[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as § 2-1 of the 1980 Code. Amendments noted
where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All legislative power of the Township, except in matters of
health, shall be exercised by the Township Committee pursuant to law,
and in the matter of health by the County Board of Health or such
other agency as may, according to law, exercise the powers of the
Board of Health.
A.
The
governing body of Fairfield Township may make, amend, repeal and enforce
ordinances to:
(1)
Manage, regulate and control the finances and property of the Municipality;
(2)
Approve all contracts and bonds;
(3)
Prescribe and define the duties and terms of all officers and employees
and provide for their compensation;
(4)
Fix fees of any officer or employee for any service rendered for
which no fee or compensation is prescribed;
(5)
Prevent vice, drunkenness, and immorality; preserve public order;
quell riots and disturbances;
(6)
Punish beggars, drunkards and vagrants; prevent loitering in streets,
parks or public places;
(7)
Control noise level;
(8)
Regulate or prohibit bathing in waters of or bounding the Municipality;
regulate the appearance of persons clad in bathing apparel on municipal
streets;
(9)
Prohibit annoyance of persons or animals;
(10)
Establish and regulate a pound; prohibit keeping of some animals
in the Municipality;
(11)
Regulate sale of merchandise from vehicles;
(12)
Regulate construction, repair and demolition;
(13)
Regulate storage of flammable materials; provide for inspection of
buildings;
(14)
Provide for removal or destruction of any dangerous structure;
(15)
Regulate construction and setting up of chimneys and furnaces;
(16)
Regulate manufacture, storage and sale of explosives;
(17)
Regulate and prohibit sale pursuant to state and federal law and
use of firearms;
(18)
Regulate use of soft coal;
(19)
Regulate use of theaters, cinema houses, public halls, schools and
churches as to safety features;
(20)
Regulate excavations;
(21)
Regulate distribution of sample medicines;
(22)
Regulate use of boats upon waters within or bounding the Municipality;
(23)
Regulate use, construction and maintenance of fire escapes;
(24)
Provide compensation and medical attention to any officer or employee
injured in the performance of his duty;
(25)
Fix and determine lines of bulkheads;
(26)
Maintain a lifeguard upon any beach within or bordering on the Municipality;
(27)
Appropriate funds to prevent drownings; use of life-saving apparatus
and educational programs;
(28)
Appropriate funds to advertise the advantage of the Municipality;
and
(29)
Regulate size of fences.
B.
Pursuant
to the applicable statutes, the governing body:
(1)
Shall pass or repeal ordinances to regulate the opening and closing
of barber shops and beauty parlors on Sundays and holidays and fix
penalties for violations;
(2)
Shall compel the repair, closing or demolition of unsafe buildings;
(3)
May cause the Municipality to join with others in an organization
of municipalities for the purpose of concerted action in a common
interest;
(4)
May set up an investigating committee with subpoena power;
(5)
May pass or repeal ordinances to license and regulate vehicles, hotels,
movie theaters, concert and dance halls, bowling alleys, amusement
areas, lumber and coal yards, meat stores, pawnshops, porters, peddlers,
distributors of magazines, periodicals, street signs, auctioneers,
gypsies and furnished and unfurnished rented housing or living units;
(6)
May designate an official newspaper for the publication of notices
required by law;
(7)
May limit certain structures to certain zones of the Municipality:
(8)
May remove and destroy brush and weeds injurious to public health
or safety;
(9)
May regulate the selling and resale for profit of tickets or other
devices for admission to theaters and places of amusement;
(10)
Shall regulate storage of liquid fuels and the construction, maintenance
and use of flues, chimneys, and space heaters using liquid fuels;
(11)
Shall contract with a humane society for the establishment of a municipal
pound;
(12)
Shall raise money through taxation;
(13)
Shall provide for the removal of snow and ice from the premises of
first aid and emergency or volunteer ambulance or rescue squads or
volunteer fire companies;
(14)
Shall also have all powers as enumerated in the New Jersey Statutes,
most specifically, N.J.S.A. 40:48-2 et seq. and N.J.S.A. 40A:63-6
et seq.
C.
