Township of Delanco, NJ Article I Departments

§ 10-1 Departmental level organization.

[Amended 1-19-1998 by Ord. No. 1-1998]

The Township of Delanco by this chapter is creating departmental level organizations within its governmental structure. The personnel assigned to these units provide basic governmental services to the residents of the community. All positions within a department are governed by the Civil Service Laws of New Jersey. Under these Laws, both the way in which an appointee is hired and the nature of the position for which he or she is employed is specified. Unless the context of this chapter otherwise clearly provides, the requirements of these provisions shall control. It is the policy of the Township that all personnel within a department, where possible, be Township residents. The Township Committee reserves the right to waive this requirement where the governmental needs of the community otherwise dictate.

§ 10-2 Department of Administration.

A. Administrator, Township.

[Added 6-6-1983 by Ord. No. 4-1983]

(1) Appointment. The position of Township Administrator is hereby created by the Township Committee pursuant to N.J.S.A. 40A:9-136. Pursuant to N.J.S.A. 40A:9-137, this position shall be filled by a majority vote of the Township Committee.

(2) Term. The Township Administrator shall serve at the pleasure of the governing body. However, as a condition for an appointment to the position of Township Administrator, a person so selected shall be required to execute a written contract which specifies a precise term which the person selected will serve. During the term specified within the above contract, the Township Administrator may only be removed from the position upon compliance with N.J.S.A. 40A:9-138 unless otherwise required by law.

(3) Qualifications. The Township Administrator shall demonstrate a thorough knowledge of municipal governmental affairs sufficient, in the sole opinion of the Township Committee, to perform the duties of his or her office. In addition, the Township Administrator shall possess such additional qualifications as the Township Committee shall deem appropriate.

(4) Residency. Pursuant to N.J.S.A. 40A:9-136, the Township Administrator need not be a resident of the Township of Delanco.

(5) Compensation. The Township Administrator shall receive compensation for his or her position as shall be specified within the Salary Ordinance[1] of the Township of Delanco.

[Amended 1-19-1998 by Ord. No. 1-1998]

[1] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

(6) Absence, disqualification or vacancy. In the event that there is a vacancy in the position of the Township Administrator, or in the event that the Township Administrator is absent, disabled or disqualified for whatever reason, the Township Committee, by resolution, shall have the power to designate an Acting Township Administrator to act in the place of the Township Administrator, and any action taken by this person shall be deemed the official act of the Township Administrator.

(7) Duties. Subject to the authority and power of the Township Committee, the Township Administrator shall have the following duties:

(a) Supervision. The Township Administrator shall be the chief administrative officer of the Township of Delanco.

(b) Procedure. The Township Administrator shall develop, promulgate and implement, with the approval of the Township Committee, sound administrative, personnel and purchasing practices and procedures for all departments, offices and agencies of the Township of Delanco, and shall to that end:

[1] Personnel organization. Study, recommend, implement and enforce a personnel organization and policy of the Township, its departments and officials after consultation with department heads and officials.

[2] Administrative procedures. Study, recommend, implement and enforce administrative procedures and policies of the Township and its departments after consultation with department heads and officials.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Purchasing procedures. Study, recommend, implement and enforce purchasing procedures and policies of the Township and its departments after consultation with department heads and officials.

[4] Township policies. Study, recommend, implement and enforce procedures and policies of the Township, its departments and officials for receipt, dissemination, collation of and responses to communications and information after consultation with department heads and officials.

[5] Coordinate intradepartmental operations. Assign responsibility for departmental office action and coordinate intradepartmental and intraoffice operations as authorized by the Township Committee.

[6] Coordinate procedures and policies. Study, recommend, implement and enforce the procedures and policies of the Township, its departments and officials for the coordination, compiling, editing and prompt dissemination and release of public information, upon the recommendation and authorization of the Township Committee.

[7] Responsibility. See that all terms and conditions imposed in favor of the Township or its inhabitants in any statute or contract are faithfully kept and performed and, upon knowledge of any violation, call the same to the attention of the Township Committee.

[8] Financial procedures. Study, recommend, implement and enforce the financial procedures and policies of the Township, its departments and offices, after consultation with department heads and officials.

(c) Public meetings attendance. He or she shall attend all public meetings of the Township Committee and any other meetings when so requested by the Township Committee.

(d) Efficiency and effectiveness. Conduct a continuous study of all activities and operations of the Township government and recommend changes for the purpose of increasing efficiency and effectiveness; prescribe such rules and regulations as he or she shall deem necessary with the approval of the Township Committee for the conduct of administrative procedures and revoke, suspend or amend any such rules or regulations, subject to the approval of the Township Committee in all background matters to assist it with the establishment of policy.

(e) Inventory. To require the various departments, offices and agencies to effect an adequate inventory of all equipment, materials and supplies in stock and to recommend sale of any surplus, obsolete or unused equipment when authorized to do so by the Township Committee.

(f) Written reports. He or she shall make studies and surveys of such municipal problems of the Township of Delanco as shall be assigned to him or her from time to time by the Township Committee and prepare and submit written reports of his or her findings and determinations to the Township Committee, for their consideration and action. He or she shall be responsible to see that any complaints concerning the functions and obligations of the Township of Delanco made by any of its residents, citizens or taxpayers are promptly attended to and a written record of such complaints, when made, and when and what action was taken in response thereto.

(g) Budget preparation. He or she shall assist the Township Committee in the preparation of the annual Township operating and capital budgets.

(h) Aid programs information. He or she shall keep the Township Committee informed as to federal aid projects, state aid projects and any other aid programs for which the Township of Delanco may qualify.

