Town of Morristown, NJ Policies and Procedures

All or any portion of the applicable requirements of this section shall not apply to employees covered by a collective bargaining agreement, to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms.

With respect to employees covered by a collective bargaining agreement in effect at the time of the effective date of this section, no provision of this section shall apply until the expiration of the collective bargaining agreement; however, if the terms of an expired collective bargaining agreement provide paid sick leave that is more generous than provided by this section, those terms of the expired collective bargaining agreement apply to the extent required by law.

§ 2-89.3 Accrual of paid sick time.

[Ord. No. O-35-2016]

All employees accrue a minimum of one hour of paid sick time for every 30 hours actually worked, subject to the limits set forth below in Paragraphs (2) and (3).

Employers who employ 10 or more employees for compensation are not required to provide more than 40 hours of paid sick time in a calendar year;

(3)

Employers who employ fewer than 10 employees for compensation are not required to provide more than 24 hours of paid sick time in a calendar year, except for employees who are child care workers, home health care workers and food service workers. For child care workers, home health care workers and food service workers, employers are required to provide up to 40 hours of paid sick time, so long as the hours are accrued in a calendar year as set forth in Paragraph (1) above.

(4)

In determining the number of employees performing work for an employer, all employees performing work for compensation on a full-time, part-time, or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation during the preceding calendar year.

(5)

Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the Federal Fair Labor Standards Act are assumed to work 40 hours in each work week for purposes of paid sick time accrual unless their normal work week is less than 40 hours, in which case paid sick time accrues based upon that normal work week.

(6)

Employees begin to accrue Paid Sick Time on the first day of employment. Employees are entitled to use accrued Paid Sick Time beginning on the 90th calendar day of their employment and thereafter employees are entitled to use Paid Sick Time as it is accrued.

(7)

Accrued but unused Paid Sick Time shall be carried over to the following calendar year, provided that no employer shall be required to carry over more than 40 hours of unused Paid Sick Time from one calendar year to the next or allow the use of more than 40 hours of Paid Sick Time in a calendar year. An employer shall not be required to carry over unused Paid Sick Time if the employee is paid for any unused Paid Sick Time at the end of the calendar year in which such time is accrued.

(8)

Any employer with a paid leave policy, such as a paid time off policy, that provides an amount of paid leave sufficient to meet the total annual accrual requirements of this subsection that may be used for the same purposes and under the same conditions as Paid Sick Time under this section is not required to provide additional Paid Sick Time.

(9)

Nothing in this subsection shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued Paid Sick Time that has not been used.

(10)

If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer in the Town of Morristown, the employee is entitled to all Paid Sick Time accrued at the prior division, entity, or location and is entitled to use all Paid Sick Time as provided in this subsection. If there is a separation from employment and the employee is rehired within six months of separation, previously accrued unpaid sick time that had not been used shall be reinstated. Further, the employee is entitled to use accrued unpaid sick time and accrue additional unpaid sick time at the recommencement of employment.

(11)

When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all Paid Sick Time accrued when employed by the original employer and are entitled to use all Paid Sick Leave previously accrued.

(12)

At its sole discretion, an employer may loan paid sick time to an employee in advance of accrual by such employee. A decision by an employer to deny a loan request by an employee shall not subject the employer to any liability under this section.

§ 2-89.4 Use of paid sick time.

[Ord. No. O-35-2016]

Paid sick time shall be provided to an employee by an employer for:

An employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; an employee's need for preventive medical care;

Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; care of a family member who needs preventive medical care;

_____

Closure of the employee's place of business by order of a public official due to a public health emergency or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the family member's presence in the community would jeopardize the health of others because of the family member's exposure to a communicable disease, whether or not the family member has actually contracted the communicable disease.

Nothing in this section prohibits an employer from requesting that an employee confirm in writing following use of Paid Sick Time that the Paid Sick Time was used for an authorized purpose under this section.

(3)

Where the need to use Paid Sick Time is foreseeable, an employer may require reasonable advance notice of the intention to use Paid Sick Time. In no event shall an employee be required to give notice more than seven days prior to the date such sick time is to begin. Where such need is not foreseeable, an employer may require an employee to provide notice of the need for the use of sick time before the beginning of the employee's work shift or work day or, in cases such as emergencies where advance notice is not possible, notice shall be provided by the Employee as soon as practicable.

