Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the governing body of the Township of Little Falls 6-17-2005 by Ord. No. 966. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 55.
Library — See Ch. 118.
Personnel policies — See Ch. 155.
Public access to records — See Ch. 174.
Taxpayer list — See Ch. 240.
Trees — See Ch. 261.

§ 3-1 Article I.

§ 3-1.1 Short title.

§ 3-1.2 Definitions.

§ 3-1.3 Word usage.

§ 3-2 Article II.

§ 3-2.1 Executive power.

§ 3-2.2 General powers and duties of the Mayor.

§ 3-2.3 Staff.

§ 3-2.4 Acting Mayor.

§ 3-2.5 Election; term of office.

§ 3-2.6 Delegation of powers to department heads.

§ 3-2.7 Compensation.

§ 3-2.8 Business Administrator.

§ 3-2.9 Administrative organization generally.

§ 3-2.10 Department heads generally.

§ 3-2.11 Statutory agencies generally.

§ 3-2.12 Interim appointments.

§ 3-3 Article III.

§ 3-3.1 Legislative power.

§ 3-3.2 General powers.

§ 3-3.3 Membership; term of office.

§ 3-3.4 Compensation.

§ 3-3.5  

§ 3-3.6 Organization.

§ 3-3.7 Meetings.

§ 3-3.8 Quorum.

§ 3-3.9 Annual audit.

§ 3-3.10 Budget revision.

§ 3-3.11 President of Council.

§ 3-3.12 Determination of matters pertaining to Council functions and business.

§ 3-3.13 Roll call; roll call vote.

§ 3-3.14 Minutes; approval of minutes.

§ 3-3.15 Filing of reports and resolutions.

§ 3-4 Article IV

§ 3-4.1 Office of the Clerk

§ 3-4.2 Township Clerk.

§ 3-4.3 Powers and duties.

§ 3-4.4 Deputy Township Clerk.

§ 3-5 Article V.

§ 3-5.1 Department generally.

§ 3-5.2 Director of Finance.

§ 3-5.3 Division of Treasury.

§ 3-5.4 Division of Tax Collection.

§ 3-6 Article VI.

§ 3-6.1 Division generally.

§ 3-6.2 Township Attorney.

§ 3-6.3 Special counsel.

§ 3-6.4 Disqualification of Township of Attorney.

§ 3-6.5 Municipal Prosecutor.

§ 3-6.6 Municipal Public Defender.

§ 3-6.7 Alternate Municipal Public Defenders.

§ 3-6.8 Rent Leveling Board Attorney.

§ 3-6.9 Records and papers.

§ 3-7 Article VII.

§ 3-7.1 Department generally.

§ 3-7.2 Administration.

§ 3-7.3 Powers and duties.

§ 3-7.4 Division of Construction and Housing Inspections.

§ 3-7.5 Department of Public Works.

§ 3-7.6 Division of Engineering.

§ 3-7.7 Police Division.

§ 3-7.8 Fire Division.

§ 3-7.8.1 Emergency Medical Service.

§ 3-7.9 Office of Emergency Management.

§ 3-7.10 Division of Health.

§ 3-7.11 Division of Welfare.

§ 3-7.12 Division of Recreation.

§ 3-8 Article VIII.

§ 3-8.1 Municipal Court created.

§ 3-8.2 Powers.

§ 3-8.3 Judge of the Municipal Court.

§ 3-8.4 Municipal Court Administrator.

§ 3-8.5 Deputy Municipal Court Administrator/Violations Clerk.

§ 3-9 Article IX.

§ 3-9.1 Continuation of office.

§ 3-9.2 Appointment; compensation.

§ 3-9.3 Duties.

§ 3-9.4 Division personnel.

§ 3-9.5 Administrative procedures and requirements.

§ 3-10 Article X.

§ 3-10.1 Budget preparation.

§ 3-10.2 Budget operation.

§ 3-10.3 Purchase controls.

§ 3-10.4 Awarding of contracts.

§ 3-10.5 Standards and tests.

§ 3-10.6 Purchasing procedure.

§ 3-10.7 Approval and payment of bills and claims.

§ 3-10.8 Excess expenditures prohibited.

§ 3-10.9 Violations.

§ 3-10.10 Disciplinary action proceedings.

§ 3-10.11 Compliance with statutory procedures.

§ 3-11 Article XI.

§ 3-11.1 Compensation.

§ 3-11.2 Department directors and division heads.

§ 3-11.3 Vacancies in divisions.

§ 3-11.4 Surety bonds.

§ 3-11.5 Vacation leaves.

§ 3-11.6 Conflict of interest.

§ 3-11.7 Appointment and removal of employees.

§ 3-11.8 Promotions.

§ 3-11.9 Termination of employment; delivery of records.

§ 3-11.10 Removal from office.

§ 3-11.11 Council investigations.

§ 3-11.12 Administrative regulations.

§ 3-11.13 Preservation of public records.

§ 3-11.14 Emergency services and work hours.

§ 3-11.15 Annual audit.

§ 3-11.16 Political activities.

§ 3-11.17 Sick leave.

§ 3-11.18 Holidays.

§ 3-11.19 Longevity payments.

§ 3-11.20 Personal leave.

§ 3-11.21 Time limit on reemployment

§ 3-12 Article XII.

§ 3-12.1 Board of Health.

§ 3-12.2 Emergency Management Council.

§ 3-12.3 Environmental Commission.

§ 3-12.4 Historic Preservation Commission.

§ 3-12.5 Library.

§ 3-12.6 Library Board of Trustees.

§ 3-12.7 Local Assistance Board.

§ 3-12.8 Municipal Alliance on Alcoholism and Drug Abuse.

§ 3-12.9 (Reserved)

§ 3-12.10 Planning Board.

§ 3-12.11 Rent Leveling Officer.

§ 3-12.12 Shade Tree Commission.

§ 3-13 Article XIII.

§ 3-13.1 Continuation of ordinances in effect.

§ 3-13.2 Nomenclature changes.

§ 3-13.3 Continuation of rates of compensation.

§ 3-13.4 Pension rights.

§ 3-13.5 Temporary procedures.

§ 3-13.6 Offices abolished.

§ 3-13.7 Transfer of appropriations.

§ 3-1 Article I.

Short Title, Definitions and Word Usage.

§ 3-1.1 Short title.

This chapter shall be known and may be cited as the "Administrative Code (2005)" and is herein referred to as "the code."

§ 3-1.2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Business Administrator duly appointed pursuant to the Charter and Administrative Code, or any Assistant or Acting Administrator serving in place of the Business Administrator pursuant to the Charter or ordinance.
ADVICE AND CONSENT
The majority vote of a quorum of the Council, but in no case less than two affirmative votes if two is sufficient to grant advice and consent. If consent is not granted, the Mayor shall have the right to resubmit the matter to the Council.
CHARTER or TOWNSHIP CHARTER
Mayor-Council Plan of Chapter 210 of the New Jersey Laws of 1950, as amended and supplemented, and any and all statutory provisions of the State of New Jersey as may be lawfully applicable to the Township.
CLERK or TOWNSHIP CLERK
The Municipal Clerk duly appointed pursuant to the Charter or ordinance.
COUNCIL AND GOVERNING BODY
The local legislative body of the Township, constituted and elected pursuant to the Charter.
DEPARTMENT
An organization unit of the Township government established or designated by or pursuant to the Administrative Code as a department, and any agency or instrumentality of the Township government not allocated or assigned within such an organization unit.
DIRECTOR
The administrative head of a department.
MAYOR
The Chief Executive Officer of the Township of Little Falls, exercising the executive powers of the Township as set forth in the Charter.
MONTH
A calendar month, unless otherwise specifically provided.
ORDINANCE
Any act of local legislation heretofore or hereafter adopted so long as it remains in force and effect pursuant to law.
PERSON
Any corporation, firm, partnership, association, organization or other entity, as well as an individual.
QUORUM
A majority of the whole number of members of the Council.
TOWNSHIP
The Township of Little Falls, in the County of Passaic and State of New Jersey.
TOWNSHIP OFFICER
A position or office created by statute or ordinance that is charged with the continuous performance of permanent and certain public duties of the Township government. The categories of Township officers shall include:
[Added 9-12-2005 by Ord. No. 971]
A. 
The elected offices of Mayor and Township Council member;
B. 
Appointed offices required by statute to exist in every municipality;
C. 
Appointed offices permitted by statute to be established in municipalities; and
D. 
Appointed offices created by local ordinance.
YEAR
A calendar year unless otherwise specifically provided.

§ 3-1.3 Word usage.

For the purpose of this code and any other ordinance heretofore or hereafter adopted, except as the context may otherwise require:
A. 
The present tense includes the past and future tenses, and the future tense includes the present.
B. 
The masculine gender includes the feminine gender.
C. 
The singular number includes the plural, and the plural includes the singular.
D. 
The use of "shall" is mandatory and the use of "may" is permissive.
E. 
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded.
F. 
The words "writing" and "written" include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.

§ 3-2 Article II.

Mayor and Administrative Organization.

§ 3-2.1 Executive power.

The executive power of the Township shall be exercised by the Mayor pursuant to the Charter and law.

§ 3-2.2 General powers and duties of the Mayor.

A. 
The Mayor shall enforce the Charter and ordinances of the Township and all general laws applicable thereto.
B. 
The Mayor shall appoint each department head with the advice and consent of the Council. Each department head shall serve during the term of office of the Mayor appointing him and until the appointment and qualification of his successor.
C. 
The Mayor shall have such further appointment power as is provided by general law or this code.
D. 
The Mayor may, in his discretion, remove any department head after notice and an opportunity to be heard. Prior to removing a department head, the Mayor shall first file written notice of his intention with the Council. Such removal shall become effective on the 20th day after filing such notice unless the Council shall prior thereto adopt a resolution by a 2/3 vote of the whole number of the Council disapproving the removal.
E. 
The Mayor shall supervise all the departments of the Township government and shall require each department to make an annual and such other reports of its work as he deems desirable.
F. 
The Mayor shall annually report to the Council and the public on the work of the previous year and on the condition and requirements of the Township government. The Mayor shall from time to time make such recommendations for action by the Council as deemed in the public interest. The Mayor shall supervise all the departments of the Township government and shall require each department to make an annual and such other reports of its work as deemed desirable.
G. 
During the month of November, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor or the Business Administrator at public hearings, which shall be held during the month of November. On or before the 15th of January, the Mayor shall submit to Council his recommended budget, together with such explanatory comment or statement as he may deem desirable.
H. 
Time limit for action on ordinances:
(1) 
After receiving an ordinance adopted by the Council and submitted to him by the Clerk of the Council, the Mayor shall, within 10 days after receiving it, either approve the ordinance by affixing his signature thereto or return it to the Council by delivering it to the Township Clerk, together with a statement setting forth his objections thereto or to any item or part thereof.
(2) 
In computing the aforementioned period of time, the day in which the Mayor received the ordinance shall not be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday.
I. 
The Mayor may attend the meetings of the Council and may take part in discussion but shall have no vote except in case of a tie on a question of filling a vacancy in the Council, in which case he may cast the deciding vote.
J. 
The Mayor shall have the power to assign and reassign, transfer and retransfer, from time to time, either temporarily or permanently, any property or personnel from one function to another or from one administrative unit to another as the management of the Township government may require, subject to the express requirements of the Charter and all other applicable general laws and ordinances of the Township.
K. 
The Mayor shall have such other functions, powers and duties are provided by the Charter, other general laws and code.

§ 3-2.3 Staff.

The Mayor may appoint an executive assistant, a secretary and other personnel as he deems necessary, each of whom shall receive such compensation as shall be authorized by ordinance or resolution.

§ 3-2.4 Acting Mayor.

The Mayor shall designate the Business Administrator, any other department head or the Township Clerk to act as Mayor whenever the Mayor is prevented, by absence from the municipality, disability or other cause, from attending to the duties of his office. During such time, the person so designated by the Mayor shall possess all the rights, powers and duties of the Mayor. Whenever the Mayor shall have been unable to attend to the duties of his office for a period of 60 consecutive days for any of the above stated reasons, an Acting Mayor shall be appointed by the Council, who shall succeed to all rights, powers and duties of the Mayor or the then Acting Mayor.

§ 3-2.5 Election; term of office.

The Mayor shall be elected by the voters of the Township at the general election to be held on the second Tuesday in November and shall serve for a term of four years.

§ 3-2.6 Delegation of powers to department heads.

The Mayor may delegate to the head of any department functions, powers or duties conferred upon the Mayor by ordinance which are not required by Charter or general law to be performed or discharged personally by the Mayor.

§ 3-2.7 Compensation.

The compensation of the Mayor shall be such sum annually as provided in the annual Salary Ordinance.

§ 3-2.8 Business Administrator.

A. 
Position created. The position of Business Administrator is hereby created.
B. 
Appointment. The Business Administrator shall be appointed by the Mayor, with the advice and consent of the Council, for the term of the Mayor.
C. 
Compensation. The compensation of the Business Administrator shall be such sum annually as provided in the annual Salary Ordinance. The Business Administrator shall serve without additional compensation as head of any of the divisions of the Department of Administration in the absence of appointments of division heads.
D. 
Qualifications. The Business Administrator shall have the qualifications and shall be appointed in the manner prescribed by the Charter.
E. 
Duties. Through the divisions of the Department of Administration, the Business Administrator, under the direction and supervision of the Mayor, shall:
(1) 
Assist the Mayor in the preparation of the Township budget.
(2) 
Develop and enforce sound purchasing and personnel practices and procedures for all departments, offices and agencies of the Township.
(3) 
Supervise the administration of each of the departments established by ordinance, and for this purpose he shall have and exercise such duties and powers as are provided by the Charter.
(4) 
Prescribe and issue rules and regulations for the efficient management of the government, not inconsistent with the Charter and ordinances of the Township.
(5) 
Unless otherwise prescribed for by ordinance, make promotions for all employees and reestablish the salary level as a result of the promotion, pursuant to the salary ordinance established by the Council.
(6) 
Be responsible for the efficient management of his Department and have the general powers and duties of a department head as provided by Charter or by ordinance.
(7) 
Coordinate the operations and administration of departments, divisions, offices and agencies of the Township government.
F. 
Residency. The Business Administrator need not be a resident of the Township of Little Falls.

§ 3-2.9 Administrative organization generally.

[Amended 5-7-2012 by Ord. No. 1154]
The administrative functions, powers and duties of the Township are allocated and assigned among and within departments and offices established/constituted by this code as follows:
A. 
Departments.
(1) 
Department of Finance.
(2) 
Department of Public Works.
(3) 
Department of Administration.
B. 
Separate offices, boards and commissions.
(1) 
Municipal Clerk.
(2) 
Municipal Court.
(3) 
Tax Assessor.
(4) 
Planning Board.
(5) 
Board of Health.
(6) 
Shade Tree Commission.
(7) 
Environmental Commission.
(8) 
Public Library.
(9) 
Library Board of Trustees.
(10) 
Local Assistance Board.
(11) 
Municipal Alliance on Alcoholism and Drug Abuse.
(12) 
Municipal Ethics Board.
(13) 
Emergency Management Council.
(14) 
Rent Leveling Board.
(15) 
Historic Preservation Commission.

§ 3-2.10 Department heads generally.

Department heads shall be appointed and removed as provided by the Charter and shall serve full time, except as otherwise provided herein. Under the supervision of the Mayor and subject to the Charter and this code, each department head shall:
A. 
With the approval of the Mayor, appoint subordinate officers and employees within the department and may, with the approval of the Mayor, remove such officers and employees.
B. 
Direct and supervise the work of the department and its employees through the divisions established by the code.
C. 
Assign functions, powers and duties to subordinate officers and employees within the department and modify such assignments as need appears.
D. 
Delegate to division heads such of his powers as he may deem necessary for efficient administration.
E. 
Report at least annually to the Mayor and Council, in such form as shall be approved by the Business Administrator, on the work of the department during the preceding year.
F. 
There is hereby established the right of the majority and the minority of the Township Council to individually request resolutions, ordinances and any other data, when information that he/she may need in the performance of their duty, from the Township Attorney, Township Engineer and the Municipal Registered Accountant.

§ 3-2.11 Statutory agencies generally.

Statutory agencies not constituted as or within one of the named departments established by the code are allocated and assigned to the supervision of the Mayor or Council, as the case may be, in accordance with the Charter or otherwise provided by law.

§ 3-2.12 Interim appointments.

Whenever a vacancy exists in any office required by the Charter or ordinance to be filled by the Mayor with the advice and consent of the Council, and there is no holdover incumbent, the Mayor may temporarily fill such vacancy (in the absence of any contrary provision in the Charter or ordinance) by appointing an acting officer, including the designation of himself as an acting department head. Such appointee shall have all of the functions, powers and duties of the office until it shall be filled permanently. Any such appointment shall terminate not later than 30 days after the date of the appointment, unless the Council shall by resolution authorize one or more extensions of such period. If said vacancy has not been filled within 60 days from its creation, the Council may make the interim appointment.

§ 3-3 Article III.

Township Council.

§ 3-3.1 Legislative power.

The legislative power of the Township shall be exercised by the Township Council, except as may be otherwise provided by general law.

§ 3-3.2 General powers.

The Council, in addition to such other powers and duties as may be conferred upon it by the Charter, this chapter or otherwise by general law, may:
A. 
Require any Township officer, in its discretion, to prepare and submit sworn statements regarding his/her official duties and the performance thereof, and otherwise to carry out a legislative inquiry or investigation into the conduct of any department, office or agency of the Township government.
[Amended 9-12-2005 by Ord. No. 971]
B. 
Remove any Township officer, other than the Mayor or a member of council, for cause, upon notice and an opportunity to be heard, by a two-thirds vote of the entire membership of the Council.

§ 3-3.3 Membership; term of office.

The Council shall consist of five members elected by the voters of the Township at the general election held on the second Tuesday in November in the years in which municipal officers are to be elected. All members of Council shall be elected at-large by the voters. The terms of the members of the Council shall be four years, except that of those first elected, two shall serve for four-year terms and three for two-year terms.

§ 3-3.4 Compensation.

The compensation of each Council member shall be such sum annually as provided in the annual Salary Ordinance.

§ 3-3.5  

Vacancies on the Council shall be filled in the manner prescribed by the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq.

§ 3-3.6 Organization.

The Council shall, at its organizational meeting in January of each year, elect a President for one year and conduct such other business as may come before it.

§ 3-3.7 Meetings.

A. Public meetings. All meetings shall be public and held at times and places fixed by the Council, in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6. Exceptions, if any, shall be as authorized therein.
A. 
Regular and work session meetings. Council shall hold its regular meeting and work sessions pursuant to a resolution to be adopted at each yearly reorganization meeting. The resolution may be amended or modified by subsequent resolution, duly adopted by the Council.
B. 
Special meetings. As provided by the Charter, the Mayor may or, upon written request of a majority of its members, the Council may call a special meeting of the Council. In the call, the Mayor or the Council shall designate the purpose of the special meeting of the Council.
C. 
Rules for meetings. Except as provided in the Chapter or in this chapter, the conduct of all meetings of the Council shall be governed by Robert's Rules of Order, as revised.

§ 3-3.8 Quorum.

A majority of all of the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council, but no ordinance shall be adopted by the Council without the affirmative vote of a majority of all the members of the Council.

§ 3-3.9 Annual audit.

The Council shall cause to be made an annual audit of the Township's accounts and financial transactions, as required by law. Such annual audit shall be made by the registered Township accountant, appointed by Council.

§ 3-3.10 Budget revision.

Council may reduce any item or items in the Mayor's budget by a vote of a majority of the Council, but an increase in any item or items therein shall become effective only upon an affirmative vote of 2/3 of the members of Council.

§ 3-3.11 President of Council.

A. 
Election. The Council, at its annual organizational meeting to be held during the first week of January of each year, shall elect a President.
B. 
Term. The President of Council shall serve for a one-year term and until the election and qualification of his/her successor.
C. 
Powers and duties. The President of Council shall:
(1) 
Preside at all meetings of the Council and of the committee of the whole.
(2) 
State the question and announce the results of all matters upon which the Council may vote.
(3) 
Rule on all questions of order, subject to appeal to the Council.
(4) 
Sign all ordinances and resolutions adopted in his/her presence.
(5) 
Preserve order and decorum at all meetings of the Council.
(6) 
Have such other functions, powers and duties as the Council may from time to time prescribe.
D. 
Acting President of Council. In the absence of the President of Council, the Council shall elect a temporary presiding officer, who shall have the functions, powers and duties of the President during the President's absence.

§ 3-3.12 Determination of matters pertaining to Council functions and business.

The order of business, conduct of meetings, procedures, decorum and any and all matters pertaining to the functions of the Council, and the carrying out of Township business at regular and special meetings of the Council, shall be as determined and prescribed from time to time by resolution or ordinance of the Council.

§ 3-3.13 Roll call; roll call vote.

A. 
As soon as a meeting is called to order, the Township Clerk shall alphabetically call the roll of the members and the names of those present shall be entered in the minutes.
B. 
The Council vote upon every ordinance, and upon every motion or resolution when requested, shall be administered by the Township Clerk by alphabetically calling the roll of each member for his or her vote. Such roll call vote shall be recorded in the minutes of the meeting.

§ 3-3.14 Minutes; approval of minutes.

A. 
The Township Clerk shall record the minutes of each Council meeting.
B. 
Unless a reading of the minutes of the previous meeting is requested by a member of the Council, such minutes may be approved without a reading if the Township Clerk has previously furnished each member with a copy thereof.

§ 3-3.15 Filing of reports and resolutions.

The Council shall file with the Township Clerk all petitions, resolutions or other papers considered by it on each matter. All reports to the Council and all resolutions shall be filed with the Township Clerk.

§ 3-4 Article IV

Township Clerk.

§ 3-4.1 Office of the Clerk

There shall be an Office of the Clerk, consisting of the Township Clerk, Deputy Clerk and such other personnel as deemed necessary by said Township Clerk and the Council. The Clerk shall have the authority to employ other personnel with the advice and consent of the Council.

§ 3-4.2 Township Clerk.

