Township of Little Falls, NJ Administration of Government

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.

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.

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.

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.

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.

Position created. The position of Business Administrator is hereby created.

Appointment. The Business Administrator shall be appointed by the Mayor, with the advice and consent of the Council, for the term of the Mayor.

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.

Qualifications. The Business Administrator shall have the qualifications and shall be appointed in the manner prescribed by the Charter.

Duties. Through the divisions of the Department of Administration, the Business Administrator, under the direction and supervision of the Mayor, shall:

Assist the Mayor in the preparation of the Township budget.

Develop and enforce sound purchasing and personnel practices and procedures for all departments, offices and agencies of the Township.

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.

Prescribe and issue rules and regulations for the efficient management of the government, not inconsistent with the Charter and ordinances of the Township.

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.

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.

Coordinate the operations and administration of departments, divisions, offices and agencies of the Township government.

Residency. The Business Administrator need not be a resident of the Township of Little Falls.

Assistant Business Administrator. The position of Assistant Business Administrator is hereby created. The Assistant Business Administrator shall be the direct appointment of the Business Administrator with prior approval of the Mayor. The Assistant Business Administrator may be removed at any time for any reason upon the recommendation of the Business Administrator and approval of the Mayor. The duties of the Assistant Business Administrator will be determined by the Business Administrator in line with those duties listed under Subsection E above. The Assistant Business Administrator may, by directive of the Business Administrator, serve as the designee for any and all appropriate functions within the Department of Administration in the place of the Business Administrator. The compensation of the Assistant Business Administrator shall be set forth in the annual Salary Ordinance.[1]

[Added 12-5-2022 by Ord. No. 1446]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

§ 3-2.9 Administrative organization generally.

[Amended 5-7-2012 by Ord. No. 1154; 12-16-2019 by Ord. No. 1376]

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:

Departments.

Department of Finance.

Department of Police.

Department of Administration.

Separate offices, boards and commissions.

Municipal Clerk.

Municipal Court.

Tax Assessor.

Planning Board.

Board of Health.

Shade Tree Commission.

Environmental Commission.

Public Library.

Library Board of Trustees.

Local Assistance Board.

Municipal Alliance on Alcoholism and Drug Abuse.

(12)

Emergency Management Council.

(13)

Historic Preservation Commission.

§ 3-2.10 Department heads generally.

[Amended 12-16-2019 by Ord. No. 1376]

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:

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.

Direct and supervise the work of the department and its employees through the divisions established by the code.

Assign functions, powers and duties to subordinate officers and employees within the department and modify such assignments as need appears.

Delegate to division heads such of his powers as he may deem necessary for efficient administration.

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.

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:

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]

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.

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.

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.

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.

Election. The Council, at its annual organizational meeting to be held during the first week of January of each year, shall elect a President.

Term. The President of Council shall serve for a one-year term and until the election and qualification of his/her successor.

Powers and duties. The President of Council shall:

Preside at all meetings of the Council and of the committee of the whole.

State the question and announce the results of all matters upon which the Council may vote.

Rule on all questions of order, subject to appeal to the Council.

Sign all ordinances and resolutions adopted in his/her presence.

Preserve order and decorum at all meetings of the Council.

Have such other functions, powers and duties as the Council may from time to time prescribe.

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.

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.

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.

The Township Clerk shall record the minutes of each Council meeting.

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.

Position created. There is hereby created the position of Township Clerk.

Appointment. The Council shall appoint a Township Clerk for the term prescribed by state statute (N.J.S.A. 40A:9-133).

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

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:

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.

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.

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.

Insurance, surety bonds and contracts. The Clerk shall be the depository and custodian of:

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.

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.

All formal contracts for work, labor, services, supplies, equipment and materials to which the Township may be a party.

All leases of property owned by the Township.

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.

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:

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.

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.

Perform such functions as are vested in the Municipal Clerk by state law and ordinance relating to bingo and raffles licensing.

Issue certificates as to approval of land subdivision by the Township Planning Board or the Council.

Have and perform such other and additional functions, powers and duties as may be prescribed by law or ordinance.

Notice to attend meetings of Council.

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.

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.

Position created. There is hereby created the position of Deputy Township Clerk.

Appointment. The Deputy Township Clerk shall be appointed by the Township Council for a term of five years from the date of appointment.

Compensation. The compensation of the Deputy Township Clerk shall be such sum annually as provided in the annual Salary Ordinance.

Powers and duties. The Deputy Township Clerk shall assist the Township Clerk in:

Keeping the records, resolutions, ordinances and minutes of the meetings of the Township Council.

Taking care of all correspondence of the Township, its various departments and the Township Council.

Properly advertising all ordinances and notices whenever required.

Issuing all licenses required by law or ordinance, except such licenses as are assigned by law or ordinance to another issuing authority.

Making all reports required by law or ordinance to the Township Council.

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.

Position created. The position of Director of Finance is hereby created.

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.

Compensation. The salary for the Director of Finance shall be as provided by the Township Salary Ordinance.

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.

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.

Chief Financial Officer.

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.

Compensation. The salary for the Chief Financial Officer shall be as provided by the Township Salary Ordinance.

Residency. The Chief Financial Officer need not be a resident of the Township of Little Falls.

Appointment. The Chief Financial Officer shall be appointed by the Mayor.

Term. The Chief Financial Officer shall be appointed for the statutory term.

Qualifications. The Chief Financial Officer shall be a certified municipal finance officer in accordance with the statutes of the State of New Jersey.

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.

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.

Treasurer.

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.

Duties. The duties of the Treasurer shall be:

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.

To control and verify the accuracy of daily receipts.

To pre-audit all vouchers, bills or claims presented against the Township.

To control expenditures to assure that budget appropriations are not exceeded.

To supervise and maintain the punctual payment of all Township debt bonds and interest.

To reconcile all bank accounts, including Tax Collector's depository accounts.

To supervise and administer, when necessary, the recordkeeping of all personnel within the Department of Finance.

To make all disbursements of Township funds.

To have custody and control of all investments and investment funds of the Township upon approval of the Administrator.

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.

Accounting Clerk/Bookkeeper.

Position created. Within the Division of Treasury there shall be the position of an Accounting Clerk/Bookkeeper.

The Accounting Clerk or Bookkeeper shall have the following duties:

To record the following books of original entry:

Receipts and disbursement records for:

Current Fund.

Trust Fund.

Dog Fund.

General Capital Fund.

[e]

Public Assistance Fund.

[f]

Water Utility Operating Fund.

[g]

Water Capital Fund.

Appropriation ledgers for:

[a]

Current budget appropriation.

[b]

Water utility appropriation.

[c]

Capital ordinance appropriation.

General ledger.

Water utility billing and control records.

To prepare monthly trial balances of appropriation ledgers and general ledgers.

To prepare quarterly trial balances of water utility accounts-receivable cards.

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).

To prepare or proof, whichever the case may be, payrolls of the Township.

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.

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.

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.

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.

Tax Collector.

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.

Appointment. The Tax Collector shall be appointed by the Mayor for the term prescribed by law for municipal tax collectors.

Qualifications. The Tax Collector shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.

Duties. The Tax Collector shall:

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.

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.

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.

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]

Position created. The position of Township Attorney is hereby created.

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.

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.

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

Duties. The Township Attorney shall perform the following duties:

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.

Advise other department heads on matters relating to their duties and the business of the Township.

Attend all regular meetings of the Mayor and Council and special meetings of the Mayor and Council upon request.

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.

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.

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.

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.

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.

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.

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.

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]

Position created. The position of Municipal Prosecutor is hereby created.

Appointment. The Municipal Prosecutor shall be appointed by the Mayor for a term ending the 31st day of December next following his appointment.

Qualifications. The Municipal Prosecutor shall be an attorney-at-law duly admitted to practice in the State of New Jersey.

Compensation. The Municipal Prosecutor shall receive such compensation as shall be provided by the Council.

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]

Position created. The position of Municipal Public Defender is hereby created.

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.

Qualifications. The Municipal Public Defender shall be an attorney-at-law of the State of New Jersey in good standing.

Compensation. The Municipal Public Defender shall receive such compensation as shall be provided by the Council.

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.

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 Control Attorney.

[Amended 5-7-2012 by Ord. No. 1154; 12-16-2019 by Ord. No. 1376]

When the Township is required to obtain the services of an attorney for rent leveling purposes under the provisions of Chapter 178 of the Code of the Township of Little Falls the Township Attorney will provide services as required.

§ 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:

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.

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.

Develop and administer the Township's personnel program, and maintain a complete system of personnel records of municipal officers and employees.

Have and exercise the functions, powers and duties of Township Purchasing Agent as provided by the code.

Supervise telephone, mail, office equipment and furnishings and other office services.

Place, purchase and review property, liability and other insurance and surety bonds as required for Township purposes.

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.

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.