(4)

An employer may not require, as a condition of an employee's taking Paid Sick Time, that the employee search for or find a replacement worker to cover the hours during which the employee is absent.

(5)

Accrued sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.

(6)

After an employee has used Paid Sick Time for three consecutive days or three consecutive instances, an employer may require an employee to provide reasonable documentation that the time has been used for a purpose covered by Paragraph c(1) of this subsection. In this instance, the employer may require documentation signed by a health care professional indicating that the Paid Sick Time was necessary; however, an employer may not require that the documentation explain the nature of the illness.

§ 2-89.5 Exercise of rights protected; retaliation prohibited.

[Ord. No. O-35-2016]

No person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this section.

No person shall retaliate against an employee because the employee has properly exercised rights protected under this section.

§ 2-89.6 Notice and posting and fines and penalties for violations of notice, posting and other requirements.

[Ord. No. O-35-2016]

All employers shall give written notice to each employee at the commencement of the employee's employment (or as soon as practicable if the employee is already employed on the effective date of this law) regarding employee's rights under this section. Such notice shall describe the right to paid sick time, the accrual rate and the amount of Paid Sick Time, and the terms of its use under this section; the right to be free from retaliation for properly requesting use of Paid Sick Time; and the right to file a complaint or bring an action in Municipal Court if Paid Sick Time is denied by the employer or the employee is retaliated against for requesting or taking paid sick time. Such notice shall be in English and the primary language spoken by that employee, so long as the primary language of that employee is also the primary language of at least 10% of the employer's workforce.

TOWN OF MORRISTOWN MUNICIPAL IDENTIFICATION (MMID) CARD or MORRISTOWN IDENTIFICATION CARD

Employers shall also display a poster in a conspicuous and accessible place in each business establishment where employees are employed containing the information required in Paragraph (1) of this subsection. The poster shall be in English and in any language that is the first language of at least 10% of the employer's workforce.

(3)

The Department can create and make available to employers notices and posters in English and Spanish and any other languages deemed appropriate by the Department that contain the information required under Paragraph (1) of this subsection for employers' use in complying with this subsection.

§ 2-89.7 Fines.

[Ord. No. O-35-2016]

Any employer who violates the provisions of this section is subject to a fine as provided in § 1-5 of the Code of the Town of Morristown, 2007. In addition to the fines set forth above, any employer who violates this section is subject to payment of restitution in the amount of any Paid Sick Time unlawfully withheld.

§ 2-89.8 Employer records.

[Ord. No. O-35-2016]

Employers shall allow the Department reasonable access to records and to monitor compliance with the requirements of this section. An employer's failure to maintain or retain adequate records documenting hours worked by an employee and Paid Sick Time taken by an employee creates a rebuttable presumption that the employer has violated this section, absent clear and convincing evidence otherwise.

§ 2-89.9 Enforcement and regulations.

[Ord. No. O-35-2016]

The Department shall coordinate implementation and enforcement of this section and promulgate appropriate guidelines or regulations for such purposes.

The Department shall have broad powers to ensure compliance with this section.

In the event an allegation of noncompliance cannot be resolved by the Department with the Employer, a complaint may be filed, by the Department and/or the Employee as the complainant, in the Morristown Municipal Court for any alleged violation of this section.

The Municipal Court shall have the power to adjudicate all allegations of violations of this section and impose fines or penalties provided for in this section, or any further relief deem appropriate by the court including but not limited to restitution, reinstatement, injunctive or declaratory relief.

Submitting a complaint to the Department is neither a prerequisite nor a bar to bringing a private action.

The Department shall have the power to do outreach to inform the residents of the Town of their rights under this section and to publicize online and in other media the names of Employers who violate this section.

§ 2-89.10 Confidentiality and nondisclosure.

[Ord. No. O-35-2016]

An employer may not require disclosure of the specific details relating to an employee's or an employee's family member's medical condition as a condition of providing Paid Sick Time under this section. If an employer possesses health information about an employee or employee's family member, such information shall be treated as confidential and shall not be disclosed by the employer except to the affected employee or with the permission of the affected employee.

