[Ord. No.
532; 1972 Code § 34.001]
Any person claiming payment from the Borough
shall present a detailed bill to the Borough Administrator, duly certified,
on a Borough voucher form. In the alternative, the Borough Council
may by resolution require an affidavit in lieu of certification.
[Ord. No.
532; 1972 Code § 34.005]
It shall be the duty of the Borough Administrator
to see that the signature of the officer or employee, who has been
duly designated by the Mayor and Council to certify that the materials
have been received by, or the services rendered to, the Borough of
Ramsey, appears on every claim.
[Ord. No.
532; 1972 Code § 34.010]
Claims shall then be presented to the Borough
Administrator, who, if satisfied the claims are proper, shall approve
the same. After such approval is given, the Borough Administrator
shall present these claims to the Borough Council for formal approval
at a regular meeting.
[Ord. No.
532; 1972 Code § 34.015]
Since the Mayor does not approve claims prior
to the time they are presented to the Borough Council for approval,
it shall be the duty of the Mayor to sign the approving resolution
which shall be incorporated in the official minutes, which approval
shall state that he has examined and officially approved the same
for payments.
[Ord. No.
532; 1972 Code § 34.020]
Claims shall be considered by the Borough Council
which shall approve the same, except that the Borough Council may
reject any claims presented to it, stating the reason for such rejection.
Any disapproved claim shall be referred back to the Borough Administrator
with such instructions as the Borough Council may give at the time
of disapproval.
[Ord. No.
532; 1972 Code § 34.025]
It shall be the duty of the Borough Clerk to
record all claims in the official minutes of the Borough, indicating
that the Borough Council has by formal action approved the same.
[Ord. No.
532; 1972 Code § 34.030]
It shall be the duty of the Borough Administrator,
or such other officer designated by resolution of the Borough Council,
to indicate on the claims that they have been approved for payment,
with the date of approval noted on the claim.
[Ord. No.
532; 1972 Code § 34.035]
After the Borough Administrator has certified
that the claims have been approved, he shall turn the same over to
the Treasurer or other Chief Financial Officer, who shall prepare
the necessary checks for the payment, which checks shall be signed
by the Mayor and the Borough Clerk and thereafter countersigned by
the Treasurer or other Chief Financial Officer. After the checks have
been prepared for payment, they shall be recorded and thereafter mailed
or otherwise distributed to the claimants. In the event of the absence
of any of the above named officials, those duly authorized by law
to act in their absence shall sign the necessary checks.
[Ord. No.
532; 1972 Code § 34.040]
In the case of payrolls, the Borough contribution
to the Social Security System (OASI) and the group insurance plan
and respective pension systems for employees, the appropriate department
heads or such officer or employees as may be designated by the Borough
Council shall prepare the necessary payrolls, payments or deductions
for all employees, which payrolls, payments or deduction shall be
duly certified by the person authorized to certify that the services,
payments or deductions have been rendered or are required and the
amount specified is in fact due and owing to the employee or employees
or to the Social Security System or to the established group insurance
plan and pension systems for employees. These payrolls, payments or
deductions shall be approved by the department head responsible, paid
by the Borough Treasurer or other Chief Financial Officer of the Borough
and subsequently presented to the Borough Council for ratification
and approval.
[Ord. No.
532; 1972 Code § 34.045]
A payroll account shall be established and the
Borough Council may thereafter, by resolution, prescribe the manner
in which payroll checks shall be drawn, who shall sign the same, and
the dates on which payment shall be made. In addition, the Borough
Council may, if it so elects, adopt a resolution providing for biweekly
payment of salaries, wages and compensation.
[Ord. No.
532; 1972 Code § 34.050; Ord. No. 1268 § 5]
In case any officer or employee of the Borough
presents a claim or voucher for reimbursement for actual and necessary
travel expenses, or other business expenses, the same shall be supported
by receipts, where available, setting forth said expenses and claim
for reimbursements.
[Ord. No.
583; 1972 Code § 34.055]
a.
Pursuant to the provisions of N.J.S.A. 40:23-6.26
to 40:23-6.29, inclusive, the Borough is hereby authorized to enter
into a contract with the County of Bergen to provide for the furnishing
by the County to the Borough of any service or facility which the
Borough may otherwise lawfully furnish or provide to its inhabitants.
b.
