PREAMBLE
In a referendum held on November 4, 1980, the voters of the
Township of Roxbury elected to be governed by the Council Manager
Plan F as provided under the Optional Municipal Charter Law of 1950
(often called the Faulkner Act). The State statutes governing the
Township are set forth in N.J.S.A. 40:69A-81 et sequel. Consequently
effective January 1, 1982, the Township became governed by a seven
member Council selected by partisan elections for four year terms
with four members being elected from wards and three members being
elected at large.
This chapter shall be known and may be cited as the "Administrative
Code."
For the purposes of this administrative code and in the interpretation
and application of all other ordinances and resolutions heretofore
or hereafter adopted, except as the context may otherwise require.
shall mean Council-Manager Plan F of the Optional Municipal
Charter Law.
shall mean the municipal clerk duly appointed pursuant to
the charter.
shall mean this chapter, as amended and supplemented.
shall mean an organization unit or group of organization
units of the township government, established or designated as a department
by this chapter.
shall mean the administrative head of a department, regardless
of his title.
shall mean the township council created and constituted pursuant
to the charter.
shall mean the township manager, deputy manager or acting
manager appointed and serving pursuant to the charter or code.
shall mean any corporation, firm, partnership, association,
organization or other entity, as well as an individual.
shall mean the Township of Roxbury in the County of Morris
and State of New Jersey, as governed by the provisions of the charter.
For the purposes of the administrative code and any other ordinances
heretofore or hereafter adopted, except as the context may otherwise
require:
a.
The
present tense includes the past and future tenses, and the future,
the present.
b.
The
masculine gender includes the feminine and neuter.
c.
The
singular number includes the plural and the plural, the singular.
d.
The
time within which an act is to be done shall be computed by excluding
the first and including the last day, and if the last day be a Sunday
or a legal holiday, that day shall be excluded.
e.
"Writing"
and "written" includes printing, typewriting, stencil, duplicating
and any other legible mode of reproducing words or figures on paper
or paper-like material which is in general use.
All powers of the municipality and the determination of all
matters of policy shall be vested in the municipal council, except
as otherwise provided by the charter or code.
On the first day of January, of each year, or as soon thereafter
as practicable, the members of the township council shall assemble
at the usual place of meeting of the governing body of the municipality
and organize and elect one of their members as mayor. The mayor shall
be chosen by a majority vote of all members of the township council.
If the members shall be unable, within five (5) ballots, to elect
a mayor, then the member who in the election for members of the township
council received the greatest number of votes shall be the mayor.
Should such person decline to accept the office, then the person receiving
the next highest vote shall be the mayor, and so on, until the office
is filled. The term of the mayor shall be for one (1) year.
The council shall, on the same date, and under the same procedure,
designate a deputy mayor from among its members to serve in the event
of the temporary absence or disability of the mayor. The deputy mayor
shall serve for a term of one (1) year.
Vacancies in the office of the mayor or deputy mayor shall be
filled by the council for the remainder of the unexpired term.
The mayor shall have only such functions, powers and duties
as are prescribed by the charter. The mayor shall preside at all meetings
of the council and shall have a voice and vote in its proceedings.
All bonds, notes, contracts and written obligations of the municipality
shall be executed on its behalf by the mayor. The deputy mayor shall
act in place of the mayor in the case of the mayor's absence or disability.
All powers of the township and the determination of all matters
of policy shall be vested in the township council. Except as otherwise
provided by the charter or this code:
a.
The township council shall act in all matters as a body, and it is
contrary to the spirit of this code for any of its members to seek
individually to influence the official acts of the township manager,
or any other officer, or for the council or any of its members to
direct or request the appointment of any person to, or his removal
from office, or to interfere in any way with the performance of any
such officers or their duties. The council and its members shall deal
with the administrative service and employees solely through the manager
and shall not give orders to any subordinates of the manager either
publicly or privately. Nothing herein contained shall prevent the
township council from appointing committees or commissions of its
own members or of citizens to conduct investigations into the conduct
of any officer or department, or any matter relating to the welfare
of the municipality, and designating to such committees or commissions
such powers of inquiry as the township council shall deem necessary.
b.
The township council shall continue or create and determine and define
the powers and duties of such executive and administrative departments,
boards and offices, in addition to those provided for in this code,
as may be necessary for the proper and efficient conduct of the affairs
of the municipality. Any department, board or office so continued
or created may, at any time, be abolished by the township council,
by amendment to this code.
Members of the council shall be paid such sums as may be provided
by general salary ordinance in full compensation for their services.
The council shall appoint a township clerk for the term provided
by law. Prior to his appointment, he shall be qualified by training
and experience to perform the duties of the office. The clerk shall
serve as clerk of the council and shall have such other functions,
powers and duties as are provided by the code. As clerk of the council,
the township clerk shall:
a.
Keep the minutes and records of the proceedings of the council, and
of any council committee, upon request of the chairman of the committee;
b.
Record all ordinances in books to be provided for that purpose. He
shall also record and certify the proof of publication thereof as
required by law. Each ordinance so recorded shall be signed by the
mayor and the clerk who shall attest that it was duly adopted on the
date stated, and when so signed and recorded shall be deemed to be
a public record of the ordinance. Any omission by the clerk or the
mayor to so record, sign or certify shall not impair or affect the
validity of any ordinance which has been duly adopted;
c.
Record all resolutions in the minute book and certify each as a true
copy of the resolution adopted by council. Have custody of and safely
keep all records, books and documents of the township, except those
committed by the charter or ordinance to any other office or transferred
thereto by the manager. He shall, upon request and the payment of
the fees prescribed therefor by resolution of the council for the
use of the township, furnish a certified copy of any such paper in
his custody, under the corporate seal of the township;
d.
Have custody of the township's seal, and affix it to such books,
papers and documents as may be authorized pursuant to law;
e.
Perform all of the functions required of municipal clerks by the
General Election Law (Title 19 of the Revised Statutes) and any other
State law or township ordinance and receive for township use the fees
prescribed therefor;
f.
Administer the provisions of township ordinances with reference to
the licensing of occupations and activities for which licenses are
required by law or ordinance except for any licensing relegated by
Statute or ordinance to other offices.
g.
Perform such functions as are vested in the municipal clerk by State
law and ordinances relating to bingo and raffle licensing.
h.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance.
a.
Regular meetings. The council shall meet annually for organization
on any day during the first week in January. The council shall meet
regularly thereafter at such times and dates as determined at the
annual reorganization meeting. All regular meetings of the council
shall be held in the meeting room of the Township of Roxbury municipal
building or at such other place as may be designated by appropriate
action of the council.
b.
Special meetings. The mayor, whenever he deems it in the public interest,
may, and upon request in writing of any two council-men, shall call
a special meeting of the council. A request by the councilmen, or
mayor, for a special meeting shall state the time and purpose of the
meeting, and no other business may be considered. The mayor shall
deliver the call for a special meeting to the municipal clerk who
shall forthwith deliver copies thereof to each councilman at his residence
or at such place as he may designate in advance. A written copy of
the call for a special meeting shall be served upon each councilman
at least 48 hours before the time set for such meeting. Proof of delivery
of such written notice shall be announced at the commencement of any
such meeting.
c.
Adjourned meetings. An adjourned meeting shall be considered a continuation
of the preceding meeting and the business of the council shall be
resumed where it left at the last adjournment.
d.
Open meetings. All regular and special meetings of the council shall
be held in the public presence except as otherwise permitted by the
"Open Public Meetings Act", N.J.S.A. 10:4-6, et seq.
e.
Attendance by personnel. The manager, attorney, clerk and such other
township officers and employees as may be required by general or special
order of the council, shall attend all meetings of township council.
f.
Meeting procedure, meeting minutes and agendas. Order of business,
agenda, conduct of meetings, procedures, decorum and any and all matters
pertaining to the function of the council and carrying out of township
business at regular and special meetings shall be as described hereinbelow.
As to any matter not covered by the rules of procedure set forth hereinbelow,
Robert's Rules of Order shall apply.
1.
Agenda. The manager shall have the responsibility for preparation
of the agenda for every township meeting. To the greatest extent practicable,
the agenda in its entirety is to be pre-pared and available to the
members of the township council no later than the close of business
on the Friday prior to the meeting. Thereafter, any new matter may
be placed on the agenda only with the consent of a majority of the
members of the council. Nothing herein shall be construed to prevent
members of the public from bringing any matter before the council
during the public session of the meeting, as set forth in Rule XIII.
2.
Presiding officer. The mayor shall be the presiding officer of the
council, and the deputy mayor or temporary chair-man may preside as
otherwise provided by the code. The presiding officer may vote on
all questions, his or her name being called last.
3.
Call to order.
(a)
The mayor shall take the chair at the hour appointed for the
meeting, and shall immediately call the council to order.
(b)
In the absence of the mayor and deputy mayor, the clerk shall
call the council to order. The clerk shall then determine whether
a quorum is present and in the event a quorum is present call for
the election of a chair-person pro tempore. Upon the appearance of
the mayor or deputy mayor, the temporary chairperson shall forthwith
relinquish the chair upon the conclusion of the business immediately
before the council, and when the deputy mayor is presiding, he or
she shall likewise relinquish the chair upon the appearance of the
mayor.
4.
Roll call. At the beginning of each meeting of the council, the clerk
shall call the roll of the members in alphabetical order, and the
names of those present shall be entered in the minutes. If any member
appears after the roll call, the clerk shall enter in the minutes
the time of attendance of such member.
5.
Quorum. A majority of the whole number of members of the council
shall constitute a quorum. Should no quorum be present within 30 minutes
after the hour appointed for the meeting of the council, the person
presiding may thereupon adjourn the meeting to a fixed date, unless
by unanimous agreement the members then present select another hour
or day.
6.
Order of business.
(a)
At each regular meeting of the council, the order of business
shall be as follows; provided, however, the presiding officer, in
the exercise of reasonable discretion, may alter the order of business:
(1)
Pledge of Allegiance;
(2)
Open public meeting statement;
(3)
Roll call;
(4)
Presentations, awards, etc., if any;
(5)
Approval of minutes;
(6)
Public portion;
(7)
Reports of council liaison representatives, council committees
and new business/old business;
(8)
Matters requested/referred by council members, manager, attorney
or clerk;
(9)
Introduction of proposed ordinances;
(10)
Hearing and adoption of ordinances on second reading;
(11)
Introduction and adoption of resolutions;
(12)
Personnel changes;
(13)
Communications;
(14)
Public portion;
(15)
Executive session (if necessary);
(16)
Adjournment.
(b)
At workshop meetings of the council, the order of business shall
be as follows; provided, however, the presiding officer, in the exercise
of reasonable discretion may alter the order of business.
(1)
Pledge of Allegiance;
(2)
Open public meeting statement;
(3)
Roll call;
(4)
Reports of council liaison representatives, council committees
and new business/old business;
(5)
Public portion;
(6)
Matters requested/referred by council members, manager, attorney
or clerk;
(7)
Approval of minutes;
(8)
Draft ordinances for discussion;
(9)
Ordinances to be introduced;
(10)
Ordinances to be adopted;
(11)
Draft resolutions for discussion;
(12)
Resolutions to be adopted;
(13)
Communications;
(14)
Executive session (if necessary);
(15)
Adjournment.
(c)
Official action may be taken at a workshop meeting if deemed
necessary in the public interest provided that the public has had
notice of the potential for official action to be taken.
7.
Minutes.
(a)
The title of the minutes shall reflect the nature of the meeting,
i.e., whether same was a regular, special, workshop or emergency meeting
as well as the date the meeting was held.
(b)
The introductory paragraph of the minutes shall contain a statement
indicating the date, time and place that the meeting was called to
order and shall be followed by a statement required to be included
in the minutes pursuant to the Open Public Meetings Act.
(c)
The second paragraph shall include a roll call of council members
present and those absent, an identification of township personnel
in attendance, and the name of the person presiding as the chair as
well as the name of the recording secretary.
(d)
The minutes shall include every form of action of the township
council, whether such action is represented by a motion, resolution,
or ordinance. All actions of the governing body shall be reflected
by a motion, resolution, or ordinance.
(1)
Motions made by members of the council shall be reflected in
the minutes by the name of the mover and the seconder. The minutes
should reflect the working in which the motion was adopted or otherwise
disposed of, the disposition of the motion and the votes of all council
members being present and voting.
(2)
Written resolutions shall be reflected in the minutes by title
and the action taken thereon shall be reflected by indicating the
name of the mover and the seconder, the disposition of the motion
and the votes of all council members present and voting. The full
text of the resolution so acted upon shall be attached to and be part
of the certified permanent minutes.
(3)
Ordinances at time of introduction and at time of adoption shall
be reflected by indicating the name of the mover and the seconder,
the disposition of the motion and the votes of the council members
present. The full text of the ordinance shall be attached to and be
a part of the certified permanent minutes for both the date of introduction
and adoption.
(e)
As a general rule, the minutes shall contain mainly a record
of what was done and what official actions were taken at the meeting
and should not include the opinions or interpretations of the secretary
of the meeting. Verbatim reflection of discussions and opinions is
specifically disapproved.
(f)
The subject matter shall be divided into separate paragraphs
and all topics discussed shall be recorded with the simple and clear
statement such as "a discussion was held with regard to...". Council
members shall have the privilege of including their precise words
in the record by stating that they would "like to have the record
reflect...". Council members also shall have the privilege of including
in the minutes an abstract of their statements on any subject matter
before the council, not exceeding 100 words.
(g)
Committee reports deemed to be of significance may be included
and entered in the minutes if deemed of significant importance by
majority of the council, in which case the entire text of the report
shall be reported in the minutes.
(h)
Minutes shall reflect the chronology and order in which events
occurred at the meeting.
(i)
The name and address of individuals addressing the council,
or if the individuals addressing the council are employees, the name
and title only, shall be reflected in the minutes and the subject
matter of what was discussed briefly and simply set forth.
(j)
Approval of the minutes and amendment of the minutes shall be
made by motion. Minutes, once amended, shall not be approved until
the amendment has been incorporated into the minutes.
8.
Voting.
(a)
The vote upon every resolution or ordinance shall be taken by
roll call except that the mayor or other presiding officer shall be
polled last, and the yeas and nays shall be entered upon the minutes.
(b)
No ordinance or resolution may be adopted without the affirmative
vote of a majority of a quorum.
(c)
Once the call of the roll is ordered, no member shall discuss
or explain his vote and the silence of any councilperson who is present
shall be recorded as an affirmative vote. An abstention shall be counted
with the affirmative votes in the case of a tie. Otherwise, an abstention
shall be counted with the majority.
9.
Committees.
(a)
Other than ad hoc advisory committees, there shall be no standing
committees of the council other than the committee of the whole. The
rules of the council shall govern the meetings of the committee of
the whole so far as applicable;
(b)
Special committees of the council for legislative purposes may
be appointed by the council, by motion or resolution, upon affirmative
vote of a majority of the council. No special committee shall proceed
to the consideration of any matter referred to it unless a majority
of the members of the committee shall be present. All committee meetings,
unless otherwise directed, shall be held at the municipal building
or in another public building.
10.
Appointments by council. With respect to appointments to be made
by the council, any members of the council may nominate as many candidates
as there are offices to be filled. The council will consider such
nominations in committee of the whole, which will report to a regular
meeting of the council. Each nomination before acted upon must receive
a second. Where there is a single office to be filled, the vote of
the council on the appointment shall be taken in sequential order
of nomination and the first nominee to receive a majority shall be
deemed appointed.
Where there is more than one office to fill, such as on a board,
advisory committee, the same procedures shall be followed with respect
to each office separately until the total number of appointments to
be made has been completed.
In the discretion of the chair, a group of nominations may be
considered at once where there is no apparent division in the council
as to the nominees included in the group.
11.
Rules of debate.
(a)
Questions under consideration. When a question is presented
and seconded, it is under consideration and no motion shall be received
thereafter, except to adjourn, to lay on the table, to postpone, or
to amend until the question is decided. These motions shall have preference
in the order in which they are mentioned and the first two shall be
decided without debate.
(b)
Obtaining the floor. Every member of the council desiring to
speak for any purpose whatsoever shall address the presiding officer,
and upon recognition, shall confine himself to the question under
debate, avoiding all personalities and indecorous language.
(c)
Interruption. A member once recognized shall not be interrupted
when speaking unless it be to call the member to order or as herein
otherwise provided. If a member while speaking be called to order,
the member shall cease speaking until the question of order be deter-mined
by the presiding officer, and if determined to be in order, shall
be permitted to proceed.
(d)
Privilege of closing debate. The mayor or other presiding officer
shall have the privilege of closing the debate.
12.
Addressing council and decorum.
(a)
The council members shall preserve order and decorum, and a
member shall neither by conversation or otherwise, except as herein
provided, delay or interrupt the proceedings, or disturb the peace
of the council, nor shall any member, while speaking, refuse to obey
orders of the council or its presiding officer;
(b)
In the proper order of business, and at the time designated,
any member of the public may address the council upon recognition
by the mayor or other presiding officer. A person addressing the council
shall step up to the microphone, give their name and address in an
audible tone of voice for the record, and adhere to the time limit,
if any, fixed by the council. All remarks shall be addressed to the
council as a body, and not to any member thereof. No person, other
than the members of the council and the person having the floor, shall
be permitted to enter into any discussion, either directly or through
a member of the council, without the permission of the presiding officer.
