[1999 Code § 2.04.010; Ord. No.
O.1548-2007 ]
a. The Township government shall be comprised, in addition to the Council,
of the following departments, divisions, bureaus and offices:
3. Department of Administration;
5. Department of Public Works;
7. Department of Parks and Recreation;
8. Department of Health and Human Services;
9. Department of Planning and Engineering;
10. The respective divisions, bureaus and offices into which such departments
are divided pursuant to this chapter;
11. The various judicial, legislative and independent agencies of local
government provided pursuant to the Charter or general law.
b. The term of the office of all department directors enumerated above
shall be coterminous with the term of office of the Mayor, notwithstanding
anything to the contrary contained hereinafter.
[1999 Code § 2.04.020]
Except as may be otherwise expressly provided, the various statutory
and other nondepartmental agencies of the Township government shall
be under the supervision of the Business Administrator to the extent
that such supervision is not inconsistent with the Charter and general
laws applicable to such agencies, respectively.
[1999 Code § 2.04.060]
The Township, in the course of its administration, issues various
publications and periodicals to the public. To fairly reflect the
Governing Body, it is deemed that all future publications and periodicals
shall appropriately reflect the name of the Mayor, the Council President
and respective Councilpersons.
[1999 Code § 2.20.010; Ord. No.
O.1508-2006 ]
a. Appointment; Term. There shall be a Department of Administration,
the head of which shall be the Business Administrator. He or she shall
have the qualifications and shall be appointed in the manner prescribed
by the Charter. The compensation of the Business Administrator shall
be such sum annually as shall be fixed by ordinance. He or she shall
be appointed by the Mayor, with the advice and consent of Council,
for a period of four (4) years.
b. Duty to Serve in Absence of Division Heads. In the absence of appointments
to division heads within the Department of Administration, the Business
Administrator, who serves as department head to the Department of
Administration, shall perform the functions of those divisions.
c. Removal or Failure to Reappoint; Notice. In the event of the removal
or failure of reappointment of the Business Administrator, that administrator
may be entitled to a three-months' written notice of the removal or
non-reappointment, or if the Mayor determines that the removal shall
be immediate, then the Administrator may be paid any unpaid balance
of his salary plus his salary for a maximum of the next three (3)
calendar months following the effective date of the Mayor's action
unless the removal is for good cause. For the purposes of this subsection,
"good cause" shall mean conviction of a crime or offense involving
moral turpitude, the violation of the provisions of N.J.S.A. 40:69A-163
through N.J.S.A. 40:69A-167, or the violation of any code of ethics
within the Township of Edison.
[1999 Code § 2.20.020]
The Department of Administration shall consist of Divisions
of the Budget, Division of Personnel and Division of Central Purchases.
Through such divisions and otherwise, the Business Administrator,
under the direction and supervision of the Mayor, shall:
a. Assist the Mayor in the preparation of the Township Budget;
b. Develop and enforce sound purchasing and personnel practices and
procedures for all departments, offices and agencies of the Township;
c. Supervise the administration of each of the departments established
by ordinance, and, for this purpose, to have and exercise such duties
and powers as are provided by the Charter;
d. Prescribe and issue rules and regulations for the efficient management
of the government, not inconsistent with the Charter and ordinances
of the Township;
e. Be responsible for the efficient management of his or her department
and have the general powers and duties of a department head as provided
by Charter or by ordinance;
f. Coordinate the operations and administration of departments, divisions,
offices and agencies of the Township government.
[1999 Code § 2.20.030]
There shall be a Division of the Budget within the Department
of Administration, the head of which shall be the Budget Officer.
He or she shall, prior to his or her appointment, be qualified by
training or experience in the formulation and administration of governmental
or large corporate budgets and in the analysis of budgetary costs.
The compensation of the Budget Officer shall be such sum, annually,
as shall be fixed by ordinance.
[1999 Code § 2.20.040]
The Budget Officer, under the direction of the Business Administrator,
shall:
a. Organize and administer the work of the Division;
b. Prepare and prescribe uniform forms of budget requests for the use
of all departments and all other spending agencies, together with
appropriate instructions for such use;
c. Review and analyze all budget requests for appropriations and make
recommendations with respect thereto to the Business Administrator;
d. Study the organization and operation of any and all departments,
and all other spending agencies for the purposes of budget analysis;
e. Prescribe and require each department and other spending agencies,
for which Township appropriations are made, to maintain records and
produce reports of their respective work load and performance, expressed
in appropriate work units, which may be prescribed or approved for
each of the departments and other spending agencies by the Budget
Officer;
f. Compile the budget document in accordance with the policies established
by the Mayor, for presentation by the Mayor to the Council in accordance
with the Charter.
[1999 Code § 2.20.050]
The budget document shall be in such form as is required by
law for municipal budgets, and there shall be, in addition, appended
thereto, a detailed analysis of the various items of expenditures
and revenue. Such analysis shall include, for each department, division
and agency, the total number of positions of each class and grade
authorized by the budget, compared with the corresponding number actually
employed at the beginning and end of the preceding budget period.
So far as practicable, the detailed analysis shall support the various
expenditure estimates in terms of the cost of performance of functional
programs and activities, stating separately operating and capital
costs. As soon as the Business Administrator determines that such
supporting analysis is practicable with respect to the work of any
department or functional program or activity, the budget document
shall include appropriate statements of the cost of performance measured
in quantitative countable units of work.
[1999 Code § 2.20.060]
The Budget Officer shall supervise the administration of each
annual budget. Immediately after the budget has been enacted and after
consultation with the heads of the departments, he or she shall establish
quarterly or such other periodic allotments of appropriations to each
department as the Business Administrator shall approve. At the beginning
of each allotment period, the amount specified shall become available
to each department for obligation during that period. Such allotments
for any department may be modified, upon request of the head of the
department, by the Business Administrator or by direction of the Mayor.
The Budget Officer shall file with the supervisor of accounts a copy
of each allotment and modification thereof. An encumbrance system
of accounts to control all expenditures within the limits of budget
appropriations and such allotments shall be maintained by the Department
of Finance.