In
addition to the above enumerated powers, Fairfield Township, as a
small Municipality, enables the governing body to perform the following
duties and obligations:
(1)
Shall exercise legislative powers;
(2)
Shall advise on and consent to all appointments of the Mayor;
(3)
Shall choose a Deputy Mayor to preside in the Mayor's absence.
(4)
Shall be able to serve on a finance committee once appointed by the
Mayor;
(5)
Shall assist the Mayor and Chief Financial Officer in the preparation
of an annual budget.
The Township Committee shall organize annually during the first
week in January, at which time it shall elect a Mayor from among its
members. The Mayor shall preside at meetings of the Township Committee
and perform such other duties as the Township Committee may prescribe.
In the absence or disability of the Mayor, the Deputy Mayor shall
preside as Mayor.
The statutory duties and prerogative of the Mayor may and/or
shall include:
A.
To
see that all laws and ordinances are observed and reported to the
Township Committee monthly.
B.
To
appoint the Assessor, Tax Collector, Attorney, Clerk, Chief Financial
Officer, and other officers with the advice and consent of the Township
Committee, with Committee approval;
C.
To
appoint the Finance Committee of the Township Committee and designate
other committees of the Township Committee;
D.
To
prepare the annual budget with the assistance of the Chief Financial
Officer and the cooperation of the other members of the Township Committee;
E.
To
sign and execute documents and agreements on behalf of the Township;
F.
To
have the power to make proclamations concerning holidays and events
of interest to the Township;
G.
To
exercise the ceremonial power of the Township;
H.
To
have all those powers placed in the Mayor by general law;
I.
To
preside at meetings of the Committee and shall have the right to debate
and vote on all questions before the Committee.
The Deputy Mayor shall have the same powers and prerogative
as the Mayor, except that the Deputy Mayor shall only act on said
powers and prerogative in the absence or disability of the Mayor.
Absence or disability shall be as defined in the New Jersey statutes
and shall be liberally construed. The Deputy Mayor may also serve
in such capacity as requested by the Mayor or Township Committee.
[Amended 4-15-2002 by Ord. No. 492-2002; at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
A.
The
Municipal Clerk has the following statutory duties as defined by Titles
40 and 40A of the New Jersey Revised Statutes:
(1)
To maintain a record of all ordinances.
(2)
To keep the minutes of the governing body.
(3)
To have custody of the seal of the Municipality and all papers and
records thereof.
(4)
To process, record and file all resolutions.
(5)
To record, file (and advertise the municipal budget).
(6)
To record bids for municipal equipment.
(7)
To administer and record oaths of office.
B.
The
Clerk also acts as an administrative official of the community. As
such, the Clerk:
(1)
Issues licenses.
(2)
Furnishes data to the public media.
(3)
Purchases supplies and equipment, when required.
(4)
Receives and files bonds and insurance policies.
(5)
Directs correspondence and inquiries for action to various municipal
departments.
(6)
Conducts business with other municipal departments as directed by
the governing body.
C.
The
Clerk also has duties as an election official as contained in N.J.S.A.
19:1-1 et seq. They provide that the Clerk:
(1)
Shall register voters and transmit registration lists to the County
Board of Elections;
(2)
Shall certify to the County Clerk all offices up for election;
(4)
Shall keep custody of the printed ballots;
(5)
Shall deliver to the members of the local Board of Elections all
records and equipment required to hold the election which he may have
received from the County Clerk;
The Deputy Municipal Clerk shall have the duties of the Municipal
Clerk in the Clerk's absence. The governing body of the Municipality
is authorized to create by ordinance the office of Deputy Municipal
Clerk. The Deputy Municipal Clerk has all of the powers of the Municipal
Clerk in the latter's absence.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Chief Financial Officer has the following statutory duties:
A.
To
assist the Mayor and other members of the Township Committee in preparation
of the annual budget.
B.
To
keep and maintain books and records of all financial transactions
of the Municipality in accordance with the standards and requirements
of the State Division of Local Government Services.
C.
To
have custody of all public moneys of the Municipality.
D.
To
make monthly reports to the Township Committee of all receipts, expenditures,
commitments and unencumbered appropriation balances.
E.
To
compile, at the close of the fiscal year, a true and full account
of the receipts of the Chief Financial Officer's office and the expenditures
during the year and also the state of the treasury.