The Department shall maintain confidential the identity of any complaining person unless disclosure of the identity is necessary for resolution of the investigation. The Department shall, to the extent practicable, notify a complaining person that the Department will be disclosing his or her identity prior to such disclosure.

§ 2-89.11 No effect on more generous policies.

[Ord. No. O-35-2016]

Nothing in this section shall be construed to discourage or prohibit an employer from the adoption or retention of a paid sick time policy more generous than the one required herein.

Nothing in this section shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan, or other agreement providing more generous paid sick time to an employee than required herein.

Nothing in this section shall be construed as diminishing the rights of public employees regarding paid sick time or use of paid sick time as provided in the laws of the State of New Jersey pertaining to public employees.

Nothing in this section shall be construed as diminishing the rights secured by S2177, the "New Jersey Security and Financial Empowerment Act" for domestic violence victims in the Town of Morristown.

Nothing in this section shall be construed or interpreted in a way that would conflict with any State or Federal law pertaining to paid sick time or employee benefits.

§ 2-89.12 Other legal requirements.

[Ord. No. O-35-2016]

This section provides minimum requirements pertaining to Paid Sick Time and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of sick time, whether paid or unpaid, or that extends other protections to employees.

§ 2-90 TOWN OF MORRISTOWN IDENTIFICATION CARD PROGRAM.

§ 2-90.1 Program established.

[Ord. No. O-19-2017 § 1]

The Town of Morristown hereby establishes a Town of Morristown Identification Card Program which shall be issued to individuals who can prove their identity and residency, in accordance with the terms of this section. The Division of Vital Statistics (hereinafter referred to as the "Administering Department") shall be designated as the department to administer the Morristown Identification Card Program.

The Administering Department shall issue such policies and procedures necessary to effectuate the purposes of this section; including, the designation of access sites where applications for such cards shall be made available for pick-up and submission. The Administering Department shall also make the applications available online.

§ 2-90.2 Definitions.

[Ord. No. O-19-2017 § 2]

CARE ADDRESS

Authorized use of address by Town agency, hospital, private or public shelter, non-profit organization or religious institution in Morristown serving homeless individuals or survivors of domestic violence.

CARE ADDRESS LETTER

A letter from a Town agency, hospital, non-profit organization, private or public shelter, non-profit organization, or religious institution in Morristown, New Jersey authorizing use of address. Letter must indicate applicant has received services from the entity for the past 15 days and may use entity's address for mailing purposes (dated within 15 days). Address on card will be "Care Of" the organization.

CARE OF ORGANIZATION

Town agency, hospital, private or public shelter, non-profit organization, or religious institution in Morristown, New Jersey serving homeless individuals or survivors of domestic violence.

RESIDENT

A person who can establish that he or she is a current resident of the Town of Morristown.

TOWN

Unless otherwise identified shall solely mean Town of Morristown.

An identification card issued by the Town of Morristown that shall, at a minimum, display the card holder's photograph, name, date of birth, address, signature, issuance and an expiration date. Such card shall also, at the cardholder's option; display the cardholder's self-designated gender. Such identification card shall be designated in a manner to deter fraud.

§ 2-90.3 Issuance of Morristown identification cards; display; term; fee.

[Ord. No. O-19-2017 § 3]

The Town of Morristown Identification Card shall be available to any resident of the Town of Morristown regardless of his or her race, color, creed, age, national origin, alienage, or citizenship status, gender, sexual orientation, disability, marital status, partnership status, any lawful source of income, housing status, status as a victim of domestic violence or status as a victim of sex offenses or stalking, or conviction or arrest record, provided that such resident is able to provide the requirements for establishing his or her identity and residency as set forth in this section and of any applicable policies and procedures established by the Administering Department.

The Morristown Identification Card shall display at minimum the applicant's full name, photograph, address, date of birth, signature, card issue and expiration dates.

The Administering Department shall, through policy and procedure establish as required by this section, guidelines to protect the address of victims of domestic violence or alternate requirements for applicants who lack a permanent address. Such card shall also, at the cardholder's option; display the cardholder's self-designated gender.