[1999 Code § 2.20.070]
The Budget Officer shall maintain a continuous administrative
review of departmental operating methods, organization and management.
In cooperation with the department heads and divisions thereof, he
or she shall develop standards to improve administrative practices
and procedures and the management of the Township government, and
shall make recommendations of such standards to the Business Administrator.
[1999 Code § 2.20.080]
If at any time during the budget year, the Budget Officer shall
ascertain that the available revenue plus balances for the year will
be less than the total appropriations, he or she shall so advise the
Business Administrator, who shall reconsider the work programs and
allotments of the several offices, departments and agencies. Upon
such reconsideration and with the approval of the Mayor, he or she
shall revise the allotments so as to forestall, so far as possible,
the making of commitments and expenditures in excess of the revenue
to be realized during the fiscal year.
[1999 Code § 2.20.090]
There shall be a Division of Central Purchases within the Department
of Administration. The head of the Division shall be the Purchasing
Agent. He or she shall, prior to his or her appointment, have been
qualified by training in commercial or governmental purchasing. His
or her compensation shall be said sum, annually, as shall be fixed
by ordinance.
[1999 Code § 2.20.100]
The Purchasing Agent, under the direction and supervision of
the Business Administrator, shall:
a. Purchase, store and distribute all supplies, material and equipment
and contract for all services required by any department, office or
agency of the Township, except that the Department of Public Works
shall be responsible for contracts for public works and improvements;
b. Establish and enforce specifications with respect to such services,
supplies, materials and equipment;
c. Inspect and supervise the inspection of all deliveries of supplies,
materials and equipment and the rendition of contractual services
and determine their qualities, quantities and conformance and specifications;
d. Have charge of any and all central storerooms and warehouses which
may hereafter be established;
e. Transfer to or between departments, offices and agencies and from
or to central stores, such supplies, materials and equipment as need
appears, and arrange for the sale of surplus or obsolete items thereof.
[1999 Code § 2.20.110; Ord. No.
O.1514-2006 ; Ord. No. O.1686-2009 § I; Ord. No. O.1794-2012 § II; Ord. No. O.1860-2014; amended 12-28-2022 by Ord. No. O.2169-2022]
a. Each department, the Clerk and Tax Assessor, shall follow such procedures
and such forms for purchasing as the Business Administrator shall
proscribe. Upon request of the Business Administrator, each department
head, the Clerk and the Tax Assessor, shall submit a complete statement
of the work and labor under contract and the materials, supplies and
equipment which will be required by the department during the ensuing
year, half year or quarter year as the Business Administrator may
determine, according to the best estimate of the department head,
the Clerk and Tax Assessor. Such statement shall be in such form and
detail as the Administrator may require.
b. In accordance with N.J.S.A. 40A:11-2(3) the Business Administrator
is hereby designated as the Contracting Agent for the Township of
Edison. Except as detailed in paragraph c below with respect to proposed
services and all extraordinary unspecifiable services, as contracting
agent for the Township, the Business Administrator may enter into
contracts on behalf of the Township for the performance of any work,
or the furnishing of any materials or supplies, the cost or price
of which does not exceed in the fiscal year the maximum bid threshold
as mandated by the Director, Division of Local Government Services.
Any contract equal to or in excess of the maximum bid threshold as
mandated by the Director, Division of Local Government Services shall
require the approval of the Township Council. The Contracting Agent
may also authorize the refund of any license, permit or program fee,
established by this Code, which has been paid in error. For any contract,
which in the aggregate, is equal to or more than fifteen (15%) percent
of the bid threshold established by the Local Contracts Law, the Contracting
Agent or his designee shall solicit at least two (2) competitive written
quotes in accordance with the provisions of N.J.S.A. 40A:11-6.1.
c. Notwithstanding the foregoing, all professional services and all
extraordinary unspecifiable services as defined in the N.J.S.A. 40A:11-1
et seq., shall be subject to receipt of at least two (2) and preferably
three (3) quotations when the cost of the professional service or
extraordinary unspecifiable service is estimated to exceed five thousand
($5,000.00) dollars, if practicable.
d. Fair and Open Process. When the cost of the professional services
and all extraordinary unspecifiable services are estimated to be seventeen
thousand five hundred ($17,500.00) dollars or more, the Purchasing
Agent will assist department heads to satisfy the requirements of
the Division of Local Government Services (DCA) regarding use of the
"fair and open" purchasing process including the following:
1. Draft request for proposals/request for quotations with criteria
award;
2. Publicize in official newspaper or website ten (10) days prior to
bid opening;
3. Publicly open and announce results;
5. Township Council makes public award.
e. Department heads should award or recommend award of contracts for
these two (2) processes to the lowest responsible proposal. While
price is an important characteristic of the proposal, attention must
also be directed to the following:
1. The quality with which the proposal addresses the needs of the Township,
2. The experience, capacity and capability of the proposal to meet the
needs of the Township as set forth in the specifications or request
for proposal.
f. Award and recommendations of award of contracts shall conform with
the provisions of:
1. Local Public Contracts Law
[N.J.S.A. 40A:11-1 et seq.]
2. Pay to Play laws
[N.J.S.A. 19:44A-20.4 et seq.]