The Municipal Attorney performs such duties as the governing
body prescribes by ordinance. Generally, the Municipal Attorney serves
as solicitor of record in court proceedings, advises on any matters
relating to the municipal government and supervises the preparation
of contracts, deeds, documents and ordinances and resolutions.
A.
The Municipal
Tax Assessor has the following duties:
(1)
Review, audit, and determine the taxable valuations of each taxpayer
in the taxing district required to file a personal property tax return
with him;
(2)
Determine the taxable value of tangible personal property not used
in business;
(3)
On or before January 10 in each year, complete the above-mentioned
review;
(4)
Compile a tax list and duplicate including therein the taxable valuations
of tangible personal property;
(5)
Ascertain the names of the owners of all real property situated in
the Assessor's taxing district;
(6)
After examination and inquiry, determine the full and fair value
of each parcel of real property at such price as, in the Assessor's
judgment, it would sell for at a fair and bona fide sale by private
contract on October 1 next preceding the date on which the assessment
was completed.
B.
The Municipal
Tax Assessor also has those duties as required that he perform under
N.J.S.A. 54:4-12, 54:4-23 and 40A:9-148.1.
C.
No person
shall be eligible to hold the office of Tax Assessor unless this person
holds a Tax Assessor certification.
A.
The Municipal
Tax Collector has the following duties:
(1)
Receive and collect all moneys assessed or raised by taxation or
assessment for any purpose.
(2)
Enter into the suitable books of accounts all receipts received in
a given day.
(3)
Deposit such public moneys 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.
(4)
Prepare monthly reports to the governing body on all receipts, deposits
and cash on hand belonging to the Municipality.
(5)
Prepare and furnish 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.
B.
The Municipal
Tax Collector also has those duties as dictated by N.J.S.A. 40A:9-148.1.
C.
No person
shall be appointed or reappointed as Tax Collector unless this person
holds a Tax Collector's certificate as authorized by the New Jersey
Statutes.
The Deputy Municipal Tax Collector shall aid and assist the
Tax Collector in the performance of his duties. The Deputy Municipal
Tax Collector shall have all powers and duties vested in said office
through the statutes of the State of New Jersey and through the Township
ordinances. The Deputy Tax Collector shall perform all said duties
in the absence of the Tax Collector. The Deputy Tax Collector shall
also perform such other duties as requested by the Township Tax Collector.
The statutory duties of a municipal engineer include such official
performance of functions normally associated with such a position.
A removal of any of the above enumerated officials, employee
and professional shall be upon the following procedure:
A.
Officers and employees not specifically enumerated in this section.
No officer or employee of the Township shall be removed from his office
or position except upon written charges, signed by the person making
such charges. The complaint shall be filed with the Township Committee
of Fairfield Township and a copy thereof shall be served upon the
officer or employee so charged, with notice of a designated time and
place for the hearing thereon which shall be not less than 10 days
nor later than 30 days from the service of the complaint.
(1)
The officer or employee so charged and the Township Committee shall
have the right to be represented by counsel and the power to subpoena
witnesses and documentary evidence. The Township Committee shall prescribe
rules and regulations for the conduct of the hearing.
(2)
No such officer or employee shall be removed from his office or position
for political reasons, except as otherwise provided by law, because
of a change in the form of government.
(3)
The Superior Court shall have jurisdiction to review the determination
of the Township Committee, which court shall hear the cause de novo
on the record below and affirm, modify or set aside the determination.
(4)
Either party may supplement the record with additional testimony
subject to the Rules of Evidence.
(5)
The removal procedure set forth in this subsection shall not apply
to officers for which specific removal procedures are elsewhere provided
by law. See N.J.S.A. 40A:9-161.
B.
Removal of Township Administrator. The Township Administrator may
be removed by a two-thirds vote of the Township Committee. The resolution
of removal shall become effective three months after its adoption
by the Township Committee. The Township Committee may provide that
the resolution shall have immediate effect; provided, however, that
the Township Committee shall cause to be paid to the Administrator
forthwith any unpaid balance of his salary and his salary for the
next three calendar months following adoption of the resolution. See
N.J.S.A. 40A:9-138.
