[Ord. No. O-74-07]
The Director of the Department of Public Affairs and Public
Safety shall have supervision and control of the Police Department
and shall be designated the "Appropriate Authority."
[Ord. No. 8-31-76 § 1; Ord. No. 3-14-89 § 1; Ord. No. O-85-06 § 1]
There is hereby established a Police Department which shall
consist of one Chief of Police, one Captain, two Lieutenants, two
Sergeants and as many Patrolmen as the Board of Commissioners may
appoint after nomination by the Commissioner of Public Affairs and
Public Safety.
[Ord. No. 8-31-76 § 2]
The rights, privileges, powers and duties of the members of
the Police Department shall be those prescribed by the Laws of the
State of New Jersey, the ordinances of the Borough and the rules and
regulations which may be established by the Board of Commissioners.
The members of the Police Department shall be faithful and diligent
in preserving the public peace, in detecting and arresting, within
the Borough, all offenders against the ordinances of the Borough or
Laws of the State, in protecting the rights of persons and property
and in maintaining decorum and morality in the public streets and
places of resort and public assemblage, and rendering kindly and efficient
aid and direction in all cases.
[Ord. No. 8-31-76 § 3]
The salaries of the members of the Police Department shall be
as established by the Board of Commissioners.
[Ord. No. 8-31-76 § 5]
Any equipment such as uniforms, arms and ammunition, batons,
shields and badges which may be supplied to the members of the Police
Department shall be the property of the Borough.
[Ord. No. 8-31-76 § 6]
The Chief of Police shall have charge of Police Headquarters
and command over the members of the Police Department. It shall be
the duty of the Chief of Police to cause the public peace to be preserved.
The Chief shall, whenever any violation of the Law of this State or
of the ordinances of the Borough shall come to his knowledge, cause
the requisite complaint to be made and see that evidence is procured
for the prosecution of the offenders. The Chief shall obey the police
rules and shall in case of tumult, riot, insurrection, or threat thereof,
take command in person and direct all police operations. The Chief
shall keep and make all such records and reports as may be required
by the Commissioner of Public Affairs and Public Safety. The Chief
shall be subject to the general rules governing the Department. In
case of sickness, the Chief shall notify the Commissioner of Public
Safety. The Chief shall be responsible for the efficiency, conduct
and good order of the Department and shall report to the Commissioner
of Public Affairs and Public Safety in writing all complaints made
to him concerning the Department. At the annual meeting of the Board
of Commissioners the Chief shall render a full report of the activities
and conduct of the Department for the preceding year.
[Ord. No. 8-31-76 § 6]
The Captain of Police shall be second in command, and, in case
of the absence of the Chief of Police from the Borough or illness
of the Chief of Police, the Captain shall perform the duties assigned
to the Chief of Police. The Captain shall report directly to the Chief
of Police concerning all police activities.
[Ord. No. 8-31-76 § 7]
a.
Permanent appointment. The members of the Police Department shall
be appointed by the Board of Commissioners in accordance with the
requirements of the Statutes of New Jersey. The members shall hold
office in accordance with Statutes. No person shall be appointed a
permanent member of the Police Department unless that person has all
the qualifications prescribed by Statute.
No appointment shall be made unless such person has successfully
completed a police training course at a school approved and authorized
by the Police Training Commission in the Department of Law and Public
Safety of the State of New Jersey pursuant to the provisions of the
Laws N.J.S.A. 52:17B-66 et seq.
b.
Probationary Periods. Each person shall first be employed for a probationary
period not exceeding one year so that his fitness for the duties he
is to perform may be determined before he is permanently appointed
to the Police Department and to enable the person seeking a permanent
appointment to complete the police training course as set forth above.
No person shall be permitted to take a police training course unless
he holds a probationary or temporary appointment as a police officer
in the Borough of Monmouth Beach and such appointee shall be entitled
to a leave with pay during the period of the police training course.
These periods of probationary employment shall be termed "Probationary
Periods" and a probationary policeman so employed shall be deemed
a "Probationer" and may be dropped from the rolls or discharged at
any time during such probationary period without notice and without
hearing. The Board of Commissioners may, at any time prior to the
expiration of the probationary period of employment, appoint such
probationary member of the Police Department as a permanent member
of the Police Department by official resolution.