3. Applicable local ordinances of the Township of Edison, such as this
section (Purchasing Procedures) of the Revised General Ordinances
of the Township of Edison.
g. The Business Administrator shall establish a procedure for the purchase
of any item required for immediate protection of the public health,
safety or welfare of the municipality, in accordance with the terms
of the Local Public Contracts Law, which will permit such emergency
purchases to be made for specific purposes in a manner other than
that prescribed by this section.
h. Except as the Business Administrator or such other officer as he
or she may designate may authorize in case of emergency, no purchase
shall be made and no bill, claim or voucher shall be approved unless
the procedure prescribed by and pursuant to the Charter and this Code
have been followed. The Township will not be bound by any purchase
or contract made contrary to this policy and any employee or representative
of the Township who violates the policy may face disciplinary action
as well as personal liability for any costs or obligations improperly
incurred.
i. The insurance commission or such officer as they may designate shall
be in charge of the purchasing of insurance. The procedure employed
shall be by public advertisement for bids, and the contract shall
be awarded to the lowest responsible bidder providing the broadest
coverage for the type of insurance bid. The insurance commission or
such other officer as they may designate shall draw up the specifications
for coverage. This section shall not apply to obtaining of insurance
coverage or binders when the safety or protection of the public or
the public conveyance require or the exigency of the public service
will not admit to such advertisement, in the discretion of the insurance
commission.
j. Every two (2) years and before any contract for any health insurance
(including medical coverage, dental coverage, prescription coverage
and the like), health insurance brokers and/or third party administrators
for health insurance is awarded, the Purchasing Agent shall solicit
quotes from at least five (5) health insurance providers, brokers
and/or third party administrators or provide them with copies of the
bidding specification, request for proposals or request for qualifications
as the case may be and request response to the same, and provide the
Township Council with any and all responses received. Additionally,
any contract for health insurance, health insurance brokers and/or
third party administrators for health insurance shall require the
vendor to provide a detailed list of claims and pay-outs on at least
a quarterly basis, and the same shall be provided to the Township
Council.
[1999 Code § 2.20.120]
Immediately upon delivery of any purchase item, the receiving
department shall make a record thereof on a form to be approved by
the Business Administrator, and the department's acceptance of delivery
shall be certified by the department head. A voucher properly prepared
and executed by the vendor shall be submitted to the Chief Financial
Officer who shall not authorize payment unless and until he or she
has first examined a properly prepared and certified receiving report,
and has satisfied himself or herself that the items billed were properly
authorized and delivered in accordance with the purchase order or
any change thereof authorized by the Department of Administration.
[1999 Code § 2.20.130]
All purchases made and contracts awarded for any supplies, materials
or equipment or contractual services shall be made pursuant to a written
requisition from the head of the department, office or agency whose
appropriation will be charged and the certification of the supervisor
of accounts that a sufficient unencumbered balance of appropriation
is available to pay thereof.
[Added 9-9-2019 by Ord.
No. O.2050-2019]
a. Title. The title of this section shall be "An Ordinance Establishing
a Qualified Minority-, Women-, and Veteran-Owned Business Set-Aside
Program" (hereinafter collectively referred to the "Set-Aside Program").
This section is being enacted pursuant to and in accordance with the
provisions of N.J.S.A. 40A:11-42 et seq.
b. Definitions. For the purposes of this section, the following definitions
shall apply:
CONSTRUCTION CONTRACT
Any agreement for the erection, repair or alteration of any
building, structure, bridge, roadway or other improvement to real
property.
CONTRACT
Any agreement for the sale of goods or for the provision
of services to the Township of Edison.
MINORITY GROUP MEMBERS
Persons who are African-American, Hispanic, Portuguese, Asian
Americans, American Indians or Alaskan natives.
NJSAVI
New Jersey Selective Assistance Vendor Information, a database
that identifies businesses that are registered and/or certified as
a minority/women/veteran-owned business enterprise with the State
of New Jersey, through the Division of Revenue.
QUALIFIED BUSINESS
A minority-owned enterprise, or a women-owned enterprise,
or a veteran-owned enterprise, as defined herein and certified as
such through and with the State of New Jersey Division of Revenue,
or a general contractor who hires as a subcontractor a minority-owned,
woman-owned, and/or veteran-owned business enterprise as part of a
contract award by the Township.
QUALIFIED MINORITY BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, is at least 51% owned
and controlled by minority group members and is certified as such
through and with the State of New Jersey Division of Revenue.
QUALIFIED VETERAN BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, and is at least 51% owned
and controlled by a veteran.
QUALIFIED WOMEN'S BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, is at least 51% owned
and controlled by women and is certified as such through and with
the State of New Jersey Division of Revenue.
SET-ASIDE CONTRACTS
1.
A contract for goods, equipment, construction, or services,
inclusive of subcontracts, which is designated as a contract for which
bids are invited and accepted only from qualified veteran business
enterprises, qualified minority business enterprises or qualified
women's business enterprises, as appropriate;
2.
A portion of a contract when that portion has been so designated;
or
3.
Any other purchase or procurement so designated.
SUBCONTRACT
A contract by which one agrees to render services or to provide
materials necessary for the performance of another contract.
THOSE PROCUREMENTS
All purchases, contracts, or acquisitions by the Township
which are permitted by law.
VETERAN
Any citizen and resident of this state now or hereafter honorably
discharged or released under honorable circumstances who served in
any branch of the Armed Forces of the United States or a reserve component
thereof for at least 90 days, and shall include disabled veterans.
WOMEN'S BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, is at least 51% owned
and controlled by women and is certified as such through and with
the State of New Jersey Division of Revenue.
c. Applicability. These provisions concerning qualified businesses'
participation in the Township of Edison's purchasing set-aside program
shall apply to contracts for goods, services and/or construction awarded
by or through the Township Purchasing Department.
d. Purpose. The purpose of this program of implementing the provisions
of the Township of Edison's qualified business set-aside program is
to set aside, or otherwise allocate, 5% of the dollar value, utilizing
the prior fiscal year as a baseline, of all of the Township's goods,
services and construction contracts, to be utilized for qualified
business enterprises.
e. Goals; revisions.
1. For the fiscal year beginning January 1, 2020, and for every fiscal
year thereafter, the following goals for qualified business participation
shall serve as the initial goals for the Township of Edison to pursue.
Of the 5%, there shall be:
(a)
33% Township contract participation for qualified minority-owned
businesses.
(b)
33% Township contract participation for women-owned businesses.
(c)
33% Township contract participation for veteran-owned business.
2. The Mayor and Township Council may revise the goals established herein
by subsequent ordinance.
3. The above-stated percentages relate to the total dollar value, measured
from the prior fiscal year, of all Township contracting departments
and contracting agencies to be set aside for qualified businesses,
as appropriate, as goals for Township departments and contracting
agencies to achieve by the end of each fiscal year.