(i) Other duties. He or she shall perform such other duties as may be from time to time specifically assigned to him or her by the Township Committee.

B. Other personnel. In addition to the Township Administrator, the Office of Township Administrator may contain the following personnel:

[Amended 6-6-1983 by Ord. No. 4-1983; 11-7-1983 by Ord. No. 6-1983[3]]

(1) Clerk, Township.

(a) Term. As is provided under N.J.S.A. 40A:9-133b, the Township Clerk shall be appointed to a three-year term which shall run from the date of appointment of the year in which the person was appointed. All tenure rights as hereinafter provided shall be calculated from the actual date of appointment of the Township Clerk.

(b) Compensation. The Township Clerk shall be paid such compensation as is established for this position within the Salary Ordinance of the Township.[4]

[4] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

(c) Tenure. A person who holds the office of Township Clerk continuously for five years from the date of his or her original appointment shall, pursuant to N.J.S.A. 40A:9-134, have tenure in such office and shall not be removed therefrom except for good cause shown after a fair and impartial hearing.

(d) Vacancy or absence. In the event that there is a vacancy in the position of Township Clerk, or in the event that the Clerk is absent, disabled or disqualified for whatever reason, the Committee shall have the power, by resolution, to designate, pursuant to N.J.S.A. 40A:9-9, a person to act in place of the Clerk, and any action taken by this person shall be deemed the official action of the Township Clerk.

(e) Qualifications. The Township Clerk need not be a Township resident and shall be qualified by training or experience to perform the duties of the office as is determined by the Township Committee to be necessary for the position.

(f) Duties and powers. The Township Clerk's duties and powers shall include the following:

[1] Clerk to the Committee. Serve as Clerk to the Committee, and in this connection he or she shall:

[a] Keep the minutes and records of the proceedings of the Committee and of the proceedings of any subcommittee upon the request of the Mayor.

[b] Preserve and compile all ordinances and resolutions, and, at the close of the year, with the advice and assistance of the Township Attorney, the Clerk shall compile, codify and bind all the ordinances and resolutions then in effect and shall properly index such compilation or codification and provide for its publication.

[c] Provide secretarial and clerical services for the Committee members in the discharge of their official duties.

[d] Publish or cause to be published ordinances as required by law in such official newspaper or newspapers as may be designated by the Committee.

[e] Issue and deliver, with the assistance of the Police Department, all notices of meetings required to be given to the Committee.

[f] Receive and transmit all communications to or on behalf of the Committee.

[g] Such other duties as the Mayor or the Committee, by resolution, shall provide.

[2] Custodian of records. Act as custodian of records for all official books, papers and documents of the municipality for which no other repository is provided by Charter or Township ordinance and preserve and keep them safely.

[3] Custodian of the Seal. Act as custodian of the Township Seal and cause it to be affixed to instruments and writings when specifically authorized by law or when necessary to exemplify any document or record in his or her office or to certify any paper.

[4] Issue licenses. Under the supervision of the Committee, administer regulatory licenses pursuant to Township ordinances and general law.

[5] Municipal Improvement Search Officer. Act as Municipal Improvement Search Officer charging and receiving for the use of the municipality such fees for searches, transcripts and certifications as shall be authorized by Committee resolution.

[6] Clerk of Elections. Act as Clerk of Elections performing all functions required by the general law under Title 19 of the Revised Statutes to be performed by the Municipal Clerk and in this connection receive for municipal use the fees prescribed therefor.

[7] Registrar of Vital Statistics. Act as Registrar of Vital Statistics pursuant to N.J.S.A. 26:8-13 and perform all the duties which are required by this designation.

[8] Other. Perform such other duties as the Committee, by resolution or ordinance, shall provide.

(2) Deputy Township Clerk.

(a) Office created. There is hereby created the office of Deputy Township Clerk of the Township of Delanco.

(b) Deputy Township Clerk temporarily appointed. Upon this chapter taking effect, the Township Committee shall appoint a suitable person in the employ of the Township to serve as Deputy Township Clerk for the balance of the calendar year.

(c) Deputy Township Clerk appointed annually. At the annual reorganization meeting of the Township Committee, a suitable person shall be appointed to serve as Deputy Township Clerk for the ensuing calendar year.

(d) Salary. The Deputy Township Clerk shall be paid an annual salary, the amount thereof to be fixed by the Salary Ordinance of the Township,[5] which salary shall be in lieu of any and all other fees.

[5] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

(e) Powers and duties. The Deputy Township Clerk shall have all the powers and perform all the duties of the Township Clerk during such times and for such specific periods as the Township Clerk shall be absent.

(3) Clerk Typist.

(a) Position created; qualifications. There is hereby created within the office of Township Clerk the position of Clerk Typist, who shall have the qualifications to meet the standards established by the Department of Civil Service within the State of New Jersey for this position.

(b) Duties. The person appointed to the position of Clerk Typist shall perform all duties related generally to the Clerk Typist position as established by the Department of Civil Service in its classification of the position, and in furtherance thereof he or she shall follow the instructions of the Township Clerk and perform such duties in accordance with his or her qualifications as the Township Clerk shall from time to time assign.

(c) Salary. The person appointed to the position of Clerk Typist within the office of Township Clerk shall be paid at an hourly rate to be fixed by the Salary Ordinance of the Township.[6]

[6] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

(4) Animal Control Officer.

(a) The position of Animal Control Officer is hereby created within the Township of Delanco to have the duties and responsibilities set forth within a certain job description prepared by the State of New Jersey, Department of Civil Service for this position.

(b)

(5) Assistant Administrator.

