No other construction project oversight shall be permitted without prior authorization of the Mayor and Council.

n. Is authorized to make routine determinations and decisions, within the parameters as established by the Mayor and Council, to settle disputes or issues arising in the field during the construction progress to ensure that construction timetables are met. No authorization is conveyed herein that would permit any decision or determination that would have an impact on the financial aspect of the project or result in a material change/amendment to an approved construction plan.

o. When timetables for completion of projects are being delayed, reestablish and update schedules with contractors and submit them to the Mayor and Council for review and approval.

p. Responds to emergency matters as they arise or as directed by the Mayor and Council. All emergencies are to be communicated to the Mayor immediately and to the Council through the Chairperson of the Projects Committee as they arise or occur.

q. Coordinates and organizes the production, promotion, and execution of all public events and activities as directed and approved by the Mayor and Council, giving due respect for past practices and longtime volunteer involvement where applicable.

r. Meet with the Chairman of the Projects Committee, together with persons from Borough organizations or local groups, to plan, organize and execute public events and activities.

s. Responsible for obtaining duly authorized contracts for activities previously approved by the Mayor and Council, confirming that all insurance requisites are delivered to the Borough Clerk and in effect, and make certain that inspection by any Borough department is arranged in advance and takes place in a timely manner prior to the conduct of the event or activity.

t. Be responsible for organizing necessary manpower and equipment for the setup and breakdown of all event venues including, tables, seating, tents, stage, sound systems, and overall property maintenance.

u. Cause to have appropriate promotional materials of the event, as approved by the Mayor and Council, appear in various formats so as to provide adequate Borough-wide notice of upcoming events and activities.

v. Cause to have an adequate pictorial and commemorative record to be created, including program, attendance estimate, and contractor/vendor performance evaluation for submission as a post-event recap to the Mayor and Council.

w. Oversee and inspect the preparation of each venue to insure it is in a suitable and safe condition for access by the general public, before the onset of the event or activity.

x. Coordinate with respective department heads for crowd control and traffic control devices, volunteer fire and emergency medical personnel, if needed. Coordinate with the Borough's insurance professional to alert them to the event or activity, if necessary.

y. Be present, personally or his/her designee, on-site for the onset and closing of each event or activity to address issues and supervise cleanup efforts so the venue is left in good condition free of any potential attractive nuisances that might cause injury or harm if left unattended.

z. Research and recommend to the Mayor and Council potential public events and activities for their consideration.

2-41.3. Deputy Project Coordinator. Under the direction and supervision of the Project Coordinator, there shall be a Deputy Project Coordinator.

a. Appointment. The Deputy Project Coordinator shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one calendar year, and any vacancy in the term shall be filled only for the unexpired term.

b. Term. The term of office of the Deputy Project Coordinator shall be for a term of one year, commencing on January 1 and terminating on December 31 of the same year and until a successor shall have been appointed and qualified.

c. Qualifications. The Deputy Project Coordinator, prior to appointment, shall possess a bachelor's degree from an accredited college or university, have relevant experience with the nature of work involved in construction projects and event planning and production, possess a valid driver's license in the State of New Jersey, and be qualified by education, training and experience to perform the duties as set forth in Subsection 2-41.2 above.

d. Compensation. The Deputy Project Coordinator shall receive as salary such sums as may be fixed and adopted by the governing body in the annual Salary Ordinance of the Borough.

2-41.4. Duties of Deputy Project Coordinator. As directed by the Project Coordinator, the Deputy Project Coordinator shall perform any and all tasks assigned to him/her by the Project Coordinator as set forth in Subsection 2-41.2 above. The Deputy Project Coordinator shall not be authorized to act in the absence of the Project Coordinator, except to the extent that he/she shall be responsible for producing any and all reports and providing all required notifications to the Mayor and Council through the Chairman of the Project Committee, in the absence of the Project Coordinator in a timely manner.

2-42 Personnel Officer.