C.
Removal of Municipal Clerk.
(1)
Notwithstanding
the provisions of any other law to the contrary, any person who shall
be reappointed a Municipal Clerk subsequent to having received a registered
Municipal Clerk's certificate and having served as Municipal Clerk
or performed the duties of Municipal Clerk for not less than three
consecutive years immediately prior to such reappointment or shall
have acquired tenure shall hold office during good behavior and efficiency,
and compliance with the continuing education requirements set forth
in Section 8 of P.L. 1997, c. 279 (N.J.S.A. 40A:9-133.10), notwithstanding
that such reappointment was for a fixed term of years, and he shall
not be removed therefrom for political reasons but only for good cause
shown and after a proper hearing before the Director of the Division
of Local Government Services in the Department of Community Affairs
(hereinafter Director) or his designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The
removal of a registered Municipal Clerk shall be only upon a written
complaint setting forth with specificity the charge or charges against
him. The complaint shall be filed with the Director and a certified
copy thereof shall be served upon the person so charged with notice
of the designated hearing date before the Director or his designee
which shall not be less than 30 days nor more than 60 days from the
date of service of the complaint. Such date may be extended by the
Superior Court for good cause shown upon the application of either
party. The person so charged and the complainant shall have the right
to be represented by counsel and the power to subpoena witnesses and
documentary evidence together with discovery proceedings. See N.J.S.A.
40A:9-133.7.
D.
Removal of Tax Collector.
(1)
Notwithstanding the provisions of any other law to the contrary,
any person who shall be reappointed Tax Collector subsequent to having
received a Tax Collector's certificate pursuant to N.J.S.A. 40:9-145.3
and having served as Tax Collector or performed the duties of Tax
Collector for not less than four consecutive years immediately prior
to such reappointment or shall have acquired tenure shall hold his
office during good behavior and efficiency, and compliance with requirements
for continuing education pursuant to Sections 6 and 7 of P.L. 1993,
c. 25 (N.J.S.A. 40A:9-145.3a and 40A:9-145.3b), notwithstanding that
such reappointment was for a fixed term of years, and he shall not
be removed therefrom for political reasons but only for good cause
shown and after a proper hearing before the Director of the Division
of Local Government Services in the Department of Community Affairs
(hereinafter Director) or his designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The removal of a municipal Tax Collector shall only be upon a written
complain setting forth with specificity the charge or charges against
him. The complaint shall be filed with the Municipal Clerk and the
Director and a certified copy thereof shall be served upon the person
so charged with notice of a designated hearing date before the Director
or his designee which shall not be less than 30 days nor more than
60 days from the date of service of the complaint. Such date may be
extended by the Superior Court for good cause shown upon the application
of either party. The person so charged and the complainant shall have
the right to be represented by counsel and the power to subpoena witnesses
and documentary evidence together with discovery proceedings. See
N.J.S.A. 40A:9-145.8.
[Added 4-19-2011 by Ord.
No. 02-2011]
A.
Any elected or appointed official of the Township of Fairfield who
shall be a member of a board, committee, commission or other agency
who fails to attend or participate in the meetings of such body for
more than eight consecutive weeks or four consecutive meetings, whichever
shall be longer, without being excused by the majority of the board,
committee, commission, authority or agency shall be deemed to have
vacated such position; provided, however, that the majority of any
board, committee, commission, authority or other agency may excuse
failure to attend by such member which is not due to legitimate illness
and provided further that no vacancy in any office shall be created
as a result of any member's legitimate illness.
B.
The office of any person who is a member of any board, committee,
commission, authority or other agency of the Township of Fairfield
shall also be deemed vacant for such other reasons as may be set forth
in N.J.S.A. 40A:9-12.1 as may be amended from time to time.
C.
In the event that vacancies are created as a result of any of the
foregoing, the appointing authority shall forthwith fill the office
for the unexpired term in the manner prescribed by law.
[Amended 4-15-2002 by Ord. No. 490-2002]
The following procedures will be used to make all purchases
except for emergency purchases and those purchases, contracts and
agreements specifically exempt from this process pursuant to the N.J.S.A.
40A:11-5 and 40A:11-6.
A.
Regular purchase procedure.