[Ord. No. 8-31-76 § 8]
Every member of the Police Department shall submit to a thorough
physical examination every three years. In addition each member of
the Police Department is hereby charged with the duty of notifying
the Board of Commissioners of any accident resulting in injury to
him or any illness suffered by him and the nature and extent of same
and, if ordered by the Board of Commissioners, such member shall submit
to a physical examination by a physician designated by the Board of
Commissioners for determination as to his fitness for service.
[Ord. No. 8-31-76 § 9]
All promotions to superior positions shall be made from the
membership of the Department as construed at the time of promotion
and shall be made with due regard to the length of service in the
Department of the person proposed to be promoted, and his merit in
the Department, preference being given to be who has served the longest
period of time in the Department.
[Ord. No. 8-31-76 § 10]
Any officer or member of the Police Department shall be subject
to reprimand, suspension, deduction in pay, dismissal or reduction
in rank after a hearing in which he is found guilty of any of the
following:
a.
Failure to read the blotter when entering upon or leaving his tour
of duty.
b.
Failure to carry on or follow through unfinished duties without orders
from his superiors.
c.
Failure to divulge to the Police Department, all information, evidence
and other relevant data pertaining to any active case.
d.
Failure to report the extent of the violation of any ordinance or
law coming to his attention.
e.
Intoxication while on duty.
f.
Willful disobedience of orders of the Board of Commissioners.
g.
Indecent, profane or harsh language.
h.
Disrespect to a superior officer.
i.
Unnecessary violence to prisoners.
j.
Leaving assignment of duty without just cause.
k.
Neglect in paying just debts for rent or necessities contracted while
in the service.
l.
Immorality, indecency or lewdness.
m.
Absence without leave.
n.
Incompetency, lack of energy and incapacity, mentally or physically.
o.
Entering while in uniform any place in which any intoxicating beverages
may be sold or furnished or introducing any intoxicating beverage
into the Police Station, unless in discharge of duty.
p.
Drinking of any kind of intoxicating beverage while on duty.
q.
Sleeping on duty.
r.
Neglect of duty.
s.
Violation of any criminal law.
t.
For making known the proposed action or movements of the force or
the provisions of any orders to persons outside the force.
u.
Conduct not becoming an officer and a gentleman.
v.
Conduct subversive of good order and the discipline of the force.
w.
Not properly patrolling assignment of duty.
x.
Publicly commenting upon the official conduct of a superior officer
or any Borough official.
y.
Violation of any regulation, rule or order of the Board of Commissioners
or any of the provisions contained in this section or the amendments
and supplements thereof.
z.
Visiting places of public resort in uniform except in the performance
of duty.
[Ord. No. 8-31-76 § 11]
Punctual attendance, prompt obedience to orders, and conformity
to the rules of the Department will be rigidly enforced.
[Ord. No. 8-13-76 § 12]
Each and every member, in his conduct and deportment, shall
be quiet, civil and orderly in the performance of his duty. He must
maintain decorum and attention, command of temper, patience and discretion.
Each member shall at all times refrain from harsh, violent, coarse,
profane or insolent language, yet at the same time when required,
act with firmness and sufficient energy to perform his duty. Members
must be civil and respectful to each other on all occasions.
[Ord. No. 8-31-76 § 13]
No member of the Department shall, in the Police Station or
elsewhere while on duty, drink any kind of intoxicating beverages
or, except in the immediate performance of his duty, enter any place
in which intoxicating beverages may be sold or furnished. No intoxicating
beverages of any kind upon any pretext shall be introduced into the
Police Station except when prescribed by a physician or in discharge
of duty.
[Ord. No. 8-31-76 § 14]
No member of the Department shall withdraw any complaint without
sufficient cause.
[Ord. No. 8-31-76 § 15]
No member shall communicate, except to such persons as directed
by his superior in office, any information, respecting orders which
he may have received, or any regulations that may be made for the
government of the Department.
[Ord. No. 8-31-76 § 16]
No member of the Police Department shall be absent from duty
without permission from the Chief of Police or the officer in charge
of the Department.
[Ord. No. 8-31-76 § 17]
The right of every member of the Police Force to entertain political
or partisan opinions and to express the same freely, when such expression
shall not concern the immediate discharge of his official duties,
and the right of elective franchise, shall be deemed sacred and inviolate,
but no regular member of the Police Force will be permitted to be
a delegate or representative to or member of any political or partisan
convention whose purpose is the nomination of any candidate to any
political office. No member of the Police Force shall act as a member
of the Board of Registry and Election for the General Election, Primary
Election or any Special Election.