[Added 10-1-2012 by Ord. No. 2012-11]

(a) Appointment. The position of Assistant Administrator is hereby created by the Township Committee. This position shall be filled by a majority vote of the Township Committee. This position may be a full-time or part-time position and may be filled by an individual who holds other positions with the Township.

(b) Term. The Assistant Administrator shall serve at the pleasure of the governing body.

(c) Qualifications. The Assistant Administrator shall demonstrate knowledge of municipal governmental affairs sufficient, in the sole opinion of the Township Committee, to perform the duties of his or her office. In addition, the Assistant Administrator shall possess such additional qualifications as the Township Committee shall deem appropriate.

(d) Residency. The Assistant Administrator need not be a resident of the Township of Delanco.

(e) Compensation. The Assistant Administrator shall receive compensation for his or her position as shall be specified with the Salary Ordinance of the Township of Delanco.[7]

[7] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

(f) Duties. Subject to the authority and power of the Township Committee, the Assistant Administrator shall have the following duties:

[1] In the temporary absence of the Township Administrator, carry out the functions and duties of the position of Township Administrator as have been previously determined by the Township Administrator where it is in the best interests of the Township to not wait until the Township Administrator is available;

[2] Handle employee benefits programs including enrollment, claims issues, retirement, etc.;

[3] Serve as the Township's representative to the NJ State Office of Personnel (CAMPS program) to oversee the State Civil Service Commission rules for Delanco;

[4] Serve as pension supervisor for state programs that cover Township employees;

[5] Serve as lead Township representative for various federal, state and county grant and aid programs, in particular be the Township representative to access the state SAGE program;

[6] Represent the Township to handle bidding and contracts for regional solid waste collection for the Township;

[7] Oversee the administration of the Recycle Bank and Recycling Cart program through the county to serve Township properties;

[8] Oversee implementation of various PILOT (payment in lieu of taxes) agreements;

[9] Represent the Township with inspectors for federal, state and county agencies such as PEOSHA and NJDEP;

[10] Other duties as may be specifically assigned to him or her from time to time by the Township Administrator or the Township Committee, based on his or her qualifications, which are of a similar nature, as appropriate.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 10-3 Court, Municipal.

A. General provisions. Within Delanco Township, as with other municipalities in New Jersey, there is a Municipal Court. The Municipal Court is a branch of the court system operating in New Jersey. It is a creation of statute, but highly regulated by the Supreme Court through the Administrative Office of the Courts. The Municipal Court, further, cannot be considered truly an independent board or agency because there is no direct relationship between the Court and the policymaking function of the independent board or agency. Since the Municipal Court receives administrative support from the community but does not fit into any predetermined element of government, it has been separately listed apart from any other section. The purpose of the Municipal Court is to provide a system of justice at a local level so that inhabitants within the Township may secure, in a prompt and orderly fashion, a redress of grievances and disputes over which the Municipal Court system has jurisdiction. Through the combined efforts of all personnel contained within this Department, it is hoped that a court system efficiently run and capably staffed will continue to provide the services for which they are designed.

(1) Title. The name of the Municipal Court shall be the "Municipal Court of the Township of Delanco."

(2) Official seal. The Municipal Court shall have a seal which shall bear the impress of the name of the Court.

B. Municipal Judge.

(1) There shall be a Municipal Judge of the said Municipal Court, who shall be appointed by the Township Committee and who shall serve for a term of three years from the date of his or her appointment and until his or her successor is appointed and qualified.

(2) Compensation. The Municipal Judge shall be paid an annual salary, the amount thereof to be fixed by the Salary Ordinance of the Township,[1] which salary shall be in lieu of any and all other fees.

[1] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

C. Powers, duties and jurisdiction. The said Municipal Court and the Municipal Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by the provisions of N.J.S.A. 2B:12-1 et seq., as amended and supplemented or by any other law.

[Amended 1-19-1998 by Ord. No. 1-1998]

D. Additional personnel.

(1) In addition to the personnel provided above, the following personnel are assigned to Municipal Court:

(a) Municipal Court Administrator.

[Added 6-7-1993 by Ord. No. 8-1993]

(b) Court Clerk/Violations Clerk.

(c) Deputy Court Clerk/Violations Clerk.

(2) Rules, regulations and Township policies. Personnel within the Municipal Court, except the Municipal Court Judge, are subject to civil service requirements. All personnel are subject to the regulations promulgated by the Administrative Office of the Courts. In addition to the extent that they are not in conflict with the above, the provisions of Chapter 35, Personnel Policies, shall apply to all personnel within the Court.

§ 10-4 Finance.

A. General provisions. The Department of Finance was created for the purpose of collecting, disbursing and accounting for the funds of the Township. The following positions were created for this Department: Chief Financial Officer, Treasurer, Deputy Treasurer, Tax Collector, Deputy Tax Collector and Clerk Typist.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Chief Financial Officer.

[Added 3-20-1989 by Ord. No. 2-1989]

(1) There shall be created within the Department of Finance the position of Chief Financial Officer, who shall be a certified municipal finance officer pursuant to the provisions of Chapter 110, P.L. 1988.[2]

[2] Editor's Note: See N.J.S.A. 40A:9-140.1 et seq.

(2) The position of Chief Financial Officer shall be appointed for a term of one year commencing on January 1 of the year of initial appointment and running until December 31 of that year.

(3) The Chief Financial Officer shall carry out the responsibilities set forth under P.L. 1947, c. 151 (N.J.S.A. 52:27BB-26 et seq.), with respect to fiscal administration in local government.