A. 
Position created. There is hereby created the position of Township Clerk.
B. 
Appointment. The Council shall appoint a Township Clerk for the term prescribed by state statute (N.J.S.A. 40A:9-133).
C. 
Compensation. The compensation of the Township Clerk shall be such sum annually as provided in the annual Salary Ordinance.
D. 
Qualifications. Prior to his appointment he shall have been qualified by training and experience to perform the duties of his office.

§ 3-4.3 Powers and duties.

The Township Clerk, or during the absence or disability of the Township Clerk, the Deputy Township Clerk shall have but not be limited to the following powers and duties:
A. 
Clerk of the Council. The Township Clerk shall serve as Clerk of the Council. He shall keep a journal of the proceedings of the Council and shall engross all ordinances and all resolutions of a permanent character in the books to be provided for that purpose. After each ordinance he shall also engross and certify the proof of publication thereof, as required by law. Each ordinance and resolution so engrossed shall be signed by the presiding officer of the Council and the Clerk, who will attest that it was duly adopted upon a date stated, pursuant to law. When so signed, the engrossed copy shall be deemed to be a public record of the ordinance or resolution. Any omission by the Clerk or presiding officer of the Council to engross, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted. At the close of each year, with the advice and consent of the Township Attorney, the Clerk shall bind, compile or codify all of the ordinances and resolutions, or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances or resolutions.
B. 
Custodian of records. The Township Clerk shall have custody of and shall safely keep all the records, books and documents of the Township except such as shall be committed by Charter or ordinance to any other office or except such as shall be transferred to any other office by resolution of the Council. He shall, upon request and upon the payment of fees prescribed therefor by resolution of the Council, furnish a certified copy of any such paper in his custody, under the Corporate Seal of the Township.
C. 
Corporate Seal. The Township Clerk shall cause the Corporate Seal of the Township to be affixed to any instruments and writings when authorized to do so by any ordinance or resolution of the Council or when necessary to exemplify any document on record in his office or to certify any act or paper which from the records of his office shall appear to have been a public act of the Township or a public document. He shall not affix said Seal or permit it to be affixed to any instrument or writing or other paper, except as herein provided, unless required to do so by law or ordinance.
D. 
Insurance, surety bonds and contracts. The Clerk shall be the depository and custodian of:
(1) 
All official surety bonds furnished by or on account of any Township office or officer or employee, except that the Clerk's own bond shall be placed in the custody of the Township Treasurer.
(2) 
All insurance policies upon or with respect to risks insured for the benefit of the Township or to protect it against any claim, demand or liability whatsoever.
(3) 
All formal contracts for work, labor, services, supplies, equipment and materials to which the Township may be a party.
(4) 
All leases of property owned by the Township.
(5) 
All performance bonds running to the Township as oblige and 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 Township.
E. 
Administration of certain laws and ordinances; other duties. In addition to such other functions, powers and duties as may be prescribed by the Council and ordinances, the Township Clerk shall:
(1) 
Perform all the functions required of municipal clerks by the general election laws set forth in Title 19 of the Revised Statutes of New Jersey, as amended and supplemented, and in any other law or ordinance, and receive the fees prescribed therefor.
(2) 
Issue such licenses as may be authorized by the Council pursuant to the state's Alcoholic Beverage Law (N.J.S.A. 33:1-1 et seq.), as amended and supplemented, and the Township's ordinances.
(3) 
Perform such functions as are vested in the Municipal Clerk by state law and ordinance relating to bingo and raffles licensing.
(4) 
Issue certificates as to approval of land subdivision by the Township Planning Board or the Council.
(5) 
Have and perform such other and additional functions, powers and duties as may be prescribed by law or ordinance.
F. 
Notice to attend meetings of Council.
(1) 
The Township Clerk shall issue notices to the respective members of the Council and to all other persons whose attendance may be required at any regular meetings of the Council. Such notice shall be in accordance with a schedule, which the Clerk shall prepare on the first day of January for the ensuing year.
(2) 
The Clerk shall, whenever a special meeting of the Council is duly called, issue and cause to be served notices thereof upon the members of the Council and any other persons whose presence mat be required.

§ 3-4.4 Deputy Township Clerk.

A. 
Position created. There is hereby created the position of Deputy Township Clerk.
B. 
Appointment. The Deputy Township Clerk shall be appointed by the Township Council for a term of five years from the date of appointment.
C. 
Compensation. The compensation of the Deputy Township Clerk shall be such sum annually as provided in the annual Salary Ordinance.
D. 
Powers and duties. The Deputy Township Clerk shall assist the Township Clerk in:
(1) 
Keeping the records, resolutions, ordinances and minutes of the meetings of the Township Council.
(2) 
Taking care of all correspondence of the Township, its various departments and the Township Council.
(3) 
Properly advertising all ordinances and notices whenever required.
(4) 
Issuing all licenses required by law or ordinance, except such licenses as are assigned by law or ordinance to another issuing authority.
(5) 
Making all reports required by law or ordinance to the Township Council.
(6) 
During the absence or disability of the Township Clerk, the Deputy Township Clerk shall have all the powers of the Township Clerk and perform the functions and duties of such office.

§ 3-5 Article V.

Department of Finance.

§ 3-5.1 Department generally.

There shall be a Department of Finance headed by the Director of Finance, who shall be under the direction of the Mayor. The department shall include, in addition to such officers and employees prescribed or permitted by law, the Division of Treasury and the Division of Tax Collection.

§ 3-5.2 Director of Finance.

A. 
Position created. The position of Director of Finance is hereby created.
B. 
Appointment. The Director of Finance shall be appointed by the Mayor with the advice and consent of the Council for the term of the Mayor. The Director of Finance need not serve on a full-time basis.
C. 
Compensation. The salary for the Director of Finance shall be as provided by the Township Salary Ordinance.
D. 
Duties. The Director of Finance shall perform the duties formerly prescribed by resolutions or ordinances and such additional duties as may be assigned by the Mayor.

§ 3-5.3 Division of Treasury.

A. 
Division created. Within the Department of Administration, there shall be a Division of Treasury, the head of which shall be the Chief Financial Officer. There also shall be in the division the Township Treasurer, an accounting clerk/bookkeeper and other such personnel as may be required, subject to the approval of the Mayor and within the limits of available appropriations. The Township Treasurer and Chief Financial Officer may be one and the same person.
B. 
Chief Financial Officer.
(1) 
Position created. The position of Chief Financial Officer is hereby created pursuant to the provisions of Section 5 of P.L. 1988, c. 110 to carry out the responsibilities set forth under P.L. 1947 c. 151, N.J.S.A. 52:27BB-26 et seq.). The Chief Financial Officer shall serve under the direction and supervision of the Director of the Department and head the Division of Treasury.
(2) 
Compensation. The salary for the Chief Financial Officer shall be as provided by the Township Salary Ordinance.
(3) 
Residency. The Chief Financial Officer need not be a resident of the Township of Little Falls.
(4) 
Appointment. The Chief Financial Officer shall be appointed by the Mayor.
(5) 
Term. The Chief Financial Officer shall be appointed for the statutory term.
(6) 
Qualifications. The Chief Financial Officer shall be a certified municipal finance officer in accordance with the statutes of the State of New Jersey.
(7) 
Financial interest in contracts prohibited. The Chief Financial Officer shall not have any interest, directly or indirectly, in any contract, subcontract, job for work, materials for services, or the profit thereof, to be furnished to or performed for the Township.
(8) 
Conditions of employment. If employed full-time, the Chief Financial Officer shall hold no other employment nor engage in any activities for profit without the consent of the Mayor and Council by resolution duly adopted. The decision as to whether the Chief Financial Officer shall be given such consent shall be in the unreviewable discretion of the Mayor and Council.
C. 
Treasurer.
(1) 
Position created. The position of Treasurer is hereby created. The Treasurer shall serve under the direction and supervision of the Director of the Department. The Treasure need not serve on a full-time basis.
(2) 
Duties. The duties of the Treasurer shall be:
(a) 
To receive all money entrusted to or under the control of any department and deposit all funds received in depositories authorized by the Council by resolution.
(b) 
To control and verify the accuracy of daily receipts.
(c) 
To pre-audit all vouchers, bills or claims presented against the Township.
(d) 
To control expenditures to assure that budget appropriations are not exceeded.
(e) 
To supervise and maintain the punctual payment of all Township debt bonds and interest.
(f) 
To reconcile all bank accounts, including Tax Collector's depository accounts.
(g) 
To supervise and administer, when necessary, the recordkeeping of all personnel within the Department of Finance.
(h) 
To make all disbursements of Township funds.
(i) 
To have custody and control of all investments and investment funds of the Township upon approval of the Administrator.
(j) 
To prepare at least monthly a Treasurer's report to be presented to the Mayor and Council, setting forth at least a statement of revenues, statement of receipts and disbursements (all funds) and a statement of budget appropriations and expenditures and unencumbered balances.
D. 
Accounting Clerk/Bookkeeper.
(1) 
Position created. Within the Division of Treasury there shall be the position of an Accounting Clerk/Bookkeeper.
(2) 
The Accounting Clerk or Bookkeeper shall have the following duties:
(a) 
To record the following books of original entry:
[1] 
Receipts and disbursement records for:
[a] 
Current Fund.
[b] 
Trust Fund.
[c] 
Dog Fund.
[d] 
General Capital Fund.
[e] 
Public Assistance Fund.
[f] 
Water Utility Operating Fund.
[g] 
Water Capital Fund.
[2] 
Appropriation ledgers for:
[a] 
Current budget appropriation.
[b] 
Water utility appropriation.
[c] 
Capital ordinance appropriation.
[3] 
General ledger.
[4] 
Water utility billing and control records.
(b) 
To prepare monthly trial balances of appropriation ledgers and general ledgers.
(c) 
To prepare quarterly trial balances of water utility accounts-receivable cards.
(d) 
To prepare for payment by the Treasurer bill resolutions to be presented for Council approval (all appropriation ledgers are to be maintained on the encumbrance system).
(e) 
To prepare or proof, whichever the case may be, payrolls of the Township.
E. 
Payment of claims. All claims, debts and charges against the Township, other than on payroll account, shall be presented to the Township Clerk, who shall, in consultation with the Treasurer and/or Auditor, allocate the same to the proper budgetary accounts and thereupon present the same to the Mayor and Council. All such claims, debts or charges shall be presented on forms approved by the Mayor and Council and shall be on oath, affirmation or certification.
F. 
Payroll account. There is hereby established a payroll account for the payment of salaries and compensation for officers and employees of the Township. The payroll account hereby established shall be opened with such bank as the Council shall designate at the first meeting of the Township Council in January of each year. Hereafter there shall be approved an account to be designated Little Falls Township Payroll Account, and from time to time the Treasurer, upon receipt of a warrant for the amount due such payroll account, shall deposit the same to the credit of the Little Falls Township Payroll Account, charging the appropriate budgetary accounts therewith. The Treasurer shall thereafter draw checks on the payroll account to the officers and employees entitled to payment. In the case of any error or adjustment in the payrolls, the Treasurer shall make the proper correction and an appropriate record thereof shall be made in the Treasurer's records. Warrants may be drawn in favor of the payroll account in a manner provided by this article.
G. 
Form of checks. All checks for the payment of any claim, debt or charge against the Township of Little Falls, including those in favor of the Little Falls Township Payroll Account, shall be signed by any two of the following: the Mayor, the Township Treasurer, or the Township Clerk.

§ 3-5.4 Division of Tax Collection.

A. 
Division created. Within the Department of Administration, there shall be a Division of Tax Collection, the head of which shall be the Tax Collector. The division may employ additional personnel, subject to the approval of the Mayor and within the limits of available appropriations, to carry out the functions of the division.
B. 
Tax Collector.
(1) 
Position created. The position of Tax Collector is hereby created. The Tax Collector shall serve under the direction and supervision of the Director of the Department and head the Division of Tax Collection.
(2) 
Appointment. The Tax Collector shall be appointed by the Mayor for the term prescribed by law for municipal tax collectors.
(3) 
Qualifications. The Tax Collector shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
(4) 
Duties. The Tax Collector shall:
(a) 
Perform the functions of a collector of taxes under general tax law, including without limitation thereto the preparation and mailing of tax bills and assessment bills, enforcement of tax collections by tax sales and otherwise, and the maintenance of tax accounting records in such manner as may be prescribed or approved pursuant to the Charter and code.
(b) 
Receive and collect and deposit daily all current and delinquent real and personal property taxes and sewer assessments, charge and receive penalties and interest pursuant to law.
(c) 
Make or cause to be made and certify searches for tax and other liens on real property as may be authorized by law, and charge and collect and deposit daily for the use of the municipality the fee required pursuant to law for any such search.
(d) 
Bill, receive and collect sewer accounts as determined pursuant to ordinance.

§ 3-6 Article VI.

[Amended 5-7-2012 by Ord. No. 1154]
Division of Law.

§ 3-6.1 Division generally.

[Amended 5-7-2012 by Ord. No. 1154]
Within the Department of Administration, there shall be a Division of Law, the head of which shall be known as the Township Attorney.

§ 3-6.2 Township Attorney.

[Amended 5-7-2012 by Ord. No. 1154]
A. 
Position created. The position of Township Attorney is hereby created.
B. 
Appointment. The Township Attorney shall be appointed annually by the Mayor with the advice and consent of the Council. The Township Attorney need not serve on a full-time basis.
C. 
Compensation. The salary for the Township Attorney shall be as provided in the Salary Ordinance[1] and shall be subject to such fees as shall be approved by the Council for all services at the time of his or her appointment, unless subsequently increased by the Council.
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
D. 
Duties. The Township Attorney shall perform the following duties:
(1) 
The Township Attorney, as head of the Division of Law, shall be the chief legal advisor of the Township government and all of its officers, departments, divisions and committees. He shall give his opinion and advise the Mayor and the Council when requested to do so on matters relating to the conduct of the Township government.
(2) 
Advise other department heads on matters relating to their duties and the business of the Township.
(3) 
Attend all regular meetings of the Mayor and Council and special meetings of the Mayor and Council upon request.
(4) 
Draft, prepare and/or review for form and sufficiency all ordinances, resolutions, contracts, deeds and other legal papers as may be necessary for the proper conduct of the public business and the due performance of the Mayor and Council.
(5) 
Prepare easement agreements, right-of-entry agreements when requested to do so by the Mayor and Council and shall prepare and process and perform those services relating to the acquisition of title when the Township government elects to acquire title to real estate.
(6) 
Supervise the Division of Law and all matters relating to that Division and supervise the conduct of any other employees or attorneys who are within the jurisdiction of that division.
(7) 
Conduct or defend all litigation, arbitrations, administrative hearings, and/or appeals from orders, decisions or judgments affecting any interest of the Township as directed by the Mayor and Council.
(8) 
Subject to the approval of the Mayor and Council, he shall have the power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.
(9) 
Render opinions in writing upon any question of law submitted to him by the Mayor and Council with respect to their official powers and duties, or the powers and duties of any officer of the Township.
(10) 
Maintain a record of all actions, suits, proceedings and legal matters which relate to the Township's interest, and report thereon from time to time as the Mayor and Council may require.
(11) 
Have such other and different functions, powers and duties as may be provided by statute, ordinance or regulation.

§ 3-6.3 Special counsel.

[Amended 5-7-2012 by Ord. No. 1154]
Whenever he deems the interests of the Township so require, the Township Attorney may, with the approval of the Mayor and within the limits of available appropriations or bond issues, appoint special counsel to assist him in the preparation, trial or argument of such legal matters or proceedings as he may determine.

§ 3-6.4 Disqualification of Township of Attorney.

[Amended 5-7-2012 by Ord. No. 1154]
If the Township Attorney should be disqualified with respect to any matter, the Mayor may appoint special counsel, with the approval of the Council, to represent the Township for and with respect to such matter.

§ 3-6.5 Municipal Prosecutor.

[Amended 5-7-2012 by Ord. No. 1154]
A. 
Position created. The position of Municipal Prosecutor is hereby created.
B. 
Appointment. The Municipal Prosecutor shall be appointed by the Mayor for a term ending the 31st day of December next following his appointment.
C. 
Qualifications. The Municipal Prosecutor shall be an attorney-at-law duly admitted to practice in the State of New Jersey.
D. 
Compensation. The Municipal Prosecutor shall receive such compensation as shall be provided by the Council.
E. 
Duties. The Municipal Prosecutor shall conduct prosecutions for crimes and offenses cognizable by the Municipal Court of the Township of Little Falls, including violations of ordinances of the Township, complaints of any department under state law and violations of rules or regulations duly promulgated by any Township department or official, except such crimes and offenses as it may be the duty of the County Prosecutor to prosecute.

§ 3-6.6 Municipal Public Defender.

[Amended 12-22-2008 by Ord. No. 1060; 5-7-2012 by Ord. No. 1154]
A. 
Position created. The position of Municipal Public Defender is hereby created.
B. 
Appointment. The Municipal Public Defender shall be appointed by the Mayor for a term ending the 31st day of December next following his appointment or such time thereafter until reappointed or a successor is appointed.
C. 
Qualifications. The Municipal Public Defender shall be an attorney-at-law of the State of New Jersey in good standing.
D. 
Compensation. The Municipal Public Defender shall receive such compensation as shall be provided by the Council.
E. 
Duties. The Municipal Public Defender shall represent indigent defendants to which the Public Defender is appointed in proceedings in the Municipal Court in accordance with the requirements and procedures set forth in the state statutes governing municipal public defenders, as same may be amended from time to time.
F. 
Representation fees. A person applying for representation by the Municipal Public Defender or court-approved counsel must pay, unless waived by the court, an application fee in an amount necessary to pay the costs of Municipal Public Defender services as set by the court; however, such amount shall not exceed the amount set forth in Chapter 71, Fees. The Township shall have a lien on any property to which a defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to law as calculated at the same rate as the Office of the Public Defender bills clients at that time. Such lien shall be effectuated at the option of the Council by its directing the Municipal Attorney to file a notice with the Clerk of the Superior Court in accordance with the provisions of the state statutes.

§ 3-6.7 Alternate Municipal Public Defenders.

[Amended 5-7-2012 by Ord. No. 1154]
In the interest of providing legal counsel on an uninterrupted basis, the Township Council may, at its sole discretion, appoint up to three alternate Municipal Public Defenders so that court activities may proceed in the event of the absence of the primary Municipal Public Defender.

§ 3-6.8 Rent Leveling Board Attorney.

[Amended 5-7-2012 by Ord. No. 1154]
A. 
Position created. The position of Rent Leveling Board Attorney is hereby created.
B. 
Appointment. A Rent Leveling Board Attorney may be appointed by the Mayor for a term ending the 31st day of December next following his appointment.
C. 
Qualifications. The Rent Leveling Board Attorney shall be an attorney-at-law duly admitted to practice in the State of New Jersey.
D. 
Compensation. The Rent Leveling Board Attorney shall receive such compensation as shall be provided by the Council.
E. 
Duties. The Rent Leveling Board Attorney shall attend all meetings of the Rent Leveling Board, as required, and advise said Board on the interpretation of the Township's rent control ordinances.

§ 3-6.9 Records and papers.

[Amended 5-7-2012 by Ord. No. 1154]
All papers, documents, memoranda, reports and all other materials relating to the administration of the Division of Law shall be and remain the property of the Township. Upon the termination of his service with the Township, the Township Attorney shall forthwith surrender to his successor all such property, together with a written consent to substitution of his successor in all legal actions and proceedings then pending to which the Township is a party, as the Township Council may require.

§ 3-7 Article VII.

Department of Administration.

§ 3-7.1 Department generally.

[Amended 5-7-2012 by Ord. No. 1154]
There shall be a Department of Administration, the Director of which shall be the Business Administrator, who shall be appointed by the Mayor with the advice and consent of the Council for the term of the Mayor. The Township Clerk may be appointed to the additional office of Business Administrator and may receive additional compensation as determined by the Mayor and Council. The Department shall, under the direction of the Mayor, be responsible for the operation of the Department of Public Works, and the Divisions Police, Recreation, Construction, Engineering, Fire Prevention, and Fire.

§ 3-7.2 Administration.

The Business Administrator shall be the administrative head of each of these divisions, responsible to the Mayor for the proper administration of each division's affairs. All orders or instructions to the division heads shall be issued to him/her only by the Business Administrator with the approval of the Mayor. All such orders shall be recognized, carried out and obeyed by the individual division heads and all other members of the subject divisions. Such orders or instructions shall not in any way conflict with the provisions of this chapter or with the ordinances adopted by the Council.

§ 3-7.3 Powers and duties.

The Department of Administration shall:
A. 
Govern and control the divisions, their business and affairs and prescribe their rules and regulations. The authority of all members of the divisions, including division heads, shall be subordinate to the authority of the Business Administrator.
B. 
Prescribe and install uniform forms and procedures for budget preparation by all departments and divisions and assist in the review and analysis of budget requests and in the preparation of the budget document.
C. 
Develop and administer the Township's personnel program, and maintain a complete system of personnel records of municipal officers and employees.
D. 
Have and exercise the functions, powers and duties of Township Purchasing Agent as provided by the code.
E. 
Supervise telephone, mail, office equipment and furnishings and other office services.
F. 
Place, purchase and review property, liability and other insurance and surety bonds as required for Township purposes.
G. 
Install and provide records and reports for the determination of the cost of performance of each functional program or activity, measured in such work units as may be appropriate thereto.
H. 
Review each proposed expenditure and commitment to be made on behalf of any Township department for conformity with state law, the Charter and ordinances of the Township and authorize only such expenditures and commitments as conform to all the requirements of the Administrative Code.

§ 3-7.4 Division of Construction and Housing Inspections.