(c)
Any person making impertinent or slanderous remarks that causes
the disturbance of the council's business, or who shall become boisterous
while addressing the council, shall come to order upon order of the
mayor or other presiding officer. Failure to come to order, after
notice by the mayor, shall result in the person being barred by the
presiding officer from further comments before the council, unless
permission to continue or again address the council be granted by
the majority vote of the council.
13.
Suspension of the rules. Any of the rules of procedure may be suspended
by a majority vote of the councilmen then present.
a.
Preparation of ordinances: Ordinances shall be prepared for presentation
to the council upon request of a councilman, or majority vote of the
council, or upon request in writing by the manager.
b.
Prior review by administrative staff: All ordinances, resolutions
and contract documents before presentation to the council shall:
1.
Have been approved as to form and legality by the township attorney
or his authorized representative; and
2.
Have been examined as to administrative consideration by the manager
or his authorized representative. The manager shall submit to the
council a written memorandum concerning the administrative aspects
of each ordinance, resolution and contract unless he shall advise
the council that no administrative questions are involved.
Each administrative memorandum may include the specific comments
and recommendations of the director concerned with the subject of
the memorandum.
c.
Introduction for passage or approval:
1.
Ordinances, resolutions and other matters or subjects requiring action
by the council shall be introduced and sponsored by a member of the
council, except that the manager or attorney may present ordinances,
resolutions, and other matters or subjects to the council and any
councilman may assume sponsorship thereof by moving that such ordinances,
resolutions, matters or subjects be adopted; otherwise, they shall
not be considered.
2.
Resolutions, unless laid over by a majority vote of the council,
shall be acted upon the day of the introduction or presentation.
3.
Ordinances and resolutions shall be called up for action on motion
of a member of the council.
The manager shall be responsible to the council for proper administration
of the affairs of the township. He shall attend all council meetings
and may participate in council discussions, without vote.
The township manager shall be chosen by the council solely on
the basis of his executive and administrative qualifications with
special reference to his actual experience in, or his knowledge of,
accepted practice in respect to the duties of his office as hereinafter
set forth. If he is not a resident of the township, the manager shall
be required to become a resident within one (1) year of his appointment
provided that he may reside outside the township only with the approval
of the council which approval must be given annually and each such
approval may not exceed a period of one (1) year from the date that
it is given.
The township manager shall hold office for an indefinite term
and may be removed by a majority vote of the council. At least thirty
(30) days before such removal shall become effective, the council
shall, by a majority vote of its members, adopt a preliminary resolution
stating the reasons for his removal. The manager may reply in writing
and may request a public hearing, which shall be held not earlier
than twenty (20) days, nor later than thirty (30) days, after the
filing of such request. After such public hearing, if one be requested,
and after full consideration, the council by majority vote of its
members, may adopt a final resolution of removal.
By the preliminary resolution, the council may suspend the manager
from duty, but shall in any case cause to be paid him forthwith any
unpaid balance of his salary and his salary for the next three calendar
months following adoption of the preliminary resolution.
The manager shall designate a qualified administrative officer
of the township to perform his duties during any temporary absence
or disability. Such designation shall be in writing and filed with
the township clerk. In the event of his failure to make such designation,
the council may by resolution appoint an officer of the municipality
to perform the duties of the manager during such absence or disability
until he shall return or his disability shall cease.
The council may designate a qualified administrative officer
of the township to act as manager during a vacancy in the office.
The township manager, subject to policies established by the
council, shall:
a.
Be the chief executive and administrative officer of the township;
b.
Direct and supervise the administration of all departments of the
township, and be responsible for the maintenance of sound personnel
policies and administrative practices;
c.
Execute all laws and ordinances of the township;
d.
When authorized within the municipal budget, appoint officers and
employees for whose selection no other method is provided by this
code, or by statute or general law. The manager shall also have the
power to remove officers and employees for whose removal no other
method is provided by this code or by State or general law. The manager
shall supervise and control his appointees, and report all appointments
or removals at the next meeting thereafter of the township council;
e.
Exercise and discharge the functions of the township clerk as provided
by the statutes, the charter and this administrative code during the
township clerk's absence or disability;
f.
Negotiate contracts for the municipality, subject to the approval
of the council, and make recommendations concerning the nature and
location of municipal improvements, and execute municipal improvements
as determined by the municipal council;
g.
See that all terms and conditions imposed in favor of the township
or its inhabitants in any statute, public utility franchise, or other
contract, are faithfully kept and performed, and upon knowledge of
any violation, call the same to the attention of the township council;
h.
Attend all meetings of the township council with the right to take
part in the discussions, but without the right to vote;
i.
Recommend to the township council for adoption such measures as he
may deem necessary or expedient, keep the council ad-vised of the
financial conditions of the municipality, make reports to the council
as requested by it and at least once a year shall make a report to
the council and to the public on the administration and the status
of the local government for the benefit of the council and the public;
j.
Investigate at any time the affairs of any officer or department
of the municipality;
k.
Act as head of any department in the event of a vacancy or the absence
or disability of a department head, or designate another township
officer to serve temporarily in such event;
l.
Perform such other duties as may be required by charter, ordinance
or resolution of the township council;
m.
Execute contracts of the township upon approval of the contracts
by the township council.
The manager may, in his discretion, allocate, assign, or delegate
functions or powers to a department head for more efficient administration
of the township government; provided that any such delegation, allocation
or assignment shall not relieve the manager of any of his responsibilities
under the charter or this administrative code, nor shall it be inconsistent
with any expressed requirement of the code. Any such delegation shall
be in writing which shall be filed with the clerk and reported to
the council.
The manager shall have custody, management and control of all
township property which is not otherwise allocated or assigned to
a department by the code.
The manager, with the prior approval of the council, shall arrange
for such insurance coverage as may be required by the township to
protect it against risks of loss from whatever cause. All insurance
policies and surety bonds shall be filed for safekeeping with the
town-ship clerk, except that the official surety bond covering the
township clerk (or the clerk collector) shall be filed with the treasurer.
The municipal attorney shall be appointed by the council by
a majority vote of its members and shall serve at the pleasure of
the council for a term not to exceed one (1) year from the first day
of January, of the year of his appointment, and until his successor
has been appointed and qualified. He shall be an attorney-at-law of
the State of New Jersey. The attorney shall receive such compensation
as may be agreed upon and authorized by the council.
a.
Duties. The municipal attorney shall represent the township in all
legal matters, and shall advise and assist in all legal matters the
council, manager, and departments as required in the administration
of the township government. He shall attend meetings of the council,
draft resolutions, and give opinions and rulings on questions of law
which may arise at the council meetings. He shall prepare or approve
all legal instruments relating to the business of the township. He
shall represent the township in all litigation and conduct trials,
appeals and other proceedings affecting the interests of the township
as he may, in his discretion, determine to be necessary or desirable,
subject to the approval of the council. The municipal attorney shall
further:
1.
Maintain records of all actions, suits, proceedings and matters which
relate to the township's interests, and report thereon from time to
time as the council or manager may require;
2.
Have power to enter into any agreement, compromise or settlement
of any litigation in which the township is involved, subject to the
approval of the council;
3.
Upon the termination of his service with the township, he shall forthwith
surrender to his successor all township property, papers and records,
together with a written consent to substitution of his successor in
any pending actions or proceedings.
b.
Special counsel. Whenever he deems the interests of the township
to so require, the township attorney, with the approval of the council,
and within the limits of available appropriation, may appoint special
counsel to assist him in the preparation, trial or argument of any
issue or in such other capacity as he may determine. If the municipal
attorney should be disqualified with respect to any matter, the council
shall appoint special counsel to represent the township for and with
respect to such matter, within the limits of available appropriations.
There shall be a municipal court prosecutor appointed annually
by the council. He shall be an attorney-at-law of the State of New
Jersey. He shall serve under the general direction of the township
council and he shall conduct prosecutions for crimes and offenses
cognizable by the municipal court of the township, including violations
of township ordinances, complaints of any department under State law
and prosecute appeals taken as a result of convictions obtained in
the municipal court by virtue of complaints on municipal ordinances.
The municipal court as heretofore constituted and empowered
pursuant to law is continued. The judge of the municipal court shall
be appointed by the council for the term prescribed by law.
a.
The municipal auditor shall be appointed by the council by a majority
vote of its members and shall serve at the pleasure of the council
for a term not to exceed one (1) year from the first day of January
of the year of his appointment, and until his successor has been appointed
and qualified. The auditor shall be a registered municipal accountant
of the State of New Jersey, and, in lieu of appointing an individual
auditor, the council may appoint a firm of auditors, one or more members
of which shall be a registered municipal accountant of the State of
New Jersey. The municipal auditor shall receive such compensation
as may be agreed upon and determined by the council.
b.
Duties. The municipal auditor shall make the annual audit and shall
have the powers and perform the duties prescribed by general law,
ordinance, and/or rules and regulations of the Division of Local Government
in the Department of Community Affairs of the State of New Jersey.
He shall also perform such duties and render such services as may
be prescribed by resolution and/or ordinance of the council.
The board of trustees of the free public library shall continue
as heretofore established and constituted. The board of trustees shall
consist of nine (9) members, one (1) of whom shall be the mayor, one
(1) of whom shall be the superintendent of schools and seven (7) of
whom shall be citizens of the township. The mayor and the superintendent
of schools may, respectively, appoint an alternate to act in their
place and stead with authority to attend all meetings of the board
and, in their absence, to vote on all questions before the board.
The other seven (7) members shall be appointed by the mayor. The citizen
members shall serve for a term of five (5) years. The board of trustees
of the free public library shall:
a.
Hold in trust and manage all property of the library;
b.
Purchase books, pamphlets, documents, papers and other reading matter;
c.
Hire librarians and other necessary personnel, and fix their compensation;
d.
Make proper rules and regulations for the government of the library;
e.
Generally do all things necessary and proper for the establishment
and maintenance of the free public library within the township;
f.
Annually make a report of its transactions, accounts and the state
and condition of the library to the township council.
There shall be a planning board of the Township of Roxbury which
is to be continued pursuant to the Municipal Land Use Law, N.J.S.A.
40: 55D-1, et seq. and the Revised General Ordinances of the Township
of Roxbury (1978), with specific reference to Chapter XIII thereof.
The board shall have the functions, powers and duties prescribed by
said statute and ordinances, except to the extent that the provisions
of said ordinances are inconsistent herewith. The planning board shall
consist of nine (9) members, provided that the Class I member shall
be the mayor, the Class II member shall be appointed by the mayor
from among the officials of the township, the Class III member shall
be appointed by the council from among its members other than the
mayor and the Class IV members shall be appointed by the council from
among the other residents of the township.
There shall be two (2) alternate members appointed by the council
to the planning board who shall be designated at the time of their
appointments "Alternate No. 1" and "Alternate No. 2".
There shall be a Lake Hopatcong Regional Planning Board which, as heretofore constituted pursuant to N.J.S.A. 40: 55D-77 et seq. (the Municipal Land Use Law) and Article 4, Sections 13-4.1 et seq. of the Revised General Ordinances of the Township of Roxbury (1978), is hereby continued with the functions, powers and duties prescribed by said statute and ordinances. There shall be two (2) resident members of the Township of Roxbury appointed by the council to the Lake Hopatcong Regional Planning Board. One (1) such resident member shall hold no other public office or position except appointive membership on the Township of Roxbury Planning Board. One (1) citizen member shall serve for a term of four (4) years; if a second citizen member be appointed, he shall serve for a term of two (2) years. If a public official is appointed he shall serve for the length of his term of office.
There shall be a zoning board of adjustment which pursuant to
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Revised
General Ordinances of the Township of Roxbury (1978), with specific
reference to Chapter XIII thereof, is continued with the functions,
powers and duties prescribed by said statute and ordinances, except
to the extent that the provisions of said ordinances are inconsistent
herewith. The zoning board of adjustment shall consist of seven (7)
members, appointed by the township council.
There shall be two (2) alternate members appointed by the council
to the zoning board of adjustment who shall be designated at the time
of their appointment as "Alternate No. 1" and "Alternate No. 2.",
Effective January 1, 1984, there shall be an environmental commission
established under N.J.S.A. 40:56A-1 et seq. consisting of seven (7)
members appointed by the mayor, one of whom shall also be a member
of the planning board, and all of whom shall be residents of the township.
The members shall serve without compensation. The mayor shall designate
one of the members to serve as chairman and presiding officer of the
commission. The terms of office of the commissioners first appointed
shall be for one, two or three years, to be designated by the mayor
in making his appointments so that the terms of approximately one-third
of the members will expire each year, and their successors shall be
appointed for terms of three years and until the appointment and qualification
of their successors. The first members of the commission shall be
appointed for the following terms: two (2) members for the term expiring
December 31, 1984; two (2) members for the term expiring December
31, 1985; and, three (3) members for the term expiring December 31,
1986.
The mayor or township council may remove any member of the commission
for cause, on written charges served upon the member and after a hearing
thereon at which the member shall be entitled to be heard in person
or by counsel. A vacancy on the commission occurring otherwise than
by expiration of a term shall be filled for the unexpired term in
the same manner as an original appointment. The powers of the commission
are as follows:
a.
To conduct research into the use and possible use of the open land
areas of the township and coordinate its efforts with the efforts
of the recreation advisory committee, planning board, and such other
committees and advisory boards as may be empowered to deal with and
study similar issues;
b.
Keep an index of all open areas, publicly or privately owned, in
order to obtain information on the proper use of such areas, and may,
from time to time, recommend to the planning board and township council
programs for inclusion in the municipal master plan and the development
and use of such areas;
c.
Subject to approval of the township council and within the limits
of funds appropriated to the commission, advertise, prepare, print
and distribute books, maps, charts, plans and pamphlets which in its
judgment it deems necessary for its purposes;
d.
Subject to the approval of council, recommend the acquisition of
property, both real and personal, in the name of the township, by
gift, purchase, grant, bequest, devise or lease for any of its purposes
and shall administer the same for such purposes subject to the terms
of the conveyance or gift. Such an acquisition may be to acquire the
fee or any lesser interest, development, right, easement (including
conservation easement), covenant or other contractual right (including
a conveyance on conditions or with limitation or reversions), as may
be necessary to acquire, maintain, improve, protect, limit the future
use of, or otherwise conserve and properly utilize open spaces and
other land and water areas in the township;
e.
Study and make recommendations concerning open space preservation,
water resource and management, air pollution control, solid waste
management, noise control, soil and landscape protection, environmental
appearance, marine resources and protection of flora and fauna;
f.
Subject to the appropriations provided by the township council, the
manager shall provide such clerical and other services to the commission,
as he may deem necessary. All expenditures shall be in accordance
with the fiscal regulations of the township and within the limits
of funds appropriated to it;
g.
Make an annual report to the township council of its activities and
recommendations.
[Ord. #1-82, S2-6.10; Ord. #1-84, S1; Ord.
No. 11-2015]
There shall be a historic advisory committee to consist of seven
members to be appointed by the council. Each member shall serve for
a term of four years, except that of those first appointed, one member
shall be appointed for a term of one year, two for a term of two years,
two for a term of three years, and two for a term of four years. The
historic advisory committee shall meet periodically and shall advise
or consult with the council, planning board, and/or zoning board,
with respect to development and preservation of the historic areas
of Roxbury Township in accordance with the provisions of Chapter XIII,
Land Use, of the Revised General Ordinances of the Township of Roxbury
(1978).
a.
The purpose of the historic advisory committee (H.A.C.) is to review
construction permits and site plans as set forth in this subsection
to advise the council and planning board with respect to the development
and preservation of the historical areas and structures in the Township
of Roxbury, and to provide advice, guidance, and encouragement to
the property owners in the township in the preservation of the historical
areas and/ or characteristics of the township.
b.
At least four members of the committee shall constitute a quorum
for the transaction of its business. The committee shall adopt rules
for the transaction of its business which shall provide for the time
and place of holding regular meetings. They shall provide for calling
of special meetings by the chairman or at least three members of the
committee. All meetings of the committee shall be open to the public,
and any person or his duly constituted representative shall be entitled
to appear and be heard on any matter before the committee prior to
reaching its decision.
c.
The historic advisory committee shall elect from its membership a
chairman and vice chairman whose terms of office shall be for one
year. The chairman shall preside over the committee and shall have
the right to vote. The vice chairman shall, in cases of absence or
disability of the chairman, perform the duties of the chairman. The
committee shall keep a record which shall be open to the public view
of its proceedings and action. The committee shall be governed by
Roberts Rules of Order.
d.
Procedures.
1.
Upon receipt by the construction official for an application for
a building permit, and upon determination that the application requires
review by the H.A.C., the construction official shall advise the applicant
of the review process and shall request of the applicant any additional
information sought by the H.A.C. for their review. The construction
official shall then forward the application and any requested additional
information to the secretary of the H.A.C. for review and comment.
2.
The H.A.C. shall review the application and information submitted
and, if necessary, shall meet with the applicant to discuss the proposed
action. The purpose of this review is to assist the applicant to perform
the proposed construction, repair or alteration so that it will be
compatible with the historic preservation district zone within which
the structure is located and/or is in keeping with the original period
or architecture of the structure.
3.
The H.A.C. shall complete its review process as soon as practical
but not longer than 20 days of the date of the application for a building
permit. After this time period, the construction official shall issue
the requested building permit provided that the permit conforms with
the requirements of the Uniform Construction Code.
4.
In its review of the applications under this section, the committee
shall endeavor to assure that all buildings hereafter erected or altered,
including signs thereon, and all alterations within the historic preservation
districts shall be of such design, appearance and relation to one
another as to enhance the historic preservation district, and the
committee shall give consideration to the following:
(a)
The historical or architectural value and significance of the
structure and its relationship to the architectural and historic value
of the surrounding area.