(4) The Chief Financial Officer may serve as the Township Treasurer when appointed by the Township Committee and shall exercise all the functions, powers and duties of the Township Treasurer.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Treasurer.

(1) Appointment. The Township Treasurer shall be appointed by the Township Committee pursuant to N.J.S.A. 40A:9-140.1 et seq., 40A:9-1.2, 40A:9-152 and 40A:9-152.1.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Term. The Township Treasurer shall be appointed for a term of one year commencing on January 1 of the year of initial appointment and running until December 31 of that year.

(3) Qualifications. The Township Treasurer shall demonstrate a thorough knowledge of municipal financial matters in a capacity to provide the control functions required by law. In addition, the Municipal Treasurer shall possess such other qualifications deemed necessary by the Director of the Department of Finance to carry on the duties of the position of Municipal Treasurer.

(4) Residency. The Township Treasurer need not be a resident of the Township of Delanco.

(5) Compensation. The Treasurer shall receive such compensation as is specified within the Salary Ordinance of the Township of Delanco[5] for the position of Township Treasurer.

[5] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

(6) Absence, disqualification or vacancy. In the event that there is a vacancy in the position of Township Treasurer, or in the event that the Township Treasurer is absent, disabled or disqualified for whatever reason, the Township Committee, by resolution, shall have the power to designate an Acting Treasurer to act in the place of the Township Treasurer, and any action taken by this person shall be deemed the official act of the Township Treasurer.

(7) Tenure. The Township Treasurer shall be entitled to receive tenure in accordance with the procedural and legal requirements specified under N.J.S.A. 40A:9-152.

(8) Duties. It shall be the duty of the Township Treasurer to:

(a) Act as the head of the office of the Township Treasurer and supervise all personnel contained within this office.

(b) Sign all warrants drawn on the Treasury.

(c) Superintend all fiscal concerns of the municipality and report to the Committee upon request.

(d) See to the keeping of all separate accounts of all municipal appropriations to each department.

(e) Suggest plans to the Committee for the better management of municipal finances.

(f) Audit accounts of officers removed or unable to continue in office.

(g) Have control or see to the control of fiscal matters of all departments and require from all officers an account of all municipal moneys and properties.

(h) Report or see to the reporting of all defaults, delinquencies or official misconduct to the Township Auditor and the Township Committee.

(i) Examine, review and pre-audit all vouchers submitted as a claim against the municipality to determine their propriety and procedural correctness.

(j) Perform all the duties required by statute of municipal treasurers, and such other duties as the Township Committee from time to time shall direct.

D. Tax Collector.

(1) Pursuant to N.J.S.A. 40A:9-141, there shall be a position within the government of the Township known as Tax Collector. The officer serving within this position shall be appointed to the position by the Township Committee.

[Amended 6-6-1983 by Ord. No. 4-1983[6]]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Term. Any person appointed to the position of Tax Collector shall serve a four-year term commencing on the first day of January next following the date of appointment.

[Amended 6-6-1983 by Ord. No. 4-1983]

(3) Qualifications. A person appointed to the position of Tax Collector shall demonstrate by previous training, background or education a thorough knowledge of the laws of the State of New Jersey pertinent to the office for which appointment is sought and ability to properly administer the office of Tax Collection deemed appropriate by the Township Committee. As a minimum, however, every person appointed Tax Collector shall possess the certificate required by N.J.S.A. 40A:9-145.2 prior to appointment to the position.

[Amended 6-6-1983 by Ord. No. 4-1983]

(4) Residency. The Tax Collector need not be a resident of the Township of Delanco during his or her term of office.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) Compensation. The Tax Collector shall be paid in accordance with the salary schedule adopted by the Township.[8]

[8] Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.

(6) Absence, disqualification or vacancy. If during the term of office the Tax Collector shall be absent, disqualified, or if in any other way the office may be deemed vacant, then the Township Committee shall fill the position in accordance with N.J.S.A. 40A:9-1 et seq.

(7) Tenure. A Tax Collector may obtain tenure in accordance with N.J.S.A. 40A:9-144, and, subsequent to obtaining tenure as set forth within the statute cited, the Tax Collector shall continue to hold office during good behavior and efficiency and shall not be removed therefrom except with just cause as previously defined under § 10-2B(1)(c) of this article by the Township Committee.

(8) Duties. A person appointed to the position of Tax Collector shall:

(a) Act as head of the office of Tax Collector and supervise all employees contained within the office.

(b) Receive or see to the receipt and collection of all moneys assessed or raised by taxation or assessment for any purpose.

(c) Enter or see to the entrance into suitable books of account all receipts received in any given day.

(d) Deposit or see to the deposit of such public moneys received in an authorized public depository of the municipality to the credit of the appropriate account within 48 hours (or the first banking day) after the receipt of said funds.

(e) Prepare or see to the preparation of monthly reports to the Committee on all receipts, deposits and cash on hand belonging to the municipality.

(f) Prepare or see to the preparation and furnishing of a detailed and true list of all delinquent taxpayers for the next preceding year within 60 days after the end of the fiscal year or for such period as the local governing unit may require.

(g) In accordance with N.J.S.A. 54:4-72, maintain an office within the municipal building and be in attendance on such days and during such hours as the Township Committee by directive may prescribe.

(h) Perform such other duties as are specifically required of tax collectors under any provision of state statute and specifically enforce all provisions pertinent to tax collectors contained within N.J.S.A. 54:1-1 et seq.[9]

[9] Editor's Note: Former Section 3H(9) regarding collector of sewer and water rentals, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(9) In addition to the position of Tax Collector, the Office of Tax Collector may contain the following positions:

[Added 6-6-1983 by Ord. No. 4-1983[10]]

(a) Deputy Tax Collector.