A. 
Division created. Within the Department of Administration, there shall be a Division of Construction and Housing Inspection.
B. 
Construction Official.
(1) 
Position created. The position of Construction Official is hereby created.
(2) 
The Construction Official shall serve under the direction and supervision of the Director of the Department and head the Division of Construction and Housing Inspection.
(3) 
Appointment. The Construction Official shall be appointed by the Mayor.
C. 
Duties. The duties of the Construction Official shall be:
(1) 
To administer, direct and supervise the Division of Construction and Housing Inspection and to perform the obligations, functions and duties prescribed by law under the provisions of Chapter 46, Construction Codes, Uniform, of this Code and other applicable municipal ordinances.
(2) 
To prepare and submit on or before February 10 of each year to the governing body a report recommending a fee schedule based upon the operating expenses fairly attributable to the enforcement of the State Uniform Construction Code.
(3) 
To file reports as required by the Uniform Construction Code.
(4) 
To submit in writing, at the end of each month, a report to the Township Council. That report shall list all permits and certifications issued for the month, with the estimated cost of the work and fees collected.
(5) 
To submit in writing, at the end of each year, a report to the Township Council detailing the activities of the division for the past year.
D. 
Division personnel. The Division of Construction and Housing Inspection may employ the following personnel:
(1) 
A Construction Official.
(2) 
A Building Subcode Official.
(3) 
A Fire Protection Subcode Official.
(4) 
An Electrical Subcode Official.
(5) 
A Plumbing Subcode Official.
(6) 
A Zoning Officer.
(7) 
Control Person.
(8) 
Elevator Inspector.
(9) 
Such other officers or employees required under the State Uniform Construction Act for the proper administration and enforcement of its provisions within the Township of Little Falls.
E. 
Employment. Any and/or all division personnel may be full-time, part-time or third-party agency employees and may hold more than one position.
F. 
Compensation. All division personnel shall receive such compensation for their services as provided for by the annual Salary Ordinance.[1] Third-party agencies shall be compensated by fee schedule as established by the Department of Community Affairs and/or as agreed to by contract with the Township of Little Falls.
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
G. 
Qualifications; duties; appointment of division personnel. Division personnel shall be qualified and licensed in accordance with the State Uniform Construction Code Act. All personnel shall be appointed by the Mayor to terms as prescribed by law and perform all duties as required in the Uniform Construction Code Act.
H. 
Assistant Inspectors. The position of Assistant Inspectors is provided for, so that, should the need arise, assistants may be appointed for any of the various subcodes. Assistants shall work under the supervision of the Construction Official.
I. 
Zoning Officer. The Construction Official and/or Building Subcode Official shall act as Zoning Officer.

§ 3-7.5 Department of Public Works.

[Amended 5-7-2012 by Ord. No. 1154]
A. 
Department created. There shall be a department head for the Department of Public Works appointed by the Mayor, with advice and consent of the Council, who shall possess a current and valid New Jersey Certified Public Works Manager certificate.
B. 
Superintendent of Public Works.
(1) 
Position created. The position of Superintendent of Public Works is hereby created.
(2) 
Compensation. The Superintendent of Public Works shall receive as compensation such salary as is provided in the Salary Ordinance.[1]
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
Appointment. The Superintendent of Public Works shall be appointed by the Mayor and the term of his office shall be in accordance with the provisions of statute.
(4) 
Qualifications. The Superintendent of Public Works shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office. He may be required to hold a professional engineer's license in the State of New Jersey.
(5) 
Tenure. A person holding the office, position or employment as a full-time Municipal Superintendent of Public Works who has held the office, position or employment continuously for five years or more shall continue to hold the office, position or employment, notwithstanding he is serving for a fixed term, during good behavior and efficiency and shall not be removed therefrom for political or other reasons except for good cause, upon written charges filed with the Municipal Clerk, and after a public, fair and impartial hearing.
(6) 
Duties and responsibilities. The Superintendent of Public Works shall supervise all personnel and operations of the Department. The Superintendent shall supervise the operations of the following areas:
(a) 
Public buildings and grounds;
(b) 
Streets;
(c) 
Recycling;
(d) 
Municipal waste (solid waste garbage collection);
(e) 
Wastewater collection;
(f) 
Stormwater collection; and
(g) 
Repair and maintenance of mechanical equipment and vehicles.
C. 
Sewer System Operator.
(1) 
Qualifications. There shall be a Sewer System Operator who shall be qualified by training and possess all licenses required to operate the sewer system as required by NJDEPE.
(2) 
The Operator shall work under the supervision of the Superintendent of Public Works.
(3) 
Compensation. The compensation for the Sewer System Operator shall be as provided in the Salary Ordinance.[2]
[2]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(4) 
Duties. The duties of the Sanitary Sewer Collection System Operator shall be to operate the sanitary sewer collection system as required by statute and by Department of Environmental Protection and Energy. The duties of the Sewer System Operator may be carried out by the Superintendent of Public Works, if qualified.
D. 
Public Works Foreman.
(1) 
Appointment. There shall be a Public Works Foreman, who shall be appointed by the Mayor.
(2) 
The Foreman shall be subordinate to the Superintendent of Public Works and shall perform such duties as shall be assigned to him by the Superintendent of Public Works in addition to his responsibility to provide supervision of all Public Works employees.
(3) 
Compensation. The compensation for Foreman shall be as provided in the Salary Ordinance.[3]
[3]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
E. 
Department personnel. In addition to the employees specifically provided for herein, the Department may employ such other personnel, subject to the approval of the Mayor and within the limits of available appropriations, to carry out the functions of the Department.
F. 
Buildings and grounds.
(1) 
The Department of Public Works shall be responsible for buildings and grounds owned by the Township.
(2) 
Duties and responsibilities. Under the direction of the Superintendent, the Department shall:
(a) 
Operate and maintain public buildings owned by the Township.
(b) 
Provide for or supervise the care, maintenance, and repair of the utilities within such buildings and grounds, such as heating, air conditioning, traffic signals, and the like.
(c) 
Trim, plant and care for trees, public parks and greens.
(d) 
Administer Township-owned properties.
(e) 
Maintain and repair fields, playgrounds, recreational areas and facilities, as requested by the Recreation Director to the Superintendent of Public Works, within a reasonable time.
(f) 
Review, record and submit readings of all water meters within the Township to the Administrator. Readings shall be taken in accordance with a schedule indicated.
(g) 
Provide custodial and janitorial services for all Township buildings.
G. 
Street services.
(1) 
The Department of Public Works shall be responsible for servicing all public streets in the Township.
(2) 
Duties and responsibilities. Under the Direction of the Superintendent, the Department shall:
(a) 
Maintain and repair all Township streets, bridges, culverts and drains.
(b) 
Undertake and administer Township road construction projects and road surfacing and resurfacing projects which are to be performed by Township contractors.
(c) 
Maintain all Township streets in a clean and safe condition for travel, free of obstructions and hazards, and remove snow and ice therefrom as required.
(d) 
Install, repair and maintain street traffic signs, lines and markers.
(e) 
Receive applications for and issue street opening permits and administer the Township's ordinances relating to street openings.
(f) 
Provide or supervise the provision for, the care, storage, use and maintenance of motor vehicles and motorized equipment owned by the Township, in accordance with policies set by the Superintendent.
H. 
Sewers.
(1) 
The Department of Public Works shall be responsible for sanitary and stormwater sewers.
(2) 
Duties and responsibilities. Under the direction of the Superintendent, the Department shall:
(a) 
Operate and maintain the Township's intercepting sewers, sewage pumping stations and all other sanitary and storm sewer installations and appurtenances.
(b) 
Provide such sanitation and general services relating thereto as may be required.

§ 3-7.6 Division of Engineering.

A. 
Division created. Within the Department of Administration, there shall be a Division of Engineering.
B. 
Township Engineer.
(1) 
Position created. The position of Township Engineer is hereby created.
(2) 
Compensation. The Township Engineer shall receive such salary as is provided in the Salary Ordinance[1] and compensation on a fee basis.
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
The Township Engineer shall serve under the direction and supervision of the Director of the Department and head the Division of Engineering.
(4) 
Appointment. The Township Engineer shall be appointed by the Mayor for a one-year term.
[Amended 2-11-2008 by Ord. No. 1032]
(5) 
Qualifications. Prior to his appointment, the Township Engineer shall have a degree in engineering from a recognized university, college or school of engineering, possess a professional engineer's license in the State of New Jersey and have at least four years of responsible experience in public works administration.
C. 
Duties and responsibilities. Under the direction of the Township Engineer, the Division shall:
(1) 
Prepare, or cause to be prepared, plans and specifications for public works and improvements undertaken by the Township, either on force account or by public contract.
(2) 
Coordinate the activities of consulting engineers that may be retained from time to time by the Township in connection with the contractual responsibilities of such engineers and examine and reject or approve all vouchers submitted for work performed by contractors in accordance with improvement contracts entered into by the Township.
(3) 
Provide and maintain surveys, maps, plans, specifications and operating records with respect to public works and facilities owned or operated by the Township and maintain and index as-built plans of all Township construction.
(4) 
Establish standards and procedures for the control, use and care of all Township-owned equipment, materials and supplies in the custody of the division.
(5) 
Study and report upon the technical requirements of streetlighting and traffic control.
(6) 
Supervise and enforce the Township's interest in public contracts for fire hydrant service and streetlighting.
(7) 
Provide technical and engineering advice and assistance to other Township departments and divisions as required.
(8) 
Review all proposed preliminary and final subdivision plats and site plans to ensure their conformity with the Municipal Subdivision Ordinance and with all other ordinances relating to land use requirements.
(9) 
Inspect and approve all improvements prior to the Planning Board's granting subdivision approval or releasing any securities. The Planning Board shall not act finally under the Land Subdivision Ordinance or the Site Plan Ordinance unless and until the findings and recommendations of the Division of Engineering have been made a part of its public record.
(10) 
Maintain the Tax Map for the Division of Assessments and be responsible for promptly recording thereon all changes in ownership from information as provided by law.
D. 
Division personnel. The Division may employ such other personnel, subject to the approval of the Mayor and within the limits of available appropriations, to carry out the functions of the Division.

§ 3-7.7 Police Division.

A. 
Definitions. As used in this section:
CHIEF
The Chief of Police of the Township.
DIVISION
The Police Division of the Township.
MEMBER
Any patrolman or officer serving in the Division in a permanent position.[1]
PATROLMAN
A member of the Police Division below the rank of Sergeant and includes female members of the division serving in the rank of patrolman.
SUPERIOR OFFICER
A member of the Police Division holding the rank of Sergeant or any rank above Sergeant.
[Amended 4-14-2008 by Ord. No. 1035]
[1]
Editor's Note: The former definition of "officer," which immediately followed, was repealed 4-14-2008 by Ord. No 1035.
B. 
Division created. Within the Department of Administration, there is hereby created a Division of Police.
C. 
Chief of Police.
(1) 
Position created. The position of Chief of Police is hereby created. The Chief of Police shall head the Division of Police and serve under the direction and supervision of the Business Administrator.
(2) 
Compensation. The Chief of Police shall receive as compensation such salary as is provided in the Salary Ordinance.[2]
[2]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
Appointment. The Chief of Police shall be appointed by the Mayor.
(4) 
Qualifications. The Chief of Police shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
D. 
Compensation.
(1) 
Established by Township Council. The compensation of the Chief and other members and employees of the division shall be fixed by the Council by ordinance.
(2) 
Longevity pay. Longevity pay shall be provided as stipulated by the bargaining unit in the contract with the bargaining unit.
(3) 
Township Treasurer notified. Upon any action being taken by the Business Administrator or by the Chief which will in any way affect the salary of a member or other employee of the division, the Township Treasurer shall be promptly notified of such action so that he may make the proper adjustment of his disbursements.
E. 
Duties. The division shall perform the following duties:
(1) 
Preserve the public peace; protect life and property; prevent crime; detect and arrest offenders against the penal laws and ordinances effective within the Township; suppress riots, mobs and insurrections; disperse unlawful or dangerous assemblages; and preserve order at all elections and public meetings and assemblages.
(2) 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons, and to protect the safety and facilitate the convenience of motorists and pedestrians, and make and enforce rules and regulations not inconsistent with the Charter and ordinances for such purposes.
(3) 
Remove all nuisances in the public streets, parks and other public places: 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.
(4) 
Provide proper police attendance and protection at fires.
(5) 
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.
(6) 
Operate a training program to maintain and improve the police efficiency of the members of the Police Division.
(7) 
Make, administer and enforce rules and regulations for the disposition, conduct and discipline of the Police Division.
F. 
Table of organization of division; work week.
(1) 
Table of organization. The regular members of the division will consist of a Chief, one Lieutenant, seven Sergeants and such patrolmen and other personnel and employees as shall be appointed from time to time by the Mayor and deemed necessary in order to maintain administrative efficiency and to preserve good order and discipline within the division.
(2) 
Workweek. The official workweek of and for members of the division shall be established in the collective bargaining agreement with the local Police Benevolent Association.
G. 
Duties and responsibilities of members of division.
(1) 
Chief of Police; powers and duties. The Mayor shall appoint a Chief of Police who shall have all of the powers set forth in N.J.S.A. 40A:14-118 and who shall be directly responsible to the Township Administrator for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the appropriate authority:
[Amended 12-28-2015 by Ord. No. 1237]
(a) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
(b) 
Have, exercise and discharge the functions, powers and duties of the force.
(c) 
Prescribe the duties and assignments of all subordinates and other personnel.
(d) 
Delegate authority as the Chief may deem necessary for the efficient operation of the force to be exercised under the Chief's direction and supervision.
(e) 
Report at least monthly to the Township Administrator in such form as shall be prescribed by the appropriate authority on the operation of the force during the preceding month, and make such other reports as may be requested by the Mayor.
(2) 
Lieutenant of police. A Lieutenant in the division shall rank next below the Chief. The Lieutenant shall be assigned to such duty as may be directed by the Chief and shall have and perform such other and more particular duties as are from time to time prescribed by ordinance and/or rules and regulations.
(3) 
Sergeants of police. A Sergeant in the division shall rank next below a Lieutenant. Sergeants shall be assigned to such duty as may be directed by the Chief and shall have and perform such other and more particular duties as are from time to time prescribed by ordinance and/or rules and regulations.
(4) 
Patrolmen.
(a) 
Grade. The grade of patrolman in the division shall include all the personnel of the division exclusive of superior officers.
(b) 
Duties. A patrolman shall promptly perform all duties of a patrolman as established by the rules and regulations, by ordinance, by general or special orders of the Chief, and by his superior officers.
(c) 
Special duty. When assigned to any special duty, a patrolman shall diligently and thoroughly perform such duty in accordance with the instructions of his superior officers.
(d) 
Subject to rules and regulations. Patrolmen shall be governed by the rules and regulations of the division while on regular or special duty.
(5) 
Designation of appropriate authority. In accordance with N.J.S.A. 40A:14-118, the Township Administrator is hereby designated as the appropriate authority.
[Added 12-28-2015 by Ord. No. 1237]
H. 
Rules and regulations.
(1) 
Rules and regulations established. Pursuant to N.J.S.A. 40A:14-118, there is hereby adopted, approved and promulgated as the rules and regulations for the governing of the Police Division and for the discipline of its members, which shall be known as the "Police Division Township of Little Falls Police Manual."
(2) 
Amendments and revocations of rules and regulations. The division reserves the right to amend or revoke any of the rules, regulations or procedures or add thereto to the Police Division Township of Little Falls Police Manual as circumstances may require.
I. 
Detective Bureau.
(1) 
Bureau created. A Detective Bureau is hereby created within the division which shall consist of Detectives appointed as hereinafter provided.
(2) 
Position created. The position of Detective is hereby created. A Detective shall conduct criminal investigations while in civilian clothing and shall conduct preparation of cases for prosecution and perform such other duties as are from time to time assigned by the Chief.
(3) 
Appointment.
(a) 
Detectives shall be appointed by the Chief of Police subject to the approval of the Mayor.
(b) 
No person shall at any time serve as a member of the Detective Bureau unless and until he has been appointed in accordance with the provisions of this subsection.
(c) 
The Chief shall have the right in the case of an emergency to temporarily, not to exceed three months, appoint a patrolman to the Detective Bureau.
(4) 
Compensation. A patrolman appointed as a Detective shall receive the same salary as he would receive as a patrolman unless the Council, by ordinance, provides additional or different compensation for a Detective.
J. 
Traffic and Safety Bureau.
(1) 
Bureau created. The Traffic and Safety Bureau is hereby created within the division.
(2) 
Supervision. The Traffic and Safety Bureau shall be under the supervision and control of the Chief or, in the absence or the incapacity of the Chief, of the next senior ranking officer of the division.
(3) 
Members. The Bureau shall consist of such members of the division and other employees as may be assigned thereto by the Chief, subject to the approval of the Mayor. The Bureau and its members shall operate as prescribed by rules and regulations promulgated by the Chief, subject to the approval by the Business Administrator.
(4) 
Duties. The Traffic and Safety Bureau shall be responsible for traffic control and safety within the Township.
K. 
Record and Identification Bureau.
(1) 
Bureau created. The Record and Identification Bureau is hereby created within the division.
(2) 
Supervision. The Record and Identification Bureau shall be under the supervision and control of the Chief or, in the absence or the incapacity of the Chief, of the next senior ranking superior officer of the division.
(3) 
Members. The Bureau shall consist of such members of the division and other employees as may be assigned thereto by the Chief, subject to approval by the Mayor. The Bureau and its members shall operate as prescribed by rules and regulations promulgated by the Chief, subject to the approval by the Business Administrator.