(b)
The general compatibility of exterior design, arrangement, texture
and materials proposed to be used.
(c)
Any other factor including aesthetics when it deems pertinent
to the intent and purpose of this section.
(d)
It is the intent of this section that the committee shall encourage
appropriate alterations or repairs to those structures in the historic
preservation district which would be complementary to the original
or dominant architectural style and which would enhance rather than
detract from the structure's predominant appearance. Any construction,
alterations or repairs shall also be complementary to adjoining structures.
(e)
It is intended that demolition of unique structures should be
discouraged as their loss will be a common loss to the Township of
Roxbury and the neighborhood. Moving of a structure in the district
should be encouraged only as the last resort as an alternate to demolition,
if there is no other way to save the structure.
(f)
It is also the intent of this section that the committee shall
review plans for new construction so that such construction is compatible
with existing structures in the neighborhood. It is not intended that
new construction be a copy of a particular historic period or style,
but rather compatible in the use of materials, scale, color, size
and setback.
e.
Emergency repairs. When emergency repairs are required, the construction
official shall notify the chairman of the committee or his designee
of such emergency and a recommendation of the committee concerning
the emergency repairs shall be made within 48 hours. The construction
official may allow temporary repairs to a structure prior to the committee's
review when such repairs are necessary for continued occupancy of
the building or for the maintenance of public safety. Such emergency
repairs shall be made in accordance with the provisions of the Uniform
Construction Code.
f.
Evaluation. The committee shall prepare a report for the township
council evaluating the effectiveness of the work of the historic advisory
committee after the review of 50 construction permit applications.
The evaluation shall document the effect the committee has had upon
development within historic preservation districts, and the community
as a whole, and shall recommend whether said committee should remain
in existence as originally established, or whether it should be altered,
or abolished.
g.
There shall be two alternate members appointed by the Council to
the Historic Advisory Committee who shall be designated at the time
of their appointment as Alternate No. 1 and Alternate No. 2. The term
of office for such alternates shall be for four years, except that
of those first appointed, one alternate member shall be appointed
for a term of two years and one alternate appointed for a term of
four years. Such alternate members shall be citizens of the municipality
and hold no other public office except for that of either Planning
Board or Zoning Board of Adjustment member. In the absence of any
regular Historic Advisory Committee member, such alternate members
shall have full entitlement to act as a regular committee member and
vote on all matters as may come before the committee.
a.
There is hereby established an economic development committee for
the following purposes:
1.
To serve as a communication channel between the business and industrial
economic interests in Roxbury Town-ship and the municipal government;
2.
To serve as an ombudsman between the municipality, its agencies and
officials and the business and industrial interest through the investigation
of areas of mutual concern, the reporting of the facts surrounding
areas of interest, and when necessary, the mediation of opposing viewpoints;
3.
To encourage the economic well-being and expansion of the existing
businesses and industries located in the township;
4.
To encourage the relocation into the township of business and industrial
concerns which will have a positive impact on the financial well-being
of the community;
5.
To develop and maintain the information, literature and data to assist
businesses and industries in their expansion and/or relocation;
6.
To conduct a promotional program consistent with the financial resources
to be provided by the township council that will encourage the expansion
and/or relocation of businesses and industries;
7.
To review township ordinances, policies, and practices to determine
their impact on existing and proposed businesses and industries and
to make recommendations to the appropriate township agency for their
revision if these revisions would facilitate the economic expansion
of the township;
b.
The economic development committee shall be composed of seven members
to be appointed by the township council. Each member shall serve for
a three-year term except that of those first appointed two shall be
appointed for a term of one year, two for a term of two years, and
three for a term of three years. Whenever possible, the committee
members shall be appointed by council from residents who are knowledgeable
in the fields of real estate, financing, manufacturing and commercial
interests. The township manager, a representative of the planning
board and a representative of the township council shall serve as
ex officio members of the committee.
c.
The committee shall meet periodically, shall select a vice chairman
and a secretary from its members. The chairman shall be appointed
by the mayor on an annual basis.
d.
The committee shall prepare an annual report to the council in December
of its activities and a projected budget for the upcoming year. Minutes
shall be kept of all of its meetings and copies filed with the township
clerk.
e.
It shall be assumed that any member who misses three consecutive
regular meetings of the committee has resigned and a replacement shall
be appointed by the township council.
There shall be a municipal public defender appointed annually by the mayor and council. The appointed individual shall be an attorney-at-law of the State of New Jersey. The appointment shall run for the remainder of the calendar year of appointment. The public defender shall be responsible to conduct the legal representation of indigent defendants whose cases are cognizable in the Municipal Court of Roxbury Township and have been assigned to the public defender by the municipal court judge following review of the financial condition of the applicant. Any individual defendant in the municipal court applying for a public defender shall be assessed a fee as set forth in Chapter XXIV, section 24-9; provided, however, that the municipal court judge, in his discretion, may waive all or any portion of said fee if, in the opinion of the municipal court judge and for reasons placed on the record of the proceedings, the application fee constitutes an unreasonable burden on the individual seeking representation. The appointment shall be by resolution of the mayor and council setting a fixed annual fee to be paid in 12 equal installments as a professional services contract without bidding pursuant to the Local Public Contract Law. The authorization for collection of application fees from indigent defendants is authorized pursuant to N.J.S.A. 2B:12-28.
In addition to such offices, boards, and committees as are provided
by this section, there shall be such additional advisory boards and
committees as are otherwise constituted and empowered by the charter
or this code, or hereafter created specifically by ordinance by the
township council.
All members of the boards and committees created pursuant to
this section shall serve without compensation. The manager shall appoint
and may remove such clerical personnel as may be required for the
administration of the advisory boards or committees created under
this code, in accordance with the charter. Insofar as practicable,
staff services for any such board or committee shall be provided by
full-time township employees. Within the limits of available appropriations,
the boards and committees herein created may request through the manager
such professional assistance from the township attorney, township
planner, and township engineer, as may be necessary and proper in
the orderly administration of their duties and responsibilities.
There is hereby established a cable television advisory committee
for the following purposes and to serve the following functions:
a.
To review all cable television franchise agreements affecting Roxbury
Township; to consider and evaluate the present and future cable-related
needs and interests of the community; to consider and evaluate such
matters as the possible rebuilding and upgrading of the existing and
future cable television system, the present and future programming,
and the impact of present and future laws, regulations and rulings
regarding the utilization of the cable television system and all other
matters relating to the use and operations of the cable television
system within Roxbury Township.
b.
The cable television advisory committee is an advisory body only, established pursuant to the provisions of subsection 2-6.12 of the Administrative Code of the Township of Roxbury.
c.
The cable television advisory committee shall report all findings
and recommendations directly to the governing body which may make
such use and take such action if any, as it deems appropriate, fit
and in conformity with its duties as the governing body of the Township
of Roxbury.
d.
The cable television advisory committee shall consist of five members,
each to be appointed by the governing body. Each member shall serve
for a three year term except that of those first appointed two shall
be appointed for a term of one year, two for a term of two years and
one for a term of three years. The committee members shall be appointed
by the governing body from residents of Roxbury Township whenever
possible. The township manager and a representative of the township
council shall serve as ex-officio members of the committee.
e.
The committee shall meet periodically and shall select a vice-chairman
and secretary from its members. The chairman shall be elected by majority
vote, by the members of the committee, on an annual basis.
f.
Any three voting members present shall constitute a quorum of the
committee. Minutes shall be kept of all of its meetings and copies
filed with the township clerk.
g.
If any member shall miss three consecutive meetings, said member
may be deemed by the governing body to have resigned and a replacement
may be appointed by the governing body to finish the individual's
unexpired term.
There shall be the following administrative departments among
and within which the manager shall allocate and assign all administrative
functions, powers and duties of the township government which are
not otherwise assigned to a particular department by the charter or
code:
Each department head, under the direction and supervision of
the manager shall:
a.
Exercise and discharge such functions, powers and duties as may be
allocated and assigned to the department by the charter or by any
ordinance;
b.
Direct and supervise the work of his department;
c.
Organize the activities of the department and allocate and assign
functions to its employees;
d.
Have such powers of appointment and removal of subordinates within
the departments as may be delegated to him by the manager pursuant
to the charter;
e.
Unless and until a department head is appointed by the manager, and
a salary fixed for said position by the council by salary ordinance,
the manager shall serve as acting head of the department without additional
compensation.
The manager may, with approval of the council, serve as head
of one (1) or more departments. The manager may appoint the same person
to serve as head of two (2) or more departments, without additional
compensation, and a department head may also be appointed by the manager
to serve as head of a division within his department without additional
compensation.
There shall be a department of finance, the head of which shall
be the director. Unless and until the council shall authorize the
appointment of a separate director of finance, the manager shall serve
as the director without additional compensation.
Within the department there shall be the following divisions:
The director of finance shall be the chief financial officer
of the township and shall be qualified by training and experience
in office management, municipal budgeting, accounting and finance.
He shall supervise the work of the department and its divisions, be
responsible for the accounting, pre-auditing, control, receipts, custody
and disbursement of township revenues, and expenditures for all fiscal
matters and financial policies of the municipality, serve when necessary,
and without additional compensation as acting township tax assessor,
acting township tax collector, acting township treasurer, acting township
purchasing agent, personnel officer, and acting township clerk.
[Ord. #1-82, S2-8.4; Ord. #1-88, SIII; Ord. #01-13; Ord. No. 06-2016]
The director shall supervise the activities of the division
of treasurer and purchasing in the performance of the following:
a.
Developing, maintaining, and enforcing a uniform system of accounts,
including forms, standards, and procedures for all departments of
the municipal government. Any uniform system of accounts shall include
appropriate provisions for such records and reports as may be prescribed
or approved by the manager for the determination of the cost of performance
of each functional program or activity, measured in such work units
as may be appropriate thereto, and for such data, records, and reports
as may be prescribed or approved by the manager for the preparation
and execution of a budget for the expenditure of public funds for
capital purposes to give effect to general improvement programs;
b.
Maintaining and operating the township's central bookkeeping and
accounting records according to sound accounting principals, and in
accordance with the requirements of the director of the State Division
of Local Government;
c.
Auditing all receipts and disbursements of the municipal government
and each of its departments and pre-auditing all bills, claims and
demands against the township, including payrolls, and require each
department head to certify that the materials, supplies or equipment
have been received and accepted as specified and that the services
have been duly rendered;
d.
Controlling all expenditures to assure that budget appropriations
are not exceeded and maintain such books and records as may be required
for the proper exercise of such budgetary control;
e.
Administering the central purchasing system, which may include the
appointment of a Purchasing Agent, if the position is authorized within
the municipal budget. The Purchasing Agent shall be appointed by the
Director of Finance with the consent of the Township Manager. The
Purchasing Agent shall be required to possess a valid Qualified Purchasing
Agent Certificate, as issued by the New Jersey Division of Local Government
Services, Department of Community Affairs. The Purchasing Agent shall
have, on behalf of the Township Council, the authority, responsibility
and accountability for all purchasing activity pursuant to the Local
Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public
advertising for and receive bids and requests for proposals for the
provision or performance of goods, services and construction contracts;
to recommend to the Director and Township Manager the award of contracts
and to conduct any activities as may be necessary or appropriate to
the purchasing function of the Township pursuant to the Local Public
Contracts Law and the regulations promulgated by the state.
In accordance with the authority established in N.J.S.A. 40A:11-3
and N.J.A.C. 5:34-5.2, the following bidding thresholds are hereby
established for the Township's Purchasing Agent:
[Amended 7-8-2020 by Ord. No. 10-20]
f.
Maintain the personnel system as prescribed by the internal procedures,
any civil service rules and regulations applicable, and the personnel
rules and regulations promulgated by the manager;
h.
Keep and maintain books and records of all financial transactions
of the township in accordance with the standards and requirements
of the Division of Local Government in the Department of Community
Affairs of the State of New Jersey, keep and have custody of all public
monies of the township and shall make monthly reports to the manager
and council of all receipts, expenditures, commitments, and unexpended
appropriations, and control all expenditures to insure that budget
appropriations are not exceeded;
i.
All monies received from any source by or on behalf of the township
or any department, division, board, office or agency, except as otherwise
provided by ordinance or State statute shall be paid to the division
of treasurer, purchasing and licensing, who shall within forty-eight
(48) hours of their receipt, deposit them to the credit of the township
in the authorized depository of the township, to the credit of the
proper account:
j.
No bill or claim shall be paid unless it contains a detailed statement
of the items or demand, specifying particularly how the bill or demand
is made up, and a certification of the party claiming payment that
it is correct, nor shall any bill, claim or demand be paid unless
the voucher on which it is presented carries a certification of a
department head or of the duly designated representative, having personal
knowledge of the facts that the goods have been received by, or the
services rendered to, the township;
k.
All bills, claims and demands against the township shall be deemed
approved or disapproved by the council in accordance with the action
of the director of finance. A voucher on a form prescribed by the
director of finance shall be presented for each bill, claim or demand,
and shall be paid only upon the audit, warrant and approval of the
director of finance. Disbursement shall be made by a combination warrant-bank
check or draft warranted by the director of finance, signed by the
treasurer, and countersigned by the manager or acting manager, except
that payroll checks may be signed by the treasurer alone, upon voucher
and warrant of the director of finance, or manager, for a total payroll
period;
l.
The director of finance shall prepare for each regular meeting of
the council a list of all bills, claims and vouchers which have been
approved for payment since the last preceding list was compiled. Such
list shall be prepared in sufficient quantity for each member of the
council and the manager, and at least one (1) copy may be filed with
the clerk as a public record open to examination in his office.
Within the department of finance there shall be a division of
tax collections. The head of the division shall be the tax collector
who shall be appointed pursuant to law. The tax collector shall:
a.
Perform and exercise all the functions, powers and duties as are
provided by the charter, municipal ordinance and general law relating
to municipal tax collectors;
b.
Receive and collect all monies assessed or raised by taxation or
assessment for any purpose and at the close of each business day deliver
all receipts to the treasurer;
c.
Keep proper records and shall report to the director of the department
at least monthly all financial transactions and shall in such report
account for all monies for which he is responsible. He shall keep
a current record for all tax title liens, advising the director promptly
as liens become subject to foreclosure under the law. He shall enforce
the payment of delinquent taxes by the means provided by law as soon
as the same become delinquent;
d.
Serve as municipal tax search and utility search officer and collector
of local improvement assessments;
e.
Bill and collect water use and sewer use charges as authorized by
law and ordinance;
a.
Division established. There is hereby created a division of tax assessments
within the department of finance.
b.
Assessor; duties; term; qualifications; vacancy; compensation. The
tax assessor shall be appointed by the township council for a term
of four years as provided by N.J.S.A. 40A:9-148. The person appointed
as tax assessor shall possess the necessary qualifications and certificates
and education for said position as required by law. The tax assessor
shall establish the assessments for the township in accordance with
applicable law, supervise the work of the division and its employees,
and perform such other duties as shall be prescribed by law. The tax
assessor shall serve in office until a successor is appointed and
qualified. In the event of a vacancy in the office of the tax assessor,
the township council shall fill the vacancy for the unexpired term.
The assessor shall receive such compensation as shall be prescribed
by ordinance.
c.
Assistant or deputy assessors. There shall also be such additional
assessment clerks or deputy and assistant assessors as may be assigned
to the division from time to time by the township manager and who
shall serve under the direction and supervision of the tax assessor.
[1]
Editor's Note: Former subsection 2-8.7, Board of Assessments
for Local Improvements, previously codified herein and containing
portions of Ordinance Nos. 1-82, 28-91 and 8-94, was repealed in its
entirety by Ordinance No. 02-08.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1-82.
a.
The Fire Department of the Township of Roxbury shall be divided into
three companies to be known as Roxbury Chemical Engine Company No.
1, Roxbury Chemical Engine Company No. 2 and Roxbury Chemical Engine
Company No. 3.
b.
The department shall be under the direction and control of the department
chief who shall report to the township manager who shall serve as
the administrative authority. The department chief shall oversee all
three companies. There shall also be a first assistant chief, second
assistant chief, and third assistant chief. Each company within the
department shall have an assistant chief, captain, lieutenant, engineer,
and assistant engineer and if desired an emergency medical service
captain, 1st lieutenant, 2nd lieutenant and engineer. In addition,
each company may appoint a member of the clergy as chaplain.
a.
The chief shall be nominated by the fire company entitled to select
the chief on a rotating basis as set forth below. Commencing at the
fire department elections held in December 2006, the chief shall be
selected from Fire Company No. 3. Thereafter, and continuing on a
rotating basis, the chief shall be selected from the fire company
that held the position of first assistant chief the previous year.
The three assistant chiefs shall be nominated from their respective
fire companies on a rotating basis in the order set forth in paragraph
b. below. They shall be selected through elections held in each fire
company at the annual company meeting held in November. The names
of those elected by each company shall be submitted to the fire department
for confirmation at the regular meeting held in December. The results
of the elections shall be transmitted by the fire department secretary
to the township clerk for confirmation by the township council at
its regular reorganization meeting.
b.
The office of first assistant chief shall be filled by the officer
who held the position of second assistant chief the previous year
if he/she is re-elected by his/her fire company. The office of second
assistant chief shall be filled by the officer who held the position
of third assistant chief the previous year if he/she is re-elected
by his/her fire company. Commencing at the fire company elections
held in November of 2006 and continuing thereafter in the rotation
set forth below, the election of the third assistant chief shall be
on the following basis:
1.