4. The monetary value of subcontracts awarded pursuant to this section
shall be taken into account when reviewing whether the goals established
by this section have been achieved.
f. Good-faith efforts:
1. Efforts which are merely pro forma shall not be deemed the good-faith
efforts necessary to generate a level of qualified business participation
sufficient to meet the goals' requirements of the program.
2. Actions that demonstrate a good-faith effort on the part of the Township's
contracting departments and agencies may include, but are not limited
to:
(a)
Notices to qualified businesses soliciting their participation
in the set-aside program.
(b)
The Purchasing Agent's provision of plans, specifications and
requirements of the contract(s) to interested qualified businesses.
(c)
The Purchasing Agent's provision of an annual list of anticipated
Township purchases (approximate) by item category, dollar amount and
month of bid.
g. Effect on provisions. If a Township contract for goods, services,
or construction, which would otherwise be subject to the provisions
of this section, is or becomes subject to federal or state laws which
conflict with this program or actions thereof, federal or state law
shall apply, and the contract shall be interpreted and enforced accordingly.
h. Role of Township Administrator. In the implementation of the Township's
minority-, women-, and veteran-owned business enterprise set-aside
program and pursuant to the provisions of N.J.S.A. 40A:11-49, the
Township Administrator or Purchasing Agent, if so designated by the
Township Administrator, shall be responsible to do the following:
1. Make a good-faith effort to attain the goals established by the Township's
governing body pursuant to this program.
2. Designate a contract, subcontract or other means of procurement as
a set-aside contract if it is likely to receive bids from at least
two qualified businesses at a fair and reasonable price, to be determined
by the Purchasing Agent, and considering, without limit, the budget
determined to be necessary for the procurement.
3. If it is determined by the Purchasing Agent that two bids cannot
be obtained or that acceptance of the low responsible bid will result
in the payment of an unreasonable price, the Purchasing Agent may
recommend to the Township Administrator that the bids be resolicited
on an unrestricted basis.
4. Designate contracts and/or subcontracts as set-aside contracts prior
to advertisement, and notice of such designation shall be included
in the advertisement.
i. Certification and Compliance Officer. The Township Administrator
shall designate a Certification and Compliance Officer in the Purchasing
Department to realize the intent of this section as set forth herein.
With respect to all contracts and procurements, it shall be the Certification
and Compliance Officer's authority and responsibility to:
1. Maintain a list of eligible businesses; interact with the Department
of Finance and Purchasing Department to determine which Township contracts
should be set aside for participation herein; oversee outreach to
the qualified business enterprises; and oversee and coordinate seminars
for qualified business enterprises to expand the number of qualified
businesses eligible to participate in this set-aside program.
2. Maintain a listing of qualified businesses in the Edison Township
area for use by the Township's departments and offices.
3. Submit semiannual reports to the Township Administrator to document
the percentage of set-aside contracts which have been awarded to qualified
businesses pursuant to the Township's set-aside program.
4. Have access to all records and files of all Township contracting
agencies and departments that relate to construction, goods and services
contracts in order to monitor and review compliance.
5. Make a written annual report to the Township Administrator indicating
the good-faith effort made by the Purchasing Department to attain
the set-aside goals set forth in this program. Such report shall be
submitted to the Township Administrator, Mayor and Council not later
than January 31 of each year, of the previous year's activity. The
Township shall publish a list of the Township's attainments (goals)
for the immediate preceding local fiscal year, in two newspapers circulating
in Middlesex County, by March 1 of each year pursuant to N.J.S.A.
40A:11-48.
6. Ascertain, with the assistance of the Purchasing Agent, the identity
of qualified businesses in the Edison Township area.
7. Classify each business according to contract types in which the business
represents itself to have capabilities, place all classified businesses
on a solicitation list and distribute the list to the Purchasing Agent.
This list shall also include businesses within the area of Edison
Township.
8. Survey all businesses placed on the solicitation list to determine
their past and current participation level in Township contracts.
The results may be used to ascertain the contracting agency's good-faith
effort to attain the goals as established by the Township.
j. Implementation.
1. The Township's Certification and Compliance Officer shall make such findings, recommendations and proposals as are necessary and appropriate to the implementation of the Township's set-aside program. If, as a result of his or her monitoring activities, the Certification and Compliance Officer determines that the goals set forth in this section are not being met by the Township, the Certification and Compliance Officer may recommend any or all of the following actions listed in Subsection
j2(a) through
(c).
2. The Certification and Compliance Officer shall submit a report to
the Township Administrator setting forth the nature of the problem(s)
and any suggestions for better implementation of the program. If the
Township Administrator concludes that the Township's qualified minority-,
women-, and veteran-owned business enterprise set-aside plan is unlikely
to produce the participation goals, he or she may recommend that the
Certification and Compliance Officer revise the Township's plan to
provide additional opportunities for qualified business participation,
such as, but not be limited to, the following:
(a)
Recommendations as to stronger solicitation efforts to identify
more qualified minority-, women-, and veteran-owned businesses as
potential sources of supply.
(b)
Recommendations as to the elimination of extended experience
or capitalization requirements, when programmatically feasible, to
permit participation of qualified businesses in the set-aside program.
(c)
Recommendations as to publication of advertisements for bids
in more than one newspaper, e.g., minority-oriented newspapers.
k. Certification.
1. To ensure that only qualified businesses that are owned and controlled
in both form and substance by minorities, women and veterans, which
are counted towards the goals' requirements set forth in this section
and the Township's minority business enterprise/women's business enterprise/veteran's
business enterprise program(s), any minority- or women- or veteran-owned
business, including a joint venture, desiring to participate in the
Township's set-aside program must be certified as a legitimate minority
business enterprise/women's business enterprise/veteran business enterprise.
Such certification shall follow the State of New Jersey's rules for
being included in the NJSAVI database as set forth herein, and/or
any other New Jersey governmental entity or agency that has qualified
and certified a business as a qualified business enterprise described
herein and throughout using the same criteria for determining a business'
qualifications, and registration therein shall constitute certification
for the purposes of the Township's set-aside program.
2. Each qualified business owner shall submit a fully executed certification
affirming that his or her business meets all the requirements to be
a qualified business by January 1 of each year.