L. 
Appointment of members; application fees.
(1) 
The Township shall have a test every three years for applicants to the position of police officer. The Chiefs of Police Association will administer such test. Each candidate receiving a passing grade will be listed as eligible for hire as a police officer in the Township of Little Falls. Alternatively, instead of hiring from a list compiled from a test administered by the Chiefs of Police Association, the Township of Little Falls, in the discretion of the Mayor with the advise and consent of the Township Council, may hire police officers directly who meet the general qualifications for a police officer as set forth in the provisions of N.J.S.A. 40A:14-122 and who either worked for another police department or are eligible for hire through the Alternate Route Program under N.J.S.A. 52:17-B-69.1."
(2) 
The Mayor shall, in his discretion, from the list created by the testing listed in Subsection L(1), above, appoint such qualified persons as police officer as he from time to time deems to be appropriate. The Mayor shall make the appointment pursuant to such procedures as he shall from time to time deem to be appropriate.
(3) 
There shall be required a nonrefundable application fee as set forth in Chapter 71, Fees, to be submitted with an application from anyone seeking a position as a police officer.
[Amended 12-22-2008 by Ord. No. 1060]
(4) 
After initial screening and evaluation, all remaining applicants for police officer shall be required to undergo a psychological evaluation by a qualified psychologist selected by the Township.
M. 
Oath of office. Each member of the division, before entering upon the performance of his duties, shall take and subscribe an oath or affirmation to bear true faith and allegiance to the government established in this state, under the authority of the people, to support the Constitution of the United States and the Constitution of the State of New Jersey, and shall take and subscribe to any oath or affirmation required by the laws of the State of New Jersey, faithfully, impartially and justly to discharge and perform all duties of a probationary patrolman. Such oath or affirmation shall be filed with the Township Clerk, and one copy thereof, with the necessary seal and signatures affixed thereto, shall be filed in the patrolman's personnel file and one copy shall be given to each such member to retain in his permanent possession.
N. 
Probationary period. Each person hereafter appointed to the division shall be known as a probationary patrolman. He shall serve as a probationary patrolman for a period of 18 months, beginning with the first day of employment credited for the purposes of pay.
O. 
Promotions.
(1) 
General requirements.
(a) 
Intent. It is the intent of this section that all promotions to superior positions within the Township of Little Falls Police Division be made in accordance with the requirements of the laws of the State of New Jersey as established by statute, case law and other such rules, regulations and decisions as provided by law. A promotion of any member of the division to a superior officer position of Sergeant, Lieutenant or Chief shall be made from the membership of the division, when possible. Due consideration shall be given to the officer so proposed for the promotion, to the length and merit of his service.
(b) 
Examinations. In order to assist the Mayor in evaluating all candidates for promotions to superior positions within the division, such candidates shall submit to various types of examinations as the Mayor deems necessary and proper in order to ascertain who is best qualified for any promotion within the division.
(c) 
Eligibility. In order to be eligible for any promotion, candidates must meet all of the criteria and requirements established for such promotion.
(2) 
Promotion to the rank of Sergeant. Any candidate for promotion for the rank of Sergeant:
(a) 
Must have completed a total of five years in the rank of patrolman in the division in order to become eligible for such promotion.
(b) 
Must have knowledge of division rules and regulations, policy and procedure, Township ordinances that require police action and the New Jersey Code of Criminal Justice.
(c) 
Must demonstrate the willingness and ability to carry out administrative duties, supervise and direct subordinates, and respond appropriately to emergency situations.
(d) 
The Township shall have a test every three years for applicants to the position of Sergeant in order to create a list of eligible candidates. Applicants shall be required to participate in and satisfactorily perform in an examination for sergeant administered by the Chiefs of Police Association and any other tests and examinations as required by the Mayor as part of the selection process in evaluating candidates for promotion to the rank of Sergeant.
(3) 
Promotion to the rank of Lieutenant. Any candidate for promotion for the rank of Lieutenant:
(a) 
Must have completed a total of three years in the rank of Sergeant in the division in order to become eligible for such promotion. This three-year requirement shall not include any time spent by a candidate as acting Sergeant.
(b) 
Must have successfully completed a First Line Supervision Course at an accredited police academy.
(c) 
Must have knowledge of division rules and regulations, policy and procedure, Township ordinances that require police action and the New Jersey Code of Criminal Justice.
(d) 
Must demonstrate the willingness and ability to carry out administrative duties, supervise and direct subordinates, and respond appropriately to emergency situations.
(e) 
The Township shall have a test every three years for applicants to the position of Lieutenant in order to create a list of eligible candidates. Applicants shall be required to participate in and satisfactorily perform in an examination for lieutenants administered by the Chiefs of Police Association and any other tests and examinations as required by the Mayor as part of the selection process in evaluating candidates for promotion to the rank of Lieutenant.
(4) 
Promotion to Chief of Police.
(a) 
Any candidate for promotion for the rank of Chief of Police:
[1] 
Must have completed a total of 10 years as a sworn police officer in the division.
[2] 
Must have served a minimum of four years as a superior officer in the division.
[3] 
Must have knowledge of division rules and regulations, policy and procedure, Township ordinances that require police action and the New Jersey Code of Criminal Justice.
[4] 
Must demonstrate the willingness and ability to carry out administrative duties, supervise and direct subordinates and respond appropriately to emergency situations.
[5] 
Must have proven ability to plan and direct the activities of a police department.
[6] 
Must have proven ability to meet and deal with the public in a courteous, tactful and efficient manner.
[7] 
Shall be required to participate in and satisfactorily perform all examination requirements for promotion as set forth in this section and such other tests and examinations as required by the Mayor as part of the selection process in evaluating candidates for promotion to the rank of Sergeant.
(b) 
If there are not any officers from the division eligible under this subsection or if all officers fail the testing procedures, the Mayor may seek qualified candidates that are from outside the division and are certified by the State of New Jersey to compete for the Chief of Police position.
(5) 
Evaluation and testing. In order to assist the Mayor in evaluating all candidates for promotion to superior positions within the division, he shall require that all candidates who have met all other eligibility requirements submit to and satisfactorily complete any of the following examinations:
(a) 
Review of personnel file. The Mayor and/or Business Administrator shall review the personnel file and training records of each promotion candidate.
(b) 
Police Chief evaluation. Each promotion candidate shall be evaluated by the Chief, based on the candidate's career development, job performance and work history.
(c) 
Oral interview. An oral interview for each promotion candidate shall be conducted by the Mayor. Factors to be considered in evaluating the candidate's interview shall be:
[1] 
Job performance.
[2] 
Leadership skill.
[3] 
Educational background.
[4] 
Training.
[5] 
Demeanor.
(d) 
Seniority. The seniority of each promotion candidate shall be given due consideration but shall not be dispositive.
(e) 
Medical examination. Each candidate shall submit to a medical examination by qualified medical personnel, and a recommendation shall be given to the Mayor as to whether the candidate is deemed to be medically fit and able to satisfactorily perform the duties of the particular position for which the promotion is being given.
(f) 
Background investigation. Each candidate shall consent to and authorize an investigation by a reputable law enforcement officer, or such other type of investigator designated by the Mayor in order to determine if there are any events in the officer's personal background which would interfere with or have any bearing upon his fitness and ability to perform the duties of the position for which the promotion is being given.
(g) 
Appeals of the promotional process. Within 10 days of the results of candidates, a candidate may file a written letter of appeal. Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the appropriate authority, through the appropriate chain of command. The appropriate authority will assess the request and make a determination of how the request will be addressed on a case-by-case basis. Such requests may address the following areas of the promotional process:
[Added 4-25-2016 by Ord. No. 1250]
[1] 
Review and retabulation of scored elements of the selection process.
[2] 
Review any evaluation or internal document that was used in the selection process related to the appellant.
[3] 
If the appeal impacts upon the results of the promotional ranking as determined by the Chief of Police (with exception if the vacancy is for the position of Chief of Police), and the appropriate authority, the candidate may be permitted to be reevaluated.
(6) 
Final selection. All forms and types of examination shall be deemed to be evaluative aids for the Mayor in the decisionmaking process of evaluating all candidates for promotion to a particular position. The final decision for promotion shall be made by the Mayor.
P. 
Absences, leaves and vacations. Absences, leaves and vacations of and for members shall be governed by rules and regulations duly adopted by the Council.
Q. 
Disciplinary action. The Mayor may adopt rules and regulations specifying offenses of members of the division, prescribing penalties therefor and governing the procedure for invoking disciplinary action and conduct of hearings.
R. 
School crossing guards.
(1) 
Appointment. The Police Chief shall, subject to the approval of the Business Administrator, appoint as many school crossing guards as he deems necessary. Such guards shall serve at the pleasure of the Mayor.
(2) 
Compensation. Each crossing guard shall receive as compensation such salary as is provided in the Salary Ordinance.[3]
[3]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
Dismissal. All crossing guards shall serve at the pleasure of the Mayor.
(4) 
Rules and regulations. School crossing guards shall be governed by the rules and regulations of the division members insofar as they are applicable and consistent with the special duties prescribed for school crossing guards. Each crossing guard shall comply also with all other duly prescribed rules and regulations for school crossing guards.
S. 
Special police
(1) 
Appointment. The Mayor may, as he/she deems necessary, appoint special law enforcement officers sufficient to perform the duties and responsibilities permitted by this section as authorized by N.J.S.A. 40A:14-118 and within the conditions and limitations as may be established pursuant to the Special Law Enforcement Officers' Act.
(2) 
Individuals excluded from appointment.
(a) 
No member of the police force of the Township shall be appointed as a special law enforcement officer.
(b) 
No regularly appointed full-time police officer of any local unit within the State of New Jersey shall be appointed as a special law enforcement officer.
(c) 
No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the Township or supervision of the division shall be appointed as a special law enforcement officer.
(3) 
Term. Special law enforcement officers may be appointed for terms not to exceed one year, or temporarily in the case of an emergency. No special law enforcement officer shall serve beyond the age of 70 years.
(4) 
Compensation. Special police officers shall receive no compensation except as authorized by the Council.
(5) 
Eligibility and qualifications. Before any special law enforcement officer is appointed pursuant to the Special Law Enforcement Act, the Chief or, in his absence, other chief law enforcement officer of the Township shall ascertain the eligibility and qualifications of the applicant and report those determinations in writing to the appointing authority. No person may be appointed as a special law enforcement officer unless the person:
(a) 
Is a resident of the Township at the time of appointment and throughout the term of appointment.
(b) 
Is able to read and speak the English language well and intelligently.
(c) 
Possesses a high school diploma or its equivalent.
(d) 
Is sound in body and of good health.
(e) 
Is of good moral character.
(f) 
Has not been convicted of any offense involving dishonesty or which makes him/her unfit to perform the duties of his/her office.
(g) 
Has not been convicted of any crime of the first, second, third or fourth degree, as designated by the Criminal Code of New Jersey, that constituted an indictable offense or that involved moral turpitude or at a time of application is undergoing or awaiting court action of any kind in regard to such a crime.
(h) 
Shall have fingerprints taken, which fingerprints shall be filed with the New Jersey State Bureau of Investigation and the Federal Bureau of Investigation.
(6) 
Requirements for special law enforcement officers. Upon appointment, each Township special law enforcement officer shall:
(a) 
Be a Class II officer as prescribed by the State Police Training Commission.
(b) 
Be authorized to exercise full powers similar to those of a permanent, regularly appointed, full-time officer in performing routine traffic detail, spectator control, court officer and sergeant at arms duties, issue summonses for disorderly persons and petty disorderly persons offences, violations of municipal ordinances and violations of Title 39 of the Revised Statutes.
(c) 
Be authorized to use firearms only after the officer has been fully certified as successfully completing training as prescribed by the State Police Training Commission. An officer so trained may only carry a firearm while engaged in the actual performance of the officer's official duties.
(7) 
Powers and duties. The powers and duties of Township special police officers shall be in accordance with those prescribed in statute. Those powers and duties shall cease at the expiration of the term of each special police officer.
(8) 
Rules and regulations. All special police officers shall, at all times subsequent to their appointment, be subject to the rules and regulations of the division and to all orders and directions promulgated by the Chief or higher authority.
T. 
K-9 Corps.
(1) 
Creation; purpose. A K-9 Corps is hereby created to assist the Division of Police of the Township on walking and car patrol.
(2) 
Number of dogs. The number of dogs to be used shall be determined from time to time by the Mayor or Business Administrator.
(3) 
Regulations adopted. The Chief, subject to the approval by the Business Administrator, shall establish rules and regulations for the training and uses of K-9 dogs.
U. 
D.A.R.E. program.
(1) 
The Drug Abuse Resistance Education (D.A.R.E.) program is an important component of public service in Little Falls.
(2) 
The duties and functions of the division shall include the participation of two police officers in the D.A.R.E. program.
(3) 
The Chief shall make the selection of the police officers to be assigned to these functions.
V. 
Police medical care provider.
(1) 
Appointment. The Mayor shall designate a physician or other health care provider to act as police medical care provider. All examinations performed by the police medical care provider as part of its official duties under this subsection shall be at the expense of the Township unless otherwise specified by law.
(2) 
Examination of members and applicants.
(a) 
The police medical care provider shall make a physical examination of each member of the department upon nomination by the Township for promotion to the next higher rank. The medical care provider shall furnish the Township Clerk and the nominee with a written certificate of such examination, setting forth the mental and physical fitness of the nominee to perform adequately the duties of the next higher rank.
(b) 
The police medical care provider shall examine all applicants for appointment to the Division. The medical care provider shall furnish the Township Clerk and the applicant with a certificate of such examination, setting forth the mental and physical fitness of each candidate to perform the varied and rigorous duties of a police officer.
(c) 
Examination of person under arrest. The police medical care provider or, if he is not available, any licensed physician, at the request of the division, shall examine any person under detention or arrest by the division if he is found to be physically injured at the time of detention or arrest. The cost of such required examination shall be borne by the Township.
W. 
Police chaplains.
(1) 
Appointment. The Business Administrator may, if he deems it advisable, submit to the Mayor his recommendation for appointment of a chaplain or chaplains of police for a period not exceeding three years.
(2) 
Compensation. Any appointed chaplain shall receive no compensation.
(3) 
Duties; treatment. A chaplain of police shall visit the sick, injured and dying, and minister to the spiritual welfare of the members of the division. He shall be authorized to visit all division officers and to converse with any member of the division. A chaplain shall be treated by members of the division with the courtesy and respect due to his calling.
X. 
Assignment of police officers to work for private entities.
(1) 
In addition to performing public safety functions on behalf of the Township, a police officer not on his regular duty may be assigned by the Chief or the Chief's designee to perform public safety functions for a private entity (i.e., developers, contractors, utilities, etc.). The performance of such private entity work shall be supervised by the Chief or his designee, notwithstanding that the private entity shall pay the Township for the cost of assigning a police officer to the private entity. Such officer shall be deemed to be on duty, under such circumstances, as an employee of the Township and shall be paid directly by the Township. In no event shall such officer be paid directly by the private entity.
(2) 
In no event shall a police officer be assigned to perform public safety functions for a private entity unless the private entity, prior to such assignment:
(a) 
Enters into an arrangement with the Township;
(b) 
Provides a certificate of insurance acceptable to the Business Administrator;
(c) 
Provides the Township with an estimate of the man-hours the officer(s) will be required for the assignment, date, times, location of the assignment and name and address of the private entity requesting the assignment;
(d) 
Agrees to pay the Township, in advance, an amount equal to the number of hours in the estimate times the hourly rates detailed in the current bargaining agreement between the Township and PBA Local 346, under Article XIV, Special Off-Duty Assignments, and an administrative fee for the Township equal to the number of hours in the estimate times a dollar amount to be determined annually by the Chief Financial Officer.
(e) 
The rate for use of a patrol car, where the use of the patrol car is an integral to the service being provided, shall be determined annually by the Chief Financial Officer.
(3) 
The private entity shall indemnify and hold the Township harmless from any and all claims, judgments, actions, lawsuits, damages, including counsel fees to defend against same that may arise as a result of acts and omissions of the private entity.
(4) 
Upon the determination by the Chief or his designee to make an assignment pursuant to the authority of the within subsection, the Chief or his designee shall for administration purposes submit a written report to the Chief Financial Officer indicating the name of the officer assigned, the date and times, the location of the assignment and the company or person requesting the assignment.
(5) 
In the event the funds initially deposited with the Township are expended and the assignment is not complete, the private entity shall be required to make an estimate to complete the assignment and shall be required to deposit additional funds with the Township. Any monies remaining on deposit with the Township at the completion of the assignment shall be expediently returned to the private entity in accordance with the existing Township policies.
(6) 
This subsection is not intended to change the policies and procedures currently in effect regarding police officers on assignment for Passaic Valley High School or to change policies heretofore adhered to regarding police assistance to charitable or civic organization.