For the term commencing January 1, 2007, the third assistant chief
shall be elected from the roster of past or present captains of Roxbury
Chemical Engine Company No. 3.
2.
For the term commencing January 1, 2008, the third assistant chief
shall be elected from the roster of past or present captains of Roxbury
Chemical Engine Company No. 1.
3.
For the term commencing January 1, 2009, the third assistant chief
shall be elected from the roster of past or present captains of Roxbury
Chemical Engine Company No. 2.
c.
No person shall be eligible for the office of chief unless he/she
shall have first served three years as assistant chief with the department,
shall be a resident of the township, has been an active fireman with
the department for a period of not less than five years during which
he/she has maintained a minimum of 60 percent of all fire department
alarms and functions, is of good moral character and meets all applicable
requirements of the Division of Fire Safety in the State of New Jersey.
d.
No person shall be eligible for the office of assistant chief unless
he/she shall have served one year as a fire captain, shall be a resident
of the township, has been an active fireman with the department for
a period of not less than five years during which he/she has maintained
a minimum of 60 percent of all fire department alarms and functions,
is of good moral character and meets all applicable requirements of
the Division of Fire Safety in the State of New Jersey.
The term of office of each officer elected pursuant to subsection 2-9.2 of this section shall be for one year commencing January 1 next following their election.
No person shall become a member of the fire department of the
Township of Roxbury unless they shall be a resident of the township
or reside within five miles of the boundary line of the Township of
Roxbury for at least six months immediately prior to the date of their
application for membership. In addition, they shall be at least 18
years of age, a citizen of the United States and in a good condition
of physical fitness to perform the duties of a firefighter and/or
EMS person as evidenced by a certificate to that effect signed by
a duly licensed physician of the State of New Jersey.
The procedures for membership in the fire department shall be
as follows:
a.
Each volunteer fire company shall establish objective qualifications
for membership, which shall relate directly and solely to the physical
and technical ability and character of fitness of an applicant to
perform the vocational duties of a volunteer fireman.
b.
Each company shall submit a notice to the township clerk which shall
include the company's name, address, the names of its officers and
members, and the dates of its regular organizational meetings. Such
notice shall be posted by the clerk.
c.
Each company shall supply the township clerk with the application
forms, and the clerk shall distribute them on the written request
or on personal request made during normal business hours. The form
shall state that the application may be filed either by personal delivery
or by sending them by mail to the secretary of the company whose mailing
address must appear on the application form to be available with the
clerk.
d.
The secretary designated to receive applications shall date each
application with the time of receipt and shall number the application
according to its order of receipt relative to other applications.
He or she shall promptly send a letter or postcard to each applicant
stating the number of his or her application and the date and time
it was received.
e.
All applicants for membership in said department shall obtain a physical
examination from the township's physician and shall submit with said
application a statement signed by said physician evidencing the physical
fitness of the applicant to perform the duties of volunteer firefighter
and/or EMS person. The cost of such examination shall be paid by the
Township of Roxbury.
f.
A criminal background check and criminal history search shall be
performed for each applicant for membership in the Roxbury Fire Department.
A member of the Police Department, designated by the Chief of Police,
shall conduct a criminal history search of each applicant and any
conviction for the following offenses shall be disclosed to the Fire
Chief and Township Manager. All applicants must execute the Authorization
by Subject of Request and Privacy Act Notification Form SBI-212A or
SBI-212B (Request for Criminal History Record Information for a Noncriminal
Justice Purpose) for a criminal history name search identification
check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history
check shall be kept confidential. For the purposes of this check,
the Roxbury Township Police Department is hereby authorized to have
access to the Criminal History Record Information file through the
State Bureau of Investigation. The cost of such criminal history name
search shall be paid by the Township of Roxbury. A conviction for
any of the following offenses, or their attempt, shall be a disqualification
for membership:
[Amended 6-15-2021 by Ord. No. 20-21]
1.
Murder;
2.
Manslaughter;
3.
Aggravated
assault;
4.
Aggravated
sexual assault;
5.
Arson
or any arson-related offense;
6.
Sexual
assault;
7.
Criminal
sexual contact;
8.
Stalking;
9.
Kidnapping;
10.
Luring;
11.
Possession
of child pornography;
12.
Robbery;
13.
Burglary;
14.
Theft
over $500;
15.
Official
misconduct;
16.
Manufacture
or distribution of a controlled dangerous product.
g.
Each company shall establish a membership committee consisting of
no more than 15 members who shall be solely responsible for evaluating
and ruling upon applications for membership. The committee shall,
within 60 days of receipt of a complete application (including criminal
background check and physical examination report), make a report to
the company as to whether or not the applicant qualifies for membership.
The decision of the committee shall be binding on the company and
no vote of the membership shall be conducted on the issue as to whether
or not an applicant shall be admitted to membership.
h.
Applications that have been deemed incomplete by the membership committee
shall be returned to the applicant with a letter explaining the specifics
of the incompleteness.
i.
Applicants reported by the membership committee to be qualified for
membership shall be admitted in the order in which their applications
were received, and appointment shall be made therefrom in that same
order.
j.
If the membership committee determines that an applicant does not
meet the minimal requirements for membership, the company secretary
shall promptly advise the applicant in writing of the rejection and
describe with particularity the qualifications which he or she has
not substantially met.
k.
After the determination by the company to admit an individual to
membership, the company shall advise the township clerk who shall
then cause a resolution to be presented to the township council accepting
the member into probationary membership in the fire department of
the Township of Roxbury.
l.
The new member shall thereupon be given the gear and equipment necessary
for a probationary member. Said gear and equipment shall be delivered
up to the chief at any time, upon demand of the chief, or when if
ever, the said person shall be under charges involving moral turpitude
or neglect of duty, or should he/she for any cause cease to be a member
of the department.
m.
Approved applications from individuals who have not reached their
46th birthday shall be forwarded to the secretary of the Roxbury Firemen's
Relief Association for submission to the New Jersey State Firemen's
Association.
Any person newly appointed to the fire department shall be deemed
a probationary member for a period of the first six months of said
appointment. During this probationary period the fire and/or EMS line
officers or the department training division shall develop an approved
training program that shall be completed by the probationary member.
Prior training and current certifications of the probationary member
may be considered by the line officers in developing the approved
program. Upon expiration of the probationary period, the line officers
of the company in which the probationary member seeks membership,
shall review his/her records and determine whether the individual
has complied with the standards and requirements established by these
rules and regulations. If a majority of the line officers, upon review
of a probationary members record, shall render a favorable determination,
the assistant chief of said company shall report same to the company
and said member shall be confirmed as a regular member. Should a majority
of the said line officers make an unfavorable determination, upon
review of a probationary member's record, as stated, the assistant
chief of said company shall report same to the company and the member
shall then be dropped from the roll of the fire department. The former
probationary member shall be notified, in writing, of his rejection
and the particular reasons therefore.
a.
Each member of the fire department shall in each and every year perform
a minimum of 60 percent of required duty which shall consist of answering
and responding to at least 60 percent of all fire alarms of his/her
company and actual attendance at no less than 60 percent of all drills
and regularly schedule meetings. Attendance at drills and meetings
shall include, but shall not be limited to, the cleaning and storing
of equipment and performance of tasks directly related to the operation
and maintenance of the building, apparatus and equipment.
b.
A member shall be dropped from the roll of the company should they
fail to perform at least 50 percent of required duty, as established
by the company, or should they be absent from three successive regular
meetings of the company, for any cause whatsoever, except where the
member has obtained a valid leave of absence from his company or where
attendance to duty or at any meeting is impossible because of total
physical disability, as evidenced by a certificate of a duly licensed
physician of the State of New Jersey.
c.
Any member of the department who, as a result of a change in residence, fails to meet the membership qualifications set forth in subsection 2-9.4 shall be dropped from the membership roll upon 30 days prior written notice to said member. Current members, as of the date of adoption of this Section, who are nonresidents of the Township of Roxbury, will be grandfathered at their current residence. The township clerk shall be notified regarding any changes in membership status. Should a former member become a Township of Roxbury resident they may apply for membership in the normal manner providing that he/she was in good standing when removed from the roll.
d.
No credit for duty shall be given unless the officer in charge shall
have made a written record of such duty, which shall be noted by the
officer in his monthly report to the secretary of the company. It
shall be the duty of the secretary of each company on or before the
regular meeting date of January of each year, to submit a report,
in writing, to the assistant chief of his or her company setting forth
the emergency calls, drills and other duties attended by each member
of the company during the preceding calendar year. The assistant chief
shall review the report and forward same to the department chief on
or before the regular meeting date of February. The chief shall file
the report with the township clerk on or before March 1st.
e.
A member in good standing upon attaining 25 years of service with
the department shall have tenure and shall be carried on the rolls
as either an "active life member" or as an "inactive life member."
1.
An active life member, to be classified as such, must comply with
the duty requirements as defined in paragraphs a. and b. of this subsection.
2.
An inactive life member, to qualify as such, need only attend the
regular meetings of his/her company; however, an inactive life member
shall be dropped from the roll of the company should he/she be absent
from three successive regular meetings of the company, for any cause
whatsoever, except where he/she has obtained a valid leave of absence
from the company or where attendance at a meeting is impossible because
of total physical disability, as evidenced by a certificate of a duly
licensed physician of the State of New Jersey. An inactive life member
may respond to emergency calls provided that he/she is current with
all required regulations and certifications.
a.
The chief or an assistant chief may suspend or remove a member of
the fire department for dereliction of duty or other good cause upon
written notification to the member.
b.
Any officer or member of the fire department who is aggrieved or
dissatisfied with any suspension or dismissal from the fire department
as ordered by the chief or an assistant chief shall be given an opportunity
to be heard concerning said decision. The following procedures shall
be followed:
1.
Written application for a formal hearing must be submitted via certified
mail to the department chief within five business days of receipt
of notice of said suspension or dismissal.
2.
Upon the chief's receipt of said request for a formal hearing, a
hearing shall be scheduled before the board of inquiry. The action
of the chief may be stayed pending the hearing upon application to
the board of inquiry or at the discretion of the chief.
3.
The department chief will convene the board of inquiry, which shall
meet within 15 business days of the department chief's receipt of
written application for a hearing. Failure of the department chief
to convene the board of inquiry within 15 business days shall nullify
the suspension or dismissal.
4.
Voting members of the board of inquiry shall consist of the following
individuals:
(a)
The department chief, who shall chair the board of inquiry,
unless he/she issued the discipline. In the event the department chief
issued the discipline, the 1st assistant chief shall chair the board
of inquiry.
(b)
Three past department chiefs, one being appointed from each
fire company by the fire company president for a term of one year
commencing January 1.
(c)
Three past captains who have never held the rank of chief or
assistant chief and are not holding a current line officer position,
one being appointed from each fire company by the fire company president
for a term of one year commencing January 1.
(d)
Three regular members with at least five years of active service
with the department, one being appointed from each fire company by
the fire company president for a term of one year commencing January
1.
(e)
The department secretary, who shall also take minutes of the
hearing.
5.
The aggrieved member shall be afforded an opportunity to be heard
in full on the matter in controversy, and may be present with such
witnesses and/or representatives as he/she sees fit. The board may
appoint any person or member to present all available testimony and
evidence in the matter.
6.
After due consideration of all the evidence presented before them,
the board of inquiry shall retire in private to deliberate, and by
secret ballot, vote on the case before them. They may return one of
three decisions:
7.
All decisions of the board of inquiry shall be by a majority vote
of its members and such decisions shall be binding on all officers
or members concerned.
8.
The decision of the board of inquiry may be appealed to the township
manager, or his designee, by the aggrieved member. The manager's decision
on appeal shall be final and binding.
For the purpose of computing length of service with the department,
the date of confirmation of a member by the township council shall
be used as the commencement date in making such computation. Time
spent on active military duty with the Armed Services of the United
States by any person while a member of the fire department shall be
included in computing their service with the department. Prior active
service with another fire or EMS organization may be utilized in computing
length of service, however, no more than 45 percent of the total time
required for life member status shall come from prior active service.
In addition, written verification of prior active service shall be
required from the former organization.
The department may adopt and make such bylaws for its government,
the election of its members, the care and management of its property,
and all other acts as may be necessary and expedient for its protection
and government.
The department may adopt and promulgate standard operating procedures
for use by the department. Once promulgated, the standard operating
procedures shall be forwarded to the township manager for approval
and shall be implemented following the manager's approval.
a.
There is hereby established an auxiliary to the Roxbury Fire Department
to be known as the junior firemen's auxiliary, which shall operate
under and pursuant to N.J.S.A. 40:14-95 et seq. The chief or his/her
designee shall be responsible for the direction and control of the
auxiliary established within the fire department.
b.
Any resident of the Township of Roxbury between 16 and 18 years of
age shall be eligible for membership in the junior firemen's auxiliary.
No individual shall become a member of the junior firemen's auxiliary
unless permission shall be obtained from such individual's parent
or legal guardian. Such permission shall be in writing and acknowledged
or proved in the manner required by law for deeds to real estate to
be recorded. The original written permission shall be retained by
the township clerk with a copy of the same to be forwarded by the
clerk to the fire department chief.
c.
Members of the junior firemen's auxiliary shall be provided with
the same insurance coverage as provided for the regular volunteer
firemen in the Roxbury Fire Department.
d.
The township council hereinafter establishes the following rules
and regulations designed to provide for the training of the auxiliary
for eventual membership in the Roxbury Fire Department and to govern
the activities of the auxiliary.
1.
No junior fireman shall be required to perform duties which would
expose the junior fireman to the same degree of hazard as a regular
member of the Roxbury Fire Department.
2.
No junior fireman shall be permitted to engage in fire fighting or
be in the immediate vicinity of a hazardous condition involving the
handling of dangerous or poisonous acids or dyes or injurious quantities
of toxic or noxious dust, gases, vapors and fumes.
3.
A junior fireman shall be on probation until the age of 18 years
and may be expelled from the auxiliary for just cause.
4.
A junior fireman shall comply with the constitution and bylaws of
the Roxbury Fire Department as well as any bylaws established by the
auxiliary itself.
5.
A junior fireman shall obey the commands of the fire chief or any
other officer of the Roxbury Fire Department in charge of a drill
or other department activity.
6.
Training shall include instruction concerning industrial fire systems;
breathing apparatus; municipal water systems, hydrants and alternate
water sources; care, testing and handling of fire hoses; types and
uses of handheld fire extinguishers; procedures for handling alarms;
radio procedures; care, cleaning and basic maintenance of apparatus;
preparation of knots for hoisting equipment; safety measures for riding
on apparatus; use of personal safety equipment and hand tools; theory
of pumps and hydraulic fire systems and the use of ladders, including
their care and testing. Actual use of the equipment shall be encouraged
whenever it shall be deemed advisable by the Roxbury Fire Department,
provided that a junior fireman shall not be exposed to any danger;
adequate supervision shall be provided and all possible safety precautions
shall have been taken.
7.
Junior firemen may apply for an adult class of membership, upon achieving
the age of 18 years by completing the appropriate application forms
in accordance with fire department procedures.
8.
Subject to the approval of the township council, these rules and
regulations may be supplemented by the Roxbury Fire Department.
There shall be a department of health and welfare, the head
of which shall be the director of health and welfare, who shall be
the manager or shall be appointed by the manager for an indefinite
term subject to suspension or removal by the manager. The director
of the department of health and welfare shall be qualified by training
and experience for the duties of his office. Within the department
of health and welfare there shall be a division of health and a division
of welfare.
Within the department of health and welfare, there shall be
a division of health, the head of which shall be the health officer.
Under the supervision of the manager and/or director, the division
of health shall:
a.
Have all of the functions, powers and duties of a local board of
health under Title 26 of the Revised Statutes of the State of New
Jersey except that, as required by the charter, the council shall
have and exercise all local legislative powers pursuant to that title;
b.
Plan and administer a comprehensive public health program, including,
without limitation thereto, management and enforcement of an environmental
sanitation, mental sanitation, septic system control, communicable
disease control, child and adult health, and health education, together
with such other services as may be authorized by the charter, ordinance,
or direction and supervision of the manager;
c.
Administer and enforce the local health ordinances, including the
ordinance relating to on-site sewage disposal (septic);
d.
Maintain and administer records of vital statistics, including births,
deaths, and marriages, in accordance with State law, and receive applications
for and issue marriage licenses pursuant to the law, under which there
shall be a registrar of vital statistics, who shall be appointed by
the manager. Said registrar of vital statistics shall have charge
of the administrative duties involved in obtaining reports of and
recording births, marriages, and deaths in the municipality, together
with such related work as may be required in accordance with general
law and ordinances of the municipality;
e.
The manager shall appoint and employ such health officers, animal
warden, or such other personnel as he deems necessary to carry into
effect the powers vested by law. Whenever required by law, employees
within the department of health shall be the holders of proper licenses
issued by the State Department of Health and/or the appropriate licensing
authority. The manager shall fix the duties and terms of employment
of such employees, and such employees shall receive such compensation
as shall be fixed within a general salary ordinance.
[1]
Editor's Note: Subsection 2-10.3, "Health Advisory Board,"
previously contained herein, has been repealed in its entirety pursuant
to Ordinance No. 14-91.
Within the department of health and welfare, there shall be
a division of welfare, the head of which shall be the director of
welfare. The manager shall appoint the director of welfare pursuant
to statute. The director of welfare, under the supervision of the
director of the department of health and welfare and/or the manager,
except as otherwise required by law, shall:
a.