(b) Clerk Typist.

[10] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)

§ 10-5 Licensing and inspections.

The Department of Licensing and Inspection is created to place within a department-level organization the inspection personnel of the Township of Delanco; and contained within the Department are those officials who have responsibilities to enforce the Uniform Construction Code applicable to the community. In addition, the Department has been assigned those personnel who have administrative and enforcement duties under the Municipal Land Use Law of the State of New Jersey.[1] It is hoped that by creating a department-level organization to contain these two important Township functions, both the Township, its citizens and applicants seeking to build within the community can look to one level of organization within the community to achieve both the right to build and proper enforcement of the regulations controlling building.[2]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2] Editor's Note: Former Section B, Personnel, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 10-6 Police.

[Amending 4-6-1987 by Ord. No. 3-1987; 1-19-1998 by Ord. No. 1-1998; 4-2-2001 by Ord. No. 4-2001; 5-19-2003 by Ord. No. 2003-7; 9-22-2003 by Ord. No. 2003-15; 4-19-2010 by Ord. No. 2010-4; 9-14-2009 by Ord. No. 2009-10; 4-18-2016 by Res. No. 2016-57; 7-11-2016 by Ord. No. 2016-8]

A. Generally. It is the function of the Police Department to bring police services to all inhabitants and taxpayers of the Township, and in this connection it shall enforce all laws which operate within the Township. It is the function of the Police Department to preserve the public peace, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and interruptions, disperse unlawful or dangerous assemblage and preserve order at all elections and public meetings and assemblages. A further function is to 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 make such rules and regulations not inconsistent with the charter, rules, ordinances and general law for such purpose. Further, the Police Department shall remove all nuisances in 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 licenses or permits. In addition, the Police Department shall perform all such other duties as the Township shall by ordinance provide. It is indicated the Police Department is a prime provider of services for the inhabitants and taxpayers of the community.

B. Establishment; composition. There is hereby established a Police Department, which shall consist of a Chief of Police, one Lieutenant of Police, up to four Sergeants, and up to 10 patrol officers as the Township Committee may from time to time appoint. The Township Committee also may employ up to two Class One special law enforcement officers and Class Two special law enforcement officers in an amount not to exceed 25% of sworn officers, pursuant to N.J.S.A. 40A:14-146.8, et. seq.

[Amended 3-4-2019 by Ord. No. 2019-4]

(1) Chain of command. All necessary orders and directives for the management and regulation of the Police Department shall be given through the chain of command. The chain of command shall be as follows:

(a) The Township Administrator as the appropriate authority, pursuant to N.J.S.A. 40A:14-118;

(b) The Chief of Police;

(c) The Lieutenant, if one is then serving;

(d) The Sergeant(s);

(e) The patrol officers; and

(f) The special law enforcement officers, if necessary.

C. Salaries. The members of the police force shall receive such annual salaries as may be fixed by the Salary Ordinance of the Township.[1]

[1] Editor's Note: The current Salary Ordinance is on file in the Township offices.

D. Appropriate authority. The appropriate authority, as said term is used in N.J.S.A. 40A:14-118, shall be delegated by the Township Committee to the Township Administrator to the maximum extent permitted by law, except with respect to matters of hiring, final decisions regarding major discipline, and promotion within the Department, in which instance the Township Committee shall be the appropriate authority. The appropriate authority shall be responsible to the governing body for the overall performance of the Police Department.

(1) The appropriate authority shall adopt and promulgate rules and regulations for the government of the police force and for the discipline of its members.

(2) Such rules, regulations, procedures and orders shall be binding upon each member and civilian employee of the Police Department, and copies shall be made available by the Chief of Police for each such member and employee.

(3) Within five days after the promulgation of any rule, regulation, procedure or order, same shall be posted by the Police Chief or designee in the Police Department, and a copy shall be made available to each member of the Department and to each civilian employee of the Department, all of whom shall acknowledge receipt of same on a form supplied by the Chief.

(4) In the event of any inconsistency between this section and the rules, regulations, procedures or orders, the provisions of this section shall control. In the case of inconsistency with any applicable collective bargaining agreement, the provisions of such agreement shall control.

E. Chief of Police.

(1) Position established. The position of Chief of Police in the Police Department of the Township of Delanco be and the same is hereby established pursuant to law.

(2) Appointment. The Township Committee be and is hereby authorized to appoint a Chief of Police in the Township of Delanco in the manner provided for by law.

(3) Duties. The Chief of Police shall be the head of the Police Department, shall be directly responsible to the Township Administrator for its efficiency and day-to-day operations and shall be subject to the rules, regulations and orders as may be prescribed by the appropriate authority. Pursuant to policies established by the Township Administrator, the Chief of Police shall:

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

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

(c) Prescribe the duties and assignments of all subordinates and other personnel.

(d) Delegate such authority, as he or she may deem necessary for the efficient operations of the Police Department, to be exercised under his or her direction and supervision.

(e) Report at least monthly to the Township Administrator, in such form as the Township Administrator shall prescribe, on the operation of the Police Department during the preceding month. Make such other reports as may be requested by the Township Administrator, which may include a monthly report of the Chief's actions, all arrests made and summons issued, all warrants executed and all complaints investigated.

(4) Qualifications. The Chief of Police shall meet all of the requirements of the law and New Jersey Civil Service Rules and Regulations pertaining to his or her position.

F. Lieutenant of Police.

(1) Position established. The position of Lieutenant of Police in the Police Department of the Township of Delanco be and the same is hereby established pursuant to law.