(1)
The purchase procedure is begun by a department head or other Township
employee or officer creating and completing a purchase requisition.
(2)
After obtaining prices, departments will fill out a request form
for the items they wish to purchase. The request form must have all
necessary information, including account to be charged, vendor information
and detailed description of the items to be purchased.
(a)
All purchases over $1,000 must have quotations attached from
three vendors.
(3)
The completed purchase requisition is turned into the Township Chief
Financial Officer's office for approval of availability of funds.
(4)
The Finance Office will create a four-part purchase order. Once the
purchase order has been given a number it will be forwarded to the
Administrator's office for approval.
(5)
When a purchase order has been fully approved, the Finance Office
then forwards three copies of the approved purchase order to the department
head or other individual, employee or officer who initiated the initial
purchase requisition. The initiating department is responsible for
disseminating the remaining copies.
(6)
Upon receipt of the goods and/or services, the department head or
Township employee will sign off on the department's copy and return
it to the Finance Office.
(7)
When the Finance Office has received the original blue copy back
from the vendor, signed, has received an invoice and the signed departmental
copy of the purchase order, the Finance Office will then place the
purchase order on the next payment of bills submitted to the Township
Committee.
(8)
Prior to the action meeting, the Administrator will be given the
purchase orders listed on the payment of bills to review and give
final approval.
(9)
Upon the Township Committee's review and approval of said purchase
order, checks will be issued for payment from the Finance Office.
(10)
Payment of all utilities need not go through this process.
(11)
Consumables purchased frequently by a particular vendor may be issued
on a "Blanket PO" for no more than $500 for supplies and $1,000 for
repair items, all subject to approval by the Administrator. The Blanket
PO must go through the normal requisition process. When presenting
invoices for partial payment on these POs, a signed voucher must accompany
the bill.
(12)
Reimbursements for travel, business expenses, emergency purchases
and/or services may also be paid by a voucher with prior approval
by the Administrator.
(13)
Prepayment for all conferences and other related business expenses
should be done by requisition prior to the date of attending.
(14)
Purchase orders/vouchers for payment of the bill schedule must be
in the Finance Office no later than the Tuesday before the first Tuesday
of the month.
B.
Emergency purchase procedures. Emergency purchases are defined as
those expenditures that are not and cannot be anticipated, and that,
if said purchase is not completed, harm or loss of funds will be suffered
by the Township and/or its residents. An emergency purchase shall
be handled as follows:
(1)
The individual, employee or officer of the Township to whom the emergency
becomes known shall immediately contact the Administrator and the
Township Committee member who is liaison to his department. If no
such liaison exists, said individual shall contact the Mayor or Deputy
Mayor. The emergency shall be communicated to the Township Committee,
liaison, Mayor or Deputy Mayor for its or his determination that an
emergency does exist.
(2)
If the situation is determined to be a true emergency, the employee
or officer of the Township shall submit the necessary requisition
to the Finance Office within 24 hours.
(3)
The voucher/purchase order shall be presented to the Township Committee
for approval at the next regular Township Committee meeting along
with a written explanation of the emergency situation.
(4)
Upon approval of said voucher at said Township Committee meeting
the voucher shall be returned to the Township Chief Financial Officer
and shall be paid by the same.
C.
Exceptions to purchase procedures. N.J.S.A. 40A:11-5 allows for certain
exceptions to the normal purchase procedure, which includes, but is
not limited to, billing for professional services, the doing of work
by employees of the contracting unit, the printing of legal briefs,
records and appendices to be used in any legal proceeding, furnishing
of a tax map or maps for the Township, purchase of perishable foods
as a subsistence supply, the supplying of products by public utilities,
the acquisition subject to prior approval of the Attorney General
of special equipment for confidential investigation, the printing
of bonds and documents, equipment repair service if in the nature
of an extraordinary, unspecifiable service, publishing of legal notices
in newspapers as required by law, acquisition of artifacts or other
items of unique, intrinsic, artistic or historical character, election
expenses, and insurance.
(1)
These items shall be paid for by the Township through the voucher
system, with said entities supplying itemized bills to the Township
with other verification as necessary by the Township Committee. These
bills shall be placed on voucher by the Township Chief Financial Officer.