Administer laws and ordinances relating to relief of the needy, including
aid to needy persons who are eligible for public assistance provided
through county and State agencies;
b.
Provide or arrange for temporary shelter and custodial care to dependent
and homeless persons;
c.
Enter into and perform cooperative agreements with other public agencies
and voluntary charitable organizations and services relating to the
functions of the division.
Within the division of welfare, there shall be a local assistance
advisory board to consist of three (3) members to be appointed by
the manager for indefinite terms and subject to removal by the manager.
The board shall advise the manager concerning matters of local assistance
within the township and shall perform such functions and duties as
may be prescribed by the manager.
There shall be a department of planning, development and inspections,
the head of which shall be the director, who may be the manager or
appointed by the manager for an indefinite term, subject to suspension
or removal by the manager. The director of the department of planning,
development and inspections shall be qualified by training and experience
for the duties of his office. Subject to the direction and supervision
of the manager, the director shall have overall responsibility for
inspection, enforcement, and ensuring compliance with the township
master plan, the township land use ordinances, including the zoning
ordinance, the inspection and enforcement of all on-site improvements
installed and all building projects located within the township, together
with the review and approval of all applications for building permits,
zoning permits, certificates of occupancy, and such other permits
as may be required by law.
Within the department there shall be a division of planning
and development, a division of inspections and a board of condemnation.
Within the department of planning, development and inspections,
there shall be a division of planning and development. The division
shall:
a.
Provide staff assistance to the planning board, zoning board of adjustment,
and such other boards as may be assigned by the manager;
b.
Prepare, coordinate and implement as appropriate, all township plans
involving development applications, housing, capital programs, and
such other areas as may be directed by the manager;
c.
Apply for and administer all grants from Federal, State or other
sources related to the items in paragraph b. above;
d.
Inspect and enforce compliance with the township master plan, the
land use ordinances, including the zoning ordinance and compliance
with the requirements of approval for all on-site improvements installed
in the township and compliance with all conditions of approval granted
by the planning board and/or zoning board;
e.
Perform such additional services and duties as may be required under
the supervision and direction of the manager.
Within the department of planning, development and inspections
there shall be a division of inspections, the head of which shall
be the uniform construction code official, who shall be appointed
by the township manager, for an indefinite term, subject to suspension
or removal by the manager. Within the division, there shall be such
subcode officials as are required under the State Uniform Construction
Code and a zoning officer. The division shall:
a.
Be responsible for receiving, reviewing and approving all applications
for building permits, certificates of occupancy, and such other permits
as may be required by law, together with the administration and enforcement
of the uniform construction code and township ordinances relating
to construction, and shall perform such other duties and services
as may be required under the supervision and direction of the manager;
b.
Enforce all the provisions of the township land use ordinances, including
the zoning ordinance.
[1]
Editor's Note: former subsection 2-11.4, Condemnation Board,
previously codified herein and containing portions of Ordinance No.
1-82, was repealed in its entirety by Ordinance No. 02-07.
[1]
Editor's Note: For the Organization and Regulations governing
the police department, see Chapter XIX of this Code.
There shall be a police department, the head of which shall
be the chief of police. Subject to the direction and supervision of
the manager, the chief of police shall be responsible for the proper
and efficient conduct of the police force.
Pursuant to N.J.S.A. 40A: 14-118, the police force shall be
organized, constituted, and administered as heretofore established
by ordinance, to the extent that any such ordinance is not inconsistent
with the charter, this code and general law. The department shall
have all the functions, powers, duties and responsibilities prescribed
by law and a municipal police department generally and by any provision
of the charter and ordinance relating to the township police department,
chief of police, and the officers and men of the department.
There shall be a department of public works, the head of which
shall be the director of public works. In said department there shall
be a division of water, division of sewers, a division of roads, a
division of buildings and grounds, a division of repair and maintenance,
a division of sanitation and a division of park maintenance.
The director of public works shall be appointed by the manager,
for an indefinite term, subject to suspension or removal by the manager.
He shall be qualified by training and experience for the duties of
his office. He shall be subject to the direction and supervision of
the manager and shall be responsible for the proper and efficient
conduct of all public work functions of the township government and
shall supervise and direct the work of the department, including the
supervision and/or maintenance of department records, and the enforcement
of standards and procedures for the control, use and care of all township
owned equipment, materials and supplies in the custody of the department.
Within the department of public works, there shall be a division
of water. The division shall maintain and operate the township's water
system and shall perform such additional services as may be required
under the supervision or direction of the director and/or manager.
Within the department of public works, there shall be a division
of sewer. The division shall maintain and operate the township's sewer
systems and shall perform such additional services as may be required
under the supervision or direction of the director and/or manager.
Within the department of public works, there shall be a division
of roads. The division under the supervision of the director and/or
manager shall:
a.
Maintain and repair all township streets, bridges, culverts and drains;
b.
Undertake and administer township road construction projects and
road surfacing and resurfacing projects which are to be performed
by the department on force account;
c.
Maintain all township roads in a clean and safe condition for travel,
free of obstructions and hazards, and remove snow and ice therefrom
as required;
d.
Install, repair and maintain street traffic signs, lines and markers;
e.
Maintain township storm sewers and drains;
f.
Perform such additional services as may be required under the supervision
and direction of the director and/or manager.
Within the department of public works, there shall be a division
of buildings and grounds. The division shall be responsible to:
a.
Maintain and repair township buildings and properties and provide
custodial and janitorial services therefor, including real estate
acquired by gift, tax foreclosure, purchase or otherwise;
b.
Perform such additional services as may be required under the supervision
and direction of the director and/or the manager.
Within the department of public works, there shall be a division
of repair and maintenance. The division shall be responsible to:
a.
Provide for the care, storage, use, repair and maintenance of motor
vehicles and motorized equipment of the township;
b.
Provide technical and mechanical services required by any department
or agency of the township, subject to the direction of the director
and/or manager;
c.
Perform such additional services as may be required under the supervision
and direction of the director and/or manager.
Within the department of public works, there shall be a division
of sanitation. The division shall be responsible to:
a.
Collect and dispose of garbage, ashes, paper, rubbish, refuse, trash
and other like matter in accordance with specifications and regulations
in effect in the township;
b.
Operate a sanitary landfill in the event this method of disposal
shall be established in the township;
c.
Perform such other services as may be required under the supervision
and direction of the director and/or manager.
Within the department of public works, there shall be a division
of park maintenance. The division shall be responsible to:
a.
Maintain and repair parks and playgrounds and other facilities for
indoor and outdoor sports, athletic and recreational programs and
activities.
b.
Trim, plant and care for public parks, trees and greens;
c.
Perform such other services as may be required under the supervision
and direction of the director and/or manager in connection with the
maintenance and repair of playfields and playgrounds and recreational
areas and facilities owned and operated by the township.
There shall be a department of engineering, the head of which
shall be the township engineer who shall be appointed by the manager.
Under the supervision of the manager, the engineer shall:
a.
Prepare, or cause to be prepared plans and specifications for public
works and improvements undertaken by the township, either on force
account or by public contract.
b.
Supervise the performance of contracts for public works, and certify
the amounts due and payable thereunder;
c.
Provide and maintain surveys, maps, plans, specifications and operating
standards with respect to public works and facilities owned or operated
by the township;
d.
Provide technical and engineering advice and assistance to all departments
and to boards, as needed, including the planning board and the zoning
board of adjustment and to any engineering consultants under contract
with the Township of Roxbury;
e.
Recommend to the manager the use of consulting engineers for specific
projects subject to the approval of the council;
g.
Maintain current index records of "as-built" plans of all township
utility construction and a chart of utility contracts entered into
by the township;
h.
Maintain a bond chart listing all performance and maintenance bonds
delivered to the township containing pertinent information as required
by the manager; and inspect and report on public improvements for
the purpose of determining compliance with ordinances permitting authorization
of return of cash bonds or release of surety;
i.
Assist as authorized in planning and execution of public works and
utility projects;
k.
Issue certificates as to liability for assessments for municipal
improvements pursuant to law (N.J.S.A. 54:5-18.1 et seq.) and such
other certificates that may be prescribed by general law or ordinance;
l.
Perform other engineering services and issue reports as may be required
by the council, manager or planning board.
The fees for copying large sheets shall be as set forth in Chapter XXIV, subsection 24-5.1.
There shall be a department of recreation, the head of which
shall be the director of recreation, who shall be appointed by the
manager for an indefinite term, subject to suspension or removal by
the manager. The director of recreation shall be qualified by training
and experience for the duties of his office.
The department shall:
a.
Plan, administer and operate athletic, sports, and leisure time programs
and activities of recreational interests for children and adults;
b.
Administer and operate such parks, open space areas, and community
facilities as the township may have or acquire for purposes of public
recreation or conservation;
c.
Sponsor, arrange and provide for the giving of indoor and outdoor
exhibitions, concerts, games, and contests, and use and employ public
property for such purposes. The department may charge and collect
for the use of the township facilities a reasonable admission fee
for each person entering or using facilities, exhibitions, concerts,
games or contests when authorized by the council;
d.
Adopt reasonable rules, regulations and bylaws for the conduct of
all persons while on or using such public property devoted to parks
or recreational uses. Any person who shall violate any such rules,
regulations or bylaws, may be removed and excluded from said premises
and participation in said activities.
Within the department, there shall be a recreation advisory
committee which shall consist of seven members to be appointed by
the council. Each member shall serve for a term of three years, except
that of those first appointed, two members shall hold office for one
year, two for two years and three for three years.
a.
Powers and duties. The committee shall organize annually, adopt bylaws
for the conduct of its affairs and select its chairman and other officers
to serve in accordance with such bylaws. The Committee shall:
1.
Consult with and advise the director at least once each month with
respect to public recreation, policies, programs, and activities within
the township;
2.
Review and evaluate from time to time the public recreation needs
and resources of the township;
3.
Make such periodic reports and recommendations to the council and
the manager as the committee may deem advisable.
b.
Alternate members. There shall be two alternate members of the committee
appointed by the council who shall be designated at the time of their
appointments "Alternate No. 1" and "Alternate No. 2". The terms of
the alternate members shall be for three years, except that of those
first appointed, Alternate No. 1 shall hold office for three years
and Alternate No. 2 shall hold office for two years. The alternate
members may participate in discussions of the committee, but may not
vote except in the absence or disqualification of a regular member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
The fees to be charged for various activities and programs sponsored by the recreation department shall be established annually by resolution by the township council. See Chapter XXIV, section 24-8 for fees.
There shall be a department of emergency management consisting
of the municipal emergency management director who shall have the
powers, functions and duties provided by State statute, and executive
orders, rules and regulations.
The emergency management director shall be appointed by the
mayor from among the residents of the township and shall serve for
a term of three years. As a condition of appointment, and of the appointee's
right to continue for the full term of appointment, each emergency
management director shall have successfully completed at the time
of appointment or within one year immediately following appointment,
whichever is later, the current, approved, emergency management/civil
defense director-coordinator course. The failure of any emergency
management director to fulfill such requirements within the period
described shall disqualify the director from continuing in the office
of director and thereupon a vacancy in the office shall be deemed
to have been created.
The fiscal year of the township shall begin on the first day
of January and end on the thirty-first day of December in each year,
as provided by law.
a.
The township budget shall be prepared by the manager. During the
month of November in each year, the manager shall require all department
heads to submit requests for appropriations for the next ensuing budget
year and to appear before him at public hearings, which shall be held
during that month on the various requests;
b.
Budget requests shall be in such form and detail as the manager shall
prescribe;
c.
On or before the 15th day of January, in each year, the manager shall
prepare and submit to the council a capital program for the ensuing
six (6) fiscal years. A copy of the proposed capital budget shall
be forwarded to the planning board for review and comment by said
board;
d.
On or before the 15th day of January, the manager shall submit to
the council his recommended budget, together with such explanatory
comment or statement as he may deem desirable or as requested by the
council. The budget shall be in such form as required by law for municipal
budgets. It shall, in addition, include a current operating section
and a capital section, together with detailed analysis of the various
items of expenditure and revenue, and, to the extent feasible, appropriate
statements of the costs of performance of functional programs and
activities in terms of quantitative, countable units of work for operation
and capital expenditures;
e.
The council will thereafter consider and act upon the manager's recommended
budget in accordance with the requirements of the local budget law
(N.J.S.A. 40A:4-1 et seq.).
a.
The capital program and capital budget, prepared by the manager,
shall include:
1.
A clear summary of its contents;
2.
A list of all capital improvements which are proposed to be undertaken
during the six (6) fiscal years next ensuing, with appropriate supporting
information as to the necessity for such improvements;
3.
Cost estimates, method of financing and recommended time schedules
for each such improvement;
4.
The estimated annual cost of operating and maintaining the facilities
to be constructed or acquired.
(The above information may be revised and extended each year
with regard to capital improvements still pending or in the process
of construction or acquisition).
b.
In the capital section of the budget document, the manager shall
include such capital projects and outlays as he may select from the
capital program, together with the relevant explanation and justification.
Budget appropriations shall be controlled by an encumbrance
system which shall be prescribed or approved by the manager.
The provisions of the local public contract law, N.J.S.A. 40A:
11-1 et seq., shall govern all aspects of contracts to which the township
is a party. All contracts shall be signed by the mayor, attested by
the clerk or deputy clerk, and approved by the township attorney for
legal form and sufficiency. Purchase orders, for which a formal contract
is not required by the charter, may be executed by the manager or
purchasing agent without further approval.
Where contracts are let by competitive bidding pursuant to the
charter and the Local Public Contracts Law, the council may award
the contracts in the manner prescribed by law.
The provisions of Local Bond Law, N.J.S.A. 40A: 2-1 et seq.,
shall govern all aspects of bonds to which the township is a party.
a.
All purchases of any supplies, materials or equipment or contractual
services (other than professional services) for any department shall
be made by the department of finance, pursuant to a written requisition
from the head of the department whose appropriation will be charged,
and the certification of the treasurer that a sufficient unencumbered
balance of appropriation is available to pay therefor. All such purchase
contracts shall conform with applicable requirements of State statutes
for competitive bidding. Wherever economies can be affected, the manager
may purchase materials, supplies or equipment pursuant to a contract
or contracts entered into on behalf of the State or of one or more
municipalities by the State Division of Purchase and Property, as
authorized by law;
b.
The director of each department shall designate by writing filed
with the manager the name or names of employees in the department
authorized to receive supplies, materials and equipment. The person
so designated shall accept deliveries and sign for them, only where
the goods are in exact conformity with the order. Should there be
any doubt as to quantity or quality, the receipting employee shall
immediately notify the department head for appropriate action. If
any supplies, materials or equipment are rejected, the department
head shall immediately notify the manager;
c.
Except as the manager may authorize in case of emergency, no purchase
shall be made and no bill, claim or voucher shall be approved unless
the procedures prescribed by or pursuant to the code have been followed.
The manager shall establish a procedure for the purchase of
any item or items required for the immediate protection of the public
health, safety, morals or welfare, which will permit such emergency
purchases to be made for specific purposes in a manner other than
above prescribed.
Where purchases in excess of five hundred ($500.00) dollars
are made without competitive bidding, the purchasing officer shall
obtain, wherever practicable, at least three (3) price quotations
for the item or items purchased, and shall record and maintain such
quotations in his office as a public record. Wherever circumstances
permit, the purchase shall be made from the lowest of such quotations
received from a responsible supplier.
The manager shall establish or approve uniform standards for
requisitions and purchases, and for the examination, test checks and/or
inspection thereof.
The manager shall present to the council, at council's request,
a summary of the financial transactions of the township since the
next preceding report.
No bill, fee, or claim shall be paid unless it contains a detailed
statement of the items or demand, specifying particularly how the
bill or demand is made up, and a certification of the party claiming
payment that is correct; nor shall any bill, claim or demand be paid
unless the voucher on which it is presented carries a certification
of a department head, or of a duly designated representative, having
personal knowledge of the facts that the goods have been received
by, or the services rendered to the township.
a.
All bills, claims, and demands, against the township shall be deemed
approved or disapproved by the council in accordance with the action
of the manager. A voucher on a form prescribed by the manager shall
be presented for each bill, claim or demand, and shall be paid only
upon the audit, warrant and approval of the manager. Disbursement
shall be made by a combination warrant-bank check or draft warranted
by the manager or his designee, signed and counter-signed by the treasurer,
except that payroll checks may be signed by the treasurer alone upon
voucher and warrant of the manager for a total payroll;
b.
The director of finance shall prepare for each regular meeting of
the council a list of bills, claims and vouchers which have been approved
for payment through the close of business on the second day preceding
the meeting and since the last preceding list was compiled. Such list
shall be prepared in sufficient quantity for each member of the council
and the manager and at least one (1) copy shall be filed with the
clerk as a public record open to inspection.
In the event of the temporary absence or disability of any administrative
officer or employee or, in the event of a vacancy in any office, the
manager or deputy manager may designate a qualified person to serve
in such office temporarily in an acting capacity, and any such appointee
shall have all the functions, powers and duties of an incumbent until
such absence or disability terminates or such vacancy is filled by
appointment.
a.
Every officer or employee of the township, who, by virtue of his
office or position, is entrusted with the receipt, custody or expenditure
of public monies or funds, and any other officer or employee who may
be required so to do by the council shall before entering upon the
duties of his office or position, execute and deliver a surety bond
in such amount as may be fixed by resolution of the council, binding
him to the township in its corporate name and conditioned upon the
true and faithful performance of his duty. Each officer or employee
required by law to give bond shall execute such a bond with sufficient
surety and deliver his bond to the clerk, except that the clerk shall
deliver his bond to the treasurer before he enters upon the discharge
of the duties of his office or employment;
b.