Division created. Within the Department of Administration, there shall be a Division of Construction and Housing Inspection.

Construction Official.

Position created. The position of Construction Official is hereby created.

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.

Appointment. The Construction Official shall be appointed by the Mayor.

Duties. The duties of the Construction Official shall be:

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.

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.

To file reports as required by the Uniform Construction Code.

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.

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.

Division personnel. The Division of Construction and Housing Inspection may employ the following personnel:

A Construction Official.

A Building Subcode Official.

A Fire Protection Subcode Official.

An Electrical Subcode Official.

A Plumbing Subcode Official.

A Zoning Officer.

Control Person.

Elevator Inspector.

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.

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.

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.

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

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.

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.

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]

Division created. Within the Department of Administration, there shall be a Division of Public Works. The Superintendent of Public Works shall be the Division Head and shall serve under the direction and supervision of the Business Administrator.

[Amended 12-16-2019 by Ord. No. 1376]

Superintendent of Public Works.

[Amended 12-16-2019 by Ord. No. 1376]

Position created. The position of Superintendent of Public Works is hereby created.

Compensation. The Superintendent of Public Works shall receive as compensation such salary as is provided in the Salary Ordinance.[1]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

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.

Qualifications. The Superintendent of Public Works shall be qualified by training, experience and shall possess a current and valid New Jersey Certified Public Works Manager certificate and such other certifications/licenses as required by statute for the duties of his office.

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.

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:

Public buildings and grounds;

Streets;

Recycling;

Municipal waste (solid waste garbage collection);

Wastewater collection;

Stormwater collection; and

Repair and maintenance of mechanical equipment and vehicles.

Sewer System Operator.

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.

The Operator shall work under the supervision of the Superintendent of Public Works.

Compensation. The compensation for the Sewer System Operator shall be as provided in the Salary Ordinance.[2]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

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.

Public Works Foreman.

Appointment. There shall be a Public Works Foreman, who shall be appointed by the Mayor.

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.

Compensation. The compensation for Foreman shall be as provided in the Salary Ordinance.[3]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

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.

Buildings and grounds.

The Department of Public Works shall be responsible for buildings and grounds owned by the Township.

Duties and responsibilities. Under the direction of the Superintendent, the Department shall:

Operate and maintain public buildings owned by the Township.

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.

Trim, plant and care for trees, public parks and greens.

Administer Township-owned properties.

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.

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.

Provide custodial and janitorial services for all Township buildings.

Street services.

The Department of Public Works shall be responsible for servicing all public streets in the Township.

Duties and responsibilities. Under the Direction of the Superintendent, the Department shall:

Maintain and repair all Township streets, bridges, culverts and drains.

Undertake and administer Township road construction projects and road surfacing and resurfacing projects which are to be performed by Township contractors.

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.

Install, repair and maintain street traffic signs, lines and markers.

Receive applications for and issue street opening permits and administer the Township's ordinances relating to street openings.

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.

Sewers.

The Department of Public Works shall be responsible for sanitary and stormwater sewers.

Duties and responsibilities. Under the direction of the Superintendent, the Department shall:

Operate and maintain the Township's intercepting sewers, sewage pumping stations and all other sanitary and storm sewer installations and appurtenances.

Provide such sanitation and general services relating thereto as may be required.

§ 3-7.6 Division of Engineering.

Division created. Within the Department of Administration, there shall be a Division of Engineering.

Township Engineer.

Position created. The position of Township Engineer is hereby created.

Compensation. The Township Engineer shall receive such salary as is provided in the Salary Ordinance[1] and compensation on a fee basis.

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

The Township Engineer shall serve under the direction and supervision of the Director of the Department and head the Division of Engineering.

Appointment. The Township Engineer shall be appointed by the Mayor for a one-year term.

[Amended 2-11-2008 by Ord. No. 1032]

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.

Duties and responsibilities. Under the direction of the Township Engineer, the Division shall:

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.

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.

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.

Establish standards and procedures for the control, use and care of all Township-owned equipment, materials and supplies in the custody of the division.

Study and report upon the technical requirements of streetlighting and traffic control.

Supervise and enforce the Township's interest in public contracts for fire hydrant service and streetlighting.

Provide technical and engineering advice and assistance to other Township departments and divisions as required.

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.

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.

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.

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.

Definitions. As used in this section:

CHIEF

The Chief of Police of the Township.

COMMAND OFFICERS

The Chief of the Division and the Deputy Chief of the Division are designated the Command Officers.

[Added 11-22-2021 by Ord. No. 1428]

DEPUTY CHIEF

The Deputy Chief of Police of the Township.

[Added 11-22-2021 by Ord. No. 1428]

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]

Editor's Note: The former definition of "officer," which immediately followed, was repealed 4-14-2008 by Ord. No 1035.

Department created.

[Amended 12-16-2019 by Ord. No. 1376]

Chief of Police.

[Amended 12-16-2019 by Ord. No. 1376]

Position created. The position of Chief of Police is hereby created. The Chief of Police shall be the Department Head.

Compensation. The Chief of Police shall receive as compensation such salary as is provided in the Salary Ordinance.[2]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

Appointment. The Chief of Police shall be appointed by the Mayor.

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.

C.1.

Deputy Chief.

[Added 11-22-2021 by Ord. No. 1428]

Position created. The position of Deputy Chief of Police is hereby created. The Deputy Chief of Police shall be a command officer in charge of the Police Division is the absence of the Chief of Police.

Compensation. The Deputy Chief of Police shall receive as compensation such salary as is provided in the Salary Ordinance.[3]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

Appointment. The Deputy Chief of Police shall be appointed by the Mayor.

Qualifications. The Deputy Chief of Police shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.

Compensation.

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.

Longevity pay. Longevity pay shall be provided as stipulated by the bargaining unit in the contract with the bargaining unit.

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.

Duties. The Division shall perform the following duties:

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.

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.

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.

Provide proper police attendance and protection at fires.

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.

Operate a training program to maintain and improve the police efficiency of the members of the Police Division.

Make, administer and enforce rules and regulations for the disposition, conduct and discipline of the Police Division.

Table of organization of Division; workweek.

[Amended 4-23-2018 by Ord. No. 1320]

Table of organization. The regular members of the Division will consist of a Chief, a Deputy Chief, a Captain, four Lieutenants, nine 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.

[Amended 3-8-2021 by Ord. No. 1398; 11-22-2021 by Ord. No. 1428; 8-22-2022 by Ord. No. 1442]

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.

Duties and responsibilities of members of Division.

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]

Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.

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

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

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.

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.

(1a)

Deputy Chief of Police; powers and duties. The Mayor shall appoint a Deputy Chief of Police who shall serve as a command officer in the Police Division and who shall be directly responsible to the Chief of Police. The Deputy Chief shall work with the Chief of Police to maintain and establish the efficiency and routine day-to-day operations of the Police Department.

[Added 11-22-2021 by Ord. No. 1428]

Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.

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

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

Delegate authority as the Deputy Chief necessary for the efficient operation of the force to be exercised under the Police Chief's direction and supervision.

Captain of police. A Captain in the Division shall rank next below the Deputy Chief when the Deputy Chief’s position is filled, otherwise the Captain shall rank next below the Chief of Police. The Captain 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.

[Added 8-22-2022 by Ord. No. 1442[4]]

Editor's Note: This ordinance also renumbered former Subsection G(2) as Subsection G(2)(a).

(2a)

Lieutenant of police. A Lieutenant in the Division shall rank next below the Captain. 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.

[Amended 11-22-2021 by Ord. No. 1428; 8-22-2022 by Ord. No. 1442]

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.

Patrolmen.

Grade. The grade of patrolman in the division shall include all the personnel of the division exclusive of superior officers.

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.

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.

Subject to rules and regulations. Patrolmen shall be governed by the rules and regulations of the division while on regular or special duty.

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]

Rules and regulations.

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."

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.

Detective Bureau.

Bureau created. A Detective Bureau is hereby created within the division which shall consist of Detectives appointed as hereinafter provided.

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.

Appointment.

Detectives shall be appointed by the Chief of Police subject to the approval of the Mayor.

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.

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.

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.

Traffic and Safety Bureau.

Bureau created. The Traffic and Safety Bureau is hereby created within the division.

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.

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.

Duties. The Traffic and Safety Bureau shall be responsible for traffic control and safety within the Township.

Record and Identification Bureau.

Bureau created. The Record and Identification Bureau is hereby created within the division.

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.

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.

Appointment of members; application fees.

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."

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.

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]

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.

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.

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 12 months, beginning with the first day of employment credited for the purposes of pay.

[Amended 7-11-2016 by Ord. No. 1258]

Promotions.

General requirements.

Intent. It is the intent of this section that all promotions to superior and command 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, Captain or a command officer position Deputy Chief 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.

[Amended 11-22-2021 by Ord. No. 1428; 8-22-2022 by Ord. No. 1442]

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.