[Ord. No. 8-31-76 § 18]
No member of the force shall withdraw or resign while charges
are pending against him except by permission of the Board of Commissioners.
Unexplained absence for five days of any member of the force shall
be deemed and held to be a resignation by such member and may be accepted
as such.
[Ord. No. 8-31-76 § 19]
When any member of the Police Department is suspended from office
and afterwards reinstated, that member shall not receive any pay for
the period of such suspension unless his suspension shall have been
judicially found unwarranted.
[Ord. No. 8-31-76 § 20]
All charges against members of the Police Department shall be
presented in writing and served personally on the person charged with
the offense and shall be tried before the Commissioner of Public Affairs
and Public Safety who may, in lieu of dismissal from the Department,
impose such lesser penalty for correction as in his judgment is warranted
by the character of the offense.
[Ord. No. 8-31-76 § 21]
The following penalties may be assessed against any member of
the Police Department as disciplinary action:
[Ord. No. 8-31-76 § 22]
Any member of the Police Department when appearing before the
Commissioner of Public Affairs and Public Safety for a hearing against
him shall appear in full uniform.
[Ord. No. 8-31-76 § 23]
Members of the force dismissed or resigning therefrom shall
immediately surrender to the Chief of Police, their shields and their
insignia of office, and all property of the Department which may be
in their possession, and members suspended from duty shall surrender
their shields and other property that belongs to the Borough.
[Ord. No. 8-31-76 § 24]
Each member of the Police Department shall be entitled to a
vacation provided he comes within the regulations set forth below:
a.
All those members serving a Probationary Period shall be entitled
to one week vacation.
b.
All those members who serve two to five years shall be entitled to
two weeks vacation.
c.
All those members who serve six to 10 years shall be entitled to
three weeks vacation.
d.
All those members who serve over 10 years shall be entitled to four
weeks vacation.
It is understood that the choice of vacation time shall be based
on seniority, meaning that the oldest in line of service in the Department
shall have first preference.
It is understood that vacations not taken during the calendar
year shall not accumulate beyond such calendar year.
[Ord. No. 8-31-76 § 25]
All members of the Police Department shall possess a valid New
Jersey Driver's License. Whenever a driver's license has been revoked,
suspended or lost, that member shall immediately make this fact known
to the Chief of Police, giving full particulars.
[Ord. No. 8-31-76 § 26]
[Ord. No. O-14-2002 §§ 1
— 8; Ord. No. O-25-03 § 1]
a.
Requests for extra duty assignments. All requests for extra duty
assignments for police traffic safety and/or security at construction
sites, special events and other locations within the Borough of Monmouth
Beach shall be made in writing to the Chief of Police at least two
regular business days before the first day such police protection
commences. In the case of unforeseen emergencies, written requests
shall be made as soon as practical. All requests shall include a written
traffic safety plan for review by the Chief of Police unless waived
by the Chief of Police in his/her sole discretion.
b.
Assignments to be considered special assignments. All assignments
by the Chief of Police of police personnel to such extra duty shall
not violate the terms of any applicable collective bargaining agreement.
The work to be performed shall be considered "special assignments
from independent contractors" and are not "direct assignments." The
assignment shall be in accordance with a system established and administered
by the Chief of Police.
c.
Deposit required for special services. The person or entity requesting
such police protection shall deposit with the Borough Clerk cash,
certified check or bank check in the amount of $500 for each day and
for each officer whose services are requested. All payments shall
be payable to the "Borough of Monmouth Beach."
d.
Advance notice and deposit required. No police personnel will be
provided unless the amounts set forth in paragraph c and the traffic
safety plan is submitted to the Chief of Police at least two business
days in advance of such activity.
e.
Extra duty police escrow fund. These funds will be placed into an
Extra Duty Police Escrow Fund which shall be established in the annual
budget as dedicated by rider trust fund. As soon as the police protection
is provided, the funds may be withdrawn from the escrow to pay the
wages of the Police Officers as well as the costs of administering
the extra duty program including but not limited to the Borough's
share of social security payments, administrative costs of maintaining
time sheets, payroll processing, billing vendors and increased insurance
costs.
f.