Such identification card shall be designed in a manner to deter fraud which may include: bar codes, serial numbers, watermarks, Town Seal, and other security measures to deter fraud.

The Town of Morristown Identification card is valid for two years from date of issuance. Residents age 14 or over may apply for a card. Relocation out of the Town invalidates the Town of Morristown Identification Card and shall be returned to the Town for destruction.

The fee for the issuance of the Town of Morristown Identification Card shall be $15 for adults and $7 for children, veterans, the disabled and senior citizens. Renewal of card shall be $15 and change of information shall be $7. The Administering Department may adopt rules and permit residents who cannot afford to pay such fee(s) to make a hardship application and to be granted a full or partial waiver of the fee. The Administrating Department may in full or in part waive the fee for the Town of Morristown Identification Card, if an applicant can establish a hardship exemption. Applicants may file for a hardship exception waiver during application's intake process. In order for an applicant to be granted a hardship waiver, the applicant must demonstrate and have proof of one of the following circumstances:

Applicant is currently homeless; or

Applicant has proof of eviction within the last three months; or

Applicant has recently reported domestic violence; or

Applicant has proof of substantial debt caused by medical expenses within the last 12 months; or

Applicant is currently unemployed; or

Applicant has filed for bankruptcy within the last six months; or

Applicant currently receives one of the following:

Supplemental Nutrition Assistance Program, or SSI, or TANF, or Food Stamps; or The applicant should provide proof in the form of a letter, notice or other official document containing the name of the agency granting the benefit, the name of the recipient of the benefit and the name of the benefit received.

Applicant's current household income is at or below 15% of the Federal poverty level.

§ 2-90.4 Proof of residency and identity.

[Ord. No. O-19-2017 § 4]

In order to obtain a Town of Morristown Identification Card an applicant must establish their identity and residency within the Town of Morristown as follows:

Proof of identity. The Town of Morristown Identification Card Program will use a point system to determine if applicants are able to prove identity and residency in Morristown, New Jersey. In order to establish identity, an applicant shall be required to produce one or more of the following expired or unexpired documents (expired documents must contain a profile picture) with a valid Morristown address: a U.S. or foreign passport; a U.S. driver's license; a U.S. boater's license; a voter registration card; a valid U.S. State corrections identification card; a formerly incarcerated release form; a U.S. State identification card; a U.S. permanent resident card; a consular identification card; a photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country; a certified copy of U.S. or foreign birth certificate; Social Security card; a national identification card with photo, name, address, date of birth, and expiration date; a valid foreign driver's license; a U.S. or foreign military identification card; a current visa issued by a government agency; a current U.S. work permit; a U.S. Individual Taxpayer Identification Number ("ITIN") authorization letter; an Electronic Benefit Transfer (EBT) card; or any other documentation that the (administering agency) deems acceptable. If the individual is a minor, proof must be furnished on behalf of said minor by the individual's parents or legal guardian or by a court of competent jurisdiction. The Administering Department shall, through the policy and procedure it establishes, create a point system to ensure uniformity and non-biased requirements by which individuals may establish identity and residency. The Administering Department through its policies and procedures shall determine the weight to be given to each type of document provided in this paragraph, and require that at a minimum an applicant produce more than one document to establish identity.

Proof of residency. In order to establish residency, an applicant must present one or more of the following items showing both the applicant's name and residential address located within the Town: a utility bill, a local property tax statement or mortgage payment receipt within one year of the date it is submitted; a bank account statement, proof that the applicant has a minor child currently enrolled in a school located within the Town; an employment pay stub; a jury summons or court order issued by State or Federal court; a Federal or State income tax or refund statement; an insurance bill (homeowner's, health, life or automobile insurance); Care Address Letter confirming residency; and any other document the Administering Department determines is acceptable which shall be set forth in its policies and procedures it promulgates. The Administering Department shall create through it policies and procedures alternative methods to establish residency, notwithstanding the lack of fixed address. The Administering Department may consider a care address acceptable for the homeless and domestic violence applicants.

All Town of Morristown departments shall accept the Morristown Municipal Identification Card as proof of identity and residence for access to Town services and benefits unless such acceptance is prohibited by Federal or State law or unless the department or authority has reason to suspect fraud by the purported cardholder. The Town of Morristown shall take reasonable efforts to promote the acceptance of the card by banks and other public and private institutions and publicize the benefits associated with the Town of Morristown Identification Cards.