If any officer or employee shall neglect to execute and deliver his
bond as herein required within thirty (30) days of due notification
of election or appointment, his office may be declared vacant by the
council;
c.
In every case in which a person is required by the laws of the State
of New Jersey, or by any ordinance to give bond for the faithful performance
of his duties, such bond shall be secured by a corporate surety authorized
to do business as a surety in the State of New Jersey, and the premium
therefore shall be paid by the township. Each such bond shall be approved
by the township attorney as to form and sufficiency, and nothing in
this section shall be construed to prevent the use of one or more
blanket bonds when so approved.
a.
All of the books, maps, papers, accounts, statements, vouchers and
other documents whatsoever acquired or produced in any department
and/or the township generally, shall be carefully and conveniently
filed, kept, and preserved, and be and remain the sole property of
the municipality and shall not at any time be removed from the offices
of such department except when required for use in official business,
and shall then be returned to such office without delay. The manager
generally, and each department head specifically for his department
shall be responsible for enforcing the requirements of this section.
This section shall be subject to the provisions of "Destruction of
Public Records Law" (1953) N.J.S.A. 47: 3-15 et seq.;
b.
All public documents and records shall, during office hours, be open
to public search, inspection, examination and copying subject to and
within the limits prescribed by law, N.J.S.A. 47:lA-1 et seq., and
provided that such search, inspection and examination may be made
under such regulations as the officer having custody of such record,
books, and documents, shall establish for the safety and preservation
thereof.
Upon the termination of the term of office or the employment
of any officer or employee, he shall forthwith deliver to his successor
or, if there be no successor, to the manager or other person who may
be designated by the council to receive the same, all monies, papers,
books, memoranda, accounts and data of any nature whatever pertaining
to his office.
The public, administrative and executive business offices shall
be open for the transaction of public business daily, except Saturdays
and Sundays, and legal holidays, between such hours as the manager
may prescribe, with the approval of the council, except as otherwise
provided by law. In the event of an emergency, as declared by the
manager and the mayor, all departments shall provide municipal services
of twenty-four (24) hours a day. The manager or a department head
may require any officer or employee to be in attendance for work on
any day or days whenever he determines that a public exigency or emergency
so requires.
Every municipal officer and employee whose compensation is established
on a full time basis shall devote his entire time during business
hours to the duties of his office.
A member of any board or committee who does not have a statutory
term or tenure of office, and who has been absent unexcusably from
three (3) successive regular meetings of such board or committee may
be removed from office by council after notice and an opportunity
to explain the absences.
The township manager shall, with the advice and consent of the
township council, prepare general administrative rules and policies
concerning the departments and employees of the township which rules
and policies shall include but not be limited to provisions governing
the following:
a.
The classification of all township positions, based on the duties,
authority and responsibility of each position, with adequate provision
for reclassification of any position whenever warranted by changed
circumstances;
b.
A pay plan for all township positions;
c.
The policies and procedures regulating reduction in force and removal
of employees;
d.
The hours of work, attendance regulations and provisions for sick
and vacation leave;
e.
The policies and procedures governing persons holding provisional
appointments;
f.
The policies and procedures governing relationships with employee
organizations;
g.
Policies regarding in-service training programs;
h.
Grievance procedures, including procedures for the hearing of said
grievances;
i.
Other practices and procedures necessary or desirable to the administration
of a sound personnel system.
In addition to those functions, duties and services specifically
assigned to the township departments and employees by this code, all
departments and employees thereof shall have such further duties,
functions and services as shall be required under the supervision,
order and direction of the manager, or by the council pursuant to
adoption of an ordinance and/or resolution.
a.
The titles listed in the Personnel Classification Schedule in subsection 2-17.12 of this chapter are hereby established as the official position titles to be used in the personnel system of the township. Each position title shall correspond to a job description which shall contain the job duties, responsibilities and requirements. Position titles shall be adopted by resolution of the township council and shall remain in effect until amended or abolished by subsequent action of the council.
b.
The township manager shall establish the personnel organization structure
for each township department and/or office. This personnel organization
structure shall show the position titles required for each department
and/or office in view of the objectives and assignments of that department
and/or office. This personnel organization structure shall be shown
in the manager's budget as presented to the township council and shall
be reviewed and approved by the council through the budgetary process.
c.
Each employee of the township shall be assigned a position title
by the township manager in accordance with their assigned duties,
responsibilities and requirements.
[Ord. #12-83, SII; Ord. #5-84, SIII; Ord. #8-84, S1; Ord.
#3-85, SI; Ord. #6-87, SSI, II; Ord. #7-88, SSI; Ord. #15-90, SI;
Ord. #11-91, SI; Ord. #20-91, SI; Ord. #10-92, SI; Ord. #22-92, SI;
Ord. #12-93, SI; Ord. #16-94, SI; Ord. #5-95, SI; Ord. #5-96, SI;
Ord. #35-96, S4; Ord. #10-97, SI; Ord. #2-98, SI; Ord. #13-99, S1;
Ord. #16-2000, S1, Ord. #12-01, S1; Ord. #9-02, S1; Ord. #14-03, S1;
Ord. #03-04, S1; Ord. #18-05, S1; Ord. #17-06, S1; Ord. #04-07, S1;
Ord. #03-08, S1; Ord. #11-09, S1; Ord. #24-09, S1; Ord. #02-10, S1;
Ord. #15-10, S1; Ord. #19-10, S1; Ord. #2-11, S1; Ord. #13-12, S1;
Ord. #15-12, S1; Ord. #08-13, S1; Ord. No. 12-2014 § 1; Ord. No. 10-2015 § 1; Ord. No. 09-20-2016 § 1]
a.
A personnel classification schedule is a grouping of individual position
titles into a generic classification structure and the ranking of
these individual position titles into appropriate pay grades in accordance
with the position responsibilities, degree of difficulty, minimum
qualifications and other criteria relating to the characteristics
of the position itself.
b.
The following Personnel Classification Schedule is hereby established
for the Township of Roxbury:
[Amended 4-25-2017 by Ord. No. 09-17; 11-14-2017 by Ord. No. 22-17; 11-13-2018 by Ord. No. 20-18; 9-24-2019 by Ord. No. 15-19; 9-22-2020 by Ord. No. 13-20; 7-13-2021 by Ord. No. 23-21; 7-12-2022 by Ord. No. 13-22; 8-8-2023 by Ord. No. 10-23]
|
Pay Grade
|
Position Title
|
|---|---|
|
3
|
Building Inspector
|
|
3
|
Administrative Aide
|
|
4
|
Executive Assistant
|
|
4
|
Recreation Program Director
|
|
4
|
Assistant to the Collector
|
|
4
|
Assistant to the Tax Assessor
|
|
5
|
Executive Assistant to the Manager
|
|
5
|
Deputy Township Clerk
|
|
5
|
Assistant to the CFO
|
|
5
|
Land Use Administrator
|
|
5
|
Zoning Officer
|
|
5
|
Assistant to the Township Clerk
|
|
6
|
Executive Assistant to Chief of Police
|
|
6
|
Deputy CFO
|
|
7
|
Tax Collector
|
|
7
|
Senior Assistant To the Engineer
|
|
7
|
Senior Registered Environmental Health Specialist
|
|
7
|
Court Administrator
|
|
8
|
Assistant Director of Public Works
|
|
8
|
Township Clerk
|
|
8
|
Tax Assessor
|
|
8
|
Information Technology Director
|
|
8
|
Construction Official
|
|
9
|
Township Planner
|
|
9
|
Certified Municipal Finance Officer
|
|
9
|
Recreation Director
|
|
10
|
Public Works Director
|
|
10
|
Township Engineer/Director of the Division of Public Utilities
|
|
10
|
Police Chief
|
|
10
|
Township Manager
|
[Ord. #12-83, SIII; Ord. #5-84, SIII; Ord. #15-90, SII;
Ord. #11-91, SII; Ord. #20-91, SII; Ord. #22-92, SII; Ord. #12-93,
SII; Ord. #16-94, SII; Ord. #5-95, SII; Ord. #5-96, SII; Ord. #10-97,
SII; Ord. #2-98, S2; Ord. #16-2000, S2; Ord. #12-01, S2; Ord. #9-02,
S2; Ord. #14-03, S2; Ord. #03-04, S2; Ord. #18-05, S2; Ord. #17-06,
S2; Ord. #04-07, S2; Ord. #03-08, S2; Ord. #11-09, S2; Ord. #24-09,
S2; Ord. #02-10, S2; Ord. #15-10, S2; Ord. #19-10, S2; Ord. #2-11,
S2; Ord. #13-12, S2; Ord. #15-12, S2; Ord. #08-13, S2; Ord. No. 12-2014 § 2; Ord. No. 10-2015 § 2; Ord. No. 09-2016 § 2]
a.
The pay plan establishes minimum and maximum annual salaries for
various pay grades. These annual salaries are for full-time employees
working the standard number of hours for a department or office. The
pay grade for each specific position title is listed in the personnel
classification schedule. The actual pay received by an employee is
a function of his length of service with the township in his particular
position and his job performance.
Employees who are required to work in excess of the full-time
standard work week shall receive overtime payments or compensatory
time off in accordance with regulations established by the township
manager.
An employee who has been employed with the township for less
than six months may be paid at the rate of pay established in the
prior year provided that upon successful completion of their probationary
employment period, their rate of pay may be increased to correspond
to the pay ranges of this ordinance.
b.
Employees who work less than full-time shall be paid according to
the actual number of hours worked. Those part-time employees having
job titles that correspond to those listed in the personnel classification
schedule shall be paid at an hourly rate comparable to that of a full-time
employee. All other part-time employees shall be paid at the rate
stipulated in this ordinance.
c.
The pay plan herein referred to has not been codified but may be
found in the current salary ordinance, as established by the township
council and is on file in the office of the township clerk.
d.
In addition to the salary provided in the pay plan, supervisory personnel
in those departments covered by collective bargaining agreements shall
be entitled to the same benefits including but not limited to longevity
and educational allowances as those members of the bargaining units,
except supervisors shall not receive overtime compensation.
e.
The pay plan for nonunion personnel shall utilize the Personnel Classification
Schedule and the following pay plan:
[Amended 4-25-2017 by Ord. No. 09-17; 11-14-2017 by Ord. No. 22-17; 11-13-2018 by Ord. No. 20-18; 9-24-2019 by Ord. No. 15-19; 9-22-2020 by Ord. No. 13-20; 7-13-2021 by Ord. No. 23-21; 7-12-2022 by Ord. No. 13-22; 8-8-2023 by Ord. No. 10-23]
|
Grade
|
Minimum - Maximum
|
|---|---|
|
1
|
$0 - $19,999
|
|
2
|
$0 - $29,999
|
|
3
|
$0 - $42,999
|
|
4
|
$0 - $55,000
|
|
5
|
$0 - $71,000
|
|
6
|
$0 - $80,000
|
|
7
|
$0 - $95,897
|
|
8
|
$0 - $121,000
|
|
9
|
$0 - $131,000
|
|
10
|
$0 - $197,000
|
a.
In addition to the salary provided in the pay plan, in recognition
of the years of service that certain township employees have provided
to the community, the following longevity pay plan is herein established:
|
Years of Service
|
Annual Increment
|
|---|---|
|
After 10 years
|
$300
|
|
After 16 years
|
$600
|
b.
An employee becomes eligible for a longevity payment in the calendar
year during which the required years of continuous service are completed.
c.
The longevity pay shall be added to the base pay of the employee
and shall be paid as a part of the regular payroll of the township.
A part-time employee shall receive a longevity payment prorated according
to the hours worked corresponding to a full-time employee.
d.
This subsection regarding longevity pay salary additions is inapplicable
to individuals whose employment is in the capacity of council member
for Roxbury Township.
[Ord. #12-83, SV; Ord. #5-84, SV; Ord. #6-87, SIII; Ord.
#7-87, SI; Ord. #7-88, SIII; Ord. #15-90, SIII; Ord. #11-91, SIII;
Ord. #20-91, SIII; Ord. #24-91, S1; Ord. #32-91, S1; Ord. #22-92,
SIII; Ord. #12-93, SIII; Ord. #48-93; Ord. #16-94, SIII; Ord. #5-95,
SIII; Ord. #23-95; Ord. #5-96, SIII; Ord. #10-97, SIII; Ord. #2-98,
S3; Ord. #12-98, S1; Ord. #13-99, S2; Ord. #16-2000, S3; Ord. #12-01,
S3; Ord. #9-02, S3; Ord. #14-03, S3; Ord. #03-04, S3; Ord. #18-05,
S3; Ord. #17-06, S3; Ord. #04-07, S3; Ord. #03-08, S3; Ord. #09-11,
S3; Ord. #24-09, S3; Ord. #02-10, S3; Ord. #15-10, S3; Ord. #19-10,
S3 Ord. #2-11, S3; Ord. #13-12, S3; Ord. #15-12, S3; Ord. #08-13,
S3; Ord. #12-2014 § 3; Ord. No. 10-2015 § 3; Ord. No. 09-2016 § 3; amended 4-25-2017 by Ord. No. 09-17; 11-14-2017 by Ord. No.
22-17; 11-13-2018 by Ord. No. 20-18; 9-24-2019 by Ord. No. 15-19; 9-22-2020 by Ord. No. 13-20; 7-13-2021 by Ord. No. 23-21; 7-12-2022 by Ord. No. 13-22; 8-8-2023 by Ord. No. 10-23]
In addition to the employees governed by the Classification
Schedule, there shall be the following schedule of unclassified titles
for those positions which have unique responsibilities or work schedules:
|
Title
|
Minimum - Maximum
|
|---|---|
|
Mayor
|
$0 - $6,607
|
|
Council Member
|
$0 - $6,319
|
|
Township Attorney
|
By contract
|
|
Municipal Judge
|
$0 - $58,700
|
|
Coordinator/Office of Emergency Management
|
$0 - $16,500
|
|
Health HazMat Coordinator
|
$0 - $7,182
|
|
Licensing Officer
|
$2,367
|
|
Interpreter
|
$1,500
|
[Ord. #12-83, SVI; Ord. #5-84, SVI; Ord. #6-87, SIV; Ord.
#7-87, S2; Ord. #10-87; Ord. #7-88, SIV; Ord. #15-90, SIV; Ord. #11-91,
SIV; Ord. #20-91, SIV; Ord. #22-92, SIV; Ord. #30-92, SIV; Ord. #12-93,
SIV Ord. #16-94, SIV; Ord. #5-95, SIV; Ord. #5-96, SIV; Ord. #10-97,
SIV; Ord. #2-98, S4; Ord. #13-99, S3; Ord. #16-2000, S4; Ord. #12-01,
S4; Ord. #9-02, S4; Ord. #14-03, S4; Ord. #03-04, S4; Ord. #18-05,
S4; Ord. #17-06, S4; Ord. #04-07, S4; Ord. #03-08, S4; Ord. #11-09,
S4; Ord. #24-09, S4; Ord. #02-10, S4; Ord. #15-10, S4; Ord. #19-10,
S4; Ord. #2-11, S4; Ord. #13-12, S4; Ord. #15-12, S4; Ord. #08-13,
S4; Ord. No. 12-2014 § 4; Ord. No. 10-2015 § 4; Ord. No. 09-2016 § 4; amended 4-25-2017 by Ord. No. 09-17; 11-14-2017 by Ord. No. 22-17; 11-13-2018 by Ord. No. 20-18; 9-24-2019 by Ord. No. 15-19; 9-22-2020 by Ord. No. 13-20; 7-13-2021 by Ord. No. 23-21; 7-12-2022 by Ord. No. 13-22; 8-8-2023 by Ord. No. 10-23]
For those employees who work part-time/seasonally for the Township and whose job titles are not listed in Subsection 2-17.12 above, the following pay plan shall be used:
|
Title
|
Salary
|
|---|---|
|
Seasonal Laborer
|
$0 - $15/hr
|
|
Snow Plow Driver
|
$0 - $25/hr
|
|
Sergeant-At-Arms/Municipal Court
|
$123.96/session Jan-Feb; $22.89/hr as of 3-1-09
|
|
Recreation Counselor - seasonal*
|
$0 - $17/hr
|
|
Recreation Supervisor - seasonal*
|
$0 - $21/hr
|
|
Recreation Program Director - seasonal*
|
$0 - $7,000/season
|
|
Recreation Referee
|
$0 - $25/game
|
|
Recreation Certified Referee
|
$0 - $60/game
|
|
Lifeguard
|
$0 - $19/hr
|
|
Clerical Assistance (temporary or part-time)
|
$0 - $15/hr
|
|
Crossing Guard
|
$0 - $19/hr
|
|
Fire Official/Safety Officer
|
$0 - $46/hr
|
|
Fire Inspectors
|
$0 - $26/hr
|
|
Engineering Inspector
|
$0 - $25/hr
|
|
Plumbing Subcode Official
|
$0 - $42/hr
|
|
Fire Subcode Official
|
$0 - $42/hr
|
|
Public Health Nurse
|
$0 - $45/hr
|
|
Special Police Officer
|
$0 - $45/hr
|
|
Public Assistance Director
|
$0 - $24/hr
|
|
Recreation Program Director
|
$0 - $28.39/hr
|
|
Skilled Laborer
|
$0 - $25/hr
|
|
Code Enforcement Officer
|
$0 - $28.50/hr
|
*Implemented by a seasonal contract
[Ord. #12-83, SVII; Ord. #5-84, SVII; Ord. #18-85, SII; Ord.