Eligibility. In order to be eligible for any promotion, candidates must meet all of the criteria and requirements established for such promotion.

Promotion to the rank of Sergeant. Any candidate for promotion for the rank of Sergeant:

Must have completed a total of five years in the rank of patrolman in the division in order to become eligible for such promotion.

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.

Must demonstrate the willingness and ability to carry out administrative duties, supervise and direct subordinates, and respond appropriately to emergency situations.

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.

Promotion to the rank of Lieutenant. Any candidate for promotion for the rank of Lieutenant:

Must have completed a total of two years in the rank of Sergeant in the division in order to become eligible for such promotion. This two-year requirement shall not include any time spent by a candidate as acting Sergeant.

[Amended 11-22-2021 by Ord. No. 1428]

Must have successfully completed a First Line Supervision Course at an accredited police academy.

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.

Must demonstrate the willingness and ability to carry out administrative duties, supervise and direct subordinates, and respond appropriately to emergency situations.

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.

(3a)

Promotion to the rank of Captain. Any candidate for promotion for the rank of Captain:

[Added 8-22-2022 by Ord. No. 1442]

Must have completed a total of one year in the rank of Lieutenant in the division in order to become eligible for such promotion. This one-year requirement shall not include any time spent by a candidate as acting Lieutenant.

Must have knowledge of division rules and regulations, policy and procedures, Township ordinances, Township ordinances that require police action and the New Jersey Code of Criminal Justice.

Must demonstrate a willingness and ability to carry out administrative duties, supervise and direct subordinates, and respond appropriately to emergency situations.

Promotion to Chief of Police.

Any candidate for promotion for the rank of Chief of Police:

Must have completed a total of 10 years as a sworn police officer in the division.

Must have served as Deputy Chief in the division.

[Amended 11-22-2021 by Ord. No. 1428]

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.

Must demonstrate the willingness and ability to carry out administrative duties, supervise and direct subordinates and respond appropriately to emergency situations.

Must have proven ability to plan and direct the activities of a police department.

Must have proven ability to meet and deal with the public in a courteous, tactful and efficient manner.[5]

Editor's Note: Former Subsection O(4)(a)[7] was repealed 11-22-2021 by Ord. No. 1417.

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.

(4a)

Promotion to Deputy Chief of Police.

[Added 11-22-2021 by Ord. No. 1428]

Any candidate for promotion for the rank of Deputy Chief of Police:

Must have completed a total of 10 years as a sworn police officer in the division.

Must have served a minimum of four years as a superior officer in the division, one year as a Lieutenant.

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.

Must demonstrate the willingness and ability to carry out administrative duties, supervise and direct subordinates and respond appropriately to emergency situations.

Must have proven ability to plan and direct the activities of a police department.

Must have proven ability to meet and deal with the public in a courteous, tactful and efficient manner.

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:

Review of personnel file. The Mayor and/or Business Administrator shall review the personnel file and training records of each promotion candidate.

Police Chief evaluation. Each promotion candidate shall be evaluated by the Chief, based on the candidate's career development, job performance and work history.

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:

Job performance.

Leadership skill.

Educational background.

Training.

Demeanor.

Seniority. The seniority of each promotion candidate shall be given due consideration but shall not be dispositive.

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.

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.

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]

Review and retabulation of scored elements of the selection process.

Review any evaluation or internal document that was used in the selection process related to the appellant.

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.

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.

Absences, leaves and vacations. Absences, leaves and vacations of and for members shall be governed by rules and regulations duly adopted by the Council.

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.

School crossing guards.

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.

Compensation. Each crossing guard shall receive as compensation such salary as is provided in the Salary Ordinance.[6]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

Dismissal. All crossing guards shall serve at the pleasure of the Mayor.

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.

Special police

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.

Individuals excluded from appointment.

No member of the police force of the Township shall be appointed as a special law enforcement officer.

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.

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.

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.

Compensation. Special police officers shall receive no compensation except as authorized by the Council.

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:

Is a resident of the State of New Jersey at the time of appointment and throughout the term of appointment.

[Amended 8-22-2022 by Ord. No. 1442]

Is able to read and speak the English language well and intelligently.

Possesses a high school diploma or its equivalent.

Is sound in body and of good health.

Is of good moral character.

Has not been convicted of any offense involving dishonesty or which makes him/her unfit to perform the duties of his/her office.

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.

Shall have fingerprints taken, which fingerprints shall be filed with the New Jersey State Bureau of Investigation and the Federal Bureau of Investigation.

Requirements for special law enforcement officers. Upon appointment, each Township special law enforcement officer shall:

Be a Class II officer as prescribed by the State Police Training Commission.

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.

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.

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.

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.

K-9 Corps.

Creation; purpose. A K-9 Corps is hereby created to assist the Division of Police of the Township on walking and car patrol.

Number of dogs. The number of dogs to be used shall be determined from time to time by the Mayor or Business Administrator.

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.

D.A.R.E. program.

The Drug Abuse Resistance Education (D.A.R.E.) program is an important component of public service in Little Falls.

The duties and functions of the division shall include the participation of two police officers in the D.A.R.E. program.

The Chief shall make the selection of the police officers to be assigned to these functions.

Police medical care provider.

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.

Examination of members and applicants.

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.

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.

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.

Police chaplains.

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.

Compensation. Any appointed chaplain shall receive no compensation.

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.

Assignment of police officers to work for private entities.

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.

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:

Enters into an arrangement with the Township;

Provides a certificate of insurance acceptable to the Business Administrator;

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;

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.

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.

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.

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.

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.

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 organizations.

Joint Communications and Dispatch Center.

[Added 4-23-2018 by Ord. No. 1319]

Communications Officers (COs).

Appointment. The Police Chief and Fire Chief shall interview and select candidates for the position of Communications Officer (CO) in the Township of Little Falls, subject to the approval of the Business Administrator and appointment by the Mayor. Such COs shall serve at the pleasure of the Mayor.

Compensation. Each Communications Officer shall receive as compensation such salary as is provided in the Salary Ordinance.[7]

[7]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

Rules and regulations. Township of Little Falls Communications Officers shall be governed by the rules and regulations of the Division, insofar as they are applicable and consistent with the special duties prescribed for Communications Officers covering police, fire, EMS and emergency management functions. Each CO shall comply also with all other duly prescribed rules and regulations set forth in the Township of Little Falls Personnel Policies and Procedures Manual.

Disciplinary action. The Mayor may adopt rules and regulations specifying offenses of Communications Officers, prescribing penalties therefor and governing the procedure for invoking disciplinary action and conduct of hearings.

The regular members of the Joint Communications and Dispatch Center will consist of a Senior Administrative Communications Officer, and Senior Communication Officers and Communications Officers as shall be appointed from time to time by the Mayor and deemed necessary in order to effectively and efficiently support emergency communications and dispatch for police, fire, EMS and emergency management.

§ 3-7.8 Fire Division.

[Amended 11-22-2021 by Ord. No. 1417]

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 and shall be known as the Little Falls Township Fire Department (Department). Each company is also authorized to carry 10 auxiliary members per company. The Fire Division may employ such officers, firefighters 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.

Each company has ownership of its own Fire House for which the Township pays a rental fee of $5,700 to Company #1, $4,500 to Company #2, $4,500 to Company #3 and $4,500 to Company #4 for storage of municipal apparatus and equipment through the annual municipal budget. The Township will pay for utilities, i.e., gas, electric, land line phones and cable TV and internet for the company-owned fire houses and generator maintenance through the annual municipal budget. The Township provides all firematic apparatus, including the Department Chief's marked vehicle, four marked Assistant Chief's vehicles and various equipment for use by the Fire Department for firefighting purposes. The Township will provide gasoline for all Department vehicles.

Clothing allowance will be provided by the Township and paid to each authorized company as follows:

Clothing allowance to be paid to all active authorized members.
All active authorized members	$700/yr.
Additional officer stipends:
2nd Lieutenant	$250/yr.
1st Lieutenant	$450/yr.
Captain	$650/yr.
Assistant Chief	$1,000/yr.
Chief of the Department	$4,300/yr.

Annually, the Chief of the Department shall certify to the Township the number of active members in each company. The Township shall provide the calculated clothing allowance to each company for distribution to its members and line officers. Any funds not distributed to the members and line officers in accordance with this ordinance shall remain with the company and be utilized for company expenses or initiatives as determined by the executive officers of the company.

The Township, at the request of the company, will provide those insurance coverages integral to the operations of the company under the Townships Master Insurance Program offered by the Joint Insurance Fund.

The National Incident Fire Reporting System (NIFRS) will be prepared and managed by the Fire Official. Monthly reports will be provided to the Department Chief for Department files.