§ 3-7.8 Fire Division.

A. 
Fire Division created. Within the Department of Administration, there is hereby created a Division of Fire, which shall consist of four fire companies with a total of 100 active members to be designated as Rescue Company Number 1 and Engine Companies Nos. 2, 3 and 4, each company with an active membership of not more than 25 members. The division may employ such officers, fire-fighters and other such personnel, subject to the approval of the Mayor and within the limits of available appropriations, to carry out the functions of the division.
B. 
Fire Chief.
(1) 
Position created. The position of Fire Chief is hereby created. The Fire Chief shall head the Division of Fire and serve under the direction and supervision of the Director of the Department.
(2) 
Compensation. The Fire Chief shall receive such compensation for services rendered as is provided in the Salary Ordinance.[1]
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
Appointment and election. The Fire Chief shall be elected in accordance with the provisions set forth in this section.
(4) 
Qualifications. The Fire Chief shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
(5) 
Duties. The Fire Chief shall direct and control the operations of the Fire Division and have the following duties:
(a) 
Prescribe rules and regulations subject to the approval of Mayor and codification by the Township Council.
(b) 
Upon arrival at a fire, enter upon and take charge of any buildings involved or endangered. The Chief's authority while directing the division members at a fire shall be absolute and the Chief shall, when necessary at a fire, order a street to be closed or traffic rerouted and may call upon the Police Division for any assistance required.
(c) 
Control and be responsible for the care and proper operation of the fire apparatus, equipment and fire alarm system, subject to the approval of the Mayor.
(d) 
Requisition from time to time, written orders for any supplies or repairs that may be needed by the Fire Division.
(e) 
Make such recommendations for the betterment of the division as he/she may deem necessary;
(f) 
Report to the Mayor, on an annual basis, the condition of the division, a record of the fires and the attendance at the fires.
(g) 
Have the authority to enter upon, at a reasonable hour, any building used for public purposes or any building or premises where three or more persons are employed for the purpose of inspecting the hazards therein and to become familiar with the interior of the building and the contents thereof, in order to protect the members of the division should they be called upon to enter the building. The Chief shall supervise the local water supply and distribution system as it relates to fire fighting and shall inform the Township Council of the conditions found and make recommendations for improvements and increased efficiency of the system as conditions may require.
(h) 
Have the authority to suspend any member for neglect of duty, improper conduct or disobedience of orders pending a hearing before the Trial Board as hereinafter provided.
(i) 
Certify to the Business Administrator, in writing, the name of any fire-fighter who has not attended the required number of fires or drills during the year and the Clerk shall thereupon notify the member and the Captain of his company, in writing, that the member has been dropped from membership. The member may then request the Trial Board to review the attendance record and for reinstatement of membership.
(6) 
Absence of Fire Chief. In the absence of the Fire Chief, the next highest-ranking officer among the four Assistant Chiefs shall, temporarily or otherwise, perform all of the duties of the Fire Chief. In the absence of the Fire Chief or the Assistant Chiefs, the Deputy Chief shall perform all such duties.
[Added 8-13-2007 by Ord. No. 1023; amended 4-28-2008 by Ord. No. 1036]
C. 
Deputy Chief.
[Added 8-13-2007 by Ord. No. 1023[2]; amended 4-28-2008 by Ord. No. 1036]
(1) 
Position created. The position of Deputy Chief is hereby created effective March 15, 2007, the date when the Fire Department of the Township of Little Falls nominated and elected a Deputy Chief, Edmond Pomponio. The term for said Deputy Chief shall be as set forth in § 3-7.8D(3)(d) hereinafter.
(2) 
Appointment and election. The Deputy Chief shall be elected in accordance with the provisions set forth in this section.
(3) 
Duties. The Deputy Chief, when attending fires, shall obey the directions of the Chief or, if the Chief is not in attendance, then the Assistant Chief. In that event, the Assistant Chief shall be the highest-ranking officer. In the absence of the Chief, the Assistant Chief(s) in attendance shall have all of the powers and duties, as enumerated herein, as the Chief would have if he were present. In the absence of the Chief and Assistant Chief(s), the Deputy Chief shall likewise have all of the powers and duties of the Chief in the absence thereof.
[2]
Editor's Note: This ordinance also repealed former Subsection C, Acting Chief.
D. 
Division officers.
(1) 
Offices created. The executive officers of the Fire Division shall be President, Vice President, Secretary, Treasurer and Sergeant-at-Arms, and the commanding fire officers shall be a Chief and four Assistant Chiefs to be designated as First, Second, Third and Fourth Assistant Chiefs.
(2) 
Compensation. The officers of the division shall receive such compensation for services rendered as the Council may provide.
(3) 
Election of officers.
(a) 
All officers except Chief and Deputy Chief.
[Amended 8-13-2007 by Ord. No. 1023; 4-28-2008 by Ord. No. 1036]
[1] 
At an annual meeting of the members of the Fire Division, which meeting shall be held on the second Thursday of December, all officers of the Fire Division, except the Chief and Deputy Chief, who have the qualifications for office as provided herein shall be elected for a term of one year by the active members of the Fire Division, totaling 100, who are qualified to vote in the election as provided herein.
[2] 
Subject to the provisions of Subsection D(3)(b)[5] of this section, the officers, except the Chief and Deputy Chief, shall hold office for the term of one year from the date of their election at the annual meeting.
(b) 
Chief.
[1] 
In accordance with the provisions of this chapter, the Chief of the Fire Division shall be elected for a term of three years at an annual meeting of the members to be held on the second Thursday of December.
[2] 
Subject to the provisions of Subsection D(3)(b)[5] of this subsection, the Chief shall hold office for a term of three years, which term shall commence on the date of his election at the meeting.
[3] 
In the event of the death, resignation or removal of the Chief, the membership of the Fire Division shall hold a special election on the second Thursday next following the death, or the effective date of the resignation or removal, and elect in accordance with the terms hereof another person to fill the office of the Chief.
[4] 
If the membership of the Fire Division shall fail to hold the special election, then and in that event the Township Council shall, not later than the date of the second regular meeting of the Township Council next following the date fixed for the special election, fill the office by affirmative vote of 2/3 of the members of the Township Council concurring.
[5] 
The elected or appointed person shall hold office from the date of his election or appointment for the then unexpired term of office of the person initially elected to the office at the annual meeting of the second Thursday of December.
(c) 
Assistant Chiefs.
[1] 
Each of the four Assistant Chiefs shall be elected from a different fire company and the fourth Assistant Chief is to be elected from the same fire company of which the Chief of the Fire Division is a member.
[2] 
In the event of the death, resignation or removal of an Assistant Chief, the membership of the Fire Division shall hold a special election on the second Thursday next following the vacancy, and elect in accordance with the terms hereof another person to fill the office of Assistant Chief. The vacancy will be filled by the ratification of the company's choice, with the new Assistant Chief becoming the third Assistant Chief. All of the other Assistant Chiefs except for the fourth assistant would automatically move up the chain of command.
(d) 
Deputy Chief.
[Added 8-13-2007 by Ord. No. 1023; amended 4-28-2008 by Ord. No. 1036]
[1] 
The Deputy Chief shall be elected by the members of the Fire Division for a term of 10 continuous years from the date of that appointment (i.e., March 15, 2007), removable only for cause after charges are brought and a hearing held in accordance with the provisions contained within this section.
[2] 
The Deputy Chief of the Fire Department of Little Falls Township shall be next-in-rank to the lowest Assistant Chief in the Department and shall be elected by the members of the Department for a term of 10 succeeding years, removable only for cause after charges are brought and a hearing held. The provisions of N.J.S.A. 40:46-8[3] shall apply. In the event that the Deputy Chief serves for a period of at least nine years, Deputy Chief Edmond Pomponio shall then have life tenure, removable only for cause, as aforesaid, or upon his retirement or death. Thereafter, the position of Deputy Chief shall be abolished.
[3]
Editor's Note: N.J.S.A. 40:46-8 was repealed by L. 1971, c. 200, effective July 1, 1971.
(4) 
Eligibility.
(a) 
No person shall be eligible to be Chief of the Fire Division who has not served at least three years as an Assistant Chief.
(b) 
No person shall be eligible to be an Assistant Chief of the Fire Division who has not served at least two years as Captain of one of the four fire companies established in the Township.
(c) 
All officers of the Fire Division must be Township residents at the time of election.
(d) 
No person shall be eligible to be a division officer who has not served three years as an active fire fighter.
(5) 
Election under direction of Deputy Township Clerk.
(a) 
The election of all officers of the Fire Division shall be under the direction of the Deputy Township Clerk, and the election shall be by secret written ballot. The Deputy Township Clerk will oversee the casting and collection of ballots as the roll for eligible voters is called by the Secretary of the Fire Division. The Sergeant-at-Arms shall assist the Deputy Township Clerk and the Assistant Chiefs in maintaining an orderly and accurate voting process.
(b) 
No member of the Fire Division shall be eligible to vote unless they have served at least six months as an active member of the division.
(c) 
There will be no absentee ballots except for the fire alarm operator on duty, whose vote shall be taken and received by the Deputy Township Clerk. The fire alarm operator shall have a vote at all meetings and on all issues; this vote will be relayed to the President via telephone.
(6) 
Rejection by Township Council.
(a) 
The Township Council may, at a regular meeting thereof, by the affirmative vote of 2/3 of the members concurring, reject any person who has been elected Chief or Assistant Chief. The reasons for rejection shall be stated fully and publicly by the Township official minutes of the meeting. Unless the Council shall reject the officer as provided herein at the regular meeting of the Township Council next following the date of election of the officer, the officer shall be deemed acceptable to the Township Council.
(b) 
In the event of rejection of the officer as provided herein, the membership of the Fire Division shall hold a special election on the second Thursday next following the date of the rejection by the Township Council, and shall elect in accordance with the terms hereof another person to fill the office of the persons rejected by the Township Council. If the membership of the Fire Division shall fail to hold the special election, then, and in that event, the Township Council shall, no later than the date of the second regular meeting of the Township Council next following the date fixed for the special election, fill the office from the date of his election or appointment for the then unexpired term of office of the person initially elected to the office at the annual meeting on the second Thursday of December.
(7) 
Board of Fire Officers.
(a) 
Composition. The Chief, Deputy Chief Edmond Pomponio and the four Assistants shall constitute a Board of Fire Officers which shall meet at the call of the Chief at least once in each quarter to suggest plans for the better efficiency of the division. If an Assistant Chief is unable to attend a meeting of the Board, the Captain of the respective Company shall attend as a substitute.
[Amended 4-28-2008 by Ord. No. 1036]
(b) 
Presiding officer. The Chief shall be the presiding officer and designate one of its members to act as Secretary and keep minutes of the meetings.
(c) 
Duties and responsibilities. The Board of Fire Officers shall decide matters affecting the welfare and morale of the division personnel, such as insurance coverage, eligibility for exemption, physical examinations for new members, attendance at fires, and general welfare and shall supervise a yearly inventory of division-owned apparatus and equipment.
E. 
Company commanding officers.
(1) 
Election of officers. On or before the second Thursday in December in each year, each fire company shall elect an Assistant Chief, Captain, First Lieutenant and Second Lieutenant, all of which must be residents of the Township of Little Falls at the time of the election, and report the result of the election to the Chief within five days thereafter.
(2) 
Duties of Captain.
(a) 
The Captain of each company shall have charge of the company apparatus and equipment under the direction of the Chief and shall keep records of fires, drills, and attendance thereat and furnish the Chief with a copy on or before the 15th of the following month.
(b) 
The Captain shall in November of each year furnish the Chief with an inventory of all apparatus and equipment assigned to the respective company by the Township and a separate report of company-owned equipment used by the Division.
(3) 
Duties of Lieutenant. The Lieutenants shall assist the Captain and in the Captain's absence assume the duties of the Captain.
F. 
Membership.
(1) 
Composition. The active members of the division shall be the active members of the four companies, each of which may admit new members according to its bylaws, to the extent that the bylaws do not conflict with this section.
(2) 
Compensation. The members of the several companies and the fire alarms operators shall receive such compensation for services rendered as the Township Council may provide.
(3) 
Eligibility and qualifications.
(a) 
All applicants for membership shall be between the age of 18 and the state maximum permitted age and be a resident of the Township or an immediately bordering municipality.
(b) 
Each applicant shall file a written application in duplicate on a form to be provided by the division, one copy of which shall be filed with the Township Clerk who shall cause the same to be entered in a book to be designated as Register of Members of the Little Falls Fire Division.
(c) 
Each application shall be accompanied by a certificate from the health care provider appointed annually by Township resolution certifying that he has examined the applicant and is of the opinion that the applicant is physically fit to perform the duties of a fire fighter.
(d) 
All applicants must pass a divisional proficiency test as determined by the Board of Fire Officers before they may be eligible for membership.
(e) 
All members must comply with divisional training requirements established by the Board of Fire Officers.
(f) 
To remain a member of the Fire Division, a member shall be in good standing in the particular fire company to which the member belongs.
(g) 
No member who resigns or is expelled from a particular company shall join another unless approved by the Board of Fire Officers.
(h) 
No member shall be permitted to transfer from one company to another unless the transfer shall be acceptable to both companies involved and be approved by the Chief of the Division.
(4) 
Duties.
(a) 
Each active firefighter shall be required to perform 60% of duty each year, which 60% shall consist of actually attending and performing work at 1/3 of the fires during the year; actually performing required evolutions at least 1/2 of the drills called by the Chief during the year, the number of required drills not to exceed 20; and the performance of such house duty, including the care of hose, apparatus, equipment and other property as may be assigned by the Captain of the member's company. Each firefighter who shall fail to perform the amount of duty shall be automatically dropped from membership in the department at the end of the year; provided, however, that illness or leave of absence granted by the Chief shall be considered a sufficient excuse from full performance.
(b) 
Upon an alarm of fire, it shall be the duty of the members of the division to report immediately to their respective firehouses and convey their apparatus to the place of the fire or report to the fire if the apparatus has already left, and perform any duty that may be required of them. They shall remain on duty until relieved by order of the Chief or Acting Chief in charge.
(5) 
Auxiliary firefighters. A Firefighter's Auxiliary to the Fire Division is hereby established, which shall be subject to the following provisions:
[Added 8-13-2007 by Ord. No. 1023; amended 4-28-2008 by Ord. No. 1036]
(a) 
Each auxiliary firefighter shall be at least 18 years old and assigned to one of the four fire companies in the Township.
(b) 
Auxiliary firefighters shall have no voting powers nor hold any offices within the Fire Division.
(c) 
The status and assignment of auxiliary firefighters shall be under the control of the applicable fire company Captains and Chief.
(d) 
Auxiliary firefighters will have no seniority and will have no line number in the Fire Division.
(e) 
Auxiliary firefighters shall provide fire service activities at a fire scene or a drill based upon their level of ability, training and experience pursuant to the direction of the Board of Fire Officers.
(f) 
Any auxiliary firefighter who wishes to move to active membership must complete all requirements established by the applicable fire company bylaws and Fire Division bylaws.
G. 
Duties of Fire Division. The Fire Division, subject to the direction and supervision of the Fire Chief, shall:
(1) 
Have exclusive jurisdiction over the control, fighting and extinguishment of any conflagration which occurs within the Township limits.
(2) 
Make, administer and enforce rules and regulations for the control, disposition and discipline of its membership, officers and employees and, within the limits of available appropriations, for the establishment and maintenance of fire stations and the disposition, use and care of its equipment and apparatus.
(3) 
Upon arrival at a fire, enter upon and take charge of any buildings involved or endangered.
(4) 
Control and be responsible for the care and proper operation of the fire apparatus, equipment and fire alarm system, subject to the approval of the Mayor.
(5) 
Designate and fix the location of fire alarm telegraph and signal stations in the Township, and operate, repair and maintain a Township fire alarm system.
(6) 
Investigate the cause, circumstances and origin of fires and report to the Township Police Division and to the Passaic County Prosecutor every case of suspicion of arson.
(7) 
Operate a training program to maintain and improve the fire-fighting efficiency of the members of the Fire Division.
(8) 
Requisition from time to time, written orders for any supplies or repairs that it may require.
(9) 
Report to the Mayor, on an annual basis, the condition of the division, a record of the fires and the attendance at the fires.
(10) 
Have the authority to enter upon, at a reasonable hour, any building used for public purposes or any building or premises where three or more persons are employed for the purpose of inspecting the hazards therein and to become familiar with the interior of the building and the contents thereof, in order to protect the members of the division should they be called upon to enter the building. The Chief shall supervise the local water supply and distribution system as it relates to fire fighting and shall inform the Township Council of the conditions found and make recommendations for improvements and increased efficiency of the system as conditions may require.
(11) 
Have the authority to suspend any member for neglect of duty, improper conduct or disobedience of orders pending a hearing before the Trial Board as hereinafter provided.
(12) 
Certify to the Business Administrator, in writing, the name of any fire fighter who has not attended the required number of fires or drills during the year, and the Clerk shall thereupon notify the member and the Captain of his company, in writing, that the member has been dropped from membership. The member may then request the Trial Board to review the attendance record and for reinstatement of membership.
H. 
Exempt certificates. Each member of the division who has performed not less than 60% of required duty for seven years shall be entitled to a certificate thereof, signed by the Mayor, the Township Clerk and the Fire Chief and shall be entitled to wear such badge as shall be designated by the Mayor and shall be considered an exempt member of the Fire Division.
I. 
Fire alarm system. The fire alarm system and all things appertaining thereto shall be under the supervision of a qualified person, preferably a member of the division, whose qualifications shall be reviewed by the Chief and final determination as to whose appointment shall be made by the Mayor; and who shall be known as Supervisor of Fire Alarm.
J. 
Trial Board.
(1) 
Trial Board created. A Trial Board is hereby created in the Fire Division.
(2) 
Composition. The Trial Board shall consist of the Mayor, Business Administrator and the Assistant Chiefs of the Fire Division.
(3) 
Chairperson. The Chairperson of the Trial Board shall be the Mayor, without voting power except in the case of a tie vote.
(4) 
Jurisdiction. Each officer or fire fighter suspended by the Chief shall be tried by the Trial Board and, if found guilty, shall be subject to further suspension or to dismissal from the division.
(5) 
Recusal of Trial Board members. In the event that one of the Assistant Chiefs is to be tried, or whenever an Assistant Chief is unable to attend a meeting of the Trial Board, the Captain of the respective company shall sit and act in the Assistant Chief's place. If charges are preferred against the Chief, the Chief shall be tried before the Trial Board and, if found guilty, the Chief shall be subject to removal or to such other penalty as the Township Council may, by resolution, prescribe.
K. 
Interference with division. No person shall interfere with, impede or delay any fire apparatus in any manner, nor willfully drive or cause any vehicle to be driven over any hose, or other fire apparatus or equipment, nor in any manner willfully damage, deface or injure any apparatus, hose or equipment, nor give or cause to be given any false alarm of fire, nor meddle with, injure or destroy any of the property belonging to the Fire Division or any fire company.
L. 
Removal of fire apparatus from the Township. No fire apparatus shall be taken outside of the limits of the Township for fire or emergency duty without order of the Chief or Acting Chief, nor for any other purpose unless permission be first obtained from the Business Administrator.
M. 
Fire areas.
(1) 
Establishment. The Fire Chief is authorized to establish fire areas to regulate traffic and parking in shopping centers.
(2) 
Signs. Upon the establishment of the fire areas by the Fire Chief, the owners of the affected shopping centers shall place appropriate signs and shall appropriately mark the areas designated as fire areas.
(3) 
Penalty. Any person parking in a designated fire area shall, upon conviction, be liable to the penalty established in Chapter I, § 1-5.
N. 
Junior Firefighter's Auxiliary. A Junior Firefighter's Auxiliary to the Fire Division shall be subject to the following provisions:
[Amended 8-13-2007 by Ord. No. 1023; 4-28-2008 by Ord. No. 1036]
(1) 
Each junior firefighter shall be at least 16 years old, but not more than 18 years old, and assigned to one of the four fire companies in the Township.
(2) 
Junior firefighters shall have no voting powers nor hold any offices in the Fire Division.
(3) 
The use of junior firefighters for any task within the Fire Division shall be governed by the applicable state laws, regulations and/or guidelines.
(4) 
Junior firefighters shall be under the control and direction of the fire company Captains and Chief.
(5) 
Applicants must be residents of the Township, complete the standard application form and have a medical examination completed by the Township.
(6) 
Each junior firefighter, while enrolled in school or college, must provide his or her report card to his or her fire company Chief and/or Captain indicating that he or she has maintained a "C" average. In the event the grade average of said Junior Firefighter falls below a "C," the junior firefighter will be subject to dismissal after evaluation by the Board of Fire Officers, who shall have final authority as to the dismissal of said junior firefighter.
(7) 
Any activities undertaken by a junior firefighter shall be governed by the laws of the State of New Jersey, including, without limitation, the New Jersey Department of Labor Workers Compensation Law, New Jersey Child Labor Laws, New Jersey PEOSHA 12:100 and those state laws governing the establishment of a Junior Firemen's Auxiliary, eligibility for membership, and rules and regulations governing activities of a Junior Firemen's Auxiliary (N.J.S.A. 40A:14-95 through N.J.S.A. 40A:14-98).
(8) 
Junior firefighter activities and participation shall be governed by the applicable Township of Little Falls Fire Division volunteer firefighter rescue; relief or ambulance volunteer policy.
(9) 
The Fire Division shall provide the junior firefighter with personal protective equipment meeting the current New Jersey PEOSHA requirements promulgated under N.J.A.C. 12:100-10, standards for firefighters.
(10) 
Junior firefighters may respond to alarms only under direct supervision and be permitted to assist in Fire Division operations. They shall not be permitted to drive any fire apparatus.
(11) 
Junior firefighters shall not engage in interior structural firefighting nor any hazardous material incident operations. They shall not be exposed to an emergency environment where self-contained breathing apparatus may be required. For purposes of this subsection, an emergency environment where self-contained breathing apparatus may be required shall include, but not be limited to: heat, toxic gases, smoke, interior structural firefighting, hazardous material incidents, confined space or below grade operations, oxygen-deficient atmospheres, and/or other products of combustion.
(12) 
Junior firefighters shall not be permitted to operate certain equipment, including but not limited to the following: jaws of life, chain saws, vent saws, come-along fire extinguishers and air chisels. Junior firefighters may operate the following equipment: porta power, flares, oxygen, suction unit or seatbelt cutters.
(13) 
Training provided to junior firefighters shall meet the Uniform Fire Code and State of New Jersey Standards for Fire Training and Certification promulgated under N.J.A.C. 5:18C.
(14) 
Junior firefighters shall not be permitted to carry and/or operate blue warning lights.
O. 
Fire Prevention Bureau. The Fire Prevention Bureau, as heretofore established by ordinance pursuant to general law, is hereby continued.
P. 
Emergency Services Volunteer Defined Contribution Program.
(1) 
A defined contribution program known as a Length of Service Award Program (LOSAP) is hereby established pursuant to N.J.S.A. 40A: 14-183 et seq. for the benefit of the active volunteer members of the emergency services organization operating under the Township's jurisdiction, which is the Township of Little Falls Volunteer Fire Division.
(2) 
The program shall provide for annual contributions to a deferred income account for each active volunteer member of the aforesaid emergencys services organization that meets the criteria set forth below, such contributions being made in accordance with the plan established by the Township of Little Falls pursuant to N.J.S.A. 40A:14-183 et seq., such plan being administered in accordance with the laws of the State of New Jersey, this subsection and any applicable rules of the Internal Revenue Service. The Township Council shall sponsor a responsible fiduciary for the administration of said plan and the investment and accounting for the funds maintained hereunder.
(3) 
The proposed estimated total amount to be budgeted for the program shall be $115,000, based upon a maximum of 100 qualifying volunteers.
(4) 
The proposed maximum annual Township contribution for an active volunteer shall be $1,150.
Subject to the adoption of the within program, the maximum annual contribution may be increased from time to time by application of the consumer price index factor as provided by the state and upon the approval of the Director of the Division of Local Government Services.
(5) 
An active volunteer member shall be eligible to participate in the Length of Service Award Program immediately upon the commencement of the active volunteer member's performance of active emergency services in the Township's emergency services organization. Members who have served for a year or part of a year and have earned sufficient points to gain a monetary reward to their deferred income account shall be considered to have vesting rights from that time forward for all LOSAP contributions. Vested members shall be able to withdraw the deposited funds at any time in accordance with current IRS rules, New Jersey state laws and applicable rules established by the plan's fiduciary administrator. In the event of the death of a volunteer member who is vested, contributions made to the member's account shall be distributed to the member's immediate family in accordance with current IRS rules and New Jersey state laws.
(6) 
A year of active emergency service commencing after the establishment of the program should be credited for each calendar year in which an active volunteer member accumulates at least 30 points that are granted in accordance with the following schedules. Annual contributions shall be made to each eligible member in accordance with the following schedules.
(a) 
Point system: Sixty-point annual goal for maximum contribution points may be earned as either all fire call points or a combination of fire call points and activity points. No more than 24 activity points shall be earned annually. Fire calls earn 0.3 points each.
Fire Calls
Earned Points
50
15
100
30
150
45
60
(b) 
Annual twenty-four point maximum for activities as detailed below:
Activities
Points Per
Max Yearly Points
Companies drill
1
12
Division drills
2
8
Division meetings
1
4
Engineer certification*
5
5
Truck certification*
5
5
Firematic training
5
10
Memorial Day parade
5
5
Line and Company officer**
15
15
Company admin. officer**
15
15
Dept. admin. officer**
15
15
EMT training***
20
12
*
Members must qualify every year.
**
Member can only get credit for one position a year and must serve eight months in a calendar year.
***
Member can only get credit in year certification was obtained.
(c) 
Additional activity points shall be credited for accumulated years with the Little Falls Fire Division as follows:
Years
Points
1 to 5
1
6 to 10
3
11 to 15
6
16 to 20
10
(d) 
Percentage of maximum annual contributions to be paid based upon points accumulated annually.
Points Accumulated Annually
% of Maximum Annual Contribution to be Paid
60 or more
100%
50 to 59
75%
40 to 49
50%
30 to 39
25%
Less than 30 points
0%
(7) 
The crediting of prior years' service shall be solely in accordance with the above schedule. The determination of number of years' credit for each participant shall be made in accordance with the provisions of the state statutes. In no event shall the total amount exceed the maximum amount allowed by law.
(8) 
In computing credit for those active volunteer members who also serve as paid employees within the local government unit of the state, credit shall not be given for activities performed during the individual's regularly assigned work periods.
(9) 
The participating emergency services organization shall maintain all required records on forms prescribed by the requirements of the service award program and shall comply with all statutory provisions concerning the Length of Service Award Program. Each year the participating emergency services organization shall furnish to the Township Clerk an annual certification list, certified under oath, of all volunteer members, which shall identify those active volunteer members who have qualified for credit under the award program for the previous year. A volunteer member may request in writing that the member's name be deleted from the lists as participant in the program in accordance with state statute. The Township shall review the annual certification list and approve the final annual certification. The approved list of active certified volunteer members shall then be returned to each participating emergency services organization and posted for at least 30 days for review by members. The emergency services organization shall provide any information concerning the annual certification list that the Township shall require as part of its review.
(10) 
All records shall be maintained, updated and submitted on a monthly basis, by the emergency services organization, to the Chief Financial Officer of the Township.

§ 3-7.8.1 Emergency Medical Service.