#13-86, SSV, V1; Ord. #6-87, SV; Ord. #35-96, S5]
a.
An employee shall not receive less than nor more than the salary
established in the pay plan for the assigned position title. The exception
to this regulation is for those employees whose prior year salary
exceeded the salary established in this section for their assigned
position titles. In those cases, these employees shall receive 60
percent of the adjustment made to the pay plan for similarly classed
employees until such time as the employee's salary is within the established
pay range for the assigned position title.
b.
A new employee shall receive the minimum pay of the pay range for
the assigned position title unless the township manager certifies
that the employee's experience and/or qualifications warrants a higher
starting salary but within the salary range established herein. Employees
promoted to a position with a higher classification shall at the time
of promotion, be paid within the pay range so that no less than five
percent pay increase will be received. A person beginning employment
between July 1 and December 31 shall not be eligible for a salary
increase in the subsequent calendar year until he has worked at least
six months for the township. Thereafter pay raises shall become effective
on January 1 or whatever other date is established for all township
employees.
c.
Employees shall be evaluated annually and all salary increases are
contingent upon the successful performance of the job assignment as
recommended by the employee's supervisor and approved by the township
manager. The average employee should advance from the minimum pay
to the maximum pay for a position in 48 months provided that satisfactory
performance is demonstrated.
d.
Detailed regulations governing the implementation of this coordinated
personnel system shall be developed by the township manager, incorporated
into a Personnel Manual and approved by the township council by resolution.
These regulations once duly adopted shall govern all personnel actions
in the township not specifically regulated by existing or future ordinances
or duly negotiated collective bargaining agreements.
[Ord. #12-83, SVIII; Ord. #5-84, SVIII; Ord. #14-03, S5; Ord. No. 09-2016 § 5]
The provisions of this ordinance shall prevail except when superseded
by formal collective bargaining agreements entered into by the Township
of Roxbury and a recognized employee negotiating association.
[Ord. #17-06, S5]
All full-time employees (employees working at least 35 hours
per week), regular part-time employees (working at least 20 hours
per week) hired prior to January 19, 1996, elected officials, and
the eligible members of their families shall be entitled to full coverage
of basic and major medical, dental, prescription, and vision insurance
as provided by the township in accordance with the township's personnel
policy.
[Ord. #17-06, S6]
Health care benefits will be provided to a covered employee
by the township upon retirement from the township at the township's
expense at the cost of the "Standard plan" as long as the employee
has accumulated 25 years of service in the State pension system. Upon
retirement, employees who have a minimum of 25 years of service or
on disability retirement with the State pension system (PERS or PFRS)
may elect to continue prescription, dental, and vision coverage at
the township group rate, at their own expense.
[Ord. #9-81, S1, 2, 3 & 4; Ord. #86-18]
a.
Short title. This section shall be known and may be cited as the
Cooperative Pricing Ordinance of the Township of Roxbury.
b.
Authority. Pursuant to the provisions of N.J.S.A. 40A:11-11(5) and
other pertinent acts of the legislature of the State of New Jersey
providing for cooperation between public bodies in purchasing work,
materials and supplies, the mayor is hereby authorized to enter into
a cooperative pricing agreement with the lead agency created therein,
to be known as the Morris County Cooperative Pricing Council, or with
any other contracting unit within the County of Morris or adjoining
counties for the purchase of work, materials and supplies.
c.
The township administrator and/or his designee shall be designated
as the representative of the Township of Roxbury to the Morris County
Cooperative Pricing Council and shall be authorized to accept subsequent
requests for participation in the agreement on its behalf.
d.
The lead agency created in the agreement and the party to the agreement
designated by the lead agency to perform administrative services on
its behalf shall be responsible for complying with the provisions
of the Local Public Contracts Law (N.J.S.A. 40A:11-1) and all other
provisions of the Revised Statutes of the State of New Jersey.
The New Jersey Interlocal Services Act, N.J.S.A. 40:8A-1 et
seq., authorizes two or more communities to enter into an agreement
to cooperate in the provision of services; and the Township of Roxbury
and the Township of Mount Olive have agreed to enter into an agreement
providing for a Regional Communications Center for 24 hour dispatching
services for fire and first aid emergencies and for police dispatching
services from 11:00 p.m. to 7:00 a.m. daily; and the Communities have
agreed to equally share the costs of operating said system including
the purchase, installation, maintenance and operation of equipment
to be installed within the Communications Center.
The township council hereby approves and authorizes the mayor
to sign an agreement attested by the township clerk entitled "Interlocal
Services Agreement between Roxbury Township and Mount Olive Township
for a Regional Communications Center."
A copy of the agreement is on file in the office of the township
clerk and available for review by the citizens of Roxbury Township.
There is hereby established within the Roxbury Fire Department
the office of fire police.
The Chief of the Roxbury Fire Department may nominate not more
than six volunteer members of the department to serve as fire police.
Candidates nominated to said office shall be confirmed by the township
council and shall serve for a term of one year or until their successors
are nominated and confirmed. Fire police officers shall serve without
compensation from the township.
No member of the fire department shall be appointed to the office
of fire police unless the person:
a.
Is a volunteer member of the Roxbury Fire Department in good standing;
b.
Is a citizen of the United States;
c.
Is able to read, write and speak the English language well and intelligently;
d.
Is of good moral character and has not been convicted of any criminal
offense involving moral turpitude;
e.
Has a valid New Jersey driver's license at the time of appointment;
f.
Has successfully passed a physical examination and submitted to a
criminal history search not more than three months prior to said appointment;
and
g.
Has successfully completed the "New Jersey Fire Police Basic Training
Course" or an equivalent course approved by the New Jersey Department
of Community Affairs, Division of Fire Safety.
Each individual appointed and qualified as a fire police officer
shall, before entering upon the performance of his or her duties,
take and subscribe to an oath to faithfully, impartially and justly
perform all of the duties of his or her office. The original of the
oath shall be filed with the township clerk and a copy thereof filed
with the Secretary of the Roxbury Fire Department.
The rights, privileges, powers and duties of a fire police officer
shall be as follows:
a.
The protection of property;
b.
The establishment and maintenance of fire lines;
c.
The performance of such necessary traffic control duties from the
fire station to and at the vicinity of the fire scene, fire drill
or other emergency call as the fire department may respond to, until
the arrival of a duly authorized police officer, or any public event
where fire police services may be requested to protect the public,
subject to the approval of and supervision by the chief law enforcement
officer of the township;
d.
The investigation of all causes of fires and preservation of all
evidence pertaining to fires of questionable origins, in the absence
of investigating authorities;
e.
The wearing and exhibition of an authorized fire police badge on
the left breast of the outermost garment while on duty and acting
in the capacity of a fire police officer; and
f.
The arrest of any person unreasonably refusing to obey the orders
of a fire police officer until such time as the fire is extinguished,
the drill completed, or the emergency subsided.
The performance of the duties of a fire police officer shall
be under the supervision of the fire chief or the highest ranking
fire officer in charge of the fire scene or fire drill, until the
arrival of a duly authorized police officer, who shall assume responsibility
for the supervision of traffic duties, preservation of evidence and
all other law enforcement duties. Nothing in this section shall diminish
the powers of the chief or other superior officer of the Roxbury Fire
Department in the exercise of his or her duties or confer on a fire
police officer the right to supersede a duly authorized police officer.
The Roxbury Fire Department shall amend the department's bylaws
and standard operating procedures to provide for the establishment
of the position of fire police officer and for the process of nomination
to said position.
The refusal to obey a direction or command given by a fire police
officer in the performance of his or her duties shall be considered
a violation of this section. Any person violating this section shall,
upon conviction thereof, be punishable by a fine not to exceed two
hundred ($200.00) dollars and costs.
This section shall be known and may be cited as the "Roxbury
Township Code of Ethics."
The township council of the Township of Roxbury finds and declares
that:
a.
Public office and employment are a public trust;
b.
The vitality and stability of representative democracy depend upon
the public's confidence in the integrity of its elected and appointed
representatives;
c.
Whenever the public perceives a conflict between the private interests
and the public duties of a government officer or employee, that confidence
is imperiled;
d.
Governments have the duty both to provide their citizens with standards
by which they may determine whether public duties are being faithfully
performed, and to apprise their officers and employees of the behavior
which is expected of them while conducting their public duties; and
a.
It is the purpose of this section to provide a method of assuring
that standards of ethical conduct and financial disclosure requirements
for officers and employees of the Township of Roxbury shall be clear,
consistent, uniform in their application, enforceable, and to provide
those officers or employees with advice and information concerning
possible conflicts of interests which might arise in the conduct of
their public duties.
b.
It is the further purpose of this section to implement the pro-visions
of the Local Government Ethics Law, P.L. 1991, c. 29.
c.
This section is enacted under the authority of the Local Government
Ethics Law, P.L. 1991, c. 29, and under the further authority granted
to the Township of Roxbury under the provisions of Titles 40 and 40A
of the New Jersey Statutes.
As used in this section:
a.
"Agency" shall mean any agency, board, governing body, including
the chief executive officer, office, commission or other instrumentality
within the Township of Roxbury, and any independent local authority
created by or appointed under the authority of the Township of Roxbury,
which performs functions other than of a purely advisory nature;
b.
"Business organization" shall mean any corporation, partnership,
firm, enterprise, franchise, association, trust, sole proprietor-ship,
union or other legal entity;
c.
"Employee" shall mean any person, whether compensated or not, whether
part-time or full time, employed by or serving on an agency who is
not a local government officer;
d.
"Interest" shall mean the ownership or control of more than ten (10%)
percent of the profits, assets or stock of a business organization
but shall not include the control of assets in a non-union profit
entity or labor union;
e.
"Member of immediate family" shall mean the spouse or de-pendent
child of an officer or employee residing in the same household.
f.
"Officer" means any person whether compensated or not, whether part-time
or full time who is one of the following:
1.
Member of the township council
2.
Township manager
3.
Deputy township manager
4.
Director, department of finance
5.
Director, department of inspections
6.
Director, department of public works
7.
Director, department of recreation
8.
Chief of police
9.
Captain, police department
10.
Tax assessor
11.
Township clerk
12.
Township attorney
13.
Township engineer
14.
Township planning consultant
15.
Township auditor
16.
Municipal judge
17.
Township prosecutor
18.
Township public defender
19.
Planning board member
20.
Planning board attorney
21.
Zoning board of adjustment member
22.
Zoning board of adjustment attorney
23.
Local assistance board member
24.
Director of public assistance
25.
Municipal utilities authority member
26.
Municipal utilities authority executive director
27.
Board of fire commissioners member
28.
Fire chief
29.
Board of fire commissioners attorney
30.
Library board of trustees member
31.
Director, Roxbury Township Public Library
32.
Any other person who is a managerial executive or confidential employee,
as defined in section 3 of the "New Jersey Employer-Employee Relations
Act, N.J.S.A. 34:13A-3, of the Township of Roxbury" or of any agency
created under the authority of or appointed by the Township of Roxbury.
g.
"Officer or employee" shall mean an officer or employee of the Township
of Roxbury or of any agency under the authority of or appointed by
the Township of Roxbury.
Officers and employees of the Township of Roxbury shall comply
with the following provisions:
a.
No officer or employee of the Township of Roxbury or member of his
or her immediate family shall have an interest in a business organization
or engage in any business, transaction, or professional activity,
which is in substantial conflict with the proper discharge of his
or her duties in the public interest;
b.
No officer or employee shall use or attempt to use his or her official
position to secure unwarranted privileges or advantages for himself
or others;
c.
No officer or employee shall act in his or her official capacity
in any matter where he, a member of his or her immediate family, or
any business organization in which he or she has an interest, has
a direct or indirect financial or personal involvement that might
reason-ably be expected to impair his or her objectivity or independence
or judgment;
d.
No officer or employee shall undertake any employment or service,
whether compensated or not which might reasonably be expected to prejudice
his or her independence of judgment in the exercise of his or her
official duties;
e.
No officer or employee, member of his or her immediate family, or
any business organization in which he or she has an interest, shall
solicit or accept any gift, favor, political contribution, service,
promise of future employment, or other thing of value based upon an
understanding that the gift, favor, loan, contribution, service, promise,
or other thing of value was given or offered for the purpose of influencing
him, directly or indirectly, in the discharge of his or her official
duties. This provision shall not apply to the solicitation or acceptance
of contribution, if accepted, was given with the intent to influence
the officer in the discharge of his or her official duties. This provision
shall not apply to the solicitation of or acceptance of contributions
to the campaign of an announced candidate for elective public office,
or the officer has no knowledge or reason to believe that the campaign
contribution, if accepted, was given with the intent to influence
the officer in the discharge of his or her official duties;
f.
No officer or employee shall use, or allow to be used, his or her
public office or employment, or any information, not generally available
to the members of the public, which he or she receives or acquires
in the course of and by reason of his or her office or employment,
for the purpose of securing financial gain for himself, any member
of his or her immediate family, or any business organization with
which he or she is associated;
g.
No officer or employee or any business organization in which he or
she has an interest shall represent any person or party other than
the township in connection with any cause, proceeding, application
or other matter pending before any agency of the Township of Roxbury.
This provision shall not be deemed to prohibit an employee from representing
another employee where the representation is within the context of
official labor union or similar representational responsibilities;
nor shall this provision be applicable to the township public defender
with respect to representation of defendants in the municipal court;
h.
No officer shall be deemed in conflict with these provisions, if
by reason of his or her participation in the enactment or any ordinance,
resolution or other matter required to be voted upon or which is subject
to executive approval or veto, no material or monetary gain accrues
to him or her as a member of any business, profession, occupation
or group, to any greater extent than any gain could reasonably be
expected to accrue to any other member of such business, profession,
occupation or group;
i.
No elected officer shall be prohibited from making an inquiry for
information on behalf of a constituent, if no fee, reward or other
thing of value is promised to, given to or accepted by the officer
or a member of his or her immediate family, whether directly or indirectly,
in return therefor; and
j.
Nothing shall prohibit any officer or employee of the Town-ship of
Roxbury, or members of his or her immediate family, from rep-resenting
himself, herself or themselves, in negotiations or proceedings concerning
his, her, or their, own interests.
k.
No officer or employee elected or appointed in the township shall,
without receiving formal written authorization from the appropriate
person or body, disclose any confidential information concerning any
other officer or employee or any other person or any property or government
affairs of the township.
l.
Approve or disapprove and in any way recommend the payment of any
bill, voucher or indebtedness owed by the township in which he has
a direct or indirect personal, pecuniary or private interest.
m.
No officer or employee elected or appointed in the township shall
request, use or permit the use of any public property, vehicle, equipment,
labor or service for personal convenience or the private advantage
of himself or any other person. This prohibition shall not be deemed
to prohibit an official or employee from requesting, using or permitting
the use of such public property, vehicle, equipment, material, labor
or service which it is the general practice to make available to the
public at large or which is provided as a matter of stated public
policy for the use of officials and employees in the conduct of official
business.
n.
To avoid the appearance of impropriety, no member of the township
council, the township planning board, the township board of adjustment
or the township environmental commission shall meet in private with
any developer, contractor, applicant, appellant or other person or
their representatives, where such developer, contractor, applicant
or appellant or other person or their representatives has a pending
uncompleted matter filed with the council, the planning board, the
board of adjustment or the environmental commission which, in the
ordinary course of events, will call upon such council person, planning
board member, board of adjustment member or environmental commission
member to exercise their legislative or quasi-judicial powers unless
such private meeting has been directly authorized by the body in which
membership is held or the individual member files a notice with the
township clerk disclosing that such a meeting will take place, the
anticipated location of such meeting and the purpose, if any, of such
meeting. The township clerk shall maintain a file regarding such notices
which shall be available for public inspection on reasonable advance
notice.
a.
Officers of the township shall annually file a financial dis-closure
statement. All financial disclosure statements shall include the following
information which shall specify, where applicable, the name and address
of each source and the officer's job title:
1.
Each source of income, earned or unearned, exceeding two thousand
($2,000.00) dollars received by the officer or a member of his or
her immediate family during the preceding calendar year. Individual
client fees, customer receipts or commissions on transactions
2.
Each source of fees and honorariums having an aggregate amount exceeding
two hundred fifty ($250.00) dollars from any single source for personal
appearances, speeches or writings received by the local government
officer or a member of his or her immediate family during the preceding
calendar year;
3.
Each source of gifts, reimbursements or prepaid expenses having an
aggregate value exceeding four hundred ($400.00) dollars from any
single source, excluding relatives, received by the local government
officer or a member of his or her immediate family during the preceding
calendar year;
4.
The name and address of all business organizations in which the local
government officer or a member of his or her immediate family had
an interest during the preceding calendar year; and
5.
The address and brief description of all real property in the State
in which the local government officer or a member of his or her immediate
family held an interest during the preceding calendar year.
b.
If a financial disclosure statement form has been promulgated by
the New Jersey Local Finance Board, in accordance with the New Jersey
Local Government Ethics Law, then that form shall be used.
The township clerk shall make the forms available to the officers
and employees required to file a financial disclosure statement.
c.
The original statement shall be filed with the township clerk within
90 days after the effective date of the New Jersey Local Government
Ethics Law. All subsequent statements shall be filed on or before
April 30 of each year.
d.
All financial disclosure statements filed shall be public records.
a.