(2) Appointment. The Township Committee be and is hereby authorized to appoint a Lieutenant of Police in the Township of Delanco in the manner provided for by law.

(3) Duties. The Lieutenant of Police shall perform such duties as may be assigned to him or her by the Chief of Police of the Township of Delanco in accordance with their job description, rules and regulations and SOPs.

(4) Qualifications. The Lieutenant of Police shall meet all of the requirements of the law and New Jersey Civil Service Rules and Regulations pertaining to his or her position.

G. Sergeant of Police.

(1) Position established. The position of Sergeant of Police in the Police Department of the Township of Delanco be and the same is hereby established pursuant to law.

(2) Appointment. The Township Committee be and is hereby authorized to appoint a Sergeant of Police in the Township of Delanco in the manner provided for by law.

(3) Duties. The Sergeant of Police shall perform such duties as may be assigned to him or her by the Chief of Police of the Township of Delanco and such other duties and responsibilities which may be fixed from time to time by any superior officer along with their job description, rules and regulations and SOPs.

(4) Qualifications. The Sergeant of Police shall meet all of the requirements of the law and New Jersey Civil Service Rules and Regulations pertaining to his or her position.

H. Patrol officer.

(1) Position established. The position of patrol officer in the Police Department of the Township of Delanco be and the same is hereby established pursuant to law.

(2) Appointment. The Township Committee be and is hereby authorized to appoint a patrol officer in the Township of Delanco in the manner provided for by law.

(3) To be eligible for appointment to the police force as a patrol officer, an applicant shall:

(a) Be not less than 18 years of age.

(b) Be a citizen of the United States.

(c) Be sound in body, of good health.

(d) Be able to read, write and speak the English language well and intelligently.

(e) Be of good moral character.

(f) Meet all of the requirements of the law and New Jersey Civil Service Rules and Regulations pertaining to his or her position.[2]

[2] Editor's Note: Resolution No. 2021-114, adopted 9-13-2021, specifically authorizes the Police Department to hire individuals that have been exempted from taking an examination, pursuant to N.J.S.A. 11A:4-1.3a, provided; however, that the individual has successfully completed a full Basic Course for Police Officers training course at a school approved and authorized by the New Jersey Police Training Commission and is otherwise qualified pursuant to any other rules and regulations promulgated by the Civil Service Commission, pursuant to N.J.S.A. 11A:4-1.3b and is otherwise an appropriate candidate under the Delanco Township Municipal Code § 10-6 and the Delanco Township Personnel Policies and Procedures Manual.

(g) Preference shall be given to residents of Delanco Township, then to residents of Burlington County.

I. Other personnel. The job classifications assigned to the Department, in addition to those provided above, are as follows:

(1) Special officers.

(a) Creation of position. In accordance with the provisions of N.J.S.A. 40A:14-146.8 et seq., there is hereby created the position of special law enforcement officer for the Township of Delanco, County of Burlington, and State of New Jersey. Each special officer appointed shall be subject to the requirements of this article and the additional requirements set forth in N.J.S.A. 40A:14-146.8 et seq.

(b) Classification and powers. The classifications of the special law enforcement officers shall be based upon the duties to be performed by said officers and are established as follows:

[1] Class One. They are authorized to perform routine traffic details, spectator control and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief, another law enforcement officer in a supervisory capacity authorized by the Chief to act in his or her stead. Class One officers are also authorized to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of N.J.S.A. 39:1-1 et seq. The use of firearms by Class One officers is strictly prohibited, and no Class One officer shall be assigned any duties which require the carrying or use of a firearm.

[2] Class Two. Officers of this class are authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. They shall be assigned such duties as deemed necessary by the Chief of Police or, in the absence of the Chief, another law enforcement officer in a supervisory capacity authorized by the Chief to act in his or her stead. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission established within the Department of Law and Public Safety of the State of New Jersey.

(c) Compliance with other ordinances governing operations within the Police Department. All duly appointed special law enforcement officers shall be subject to the rules and regulations governing the Police Department of the Township of Delanco as adopted, including by description, but not limitation, the Standard Operating Procedures Police Manual of the Township of Delanco and other practices and procedures established.

(d) Term of appointment. Special law enforcement officers shall be appointed by the Township Committee for a term not to exceed one year, which appointments shall be made at the annual reorganization meeting or at such other times as the Township Committee deems it necessary to make such appointments. In no event shall any appointment carry a term beyond the end of the calendar year of the year in which said appointment is made.

(e) Compensation. Compensation for each class of special law enforcement officer shall be established annually by the Salary Ordinance of the Township of Delanco.[3]

[3] Editor's Note: The current Salary Ordinance is on file in the Township offices.

(f) Limitations on number of officers. The number of special law enforcement officers employed by the Township of Delanco shall be as follows:

[1] Class One. Not more than the number of regular police officers employed by the Township of Delanco.

[2] Class Two. Not more than 25% of the number of regular officers employed by the Township of Delanco subject to the limitations set forth in N.J.S.A. 40A:14-146.17.

(g) Training course: firearms. No special officer shall commence his or her duties until he or she has completed the training as required under N.J.S.A. 40A:14-146.11 or as amended from time to time.

(h) Hours of employment or assigned to duty. The Chief of Police or another law enforcement officer in a supervisory capacity authorized to act in his or her stead may assign special officers of the first and second class to perform authorized duties not to exceed the number of hours per week in accordance with existing statutes of the State of New Jersey, except in case of emergency, which shall be without limitation as to hours.

(2) School traffic guards.

(3) Police guards.

