[Ord. No. 03-2016 § 2;
amended 6-18-2019 by Ord. No. 11-2019]
There shall be a Department of Administration of the Borough
of Roseland, which shall have jurisdiction over all matters pertaining
to administration. The Borough Administrator shall be the Director
of the Department of Administration. The Zoning Officer, Fire Prevention
Official, Communications Analyst, Municipal Housing Liaison and Code
Enforcement Officer are assigned to the Department of Administration
for administrative purposes.
[Ord. No. 03-2016 § 2]
a.
Administrative Assistant. The Administrative Assistant shall be under
the direction and supervision of the Borough Administrator. The Administrative
Assistant shall perform such duties as assigned by the Borough Administrator.
b.
Office Supervisor. There shall be an Office Supervisor who shall
be under the direction and supervision of the Borough Administrator.
The Office Supervisor shall assign work to and supervise the employees
of the Departments of Administration, Finance and Administration and
shall perform other duties as may be assigned by the Borough Administrator.
The Office Supervisor may also hold the title of Administrative Assistant.
[Amended 6-18-2019 by Ord. No. 11-2019]
c.
Administrative Secretary. The Administrative Secretary shall be under
the direction and supervision of the Borough Administrator. The Administrative
Secretary shall also report to the Office Supervisor. The Administrative
Secretary shall perform secretarial, stenographic, and other clerical
duties related to the operation of the offices of the Borough Administrator,
the Borough Clerk and Chief Financial Officer.
[Amended 6-18-2019 by Ord. No. 11-2019]
d.
Secretary to the Borough Council. The Borough Council Secretary shall
be under the direction and supervision of the Borough Administrator
and whose principal duties shall consist of attending the meetings
of the Borough Council, taking down the proceedings of these meetings
and preparing typewritten minutes under the direction of the Borough
Clerk. The Borough Council Secretary shall also perform clerical duties
assigned by the Mayor and Council members, in connection with their
official duties. The Borough Council Secretary may also hold the position
of Administrative Secretary.
[Amended 6-18-2019 by Ord. No. 11-2019]
e.
Communications Analyst. There shall be a Communications Analyst who
shall be under the direction and supervision of the Borough Administrator.
The Communications Analyst shall also report to the Office Supervisor.
The Communication Analyst shall be responsible for analyzing and processing
communications, and creating outgoing communications and reviewing
incoming communications. The Communications Analyst shall perform
other clerical duties related to the operation of the offices of the
Borough Administrator, the Borough Clerk and Chief Financial Officer.
[Added 6-18-2019 by Ord.
No. 11-2019]
[Ord. No. 03-2016 § 2; Ord. No. 04-2017]
There shall be the following positions under the direction and
supervision of the Borough Administrator.
a.
Assessment Clerk. The Assessment Clerk shall perform clerical duties
relating to the preparation and maintenance of tax assessment records,
reporting directly to the Office of the Supervisor. The Assessment
Clerk shall perform such other duties as may be assigned by the Borough
Administrator and/or the Office Supervisor.
b.
Clerk Typists. There may be one (1) or more part-time or full-time
clerk typists to perform general clerical duties as required to assist
in the operation of the Departments of Administration and Finance.
c.
Fire Official. The Fire Official, under the direction of the Borough Administrator, shall be primarily responsible for enforcing the Uniform Fire Safety Act and the Fire Prevention Code as set forth in Chapter 13 of this Code.
[Amended 6-15-2021 by Ord. No. 14-2021]
d.
Zoning Officer. The Zoning Officer, under the direction of the Borough Administrator, shall perform the duties set forth in the Borough of Roseland Land Development Ordinance, Chapter 30 of this Code.
[Amended 6-15-2021 by Ord. No. 14-2021]
e.
Land Use Administrator. The Land Use Administrator, under the direction of the Borough Administrator, shall perform the duties of Administrative Officer in accordance with the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The Land Use Administrator shall also perform the duties of Clerk to the Board of Adjustment and the Planning Board as set forth in Chapter 30, Borough of Roseland Land Development Ordinance, and may also serve as the Secretary of the Board of Adjustment and the Planning Board, if so appointed in accordance with the New Jersey Municipal Land Use Law. The Land Use Administrator may also hold the position of Municipal Housing Liaison.
[Amended 6-18-2019 by Ord. No. 11-2019]
f.
Municipal Housing Liaison. The Municipal Housing Liaison, under the
direction of the Borough Administrator, shall perform the duties necessary
for the execution of the Borough of Roseland's responsibility to assist
in the provision of affordable housing pursuant to the Fair Housing
Act of 1985.
[Added 6-18-2019 by Ord.
No. 11-2019]
g.
Code Enforcement Officer. The Code Enforcement Officer, under the
direction of the Borough Administrator, shall perform work with and
emphasis on enforcement of land use and nuisance ordinances, perform
code enforcement and compliance inspections and related work as assigned.
The Code Enforcement Officer may also hold the position of Fire Official.
[Added 6-18-2019 by Ord.
No. 11-2019]
h.
Technical
Assistant. The Technical Assistant, under the direction of the Borough
Administrator, shall perform the duties established in accordance
with the provisions of the New Jersey Uniform Construction Code and
shall also perform related work as assigned.
[Added 6-15-2021 by Ord. No. 14-2021]
[1973 Code § 2-9.1; Ord. No. 31-99 § VI; Ord. No. 03-2016 § 2]
There shall be a Department of Finance of the Borough of Roseland,
which shall have jurisdiction over all matters pertaining to finance.
The Chief Financial Officer shall be the Director of the Department
of Finance. The Offices of Tax Collector, Treasurer and Assessor are
assigned to the Department of Finance for administrative purposes.
[1973 Code § 2-9.2d; Ord. No. 03-2016 § 2]
a.
Borough Treasurer. Within the Department of Finance there shall be
a Division of the Treasury, the head of which shall be the Borough
Treasurer.
b.