The proper municipal officials of the Borough are
hereby authorized and empowered to execute, on behalf of the Borough,
all such contracts with the County of Bergen as may be authorized
and approved by the Mayor and Borough Council.
[Ord. No.
1268 § 5]
Notwithstanding anything to the contrary hereinabove
set forth, the Borough Treasurer and other Borough Officials required
to sign Borough checks may sign and disburse such checks prior to
Borough Council approval provided the voucher is properly completed
by the claimant and approved by the Borough Administrator and presented
to the Borough Council for formal approval at the next meeting of
the Borough Council.
[Ord. No.
918 § 1]
There is hereby established an Insurance Fund
for the Borough for the following purposes:
a.
To insure against any loss or damage however caused
to any property, motor vehicles, equipment or apparatus owned by it,
or owned by or under the control of any of its departments, boards,
agencies or commissions;
b.
To insure against liability resulting from the use
or operation of motor vehicles, equipment or apparatus owned by or
controlled by it, or owned by or under the control of any of its departments,
boards, agencies or commissions.
c.
To insure against liability for its negligence and
that of its officers, employees, and servants, whether or not compensated
or part-time, who are authorized to perform any act or services, but
not including an independent contractor within the limitations of
the "New Jersey Tort Claims Act" (N.J.S.A. 59:1-1 et seq.).
[Ord. No.
918 § 2]
The Borough Council is hereby authorized to
appropriate the moneys necessary in order to carry out the purposes
recited in Subsection 2-74.1.
[Ord. No.
918 § 3]
The Borough Council may designate the maximum
or minimum amount of the fund, and provide for the disposition of
any excess over and above the maximum amount fixed, or of the interest
or profits arising therefrom when the fund shall have reached the
maximum limit.
[Ord. No.
918 § 4]
a.
Pursuant to N.J.S.A. 40:87-16, the Mayor shall nominate
and, with the advice and consent of the Council appoint three Council
members to serve as Insurance Fund Commissioners upon the establishment
of the Insurance Fund. The Commissioners shall hold office for two
years or for the remainder of their term of office as members of the
Borough Council, whichever shall be less, and until their successors
shall have been duly appointed and qualified. The Commissioners shall
serve without compensation. Vacancies in the office of the Insurance
Fund Commissioners caused by any reason other than expiration of term
as a member of the local unit governing body shall be filled for the
unexpired terms.
b.
The Commissioners shall, forthwith after their appointment
organize for the ensuing year by election from their membership of
a chairman and a secretary, who shall serve for the year.
[Ord. No.
918 § 5]
The Commissioners shall have the following powers
and authority:
a.
Employ necessary clerical assistance, whose compensation
shall be fixed and paid by the governing body of the local unit in
the same manner as is that of other employees of the local unit;
b.
Invest the fund and all additions and accretions thereto
in such securities as they shall deem best suited for the purposes
of this section.
c.
Adopt rules and regulations for the control and investment
of the fund.
d.
Keep on hand at all times sufficient money, or have
the same invested in such securities as can be immediately sold for
cash, for the payment of losses to any buildings or property of the
local unit or liability resulting from the operation of publicly owned
motor vehicles, equipment or apparatus.
e.
Fix reasonable rates of premium for all insurance
carried by the Insurance Fund, and shall effect all insurance in the
Insurance Fund or with any insurance company or companies authorized
to do business in this state.
f.
Premiums for insurance, whether carried in the Insurance
Fund or placed with insurance companies, shall be paid to the Commissioners
by the board, commission, department, committee or officer having
charge or control of the property insured.
g.
All insurance upon property owned or controlled by
a local unit or any of its departments, boards, agencies or commissions,
shall be placed and effected by the Commissioners.
[Ord. No.
918 § 6]
a.
Payment of workers' compensation. Payment of worker's
compensation is hereby provided as constituted by N.J.S.A. 34:15-1,
et seq. by:
b.