(4) Clerk typist.

(5) Police Chaplain.

[Added 10-16-2017 by Ord. No. 2017-13]

(a) Position created. The position of Police Chaplain for the Township of Delanco Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position of Chaplain shall be under the Director of Public Safety and subject to the control of the Chief of Police.

(b) Appointment. The Chief of Police may recommend to the Township Committee candidates the Chief believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the Township of Delanco Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police to determine his/her qualifications in accordance with this subsection and shall make recommendations to the Township Committee regarding the appointment as Chaplain. The Township Committee shall appoint Chaplains in accordance with this subsection.

(c) Term. A person appointed as Chaplain shall serve for a period of one year from date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police.

(d) Qualifications. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the Township of Delanco Police Department and shall be qualified in accordance with N.J.S.A. 40A:14-141.

(e) Rank. Any person appointed as Chaplain shall serve in that capacity without rank.

(f) Compensation. Any person appointed as a Police Chaplain shall receive an annual salary as determined by the Township and incorporated in the Township's Annual Salary Ordinance.

(g) Duties. The duties of Police Chaplain shall include, but not be limited to, assisting the Township of Delanco Police Department in death notifications, station house adjustments, and any other duties that may be assigned by the Chief of Police.

(h) Shared services. The Township may enter into shared service agreements with other governmental entities for the use of the Police Chaplain.

J. Temporary police officers. The Township Committee may from time to time employ upon a per diem basis such temporary police officers as may be necessary and may discharge them at any time without cause or hearing. They shall not be permanent members of the Police Department but shall, while on duty, be subject in every respect to the orders of the superior officers of the Police Department. They shall receive such compensation for each day of service as may be fixed by the Salary Ordinance of the Township.

K. Promotion. Members of the Police Department shall be promoted to hold any superior rank within the Police Department according to the requirements of the law and New Jersey Civil Service Rules and Regulations pertaining to his or her position.

L. Drug screening procedure for applicants, law enforcement trainees and sworn law enforcement officers shall be in accordance the current guidelines of the office of the New Jersey Attorney General.

M. Outside employment: full-time status. Each officer within the regulated category shall be expected to devote full time to his or her duties within the Police Department of the Township of Delanco, and no outside employment of any nature shall be permitted except as elsewhere herein provided.

(1) No officer shall seek, hold or occupy employment outside the Police Department of the Township of Delanco without receiving the written approval of the Chief of Police. The Chief of Police and Lieutenant must receive official approval of his or her employment by the Township Committee of the Township of Delanco by resolution.

(2) Officers who do not obtain the required preapprovals shall be subject to immediate removal from office or such lesser disciplinary action as the Township Committee, after hearing, shall determine is appropriate to correct the violation.

N. Outside employment through the Police Department.

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

EMPLOYEE

A regular police officer of the Police Department of the Township of Delanco that is being hired by a private employer to provide security and/or traffic control services. Special officers, as defined in N.J.S.A. 40A:14-146.8 et seq., are not permitted to perform these services and are therefore not included in this subsection.

OFF DUTY

Officer's time not scheduled for duty.

PRIVATE EMPLOYER

Any entity, public or private, other than the Township of Delanco, that is hiring an employee, as defined herein, to provide security and/or traffic control services for the private employer's business, project or function.

TOWNSHIP

The Township of Delanco.

(2) Authorization.

(a) Members of the Township's Police Department, whether they be full-time or part-time, are expressly authorized to engage in security-related and traffic control activities during their off-duty hours for private employers, so long as the arrangements therefor are made with the Township and any compensation paid to the officers for such service is channeled through the Township.

(b) The officers performing said services when authorized hereunder are also authorized to wear a Township police uniform.

(c) The authorization set forth in this subsection applies only to security-related and traffic control activities during off-duty hours for private employers.

(d) In granting this authorization, the Township assumes responsibility or liability for the actions or nonactions of the off-duty officers.

(e) Pursuant to memoranda issued by the State of New Jersey Department of the Treasury, Division of Pensions, dated August 1989 and February 1990, it is the express intention of this subsection that off-duty work authorized by this subsection shall entitle police officers to coverage under the Police and Firemen's Retirement System when they are injured during off-duty or outside employment under the scope of this subsection. Both the Township and the members of the Township's Police Department are familiar with these memoranda, and because the employees shall ultimately be subject to departmental discipline and control, and because they are ultimately paid by the Township, they are in accordance with the February 1990 memorandum prepared by Douglas R. Forrester, Director, Division of Pension, and are considered to be covered for injury or death which may occur while performing those duties.

(3) Contracts with private employers or public entities.

(a) Any private employer desiring to retain the services of police officers ["employee(s)"] of the Township of Delanco for extra-duty, security-related and/or traffic control activities shall be required to enter into a contract with the Township of Delanco. Except in cases of bona fide emergency, no assignment to extra duty may be made unless, prior to such assignment, the private party or entity has executed a contract for such services and has made the required deposit pursuant to the Uniform Agreement to Provide Security-Related and/or Traffic Control Services by Off-Duty Personnel, which form of agreement is on file with the Township Department of Finance. Said agreement shall include but not be limited to the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment of services to the officers, which shall be established by Township resolution and may be amended from time to time, administrative fees to the Township of Delanco and fees for the use of Township-owned equipment.

(b) The agreement shall provide for the deposit of monies in advance by the private employer for the services to be performed. Should the contract be for a term exceeding one month, the private employer shall be required to tender an estimated payment for the first month's services upon executing the contract and will be billed on a periodic basis thereafter. Should the actual assignment of off-duty officers amount to less than the amount deposited, the Chief Financial Officer shall, upon termination of the contract, receipt of the final certified time slips and receipt of written demand from the private employer, return all unused funds to the private employer. Nothing in this subsection shall be construed as limiting the power of the Township of Delanco to accept or reject any and all assignments with any private employer.