3. The Certification and Compliance Officer will evaluate the submitted
information to determine whether the applicant meets the criteria
for qualified minority-, women-, and/or veteran-owned business enterprises.
Prior to making a certification recommendation to the Township Administrator,
the Certification and Compliance Officer may, in his/her discretion,
request an interview with the applicant. Failure of an applicant to
comply with requests for information or documentation may result in
a determination of certification status based on the information supplied
or a suspension of the application for certification.
4. Following certification, the Certification and Compliance Officer
may require the business to furnish additional information from time
to time in order to establish its continued eligibility for certification.
5. Upon becoming certified, a business shall notify the Certification
and Compliance Officer if there is a change in the business that affects
its status as a qualified business, including changes in ownership,
control or management.
6. If a business is denied certification, the Township Administrator
or his or her designee shall notify the business, in writing, of the
reasons for its determination. The business may appeal the denial
to the Township, which shall conduct a hearing at which the business
shall have the opportunity to present witnesses and documents in support
of its application for certification. The business must file its request
for a hearing with the Township. No appeals will be considered if
filed later than 15 days from the date of the notice. Businesses that
are denied certification may not reapply for certification for a period
of six months from the date of denial.
7. Businesses that have been previously certified through programs considered
by the Certification and Compliance Officer to be similar or in concert
with the Township's goals and objectives for qualified business contractors
may be granted certifications pursuant to this plan upon approval
by the Township Administrator.
8. The right of the Township Director of Finance to evaluate a bidder
or contractor's ability to satisfy financial, technical or other criteria,
separate and apart from the certification process provided for in
this program, is not altered by this section.
9. The certification granted pursuant to this section shall entitle
a business to participate in any category of contract or procurement
for which it qualifies. The certification shall not be considered
contract- or project-specific. The Township may, but shall not be
required to, delay the award of any contract pending the appeal of
the Township Administrator's decision to deny certification.
l. Decertification.
1. Any qualified business enterprise may be decertified for the following
reasons:
(a)
For providing false or misleading information to the Certification
and Compliance Officer during the certification process.
(b)
If the qualified business enterprise is no longer an ongoing
business entity.
(c)
If the business entity has changed to the extent that it is
no longer owned and controlled by minorities, or women, or veterans
pursuant to the requirements of this program.
(d)
For failure to report to the Township of Edison, within 10 days,
any determination of the federal government or any state government,
municipality or school board, or any department, subdivision, agency
or authority of the federal government or any state government, municipality
or school board, denying or revoking the certification of the business
as a minority-, or women-, or veteran-owned business enterprise.
(e)
For failure to maintain registration with the State of New Jersey's
SAVI database, or any other accepted certifier.
2. Upon review of the documentation concerning decertification, the
Certification and Compliance Officer shall make a recommendation promptly
to the Township Administrator concerning decertification, whereby
the Township Administrator shall determine whether the business shall
be decertified, and shall notify the business of such decision in
writing. The business may appeal the decision to the Township in accordance
with the provisions above. Reasons for decertifying a business shall
be expressed by certified mail. The decertified business may not reapply
for certification for a period of time to be determined by the Township
Administrator and/or his or her designee, but in no event longer than
a period of one year.
m. Re-certification. On a yearly basis, a qualified business shall submit
any information requested by the Certification and Compliance Officer
annually, to ascertain whether such business is still a qualified
business pursuant to this program. If it is determined that the annual
submission of information has changed to such an extent that the qualified
business' status has changed, affecting the certified status, the
Certification and Compliance Officer may recommend that the business
be required to reapply for certification.
n. Certification standards. The Certification and Compliance Officer
shall undertake the efforts necessary to educate businesses that wish
to be certified as a minority-, women-, or veteran-owned business
that in order to be certified the business must be able to comply
with the following conditions:
1. Eligible minority business enterprises, women's business enterprises,
or veteran business enterprises under this program shall be independent
businesses. There shall be conclusive evidence that the ownership
and control of such business is real, substantial and continuing and
shall go beyond the pro forma ownership of the business as reflected
in its ownership documents. The minority business enterprise/women
business enterprise/veteran business enterprise owners shall enjoy
the customary interests of ownership. They shall share in the risks
and profits commensurate with their interest of ownership. Recognition
of the business as a separate entity for tax or corporate purposes
is not necessarily sufficient for recognition as a minority business
enterprise/women's business enterprise/veteran's business enterprise.
To determine the legitimacy of an independent minority business enterprise/women's
business enterprise/veteran business enterprise, the Certification
and Compliance Officer shall consider all relevant factors concerning
ownership and control of business assets, including, but not limited
to, the date the business was established, whether its resources for
the work of the contract are adequate and the degree to which financial,
equipment-leasing and other relationships with nonminority firms vary
from industry practice.
2. The minority business enterprise/women's business enterprise/veteran
business enterprise owners shall have the power to direct or cause
management and policy directions of the firm/business, as well as
make major decisions on matters of management, policy and operations.
The firm shall not be subject to any restrictions limiting the customary
discretions of the minority or women or veteran owners. This shall
include provisions in bylaws, partnership agreements or charter requirements
for cumulative voting rights or otherwise that prevent the minority
or women or veteran owners, without the cooperation or vote of any
owner who is not a minority or woman or veteran, from making a business
decision of the firm.
3. Where nonminority owners of the firm are disproportionately responsible
for the firm's operation, then, by the standards of this program,
the firm is not controlled by minorities or women or veterans and
shall not be considered a qualified business within the program's
meaning.
4. In establishing a status of a legitimate minority- and/or women-owned
and/or veteran-owned business, all securities which constitute ownership
and/or control of a corporation shall be held directly by minorities
or women or veterans. Securities held in trust or by any guardian
for a minor shall not be considered as held by a minority and/or woman
and/or veteran in determining the ownership and/or control of a corporation.
5. Capital or expertise contributed by minority and/or women and/or
veteran owners to acquire their interest in the firm shall be real
and substantial. A promise to contribute capital, a note payable to
the firm or its owners who are not minorities, or the mere participation
as an employee, rather than as a manager, shall be examples of insufficient
contributions.