[Added 10-19-2015 by Ord. No. 1230]
A. 
Establishment and organization; definitions.
(1) 
Township of Little Falls Emergency Medical Service. The Township of Little Falls Emergency Medical Service is hereby created and established.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AUTHORITY
The right to issue orders, give commands, enforce obedience, initiate actions, and make necessary decisions commensurate with rank or assignments as provided for in the Emergency Medical Service rules, policies and procedures. Authority may be delegated by those designated. Acts performed without proper authority or authorization shall be considered to be in violation of the rules.
CHAIN OF COMMAND
Vertical lines of communication, authority and responsibility within the organizational structure of the Emergency Medical Service. The Little Falls Emergency Medical Service shall fall under the direct supervision and the responsibility of the Chief of the Little Falls Fire Department.
DIRECTIVE
A document detailing the performance of a specific activity or method of operation. "Directive" includes:
(a) 
Broadly based directive dealing with policy and procedure and affecting one or more organizational subdivisions of the Emergency Medical Service.
(b) 
A directive initiating and announcing a change in the assignment, rank, or status of personnel.
(c) 
A directive dealing with a specific circumstance or event that is usually self-canceling.
EMERGENCY MEDICAL SERVICE
Herein to be known as the "Little Falls Emergency Medical Service (EMS)."
EMERGENCY MEDICAL SERVICES
Any service, including transportation provided by the Emergency Medical Service, to a potentially ill or injured person in response to a call for service.
EMPLOYEE/MEMBER
A person who performs in the capacity of an emergency medical technician not more than 24 hours per week.
MAY/SHOULD
The action indicated is permitted.
MEDICAL DIRECTOR
Within Emergency Medical Services a physician who provides guidance, leadership, oversight and quality assurance for the practice of local paramedics and EMTs within a predefined area. In North America, medical directors are typically board-certified in emergency medicine.
ORDER
Any written or oral directive issued by a supervisor to any subordinate or group of subordinates in the course of duty.
PATIENT
Any person who receives emergency medical services from the Emergency Medical Service.
POLICY
A statement of emergency medical service principles that provides the basis for the development of procedures and directives.
PROCEDURE
A written statement providing specific direction for performing Emergency Medical Service activities. Procedures are implemented through policies and directives.
SHALL/WILL
The action indicated is mandatory.
SUPERVISOR
Employee assigned to a position requiring the exercise of immediate supervision over the activities of other employees.
THIRD-PARTY BILLING AGENCY
A business entity engaged by the Township of Little Falls for the purpose of effecting the billing of patients and collecting payments therefrom, which payment shall be remitted to the Township of Little Falls.
(3) 
Division created. Within the Department of Administration there is hereby created a Division of Emergency Medical Service.
(a) 
Chief of the Division of Emergency Medical Services.
[1] 
Position created. The position of Chief of the Fire Department will also function as the Chief the Division of Emergency Medical Service and serve under the direction and supervision of the Township Administrator and the Medical Director.
[2] 
Compensation. The Chief of the Fire Department shall receive no compensation for this position.
(b) 
Medical Director.
[1] 
Position created. The position of Medical Director will provide guidance, leadership, oversight and quality assurance for the practice of local paramedics and EMTs within the Township of Little Falls. The Medical Director shall be board-certified in emergency medicine and serve under the direction and supervision of the Township Administrator.
[2] 
Appointment. The Medical Director shall be appointed by the Mayor.
(c) 
Membership; officers and uniformed force; Table of Organization. The Little Falls Emergency Medical Service shall consist of an EMS Coordinator and as many other EMT members as are or may be appointed and approved by the Chief of the Little Falls Fire Department with authority of the Mayor. Officers must hold a valid NJ or National EMT certification and be residents of the Township or an immediate bordering municipality.
(4) 
Ownership of assets; expenses; operating costs. All Emergency Medical Service vehicles currently owned or purchased by the Township of Little Falls will remain the property of the Township of Little Falls (ref Ambulance Unit No. 843,842). All expenses and costs for proper maintenance and operation of the Emergency Medical Service vehicles and equipment shall be funded through revenue generated by the Township of Little Falls EMS services.
(5) 
Qualifications for employees. No person shall be eligible to become an employee of the Little Falls Emergency Medical Service unless such person possesses and provides proof of the following qualifications:
(a) 
All applicants for membership shall be between the ages of 18 and the state maximum permitted age and be a resident of the Township or an immediately bordering municipality.
(b) 
Be physically fit to perform the duties of an emergency medical technician. The applicant shall submit to a medical evaluation by a licensed physician designated by the Township.
(c) 
Be subject to a criminal background check and have no prior convictions for any offense or crime.
(d) 
Be subject to a motor vehicle background check with no prior record of careless or reckless driving, driving under the influence of drugs or alcohol or any other serious moving violation.
(e) 
Be subject to pre-employment and random drug testing.
(f) 
Be a certified emergency medical technician of the State of New Jersey or National Certification. Any lapse in certification will be cause for immediate suspension of duties. Reinstatement will only occur upon reinstatement of certification.
(g) 
Possess a valid New Jersey driver's license.
(6) 
Application and approval for employment.
(a) 
Paid employees shall comply with and follow the Township of Little Falls Personnel Policy Manual and make application to the Township as directed by said manual. Appointments as employees will follow the provisions of the Optional Municipal Charter Law N.J.S.A. 40:69A-1 et seq.
(b) 
Volunteer members shall be appointed in the same fashion as all volunteer members in the Little Falls Fire Department, except that EMS volunteers need not be Fire Fighter 1 certified; they need only hold an emergency medical technician certification of the State of New Jersey or national certification.
(c) 
Volunteer trainees shall be appointed in the same fashion as all volunteer members in the Little Falls Fire Department. They will have 18 months to obtain their certification as an EMT and become a volunteer member.
(7) 
Membership roll; identification.
(a) 
The names of the members and trainees shall be written upon the membership roll maintained by the Township Clerk.
(b) 
A member and trainees shall be issued a photo identification card as evidence of membership. This photo identification card shall be surrendered to the EMS Coordinator when demanded or whenever a member has been formally suspended from the Emergency Medical Service or when the member shall cease to be a member of the Emergency Medical Service.
(8) 
Classes of membership/employee. Members shall be divided into two major classifications.
(a) 
Per diem member/employee is defined as a member/employee who is compensated at an hourly rate for his/her service in the Emergency Medical Service.
(b) 
Volunteer member is any qualified person who meets the criteria of a per diem member but is not compensated in any way for his or her time or expenses.
(9) 
Compensation.
(a) 
Per diem members may work a maximum of 28 hours per week. This may be exceeded only when a life-threatening incident requires a recall of personnel or during a declared state of local emergency.
(b) 
Per diem members shall be compensated at a rate established by the Mayor and included as part of the yearly salary ordinance established and approved by the Township Council.
(c) 
Any per diem officer or member who is appointed to serve as a crew chief on the ambulance for a period of 30 days or more and acting in the capacity of Crew Chief will be compensated at the established rate for that position.
(d) 
All members shall be covered by worker's compensation insurance and group life insurance. In the event of a line of duty death, the Township shall insure that all applications are processed and procedures are followed for any eligible state or federal benefits.
(e) 
Per diem members may be required to contribute a portion of their wages to the Public Employees Retirement System (PERS). Employer costs for PERS pension shall be funded through the medical billing revenues.
(10) 
Emergency Medical Service composition. The active roster of the Emergency Medical Service shall be comprised of 25 per diem EMTs necessary to maintain the operations of the Emergency Medical Services. The EMS Coordinator is in addition to the roster of 25 persons.
(11) 
Disbandment of Emergency Medical Service. The Emergency Medical Service may be disbanded in the following manner: Should the Mayor consider at any time that the interests of the Township will be best served by the disbandment of the service, either for neglect of duty or disobedience of orders, or for any other cause, or in the interest of the economic well-being of the Township, the Mayor may do so at any regular meeting by requesting a resolution to disband with a majority vote of the full membership of the Council and 120 days' notice being given to the Chief of the Fire Department, EMS Coordinator, and Medical Director. At the end of the 120 days' time the Division will be disbanded.
B. 
Executive Board.
(1) 
Composition of Board; control of the Emergency Medical Service.
(a) 
The Chief of the Fire Department, the EMS Coordinator, the Medical Director, and the Mayor or his designee, shall constitute the Executive Board. The Board shall meet quarterly or more frequently as needed for the transaction of Emergency Medical Service business.
(b) 
The Board shall coordinate with the Chief of the Fire Department in the management of the Emergency Medical Service whenever matters pertain to emergency medical services as set forth in the rules and regulations of the Emergency Medical Service.
(2) 
Adoption of rules and regulations.
(a) 
The Executive Board is hereby authorized, empowered and required when necessary to adopt rules and regulations for the control, management and government of the Emergency Medical Service. These rules and regulations, after adoption by the Executive Board, shall not become effective and operative until presented and approved by the Chief of the Fire Department, Medical Director and authorized by the Mayor.
(b) 
Application. These rules are applicable to all members of the Emergency Medical Service.
(c) 
Distribution. One copy of these rules shall be distributed to each member of the Emergency Medical Service. Each member will be required to sign to confirm receipt of the document.
(d) 
Responsibility for maintenance. It is the continuing responsibility of each member to maintain a current copy of the rules, including additions, revisions, and amendments as issued.
(e) 
Familiarization. Members shall thoroughly familiarize themselves with the provisions of the rules. Ignorance of any provision of these rules will not be a defense to a charge of a violation of these rules. It is the continuing responsibility of each member to seek clarification through the chain of command for any rule that is not fully understood.
(3) 
Chief of the Little Falls Fire Department. The Chief of the Fire Department will also function as the head the Division of Emergency Medical Service. Pursuant to municipal ordinance, the Chief shall be the head of the Emergency Medical Service and shall be directly responsible to the Township Administrator for the efficiency and day-to-day operations of the Emergency Medical Service. Pursuant to policies established by the Executive Board, the Chief shall:
(a) 
Administer and enforce the rules and regulations of the Emergency Medical Service and any special emergency directives for the disposition and discipline of the Service and its members and officers;
(b) 
Have, exercise and discharge the functions, powers and duties of the Emergency Medical Service.
(c) 
Prescribe the duties and assignments of all members and officers;
(d) 
Delegate such authority as may be deemed necessary for the efficient operation of the Emergency Medical Service to be exercised under the direction and control of the Chief.
(e) 
Report at least monthly to the Township Administrator in such form as shall be prescribed on the operation of the Emergency Medical Service during the preceding month and make such other reports as may be requested by the appropriate authority.
(f) 
Prepare and submit the annual budget and proposed expenditure programs to the appropriate authority or other designated officials.
(g) 
Allocate funds within the budget which are appropriated by the governing body.
(4) 
Responsibilities of the Executive Board. The responsibilities of the Executive Board are, subject to the approval and oversight of the Mayor, as follows:
(a) 
Maintain the efficient operation of the Emergency Medical Service.
(b) 
Organize, control and maintain all property and resources of the EMS.
(c) 
Develop and implement policies and procedures necessary to govern and direct the day-to-day operations of the EMS.
(d) 
Provide for the proper training of all members.
(e) 
Maintain the overall discipline of the Division of Emergency Medical Service.
(f) 
Maintain a constructive relationship with the public, community organizations, the media and other agencies.
(5) 
Appointment of an EMS Program Coordinator. The Mayor shall appoint an EMS Program Coordinator. He/she shall be a part-time Township employee and be designated as a Division Manager of the Emergency Medical Service Program.
(a) 
Qualifications.
[1] 
The applicant shall.
[a] 
Be not less than 18 years of age.
[b] 
Be subject to a criminal and motor vehicle background check.
[c] 
Possess a valid New Jersey driver's license.
[d] 
Possess knowledge of emergency medical care and the process and procedures of emergency medical services. Be a certified emergency medical technician of the State of New Jersey or national certification.
[e] 
Possess knowledge in computers and common programs, including Microsoft Word and Excel.
[f] 
Be available to manage absences and other problems involving shift schedules.
[2] 
The applicant is not required to be a member of the Emergency Medical Service or a member of the Little Falls Fire Department; however, preference should be given to a member who meets the qualifications.
(b) 
Responsibilities.
[1] 
The EMS Program Coordinator's responsibilities are to:
[a] 
Maintain the staffing schedule of the Emergency Medical Service ensuring that all shifts are fully staffed without exception.
[b] 
Maintain a roster of all members with their availability to cover regular shifts and shifts that must be staffed due to sickness, vacations, and other absences.
[c] 
Maintain a call out roster of those members available to respond to general calls.
[d] 
Collect, review, and forward all run sheets and forward them to the authorized billing agency.
[e] 
Collect and forward to appropriate officials all personnel and training records as prescribed in the rules and regulations.
[f] 
Collect, review, and forward all time sheets to the Township for payroll processing.
[g] 
Perform any and all other functions necessary to ensure that shifts are staffed and information is provided to the billing agent.
[2] 
The EMS Program Coordinator will be an employee subject to all requirements, allowances and regulations of such employee set forth in the Township Personnel Policy Manual and Township Code.
[3] 
The appointee shall serve a probationary period of six months.
[4] 
The EMS Program Coordinator will submit a monthly activity report to the Chief of the Fire Department. The Chief will include this report in his/her monthly report to the Mayor.
[5] 
The EMS Coordinator shall coordinate the activities of all volunteer members assigned to the Division of Emergency Medical Service, in all aspects of training, service and assignments with Township BLS units.
(c) 
Compensation. The EMS Program Coordinator will be compensated at a yearly rate established by the Mayor.
(6) 
Records maintained. The EMS Coordinator shall see that timely and accurate records are kept of all responses for calls for service, training, attendance, certifications, and any other records required by the state, Township, or other authorized agency.
C. 
Appointment of Crew Chiefs. Members who meet the qualifications for the position of EMS Crew Chief may submit their names for consideration. These names shall be presented to the Executive Board for review. The Executive Board will review the qualifications of all interested members. The Executive Board may conduct interviews to establish facts such as available time and management skills. The Executive Board shall make recommendations to the Mayor. The Mayor will appoint the EMS Crew Chiefs.
D. 
Command of Emergency Medical Service.
(1) 
General supervision of Emergency Medical Service. The Chief of the Fire Department shall have the general supervision of the Service, in conjunction with the Medical Director. Said general supervision by the Chief shall not conflict with such rules and regulations for the government and management of the Emergency Medical Service. The Chief shall coordinate with the Township Administrator in the daily operations and management of the Emergency Medical Service.
(2) 
Command at calls for service.
(a) 
In all cases of calls for service, the Chief shall have full power and absolute command and control under authority of this chapter.
(b) 
When the Chief is absent from the call for service, the highest ranking line officer shall assume the duties of command until relieved by a higher ranking officer under authority of this chapter.
(c) 
When all officers are absent from the call for service. The on-duty Crew Chief shall assume the duties of command.
(3) 
Monthly report by Chief. The Chief shall report monthly to the Mayor, including the number of calls for service for the month, the condition of apparatus and equipment, personnel status and any other business passed by the Executive Board.
E. 
Service and conduct.
(1) 
Response to calls for service. The on-duty crew members shall respond immediately to the call for service, unless otherwise directed by the officer in charge.
(2) 
Training and drills. The Chief or his/her designee shall maintain a schedule of training and drills and shall activate the Emergency Medical Service for drills or training when and where it becomes necessary. These training sessions may include any and all mandated training courses as set forth in the rules and regulations of the Emergency Medical Service and any elective training sessions as the Executive Board may deem necessary or beneficial. Members will not be compensated for the time required to maintain required certifications. The Township will pay any fees or costs for the training that is not covered by the state or other agencies.
(3) 
Record of calls for service and training exercises. The EMS Program Coordinator shall keep a permanent record of the duty time and attendance at training sessions of each active member of the Emergency Medical Service.
(4) 
Authorized drivers.
(a) 
Any member of the Emergency Medical Service who drives any Township vehicle must complete the required driver training as set forth in the rules and regulations of the Emergency Medical Service. Members of other Township agencies shall be permitted to operate an ambulance if they have completed the adequate driver training course; however they will only be permitted to drive as long as the proper minimum requirements are maintained for proper staffing of an ambulance.
(b) 
All drivers are subject to an annual driver's license abstract check to be conducted by the Township of Little Falls.
(5) 
Request for repairs or supplies. All requests for repairs or supplies for the Emergency Medical Service shall be presented to the Chief for approval. Purchases shall be made in accordance with applicable state and municipal regulations.
(6) 
Unauthorized repairs; emergencies. No member of the Emergency Medical Service shall be permitted to tamper with, fix or repair any apparatus unless directed to do so by the Chief or line officer, and then only in the case of an emergency.
(7) 
Rules of conduct; general conduct.
(a) 
Performance of duty. All members shall promptly perform their duties as required or directed by law, Emergency Medical Service rules, policy or directive and by lawful order of a supervisor.
(b) 
Obedience to laws and rules. Members shall obey all laws, ordinances, rules, policies, procedures and directives of the Emergency Medical Service.
(c) 
Reporting violations of laws and rules. Members knowing of other members violating laws, ordinances or rules of the Emergency Medical Service shall report same in writing to the Chief.
(d) 
Insubordination. Members shall not:
[1] 
Fail or refuse to obey a lawful and reasonable order given by a supervisor.
[2] 
Use any disrespectful or abusive language or action towards a supervisor or designated Crew Chief.
(e) 
Conduct toward other department employees. Members shall treat other Emergency Medical Service members with respect. They shall be courteous and civil at all times in their relationships with one another. When on duty and in the presence of the public, officers should be referred to by rank.
(f) 
Fitness for duty. Personnel shall maintain sufficient physical and psychological condition in order to handle the variety of activities required of an emergency medical technician.
(g) 
Driver's license. Members operating Township motor vehicles shall possess a valid United States driver's license. Whenever a driver's license is revoked, suspended or lost, the member shall immediately notify the appropriate supervisor, giving full particulars.
(h) 
Address and telephone numbers. Members are required to have a telephone or other method of twenty-four-hour contact. Changes in address or telephone number shall be reported in writing to the appropriate supervisor within 24 hours of the change.
(8) 
Alcoholic beverages and drugs. The Township of Little Falls recognizes that the possession or use of unlawful drugs and the abuse of alcohol pose a threat to the health and safety of all employees. Any employee who is observed by a Supervisor to be intoxicated or under the influence of alcohol or drugs during working hours or is under the reasonable suspicion of same shall be immediately tested and is subject to discipline up to and including termination. The Division Head will immediately report any reasonable suspicions to the Township Administrator.
(9) 
Judicial appearance and testimony regarding EMS matters.
(a) 
Members shall not volunteer to testify in actions arising out of Emergency Medical Service employment and shall not testify unless subpoenaed. If the subpoena arises out of Township employment or if members are informed that they are a party to a civil action arising out of Township employment, they shall immediately notify the appropriate supervisor and shall consult with the Chief and the Township Administrator before responding to any such subpoena, giving a deposition, or signing any affidavit.
(b) 
Court appearance. When appearing in court on Emergency Medical Service business, members shall wear either the Emergency Medical Service uniform or appropriate business attire.
(c) 
Department investigations. Members are required to answer questions, file reports or render material and relevant statements in a Emergency Medical Service investigation when such questions and statements are directly related to job responsibilities. Members shall be advised of and permitted to invoke all applicable constitutional and statutory rights, including consultation with counsel at the member's expense.
(d) 
Truthfulness. Members are required to be truthful regarding their words and actions relating to the conduct of their duties at all times whether under oath or not.
F. 
Policy for emergency medical services billing.
(1) 
Purpose.
(a) 
The Township of Little Falls recognizes the need to bill for the provision of emergency medical services to aid in the provision of those services.
(b) 
No person requiring emergency medical services shall be denied services due to a lack of insurance or ability to pay.
(c) 
Whereas, the Little Falls Emergency Medical Service is funded by local taxes, it is in the best interest of the residents of Little Falls to establish the payment plan in accordance with the Health Care Finance Administration (HCFA) guidelines so that residents will not be responsible for any out-of-pocket expenses.
(2) 
Billing for service.
(a) 
The Little Falls Emergency Medical Service (the Program) shall obtain licensure from the New Jersey State Department of Health. The Little Falls Emergency Medical Service is part of the Little Falls Fire Department.
(b) 
The Township of Little Falls shall apply for a provider number from the federal and state Medicare/Medicaid programs enabling the municipality to institute a third-party payment plan (the payment plan).
(c) 
All patients; whether or not residents of the Township of Little Falls, and/or their financially responsible parties, insurers or carriers, will be billed for emergency medical services provided by the Little Falls Emergency Medical Service according to the fee schedule established herein or at rates established by the Township of Little Falls from time to time.
(d) 
A patient who receives emergency medical services from the Emergency Medical Service is obligated at the time of service or as soon as practicable thereafter, to provide the Emergency Medical Service with all pertinent insurance and payment information to facilitate the Township's billing of third-party payment sources for services rendered. The Township may, at its option and shall, where required by law, bill insurers or carriers on a patient's behalf and may accept payment on an assignment basis.
(e) 
All patients shall be liable for any copayment or deductible amounts not satisfied by public or private insurance, and the Township shall make reasonable collection efforts for all such balances according to the most current rules or regulations set forth by applicable Health Care Financing Administration federal policies and regulations. The Township may bill any applicable coinsurance carriers for such amounts. Exceptions include only those instances where the Township has knowledge of a particular patient's indigence or where the Township has made a determination that the cost of billing and collecting such copayments or deductibles exceeds or is disproportionate to the amounts to be collected.
(f) 
The Township shall not bill any Little Falls resident for any fee, balance, deductible, or copayments not satisfied by public or private insurance, including Medicare/Medicaid, nor will the Township bill a Little Falls resident for emergency medical services provided if the resident is not covered by private or public insurance.
(g) 
The Township of Little Falls may, either directly or through any third-party billing agency with which it has contracted for billing and/or collections for emergency medical services, make arrangements with patients and/or their financially responsible party for installment payments of bills or forgive any bill or portion thereof so long as the Township determines that the financial condition of the patient requires such an arrangement; and the patient and/or financially responsible party has demonstrated a willingness to make good faith efforts towards payment of the bill.
(h) 
A patient for whom the Township of Little Falls has not received payment from a third-party payer on assignment and who receives payment directly from a third-party payer for emergency medical services rendered by the Emergency Medical Service is obligated to remit such monies to the Township in the event the Township has not been paid for services rendered. Patients who do not remit such monies may be held liable for costs of collection in addition to the charges for emergency medical services rendered.
(i) 
The Township of Little Falls shall be authorized to enter into contracts with area hospitals that provide advanced life support (ALS) services to patients that are transported by the Little Falls Emergency Medical Service. This will allow the hospitals to bill for emergency medical services and reimburse the Township for its transportation costs within 45 days of receiving payment.
(3) 
Procedure for Third Party Emergency Medical Services Billing.
(a) 
The Township of Little Falls is hereby authorized to enter into a contract with a third-party billing agency for the performance of EMS billing and collection services; provided, however, that the following standards for such third-party billing contracts are met.
[1] 
Third-party billing agency has in place a compliance program conforming to standards set forth in the Office of Inspector General's Compliance Program Guidance for Third Party Medical Billing Companies, 63 Federal Register 70138, as amended.
[2] 
Neither the billing agency nor any of its employees are subject to exclusion from any state or federal health care program.
[3] 
The billing agency is bonded and/or insured in amounts satisfactory to the Township of Little Falls.
(b) 
A detailed listing of patients who utilize emergency medical services provided by the Little Falls Emergency Medical Service will be compiled by the Township of Little Falls. This information will be transmitted to the third-party billing agency. The information will be subjected to the confidentiality requirements of applicable law. This information will include, at a minimum, the following:
[1] 
Name, address and telephone number of patients.
[2] 
Name, address and claim number of insurance carrier, if applicable.
[3] 
Date, time and EMS chart number.
[4] 
Point of origin and destination.
[5] 
Odometer reading at point of pick up and destination.
[6] 
Reason for transport/patient's complaint/current condition.
[7] 
Itemization and description of services provided and charges.
[8] 
Signature of the patient when possible or authorized decisionmaker.
[9] 
Name of receiving physician.
[10] 
Names, titles and signatures of ambulance personnel, when possible.
(c) 
The third-party billing agency shall obtain the information from the Emergency Medical Service and will bill the patient and/or his or her financial representative parties, insurers or carriers according to the fee schedule established herein; provided, however, that the third-party billing agency shall not bill any Little Falls resident for any fee, balance, deductible, or copayment not satisfied by public or private insurance, including Medicare/Medicaid, nor will the Township bill a Little Falls resident for emergency medical services provided if the resident is not covered by private or public insurance.
(d) 
The fee for emergency medical services shall be $800 plus $9 per mile per trip. Nontransportations where aid is provided shall be billed at a rate of $400. No fee will be charged when medical attention is refused (RMA).
(e) 
The Mayor shall review the fees for services listed in Subsection F(3)(d) above annually and adjust said fees based on the recommendation of the Chief of the Fire Department, the EMS Program Coordinator and the Township Financial Officer and in accordance with the federally approved Medicare Fee Schedule.
(f) 
The Township of Little Falls may at its discretion bill additionally for materials, vehicle and/or personnel costs in the case of major or unique incidents.

§ 3-7.9 Office of Emergency Management.

A. 
Office created. Within the Department of Administration there shall be an Office of Emergency Management.
B. 
The Office of Emergency Management, as heretofore established by ordinance pursuant to general law, is hereby continued.

§ 3-7.10 Division of Health.