The government and management of the Department shall be according to the constitution, bylaws and rules, which shall be adopted by the Fire Department and approved by the Mayor and governing body, provided the same shall not be inconsistent with the provisions of this chapter, the Township policies and procedures, the rules and regulations for the Department which may be adopted from time to time by the governing body and approved by the Mayor. The Department shall present the current bylaws, rules and regulations for the Department annually to the Township Administrator for approval by the Mayor. Once approved by the Mayor, the Township Council shall by formal resolution approve and adopt the Department bylaws. The adopted bylaws shall be kept on file in the office of the Township Clerk.

Company bylaws shall not be in conflict with the provisions of this chapter, the Township policies and procedures, and the rules and regulations for the Department.

Fire Chief.

Position created. The position of Chief of the Fire Department is hereby created. The Chief of Fire Department (Fire Chief) shall head the Division of Fire and serve under the direction and supervision of the Township Administrator. The Fire Chief shall serve for no more than two consecutive terms. A term shall be defined as three years in accordance with the Department bylaws. The Fire Chief shall be designated 1-0.

Appointment and election. The Fire Chief shall be elected in accordance with the provisions set forth in this section.

Qualifications. The Fire Chief shall be qualified by training, experience and such certifications/licenses as required by statute and the New Jersey Division of Fire Safety for the duties of his office.

Duties. The Fire Chief shall direct and control the operations of the Fire Department at all fire emergencies and have the following duties:

Prescribe standard operating procedures, rules and regulations subject to the review by the Township Administrator, and approval of the Mayor.

Upon arrival at a fire, enter upon and take charge of any buildings involved or endangered. The Chief's authority while directing the Department 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.

Control and be responsible for the care and proper operation of all fire apparatus and equipment.

Purchasing for the Department is administered by the Fire Chief and must comply with the Township purchasing policy and procedures.

Make such recommendations to the Mayor and Administrator for the betterment of the Department as he/she may deem necessary.

Report Department activity to the Administrator monthly, and on an annual basis, the condition of the Department, a record of the fires and the attendance at the fires.

Have the authority to request from any property owner or tenant access to any building for the purpose of conducting a fire pre-plan and walk through in order to protect the members of the Department should they be called upon to enter the building during an emergency.

The Fire Chief shall monitor for sufficiency the local water supply and distribution system as it relates to fire fighting and shall inform the Township Administrator of the conditions found and make recommendations for improvements and increased efficiency of the system as conditions may require.

Establish and maintain a training program for all firefighters in the Department

In case of insubordination on the fire ground or at a firematic event, the Fire Chief may order a temporary suspension of a Department member for a time not to exceed five days. The Fire Chief shall then make a formal report to the Township Administrator. If charges are sustained by the Township Administrator, the suspension will stand as ordered. If the situation requires continued discipline, suspension or termination, the Administrator shall inform the Mayor as to his/her determination. At this time, the Township Labor Counsel shall be advised of the matter and will further investigate the situation. If extended suspension or termination is suggested the action to suspend or expel such member from the Department shall made by formal letter to the member.

Accusations of criminal conduct or activity or inappropriate actions as identified in the Township of Little Falls Personnel Policy Manual will be brought to the attention of the Township Administrator and addressed in accordance with the Township of Little Falls Personnel Policy Manual standards. The affected member shall have the right to grieve the decision by following the grievance policy steps set forth in the Township's Personnel Policy Manual to resolve this dispute.

Removal of Fire Chief. The Mayor or the Administrator may remove the Fire Chief for neglect of office, malfeasance, improper conduct or other cause noted in the Township Personnel Policy Manual after a proper and independent investigation. The Chief may appeal the Decision in accordance with the procedures set forth in the Township's Personal Policy Manual.

Absence of Fire Chief. In the absence of the Fire Chief, the four Assistant Chiefs shall select one of the Assistant Chiefs to temporarily, or otherwise, perform all of the duties of the Fire Chief.

Assistant Chiefs.

Four Assistant Chiefs to be designated as follows:

Company 1 Assistant Chief 5-0.

Company 2 Assistant Chief 2-0.

Company 3 Assistant Chief 3-0.

Company 4 Assistant Chief 4-0.

In the absence of the Fire Chief, the Assistant Chiefs shall perform the following duties:

Direct and control the operations of the Fire Department at all fire emergencies in compliance with the established incident command system and have the following duties:

Upon arrival at a fire, enter upon and take charge of any buildings involved or endangered. The Assistant Chief's authority while directing the Department members at a fire shall be absolute and the Assistant 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.

Control and be responsible for the care and proper operation of all fire apparatus and equipment.

Make such recommendations to the Fire Chief for the betterment of the Department as he/she may deem necessary.

Make such recommendations to the Fire Chief to request from any property owner or tenant access to any building for the purpose of conducting a fire pre-plan and walk through in order to protect the members of the Department should they be called upon to enter the building during an emergency.

Assist the Fire Chief with the training program for the Department.

In case of insubordination on the fire ground or at a firematic event, the Assistant Chief may order a temporary suspension of a department member for a time not to exceed three days. The Assistant Chief shall then make a formal report to the Township Administrator. If charges are sustained by the Township Administrator, the suspension will stand as ordered.

Captains.

The Captain of each company shall notify the Department Fire Chief of any firefighter by July 15, of each year who has not attended the required number of meetings, fires, and training drills during the first six months of the year. The Department Fire Chief shall certify to the Township Administrator, in writing, the name of all firefighters who have not attended the required number of meetings, fires, and training drills during first six months of the year. The Administrator shall thereupon notify the members and the Captains of said companies, in writing, that those member have been placed on guarded status. Each company shall provide its members with a remedial plan to allow them to meet the required standard for membership in good standing over the next six-month period. The member may request the Board of Fire Officers review the attendance record and seek reinstatement to full active membership. If the member is not satisfied with the result before the Board of Fire Officers, the member shall follow the grievance policy steps set forth in the Township's Personnel Policy Manual to resolve this dispute.

Election of officers.

Chief.

In accordance with the provisions of this chapter, the Chief of the Fire Department 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. The Chief may be elected for no more than two consecutive terms.

If there are no willing and qualified candidates to run for Department Chief, at the end of two consecutive terms held by the Department Chief, the Department Chief, completing the second consecutive term, shall be allowed to run for Department Chief for a one-year term with the written approval of the Mayor. The Department Chief elected to a one-year term shall not run for Department Chief against any willing and qualified candidate, who when elected shall serve a three-year term, pursuant to Subsection F(1)(a) above. Should the Department Chief serve for three consecutive one-year terms, that Chief shall be eligible to run for a new three-year term in accordance with Subsection F(1)(a) above.

The Chief shall hold office for a term of three years, which term shall commence on the date of his election at the meeting.

In the event of the death, resignation or removal of the Chief, the membership of the Fire Department 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 for the unexpired term. The remainder of that term shall not count towards the two consecutive terms that a Chief can hold.

If the membership of the Fire Division shall fail to hold the special election, the Assistant Chiefs shall select one of the Assistant Chiefs to act as the Chief of the Department until expiration of the unexpired term.

If the Assistant Chiefs cannot select an Assistant Chief to act as the Chief of the Department and no election to fill the position is held, then the Mayor shall appoint a qualified Department member to fill the unexpired term of the Department Chief.

Assistant Chiefs.

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.

In the event of the death, resignation or removal of an Assistant Chief, the membership of the fire company 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 from that company. The vacancy will be filled by the ratification of the company's choice, with the new Assistant Chief becoming the Assistant Chief from said company for the remainder of the term.

Eligibility.

No person shall be eligible to be Chief of the Fire Division who has not served at least three years as an Assistant Chief, unless no member qualifies for the position, in which case the next three Assistant Chiefs with the most years of Assistant Chief service shall be eligible.

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.

All other officers of the Fire Department must be members in good standing at the time of election and shall be elected in accordance with the provisions of the applicable company and Department bylaws.

No person shall be eligible to be a Department or company line officer who has not served three years as an active fire fighter.

Election under direction of The Township Clerk and the Township Administrator.

The election of all officers of the Fire Division shall be under the direction of the Township Clerk and/or Deputy Clerk, and the Township Administrator, and the election shall be by secret written ballot. The 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 in maintaining an orderly and accurate voting process.

No member of the Fire Department shall be eligible to vote unless they have served at least six months as an active member of the Department.

The results of any election shall be reported to the governing body by the Township Clerk at the next Township Council Meeting.

Rejection by the Mayor.

The Mayor may reject any person who has been elected Chief or Assistant Chief for cause.

In the event of rejection of the officer as provided herein, the membership of the Fire Department shall hold a special election on the second Thursday next following the date of the rejection by the Mayor and shall elect in accordance with the terms hereof another person to fill the office of the persons rejected by the Mayor. If the membership of the Fire Department shall fail to hold the special election, then, and in that event, the Mayor, shall fill and appoint a qualified member to the unexpired term of office.

Board of Fire Officers.