Escrow deposits for continuous or frequent service. For those persons
or entities which require continuous service for a week or longer,
a minimum balance of the average weekly cost and fees shall be maintained
in the escrow account. For those persons or entities which require
continuous or frequent service, an additional deposit of $500 shall
be maintained in the escrow account for emergencies. Failure to maintain
this minimum balance shall result in the termination of services until
the escrow balance is replenished to the minimum balance.
g.
Rates for extra duty assignments; administrative charge. The rate
for such services shall be the hourly overtime rate of a First Class
Patrolman without longevity as contained in the effective Collective
Bargaining Agreement between the Borough of Monmouth Beach and New
Jersey State Local PBA 332 in effect at the time the work is performed.
In addition there shall be a charge for administrative costs at a
rate of $7.50 per each hour worked by each Police Officer. This administrative
cost is waived for the Monmouth Beach Board of Education.
h.
Termination of assignment; Borough not liable. Nothing herein shall
limit the authority of the Chief of Police to order any Police Officer
to vacate or terminate any extra duty assignment nor shall the Borough
of Monmouth Beach and/or its employees be subject to any claim for
any costs or damages arising out of the assignment of police protection
or the termination thereof.
[Ord. No. O-116-09]
The purpose of this section is to create the administrative
mechanisms needed for the execution of Borough of Monmouth Beach's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
[Ord. No. O-116-09]
As used in this section, the following terms shall have the
meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Borough of Monmouth Beach to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
The employee charged by the Governing Body with the responsibility
for oversight and administration of the affordable housing program
for Borough of Monmouth Beach.
[Ord. No. O-116-09]
a.
Establishment of position of municipal housing liaison. There is
hereby established the position of Municipal Housing Liaison for Borough
of Monmouth Beach.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full- or part-time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Borough of
Monmouth Beach, including the following responsibilities which may
not be contracted out, exclusive of item six which may be contracted
out:
1.
Serving as Borough of Monmouth Beach's primary point of contact for
all inquiries from the State, affordable housing providers, Administrative
Agents, and interested households;
2.
Monitoring the status of all restricted units in Borough of Monmouth
Beach's Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
COAH;
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in Borough of Monmouth Beach as described
in paragraph f below.
d.
Subject to approval by COAH, Borough of Monmouth Beach may contract
with or authorize a consultant, authority, government or any agency
charged by the Governing Body, which entity shall have the responsibility
of administering the affordable housing program of Borough of Monmouth
Beach, except for those responsibilities which may not be contracted
out pursuant to paragraph c above. If Borough of Monmouth Beach contracts
with another entity to administer all or any part of the affordable
housing program, including the affordability controls and Affirmative
Marketing Plan, the Municipal Housing Liaison shall supervise the
contracting Administrative Agent.
e.
Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative powers and duties assigned to the municipal housing
liaison.
1.
Affirmative marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of Borough of Monmouth Beach and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of Borough of Monmouth Beach when referring households
for certification to affordable units.
3.
Affordability controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
County's Register of Deeds or County Clerk's Office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing request from unit owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the Borough's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Ord. No. O-74-07]
A Volunteer Fire Department in and for the Borough of Monmouth
Beach is hereby established consisting of the Monmouth Beach Fire
Department and the Monmouth Beach Volunteer Fire Company.
[Ord. No. O-74-07]
The Director of the Department of Revenue and Finance shall
be the Commissioner in charge of the Department of Revenue and Finance.
[Ord. No. O-74-07]
The Department of Parks, Public Property and Public Works shall
be under the immediate control and direction of the Direction of Public
Works, who is the Commissioner of Public Works.
[Ord. No. 1-31-84 § 1]
a.
Tenure of office for the office of Superintendent of Public Works.
The person holding office, position or employment as 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.
The person may be retired when he/she shall have attained 70
years of age.
[Ord. No. O-59-09 § 1]
There is hereby created the position of Assistant Road Superintendent
within the Department of Public Works, Parks and Public Property which
position may be assigned in the sole discretion of the Borough Commissioner
acting as the Department Head. Such Assistant Road Superintendent
shall be subordinate to the Superintendent of Public Works and shall
perform such duties as may be assigned by him/her.
[Ord. No. O-59-09 § 1]
There is hereby created the position of Road Foreman within
the Department of Public Works, Parks and Public Property which position
may be assigned in the sole discretion of Borough Commissioner acting
as the Department Head. Such Road Foreman shall be subordinate to
the Superintendent of Public Works and the Assistant Road Superintendent
and shall perform such duties as may be assigned.