A. 
Division created. Within the Department of Administration there shall be a Division of Health.
B. 
Public Health Officer.
(1) 
Position created. The position of Public Health Officer is hereby created. The Public Health Officer shall head the Division of Health and serve under the direction and supervision of the Director of the Department. The Public Health Officer may be a full-time employee, a part-time employee or a third-party agency.
(2) 
Compensation. The Public Health Officer shall receive as compensation such salary as is provided in the Salary Ordinance.[1] If a third-party agency is appointed as Public Health Officer, such agency shall be compensated by fee agreed to by contract with the Township.
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
Appointment. The Public Health Officer shall be appointed by the Mayor, and the term of his office shall be in accordance with the provisions of statute.
(4) 
Qualifications. The Public Health Officer shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
C. 
Duties and responsibilities. Under the supervision of the Public Health Officer, the division shall:
(1) 
Have all of the functions, powers and duties of a local board of health under Title 26 of the Revised Statutes, except that, as required by the Charter, the Council shall have and exercise all local legislative powers under that title.
(2) 
Plan, administer and enforce a comprehensive public health program in accordance with the public health laws of the State of New Jersey.
(3) 
Plan and administer a comprehensive public health program, including without limitation thereto environmental sanitation, communicable disease control, child and adult health and health education, and provide by contract for laboratory services and other services as may be authorized by the Charter or ordinance.
(4) 
Administer and enforce the public health laws of the State of New Jersey and public health ordinances of the Township.
(5) 
Administer and enforce, through the Township Clerk's office, the public health ordinances of the Township and the licensing of dogs and other animals pursuant to law or ordinance and collect the fees for same.
(6) 
Through the Township Clerk's office, maintain and administer a Bureau of Vital Statistics, including births, deaths and marriages, in accordance with state law, and receive applications for and issue marriage licenses pursuant to law.
(7) 
Administer a public health nursing program to assist in the performance of the functions and activities of the division as required.
D. 
Sanitary Health Inspector.
(1) 
Position created. The position of Sanitary Health Inspector is hereby created.
(2) 
Compensation. The Sanitary Health Inspector shall receive as compensation such salary as is provided in the Salary Ordinance.
(3) 
Appointment. The Sanitary Health Inspector shall be appointed by the Mayor, and the term of his office shall be in accordance with the provisions of statute.
(4) 
Qualifications. Prior to his appointment, the Sanitary Health Inspector shall be duly qualified and hold a license as a health officer under state law.
(5) 
Duties and responsibilities. Under the supervision of the Public Health Officer, the Sanitary Health Inspector shall:
(a) 
Conduct and administer sanitary inspections as required for the enforcement of housing occupancy laws and ordinances applicable to the Township.
(b) 
Make inspections under and enforce laws and ordinances regulating sanitation in food establishments, meat and meat products, poultry and poultry markets pursuant to law.
(c) 
Administer, through a Dog Warden, any dog control ordinances of the Township.
(d) 
Consolidate and coordinate such additional regulatory inspections and services of the division as may be prescribed by the Public Health Officer.
E. 
Township Physician.
(1) 
Position created. The position of Township Physician is hereby created.
(2) 
Compensation. The Township Physician shall receive as compensation such salary as is provided in the Salary Ordinance.[2]
[2]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
Appointment. The Township Physician shall be appointed by the Mayor, and the term of his office shall be one year.
(4) 
Qualifications. The Township Physician shall be duly qualified and hold a license to practice medicine as required by state law.
(5) 
Duties and responsibilities. The Township Physician shall perform the duties formerly prescribed by resolutions or ordinances and such additional duties as may be assigned by the Mayor.
F. 
Division personnel. In addition to the officers and employees specifically provided for herein, the division may employ such other personnel, subject to the approval of the Mayor and within the limits of available appropriations, to carry out the functions of the division.

§ 3-7.11 Division of Welfare.

A. 
Division created. Within the Department of Administration, there shall be a Division of Welfare, which shall consist of the Local Assistance Board, appointed pursuant to law.
B. 
Local Assistance Director.
(1) 
Position created. The position of Local Assistance Director is hereby created. The Local Assistance Director shall head the Division of Welfare and serve under the direction and supervision of the Director of the Department and the Local Assistance Board.
(2) 
Compensation. The Local Assistance Director shall receive as compensation such salary as is provided in the Salary Ordinance.
(3) 
Appointment. The Local Assistance Director shall be appointed by the Mayor, and the term of his office shall be in accordance with the provisions of statute.
(4) 
Qualifications. The Local Assistance Director shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
C. 
Duties and responsibilities. Under the direct supervision of the Local Assistance Board, the Division shall:
(1) 
Administer laws and ordinances relating to relief of the needy, including the furnishing of all forms of public assistance to needy persons who are eligible for assistance provided by law through county and state agencies.
(2) 
Provide or arrange for shelter and custodial care to dependent and homeless men, women and children.
(3) 
Enter into and perform cooperative agreements with voluntary charitable organizations and services to effectuate its other functions under this section.
(4) 
Provide related social services, such as domestic relations counseling, investigation of paternity cases, indigent burials and other public welfare activities.
(5) 
Cooperate with other public agencies and institutions and with voluntary institutions in the certification of medically indigent patients for care and treatment.
(6) 
Maintain complete social case records, comply with all state regulations and make such reports or analyses of welfare problems and grants as necessary or desirable.
D. 
Division personnel. In addition to the employees specifically provided for herein, the division may employ such other personnel, subject to the approval of the Mayor and within the limits of available appropriations, to carry out the functions of the division.

§ 3-7.12 Division of Recreation.

A. 
Division created. Within the Department of Administration, there shall be a Division of Recreation.
B. 
Recreation Director.
(1) 
Position created. The position of Recreation Director is hereby created. The Recreation Director shall head the Division of Recreation and serve under the direction and supervision of the Director of the Department.
(2) 
Compensation. The Recreation Director shall receive as compensation such salary as is provided in the Salary Ordinance.[1]
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
(3) 
Appointment. The Recreation Director shall be appointed by the Mayor and the term of his office shall be in accordance with the provisions of statute.
(4) 
Qualifications. The Recreation Director shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
C. 
Duties and responsibilities. Under the direct supervision of the Recreation Director, the Division shall:
(1) 
Administer and operate the playgrounds and fields and facilities for indoor and outdoor sports, athletic and recreational programs and activities for children and adults.
(2) 
Sponsor and administer cultural and recreational programs and activities in cooperation with other public and private agencies and organizations, and provide specialized programs for the aged, the handicapped and other special purposes.
(3) 
Request the assistance of the Department of Public Works with respect to the maintenance and repair of public buildings and grounds used, controlled or managed for recreational purposes by the division.
[Amended 5-7-2012 by Ord. No. 1154]
(4) 
Use and operate public school property to the extent that it may be adaptable and available for recreational programs and purposes, subject to the approval and consent of the Board of Education.
D. 
Division personnel. In addition to the employees specifically provided for herein, the division may employ such other personnel, subject to the approval of the Mayor and within the limits of available appropriations, to carry out the functions of the division.
E. 
Regulations. The division may adopt suitable rules and regulations for the safety and conduct of persons using recreational facilities and for the preservation of public peace and order at public events, and any person who shall violate any such rule or regulation may be adjudged to be a disorderly person. The division may charge and collect for the use of the Township a reasonable fee for admission to or use of facilities, programs or activities provided under this section only as specifically authorized by resolution of Council, and submit fees collected to the Township Treasurer. The custodians, supervisors and assistants appointed by the Director shall, while on duty and for the purpose of preserving order and the observance of the rules, regulations and bylaws of the division, have the power to enforce those rules, regulations and bylaws in the name of the Township.

§ 3-8 Article VIII.

Municipal Court.

§ 3-8.1 Municipal Court created.

There shall be a Municipal Court in the Township known as the "Municipal Court of the Township of Little Falls."

§ 3-8.2 Powers.

The Municipal Court shall have, possess and exercise all the functions, powers, duties, authority and jurisdiction as provided by law.

§ 3-8.3 Judge of the Municipal Court.

A. 
Position created. The position of Judge of the Municipal Court is hereby created.
B. 
Appointment. The Judge of the Municipal Court shall be appointed by the Mayor with the advice and consent of Council and shall hold office for a term of three years from the date of his appointment and until his successor is appointed and qualified, or for such period as is otherwise provided by law.
C. 
Compensation. The Judge of the Municipal Court shall receive as compensation such salary as is provided in the Salary Ordinance.
D. 
Qualifications. The Judge of the Municipal Court shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
E. 
Powers and duties. The Judge of the Municipal Court shall exercise the powers and perform the duties prescribed by general law and ordinance.

§ 3-8.4 Municipal Court Administrator.

A. 
Position created. The position of Municipal Court Administrator is hereby created.
B. 
Appointment. The Municipal Court Administrator shall be appointed by the Mayor with the advice and consent of Council and shall hold office for a term of four years from the date of his appointment and until a successor is appointed and qualified, or for such period as is otherwise provided by law. Pursuant to Rule 7:7-1 of the Rules Governing the Courts of the State of New Jersey, the Judge of the Municipal Court may appoint the Court Administrator as Violations Clerk.
C. 
Compensation. The Municipal Court Administrator shall receive as compensation such salary as is provided in the Salary Ordinance.[1]
[1]
Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.
D. 
Qualifications. The Municipal Court Administrator shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
E. 
Powers and duties. The Municipal Court Administrator shall have the following powers and duties:
(1) 
Carry out the rules, regulations, policies and procedures relating to the operation of the Court.
(2) 
Interview and speak to prospective complaints; receive complaints and disperse information relating to Court matters.
(3) 
Maintain the financial records of the Court.
(4) 
Attend Court, taking minutes of the trials and enter them in the docket; arrange trial calendars; sign Court documents; prepare and issue warrants and commitments.
(5) 
Take and prepare bail bonds, making inquiry as to their sufficiency and equity; receive and account for fines and costs.
(6) 
Interview persons on informal police court matters to determine if there is a basis for formal action, and if necessary, issue summonses requiring Court appearances in this regard; maintain and classify records and files.

§ 3-8.5 Deputy Municipal Court Administrator/Violations Clerk.

A. 
Position created. The position of Deputy Municipal Court Administrator/Violations Clerk is hereby created.
B. 
Appointment. The Deputy Municipal Court Administrator/Violations Clerk shall be appointed by the Mayor with the advice and consent of Council and shall hold office for a term of four years from the date of appointment and until a successor is appointed and qualified, or for such period as is otherwise provided by law.
C. 
Compensation. The Deputy Municipal Court Administrator/Violations Clerk shall receive as compensation such salary as is provided in the Salary Ordinance.
D. 
Qualifications. The Deputy Municipal Court Administrator/Violations Clerk shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.
E. 
Powers and duties. The Deputy Municipal Court Administrator/Violations Clerk shall serve during the absence of the Municipal Court Administrator and perform such other duties as may be required.

§ 3-9 Article IX.

Tax Assessor.

§ 3-9.1 Continuation of office.

The office of the Tax Assessor, heretofore created by ordinance pursuant to general law, is hereby continued.

§ 3-9.2 Appointment; compensation.

A. 
The Tax Assessor, who may work on a full-time or part-time basis, shall be appointed by the Mayor for the statutory term upon the advice and consent of the Council.
B. 
The Tax Assessor shall receive such salary or compensation as the Council shall fix by ordinance.

§ 3-9.3 Duties.

The Tax Assessor shall perform all the duties imposed by ordinance. Pursuant to N.J.S.A. 40A:9-146 et seq. and 54:1-35.25 et seq., the Assessor shall also:
A. 
Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor.
B. 
Make assessments of benefits for local improvements, and for that purpose have and exercise the powers and duties of a board of assessment for local improvement as provided by law.
C. 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted and establish and maintain such files, records and procedures as may be required for the valuation and assessment of personal property pursuant to law.
D. 
Maintain a current tax map of the Township 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.

§ 3-9.4 Division personnel.

In addition to the Tax Collector, the office may employ such other personnel, subject to the approval of the Mayor and Council and within the limits of available appropriations, to carry out the functions of the office.

§ 3-9.5 Administrative procedures and requirements.

The Tax Assessor shall be subject to such general administrative procedures and requirements as are departments of the Township, including but not limited to the preparation and submission of an annual budget and of such periodic budget reports as are generally required of departments, and such accounting controls, central purchasing practices, personnel procedures and regulations and central data processing services as are generally required of departments.

§ 3-10 Article X.

Budget and Expenditure Procedures.

§ 3-10.1 Budget preparation.

A. 
The budget shall be prepared by the Mayor with the assistance of the Business Administrator. During the month of November, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor or the Business Administrator at public hearings which shall be held during that month on the various requests. On or before the 15th day of January, the Mayor shall submit to Council his recommended budget, together with such explanatory comment or statement as he may deem desirable.
B. 
The Business Administrator with the assistance of the Treasurer and Auditor shall prepare all estimates of nonproperty tax revenues anticipated for the support of each annual budget.
C. 
The budget documents shall be prepared in such form as is required by law for municipal budgets and in accordance with the Charter. There shall be appended to the budget a detailed analysis of all items of expenditure and revenue. Such analysis shall include a comparison of the total number of positions of each class and grade to be authorized by the budget with the actual number thereof employed at the beginning and ending of the preceding budget period. So far as practicable, such analysis shall include appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating and capital expenditures.

§ 3-10.2 Budget operation.

A. 
The Business Administrator shall supervise the administration of each annual budget. In consultation with department heads, he shall establish quarterly or such other periodic allotments of appropriations as he may deem necessary. Each department shall plan and administer its expenditure program within the limits of such allotments.
B. 
If at any time during the budget year the Business Administrator shall ascertain that the Township government is faced with the probability of incurring a cash deficit for the current year, he shall reconsider the work programs and allotments of the several departments. Upon such reconsideration and within the approval of the Mayor, he may revise budget allotments so as to forestall, so far as possible, the making of commitments and expenditures in excess of the revenues to be realized during the fiscal year. He shall file with the Treasurer a copy of such revised allotments, and the Treasurer shall control all expenditures within the limits thereof.

§ 3-10.3 Purchase controls.

All purchases of supplies, materials or equipment or contractual services for the Township's account shall be made by the Department of Administration, pursuant to a written requisition from the head of the department whose appropriation will be charged and the certification of the Treasurer that a sufficient unencumbered balance of appropriation is available to pay therefor. All such purchase contracts in excess of the amount as provided in N.J.S.A. 40A:11-4 shall conform to applicable requirements of state statutes for competitive bidding.

§ 3-10.4 Awarding of contracts.

Where contracts are awarded through public competitive bidding, the Council may, upon recommendation of the Business Administrator with respect to all contracts, award the contract in the manner prescribed by law. The Mayor shall execute and sign contracts awarded and authorized pursuant to general law, the Charter and ordinances.

§ 3-10.5 Standards and tests.

The Business Administrator shall establish and approve uniform standards for requisitions and purchases. The Department of Administration shall control the delivery of all supplies, materials, equipment and other items purchased and shall make or cause to be made proper test checks and inspections thereof. The Department shall ascertain whether the said supplies, materials, equipment and other items purchased comply with the specifications and shall cause laboratory or other tests to be made whenever, in the opinion of the Department head, it is necessary to determine whether the materials or supplies furnished are of the quality and standard required.

§ 3-10.6 Purchasing procedure.

A. 
Each department or division shall, upon request of the Business Administrator, submit a complete statement of the materials, supplies and equipment and work and labor under contract which will be required by the department or division during the ensuing year, half year or quarter year as the Administrator may determine, according to the best estimate of the department or division head. Such statement shall be in such form and detail as the Administrator may require.
B. 
Purchases shall be made upon requisition of a department or division head to the Department of Finance, under such procedures and in such form as the Business Administrator may prescribe or approve. Except as the Business Administrator may authorize in case of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by or pursuant to the code have been followed.

§ 3-10.7 Approval and payment of bills and claims.

A. 
Bills, claims and demands against the Township shall be paid only after submission to and approval by the Council as provided in Subsection B hereof. A voucher on a form prescribed by the Treasurer shall be presented for each bill, claim or demand and shall be paid only upon the audit, warrant and approval of the Treasurer, department or division head and at least two of the three Council Finance Committee members. Disbursements shall be made by a combination warrant-bank check or draft warranted by the Treasurer, signed by the Mayor and the Township Clerk and countersigned by the Treasurer or Business Administrator, except that payroll checks may be signed by the Treasurer or alone upon voucher and warrant of the Treasurer for a total payroll.
[Amended 9-23-2013 by Ord. No. 1184]
B. 
The Treasurer shall prepare for each regular executive session of the Council prior to the public meeting a list of all bills, claims and vouchers which he recommends for payment. The Council shall approve any or all of such items by resolution, and upon such approval the Treasurer shall issue his warrant for each item approved. Such list shall be prepared in sufficient quantity for each member of the Council, the Mayor and the Business Administrator, and at least one copy shall be filed with the Clerk as a public record open to examination in his office.

§ 3-10.8 Excess expenditures prohibited.

A. 
No department or division head shall disburse nor shall incur any obligations in excess of the appropriation and limit of expenditures provided in the municipal budget for the department or division in which he is the head.
B. 
No obligation shall be incurred by a department head except upon the issuance of a purchase order. By signing the purchase order, the Treasurer and department head signify that the incurring of the obligation by the within purchase order is not in excess of the appropriation and limit of the expenditure provided in the municipal budget for the line item against which the within purchase order shall constitute an encumbrance.

§ 3-10.9 Violations.

Any department or division head who violates the terms of this section shall be subject to disciplinary action, which may include reprimand, fine, suspension or termination of employment.

§ 3-10.10 Disciplinary action proceedings.

No department or division head shall be subject to disciplinary action for violations of this section except pursuant to the following:
A. 
Written charges shall be approved by the Mayor and thereupon signed by the Business Administrator which shall set forth the facts constituting the alleged violation.
B. 
A copy of the written charges shall be served upon the department or division head.
C. 
A hearing shall be scheduled on the charges no sooner than 10 nor later than 30 days after service of the charges.
D. 
At the said hearing, the accused department or division head shall have a right to be represented by counsel of his own choosing at his own expense and shall be permitted the right of examination, cross-examination and presentation of witnesses and documentary evidence.
E. 
At the conclusion of the hearing, the Business Administrator shall make appropriate findings and determinations, and in the event the department or division head is found guilty, the Business Administrator shall make a determination as to the appropriate penalty, if any.
F. 
The findings and determinations made by the Business Administrator shall constitute a final decision.

§ 3-10.11 Compliance with statutory procedures.

As to any department or division head for whom there is a statutory procedure for disciplinary charges, any disciplinary charges made pursuant to this section shall be in accordance with the procedural requirements of the applicable statutory provisions regulating disciplinary charges.

§ 3-11 Article XI.

Officers and Employees.

§ 3-11.1 Compensation.

Officers and employees shall receive such compensation as may be provided by ordinance heretofore or hereafter adopted.

§ 3-11.2 Department directors and division heads.

A director may serve as a division head and a division head may serve as a bureau head without additional compensation. Department heads shall devote full time in the efficient discharge of the duties of their respective offices, except as provided otherwise herein. The Mayor may appoint the Business Administrator to act as the director of one or more departments without additional compensation.

§ 3-11.3 Vacancies in divisions.

Whenever a vacancy exists in the office or head of any division by resignation, removal, disability or otherwise, the director of the department, with the approval of the Mayor, may fill such vacancy temporarily by appointing an acting head of such division, who shall have and perform all the functions, powers and duties of such division head until the office shall be filled permanently.

§ 3-11.4 Surety bonds.

Township officers or employees shall execute and deliver surety bonds as heretofore established by ordinance.

§ 3-11.5 Vacation leaves.

Certain Township officers or employees shall be entitled to vacation leave as heretofore established by ordinance.

§ 3-11.6 Conflict of interest.

A. 
No officer or employee elected or appointed in the Township shall be interested, directly or indirectly, in any contract with the Township or in the compensation for work done or for materials or supplies furnished to the Township or to any contractor or other person furnishing the same to the Township, nor shall he participate in any profits of such contractor or other person or receive any compensation, commission, gift or other reward for his services except the salary or fees established by law or by ordinance or resolution of the governing body or as provided in N.J.S.A. 40:69A-163.
B. 
No officer or employee elected or appointed in the Township shall accept or solicit anything of value as consideration for or in connection with the discharge of his official duties other than the fee or compensation prescribed pursuant to law.
C. 
Any officer or employee who violates any provision of this section or of any statute or ordinance relating to conflict of interest shall be deemed guilty of misconduct in office and liable to removal from office therefor. Any officer or employee who shall knowingly permit any provision of this section to be violated by any of his subordinates shall also be guilty of misconduct in office and liable to removal therefor.

§ 3-11.7 Appointment and removal of employees.

Each department head shall have power, except as otherwise specifically provided by law, to appoint, remove and suspend subordinate officers and employees within the department, subject to the approval of the Mayor.

§ 3-11.8 Promotions.

Unless otherwise provided for by ordinance, the following regulations shall apply to promotions for Township employees:
A. 
Promotions within staff. Whenever it is practical to do so, promotions will be made from within the ranks of the Township staff of municipal employees, provided there are qualified employees available capable of performing the required duties in a satisfactory manner.
B. 
Criteria for promotions or merit increases. Promotions from within the ranks and merit increases in salary shall be based upon merit, character, qualifications and work habits as determined by an impartial review of all available facts by the Business Administrator.
C. 
Recommendations for promotions. Recommendations for promotions will be processed in the form of a written recommendation by the department or division head through the Business Administrator.

§ 3-11.9 Termination of employment; delivery of records.

Upon the termination of the term of office or the employment of any officer or employee, he shall forthwith deliver to his successor or, if there be no successor, to the Clerk or other person who may be designated by the Council to receive the same, all moneys, papers, books, memoranda, accounts and any data of any nature whatever pertaining to his office. In addition to any other penalty provided by law, any person who shall violate the requirements of this section may be adjudged a disorderly person.

§ 3-11.10 Removal from office.

A. 
Pursuant to the Charter:
(1) 
The Mayor may, in his discretion, remove any department head after notice and an opportunity to be heard. Prior to removing a department head, the Mayor shall first file written notice of his intention with the Council, and such removal shall become effective on the 20th day after the filing of such notice unless the Council shall prior thereto have adopted a resolution by a two-thirds vote of the whole number of the Council disapproving the removal.
(2) 
The Council may, for cause, remove any municipal officer other than the Mayor or a member of Council upon notice and an opportunity to be heard.
B. 
The Council will consider notices under Subsection A(1) above and motions under Subsection A(2) above only after notice and an opportunity to be heard to the affected officer. The Clerk shall forthwith cause a copy of the notice or motion, as the case may be, together with a statement of the charges involved and notice of the time and place fixed for hearing, to be served personally or by registered mail upon the officer affected. Hearing shall be held not less than 10 days nor more than 15 days after date of such service. Such hearing shall be open to the public.
C. 
Pursuant to the Charter, Council may veto a removal under Subsection A(1) above by a two-thirds vote of the Council members and may adopt or defeat a motion under Subsection A (2) above by a majority vote of the Council members.

§ 3-11.11 Council investigations.

Pursuant to the Charter (N.J.S.A. 40:69A-37), the Council may, in its discretion, require any municipal officer to prepare and submit sworn statements regarding his official duties and the performance thereof, and the Council may otherwise investigate the conduct of any department, office or agency of the municipal government and may employ or request any assistance as required.

§ 3-11.12 Administrative regulations.