Workers' compensation insurance fund. There is hereby
created a fund to be designated and known as the "Workers' Compensation
Insurance Fund." All money appropriated to the fund shall be deposited
in the name of the Borough of Ramsey in a national or state bank or
trust company and remain there as a trust fund for the purpose of
paying obligations of the local unit under the provisions of N.J.S.A.
34:15-1, et seq.
[Ord. No.
918 § 7]
The Borough Council shall annually appropriate
to the fund such money as it may determine to be necessary for the
purpose set forth in the preceding section.
[Ord. No.
918 § 8]
The Borough Council may determine to discontinue
the fund, in which case the balance thereof shall become part of the
surplus revenue of the Borough.
[Ord. No.
1212 § A]
As used in this section:
Any items used to extinguish any fire and/or stop or control
or contain any leak or spill involving any hazardous material which
cannot be reused or cannot be replenished without cost after that
particular fire, leak or spill. These include but are not restricted
to fire-fighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drums, and specialized protective equipment to include,
but not restricted to, acid suits, acid gloves, goggles, and protective
clothing.
Any material, solid, liquid or gas, listed as a hazardous
substance or material, including, but not necessarily limited to,
such substances and materials listed under the N.F.P.A. Guide of Hazardous
Material, the Department of Transportation Guide Book, and the list
of Hazardous Substances and Toxic Pollutants designated by the Federal
Environmental Protection Agency and the New Jersey State Department
of Environmental Protection.
Any motorized equipment registered or unregistered, including,
but not limited to: a passenger car, motorcycle, truck, tractor trailer,
construction equipment, farm machinery, watercraft, aircraft, and
trains.
Any container, drum, box, cylinder, bottle, or tank used
to hold, contain, carry or store any hazardous material.
[Ord. No.
1212 § B; Ord. No. 1212A § 1]
Costs incurred by the Borough of Ramsey and other mutual aid responding units for the following items in connection with the suppressing, control, or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in Subsection 2-78.3 below:
a.
The cost of replacement of expendable items or, in
lieu of such cost, the replacement of the expendable items in kind.
b.
The expenses incurred by the Borough for the wages
(regular and/or overtime) paid to its employees/agents, as a result
of a hazardous material incident.
c.
Any and all medical costs incurred by responding personnel.
d.
Any and all environmental tests required to insure
a hazard-free environment (Soil-water-air).
e.
A fixed hourly rate for the use of apparatus at incidents
computed at the rate of $150 per hour for the use of specialized and
$100 per hour for the use of any other vehicles to the Borough of
Ramsey.
[Amended 3-24-2010 by Ord. No. 06-2010]
f.
All expenses incurred by other mutual aid responding
units.
g.
Services rendered by any recovery company, towing
company or other technical assistance called for by the Fire Department
and Emergency Management Coordinator to handle such incidents.
[Ord. No.
1212 § C; Ord. No. 1212A § C]
Reimbursement to the Borough of Ramsey and other
mutual aid responding units for any reimbursable items, as set forth
above, shall be made by the following parties:
a.
The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
b.
The owner or person responsible for any vessel containing
hazardous materials involved in any fire, leak or spill on public
or private property, whether stationary or in transit, whether accidental
or through negligence.
c.
The owner or person responsible for any property from
which any leak or spill of hazardous material emanates.
d.
Any person responsible for any fire, leak or spill
of hazardous material on public or private property.
[Ord. No.
1212 § D; Ord. No. 1212A § D]
Any responsible party, as set forth in Subsection 2-78.3 hereof, shall reimburse the Borough of Ramsey for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak, or control and clean-up such a spill within 45 days after receipt of a bill for such items from the Borough of Ramsey. Billing is to include a 10% administrative fee. All such charges and billings shall be subject to the review and approval of the Borough Administrator prior to being rendered to the responsible party.
[Ord. No.
1212 § E]
Any responsible party, as set forth in Subsection 2-78.3, who fails to reimburse the Borough for reimbursable items within the time limit set forth in Subsection 2-78.4, shall be subject to a fine of not less than $100 nor more than $500 or imprisonment for a period of not more than 90 days or both. Upon the failure to reimburse the Borough for the cost of such items within said forty-five-day period, and in addition to any penalty provided for in this subsection, the Borough may take such action, as may be provided by law, to recover such costs from the responsible party.