Composition. The Department Chief and the four Assistant Chiefs shall constitute a Board of Fire Officers. The Captains of each company shall serve as alternates to the Board. If an Assistant Chief is unable to attend a meeting of the Board, the Captain of the respective company shall attend and vote as an alternate member. The Board of Fire Officers shall meet at least once in each quarter. The Board will be primarily responsible for framing the ongoing vision of the Township's emergency fire response system. The Board will serve to ensure transparency and coordinate with the Township Administration to develop recommendations for a plan to maintain the fire response system in the Township of Little Falls. The Board of Fire Officers shall advise and consult with the Fire Chief on matters affecting the welfare and morale of the Department members.

Presiding officer. The Department Chief shall be the presiding officer and designate one of the members of the Board to act as secretary and keep minutes of the meetings.

The minutes of the meetings of the Board of Fire Officers will be maintained as permanent record of the Fire Department. A copy of said record shall be forwarded to the Township Clerk to keep on file as a permanent record of the Township.

Company officers.

Election of officers. 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 a member in good standing and meet the eligibility requirements established by the Department and company bylaws at the time of the election, and report the result of the election to the Chief and the President of the Department at the annual Department meeting. Company officers terms shall commence the second Thursday in December and run until the following tear's second Thursday in December.

Duties of Captain.

The Captain of each company shall have full charge of the company, apparatus and equipment under the direction of the Company Chief and shall keep records of fires, drills, and attendance of its members at all meetings, drills, training and fire calls and furnish the Department Chief with a copy on or before the 15th of the following month.

The Captain shall by November 15th of each year furnish the Department 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 Department.

Duties of Lieutenants. The Lieutenants shall assist the Captain and in the Captain's absence assume the duties of the Captain.

Membership.

Composition. The 100 authorized members of the Department shall be the active members of the four companies, each of which may admit new members, in accordance with the authorized strength defined herein, according to each company's bylaws, to the extent that the bylaws do not conflict with this section. The Department may also carry up to 40 auxiliary members, 10 from each company.

Compensation. The member may receive such compensation for extraordinary services rendered as is provided by the Mayor and governing body.

Eligibility and qualifications.

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 when accepted as a member of a company.

Each applicant shall file a written application in duplicate on a form to be provided by the Department, one copy of which shall be filed with the Township Clerk who shall maintain a list of members of the Little Falls Fire Department. Once the applicant has been accepted as a member of the company, the company secretary will provide a letter to the Township Clerk stating that the member has been accepted along with the effective date of membership.

Each application shall be accompanied by a certificate from the health care provider clearing the applicant for attendance at the Fire Academy or fire and certifying that the health care provider has examined the applicant and is of the opinion that the applicant is physically fit to perform the duties of a fire fighter.

All applicants must obtain and maintain a Firefighter 1 certificate from the New Jersey Division within two years of becoming an auxiliary member.

All members must comply with Department training requirements established by the Department Chief. The Division training requirements shall be sent to the Township Administrator for approval.

To remain a member of the Fire Department, a member shall be in good standing in accordance with the approved bylaws of the fire company to which the member belongs. Each member shall be afforded the opportunity to be a member in good standing by attending and participating at company meetings and training drills.

A member who resigns or is expelled from a particular company may join another company if approved by the members of the other Fire Company in accordance with their bylaws. The Board of Fire Officers may review the decision made by the company accepting the member only in terms of allocating the proper manpower in order to keep each company viable for fire response. This decision may be appealed to the Township Administrator by the company accepting the new member. The decision of the Administrator shall be final and not subject to appeal.

No member shall be permitted to transfer from one company to another unless the transfer shall be acceptable to both companies involved. The Board of Fire Officers may review the decision made by the company accepting the member only in terms of allocating the proper manpower in order to keep each company viable for fire response. This decision may be appealed to the Township Administrator by the company accepting the new member. The decision of the Administrator shall be final and not subject to appeal.

Duties.

Upon an alarm of fire or emergency, it shall be the duty of the members of the Department to report immediately to their respective firehouses and convey their apparatus to the place of the fire or emergency, or report directly to the fire or emergency if the apparatus has already left, and perform any duty that may be required of them by the officer in charge at the scene. They shall remain on duty until relieved by order of the Chief.

Auxiliary firefighters. A firefighter's auxiliary to the Fire Department is hereby established, which shall be subject to the following provisions:

Each auxiliary firefighter shall be at least 18 years old and assigned to one of the four fire companies in the Township.

Auxiliary firefighters shall have no voting powers nor hold any offices within the Fire Department.

The status and assignment of auxiliary firefighters shall be under the control of the applicable fire company Captains and Company Chief.

Auxiliary firefighters will have no seniority and will have no line number in the Fire Department.

Auxiliary firefighters shall, based upon their level of ability and training, participate at all company meetings, training drills, and wash nights and at fires and emergencies scenes at the direction of their company officers.

Any auxiliary firefighter who wishes to move to active membership must complete all requirements established by the applicable fire company bylaws and Fire Department bylaws.

Deputy Chief position established.

The position of Deputy Chief is hereby established in the Department. A Department Chief having served at least four terms may be considered by the Department for the position of Deputy Chief, with the designation 6-0. At the annual meeting of the members to be held on the second Thursday of December, a qualifying Department Chief shall be elected by the active membership of the Department to the honorary position of Deputy Chief by a two-thirds vote of the eligible active voting members.

The Deputy Chief shall function in the command role at the scene of an emergency, in compliance with the Incident Command System.

Exempt certificates.

Each member of the Department who has performed in accordance with the New Jersey Statutes covering exempt firefighters certificates for seven years shall be entitled to an exempt certificate in compliance with the New Jersey Statutes 40A:14-56 et al. thereof, signed by the Mayor, the Township Clerk and the Department 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 Department. Copy of each members exempt certificate shall be filed with the Township Clerk.

Interference with Fire Department.

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 Township of Little Falls Fire Department or any fire company.

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 without approval of the Department Chief and notification by the Department Chief to the Township Administrator.

Junior Firefighter's Auxiliary. A Junior Firefighter's Auxiliary to the Fire Department is hereby created and shall be subject to the following provisions:

Each junior firefighter shall be at least 14 years old, but not more than 18 years old, and assigned to one of the four fire companies in the Township.

Junior firefighters shall have no voting powers nor hold any offices in the Fire Department.

The use of junior firefighters for any task within the Fire Department shall be governed by the applicable state laws, regulations and/or guidelines.

Junior firefighters shall be under the control and direction of the fire company Captains and Chief.

Applicants must be residents of the Township, complete the standard application form and have a medical examination completed by the Township.

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 disciplinary action or dismissal after evaluation by the Board of Fire Officers, who shall have final authority as to the dismissal of said junior firefighter.

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).

Junior firefighter activities and participation shall be governed by the applicable Township of Little Falls Fire Department.

The Fire Department 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.

Junior firefighters may respond to alarms only under direct supervision and be permitted to assist in Fire Department operations. They shall not be permitted to drive any fire apparatus.

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.

LOSAP. Emergency Services Volunteer Defined Contribution Program.

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 Department.

The program shall provide for annual contributions to a deferred income account for each active volunteer member of the aforesaid emergency 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.

The proposed estimated total amount to be budgeted for the program shall be $115,000, based upon a maximum of 100 qualifying volunteers.

The proposed maximum annual Township contribution for an active volunteer shall be $1,350. 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.

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.

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.

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 point each.

Fire Calls	Earned Points
50	15
100	30
150	45
200	60

Annual twenty-four-point maximum for activities as detailed below:

Activities	Points Per	Max Yearly Points
Company 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.

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

Percentage of maximum annual contributions to be paid based upon points accumulated annually.

Points Accumulated Annually	Percentage 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%

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.

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.

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.

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; amended 4-23-2018 by Ord. No. 1318; 7-12-2021 by Ord. No. 1414]

Township of Little Falls Emergency Medical Service.

The Township of Little Falls Emergency Medical Service is hereby created and established as a division of the Township.

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:

DIRECTIVE

A document detailing the performance of a specific activity or method of operation. "Directive" includes:

GENERAL ORDERBroadly based directive dealing with policy and procedure and affecting one or more organizational subdivisions of the Emergency Medical Service.

PERSONNEL ORDERA directive initiating and announcing a change in the assignment, rank, or status of personnel.

EMERGENCY MEDICAL SERVICE COORDINATOR

SPECIAL ORDERA directive dealing with a specific circumstance or event that is usually self-canceling.

EMS Coordinator is required at minimum to hold valid Emergency Medical Technician-Basic certification as set forth at N.J.A.C. 8:40A, Classification Responsibilities: An Emergency Medical Services (EMS) Coordinator is responsible for analyzing, planning, designing, implementing, and administering EMS programs as well as billing for care and other department-wide and community-oriented programs. EMS Coordinators research and analyze current and future medical and EMS issues and trends to ensure the provision of quality medical services in the Township of Little Falls. The EMS Coordinator is responsible to review patient care charts to ensure proper care and procedures have been followed by the assigned EMT.