Powers and Duties of the Treasurer. The Treasurer shall have, perform
and exercise all of the functions, powers and duties as provided by
general law and Borough ordinances. He shall keep and maintain books
and records of all financial transactions of the Borough in accordance
with the standards and requirements of the Division of Local Government
in the Department of the Treasury of the State of New Jersey. He shall
have custody of all public moneys of the Borough and shall make monthly
reports to the Mayor and Council of all receipts, expenditures, commitments
and unexpended appropriations. All monies received from any source
by or on behalf of the Borough or any department, board, office or
agency thereof, except as otherwise provided by Borough ordinance,
shall be paid to the Treasurer who shall, by the next ensuing bank
day after their receipt, deposit them in the authorized public depository
of the Borough to the credit of the proper account.
[New; Ord. No. 03-2016 § 2]
By virtue of N.J.S.A. 40A:9-140.1, the New Jersey Legislature
mandated that the Governing Body of each municipality must, by ordinance,
create the position of Chief Financial Officer.
[New; Ord. No. 03-2016 § 2]
There is hereby created the position of Certified Municipal
Financial Officer of the Borough of Roseland in accordance with N.J.S.A.
40A:9-140.1. The Chief Financial Officer shall be appointed by the
Mayor with the approval of the Borough Council for a four (4) year
term commencing January 1 of the year in which he is appointed. The
Governing Body may appoint such Assistant or Deputy Municipal Financial
Officers as it sees fit. The Chief Financial Officer shall:
a.
Receive funds entrusted, received or under the control of any department
and deposit all funds received by him in depositories authorized by
the Governing Body by resolution.
b.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all moneys of the
Borough not required for current operations safely invested or deposited
in interest-bearing accounts.
c.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of the Borough bonds and notes for transfer,
registration or exchange.
d.
Keep a full account of all cash receipts and disbursements of the
Borough and at least once each month, or more often if the Governing
Body requires, furnish the Governing Body with a statement of all
moneys received and expended by him.
[New; Ord. No. 03-2016 § 2]
The Chief Financial Officer and any Assistants or Deputies shall
receive such compensation as shall be prescribed in the Salary Ordinance
of the Borough.
[New; Ord. No. 03-2016 § 2]
a.
Notwithstanding the provisions of any other law to the contrary,
any person who has served as the Chief Financial Officer of the Borough
for four (4) consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Municipal Clerk and with the Division of Local Government
Services in the Department of Community Affairs a notification evidencing
his compliance with this section.
b.
Thereafter, the person shall continue to hold office during good
behavior and efficiency, and shall not be removed therefrom except
for just cause and then only after a public hearing upon a written
complaint setting forth the charge or charges against him pursuant
to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification
by the Director pursuant to N.J.S.A. 40A:9-140.12.
[Ord. No. 03-2016 § 2]
There shall be the following positions under the direction and
supervision of the Certified Municipal Finance Officer.
a.
Accounts Receivable Clerk. The Accounts Receivable Clerk shall be
assigned to operate all billing and financial record keeping equipment
and such other duties that may be assigned by the Chief Financial
Officer.
b.
Accounts Payable Clerk. The Accounts Payable Clerk shall perform
all clerical duties relating to preparation and maintenance of accounts
payable records, including purchase orders, vouchers, checks and appropriation
ledgers, and such other duties as may be assigned by the Chief Financial
Officer and/or the Office Supervisor.
c.
Payroll Clerk/Benefits Coordinator. The Payroll Clerk/Benefits Coordinator
shall be assigned to prepare all payrolls, quarterly summaries, year
end report, complete all reports and applications for health and pension
benefits and such other duties that may be assigned by the Chief Financial
Officer or the Borough Treasurer.
[1973 Code § 2-9.3; Ord. No. 03-2016 § 2]
Within the Department of Finance there shall be a Division of
Tax Collection, the head of which shall be the Borough Tax Collector.
[New; Ord. No. 03-2016 § 2]
a.
Appointment; Duties. Pursuant to N.J.S.A. 40A:9-141 et seq., the
Mayor and Borough Council shall appoint the Tax Collector who shall
be charged with the duty of collecting taxes upon real property in
the Borough.
b.
Term of Office; Vacancies. The Tax Collector shall hold office for
a term of four (4) years from January 1 next following his appointment.
Vacancies other than those due to expiration of term shall be filled
by appointment for the unexpired term.
[1973 Code § 2-9.4; Ord. No. 99-31 § VIII; Ord. No. 03-2016 § 2]
Within the Department of Finance there shall be a Division of
Tax Assessment, the head of which shall be the Tax Assessor. Prior
to appointment, the Tax Assessor must be licensed and qualified by
the State of New Jersey.
[1973 Code § 2-9.4; New; Ord. No.
03-2016 § 2]
a.
Appointment. The Mayor and Borough Council shall provide for the
appointment of a Tax Assessor.
b.
Qualifications. The Tax Assessor shall hold the Tax Assessor's Certificate
provided for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty
of assessing property for the purpose of general taxation. Nothing
in this section shall affect adversely the salary or tenure rights
acquired pursuant to N.J.S.A. 54:1-35.31 or any other law.
c.
Duties. The Tax Assessor shall perform the duties required of the
holder of such office pursuant to Title 54 of the New Jersey Statutes
and such regulations as may be promulgated by the New Jersey Division
of Taxation and the Essex County Board of Taxation.
The Tax Assessor shall:
1.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a Municipal Assessor.
2.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
3.
Maintain a current tax map of the Borough as a public record and
cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other Departments as provided by the Code.
4.
Report to the Borough Council as to equalization proceedings and
other matters involving the County Tax Board and make recommendations
as to action to be taken in that regard.
[New; Ord. No. 03-2016 § 2]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[New; Ord. No. 03-2016 § 2]
The Tax Assessor shall hold office for a term of four (4) years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[1973 Code § 2-13.1]
There shall be a Department of Public Works in the Borough of
Roseland.
[1973 Code § 2-13.5; Ord. No. 03-2016 § 2]
The Superintendent shall be the chief executive officer of the
Department of Public Works.
[1973 Code §§ 2-13.2, 2-13.3; Ord. No. 03-2016 § 2]
a.