[Ord. No.
33-2001]
As used in this section:
And refer to the means by which a public employee may respond
to any suit, allegation, or cause of action. The Borough shall provide
the defense of any action, suit or proceeding, whether civil, criminal,
administrative or investigative, including a cross-action, counterclaim
or cross-complaint against any public employee because of any act
or omission of that employee in the scope of their employment and
shall defray all costs of defending such action, including reasonable
counsel fees and expenses, together with costs of appeal, if any,
excepting actions, suits, or proceedings brought by the Borough of
Ramsey against any such employee. Expressly exempted from this section
providing defense and indemnification to public employees of the Borough
are any charges, allegations, or actions of whatever nature asserted
by the Borough against its own public employees.
To secure against loss or damage which may occur in the future,
or to provide compensation for or to repair loss or damage already
suffered; to insure, to save harmless.
And include any employee of the Borough and shall include
any elected or appointed official, counsel or special counsel, or
any officer, employee or servant, whether or not compensated, who
is authorized to perform any act or service for the Borough. The term
"public employee" shall also include persons formerly holding office
or employment, provided the events giving rise to a cause of action
or claim hereunder conform to the requirements herein established.
[Ord. No.
33-2001]
The Mayor and Council of the Borough of Ramsey
find as follows:
a.
The State of New Jersey, through the passage of the
Tort Claims Act, as amended and supplemented (N.J.S.A. 59:1-1 et seq.),
has determined the circumstances under which claims may be made against
public entities and their officials, employees, and servants.
b.
The Tort Claims Act also specifies under what circumstances
a public entity may defend and indemnify its officials, employees
and servants.
c.
The Mayor and Council hereby provide, under certain
circumstances, for the defense and indemnification of its officers,
employees, and servants in the good faith performance of their duties
and responsibilities.
d.
Such defense and indemnification are especially appropriate
for members of appointed boards who serve the Borough without monetary
compensation.
e.
The indemnification of municipal employees is also
expressly designed to avoid a conflict between the employer and the
employee when claims are lodged. The Supreme Court of the State of
New Jersey has noted that because the law does not require, but does
permit, indemnification of local public entity employees, conflicts
of interest may arise in the absence of such indemnification where
an entity and an employee are both sued for compensatory damages in,
for example, a civil rights action and both employ the same attorney
to defend. Likewise, the court pointed out such conflict could arise
because the employee is liable for punitive damages and the entity
is not. (See Petition for Review of Opinion 552, 102 N.J. 194.) Accordingly,
this indemnification policy is also intended to increase the efficiency
and reduce the costs of defending the Borough of Ramsey and its employees
and agents in the event of such actions.
[Ord. No.
33-2001]
a.
Whenever a civil action shall be brought against any person holding an office, position or employment with the Borough as defined in Subsection 2-79.1 for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the Borough shall provide payment of that portion of any exemplary or punitive damage award not otherwise covered by a policy of insurance. Note, however, that the Borough does not, by indemnifying its employees against punitive damage, indirectly or directly waive its own immunity against such claims. (See T & M Homes, Inc. vs. Pemberton Twp., 190 N.J. Super. 637).
b.
Whenever a civil action shall be brought against any
person holding an office, position or employment with the Borough
for any action or omission arising out of or in the course of the
performance of the duties of such office, position or employment,
the Borough shall provide payment of that portion of any costs of
defense of said action not covered by a policy of insurance. Whenever
any insurance policy whose purpose is to provide the defense and indemnification
of the Borough or its public employees is in dispute, the Borough
will stand in the place of the insurance carrier, subject to all rights
of subrogation, to provide for the defense and indemnification of
its employees as specified herein. Said public employee has an affirmative
duty, to be eligible for said defense and indemnification, to cooperate
with the Borough in any and all of its efforts to resolve any disputed
insurance coverage.
c.
Whenever a civil action shall be brought seeking compensatory
damages and/or attorney's fees against any person holding an office,
position or employment with the Borough for any action or omission
arising out of or in the course of the performance of the duties of
such office, position or employment, the Borough of Ramsey shall defend
and indemnify its officials, employees and servants.
[Ord. No.