§ 2-90.5 Confidentiality.

[Ord. No. O-19-2017 § 5]

The records relating to the application and issuance of the Town of Morristown identification cards shall be maintained in accordance with law.

The Town of Morristown shall make best efforts to protect the confidentiality of all municipal card applicants to the maximum extent allowable by Federal and State law. The Town of Morristown shall not disclose personal information obtained from an applicant for a Town of Morristown Municipal Identification card to any individual, public, or private entity, unless required by a court of competent jurisdiction, or authorized in writing by the individual to whom such information pertains, or when such individual is a minor or is otherwise not legally competent, by such individual's parent or legal guardian; when so ordered by a court of competent jurisdiction; to a requesting Town department for the limited purpose of administering the program or determining or facilitating the applicant's eligibility for additional benefits or services or care and provided that such disclosure is made in accordance with all applicable Federal and State privacy laws and regulations.

The Administering Department shall not retain original or copies of documents provided by an applicant to prove identity or residency when applying for a Morristown Town Identification Card. Any documentation provided by the applicant during the application process shall be immediately returned to the applicant after the Morristown Identification Card is printed.

§ 2-90.6 Access to services.

[Ord. No. O-19-2017 § 6]

All municipal agencies and offices, and all municipal employees, including law enforcement officers, shall accept such card as proof of identity and residency.

The Town of Morristown shall seek to expand the benefits associated with the Morristown Identification Card, including encouraging eligible persons to apply for the card and promoting the acceptance of the municipal identity card by banks and other public and private institutions.

The Town of Morristown agencies and officers shall not require the possession of a Town of Morristown Identification Card where identification is not already required to obtain Town services. Provided, however the agencies may require the possession of a Municipal Identification Card to obtain benefits or privileges offered exclusively to those who possess a Municipal Identification Card as an incentive to apply for a Municipal Identification Card.

No Town of Morristown agencies or officers shall discriminate against or draw any inference about an individual's national origin, race, language proficiency, immigration status, religion, sexual orientation, disability, housing status, financial status, marital status, status as a victim of domestic violence, criminal history, or gender identity (although an inference about an individual's gender identity is permissible of the cardholder has elected to designate a gender on the card), based upon the fact that the individual holds or presents a municipal identity card issued under this section.

§ 2-90.7 Disclaimer.

[Ord. No. O-19-2017 § 7]

The Town of Morristown is providing the Morristown Identification Card for identification and access to services provided by the Town of Morristown. The Town does not act as guarantor or warrantor either of the information provided by the applicant for the Morristown Identification Card or against any acts, criminal or otherwise committed by the individual(s) while possessing or using the Morristown Identification Card. The Town does not waive any of its protections afforded under Federal, State of Local laws, including, but not limited to, the immunities under the New Jersey Torts' Claims Act N.J.S.A. 59:1-1 et seq. by processing or issuing the Morristown Identification Card.

The Administering Department shall submit a report to the Mayor and the Town of Morristown Council on the status of the Morristown Identification Card Program on a yearly basis or at the request of the Mayor and/or Town Council.

§ 2-90.8 Community outreach.

[Ord. No. O-19-2017 § 8]

The Town of Morristown shall, consistent with all Federal, State and local laws, provide language assistance to applicants for the municipal identity cards to facilitate access thereto. The Town of Morristown shall identify and implement measures, including but not limited to staff training, community outreach, and language assistance tools, to address the needs of limited English proficient individuals seeking to participate in the Morristown Identification Card Program.

§ 2-90.9 Violations and penalties.

[Ord. No. O-19-2017 § 9]

It shall be a violation of the Morristown Municipal Code under this section for any person or entity to undertake any of the following acts:

To knowingly present false information in the course of applying for a Morristown Identification Card.

To alter, copy, or replicate the Morristown Identification Card; or,

To use the Morristown Identification Card issued to another person, with the intent to cause a third person or entity to believe the holder of the Card is the person to whom the card was issued.