Office of Superintendent. The Office of Superintendent is hereby
established.
1.
Duties of Superintendent. It shall be the duty of the Superintendent
to supervise the operation of all Divisions of the Department, all
Borough recreation areas, buildings and grounds and all Borough owned
property, including streets, lawns and shrubs.
2.
Principal
Public Works Manager. The Superintendent shall serve as the Principal
Public Works Manager in accordance with the provisions of N.J.S.A.
40A:9-154.6g.
[Added 2-16-2021 by Ord. No. 01-2021]
b.
Office of Assistant Superintendent. The Office of Assistant Superintendent
is hereby established.
1.
Duties of Assistant Superintendent. The duties of the Assistant Superintendent
of Public Works shall be as follows:
(a)
In the absence of the Superintendent of Public Works, to act
as the Chief Officer of the Public Works Department and assume all
responsibilities for the operation of all Divisions of the Department.
(b)
To perform those duties assigned by the Superintendent of Public
Works and all duties assigned to him by any resolution or ordinance
of the Borough Council.
c.
Administrative Assistant to Superintendent.
1.
It shall be the duty of the Administrative Assistant to perform administrative
duties as assigned by the Superintendent of Public Works.
d.
Administrative Secretary to Superintendent.
1.
It shall be the duty of the Administrative Secretary to perform secretarial,
stenographic, bookkeeping and clerical duties assigned by the Superintendent
of Public Works.
e.
Construction Control Person(s)
1.
Construction Code Control Person. The Construction Code Control Person,
under the direction of the Construction Official, shall perform clerical
work involved in the issuance of permits for building construction
or repair, occupancy, demolition, soil removal, plumbing, heating
and cooling, fire, electrical and recreational vehicles and such other
permits as come within the Department of Construction Code Enforcement.
2.
Assistant Construction Code Control Person/Secretary. The assistant
Construction Code Control Person/Secretary, under the direction of
the Administrative Secretary and the Construction Code Control Person,
shall assist in performing routine clerical work and other related
work in the Department of Construction Code Enforcement.
[New: 1973 Code § 2-13.4; Ord.
No. 25-2002 § 1; Ord.
No. 7-2015 § 2; Ord. No.
03-2016 § 2]
The Divisions of Buildings, Grounds and Roads, Automotive and
Equipment Supervision and Repair, and Water and Sewer are hereby established
within the Department of Public Works.
a.
Division of Buildings, Grounds and Roads. The Division of Buildings,
Grounds and Roads shall consist of the positions of foreman, assistant
foreman and such utility workers as may be assigned to the Division
from time to time by the Superintendent.
|
Editor's Note: See Chapter VIII, Personnel, Section 8-2.
|
b.
Division of Automotive and Equipment Supervision and Repair. The
Division of Automotive and Equipment Supervision and Repair shall
consist of the positions of such equipment supervisor-mechanics as
may be assigned to the Division by the Superintendent.
|
Editor's Note: See Chapter VIII, Personnel, Section 8-2.
|
c.
Division of Water and Sewer. The Division of Water and Sewer shall
consist of the positions of water/sewer operator, water/sewer foreman,
and such utility workers as may be assigned to the Division from time
to time by the Superintendent.
1.
Water/Sewer Operator.
The water operator shall hold a license issued by the New Jersey
State Department of Health and, if required, the New Jersey Department
of Environmental Protection to operate any water supply system within
the State of New Jersey. The license must be renewed from time to
time as required.
2.
Water/Sewer Foreman.
The water/sewer foreman ("foreman") shall be responsible for
the water and sewer system. The foreman shall:
(a)
Be required to make any and all necessary water taps, repair
all service lines and water and sewer mains that may be necessary,
install meters, curb boxes, repair fire hydrants, gate valves, meters
and all other appurtenances to the water and sewer system of the Borough.
(b)
Answer and dispose of all complaints as to the service made
by consumers of water/sewer in the Borough.
(c)
Render all reports as required by the Mayor and Council.
(d)
Once a year, take inventory of all tools, equipment and supplies
of the Water/Sewer Department and render a report thereon to the Public
Works Committee of the Borough Council.
(e)
Perform all other duties and carry out all other responsibilities
as more particularly set forth in this chapter.
3.
Public Works Employee.
A designated employee of the Public Works Department shall keep
all the books and records of the Borough as they relate to the operation
of the water and sewer system and be responsible for the issuance
of all permits and licenses required under the terms of the Code of
the Borough of Roseland.
4.
Tax Collector Responsibility.
The Tax Collector shall be responsible for the quarterly billing
and collection of the water and sewer charges.
5.
Water Meter Readers.
Water meter readers shall have the responsibility of reading
all water meters installed in the Borough water system quarterly or
more often as required by the Borough Council and shall report the
results thereof to the accounts receivable clerk.
|
Editor's Note: See Chapter VIII, Personnel, Section 8-2.
|
[Ord. No. 12-2004 § I;
amended 8-16-2022 by Ord. No. 14-2022]
There shall be a Department of Police in the Borough of Roseland.
The Roseland Police Department shall preserve the public peace; protect
life and property; direct, arrest and prosecute offenders of laws
of New Jersey and the ordinances of Roseland; direct and control traffic;
provide attendance and protection during emergencies; provide appearances
in court; cooperate with all other law enforcement agencies; and provide
training for the efficiency of its members and officers.
[Ord. No. 12-2004 § II; Ord. No. 9-2005; amended 2-20-2018 by Ord. No. 1-2018; 8-14-2018 by Ord. No. 10-2018; 8-16-2022 by Ord. No. 14-2022]
a.
The composition of the Police Department shall be established by
the Borough Council. The head of the Police Department shall be a
Police Director, even when the Borough has opted to name a Police
Chief. The Police Director shall report to the Mayor who shall be
designated as the appropriate authority. In the Mayor's absence, the
Police Director shall report to the Business Administrator. If there
is no appointed Police Chief, the Police Director shall assign any
of the rights, powers and responsibilities that are reserved solely
to the Police Chief pursuant to N.J.S.A. 40A:14-118 and that cannot
be performed by the Police Director to a superior officer from among
the pool of superior officers. This superior officer shall perform
any of the rights, powers and responsibilities that are reserved solely
to the Police Chief pursuant to N.J.S.A. 40A:14-118 and that cannot
be performed by the Police Director.
b.