6. In determining eligibility as a minority business enterprise/women's
business enterprise/veteran business enterprise business, in addition
to the above standards, the Certification and Compliance Officer shall
give special consideration to the following circumstances:
(a)
Minority business enterprises/women's business enterprises/veteran
business enterprises which are newly formed and whose ownership and/or
control have changed since the date and/or time of the advertisement
of the contract shall be closely monitored to determine the reasons
and the relationship between the timing, formation and/or change in
the firm.
(b)
Careful scrutiny and review of previous and/or continuing employer/employee
relationships between or among present owners shall be conducted to
ensure that the employer/owner has the management responsibilities
pursuant to this program.
(c)
Any relationship between a minority business enterprise/women's
business enterprise/veteran business enterprise and a non-minority-owned
business having interest in the minority/women/veteran-owned business
shall be carefully monitored to determine if the interest of the minority/women/veteran-owned
business enterprise conflicts with the ownership and control requirements
of this program.
7. Joint ventures may be eligible to compete as minority/women's/veteran-owned
business enterprises under this program, provided that the qualified
business enterprise partner of the joint venture meets the eligibility
standards of a minority/women's/veteran-owned business enterprise
set forth herein and the qualified partner shares in the ownership,
control and management responsibilities, the risks and profits of
the joint venture and the qualified business enterprise partner is
responsible for a clearly defined portion of the work to be performed.
o. Violations and penalties.
1. When the Township determines, after hearing, that a business has
been classified as a qualified business enterprise on the basis of
false information knowingly supplied by the business and has been
awarded a contract to which it would not otherwise have been entitled,
the Township may, in accordance with the provisions afforded to it
by N.J.S.A. 40A:11-47:
(a)
Assess against the business any difference between the contract
and what the Township's cost would have been if the contract had not
been awarded in accordance with the provisions of this section;
(b)
In addition to the amount due under Subsection
o1(a), assess against the business a penalty in an amount of not more than 10% of the amount of the contract involved; and
(c)
Order the business ineligible to transact any business with the Township for a period to be determined by the Township, which shall not exceed five years, per N.J.S.A. 40A:11-4. Prior to any final determination, assessment or order under this section, the Township shall afford the business an opportunity for a hearing on the reasons for the imposition of the penalties set forth in Subsections
o1(a),
(b) or
(c) of this section.
2. The Township may file an action to enforce a civil penalty imposed
by this section providing for its collection or enforcement by a civil
proceeding, which action shall be brought as a summary action in the
Law Division of the Superior Court pursuant to New Jersey Court Rule
4:67.
[1999 Code § 2.20.140; Ord. No.
O.1548-2007 ]
There shall be a Division of Human Resources within the Department
of Administration. The head of the Division shall be the Township
Human Resources Officer. Prior to his or her appointment he or she
shall have had training in responsible personnel administration. The
compensation of the Township Human Resources Officer shall be such
sum, annually, as shall be fixed by ordinance.
[1999 Code § 2.20.150; Ord. No.
O.1548-2007 ; Ord. No. O.1793-2012 § 2]
The Township Human Resources Officer shall:
a. Assist in the recruitment of qualified persons, for the offices and
positions in the Township government;
b. Prepare and recommend to the Business Administrator such rules as
he or she may find necessary, appropriate or desirable to improve
personnel administration within the government;
c. Prepare, install and maintain a job classification plan based upon
the duties, authority and responsibility of offices, employments and
positions in the government;
d. Prepare and maintain a pay plan based upon such job classification;
e. Establish and maintain a roster of all persons in the government,
which shall set forth the significant facts relating to personnel
administration, including health benefit records for all active and
retired employees. A report including the health benefit received
and the coverage type for all active and retired employees shall be
provided to the Township Council on an annual basis.
f. Establish and develop in-service training programs for persons in
the Township government;
g. Maintain a continuous study of the operation and effect of personnel
methods and practices in the Township, including hours and days of
work, leaves of absence, sick leave, vacation, pension and retirement
provisions, and report his or her findings and recommendations to
the Business Administrator.
h. Maintain the official records of all compensated absences included:
sick days, vacation days, personal days, disability or medical leave
either used or earned or accumulated. These records shall be submitted
to the Finance Department for formal verification with a report of
that verification being supplied to the Mayor and Township Council
on an annual basis.
i. Maintain copies of all individual employment agreements indicating
the terms of employment, salary and benefits paid to the employee.
All such agreements shall be reviewed by the Department of Law for
compliance with applicable State law concerning contract procurement.
Copies of all such agreements shall be provided to the Township Clerk
and Township Council.
[1999 Code § 2.20.160]
a. There is created within the Department of Administration an Office
of Cable Television under the supervision of the Mayor and the Business
Administrator who shall operate Edison TV and be responsible for cable
television matters of the Township.
b. The Office of Cable Television shall provide for the taping and broadcasting
of all meetings of the Township Council, subject to the rules of the
Council. The Office of Cable Television shall provide for the taping
and broadcast of the public meetings of the following boards, bodies
and agencies:
1. The Edison Housing Authority;
2. The Edison Free Public Library;
3. Township of Edison Planning Board;
4. Township of Edison Zoning Board of Adjustment;
5. Township of Edison Insurance Commission.
c. The Office of Cable Television shall provide for the broadcast of
the public meetings of the Edison Board of Education and shall coordinate
with the Board regarding same.
d. There is established a fee in the amount of fifty ($50.00) dollars
per tape for a copy of any programming broadcast on Edison TV. The
Edison TV manager will submit a monthly report on all programming
aired on Edison TV to Council and the cable committee.
[1999 Code § 2.20.170; Ord. No.
O.1607-2008 § 5; Ord.
No. O.1722-2009 ; Ord. No. O.1865-2014 ]
Within the Department of Administration there shall be a Division
of Fire and Division of Police. Any and all functions, duties or responsibilities
which are assigned to the Director of Public Safety by this Code shall
be assigned to the Mayor. The Mayor shall be designated as the "appropriate
authority" as provided by N.J.S.A. 40A:14-118. The Mayor shall promulgate
and adopt such rules and regulations of the government of the Division
of Police and for the discipline of its members.