(c) As an alternative, the Chief of Police, with the approval of the Township Administrator, may waive the requirement that a private employer or public entity deposit monies in advance. This alternative may be used when the private employer or public entity is a public utility or is determined by the Chief to be dependable in making payments for the services of the police officer(s) within a two-week period after the services are performed, based on past history and/or appropriate performance guarantees. This alternative may be used solely at the discretion of the Chief, who may require advance payment at any time if there is any question of the private employer or public entity being willing or able to meet its quick payment responsibility.

(d) The Township holds the right to outsource, by contract, the Police Department outside employment process to a third party vendor to administer. The vendor shall have the right to charge an additional fee, other than the officer, administration and any other fees set forth in this chapter. The vendor may handle scheduling, billing, collections, pay or other services previously performed by the Township.

[Added 9-23-2019 by Ord. No. 2019-21]

(4) Cancellation policy. Any private employer who determines to cancel the services of police officers, after entering into a contract, shall be required to provide notice to the police officers before the scheduled start time of the assignment according to the current resolution setting rates for outside employment of police officers.

(5) Insurance. As a precondition to the use of employees by a private employer, the private employer shall provide written assurance that the officers are covered by the private employer's workers' compensation insurance and personal liability insurance policies and proof that the Township and its officers are named as additional insureds in amount of $1,000,000 per single occurrence, $2,000,000 in the aggregate, as well as such other information as the Chief deems appropriate. All such information shall be submitted to the Township's Attorney for approval prior to the performance of any services by Township employees.

(6) Payment for extra-duty assignments; establishment of fund. All private employers shall be required to make all payments for extra-duty assignments payable to the Township of Delanco. All payments for extra-duty assignments shall be forwarded to the office of the Chief Financial Officer of the Township of Delanco. The Chief Financial Officer shall deposit all funds earmarked for the payment of extra-duty officers, collected from private employers, into a special escrow fund which is hereby established by this subsection. The escrow fund shall be established for payment to members of the Police Department performing the extra-duty services, also referred to as "employees." All police officers shall be required to submit pay slips to the Police Chief. The pay slip shall be in a form approved by the Chief Financial Officer. Upon receipt of a properly executed pay slip verified by the private person or entity, the Finance Department will process the pay slips for disbursement during the officers' regular pay period.

(7) Administrative costs. In addition to the aforementioned fees to be collected by the Township of Delanco from said private person or public entity for the payment of said extra-duty police officer(s), the Township of Delanco shall collect an administrative fee as set by the current resolution setting rates for outside employment of Police Officers.[4] Said fee shall be used to offset the administrative costs associated with the assignment of Township police officer(s), the wear and tear of police equipment, etc.

[4] Editor's Note: The current resolution is on file in the Township offices.

(8) Use of Township vehicles. Police officers engaging in off-duty activities, as authorized and required by this subsection, may be permitted to utilize a municipal vehicle subject to the approval and consent of the Chief of Police. If a municipal vehicle is utilized, the private employer shall also pay the Township of Delanco a fee as set by the current resolution setting rates for outside employment of Police Officers for use of the vehicle. Notwithstanding the foregoing, said charge shall be waived for services contracted for by the Delanco Township Board of Education and any other federal, state, county or local public agencies.

(9) Control vested in Chief of Police. Police officers are specifically authorized to engage in off-duty assignments pursuant to the terms of this subsection. The Chief of Police of the Township of Delanco shall be responsible for the overall conduct of the members of his Department in following the rules and regulations promulgated herein and shall insure that the terms, conditions and provisions of this subsection shall be fully and faithfully carried out. The Chief of Police shall have authority to control officers engaged in off-duty or outside employment pursuant to this subsection and shall further have the authority to discipline any and all officers so engaged in outside employment by private employers should cause for such charges arise or exist.

O. Submission of provisions to Police Department. The Clerk of the Township of Delanco shall be directed to submit this section to the Police Department and all officials charged with the responsibility for the orderly functioning of the Police Department in order that they may be made aware of the provisions contained in this section.

§ 10-7 Public works.

A. General provisions. The Department of Public Works is a major element of the Township's government designed to bring direct services to the inhabitants and the taxpayers of the Township of Delanco. Through the exercise of their duties, the Department functions to provide maintenance of roads, collection of trash and maintenance of public lands. Contained within the Department are also administrative personnel who see to the proper keeping of records. Where a problem exists dealing with a subject other than police protection, it in all probability will involve some duty to be performed by the Public Works Department. Through its proper operation, many municipal services are performed. The administrative structure for the Department of Public Works is more particularly described below.

B. Director of the Department of Public Works. The Director of the Department shall be the Foreman, Streets and Roads. This individual shall have administrative charge of the Department and all personnel within it. The Director is answerable to the Township Committee for the day-to-day operation of the Department. It is his or her responsibility to assure that the policies and practices of the Township Committee are executed.

C. Personnel. The job classifications assigned to this Department are set forth below:

(1) Principal Public Works Manager.

[Added 1-19-1998 by Ord. No. 1-1998]

(2) Foreman, Streets and Roads.

(3) Assistant Foreman.

(4) Heavy Equipment Operator.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) Truck Driver.

(6) Mechanic.

(7) Laborer.

D. Contracts. Personnel within the Department, with the exception of the Foreman of Streets and Roads, are covered by a union contract.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).