The Police Director shall be appointed annually by the Mayor, with
the advice and consent of the Borough Council. The Police Director
shall be qualified by training and experience for the position, which
training and experience shall require a minimum of five (5) years'
experience in a responsible capacity in public administration and
policing.
c.
In accordance with N.J.S.A. 40A:14-118, the Borough of Roseland Police
Department shall consist of no more than one (1) Police Director or
Chief, one (1) Deputy Director, one Patrol Captain, one (1) Detective
Captain, three (3) Lieutenants, one (1) Detective Sergeant, five Patrol
Sergeants, two (2) Detectives, and 17 Patrol Officers. The Police
Department may employ no more than six (6) civilian dispatchers and
one (1) Administrative Assistant to the Chief of Police or Police
Director. The Mayor shall have the authority to appoint a Police Director
on an acting basis for a period not to exceed one (1) year.
[1973 Code § 2-11.3; amended 8-16-2022 by Ord. No. 14-2022]
The Borough Council shall establish by resolution the "Rules
and Regulations of the Police Department," and amend or repeal by
resolution of the Borough Council such Rules and Regulations as they
may deem necessary for the government and efficient working of the
Department. These Rules and Regulations and the amendments or repeals
shall be delivered to the Police Director or Chief of Police in writing
within five (5) days thereof, when adopted or amended by resolution
after the adoption thereof in the room in the Municipal Building assigned
to the Police Department, and a copy delivered to each member of the
Department within five (5) days after adoption of the Rules and Regulations
or any amendments or repeals.
[1973 Code § 2-11.4; Ord. No. 12-2004 § III; Ord. No. 03-2016 § 2; amended 8-16-2022 by Ord. No. 14-2022]
a.
The Mayor shall be the appropriate authority.
b.
Three (3) members of the Borough Council: the Chairperson of the
Public Safety Committee, the Chairperson of the Finance and Administration
Committee, and the Chairperson of the Public Works Committee, shall
constitute the Police Committee. The Chairperson of the Police Committee
shall be designated by the Mayor.
c.
Duties. The Police Committee shall serve to assist the appropriate
authority with the administration of the Police Department. As provided
by N.J.S.A. 40A:14-118, the Mayor, as the appropriate authority, shall
be responsible for the overall performance of the Police Department.
The Police Committee, acting through the appropriate authority, may
issue instructions to the Police Director or Chief of Police, as permitted
through New Jersey Statutes, and transmit such instructions to the
members of the police force in the name of the Police Committee. All
such orders or instructions shall be recognized, carried out and obeyed
by the Police Director or Chief of Police and other members of the
police force. Orders or instructions issued by the Police Committee
shall not conflict with the appropriate authority, and/or the rules
and regulations as may be adopted by the Borough Council and, should
there be a conflict between the orders and instructions issued by
the Police Committee with those as established by the Council, the
established rules and regulations shall apply until such time as the
rules and regulations are amended.
d.
The Borough Council shall adopt and promulgate the rules and regulations
for the operation of the Police Department and for the discipline
of its members. In the event there is not a complete Police Committee,
the Mayor as the appropriate authority shall alone be responsible
for overseeing the Police Department until the Police Committee is
complete.
[Ord. No. 12-2004 § IV;
amended 8-16-2022 by Ord. No. 14-2022]
a.
The Police Director shall be the head of the Police Department and
shall be directly responsible to the appropriate authority for its
efficiency and day-to-day operations. If there is a Chief of Police,
he/she shall be appointed by promotion from within the Police Department
by the Mayor, with the advice and consent of the Borough Council.
The Police Director shall be directly responsible to the appropriate
authority for the efficiency and day-to-day operations of the Police
Department. The Police Director shall have and exercise all of the
functions, powers and duties of a department head of the Borough.
The Police Director shall perform all duties not specifically reserved
to the Chief of Police pursuant to N.J.S.A. 40A:14-118.
b.
In the temporary absence or disability of the Chief of Police or
Police Director, he/she will appoint on a temporary basis a member
of the Department who will act in his/her place, conferring on him
the title of "Acting Chief" or "Acting Director", as applicable. This
title is to be used only for the duration of the temporary appointment.
The Borough Council may appoint such "Acting Chief" or "Acting Director"
if such appointment is not made by the Chief of Police or Police Director,
as applicable, or if it determines to make such an appointment.
c.
Pursuant to the policies established by the appropriate authority,
the head of the Police Department shall: administer and enforce the
rules and regulations of the Police Department and any special emergency
directive for the disposition and discipline of the Department and
its members and officers; exercise and discharge the functions, powers
and duties of the Police Department, provided such rules, regulations,
general or special orders or instructions do not conflict with the
rules and regulations, orders or instructions issued by resolution
of the Mayor and Council or promulgated by the Police Committee; prescribe
the duties and assignment of all members and officers; delegate such
authority as may be deemed necessary for the efficient operation of
the Police Department.
d.
The Chief of Police or Police Director shall enforce the rules and
regulations, orders or instructions of the Police Department, whether
promulgated by him or by the Police Committee or by the Mayor and
Council, and may punish their violation by reprimand. Should the Chief
or Police Director deem the violation to be of a sufficiently flagrant
nature, he shall report the same to the Police Committee with his
recommendations with reference to the filing of charges.
e.
The Chief of Police or Police Director shall report at least monthly
to the appropriate authority in such form as shall be prescribed on
the operation of the Police Department during the preceding month
and make such other reports as may be requested by the appropriate
authority.
f.
The Chief of Police or Police Director shall recommend to the Police
Committee from time to time the purchase of new equipment as will
increase the efficiency of the Department. The Chief of Police shall
have full charge and control of all the apparatus and equipment of
the Department and its assignment and use, and shall be held responsible
for its care, cleanliness, and safekeeping.