Except as otherwise expressly provided for in this subsection, any person who violates any provisions of this section shall, upon conviction thereof, be punished by one or more of the following penalties: (1) a fine not exceeding $1,000; (2) imprisonment for any term not exceeding 90 days; or (3) a period of community services not exceeding 90 days. Separate offenses shall be deemed committed on each day during or on which a violation occurs or continues.

§ 2-90.10 Reporting requirement.

[Ord. No. O-19-2017 § 10]

The Administering Department shall report monthly to the Business Administrator and the Town Council data outlining how many ID Cards have been dispensed by the Town. The report shall only include information pertinent to determine the effectiveness of the overall program.

§ 2-91 REDEVELOPMENT PAY-TO-PLAY REFORM.

§ 2-91.1 Policy.

[Added 10-13-2020 by Ord. No. O-31-2020]

It shall be the policy of the Town of Morristown to create a regulation which states that any entity or individual seeking to enter into a redevelopment agreement or amendment thereto or is otherwise seeking to obtain rights to develop pursuant to a redevelopment agreement, who makes political contributions to Town of Morristown elected officials and local political committees, will be ineligible to receive such agreements, or rights from the Town of Morristown.

§ 2-91.2 Prohibition of Entering Into or Amending Redevelopment Agreements with Certain Contributors.

[Added 10-13-2020 by Ord. No. O-31-2020]

To the extent that it is not inconsistent with state or federal law, the Town of Morristown and its designated redevelopment agency shall not enter into an agreement, amend an agreement, or otherwise contract with any redeveloper for the planning, replanning, construction or undertaking of any redevelopment project, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Town of Morristown pursuant to the Local Redevelopment and Housing Law, if that redeveloper has made any contribution of money or pledge of a contribution, including in-kind contributions, during the applicable time period as specified below, to a campaign committee of any Town of Morristown candidate or holder of public office within the Town of Morristown having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the Town of Morristown, or to any municipal political campaign committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of Town of Morristown municipal campaigns.

For purposes of this section, the "applicable time period" shall be defined as the time period between the date that the property which is the subject of the redevelopment project has been included in a memorializing resolution adopted by the governing body directing the Planning Board to conduct a preliminary investigation to determine if the site is in need of redevelopment pursuant to and in accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the later of the termination of negotiations or rejection of any proposal or the termination of the redevelopment agreement. Contributions will be considered to have occurred on the date of deposit, execution, transfer of rights or guarantee, as the case may be for particular types of contributions.

All redevelopment agreements or amendments thereto entered into by the Town of Morristown shall contain a provision prohibiting redevelopers as defined in Subsection 2-91.2d to solicit or make any contribution of money or pledge of a contribution, including in-kind contributions, to any Town of Morristown candidate or holder of public office within the Town of Morristown having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the Town of Morristown, or to any Town of Morristown political campaign committee, or to any Town of Morristown party committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of Town of Morristown municipal campaigns (PAC), between date of entering into the redevelopment agreement and the later of the termination of negotiations or the completion of all matters specified in the redevelopment agreement.

As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person, firm, corporation or public body that shall enter into or propose to enter into a contract with a municipality or other redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, under the provisions of this act, or for any construction or other work forming part of a redevelopment or rehabilitation project. For the purposes of this section, the definition of a redeveloper includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the provider as well as any affiliates or subsidiaries directly controlled by the redeveloper. Spouses and adult children at home shall also be included.

For the purposes of this section, the office that is considered to have responsibility for arranging and entering into the redevelopment agreement under the Act shall be:

The Town of Morristown Council if the redevelopment agreement requires approval or appropriation from the Council or a public officer who is responsible for arranging and entering into the redevelopment agreement if that public officer is appointed by Council; or

The Mayor of the Town of Morristown if the redevelopment agreement requires the approval of or negotiation by the Mayor or a public officer who is responsible for arranging and entering into the redevelopment agreement if that public officer is appointed by the Mayor; or

A designated redevelopment entity, if the redevelopment agreement requires the approval of the redevelopment entity.

§ 2-91.3 Contributions Made Prior to Effective Date.