33-2001]
By common law and this subsection, the Borough's
authority to indemnify is limited to acts by public employees that
are within the scope of their employment and which are not criminal,
fraudulent, malicious or instances of willful misconduct. Additionally,
the Borough will not provide the means for defense nor indemnify any
public employee in those instances where the Borough has initiated
the charges or later acquitted, any application to recover the cost
of their defense is expressly conditioned upon the ultimate determination
of administrative charges which may or may not arise out of the same
conduct or behavior. Notwithstanding all of the above, in the event
the Borough elects to assert such administrative charges and even
if the employee should thereafter prevail, all such claims for reimbursement
for costs of defense will be subjected to the controlling statutory
and common law as opposed to this section.
[Ord. No.
24-2004 § I]
As used in this section, the following terms
shall have the meaning indicated:
An accredited member of the working press, which shall be
interpreted to include individuals who report to the public informally
using such media as web sites, newsletters, and other similar media
outlets.
A commission, authority, board, council, committee, governing
body, or any other group of two or more persons organized by law and
collectively empowered as a voting body to perform a public governmental
function affecting the rights, duties, obligations, privileges, benefits
or other legal relations of any person, or collectively authorized
to spend public funds. Informal or purely advisory bodies are not
covered within this definition, nor are groupings composed of a public
official with subordinates or advisors who are not empowered to act
by vote, such as the Mayor or Council member or Borough Administrator
meeting with department heads.
Any location in which official municipal business is conducted.
Any gathering attended by, or open to, all of the members
of a public body, and held with the intent to discuss or act as a
unit upon the specific public business of that body. This term does
not include any such gathering attended by less than an effective
majority of the members of a public body.
The terms "videotaping" and "audiotaping" and "audiotape
recording", in addition to their common and usual definitions, shall
be deemed to include any and all means of electronic recording and
any and all means of live broadcast of images and/or sound over any
media. "Audiotaping" and "audiotape recording" may be used interchangeably.
[Ord. No.
24-2004 § II]
The Mayor and Council of the Borough of Ramsey
find and declare that the right of the public to be present at all
meetings of public bodies, and to witness in full detail all phases
of the deliberation, policy formulation, and decision making of public
bodies, is vital to the enhancement and proper functioning of the
democratic process. This right shall include the right to take still
photographs, videotape, and audiotape the proceedings, subject to
the requirements set forth herein.
[Ord. No.
24-2004 § III]
a.
Video cameras, operated by no more than one person each, shall be
permitted at any public meeting.
[Amended 2-14-2018 by Ord. No. 04-2018]
b.
Sound and light criteria.
1.
Only video cameras (and audio equipment used in conjunction
with video cameras) that do not produce distracting sound shall be
employed to cover public meetings. Video cameras may not be rewound
or played back during the public meeting. No artificial lighting device
shall be used. No freestanding microphones shall be used with any
video camera; only internal microphones within the camera or microphones
attached to the camera tripod shall be permitted.
2.
Only still camera equipment that does not produce
distracting sound shall be employed to cover public meetings. No artificial
lighting shall be used.
3.
Distracting sound is defined as that level of sound
that, in the opinion of the chairperson of the public meeting, interferes
with the orderly conduct of the meeting.
c.
Location of equipment and personnel. The specific location(s) shall
be designated by the chairperson of the public meeting so as not to
obstruct the view of the public. The area(s) shall provide a generally
clear view of the proceedings by the camera. The videotape camera
operator must be present during camera operation and shall not move
about the room while the public meeting is in session.
[Amended 2-14-2018 by Ord. No. 04-2018]
[Ord. No.
24-2004 § IV]
Anyone may audiotape record a public meeting
subject to the following requirements:
a.
The audiotape recording device shall be unobtrusive,
limited to the size category commonly known as "handheld," "mini-cassette,"
or "standard portable cassette." The person audiotaping the public
meeting must be present at the meeting while the recording device
is being operated. The device shall not produce a distracting sound,
as defined in Subsection 2-80.3b3 above, either from the equipment
or its operation. The tape may not be rewound or played back during
the public meeting.
c.