[1973 Code § 2-11.7; amended 8-16-2022 by Ord. No. 14-2022]
The Police Department, through the direction and control of
the Chief of Police or Police Director, shall:
a.
Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the Borough, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections and public meetings and assemblages.
b.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons, to protect the safety
and facilitate the convenience of motorists and pedestrians, and to
make and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the Borough for such purposes.
c.
Remove or cause to be removed all nuisances in public streets, parks
and other public places of the Borough, inspect and observe all places
of public amusement or assemblage and all places of business requiring
any state or municipal license or permit and report thereon to the
appropriate department.
d.
Provide proper Police attendance and protection at fires.
e.
Provide for the attendance of its members in Court as necessary for
the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
f.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
[1973 Code § 2-11.9; amended 8-16-2022 by Ord. No. 14-2022]
The hours of employment of uniformed members of the Police Department
shall not exceed eight (8) consecutive hours in any one (1) day, nor
forty (40) hours in any one (1) week; provided that in case of an
emergency the Officer, Board or other official having charge or control
of the Police Department or the Police system shall have full authority
to summon and keep on duty any and all such members during the period
of emergency.
[1973 Code § 2-11.11; amended 8-16-2022 by Ord. No. 14-2022]
All salaries shall be as established by ordinance by the Borough
Council. Salaries shall be established on a per annum basis, payable
semi-monthly.
[1973 Code § 2-11.12; Ord. No. 26-2006; amended 8-16-2022 by Ord. No. 14-2022]
a.
Clothing Allowance. Each regular member of the Department shall be
paid a sum to be established annually by contract, upon submission
of a properly executed Borough voucher for the expenditure by him
for clothing required to be worn in the performance of his duties.
All purchases shall be properly supported by a valid receipt, and
shall be approved by the Chief of Police or Police Director as to
standards of quality, color and style.
b.
Overtime Compensation for Regular Police Officers. Members working
overtime shall receive compensation as follows:
1.
Municipal Court appearance, regular hourly rate for a minimum of
two (2) hours.
2.
Court appearance, other than Municipal Court, two (2) times the regular
hourly rate.
3.
Continuation of shift beyond regular tour of duty, one and one-half
(1 1/2) times the hourly rate, based on annual salary for a forty
(40) hour week for fifty-two (52) weeks per year.
4.
Recall after completion of regular tour of duty, one and one-half
(1 1/2) times hourly rate with a guarantee of two (2) hours minimum.
An employee shall have the choice of taking compensatory time off
in lieu of payment for overtime at the discretion of the Chief or
Police Director.
c.
Hospitalization Insurance. The Borough will annually, at the rates
established by the New Jersey Health Benefits Plan, pay the sum allocated
by such plan for each regular member of the Department.
d.
Longevity. Each regular member shall receive longevity payments to
be established by contract.
e.
Special Work. Certain members of the Department shall be assigned
to special work by the Police Committee through the Chief of Police
or Police Director.
[1973 Code § 2-11.15; Ord. No.
24-2003; Ord. No. 11-2009 § I; amended 3-15-2022 by Ord. No. 01-2022; 8-16-2022 by Ord. No. 14-2022]
a.
Statutory authority. The Attorney General of the State of New Jersey
and the Division of Local Government Services have determined that
members of a municipal Police Department may, during their off-duty
hours, engage in police related activities for private persons or
entities. Pursuant to the laws of the State of New Jersey, a municipality
must agree to implement a system whereby the off-duty availability
of police officers is arranged through a contract directly with the
municipality and the private person or entity.
b.
Police force and off-duty employment. In accordance with the procedures
established herein for the employment of police officers by private
individuals or outside entities, members of the Police Department
shall be permitted to accept police-related employment for private
employers or school districts only during off-duty hours and at such
times as will not interfere with the efficient performance of regularly
scheduled or emergency duty for the Borough of Roseland.
c.
Any person or entity requesting the use of extra-duty police services
shall submit an estimate of the number of hours needed, which estimate
shall be approved by the Police Department before work is commenced.
Payment in the number of hours estimated shall be submitted in advance
of the commencement of work and deposited in an escrow account to
be held with the Finance Department of the Borough of Roseland. In
the event the number of hours is exceeded, an additional amount shall
be placed in escrow based upon a revised estimate. This requirement
may be waived by the Chief of Police or Police Director for work directly
performed by a governmental entity or under emergency circumstances.
The balance remaining in escrow shall be released by the Finance Officer
upon confirmation by the police department that work is completed.
d.
Fee for Police Officers. Any contractor and/or vendor shall pay one
hundred dollars ($100.00) per hour. The Police Officer shall receive
seventy-seven dollars and fifty cents ($77.50) per hour and twenty-two
dollars and fifty cents ($22.50) per hour will cover benefits and
administrative fees.
e.
If the contractor/vendor cancels an off-duty assignment within two
(2) hours of the scheduled start time, then the Borough shall charge
a minimum fee for four (4) hours of service.
f.
Payment for extra-duty work will be made within thirty (30) days
of receipt of proper documentation from the employee and to the extent
sufficient funds have been posted to the applicable escrow account.
In the event the escrow account lacks sufficient funds to make payment,
payment shall be made within thirty (30) days of the escrow account
being refunded.
[Ord. No. 12-2004 §§ V,
VI; amended 8-16-2022 by Ord. No. 14-2022]
Each applicant shall comply with all of the laws of the State
of New Jersey pertaining thereto. No person shall be appointed to
the Police Department who is not qualified as provided in the New
Jersey Statutes. The appropriate authority may also require that an
applicant for appointment to the Police Department shall successfully
complete a physical, mental, psychological examination and a written
examination other than for lateral transfers, or when determined by
the appropriate authority.
No persons shall be given or accept a permanent appointment
as a Police Officer in the Borough of Roseland unless such person
has first been given a probationary or temporary appointment to such
office for a period of no longer than one (1) year, and has successfully
completed a police training course at a school approved and authorized
by the Police Training Commission in the Department of Law and Public
Safety of the State of New Jersey, pursuant to provisions of Chapter
56 of the Laws of 1959. Each probationary or temporary appointee as
a Police Officer in the Borough of Roseland shall be entitled to a
leave of absence, with pay, during the period of the police training
course.