[Added 10-13-2020 by Ord. No. O-31-2020]

No contribution of money or any other thing of value, including in-kind contributions, made by a redeveloper to any Town of Morristown candidate for Mayor or Town of Morristown Council or Town of Morristown political campaign committee shall be deemed a violation of this section nor shall an agreement for redevelopment projects of any kind whatsoever be disqualified thereby if that contribution or agreement was made by the redeveloper prior to the effective date of this section.

§ 2-91.4 Notice Given by Municipality; Sworn Statement of Redeveloper.

[Added 10-13-2020 by Ord. No. O-31-2020]

It shall be the municipality's continuing responsibility to give notice of this section when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a resolution directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts the ordinance to implement the redevelopment plan.

Prior to negotiating and entering into a redevelopment agreement with any redeveloper, the Town of Morristown shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of Subsection 2-91.4a above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this section that may occur between the time of negotiating and entering into the redevelopment agreement and when the specified terms of the agreement have been completed and the agreement is terminated. The certification required under this subsection shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.

§ 2-91.5 Contribution Restrictions and Disclosure Requirement Applicability to Consultants.

[Added 10-13-2020 by Ord. No. O-31-2020]

The contribution and disclosure requirements in this section shall apply to all professionals, consultants or lobbyists contracted or employed by the business entity ultimately designated as the redeveloper to provide services related to the:

Lobbying of government officials in connection with the preparation, consultation and adoption of the redevelopment plan;

Obtaining the designation or appointment as redeveloper;

Negotiating the terms of a redevelopment agreement or any amendments or modifications thereto; and

Performing the terms of a redevelopment agreement.

It shall be a breach of the consultant's contract, and shall require immediate termination, for a consultant to violate the contribution limits and disclosure requirements in this section.

A redeveloper who participates in, or facilitates, the circumvention of the contribution restrictions through consultants or professionals shall be deemed to be in breach.

The contribution and disclosure requirements shall only apply to all professionals, consultants, or lobbyists from the date that they are retained by the redeveloper.

§ 2-91.6 Return of Excess Contributions.

[Added 10-13-2020 by Ord. No. O-31-2020]

A redeveloper or municipal candidate or officeholder or municipal party committee or PAC referenced in this section may cure a violation of Section 1 of this Act if, within 30 days after the date on which the applicable ELEC Report is published, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from. the municipal candidate or municipal political party or PAC referenced in this section.

§ 2-91.7 Violations and Penalties.

[Added 10-13-2020 by Ord. No. O-31-2020]

It shall be a breach of the terms of the Town of Morristown redevelopment agreement for a redeveloper to:

Make or solicit a contribution in violation of this section;

Knowingly conceal or misrepresent a contribution given or received;

Make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;

Make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate of elective municipal office or holder of public office in the Town of Morristown;

Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the redeveloper itself, would subject that entity to the restrictions of this section;

Fund contributions made by third parties, including consultants, attorneys, family members, and employees;

Engage in any exchange of contributions to circumvent the intent of this section; or

Directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this section.

Furthermore, any redeveloper who violates Subsection 2-91.7a1 through 8 shall be disqualified from eligibility for future Town of Morristown redevelopment agreements for a period of four calendar years from the date of the violation.

§ 2-92 HONORARY NAMING OF STREETS OR PUBLIC AREAS AND ACCEPTANCE AND PLACEMENT OF MONUMENTS

[Added 6-28-2023 by Ord. No. O-17-2023]

§ 2-92.1 Definitions.

[Added 6-28-2023 by Ord. No. O-17-2023]

As used in this section, the following terms shall have the meanings indicated:

MONUMENT

Any plaque, statue, or structure constructed, erected or otherwise located on Town property, and intended to remain on such property on a long-term basis to commemorate or memorialize any person, place or event. This excludes a bench, tree or shrub donated to the Town for placement in a park or playground.

§ 2-92.2 Guidelines and Procedures for Honorary Naming of Streets or Public Areas.

[Added 6-28-2023 by Ord. No. O-17-2023]

Naming procedure. Any organization or resident wishing to propose an honorary name for a street, plaza or other public area in the Town of Morristown shall submit to the Town Clerk a petition supported by the names, addresses and signatures of Morristown residents totaling at least 1% of the number of voters in the last municipal election, as determined by the Town Clerk.