No rule or regulation made by any department shall, except upon written approval of the Mayor, take effect until at least 10 days after it is filed with the Municipal Clerk as required by the Charter. This limitation of time shall not apply, however, to any order, rule or regulation which relates solely to the organization or internal management of the Township government or part thereof. The Township Clerk shall maintain a docket of all orders, rules and regulations filed in his office, which docket shall show the name of the issuing department, a brief description of the subject matter and the date of filing. At the close of each year the Clerk shall, with the advice and assistance of the Township Attorney, compile, codify and bind all of the orders, rules and regulations which then remain in force and effect. The Township Clerk may arrange for the printing and sale of such compilation within the limits of available appropriations.

§ 3-11.13 Preservation of public records.

A. 
All the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any Township department shall be carefully and conveniently filed, kept and preserved and be and remain the sole property of the Township and shall not at any time be removed from the offices of such department except when required for use in the official business of the Township and shall then be returned to such office without delay. Each Township officer shall be responsible for assuring that the requirements of this section are complied with in respect to his particular office. This section shall be subject to the provisions of the Destruction of Public Records Law (1955) (N.J.S.A. 47:3-15 et seq.).
B. 
All such documents and records of the Township shall, during office hours, be open to public search, inspection and examination; provided, however, that such search, inspection and examination shall not extend to work papers of any department nor to materials prepared for the prosecution or defense by the Township of any legal action or right, and provided that such search, inspection and examination shall be made under such regulations as the officer in whose custody such records, books and documents may be shall establish for the safety and preservation thereof.

§ 3-11.14 Emergency services and work hours.

In addition to the Township's office hours established by ordinance, all departments in times of emergency shall provide services for 24 hours a day. The Business Administrator or a department or division head may require any officer or employee to be in attendance for work on any day or days whenever he determines that a public exigency or emergency so requires.

§ 3-11.15 Annual audit.

The Council shall cause to be made an annual audit of the Township's accounts and financial transactions as required by law. Such annual audit shall be made by a registered municipal accountant of New Jersey selected by the Mayor with the advice and consent of the Council.

§ 3-11.16 Political activities.

No township employee shall directly or indirectly use or seek to use his authority or official influence to control or modify the political action of another person or, during the hours of duty, engage in any political activity, nor at any other time actively participate in political activities or campaigns with respect to any candidate for elective office in the Township government, except that nothing in this section shall be construed to prevent employees from becoming or continuing to be members of any political party, club or organization or from attending political meetings.

§ 3-11.17 Sick leave.

Certain Township officers or employees shall be entitled to vacation leave as heretofore established by ordinance.

§ 3-11.18 Holidays.

Certain Township officers or employees shall be entitled to holiday leave as heretofore established by ordinance.

§ 3-11.19 Longevity payments.

Except for new hires after January 1, 1998, there shall be added to and made a part of the remuneration for each permanent full-time Township officer and employee and permanent part-time Township officer and employee who are regularly scheduled to work 20 hours or more weekly for 12 months a year, whether paid on an annual salary basis or hourly basis, other than members of the Police Division bargaining unit, who has completed or does hereafter during the current year complete five years' cumulative service in and for the Township, the sum of $250 and an additional sum of $250 for each additional five years of cumulative service, but not to exceed a maximum of $1,000. All periods of employment shall be computed from January 1 of the year of appointment or employment unless the date of said appointment or employment took place on or after July 1, in which case said period of employment shall be computed from January 1 of the year following said employment or appointment. The provisions of Resolution No. 10 of March 20, 1995, are hereby ratified and confirmed and made a part hereof.

§ 3-11.20 Personal leave.

Certain Township officers or employees shall be entitled to personal leave as heretofore established by ordinance.

§ 3-11.21 Time limit on reemployment

A. 
The purpose of this section is to establish a time limit or time period in the number of years that an elected official must wait after leaving his or her elected position to have any employment with the Township of Little Falls.
B. 
Any elected official, upon terminating his or her elective position with the Township of Little Falls, no matter how determined, is hereby prohibited from having any employment with the Township of Little Falls for a period of four years from the date that the elected official ceases to hold elective office in the Township of Little Falls.

§ 3-12 Article XII.

Boards, Commissions, Committees and Authorities.

§ 3-12.1 Board of Health.

The Division of Health shall have all of the functions, powers and duties of the local Board of Health, except that, as required by the Charter, the Council shall have and exercise all of the legislative powers of a local board of health.

§ 3-12.2 Emergency Management Council.

The Emergency Management Council as heretofore established and empowered pursuant to law is continued.

§ 3-12.3 Environmental Commission.

A. 
Establishment. The Township of Little Falls Environmental Commission is hereby established pursuant to N.J.S.A. 40:56A-1 to 40:56A-6, as supplemented.
B. 
Purpose. The Commission is established for the protection, development, or use of natural resources, including water resources, located within the territorial limits of the Township.
C. 
Appointment. The Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Township.
D. 
Terms. Commissioners shall be appointed for terms of three years and until the appointment and qualification of their successors.
E. 
Compensation. Commission members shall serve without compensation.
F. 
Removal. The Mayor or Township Council may remove any member of the Commission for cause, on written charges served upon the member, and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel.
G. 
Vacancies. Any vacancy on the Commission occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
H. 
Powers and duties. The Commission shall have the power to conduct research into the use and possible use of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes within the limits of funds appropriated to it by the Township Council. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas and may recommend to the Planning Board plans and programs for inclusion in the Master Plan and the development and use of such areas.
I. 
Acquisitions by Commission. The Environmental Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the Township by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement, including conservation easement, covenant or other contractual right including a conveyance on condition or with limitations or reversions, as may be necessary to acquire, maintain, improve, protect, limit the future use or otherwise conserve and properly utilize open spaces and other land and water areas in the Township.
J. 
Records and annual report. The Environmental Commission shall keep records of its meetings and activities and make an annual report to the Mayor.
K. 
Appropriations. The Commission may appoint such clerks and other employees as it may require, providing the same shall be within the limits of funds appropriated to it by the Township Council.

§ 3-12.4 Historic Preservation Commission.

A. 
Creation. In order to increase the education, appreciation and communication of the cultural, historic and architectural heritage of the Township of Little Falls, the Historic Preservation Commission of Little Falls is hereby established.
B. 
Membership. The Historic Preservation Commission shall consist of five members, which shall be appointed annually by the Mayor with the advice and consent of the Township Council.
C. 
Budget. The Township Council may, but shall not be required to, annually appropriate such funds as may be appropriate for use by the Historic Preservation Commission.
D. 
Powers. The Historic Preservation Committee shall have the power and responsibility to implement the Main Street New Jersey Program in the Township of Little Falls pursuant to contractual arrangements between the National Main Street Center in Washington, D.C., and the Office of the New Jersey Heritage, Department of Environmental Protection, State of New Jersey, so as to assist in the revitalization of the designated downtown Main Street project area in the Township.
E. 
Local Historian.
(1) 
Establishment. The position of Local Historian is hereby established in the Township of Little Falls to increase the education, appreciation and communication of the cultural, historic and architectural heritage of the Township.
(2) 
Appointment. The Local Historian shall be appointed by the Mayor with the advice and consent of the Township Council.
(3) 
Term. The Local Historian shall serve for a three-year term.
(4) 
Compensation; reimbursement of expenses. The Local Historian shall serve without compensation, but the Township Council may annually appropriate such funds as may be necessary to reimburse the Local Historian for expenses incurred in the performance of his/her duties and responsibilities.
(5) 
Powers and responsibilities. The Local Historian shall have the following powers and responsibilities:
(a) 
To carry out a historical program, including but not restricted to collecting, preserving and making available materials relating to the history of the Township. The Local Historian shall store such materials in such manner as to insure their preservation and shall notify the state archivist, New Jersey Historical Commission, County Historian and Township Council of any materials which should be acquired for preservation. Upon leaving the position, the Local Historian shall turn over all materials and records and reports into the possession of the successor, if then appointed, or to the Township Council until a successor be appointed.
(b) 
The Local Historian shall make an annual report to the Mayor and Township Council stating all the work performed and accomplished during the year. The Local Historian shall transmit a copy of such reports to the New Jersey Historical Commission.
(c) 
The Local Historian, with the prior approval of the Township Council, may research, write and cause to have published a Township history and may recommend appropriate historical materials for publication.
(d) 
The Local Historian may assist a landmark commission as well as advise the Township Council concerning the acquisition, administration, use and disposition of any landmark or historical site, including such places in his jurisdiction included on the New Jersey Register of Historic Places. Such advice may be furnished to the Historic Sites Section, Department of Environmental Protection.
(e) 
The Local Historian shall assist in projects of commemoration, including the erection of monuments, historic markers and guide signs.
(f) 
The Local Historian shall serve as an ex officio member of the Historic Preservation Commission.

§ 3-12.5 Library.

The public library as heretofore established and empowered pursuant to law (N.J.S.A. 40:54-1 et seq.) is continued.

§ 3-12.6 Library Board of Trustees.

The Library Board of Trustees as heretofore established and empowered pursuant to law (N.J.S.A. 40:54-1 et seq.) is continued.

§ 3-12.7 Local Assistance Board.

The Local Assistance Board as heretofore established and empowered pursuant to law (N.J.S.A. 44:8-107 et seq.) is continued.

§ 3-12.8 Municipal Alliance on Alcoholism and Drug Abuse.

A. 
Created. The Little Falls Municipal Alliance on Alcoholism and Drug Abuse (hereinafter referred to as LFMA) is hereby created as an instrumentality of local government pursuant to the provisions of N.J.S.A. 26:2BB-1 et seq. It shall be operated pursuant to the provisions of the said statute; such other provisions of law as shall be applicable; such regulations as shall have been adopted pursuant to law; pursuant to such grant agreements as shall from time to time be approved by the Township Council; and pursuant to the terms and provisions of the within section.
B. 
Coordination with other agencies. The LFMA shall, in the performance of its functions, coordinate its program and functions with the County Alliance Executive Committee and the Governor's Council on Alcoholism and Drug Abuse.
C. 
Municipal Alliance Executive Committee. The day-to-day affairs of the LFMA shall be conducted by the Municipal Alliance Executive Committee, which shall consist of nine members, each of who shall be appointed by the Mayor for a term of one year. The Committee may, but shall not be required to include such persons as are listed in N.J.S.A. 26:2BB-9, together with such other persons as shall be deemed to be appropriate by the Mayor. The total membership shall not, however, exceed nine members. In addition to the Municipal Alliance Executive Committee, the LFMA may also include as general members such other persons who shall volunteer their time to the LFMA and who are approved for membership by the Municipal Alliance Executive Committee.
D. 
Municipal Alliance Coordinator.
(1) 
Position created. The position of Municipal Alliance Coordinator is hereby created.
(2) 
Appointment. The Municipal Alliance Coordinator shall be appointed by the Mayor and serve at the pleasure of the Mayor. Upon appointment and prior to assuming the duties of the position, he/she shall be required to execute a statutory oath of office.
(3) 
Supervision and authority. Under the supervision of the Municipal Alliance Executive Committee, the Municipal Alliance Coordinator shall conduct all administrative work of the Municipal Alliance Executive Committee.
(4) 
Compensation. The Municipal Alliance Coordinator shall be compensated at an hourly rate not greater than the amount promulgated as a standard by the county and state and in accordance with the provisions of the Salary Ordinance. The Coordinator shall not be entitled to compensation for more than 10 hours a week and shall keep daily time records which shall be filed with the Municipal Alliance Executive Committee.
(5) 
Powers and duties. The duties of the Coordinator shall include but not be limited to:
(a) 
Implementation of orders and directives of the Municipal Alliance Executive Committee;
(b) 
Implementation of the policies established by the Municipal Alliance Executive Committee;
(c) 
Maintenance of financial, purchasing and other records related to the business affairs of the LFMA;
(d) 
Submission of a monthly report to the Municipal Alliance Executive Committee.
(e) 
Working with volunteers and other public interest groups and generally performing such tasks as shall be in furtherance of the purpose and objectives of the LFMA, subject to the direction, however, of the Municipal Alliance Executive Committee.
E. 
Meetings. The Municipal Alliance Executive Committee Program shall conduct its meetings in accordance with N.J.S.A. 10:4-6, known as the Open Public Meetings Law. It shall, pursuant to the provisions of the Open Public Meetings Law, maintain as permanent records minutes of all meetings, both regular and special. No official action may be taken by the Municipal Alliance Executive Committee except at a meeting at which there is a quorum present. A quorum shall consist of a majority of the total members of the Committee. Any official action taken at a meeting at which a quorum is present shall be by a majority of those present at the meetings as long as those present at the meetings constitute a quorum.
F. 
Expenditures.
(1) 
All matters involving expenditures of funds shall require formal action by the Municipal Alliance Executive Committee. The Coordinator shall process the initial purchasing order but shall not request that a purchasing order be issued by the Treasurer except upon and until the Municipal Alliance Executive Committee has, at a formal meeting, approved the proposed purchase.
(2) 
All purchasing activities of the LFMA shall be within the requirement of the Public Bidding Laws of the State of New Jersey.
(3) 
No services of a consultant shall be engaged except in accordance with the provisions of the Public Bidding Statutes of the State of New Jersey.
(4) 
No expenditures shall be made, except for petty cash funds established by resolution of the Township Council, nor shall any expenses be incurred except with the authorization of the Municipal Alliance Executive Committee, and the Municipal Alliance Executive Committee shall, before authorizing the incurring of expenditures or expenses, first assure that funds are available in the budget as determined by the Township Treasurer and are to be expended pursuant to the funding agreement.
G. 
Records. All records of the LFMA shall be deemed to be public records to which the public shall have access as provided in the Access to Public Records Act, except that if any records are imbued with confidential cover pursuant to some provision of law, such records shall not be required to be disclosed.
H. 
Annual audit. All fiscal affairs of the LFMA shall be in accordance with applicable statutes and regulations governing municipalities and shall be subject to an annual audit by the Municipal Auditor. The audit shall be incorporated into, to the extent permitted by law, the annual Municipal Audit Report.
I. 
Additional paid employees. The Committee shall not create any position nor appoint any person to a paid position other than the Coordinator. If any additional paid positions are required, that decision will rest in the discretion of the Mayor and Township Council.
J. 
Annual grant agreement. The annual grant agreement will be submitted to the Township Council for its consideration and appropriate disposition.
K. 
Organization. The Municipal Alliance Executive Committee will annually elect by a majority vote one of its members as the Chairman, who shall preside at all meetings. Direction from the Committee to the Coordinator shall be given through and by the Chairman.
L. 
Budget. The Committee shall each year, no later than February 1, submit a proposed line item budget to the Township Council for its review. The budget shall become effective upon the adoption of a resolution by the Township Council. The budget shall have line item appropriations and once the line item budget has been adopted by the Township Council, the expenditures for each line item category shall be within the limitations of the line item appropriation unless the Township Council has approved a line item transfer.
M. 
Bylaws. The Committee shall annually adopt bylaws.
N. 
Legal services provided by Township Attorney. In the event that any legal services are required by the Municipal Alliance Committee, those services shall be rendered by the Township Attorney except that any requests for legal services shall be made by the Chairman of the Municipal Alliance Executive Committee to the Mayor.
O. 
Political activity prohibited. No political activities, direct or indirect, shall be permitted in connection with the operation of the LFMA. No one connected with the LFMA shall in the course of performing his or her functions on behalf of the LFMA permit partisan politics to be in any way involved in the performance of those duties. No political activities shall be permitted at any meetings of the Committee, nor in the office or quarters of the LFMA, nor at any functions or activity sponsored by the LFMA. In particular, no signs, placards, advertisements or political literature shall be displayed or distributed at such LFMA activities.
P. 
Monthly reports. The Coordinator shall prepare monthly reports to be submitted to the Municipal Alliance Executive Committee with a copy to the Township Council.
Q. 
Conflict of interest.
(1) 
No member of the LFMA or the Coordinator shall have any financial interest, directly or indirectly, in the furnishing of any services or purchasing of any supplies for the LFMA.
(2) 
In the event that a member of the LFMA ever perceives that he or she has an apparent or actual conflict of interest with his or her duties to the LFMA, such person shall have a duty to make a full disclosure to the Mayor so that the Mayor can make a determination as to what is appropriate under the circumstances.
R. 
Petty cash fund. Control and disbursements of cash from the petty cash fund shall be in accordance with the provisions of law and the resolution of the Township Council creating the petty cash fund.

§ 3-12.9 (Reserved) [1]

[1]
Editor’s Note: Former § 3-12.9, Municipal Ethics Board, was repealed 10-19-2015 by Ord. No. 1227.

§ 3-12.10 Planning Board.

The Planning Board as heretofore established and empowered pursuant to law (N.J.S.A. 40:55D-23 et seq.) and ordinances of the Township is hereby continued.

§ 3-12.11 Rent Leveling Officer.

[Amended 4-25-2016 by Ord. No 1249]
The Rent Leveling Board as heretofore established and empowered pursuant to law (N.J.S.A. 40:55D-23 et seq.) and ordinances of the Township is hereby dissolved and the position of the Rent Leveling Officer is hereby created.

§ 3-12.12 Shade Tree Commission.

A. 
Creation. A Shade Tree Commission is hereby created in the Township of Little Falls.
B. 
Membership. The Shade Tree Commission shall consist of seven members plus two alternate members.
C. 
Appointment. The members of the Shade Tree Commission shall be appointed by the Mayor.
D. 
Term. The terms of office for Shade Tree Commission members shall be as provided by state statute.
E. 
Vacancies. Any vacancy occurring by reason of death, resignation or removal shall be filled by the Mayor for the unexpired term.
F. 
Organization. The Commission shall organize annually in the month of January by the election of one of its members as President and the appointment of a Secretary who must be a member of the Commission.
G. 
Meetings. The Commission shall meet at least once a month on a day and time selected by the Commission.
H. 
Powers of Commission. The Commission shall have the power to:
(1) 
Exercise full control over the regulation, planting and care of shade or ornamental trees and shrubbery now located or which may hereafter be located in the Township, on any Township-owned land or in any street, public place, park or parkways, including the planting, trimming, spraying, care and protection thereof. The control of trees on state or county highways within the Township may be determined by mutual agreement made between the Commission and appropriate state or county agencies having jurisdiction thereof.
(2) 
Regulate and control the use of the ground surrounding the aforesaid shade and ornamental trees and shrubbery, so far as may be necessary for their proper growth, care and protection.
(3) 
Move or require the removal of any tree of part thereof dangerous to public safety.
(4) 
Care for and control the aforesaid parks and parkways, and encourage arboriculture.
(5) 
Make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the Council, any and all regulations necessary or proper for carrying out the provisions of this section and not in conflict therewith. The violation of any of such duly adopted rules and regulations shall subject the offender to the penalty provisions of this revision.
(6) 
Administer treatment to or remove any tree situated on private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Township, and for that purpose, enter upon private property with the consent of the owner thereof, provided the suspected condition is first confirmed by the certificate issued by or on behalf of the State Department of Agriculture.
(7) 
Purchase and plant or have planted under its supervision, at the request of the Township Council, any trees or shrubs required in connection with any public improvement program financed in whole or in part by the Township on any street, park or Township-owned land.
(8) 
Regulate and control the indiscriminate and excessive cutting of trees in the Township in the manner prescribed in Chapter XXII, Protection of Trees.[1] Such regulation and control is deemed necessary because indiscriminate and excessive cutting of trees upon tracts of land has resulted in creating increasing municipal costs to control drainage within the Township and further impairs the benefits of occupancy of existing residential property in such areas, impairs the stability and value of both improved and unimproved real property in such areas with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Township.
[1]
Editor's Note: See Ch. 261, Trees, of this Code.
(9) 
Exercise such other powers, duties and functions as hereinafter provided in Chapter 261, Trees.

§ 3-13 Article XIII.

Transitional Provisions.

§ 3-13.1 Continuation of ordinances in effect.

All ordinances of the Township in effect on December 31, 2004, to the extent that they are not inconsistent with the Charter or the code shall remain in full force and effect until modified or repealed pursuant to law.

§ 3-13.2 Nomenclature changes.

All references in any other ordinance to the Township Council, a committee of the Township Council, a director under the committee form of government law or any board, body, department or office shall be taken and construed to mean such body, officer or office to which the respective functions, powers and duties are allocated and assigned by this code.

§ 3-13.3 Continuation of rates of compensation.

Until otherwise provided by ordinance, rates of compensation established for persons holding office or employment on the effective date of the code shall be continued with respect to the office or employment to which they, respectively, may be transferred. All such salaries and wages shall be subject to adjustment upon a resurvey of salaries and jobs following reorganization of the Township government pursuant to the code.

§ 3-13.4 Pension rights.

Pension fund membership and rights of any officer or employee shall not, without his consent, be adversely affected by any transfer pursuant to this chapter. The Business Administrator shall provide by appropriate regulation for necessary records, contribution controls and otherwise for the further protection of the pension fund membership and rights of officers and employees in accordance with this section as need appears.

§ 3-13.5 Temporary procedures.

The Mayor may suspend until September 1, 2005, the application of any administrative procedures required by the code whenever he finds and determines that personnel, equipment, forms or space are insufficient pending reassignment or appointment of personnel, acquisition of necessary items or relocation of Township departments.

§ 3-13.6 Offices abolished.

Any function, office or employment not transferred as provided in this article shall be deemed abolished.

§ 3-13.7 Transfer of appropriations.

The various appropriations in the budget of the Township of Little Falls for the fiscal year ending December 31, 2004, are hereby transferred to the department, office or agency of the Township government to which are transferred the functions, powers and duties for which such appropriations were made, and such appropriations shall continue to be available for the objects and purposes for which they, respectively, were made in said budget as adopted. As soon as practicable on or after January 1, 2005, the Mayor shall transmit to the Council an appropriate resolution in the form required by the Local Government Board of this state pursuant to Chapter 159 of the Laws of 1948 (N.J.S.A. 40A:4-85) to make such correction of the title, text or amount of any item of appropriation appearing in the Township budget for 2005, as adopted, as may be necessary to make any or all such items of appropriation conform with the organization of the Township government and the allocation of functions, powers and duties prescribed by or pursuant to the code, provided that the available overall total of budgeted expenditures shall not be increased thereby, nor shall any item of appropriation required for debt service, contingent expenses, deferred charges, statutory expenditures, judgments or reserves be reduced or limited thereby.