The Borough Council of Roseland may appoint from time-to-time
special law enforcement officers in accordance with New Jersey Statutes
for terms not exceeding one (1) year. They shall possess and exercise
all the powers and duties provided by said Statutes during their term
in office, but shall not continue as regular members of the Police
Department and shall not be entitled to any contract rights recognized
by collective bargaining. The Chief of Police or Police Director may
authorize special law enforcement officers when on duty to exercise
the same powers and authority as regular members of the Police Department
including the carrying of firearms and the power of arrest.
The Police Committee is the appropriate authority for the Chief
of Police or Police Director to recommend, as needed, the appointment
of an independent hearing officer regarding issues of discipline of
Police Officers. No member or officer of the Police Department shall
be suspended, removed, fined or reduced in rank for any cause other
than for incapacity, misconduct or insubordination as provided in
the New Jersey Statutes and the Police Department's rules and regulations.
The discipline of Police Officers must be in accordance with procedures
agreed upon pursuant to collective bargaining.
[1973 Code § 2-11.10; amended 8-16-2022 by Ord. No. 14-2022]
Each person appointed to the Department or promoted shall serve
a probationary period as set forth in the collective bargaining agreement
of the Borough of Roseland and such organization as is authorized
to represent the Police Officers of the Borough of Roseland.
[1973 Code § 2-11.8; amended 8-16-2022 by Ord. No. 14-2022]
Auxiliary Police Officers shall be appointed by the Mayor with
the advice and consent of the Council, for a term not exceeding one
(1) year. The implementation of the Auxiliary Police will be the responsibility
of the Chief of Police or Police Director after consultation with
the Mayor and Emergency Management Coordinator. The Auxiliary Police
shall operate pursuant to the Standard Operating Procedures of the
New Jersey State Police Office of Emergency Management as are currently
in effect and as may hereafter be amended pursuant to N.J.S.A. Title
58 (App. A:9) of the New Jersey Statutes.
[Ord. No. 1-2002; Bylaw amendments: Reso. No. 44-2004]
The Roseland Volunteer Fire Department Bylaws were approved
by the Borough Council. The Bylaws are on file in the Office of the
Municipal Clerk.
Editor's Note: See also Chapter VIII, Personnel.
See also Chapter X, Section 10-1 for the establishment of the Enforcement Officer of the Uniform Construction Code.
[1973 Code § 2-13A.1]
There shall be a Department of Construction Code Enforcement
and Inspections in the Borough of Roseland.
[1973 Code § 2-13A.2; New; Ord.
No. 03-2016 § 2]
a.
Establishment; Chief Executive Officer. The Office of Construction
Official is hereby established. The Construction Official shall be
the chief executive officer of the Department of Construction Code
Enforcement and Inspections.
b.
Duties of Construction Official. It shall be the duty of the Construction
Official to:
1.
Supervise the performance of the duties of all subcode officials
in accordance with all regulations established by the State Uniform
Construction Code.
2.
Oversee the keeping of all Construction Code proceedings, permits
and complaints, violations, fines, etc., all of which shall be subject
to inspection. The Construction Official shall report regularly to
the Mayor and Council, at their discretion, the number of permits
issued, the estimated cost of such work and the fees received and
paid to the Chief Financial Officer.
3.
Issue certificates of occupancy in accordance with State Statutes,
regulations and Borough ordinances.
4.
Perform all duties required by all applicable statutes and regulations
of the State of New Jersey, and any ordinances, resolutions and regulations
of the Borough.
[Reserved by Ord. No. 03-2016]
[1973 Code § 2-22.1]
The Department of Recreation, Parks and Playgrounds of the Borough
is hereby established.
[1973 Code § 2-22.2]
The Department of Recreation, Parks and Playgrounds shall consist
of a Director of Recreation, a Recreation Coordinator and a Recreation
Committee.
[1973 Code § 2-22.2a1]
There shall be a Recreation Director appointed by the Mayor
with the advice and consent of the Council.
[1973 Code § 2-22.2a2]
The Director of Recreation shall be qualified by training and
experience in the field of public recreation.
[1973 Code § 2-22.2a3; Ord. No.
12-2015; Ord. No. 01-2016]
The Director of Recreation, Parks and Playgrounds shall:
a.
Be responsible to the Borough Council and the Council Committee on
Recreation and shall perform such duties as may be assigned to him
by the Borough Council or the Council Committee on Recreation. The
Director shall be responsible for the efficient operation, maintenance
and direction of the Department and all programs of any nature inaugurated
and carried on in connection therewith.
b.
Be responsible for the supervision of any employees assigned to the
Department of Recreation, Parks and Playgrounds.
c.
Be responsible for the maintenance of equipment and facilities.
d.
Administer and operate playgrounds, facilities for indoor and outdoor
sports, athletic, cultural and recreational programs and activities
for the children and adults of the Borough and, when authorized by
the Borough Council, charge and collect on behalf of the Borough a
reasonable fee for each person participating in such programs and
activities or using such facilities.
e.
Arrange for the use of public school property by agreement with the
Board of Education of the Borough, to the extent that such property
may be adaptable and available for recreation programs.
f.
Plan and develop recommendations for the acquisition of additional
public recreational areas and facilities.
g.
Cooperate with other Borough Departments, private agencies, organizations
and groups in furthering recreational and cultural interests within
the Borough.
h.
Administer the work of the Department with the assistance of such
policy guides as may be recommended by the Borough Council, the Council
Committee on Recreation and the Recreation Committee.
i.
Conduct studies of the present and future park and recreational needs
of the Borough and develop immediate and long-range plans in order
to prepare plans and recommendations to the Council Committee on Recreation,
the Borough Council and the Recreation Committee.
j.
Maintain such records as may be required to control Departmental
receipts, property and personnel and provide information to the Council
Committee on Recreation, the Borough Council and the Recreation Committee
for budgeting and financing of recreational programs.
k.