All bills shall be turned in to the Township Chief Financial Officer
to verify that funds are available.
(2)
When the Township Chief Financial Officer determines that funds are
available for the purpose, the completed voucher shall be placed before
the Township Committee for its approval.
(3)
Upon approval of said voucher by the Township Committee the bill
shall be paid by the Township Chief Financial Officer.
[Amended 4-15-2002 by Ord. No. 490-2002]
A.
The following information is required for all requisitions as listed under § 5-16A. A sample purchase requisition form is included as Attachment 1.[1] The numbers shown below correspond to those found on the
form.
|
1.
|
Purchase order: This number should be pre-printed. Various numbering
codes can be used.
|
|
2.
|
Vendor number: Will be supplied by Chief Financial Officer.
|
|
3.
|
Date: Date of the request.
|
|
4.
|
Account or appropriation number: Account code to be charged.
|
|
5.
|
Deliver to: Delivery point. Be specific — give full
address, including room number and to whom delivery should be made,
if applicable.
|
|
6.
|
Delivery date required by: Desired delivery date. Allow sufficient
time (at least one or two weeks) for order to be processed.
|
|
7.
|
Quantity: Quantity required.
|
|
8.
|
Full description of requested purchase: Be as specific as possible.
Give full description, i.e., model number, size, full specifications
of required purchase. Whenever possible, the minimum quantity requested
should be for a three-month period. If known, annual supply quantities
should be indicated.
|
|
9.
|
Estimated unit price: Provide as close an estimate as possible.
|
|
10.
|
Amount: Multiply the quantity by the price and enter the total
amount of those items.
|
|
11.
|
Total: Total estimated price.
|
|
12.
|
Suggested vendor(s): Requesting unit may be requested to supply
the names and complete addresses of suggested vendors from whom the
required goods or services are available, including company name,
address, phone number, price and amount.
|
|
13.
|
Approval: Signature of department or agency head or authorized
agent.
|
|
14.
|
Quotable: Are the products quotable, yes or no.
|
|
15.
|
State contract: Can the item be purchased under state contract
and, if so, the contract number.
|
[1]
Editor's Note: Said form ins included as an attachment to this chapter.
B.
Depending on established policy, each unit (department, board, agency, office or employee, etc.) may be responsible for locating vendors able to fulfill the Township of Fairfield supply or service needs and obtain informal price quotations. These vendors are to be listed on the requisition in Subsection A, Item 12. No order is to be placed or commitment made except by an approved written purchase order or by the emergency purchase procedure.
(1)
The requisition must be approved and signed by the head of the requesting
unit or an authorized agent. The requisition must then be reviewed
by the Finance Office for availability of funds and then approved
by the Administrator.
(2)
The requisition should be submitted well in advance (two or three
weeks is desirable) of the time the goods, materials or services are
needed to allow sufficient time for review and for preparation of
specifications, advertisement for bids (when required) or for the
solicitation of informal quotations for more difficult purchases.
C.
The original of the requisition is forwarded to the purchasing authority.
If the requisition is not properly completed, it should be returned
to the originating unit for correction, additional information or
clarification. The purchasing authority will also review a unit's
requisition, making necessary consolidations and standardizations
with the requests of other units. Requesting units should be advised
and consulted when standardizations are made. If the total and aggregate
dollar amount of the purchase request(s) equals or exceeds the statutory
minimum, written specifications and sealed bids, or informal solicited
quotations may be required as according to New Jersey state law. To
record the request, the original of the requisition is retained by
the purchasing authority and attached to the Finance Office copy of
the approved purchase order. State-approved contract vendors or cooperative
pricing systems vendors pursuant to N.J.S.A. 40A:11-11(5) may also
be used to fulfill the contracting unit's needs. These requests need
to follow the same purchasing procedures as all other requests.
A.
If a Township department head, employee or official violates the
procedures established in this chapter, the following system shall
be implemented to handle said violation:
(1)
An officer, department head, employee, or interested member of the
public may state, in writing, to the Township Clerk that he believes
that some violation of this procedure has occurred.
(2)
The Township Clerk shall immediately notify each member of Township
Committee of this alleged violation. If a member of Township Committee
is the accused, he shall be notified of that fact.