Source history: 1999 Code §§ 2.20.180, 2.20.190,
2.20.200, 2.96.010, 2.96.020, Ord. No. O.1607-2008, Ord. No. O.1722-2009,
Ord. No. O.1865-2014.
[Ord. No. O.1865-2014 ]
The Police Force heretofore established by ordinance is continued
as the Division of Police and is subject to all laws and ordinances
relating to a municipal Police Department. The head of the Division
shall be the Chief of Police, who shall be appointed by the Mayor
and shall be the executive head of the Division.
[Ord. No. O.1865-2014; Ord. No. O.1920-2016]
a. The maximum complement of the Division of Police in the Township
is as follows:
1. One (1) Chief of Police; and
2. Two (2) Deputy Chiefs; and
3. Eight (8) Captains of Police; and
4. Nineteen (19) Lieutenants of Police; and
5. Thirty-five (35) Sergeants of Police; and
6. One hundred forty-five (145) Patrol Officers.
b. The actual complement shall be as determined to be needed by the
Mayor and shall be appointed by the Mayor, from time to time, all
of whom shall act and be known as Police Officers of the Township.
[Ord. No. O.1865-2014]
The Division of Police shall, within the Township, preserve
the peace, protect life and property, prevent and detect crime. It
shall have all the functions, powers and duties prescribed by law
for a municipal Police Department, generally, or by any provision
of the Charter and ordinances relating to the Township Police Department,
Chief of Police or the officers and persons of the Department.
[Ord. No. O.1865-2014]
a. The Police Force is established by authority of the Township ordinance, subsection
2-28.1 of this chapter. The Police Force is continued as to the Division Police and is subject to all laws and ordinances relating to a Municipal Police Department. The head of the Division shall be the Police Chief.
b. Authority. The power and duties of the Police Department are established by authority of subsection
2-28.3. The Division of Police shall, within the Township, preserve the peace, protect life and property, and prevent and detect crime. It shall have all the functions, powers and duties described by law for a municipal Police Department generally, or by any provision of the chapter and ordinances relating to the Township Police Department, Chief of Police or the officers and men and women of the Department.
1. Preserve the public peace, prevent crime, detect and arrest offenders
against the penal laws and ordinances effective within the Township,
suppress riots, mobs and insurrections, disburse unlawful or dangerous
assemblages and preserve order at all elections and public meetings
and assemblages;
2. Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of streets by vehicles and persons, and make rules and regulations,
not inconsistent with the Charter, ordinance and general law, for
such a purpose;
3. Remove all nuisances in the public streets, parks and other public
places; and inspect and observe all places of public amusement and
assemblage and all places of business requiring any State or municipal
license or permit;
4. Provide proper Police attendance and protection at fires;
5. Enforce the laws and ordinances in effect within the Township and
prevent the violation of them by any person; and apprehend and arrest
all persons legally charged with the violations of any law or ordinance;
6. Provide for the attendance of its Police Officers or civilian employees
in court as necessary for the prosecution and trial of persons charged
with crime and other violations of the law, and cooperate fully with
the law enforcement and prosecuting authorities of Federal, State
and County governments;
7. Operate a training program to maintain and improve the Police efficiency
of the members of the Division.
8. Make, administer and enforce, adopt and promulgate rules and regulations
for the government of the force and for the disposition, conduct and
discipline of the members of the Division, for this purpose, the Mayor
shall be the appropriate authority to promulgate same.
[Ord. No. O.1865-2014]
The appropriate authority as established in this chapter, and
in accordance with N.J.S.A. 40A:14-118, shall promulgate rules and
regulations for the governance of the Police Division and for the
discipline of its members.
[Ord. No. O.1865-2014]
The Chief of Police shall be the executive officer of the Division
of Police.
[Ord. No. O.1865-2014]
The Police Chief shall exercise any and all rights, authorities,
powers and responsibilities reserved solely to the Chief of Police
as set forth in N.J.S.A. 40A:14-118 and other rights, authorities,
powers and responsibilities not reserved solely to the Chief of Police
by statute as delegated by the Mayor.
Source history: 1999 Code §§ 2.96.380, 2.96.390,
2.96.400, 2.96.405, 2.96.410, 2.96.420, 2.96.430, 2.96.450, 2.96.460,
2.96.470, 2.96.480, Ordinance Nos. O.1314-2004, O.1390-2004, O.1606-2008,
O.1607-2008, O.1651-2008, O.1676-2008, O.1722-2009, O.1808-2012, O.1865-2014.
Ord. No. O.2171-2022 repealed former Subsections 2-29.5 through
2-29.11. History includes Ord. No. O.1865-14 and Ord. No. O.1935-2016.
[Ord. No. O.1865-2014;
amended 12-28-2022 by Ord. No. O.2171-2022]
The Township Council finds that promulgation of appropriate
and consistent standards for the hiring of Police Officers serves
the public interest in the following ways:
a. The public is informed and made aware of the criteria pursuant to
which such appointments are made.
b. Persons wishing to apply for positions as Police Officers are able
to learn and prepare to meet the hiring criteria.
[Ord. No. O.1865-2014]
a. Applicants for employment as Police Officers must meet the following
qualifications:
1. Be a citizen of the United States and a resident of New Jersey by
the date of appointment;
2. Be a high school graduate or equivalent between eighteen (18) and
thirty-five (35) years of age;
3. Have a good moral character and not been convicted of criminal offense
involving moral turpitude;
4. Be psychologically and physically fit to perform all the duties of
a Police Officer;
5. Be able to read, write and speak the English language conversantly;
6. Possess a valid New Jersey driver's license by date of appointment;
7. Shall possess a minimum of sixty (60) credits from an accredited
college or university. In lieu of the minimum of sixty (60) college
credit requirement, an applicant (i) shall have completed two (2)
years of active military service with an honorable discharge; or (ii)
shall be PTC (New Jersey Police Training Commission) certified or
(iii) have been a Police Officer in good standing for a period of
at least one (1) year in another jurisdiction.