Submit a recommended budget to the Council Committee on Recreation
no later than December 1 of each year for the succeeding year.
l.
Submit to the Council Committee on Recreation, the Borough Council
and the Recreation Committee monthly reports as to the conduct and
progress of the Department and receipts of money.
m.
Be responsible for the preparation of requisitions and vouchers to
be approved by the Council Committee on Recreation.
n.
Be responsible to the Council Committee on Recreation, the Borough
Council and the Recreation Committee for the proper custody and preservation
of the books, papers, records and property under his control and be
answerable to the Council Committee on Recreation and the Borough
Council for the faithful performance of his duties.
o.
Attend all meetings of the Recreation Committee and Council Committee
on Recreation.
q.
Perform such other duties as may be assigned to him by the Borough
Council.
[1973 Code § 2-22.2a4]
The Director of Recreation, Parks and Playgrounds shall be the
chief executive officer and department head of the Department of Recreation,
Parks and Playgrounds.
[1973 Code § 2-22.3]
There may be special instructors, whose services shall be contracted,
for various specialized activities such as tennis, arts and crafts.
[1973 Code § 2-22.2b1]
There shall be a Recreation Coordinator appointed by the Mayor
with the advice and consent of the Council.
[1973 Code § 2-22.2b2]
The Recreation Coordinator shall be qualified by training and
experience in the field of public recreation.
[1973 Code § 2-22.2b3]
The Recreation Coordinator shall:
a.
Assist the Director in the administration and operation of the programs
and activities and duties assigned to the Director of Recreation,
Parks and Playgrounds by this section.
b.
Perform such other duties as may be assigned by the Borough Council
and the Council Committee on Recreation.
c.
Attend all meetings of the Recreation Committee.
[1973 Code § 2-22.2c; Ord. No.
30-2000 § 1; Ord. No.
25-2006; Ord. No. 2-2008 § 1; Ord. No. 03-2016 § 2; amended 10-15-2019 by Ord. No. 29-2019[1]]
There shall be a Recreation Committee consisting of nine members
who are residents of the Borough of Roseland and shall be appointed
by the Mayor with the advice and consent of the Borough Council. The
committee shall act as an advisory agent to the Borough on all recreational
matters.
The term of all members shall be for three years, so that the
terms of 1/3 of the members will expire at the end of each calendar
year or until the appointment and qualification of their successors.
The members shall receive no compensation for their services.
The Recreation Committee shall, after the initial organization,
reorganize annually in the month of January. It shall elect a Chairman
and Vice Chairman from among its members.
It shall be the duty of the Recreation Committee to plan, promote,
study and make recommendations regarding recreational programs within
the Borough and undertake such projects as requested by the governing
body. Upon request of the governing body, the Committee may.
The Recreation Committee shall not have the power to expend
pubic funds. The governing body will, in its discretion, authorize
expenditures it determines appropriate for recreation. All financial
records and financial matters, such as payroll and purchasing, shall
be maintained by and conducted through the usual Borough departments.
The Recreation Committee shall keep records of its meetings
and activities and shall make an annual report to the governing body
in December of each year.
[Department of Water and Sewer repealed by Ord. No. 07-2015]
[Ord. No. 18-2008 § 2-38.1; Ord. No. 4-2013]
As used in this section, the following words will have the following
meanings.
Any program sponsored by the Borough, which provides and/or
utilizes Borough facilities and/or Borough property, including, but
not limited to, recreation, cultural, charitable, social or athletic
programs.
The Chief of Police of the Borough of Roseland Police Department.
An inquiry and process to determine whether or not a person
has a criminal record by cross-referencing that person's name and/or
fingerprints with those on file with the Federal Bureau of Investigation,
Identification Division, and/or the SBI through any program approved
by, authorized by or sponsored by or affiliated with the SBI.
A corporation, association, business entity or other organization
established pursuant to Title 15 of the Revised Statutes, Title 15A
of the New Jersey Statutes, or other law of this state, but excluding
public and nonpublic schools, which provides recreational, cultural,
charitable, social or other activities or services for persons younger
than 18 years of age, and is exempt from federal income taxes, and
will include the Borough of Roseland Recreation Department.
The Borough of Roseland Police Department.
The Borough of Roseland Recreation Department.
The State Bureau of Identification in the Division of New
Jersey State Police.
Any person involved with a nonprofit youth servicing organization
or with a Borough-sponsored program or with a program that utilizes
Borough facilities, who has or who have direct access to minors as
a result of their involvement with the organization.
[Ord. No. 18-2008 § 2-38.2; Ord. No. 4-2013]
a.
The Borough requires that each prospective or current employee and
each prospective and current volunteer or entity utilizing Borough
facilities to conduct a program submit to and participate in a criminal
history record background check as required by this section, including,
but not limited to, the submission of such person's name, address,
fingerprints and written consent to the nonprofit youth servicing
organization or Borough or entity utilizing Borough facilities to
conduct a program. The nonprofit youth servicing organization or the
Borough or entity utilizing Borough facilities to conduct a program,
as applicable, will submit the background information and documentation
to the Division of New Jersey State Police after having coordinated
the taking of the person's fingerprints through the Chief of Police
or the designee of the Chief of Police.
b.
The nonprofit youth servicing organization or entity utilizing Borough
facilities to conduct a program must register with the SBI's Voluntary
Review Operations program (the "VRO") in accordance with VRO's registration
requirements, which include, among other things: (1) the submission
of a Short Form of Standing from the State of New Jersey Department
of the Treasury (Division of Revenue website); and (2) the submission
of a Federal Tax Exemption with the Internal Revenue Service —
Letter of Determination; and (3) the execution of a Memorandum of
Understanding. The Borough must register with the VRO in accordance
with the VRO's registration requirements for municipalities, including,
among other things, a Memorandum of Understanding.
c.
The SBI, through the process and in accordance with the conditions
set forth in this section, will inform the nonprofit youth servicing
organization or the Borough or entity utilizing Borough facilities,
as applicable, whether or not the prospective or current employee's
or volunteer's criminal history record background check reveals a
conviction of a disqualifying crime or offense set forth in this section.
d.