(3)
The matter shall be placed on the agenda of the next Township Committee
meeting for review by the entire Township Committee. The parties involved
in the accusation shall be advised of this meeting and agenda placement
so that they are given the opportunity to attend. A Township employee
or department head can be ordered to appear by the Township Committee
to explain the questioned behavior.
(4)
The Township Committee shall make a determination after review of
all facts and interview of the interested parties as to whether to
proceed with the charge. If the Committee decides that insufficient
evidence exists for the following official process to be started,
it shall place on the record its reasons for making said determination
at the public portion of a meeting.
(5)
Said determination shall be communicated to the individual who brought
this to the attention of the Township Committee, in writing, with
a brief explanation of the reasons why the matter will not be pursued.
Said notification shall include a paragraph explaining to the interested
person or individual the procedure available for investigation of
expenditures of a local unit as provided by N.J.S.A. 40A:5-22.
B.
If the Committee determines that there is sufficient cause for investigation,
the following procedure shall be followed:
(1)
A formal written complaint specifying the charges and accusations
shall be prepared and forwarded by certified mail to the accused.
The complaint shall state a date and time for a hearing to be held
before the Fairfield Township Committee.
(2)
At said hearing, the Committee and the accused shall have the right
to counsel at their own expense and to call witnesses on their behalf.
(3)
The hearing shall be held pursuant to proper parliamentary procedure
and shall be presided over by the Mayor or Deputy Mayor.
(4)
The Township Committee shall decide by majority vote as to whether
any wrongdoing has occurred and what party is obligated in regard
to said wrongdoing. A tie vote shall be construed as a no vote as
to the charges.
(5)
If the Township Committee affirmatively determines that a violation
has occurred, it shall then determine by majority vote the proper
penalty in regard to said violation which includes but is not limited
to suspension and/or other corrective penalties, and restitution for
the amount improperly spent may be ordered by said Township Committee.
(6)
The accused shall be notified, in writing, of this decision. Said
letter shall include an explanation under N.J.S.A. 40A:5-22 that all
investigations of expenditures of the local unit may be reviewed by
the Superior Court should a party move to do so.
(7)
The Township Committee also shall be cognizant of the provisions
available through N.J.S.A. 40A:5-22 and may defer to that procedure
should it decide to do so by majority vote.
C.
Collection procedures of moneys found due and owing pursuant to this
procedure.
(1)
A person found to have violated this procedure and to owe moneys
pursuant hereto shall immediately enter a written agreement approved
by a majority vote of Township Committee as to repayments of all sums
found due and owing.
(2)
If no agreement can be reached with said officer or employee, the
Township may resort to all collection procedures available through
the New Jersey Statutes Annotated including reducing said amount to
a judgment and collecting the same through all proper procedures,
including, but not limited to, wage attachment/garnishment, seizure
of property and/or seizure of other monetary sources allowable by
law.
A.
Any person, official, or entity found to have violated the provisions
of this chapter shall be fined for the first offense not more than
$500.
B.
Any person, official, or entity found to have committed a second
violation of the same or any other provision of this chapter shall
be punished by fine not to exceed $2,000 or by imprisonment not to
exceed 90 days or by community service not to exceed 90 days or any
combination thereof, in the discretion of the Municipal Court.
[Amended 4-20-2016 by Ord. No. 8-2016]
C.
Each expenditure in violation of this chapter shall constitute separate
offense. Notwithstanding the penalties described herein for violation
of this chapter, the Municipality shall be entitled to pursue any
other remedies available in law or in equity to enforce the provisions
hereof and to protect the citizens of Fairfield Township.
D.
The provisions of this chapter shall not in any way be deemed to
hinder or prohibit prosecution of violators pursuant to proper New
Jersey statutes and the penalties and provisions of New Jersey statutes
are deemed to be in addition to the penalties and provisions of this
chapter.
This chapter refers herein to parties, officials, employees,
and other persons in the singular masculine gender, but where appropriate
to the context and intent the same shall be construed in the proper
female gender.
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstances
is held invalid, said invalidity shall not affect any other provision
or application of this chapter which can be given effect without the
invalid provision or application of this chapter.