No officer or employee of the township shall accept any gift on behalf
of the township of any nature whatsoever.
b.
All offers of gifts to be made to the township shall be directed
to the township manager who shall determine the following:
1.
The exact description and nature of the bequest, legacy or gift.
2.
The conditions, if any, imposed upon the township upon acceptance
of the bequest, legacy or gift.
3.
Whether or not the donor or donor's family have pending or in the
near future will have pending any matter before the township, any
public official or employee of the township or any of the township's
agencies.
4.
Whether or not the proposed bequest, legacy or gift directly or indirectly
benefits any individual, officer or employee of the municipality or
any member of said officer or employee's immediate family.
5.
Whether or not there is any apparent violation of the Local Public
Ethics Law or this subsection.
6.
Whether the acceptance of the bequest, legacy, or gift will potentially
expose the township to any present or future expense or any present
or future liability.
c.
The township manager shall provide a report on these issues to the
township council which shall have the discretion to accept or reject
said bequest, legacy or gift of money, securities or personal property
by resolution.
[1]
Editor's Note: Former section 2-23, Roxbury Township Redevelopment
Agency, previously codified herein and containing portions of Ordinance
No. 13-93 was repealed by Ordinance No. 11-94 and Ordinance No. 35-96.
It is the intent of this section to establish an internal grievance
procedure providing for prompt and equitable resolution of complaints
alleging any action prohibited by the U.S. Department of Justice regulations
implementing Title II of the Americans with Disabilities Act (hereinafter
"ADA"). Title II states, in part, that "no otherwise qualified disabled
individual shall, solely by reason of such disability, be excluded
from the participation in, be denied the benefits of, or be subjected
to discrimination" in programs or activities sponsored by the Township
of Roxbury.
a.
There is hereby established the position of ADA Coordinator, who
shall be a township employee appointed by the township council and
shall serve in that capacity at the pleasure of the township council
or until such time as the employee terminates his/her employment with
the township.
b.
The ADA Coordinator shall receive no additional compensation.
a.
There is hereby established an ADA Compliance Committee, which shall
be composed of the township mayor, the township construction official,
one representative from the medical profession and two township residents
to be appointed by the township council.
1.
The township employees shall be permanent members of the ADA Compliance
Committee.
2.
Of the nonemployee members, initially one member shall be appointed
for a term of one year; one member shall be appointed for a term of
two years; and one member shall be appointed for a term of three years.
Thereafter, the members shall be appointed for three year terms.
b.
The ADA Compliance Committee shall establish rules and procedures
for hearing complaints, requests, or suggestions from disabled person
regarding access to and participation in public facilities, services,
activities and functions in the community.
Any person aggrieved by an alleged action done in violation
of the provisions of the Americans with Disabilities Act shall be
entitled to pursue the following procedures:
a.
A complaint regarding access, alleged discrimination or a violation
of the ADA shall be submitted, in writing, to the ADA Coordinator.
b.
The complaint shall be filed within 180 days from the date of the
alleged discrimination or violation. The time for filing the complaint
may be extended for a period of 30 days for good cause.
c.
The ADA Coordinator shall conduct an investigation and render a written
decision within 15 working days of the filing of the complaint. A
copy of the decision shall be forwarded to the complainant.
d.
In the event that the complaint cannot be resolved by the ADA Coordinator
to the satisfaction of the complainant, the complaint shall be forwarded
to the ADA Compliance Committee.
e.
After notifying the complainant by certified mail, the ADA Compliance
Committee shall conduct a public hearing, at which time the complainant
may voice his objections to the decision of the ADA Coordinator. The
proceedings shall be recorded and the tape of the proceeding maintained
for a period of one year.
f.
In the event the complainant is not satisfied with the decision of
the ADA Compliance Committee, he/she may appeal the decision of the
township council of the Township of Roxbury.
g.
The township council of the Township of Roxbury shall render its
decision within 30 days of the hearing, which decision shall be final
as to administrative remedies available at the municipal level. Nothing
contained herein shall limit or restrict an individual's right to
pursue other remedies. The right of a person to a prompt and equitable
resolution of the complainant filed hereunder shall not be impaired
by the person's pursuit of other remedies such as the filing of an
ADA complaint with the responsible federal department or agency. Use
of this grievance procedure is not a prerequisite to the pursuit of
other remedies.
The ADA Coordinator shall maintain the files and records of
all complaints filed and the hearings held.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 14-94.
There is hereby established an open space, recreation, farmland,
and historic preservation committee which shall consist of seven members
appointed by the council, whose terms and powers are hereinafter set
forth.
All of the members of the open space, recreation, farmland,
and historic preservation committee shall be residents of the township
and shall serve without compensation. One member shall be a member
of the township council, whose term on the committee shall end on
December 31 of the year in which such member is appointed. The membership
may include, but shall not be limited to, a representative from each
of the planning board, environmental commission, and recreation committee,
as well as other citizens of the township. The terms of the members
other than the member of the township council shall be three years,
provided that of the members initially appointed pursuant to this
section, two shall be appointed to hold office for one year terms,
two shall be appointed to hold office for two year terms, and two
shall be appointed to hold office for three year terms. A vacancy
shall be filled by appointment for the unexpired term only.
a.
The open space, recreation, farmland, and historic preservation committee
shall from time to time, submit written recommendations to the township
council as to:
1.
Which parcels of land should be acquired for recreation and conservation
purposes and whether such parcels should be acquired in fee or only
by acquisition of development rights; and
2.
Which of the lands acquired for those purposes should be developed;
and
3.
Which farmland should be acquired for farmland preservation purposes
and whether such farmland should be acquired in fee or only by acquisition
of development rights.
b.
The open space, recreation, farmland, and historic preservation committee
shall submit to the township council a prioritized list of properties:
c.
After selection of the properties to be acquired, developed or preserved
referred to in paragraphs a. and b. above, the township may proceed
to acquire by gift, purchase or by eminent domain proceedings, pursuant
to N.J.S.A. 20:3-1 et seq., or to develop or preserve, the identified
parcels within the financial constraints established by the township
council.
The open space, recreation, farmland, and historic preservation
committee shall select from among its members a chairman and a vice
chairman to serve as the presiding officer in the absence of the chairman.
The open space, recreation, farmland, and historic preservation
committee shall hold its initial organization meeting shortly after
this ordinance[1] takes effect.
a.
There is hereby established a reserve in general capital fund, which
shall be known and designated as the "Open Space, Recreation, Farmland,
and Historic Preservation Trust Fund" (hereinafter the Trust Fund).
A separate bank account shall be opened and maintained for this purpose.
Funds from the Trust Fund may, as directed by the township council,
be utilized to acquire vacant land, as well as land which has improvements
upon it at the time of acquisition where the purpose of the acquisition
is for recreation and conservation purposes, or for historic preservation
or farmland preservation purposes. In the event that the township
council shall find it appropriate to apportion the cost of acquisition
between land and improvements, it may do so and charge the Trust Fund
for the approximate value that it deems appropriate relative to land
and the township's capital account for the value that it determines
shall be attributed to improvements. Trust funds may also, as directed
by the township council, be used for the development and maintenance
of lands acquired for recreation, conservation, farmland, or historic
preservation purposes, and/or for the payment of debt service on indebtedness
issued or incurred by the township for any of the above purposes.
b.
The Trust Fund shall be funded through the dedication to the fund
of an amount not to exceed two ($0.02) cents per one hundred ($100.00)
dollars of assessed valuation of each annual tax levy. The Trust Fund
shall also be permitted to accept donations and testamentary bequests.
The funds accumulated within the Trust Fund may be utilized for the
acquisition of land or development rights in land or as a down payment
for the issuance of bonds for the same purpose or for any other purpose
established herein at the discretion of the township council. Any
and all interest accruing shall remain in the Trust Fund and may be
utilized for the above-described purposes.
No property acquired with funds from the Trust Fund shall be
leased or sold until the sale or lease of the same has been authorized
by binding public referendum and by an ordinance adopted by the township
council and provided that the township council shall replace any land
conveyed under this section with land of at least equal fair market
value and of reasonably equivalent usefulness, size, quality and location
to the land conveyed. Any monies derived from the conveyance shall
be deposited into the Trust Fund and used for the purposes authorized
by this section. Any such conveyance shall be made in the manner prescribed
by law.
In the event that no property is acquired under this section
for a period of five consecutive years, then the mayor and township
council shall review the activities of the open space, recreation,
farmland, and historic preservation committee and issue a report with
recommendations and conclusions concerning the Open Space, Recreation,
Farmland, and Historic Preservation Trust Fund.
The fee for a duplicate tax sale certificate issued in accordance with the provisions of N.J.S.A. 54:5-52.1 shall be as set forth in Chapter XXIV, section 24-11.
The provisions of N.J.S.A. 40A:14-156 et seq., and N.J.S.A.
40:8A-1 et seq., authorize mutual aid agreements for the rendering
of police assistance outside the normal territorial jurisdiction of
the municipality; and in accordance with the foregoing statutory provisions,
the Township Council of the Township of Roxbury wishes to enter into
a mutual aid agreement known as the Morris County Regional Emergency
Deployment System (MCREDS) to render supplemental law enforcement
assistance in the event of an emergency, disaster or widespread crisis.
Pursuant to N.J.S.A. 40A:14-156 et seq., and N.J.S.A. 40:8A-1
et seq., and as otherwise provided by law, the mayor and township
clerk are hereby authorized to execute a mutual aid agreement with
the County of Morris and the municipalities within the County of Morris
for the provision of supplemental law enforcement assistance in the
event of an emergency, disaster or widespread crisis, which agreement
shall include, but not be limited to, the following terms and conditions:
a.
Each party agrees that in the event of an emergency, disaster or
widespread crisis within the municipal jurisdiction of any other party,
the appropriate services and assistance will be provided upon request
and to the extent reasonably possible without endangering persons
or property within the municipality rendering such assistance.
b.
All mutual aid rendered pursuant to the mutual aid agreement and
MCREDS Plan shall be provided without charge or expense to the municipality
receiving such assistance. By executing the mutual aid agreement,
each party acknowledges that it shall be solely responsible for the
provision of any and all salary and other benefits for its personnel,
whether paid or volunteer, rendering assistance within the other municipality,
to the same extent as if such personnel were performing their duties
within the municipality providing the assistance.
c.
The mutual aid agreement shall have an initial term of one year and
shall be automatically renewed for additional and successive one-year
terms, unless and until one of the parties thereto elects to terminate
the agreement by providing prior written notice to the other parties
to the agreement.
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward volunteer
members of the Township of Roxbury fire department and first aid squads
for their loyal, diligent, and devoted services to the residents of
the township.
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Township of Roxbury pursuant
to P.L. 1997, c. 388; and that such plan shall be administered in
accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code, and this section.
The LOSAP shall provide for annual contributions to each eligible
member that meets the following criteria each calendar year (01/01
through 12/31) as follows:
|
91 or more points
|
$1,302.00
|
|
75 to 90 points
|
$962.00
|
|
50 to 74 points
|
$623.00
|
|
0 to 49 points
|
$0.00
|
For the calendar year beginning 01/01/06 and for every year
thereafter, the annual contribution shall be increased, as permitted
by N.J.S.A. 40A:14-185, upon the Consumer Price Index-All Items Philadelphia
Area, published by the Bureau of Labor Statistics of the United States
Department of Labor.
The estimated cost of the program has been calculated as follows:
For regular annual service: one hundred fifty thousand ($150,000.00)
dollars per year.
Each active volunteer member shall be credited annually, on
December 31st, with points for volunteer services provided to the
Township of Roxbury fire department and first aid squads in accordance
with the following schedule:
Points can be earned in any of the following combinations, however
at least twenty (20) points must be earned from the incident response
category.
a.
Incident response — no maximum points.
1.
At least 10 percent, but less than 20 percent of all emergency calls
per calendar year - 10 points.
2.
At least 20 percent or greater of all emergency calls per calendar
year will receive one point for each percentage point calculated —
20 to 100 points.
3.
At least 80 percent or greater of all assigned duty crew calls per
calendar year — 10 points.
4.
Members that are both firefighters and first aiders can combine points
in the above categories provided they meet the required percentages.
A firefighter who is also a first aider shall not be given duplicate
credit for the same call.
b.
Longevity — no maximum points.
1.
One point per active service year. For the purpose of this category,
active service shall be defined as attendance at 60 percent or greater
of all fire department or first aid squad activities. Members that
are both firefighters and first aiders cannot combine points in this
category.
e.
Elected or Appointed Positions — 20 points maximum.
1.
Completion of one-year term in an elected or appointed position equals
ten points per title.
2.
Elected or appointed positions which earn points are:
(a)
All Line Officers (Fire and First Aid);
(b)
Assistant Chiefs;
(c)
Fire Association Officers;
(d)
Department Officers;
(e)
Fire Company Executive Officers;
(f)
Fire Association Trustees;
(g)
Representatives to the State Relief Association;
(h)
Visitors to the State Relief Association;
(i)
Roxbury Township Relief Association Officers;
(j)
Roxbury Township Exempt Association Officers;
(k)
Delegates to the NJ State Relief and/or Exempt Association;
and
(l)
Delegates and/or officers elected to the NJ State First Aid
Council.
3.
Department chief shall receive 20 points upon the successful completion
of his/her term.
This ordinance shall take effect upon final passage and publication
as provided by law and upon approval by the voters of a public question
at the next general election.[1]
[1]
Editor's Note: Ordinance No. 10-01, codified herein, was approved
by voters of the Township of Roxbury at the November 6, 2001 general
election.
The Ledgewood Park Preservation Society, Inc. a nonprofit corporation,
wishes to obtain a nonexclusive license for the use of property owned
by the Township of Roxbury and more commonly known as Ledgewood Park.
The Ledgewood Park Preservation Society, Inc. has proposed to
renovate the cabin on said property and utilize the property for camping
and related Boy and Girl Scout activities.
Pursuant to N.J.S.A. 40A:12-14(c) the Township of Roxbury is
authorized to enter into such a license with a nonprofit corporation
for a public purpose.
The appropriate township officials are hereby authorized and
directed to enter into a nonexclusive license with the Ledgewood Park
Preservation Society, Inc. for the use of Ledgewood Park for conservation/preservation
and recreation purposes.
The consideration for said license shall be one ($1.00) dollar
per year.
The public purpose for said license is the promotion of the
health, safety, morals, and general welfare of the community by a
nonprofit corporation, specifically recreational purposes.
This license shall run for a period of 30 years. The Ledgewood
Park Preservation Society, Inc. shall submit an annual report as required
by N.J.S.A. 40A:12-14(c) to the township clerk or her designee who
shall be responsible for the enforcement of said license.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program if and when the position is filled by a qualified
and eligible individual:
a.
Township Manager;
b.
The following department heads (unless exempted as set forth below):
1.
Department head of the department of planning;
2.
Department head of the department of finance;
3.
Department head of the department of health and welfare;
4.
Department head of the department of construction and building;
5.
Department head of the department of recreation;
6.
Department head of the department of engineering;
7.
Department head of the department of public works; and
8.
Department head of the department of emergency management.
c.
Township engineer;
d.
Municipal prosecutor;
e.
Municipal public defender; and
f.
Municipal court judge.
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulations or guidelines
provided by the Local Finance Board or the Division of Pensions and
Benefits.
[Ord. No. 18-2015]
The purpose and intent of this section is to abide by the requirements
of N.J.S.A. 52:27D-20.l and N.J.A.C. 5:30-17.1 et seq., governing
electronic disbursement controls for payroll purposes.
[Ord. No. 18-2015]
shall mean person(s) responsible for authorizing and supervising
the activities of the payroll service.
shall mean Township of Roxbury, Morris County, New Jersey.
shall mean third-party payroll service organization.
[Ord. No. 18-2015]
The Township of Roxbury is authorized to use a payroll service
to prepare payment documentation, take possession of Township funds,
and make such disbursements on behalf of the Township.
[Ord. No. 18-2015]
a.
The appointment of a payroll service provider shall be made pursuant
to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and
shall require the following:
b.
Any renewal or extension of a contract under these regulations shall
be approved by resolution of the Township Council.
c.
The Township's Chief Financial Officer is hereby appointed as the
approval officer and is responsible for authorizing and supervising
the activities of the payroll service provider and shall further be
charged with the reconciliation and analysis of all general ledger
accounts affected by the activities of the disbursing organization.
d.
If required by the agreement between the Township and the payroll
service provider, the provider is permitted to hold Township funds
pending transmittal to a payee.
[Ord. No. 18-2015]
a.
A payroll service must meet all of the following requirements:
1.
Report any irregularities that may indicate potential fraud, noncompliance
with appropriate laws, dishonesty or gross incompetence on the part
of the approval officer; and
2.
Report circumstances that could jeopardize its ability to continue
operations or otherwise interrupt the services provided to the Township.
b.
A payroll service provider must meet the requirements of N.J.A.C.
5:30-17.5, requiring that the approval officer be assured that the
provider has its own internal controls and shall appropriately guard
against theft and other adverse conditions.
c.
All contracts entered into pursuant to these regulations and the
laws authorizing the same shall comply with the requirements of N.J.A.C.
5:30-17.6.
[Ord. No. 18-2015]
Upon the adoption of this section, the Township Council, with
the assistance of the Chief Financial Officer and the Township Attorney,
as necessary, is hereby authorized and directed to enter into an agreement
for payroll service in accordance with all local public contracting
laws and N.J.A.C. 5:30-17. Appointment of the payroll service provider
shall be by separate resolution of the Township.