2-42.1. Creation of Office. There shall be and hereby is created in and for the Borough of Carlstadt the position of Personnel Officer.

a. Appointment. The Personnel Officer shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one calendar year and any vacancy in the term shall be filled only for the unexpired term.

b. Term. The term of office of the Personnel Officer shall be for a term of one year, commencing on January 1 and terminating on December 31 of the same year and until a successor shall have been appointed and qualified.

c. Qualifications. The Personnel Officer, prior to appointment, shall possess a bachelor's degree from an accredited college or university and possess a minimum of one year of supervisory personnel experience including the handling of personnel issues and problems and serving the needs of employees with issues arising specifically under the Borough's Policy Manual as approved and promulgated by the Mayor and Council.

2-42.2. Duties of Personnel Officer. At the direction of the Mayor and Council, the Personnel Officer shall be responsible for insuring that the rules and regulations set forth in the Borough's Policy Manual are adhered to by all covered Borough employees and to receive all complaints from employees for forwarding to the Mayor and Council for review and resolution.

a. Disseminates policy and procedural information as approved by the Mayor and Council to appropriate staff.

b. Assists in directing the personnel activities of the Borough through the respective department heads.

c. Assists department heads in maintaining adequate coverage in their respective departments on a daily basis.

d. Insures that Borough personnel are in compliance with work schedules, timekeeping, and adherence to vacation/sick time allowances as set forth in the Borough's Policy Manual.

e. Identifies and documents deviations and/or violations of the Borough's policies and procedures and forwards them to the Mayor and Council through the Chairman of the Personnel Committee for review and action, if necessary and warranted.

f. Receives from employees and/or members of the public complaints and issues regarding matters as covered in the Borough's Policy Manual, investigates same, and reports outcome to the Mayor and Council through the Chairman of the Personnel Committee. Unresolved matters will be addressed by the Mayor and Counsel and a remedial action plan developed, if required.

g. Forwards any emergent issues falling within the policies and procedures immediately to the Mayor.

h. At the direction of the Mayor and Council, prepares directives to the covered employees to comply with the Borough's policy and procedures and/or to correct causes of complaints.

i. Directs the establishment and maintenance of necessary records and files insuring confidentiality with regard to employee personal and medical information.

j. Compiles and maintains current and accurate records for all Borough employees regarding their certification/license for their respective position and the status of meeting continuing education requirements.

k. Responsible for presenting any mandatory amendments required to the Policy Manual to the Mayor and Council for approval through the Chairman of the Personnel Committee. Responsible for promulgating to all employees all amendments and/or supplements to the Policy Manual as approved by the Mayor and Council to all employees.

l. Responsible for insuring that the biennial review and certification by the Borough Attorney is accomplished in a timely manner and submitted to the appropriate agency.

m. Shall serve as the Insurance Coordinator for the Borough.

n. Responsible for the supervision of the Insurance Officer.

o. Reviews annual insurance update and make recommendations to the Mayor and Council as to its appropriateness and cost effectiveness.

p. Review and provide analysis of all health benefit contracts to the Mayor and Council through the Chairperson of the Personnel Committee. Submit all contracts, with appropriate resolution, for approval of the Mayor and Council and execution by the Mayor.

q. Serve as liaison with the Borough's Insurance Coordinator and Third Party Administrator.

r. Maintains confidentially consistent with the HIPAA regulations as to employee health information.

s. Provides reports to the Mayor and Council, in a confidential manner, through the Chairperson of the Personnel Committee, of all instances of employee disability and workmen's compensation, including updates during any period of disability or absence due to job-related injury as provided for in the Policy Manual.

t. Receive all required medical updates during periods of disability or absence due to injury, back to work clearance, and other required documentation as provided for by the Policy Manual.

u. Monitor adjustments to salaries during periods of temporary disability and insure removal of employee from Borough payroll in instances of permanent disability.

v. At the request of the Mayor and Council, perform other assigned tasks and duties related to Borough personnel issues and concerns.