EMERGENCY MEDICAL SERVICE DIVISION

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.

EMERGENCY MEDICAL TECHNICIAN

"Emergency Medical Technician-Basic" or "EMT-Basic" means a person trained in basic life support care and validly certified or recognized by the Commissioner in accordance with the standards for Emergency Medical Technician-Basic certification as set forth at N.J.A.C. 8:40A.

EMT EMPLOYEE

A person who performs in the capacity of an emergency medical technician not more than 24 hours per week. "Basic life support" or "BLS" means a basic level of prehospital care that includes patient stabilization, airway clearance and maintenance, cardiopulmonary resuscitation (CPR) (to the level of the Professional Rescuer or Health Care Provider as issued by either the American Heart Association, the American Red Cross, the National Safety Council or other entity determined by the Department to comply with AHA CPR Guidelines), hemorrhage control, initial wound care, fracture stabilization, victim extrication and other techniques and procedures as defined in the United States Department of Transportation (U.S.D.O.T.) EMT-Basic National Standards Curriculum.

MAY/SHOULD

The action indicated is permitted.

MEDICAL DIRECTOR

Within the Emergency Medical Service, a medical director is 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 of performing emergency medical service activities. Procedures are implemented through policies and directives.

SHALL/WILL

The action indicated is mandatory.

SUPERVISOR (CREW CHIEF)

An 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.

Division created. Within the Department of Administration, there is hereby created a Division of Emergency Medical Service.

Chief of the Division of Emergency Medical Services.

Position created. The position of EMS Coordinator is hereby created. The EMS Coordinator shall head the Division of Emergency Medical Service and serve under the direction and supervision of the Township Administrator and the Medical Director.

The EMS Coordinator will be an employee subject to all requirements, allowances and regulations of such employees set forth in the Township Personnel Policy Manual and Township Code.

The appointee shall serve a probationary period of six months.

Compensation. The EMS Program Coordinator will be compensated at a yearly rate established by the Mayor.

Medical Director.

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.

Appointment. The Medical Director shall be appointed by the Mayor.

Employees. 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 Township Administrator with authority of the Mayor. The EMS Coordinator and all EMTs must hold a valid New Jersey or national EMT certification.

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:

All applicants for membership shall be between the age of 18 and the state maximum permitted. 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.

Be subject to a criminal background check and have no prior convictions for any offense or crime.

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.

Be subject to preemployment and random drug testing.

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 may occur upon certification being reinstated.

Possess a valid New Jersey driver's license.

Compensation. All EMS employees will be compensated at a hourly rate of pay established by the Mayor.

Application and approval for employment.

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.

Emergency Medical Service composition. The active roster of the Emergency Medical Service shall be comprised of as many EMTs as needed to meet the scheduling requirement and maintain the operations of the Emergency Medical Service.

Executive Board.

Composition of Board; control of the Emergency Medical Service.

The EMS Coordinator, the Medical Director, and the Mayor or his designee shall constitute the Executive Board. The Board shall meet as needed for the transaction of Emergency Medical Service business.

The EMS Board will be primarily responsible for framing the ongoing vision of the Township's EMS system. The Board will serve to ensure transparency and coordinate with EMS Administration to develop recommendations for a plan to maintain the EMS system in the Township of Little Falls.

Operations.

The EMS Coordinator will function as the head of the Division of Emergency Medical Service. Pursuant to municipal ordinance, the EMS Coordinator 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 Township of Little Falls:

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 Township Administrator.

Prepare and submit the annual budget and proposed expenditure programs to the Township Administrator.

Records maintained. The EMS Coordinator shall see that timely and accurate records are kept of all responses to calls for service, training, attendance, certifications, and any other records required by the state, Township, or other authorized agency.

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 EMS Coordinator and Township Administrator for review. The EMS Coordinator and Township Administrator will review the qualifications of all interested members. The EMS Coordinator and Township Administrator may conduct interviews to establish facts, such as available time and management skills. The EMS Coordinator and Township Administrator shall make recommendations to the Mayor. The Mayor will appoint the EMS Crew Chiefs.

Policy for emergency medical services billing.

Purpose.

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.

No person requiring emergency medical services shall be denied services due to a lack of insurance or ability to pay.

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.

Billing for service.

The Little Falls Emergency Medical Service (the "program") shall obtain licensure from the New Jersey State Department of Health.

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").

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.

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.

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.

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.

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.

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.

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.

Procedure for third-party emergency medical services billing.

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:

The 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.

Neither the billing agency nor any of its employees are subject to exclusion from any state or federal health care program.

The billing agency is bonded and/or insured in amounts satisfactory to the Township of Little Falls.

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:

Name, address and telephone number of patients.

Name, address and claim number of insurance carrier, if applicable.

Date, time and EMS chart number.

Point of origin and destination.

Odometer reading at point of pick up and destination.

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 decision maker.

[9]

Name of receiving physician.

[10]

Names, titles and signatures of ambulance personnel, when possible.

The third-party billing agency shall obtain the information from the Emergency Medical Service and will bill the patient and/or their 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.

The fees for emergency medical services shall be authorized by the Mayor annually and kept on file in the office of the Township Clerk and the EMS Coordinator.

The Mayor shall review the fees for services listed in Subsection E(3)(d) above annually and adjust said fees based on the recommendation of the Township Administrator, the EMS Program Coordinator and the Township Financial Officer and in accordance with the federally approved Medicare fee schedule.

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.

Office created. Within the Department of Administration there shall be an Office of Emergency Management.

The Office of Emergency Management, as heretofore established by ordinance pursuant to general law, is hereby continued.

§ 3-7.10 Division of Health.

Division created. Within the Department of Administration there shall be a Division of Health.

Public Health Officer.

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.

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.

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

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.

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.

Duties and responsibilities. Under the supervision of the Public Health Officer, the division shall:

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.

Plan, administer and enforce a comprehensive public health program in accordance with the public health laws of the State of New Jersey.

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.

Administer and enforce the public health laws of the State of New Jersey and public health ordinances of the Township.

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.

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.

Administer a public health nursing program to assist in the performance of the functions and activities of the division as required.

Sanitary Health Inspector.

Position created. The position of Sanitary Health Inspector is hereby created.

Compensation. The Sanitary Health Inspector shall receive as compensation such salary as is provided in the Salary Ordinance.

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.

Qualifications. Prior to his appointment, the Sanitary Health Inspector shall be duly qualified and hold a license as a health officer under state law.

Duties and responsibilities. Under the supervision of the Public Health Officer, the Sanitary Health Inspector shall:

Conduct and administer sanitary inspections as required for the enforcement of housing occupancy laws and ordinances applicable to the Township.

Make inspections under and enforce laws and ordinances regulating sanitation in food establishments, meat and meat products, poultry and poultry markets pursuant to law.

Administer, through a Dog Warden, any dog control ordinances of the Township.

Consolidate and coordinate such additional regulatory inspections and services of the division as may be prescribed by the Public Health Officer.

Township Physician.

Position created. The position of Township Physician is hereby created.

Compensation. The Township Physician shall receive as compensation such salary as is provided in the Salary Ordinance.[2]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

Appointment. The Township Physician shall be appointed by the Mayor, and the term of his office shall be one year.

Qualifications. The Township Physician shall be duly qualified and hold a license to practice medicine as required by state law.

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.

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.

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.

Local Assistance Director.

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.

Compensation. The Local Assistance Director shall receive as compensation such salary as is provided in the Salary Ordinance.

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.

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.

Duties and responsibilities. Under the direct supervision of the Local Assistance Board, the Division shall:

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.

Provide or arrange for shelter and custodial care to dependent and homeless men, women and children.

Enter into and perform cooperative agreements with voluntary charitable organizations and services to effectuate its other functions under this section.

Provide related social services, such as domestic relations counseling, investigation of paternity cases, indigent burials and other public welfare activities.

Cooperate with other public agencies and institutions and with voluntary institutions in the certification of medically indigent patients for care and treatment.

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.

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.

[Amended 5-7-2012 by Ord. No. 1154; 8-8-2016 by Ord. No. 1262]

Division created. Within the Department of Administration, there shall be a Division of Recreation.

Recreation Director.

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 of Administration.

Compensation. The Recreation Director shall receive as compensation such salary as is provided in the Salary Ordinance.[1]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

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.

Qualifications. The Recreation Director shall be qualified by training, experience and such certifications/licenses as required by statute for the duties of his office.

Duties and responsibilities. Under the direct supervision of the Recreation Director, the Division shall:

Administer and operate the playgrounds and fields and facilities for indoor and outdoor sports, athletic and recreational programs and activities for children and adults.

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.

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.

Prepare and submit an annual budget, subject to the approval of the Mayor.

Operate and promote the Township's recreational and park programs.

Promote a safe environment for recreation and park programs and facilities.