Under special circumstances, the Town Council may consider and relax the number of required signatures on an individual-case basis, but any such action will not set a precedent.

It shall be the responsibility of the petitioner to present the rationale for the honorary name addition.

The Town Council will consider the request and decide within two months whether to introduce an ordinance. If the Town Council decides favorably on the petition, they shall determine the time period assigned to the honorary naming. The honorary name to be given to any street, road, avenue, plaza, park site or to any other public place will be introduced by the Town Council, in ordinance form, voted upon and published in the local newspaper; after which, local citizens will have the opportunity to be heard during a public hearing. Upon adoption, the ordinance will become official and permanent.

Names. The name of a particular person to be selected shall be a person deceased at least five or more years. It shall be a renowned name of fame and honor.

Places. The name of places should be American cities, states, counties and villages or names where a historical event took place or names of local historical places of the Town of Morristown.

The proposed honorary naming will be guided by the sensitivities and values of all members of the community and the suitability and significance of the proposed name. There shall be no discrimination based on sex, race, creed, national origin or ancestry.

All proposed name additions will not change the original name of the street but will be added in a manner respectful of all citizens. The existing and official legal addresses for residents and businesses shall remain constant and not be affected by the honorary designation.

The organization requesting the nomination of the honorary street name will be responsible for the petition signing as well as the cost of the additional signage.

Signage shall be consistent as to size and color; not exceed six inches and 24 inches; not overshadow the original name of the street or plaza; and conform in all aspects to existing signage within the Town.

Under special circumstances, the Town Council may relax any provision of this chapter.

§ 2-92.3 Guidelines and Procedures for Acceptance of Monuments.

[Added 6-28-2023 by Ord. No. O-17-2023]

Any organization or resident wishing to place a monument on Town property shall submit to the Town Clerk a completed written application that outlines the main purpose and concept of the proposed monument. Applications may be obtained from the Town Clerk's office.

Each application shall set forth, at a minimum, the following details of the proposed monument:

A description of the monument and materials;

A description of the design and dimension of the monument, including photographs or drawings;

A description of text and images on the monument, including photographs or drawings;

(d)

A description of the purpose of the monument detailing the significance of the person, place, or event being commemorated;

(e)

An explanation of site selection; and

(f)

Estimated costs and funding sources.

Each application shall be accompanied by a petition supported by the names, addresses and signatures of Morristown residents totaling at least 1% of the number of voters in the last municipal election, as determined by the Town Clerk. Any application submitted by the Town of Morristown shall be exempted from the petition requirement of this subsection.

The Town Clerk will review each application for completeness. Upon the Town Clerk's determination as to the completeness of the application, the application shall be presented to the Town Council for initial review and approval of the purpose, concept, and location of the proposed monument.

If the Town Council approves the purpose, concept, and location of the proposed monument, the Town Engineer, Zoning Officer, Historic Preservation Commission and/or their designees shall conduct a review of the proposal to determine whether it meets the Town's monument acceptance criteria. All proposals shall be reviewed according to the following acceptance criteria, in addition to any other criteria deemed relevant by the Town:

Location.

The applicant has demonstrated a specific geographic justification for the memorial being located at a specific site.

The monument should not compromise the aesthetic integrity of the proposed site or interfere with or disturb the fabric or character of the proposed site.

The location of the monument should complement and enhance existing and proposed circulation and use patterns.

(d)

Whether alternate sites were considered and determined inappropriate.

(e)

Whether the proposed site affects property listed on the New Jersey Register of Historic Places.

Historical and Community Significance.

Persons to be commemorated must be deceased.

The person, place, or event is significant, important or relevant to the public generally, rather than a small group of persons.

The person, place, or event is timeless and will be relevant to future generations.

Past Honors.

Whether the person, place or event has been sufficiently honored in the past.

Artistic Design.

The quality, scale, and character of the memorial are at a level commensurate with the particular location or setting.

The monument contributes to the public space or site from a functional and/or design standpoint.

The monument reuses, rehabilitates, or restores an existing feature where appropriate.

(d)

The proposal does not create any public safety or security issues.

Maintenance.

Applicant has made adequate provisions for future maintenance.

Costs.