[Adopted 12-9-2003 by Ord. No. 0221]
An interlocal services agreement entitled “Agreement
Between the Townships of Pilesgrove, Alloway and Upper Pittsgrove
to Establish the Pilesgrove/Upper Pittsgrove/Alloway Joint Municipal
Court,” hereafter referred to as “said agreement,”
which agreement is on file in the office of the Municipal Clerk, Pilesgrove
Municipal Building, 1180 Route 40, Pilesgrove, New Jersey and available
for public inspection between 8:30 a.m. and 4:00 p.m. Monday through
Friday, is hereby authorized to be entered into by the Township of
Pilesgrove, and the Mayor and Township Clerk are authorized to sign
same as evidence of this authorization.
By this article and said agreement, and by similar
ordinances adopted by the Townships of Upper Pittsgrove and Alloway,
there is established a single Pilesgrove/Upper Pittsgrove/Alloway
Joint Municipal Court for the Townships of Pilesgrove, Upper Pittsgrove
and Alloway entitled “Pilesgrove Joint Municipal Court,”
and hereinafter referred to as “Pilesgrove Joint Municipal Court.”
The jurisdiction of this Pilesgrove Joint Municipal Court shall be
coextensive with the territories of Pilesgrove Township, Upper Pittsgrove
Township and Alloway Township in Salem County, New Jersey.
The Judge of the Pilesgrove Joint Municipal
Court shall be nominated and appointed by the Governor of the State
of New Jersey, with the advice and consent of the Senate of the State
of New Jersey, and shall serve for a term of three years from the
date of appointment and until a successor is appointed and qualified.
The Administrator, Deputy Administrator(s),
Prosecutor, Public Defender and all other personnel shall be appointed
by mutual agreement and duplicate resolutions by Pilesgrove Township,
hereinafter referred to as “Pilesgrove,” Upper Pittsgrove
Township, hereinafter referred to as “Upper Pittsgrove,”
and Alloway Township, hereinafter referred to as “Alloway.”
The Pilesgrove Joint Municipal Court shall become
effective and commence on January 5, 2004, and on that date the Pilesgrove/Upper
Pittsgrove Municipal Court and the Municipal Court of the Township
of Alloway shall be abolished and their functions, powers and duties,
records and pending cases shall be transferred to the Pilesgrove Joint
Municipal Court established pursuant to this article and by similar
ordinances adopted by the Townships of Upper Pittsgrove and Alloway
and by agreement between them.
Pilesgrove shall furnish all facilities, such
as courtroom, Judge chamber, Administrator's office, Violations Bureau,
recording equipment, phones, computers, filing cabinets and furniture
for the proper administration of justice in the Pilesgrove Joint Municipal
Court. Alloway shall furnish the filing cabinets it currently uses
to operate its Municipal Court.
A Pilesgrove Joint Municipal Court Committee
shall be formed consisting of one representative appointed by Pilesgrove,
one representative appointed by Upper Pittsgrove and one representative
appointed by Alloway. This Pilesgrove Joint Municipal Court Committee
shall establish the times and place when the Pilesgrove Joint Municipal
Court shall be convened and determine such other details regarding
the administration of the Court that do not require action by the
governing bodies.
Compensation for the Judge, Administrator, Deputy
Administrator, Prosecutor, Public Defender and all other personnel
for the Pilesgrove Joint Municipal Court shall be fixed by mutual
agreement and duplicate ordinances adopted by Pilesgrove, Upper Pittsgrove
and Alloway.
The expenses for the operation of the Pilesgrove
Joint Municipal Court shall be approved by resolution by Pilesgrove,
Upper Pittsgrove and Alloway. Pilesgrove shall make payment of said
compensation and expenses and shall be reimbursed by Upper Pittsgrove
and Alloway for their share of same, upon presentation of monthly
vouchers addressed to Upper Pittsgrove and Alloway from Pilesgrove.
A Joint Municipal Public Defender shall be appointed to defend all
cases for which assigned counsel is required. Total expenditures for
compensation and expenses for each year shall be joint between the
municipalities, with Pilesgrove paying 43%, Upper Pittsgrove paying
43%, and Alloway paying 14%. In addition to this allocation of expenses,
Upper Pittsgrove shall pay $43 per month to Pilesgrove and Alloway
shall pay $14 per month to Pilesgrove. Such amounts are deemed adequate
to equally share in the average monthly additional administration
and overhead expenses, of $100 per month, to operate the Court. This
rate of sharing shall continue until and unless changed by mutual
agreement between the parties, which may be approved by mutual resolutions
and shall be reviewed annually.
All fines, costs, fees, penalties and forfeitures,
including forfeitures of bail, imposed by the Pilesgrove Joint Municipal
Court, and any other funds which are distributable to local municipalities,
shall be paid over and forwarded to the Financial Officer for that
municipality in which the complaint, charge, events, acts or violation
arose which produced the particular fine, cost, fee, penalty, forfeiture
or other funds. Distribution of such monies shall be made on a monthly
basis directly to the respective municipalities, along with a monthly
report. Each municipality shall receive a copy of not only their monthly
report, but also the monthly report of the other municipalities as
well.
Said Pilesgrove Joint Municipal Court shall
continue indefinitely on a year-to-year basis unless terminated by
either Pilesgrove, Upper Pittsgrove or Alloway adopting an ordinance
prior to September 1 withdrawing its municipality from said Pilesgrove
Joint Municipal Court effective December 31 of that same year and
after advance written notice to the other municipality prior to September
1 for the termination on December 31 of that same year.
The provisions of this article may be subject
to modification from time to time and may be amended by the parties
by mutual agreement, including the adopting of duplicate resolutions,
or ordinances when necessary by the respective municipalities.
All employees of the Pilesgrove Joint Municipal
Court shall receive an annual salary set forth in the Annual Salary
Ordinance adopted for the Township of Pilesgrove.