Manage and inspect all recreational facilities. The Director will make the sole determination as to whether fields are safe for play due to weather. His decision is final and binding on all participants.

Manage, inspect and maintain in good order all recreational equipment and services.

Inform residents of all recreational programs.

Recommend and screen all potential program directors, league directors and coaches for approval by the Township Administrator, to ensure the promotion of a fair, safe and unbiased playing and coaching environment.

Supervise all recreation and park employees.

(12)

Supervise all program directors, league directors, coaches and other volunteers.

(13)

Attend all meetings of the Township Council.

(14)

Submit to the Township Administrator rules and regulations applicable in programming and use of parks and recreational facilities, provided that such rules and regulations are subject to the approval of the Mayor and Council.

(15)

Cause all programs and volunteers to be in compliance with background checks or credential programs, as may be in effect by Township ordinance from time to time.

(16)

At each regular monthly meeting of the Township Council, report the status of recreation programming and park facilities and such other matters as the Council may request.

(17)

Ensure compliance with the Township's Code of Conduct by effectively communicating and by enforcing the code as appropriate.

(18)

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.

Code of Conduct.

Enforcement. The Recreation Director, an employee of the Township, is hereby directed to review all behavior at events at which teams or individuals participate under the auspices of the Township of Little Falls Recreation Department, including events outside the Township of Little Falls, and to make every effort to ensure that all behavior at said events complies with the Code of Conduct established by this section. The Director is further authorized to take all steps necessary to enforce said code and to impose appropriate penalties, as described herein.

Compliance with Code of Conduct. Every participant, parent, guest, spectator, coach, or official attending or participating in any manner in any recreational activity, conducted under the auspices of the Township of Little Falls Recreation Department, shall comply with the Code of Conduct as described herein. The Code of Conduct will be applicable whether or not the event occurs within the Township of Little Falls, provided it is conducted under the auspices of the Little Falls Recreation Department. Without limitation, the following conduct is prohibited and shall be considered a violation of the code:

Fights, scuffles, aggressive verbal arguments, and threats. Initiating a fight, scuffle, aggressive verbal argument or any type of physical altercation or abuse, or threats of abuse, towards any participant, parent, guest, spectator, coach, or official.

Interference with recreational activities. Interfering with recreational activities, including, but not limited to, entering the field of play, court, or rink during any youth sporting event for the purpose of physically or verbally abusing or confronting coaches.

Use of obscene or profane language. Using obscene or profane language, or verbally abusing an official, player, or spectator, which abuse shall be deemed to include the use of obscene or profane language, gestures, or racial, ethnic or sexual slurs.

Throwing objects onto the field of play. Throwing or causing to be deposited any object onto the field of play, court, or rink.

Bullying, harassment or other forms of aggressive behavior. Bullying, harassing, or exhibiting other forms of aggressive behavior.

Aggressive physical contact with participants. Having aggressive physical contact with recreation participants, including, but limited to, hitting, kicking, pushing or other forms of aggressive physical contact.

All other detrimental behavior. Other behavior which may be determined by the Director to be inappropriate and detrimental to the youthful participants shall include, but not be limited to, encouraging youthful participants to engage in prohibited activity or inappropriate activity.

Refusing to follow the order of officials. Parents, coaches, spectators, and all other parties at any recreation event must comply with the requests and demands of all field officials, including appointed league officials. Such authority shall include the authorization to direct any person or persons to immediately remove themselves from the premises.

No one other than the Township Department of Public Works or its authorized vendors shall maintain or make any changes, adjustments, improvements or alterations to any recreation or park facility in the Township of Little Falls.

Social media policy.

There are three basic beliefs that apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow volunteers, parents, coaches, spectators, and all other parties at any recreation event, or people who work on behalf of the Township's legitimate business interests may result in disciplinary action up to and including termination.

Inappropriate postings, which may include discriminatory remarks, harassment, and threats of violence, or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

Always be fair and courteous to fellow volunteers, parents, coaches, spectators, and all other parties at any recreation event, people who work on behalf of the Township's legitimate business interests. If you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparages fellow volunteers, parents, coaches, spectators, and all other parties at any recreation event, or people who work on behalf of the Township's legitimate business interests, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion, or any other status protected by law or company policy.

Make sure you are always honest and accurate when posting information or news; and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about the Township, fellow volunteers, parents, coaches, spectators, and all other parties at any recreation event, people who work on behalf of the Township's legitimate business interests.

Post only appropriate and respectful content.

[a]

Express only your personal opinions. Never represent yourself as a spokesperson for the Township. If the Township or any of its officials or employees are a subject of the content you are creating, be clear and open about the fact that your views do not represent those of the Township, fellow associates, members, customers, suppliers, or people working on behalf of the Township. If you do publish a blog or post online related to the work you do or subjects associated with the Township, make it clear that you are not speaking on behalf of Township. It is best to include a disclaimer such as "The postings on this site are my own and do not necessarily reflect the views of Township."

Retaliation is prohibited. The Township specifically prohibits taking negative action against any associate for reporting a possible deviation from this policy or cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.

Violation of Code of Conduct. Any and all allegations, claims, or charges regarding violations of the Code of Conduct may be presented to the Director or the Code of Conduct Committee. The Director or the Code of Conduct Committee may also initiate an investigation of conduct that may constitute a violation of the Code of Conduct. The Director may refer an alleged Code of Conduct violation to the Code of Conduct Committee for review. No complaint needs to be filed in order for the Director to take action. The Director shall keep a log of all complaints filed. Based on the severity of the Code of Conduct violation, the Director may ban or issue a suspension for a period not to exceed six months, in the sole discretion of the Director, up to and including a permanent ban; except that any suspension issued by the Director in excess of three months requires the approval of the Township Administrator. The Director and the Township Administrator are authorized to establish an appropriate set of procedures through rules and regulations for the investigation, enforcement, and imposition of any appropriate penalties, provided that such rules and regulations are subject to the approval of the Mayor and Council. Any individual who is subject to sanction pursuant to this § 3-7.12D shall not have the right to reserve the use of Township park facilities for the purpose of programs or activities involving Township youth until such sanction has expired or terminates.

Repeated violations. Any person suspended from recreation activities for a violation of any Code of Conduct provision for a period of one game or more shall be permanently banned for any second Code of Conduct violation.

Appeals from decisions related to the Code of Conduct.

In the event the Director has imposed a penalty which includes suspension and a ban from attendance at recreation activities, the individual who has been suspended or banned for less than three months may appeal such action to the Mayor. Any such individual must file a written notice with the Township Administrator within 10 days after receipt of written notice of suspension or ban.

In the event that the Director has imposed a penalty which includes a suspension and ban from attendance at recreation activities for more than three months, the individual who has been suspended may appeal this decision to the Township Council. Any individual suspended for more than three months, desiring to appeal the suspension, must file a written notice of appeal with the Township Clerk within 10 days after receipt of written notice of the suspension. The Council shall establish whatever procedures it deems appropriate for it to review the matter and shall be authorized to make a determination regarding the appropriateness of a penalty, should a penalty be authorized.

Criminal history background checks.

Criminal history background checks required. Criminal history background checks of any person with unsupervised direct access to minors involved in any youth-serving recreation organization shall be authorized and may be required as a condition of using the Township of Little Falls facilities.

CRIMINAL HISTORY RECORD BACKGROUND

Definitions. For the purposes of this Subsection E, the following words and terms shall have the following meanings:

AUTHORIZED VENDOR

A vendor which is authorized by the State of New Jersey to conduct criminal history record background checks.

CO-SPONSORED

Township provision of funding or facilities, including maintenance of facilities.

A determination of whether a person has a criminal record by cross-referencing that person's records with those on file with the Federal Bureau of Investigation Identification Division and the State Bureau of Identification in the Division of State Police.

DEPARTMENT

The Township of Little Falls Police Department.

SPONSORED

Recreation run directly by the Township of Little Falls Recreation Department, including oversight, control and/or fiscal contribution.

SUPERVISED

To have the direction and oversight of the performance of others.

UNSUPERVISED

Not supervised or under constant observation.

VOLUNTEER

Any person involved with a Township of Little Falls sponsored or co-sponsored sports program or league who has regular, unsupervised direct access to minors as a result of a minor's involvement with the organization.

YOUTH-SERVING RECREATION ORGANIZATION or ORGANIZATION

A corporation, association or other organization, including those with nonprofit status, which provides recreation-related activities or services for persons younger than 18 years of age in connection with Township of Little Falls sponsored or co-sponsored sports programs or leagues. It includes the following organizations, but not limited thereto:

Little Falls Athletic Club.

Little Falls Football Parents Association.

Little Falls Sports Club.

Little Falls Jolly Seniors.

Little Falls Municipal Alliance.

Little Falls Garden Club.

Little Falls Scouting Organizations.

Little Falls Jr. Women's Club.

Little Falls Biz.

Little Falls ABC.