A criminal history record background check of a prospective or current
employee or volunteer will only be conducted upon receipt of the written
consent by such employee or volunteer.
e.
Upon request of the Chief of Police, nonprofit organizations or entity
utilizing Borough property shall furnish that proof of background
check was performed with respect to any employee to which this section
applies.
f.
The Borough will bear the cost associated with conducting the criminal
history record background check for Borough employees and volunteers
of the Roseland recreation programs.
[Ord. No. 18-2008 § 2-38.3]
a.
A person will be disqualified from serving as an employee or as a
volunteer of a nonprofit youth serving organization if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes or offenses.
1.
In the State of New Jersey, if any crime or if any disorderly persons
offense:
(a)
Involves danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1, et seq., N.J.S.A.
2C:12-1 et seq., N.J.S.A. 2C:13-1, et seq., N.J.S.A. 2C:14-1 et seq.,
N.J.S.A. 2C:15-1, et seq.; or
(b)
Is against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1,
et seq.; or
2.
In any state or jurisdiction other than the State of New Jersey,
if the conduct of a person is such that, if such crime or disorderly
persons offense was committed in the State of New Jersey, such crime
or disorderly persons offense is described in the preceding paragraph
a1 of this subsection.
b.
A person who submits to or participates in a criminal history background check in accordance with this section has a continuing obligation to notify the nonprofit youth organization and the Chief of Police, as applicable, if that person is convicted of any disqualifying crime or disorderly persons offense enumerated in Section 2-38 subsequent to the performance of an initial criminal history background check.
[Ord. No. 18-2008 § 2-38.4]
a.
Upon registration with the VRO as required by this section, the VRO
program will provide the nonprofit youth servicing organization with
an organization-specific identification number, a Universal Finger
Print Live Scan Form and detailed instructions for the submission
of a criminal background check.
b.
The VRO will process an applicant's criminal history background check
submission including, among other things, the fingerprint cards and
review of records. The VRO will then respond to or otherwise notify
the nonprofit youth servicing organization, the Borough or agency
registered with VRO with a letter reporting a recommendation of approval
or denial.
c.
The processing of the criminal history background check may be performed
by SBI and in accordance with SBI's application procedures through
a contract vendor or through contract vendors who are approved by
the State of New Jersey including, but not limited to the current
State of New Jersey contract vendor, Sagem Morpho, Inc.
d.
The nonprofit youth servicing organization must act as a clearinghouse
of the collection and dissemination of information obtained as a result
of conducting criminal history record background checks pursuant to
this section.
e.
The nonprofit youth servicing organization must coordinate a criminal
history background check every three (3) years after the initial check,
for as long as the prospective or current employees and volunteers
shall remain involved in nonprofit youth servicing organizations and/or
Borough sponsored programs involving minors.
[Ord. No. 18-2008 § 2-38.5]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to authorized
personnel of the non-profit youth servicing organization or, in the
case of the Borough, with the Chief of Police, on a need to know basis,
as authorized by this section or by a Federal or State statute, rule
or regulation, executive order, or administrative code, regarding
obtaining and dissemination of criminal history record information
obtained under this section or applicable law.
b.
Any person who is authorized to obtain criminal history record information
under this section will limit the use of such criminal history record
information solely to the authorized purpose for which it was obtained.
Criminal history record information furnished must not be and will
not be disseminated to persons or organizations not authorized to
receive the records for the authorized purposes. Use of the criminal
history record is and will be limited solely to the authorized purposes
for which it was given and will not be disseminated to any unauthorized
persons.
[Ord. No. 18-2008 § 2-38.6]
a.
If the criminal background checks results in a report or letter that
provides, in pertinent part, that a person is disqualified under the
terms and conditions of this section (a "Negative Response") then,
as applicable, the nonprofit youth servicing organization or the Chief
of Police will communicate in writing with the person who is the subject
of the Negative Response explaining that such person's request to
participate applicable activity as an employee or as a volunteer,
has been denied or that the person has been deemed to be disqualified.
The person so notified may then contact the VRO, the New Jersey State
Police and any other governmental agencies having jurisdiction in
such matters to determine the reasons for the Negative Response or
to challenge the information set forth in, the accuracy of or the
conclusions of the Negative Response.
b.
If a person who is the subject of a Negative Response wants to make
an application, as an employee or as a volunteer, for any future activities
in conjunction with the Borough's Recreation Department, it is the
responsibility of the such person to take the appropriate action to
arrange for the Negative Report to be withdrawn or corrected under
applicable law to enable such individual to qualify for such participation
as an employee or as a volunteer. In conjunction with any new application
by a person who has been the subject of a Negative Report and who
has successfully challenged a Negative Report, such a person will
be required to resubmit an application for a criminal background check
under this section and submit to the application process which may
require the fingerprinting and background checks of the SBI in order
to satisfy the requirements established by this and any other applicable
ordinances or laws.
[Ord. No. 18-2008 § 2-38.7]
a.
Any ordinances or portions thereof which are inconsistent with the
provisions of this section are hereby replaced as of the effective
date of this section.
b.
If any provisions of this section or the application of such provisions
to any person or circumstance is declared invalid, such invalidity
shall not effect the other provisions or applications of this section,
which can be given effect, and to this end, the provisions of this
section are declared to be severable.
[Added 11-23-2021 by Ord. No. 32-2021]
Unless otherwise provided by law or collective bargaining unit
agreement, immediate relatives of current Borough employees or officers
shall not be hired, promoted or transferred to a regular full-time
or part-time position where:
a.
One relative
would have the authority to appoint, remove, discipline or evaluate
the performance of the other;
b.
One relative
would be responsible for auditing the work of the other; or
c.
Other circumstances
exist that place the relative in a situation· of actual or
reasonably foreseeable conflict of interest.
For purposes of this policy, immediate relatives shall include
spouses or significant others, child, parent, stepchild, sibling,
grandparent, daughter-in-law, son-in-law, grandchild, niece, nephew,
uncle, aunt, or any person related by blood or marriage.