News reporter exception. News reporters often rely
on audiotaping as a means of note taking to insure accuracy in their
reporting on public meetings. Paragraph b. above shall not apply to
news reporters who audiotape a public meeting for such purpose. This
exception shall not apply to those who have the purpose of broadcasting
the audiotape recording over any media.
[Ord. No.
24-2004 § V]
a.
There is no advance notice requirement for persons
intending to audiotape a public meeting.
b.
Notice by an individual to videotape a public meeting shall be given
to the Borough Clerk prior to the close of business of the last business
day before the meeting day. If the individual seeks to videotape more
than one public meeting, he or she may be given a blanket notice covering
a period up to one month and setting forth the specific public meetings
and dates thereof that the individual wishes to videotape. The Borough
Clerk shall keep the original of any such notices on file and shall
forward copies of same to the Chairperson and Clerk of the public
body concerned.
[Amended 2-14-2018 by Ord. No. 04-2018]
c.
There shall be no limitation on the number of persons wishing to
audiotape or videotape a public meeting.
[Amended 2-14-2018 by Ord. No. 04-2018]
d.
The Chairperson of a public meeting that is to be
videotaped or audiotaped by a private individual shall, at the start
of the meeting, announce to those present that the meeting will be
audiotaped and/or videotaped by a private individual not under the
auspices of the Borough of Ramsey.
[Ord. No.
24-2004 § VI; amended 2-14-2018 by Ord. No. 04-2018]
Videotape and audiotape equipment shall not be placed in or
removed from the meeting room or moved about in the meeting room while
the public body is in session.
[1]
Editor's Note: Former § 2-80.7, Prohibition of videotaping
during public meetings involving children (minors), adopted by Ord.
No. 24-2004 § VI, was repealed 2-14-2018 by Ord. No. 04-2018.
[Ord. No.
24-2004 § VIII; amended 2-14-2018 by Ord. No. 04-2018]
The chairperson of any public body may waive any limiting provision
contained herein when, in the sole opinion of the chairperson, the
interests of the public under the circumstances warrant such waiver.
Such waivers shall not become a matter of routine so as to circumvent
any provision of this section.
[Ord. No.
24-2004 § IX]
If a videotape or audiotape of a public meeting
is to be broadcast on a private web site, a disclaimer must appear
at the beginning of such broadcast in the following language:
This videotape/audiotape of a public meeting
in the Borough of Ramsey is not the official record of said meeting.
[Ord. No.
24-2004 § X]
Still and video cameras and audio coverage of
proceedings in Municipal Court are governed by New Jersey Supreme
Court guidelines approved in October 2003. A copy is available from
the Administrative Director of the Courts in Trenton.
[Ord. No.
24-2004 § XI]
The still photography, videotaping and audiotaping
of public meetings in a manner not in compliance with this section
is prohibited. A violation may result in cessation of a person's privilege
to photograph, videotape and/or audiotape the public meeting, if same
is in progress, at the discretion of the chairperson of the public
body conducting the meeting. If a violation of Subsection 2-80.7 of
this section is alleged, or if it is alleged that any individual routinely
violates this section as part of a continuing course of conduct, the
public body may, after giving the violator an opportunity to be heard,
take whatever action it deems appropriate and reasonable to insure
compliance with this section.
[Adopted 9-14-2016 by Ord. No. 17-2016]
It shall be the policy of the Borough of Ramsey that no cash
shall be accepted for any taxes, fees or other charges due to the
Borough subject to the following. For fees or other charges due to
the Borough $30 and under, a department head has discretion to accept
cash payments for such charges. This threshold discretion on accepting
cash payments excludes those payments for taxes and water/sewer charges.
A service charge in the amount of $20 shall be imposed on any
taxes, fees or other charges due to the Borough of Ramsey where a
check or draft has been submitted to the Borough toward the payment
of such taxes, fees or other charges and such check or draft is returned
for insufficient funds. The governing body authorizes the appropriate
municipal officer to demand that future payments be tendered by certified
or cashier's check on any account where a check tendered for payment
on such account is returned for insufficient funds. In addition, the
service charge aforesaid may be collected in any manner authorized
by N.J.S.A. 40:5-18.
It is hereby authorized that the amount of such service charge
in the future shall be determined by resolution of the governing body
consistent with the applicable state statutes.