Requests for criminal background checks and costs.

The Township requires that all employees and volunteers of a youth-serving recreation organization request through the Department that the State Bureau of Identification in the Division of State Police or an authorized vendor conduct a criminal history record background check on each prospective and current employee or volunteer of the organization. All employees and volunteers of youth-serving organizations and all recreation coaches shall have a satisfactory criminal history background check prior to the start of the activity for which the criminal history background check is required.

The Township shall conduct a criminal history record background check only upon receipt of the written consent for the check from the prospective or current person with direct, unsupervised access to minors.

The Township shall bear the costs associated with conducting a criminal history background check.

The Division of State Police or authorized vendor shall inform the Department directly whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in Subsection E(4) of this section. Any information received by the Department shall be confidential.

Any person who, by virtue of his/her occupation, is required by statute to undergo a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirement hereunder until two years have elapsed since the most-current background check.

Notwithstanding any provision herein to the contrary, the Township may also contract with a youth-serving recreation organization, and the organization will conduct the criminal history background checks in accordance with the provisions of this section.

Conditions under which a person is disqualified from service. A person may be disqualified from serving as an employee or volunteer of a youth-serving recreation organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:

In New Jersey, any crime or disorderly persons' offense:

Involving danger to the person, meaning those crimes and disorderly persons' offenses set forth in N.J.S.A. 2C:11-1 et seq., such as criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment, threats, and stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C:15-1 et seq., such as robbery;

Against the family, children or incompetents, meaning those crimes and disorderly persons' offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering the welfare of a child;

Involving theft, as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;

Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey statutes, except Paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10, possession of 50 grams or less of marijuana.

In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons' offenses described in this section.

Submission/exchange of background information. A prospective or current employee or volunteer of a youth-serving recreation organization shall submit his or her application and written consent to the Department for the criminal history record background check to be performed. The organization shall submit this documentation to the Department through the Chief of Police, who shall cause the background check to be conducted and refer the information to the State Police and FBI or the authorized vendor for the initial check. Thereafter, all subsequent background checks shall be submitted to the Chief of Police, who shall coordinate a background check every two years after the date of the initial check. Notwithstanding any provision herein to the contrary, the Township may also contract with a youth-serving recreation organization, and the organization may conduct the criminal history background checks in accordance with the provisions of this section.

Limitations on access and use of criminal history record information.

Access to criminal history record information for non-criminal-justice purposes, including licensing and employment, is restricted to the members of the Department as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance, or resolution regarding obtaining and disseminating of criminal history record information obtained under this section.

Criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given, and it shall not be disseminated to any unauthorized persons or entities. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.

Challenge of accuracy of report.

If a criminal history record may disqualify an employee or volunteer for any purpose, the employee or volunteer shall be provided with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The employee or volunteer shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record. The Department shall coordinate between the employee or volunteer and the Division of State Police or the authorized vendor any such opportunity to complete or challenge the accuracy of the information contained in the criminal history record.

No person or entity shall be held liable in any civil criminal action brought by any party based on any written notification on file with the Police Department pursuant to the provisions of this section.

Notification of subsequent disqualifying offense. If an employee or volunteer is convicted of a disqualifying crime or offense as specified in Subsection E(4) hereof after such person has cleared the required background check, such person must immediately (but no later than three days after such conviction) notify the Township Administrator of that fact. Such person shall be immediately disqualified from his or her position.

Violation and penalties. Failure to comply with this section may result in the Township withholding funding for the program or league and/or prohibiting the use of Township facilities.

Certification. All program directors and coaches shall attend courses or programs in safety protocols and become certified in accordance with New Jersey statute and regulation. The Division of Recreation shall maintain a listing of approved programs and shall provide same to program directors and coaches. All coaches must be certified by no later than 30 days prior to the commencement of the season in which they are participating. Nothing in this section shall affect the obligation of volunteer coaches to have satisfactory background checks and any other federal, state or municipal requirements.

[Amended 6-25-2018 by Ord. No. 1328]

§ 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.

Position created. The position of Judge of the Municipal Court is hereby created.

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.

Compensation. The Judge of the Municipal Court shall receive as compensation such salary as is provided in the Salary Ordinance.

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.

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.

Position created. The position of Municipal Court Administrator is hereby created.

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.

Compensation. The Municipal Court Administrator shall receive as compensation such salary as is provided in the Salary Ordinance.[1]

Editor's Note: The Annual Salary Ordinance is on file in the Township municipal offices.

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.

Powers and duties. The Municipal Court Administrator shall have the following powers and duties:

Carry out the rules, regulations, policies and procedures relating to the operation of the Court.

Interview and speak to prospective complaints; receive complaints and disperse information relating to Court matters.

Maintain the financial records of the Court.

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.

Take and prepare bail bonds, making inquiry as to their sufficiency and equity; receive and account for fines and costs.

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.

Position created. The position of Deputy Municipal Court Administrator/Violations Clerk is hereby created.

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.

Compensation. The Deputy Municipal Court Administrator/Violations Clerk shall receive as compensation such salary as is provided in the Salary Ordinance.

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.

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.

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.

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:

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

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.

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.

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 (Reserved) [1]

Editor’s Note: Former § 3-9.4, Division personnel, was repealed 12-16-2019 by Ord. No. 1376.

§ 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.

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.

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.

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.

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.

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.

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.

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.

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]

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.

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.

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:

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.

A copy of the written charges shall be served upon the department or division head.

A hearing shall be scheduled on the charges no sooner than 10 nor later than 30 days after service of the charges.

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.

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.

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.

[Amended 7-11-2016 by Ord. No. 1260]

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

Employment designation. There are hereby established the employment designations as set forth in Column 1 of Schedule A.[1]

Editor's Note: Schedule A is on file in the Township offices.

Compensation ranges. The compensation of the holder of the employment designation set forth in Column 1 of Schedule A may be increased or decreased by resolution adopted by the Council. The compensation shall be within the range set forth in Column 2 of Schedule A, but nothing contained herein shall be construed as automatically increasing or decreasing the compensation of the officers and employees of the Township existing at the date of enactment of this chapter or at any subsequent date unless specifically authorized by the Council.

§ 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.

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.

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.

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:

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.

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.

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.

Pursuant to the Charter:

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.

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.

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.

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.

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.).

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

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.

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.

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.

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.

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.

Terms. Commissioners shall be appointed for terms of three years and until the appointment and qualification of their successors.

Compensation. Commission members shall serve without compensation.

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.

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.

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.

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.

Records and annual report. The Environmental Commission shall keep records of its meetings and activities and make an annual report to the Mayor.

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.

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.

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.

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.

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.

Local Historian.

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.

Appointment. The Local Historian shall be appointed by the Mayor with the advice and consent of the Township Council.

Term. The Local Historian shall serve for a three-year term.

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.

Powers and responsibilities. The Local Historian shall have the following powers and responsibilities:

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.

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.

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.

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.

The Local Historian shall assist in projects of commemoration, including the erection of monuments, historic markers and guide signs.

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.

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.

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.

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.

Municipal Alliance Coordinator.

Position created. The position of Municipal Alliance Coordinator is hereby created.

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.

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.

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.

Powers and duties. The duties of the Coordinator shall include but not be limited to:

Implementation of orders and directives of the Municipal Alliance Executive Committee;

Implementation of the policies established by the Municipal Alliance Executive Committee;

Maintenance of financial, purchasing and other records related to the business affairs of the LFMA;

Submission of a monthly report to the Municipal Alliance Executive Committee.

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.

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.

Expenditures.

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.

All purchasing activities of the LFMA shall be within the requirement of the Public Bidding Laws of the State of New Jersey.

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.

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.

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.

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.

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.

Annual grant agreement. The annual grant agreement will be submitted to the Township Council for its consideration and appropriate disposition.

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.

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.

Bylaws. The Committee shall annually adopt bylaws.

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.

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.

Monthly reports. The Coordinator shall prepare monthly reports to be submitted to the Municipal Alliance Executive Committee with a copy to the Township Council.

Conflict of interest.

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.

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.

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]

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.

Creation. A Shade Tree Commission is hereby created in the Township of Little Falls.

Membership. The Shade Tree Commission shall consist of seven members plus two alternate members.

Appointment. The members of the Shade Tree Commission shall be appointed by the Mayor.

Term. The terms of office for Shade Tree Commission members shall be as provided by state statute.

Vacancies. Any vacancy occurring by reason of death, resignation or removal shall be filled by the Mayor for the unexpired term.

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.

Meetings. The Commission shall meet at least once a month on a day and time selected by the Commission.

Powers of Commission. The Commission shall have the power to:

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.

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.

Move or require the removal of any tree of part thereof dangerous to public safety.

Care for and control the aforesaid parks and parkways, and encourage arboriculture.

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.

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.

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.

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.

Editor's Note: See Ch. 261, Trees, of this Code.