8. Be of sound body and good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
as to his/her eligibility;
9. Meet such other requirements as are established in the police rules
and regulations;
10. Be physically capable of meeting the mandated firearms qualifications
mandated by the Attorney General's guidelines.
b. No person shall be hired, or rehired, if that person has ever pled
guilty or been convicted of an indictable offense in this State, or
any state; or received the benefit of pre-trial intervention, or an
equivalent diversionary program, arising out of an indictable offense,
in this or any other state. No person shall be hired or rehired, if
that person has pled guilty, been found guilty, or enrolled in any
diversionary program arising from any disorderly or petty disorderly
persons offense if such offense involves moral turpitude.
[Ord. No. O.1865-2014; Ord. No. O.1935-2016]
a. Application.
1. All applicants shall complete a detailed application which will be
thoroughly investigated. Failure to pass the background investigation
will disqualify an applicant. Examples areas of concern which can
lead to disqualification are:
(b)
Continuous poor driving record;
(c)
Falsification of any information required of the applicant (given
at any time);
(d)
Other negative information uncovered by investigators.
2. Final determination as to passage or failure of the background investigation
will be made by the Chief of Police or his designee.
b. The Mayor shall employ one (1) of the following two (2) procedures
for appointing to the position of entry level Police Officer. The
Mayor reserves the right to utilize either or both of the following
procedures in whatever order of preference he/she chooses. All applicants
shall be charged a nonrefundable fee of one hundred ($100.00) dollars
and reimburse the Township for any fees for criminal background checks
or fingerprinting. These fees can be waived by the Mayor on proof
of indigence.
OPTION 1.
|
1.
|
Police Training Procedure: This procedure will allow the Mayor
to limit applicants to person(s) who are Police Officers in good standing
in another jurisdiction; or are PTC (New Jersey Police Training Commission)
certified; or who are presently attending a certified New Jersey police
training school. In such case, the following selection criteria shall
be used:
|
|
(a)
|
An application committee designated by the Mayor, which shall
include at least the Chief of Police and the Township Administrator,
shall review the applications.
|
|
(b)
|
Applicants who are deemed eligible by the application committee
shall undergo an oral interview by a review committee designated by
the Mayor, which shall include at least the Chief of Police. Applicants
who pass the oral interview may move onto the next phase.
|
|
(c)
|
A background check will be conducted on the number of the proposed
candidates to be hired plus fifty (50%) percent of the proposed number
of candidates to be hired. Those passing the background check are
eligible for the next phase.
|
|
(d)
|
The review committee selected candidates shall undergo a medical
and psychological examination, which shall be conducted by a licensed
physician and licensed psychologist selected by and paid by the Township.
|
|
(e)
|
The applicant passing the aforesaid examinations may be selected
by the Mayor to fill Police Officer vacancies, provided that they
have completed and received PTC certification or are a Police Officer
in good standing at the time of appointment. The Mayor shall make
the final appointment from the list of candidates interviewed utilizing
the "Rule of Three."
|
|
(f)
|
New appointees hired under this procedure will serve a probationary
period of one (1) year as required by the Division of Police Rules
and Regulations which shall begin on the first day of employment.
|
OPTION 2.
|
1.
|
The Township may establish a list of qualified applicants for
the position of Police Officer for those persons not qualified to
be appointed pursuant to Option 1 above, in accordance with the following
procedure:
|
|
(a)
|
A written test to be administered by a valid and reliable outside
CS testing agency or testing company with a minimum of five (5) years
experience in the design and administration of Police Officer hiring
and promotional testing. Applicants must achieve a grade of seventy
(70%) percent or higher to be considered for the next phase.
|
|
(b)
|
All candidates must take a physical agility exam consistent
with a Police Officer's job description. The agility exam shall be
graded based upon a testing rubric established by the Police Chief.
|
|
(c)
|
The final score shall consist of sixty (60%) percent of the
written test score and forty (40%) percent of the physical agility
test score for a total of one hundred (100) points.
|
|
(d)
|
Applicants that have served with the Edison Police Auxiliary
for a period of at least four (4) years prior to the commencement
of the testing procedure shall have five (5) points added to their
score.
|
|
(e)
|
Applicants who are bone fide Edison residents on the date of
the examination shall have five (5) points added to their score.
|
|
(f)
|
All eligible applicants shall undergo an oral interview by a
review committee designated by the Mayor, which shall include at least
the Chief of Police. Applicants who pass the oral interview may move
onto the next phase.
|
|
(g)
|
A background check will be conducted on the number of the proposed
candidates to be hired plus fifty (50%) percent of the proposed number
of candidates to be hired. Those passing the background check are
eligible for the next phase.
|
|
(h)
|
The review committee selected candidates shall undergo a medical
and psychological examination, which shall be conducted by a licensed
physician and licensed psychologist select by and paid by the Township.
|
|
(i)
|
The applicant passing the aforesaid examinations may be selected
by the Mayor to fill Police Officer vacancies. The Mayor shall make
the final appointment from the list candidates interviewed utilizing
the "Rule of Three."
|
|
(j)
|
New appointees selected by Option 2 will be required to attend
Police Academy and serve a one (1) year probationary period which
shall begin the first day of employment following graduation from
the Police Academy.
|
c. A list with the rankings of the candidates will be certified by the
Township Clerk. The list will be in force for two (2) years from the
date that it is certified and a new list shall be established within
ninety (90) days of the expiration of any list. The list shall not
be extended.
d. All applicants shall be charged a nonrefundable fee of fifty ($50.00)
dollars and any fees borne by Edison for criminal background checks,
fingerprinting and the like. An applicant who can establish to the
satisfaction of the Mayor that he or she is indigent will have the
fee waived.
Editor's Note: Subsection 2-29.4 was reserved by Ord. No. O.1865-2014.
Ord. No. O.2171-2022 repealed former Subsections 2-29.5 through
2-29.11. History includes Ord. No. O.1865-14 and Ord. No. O.1935-2016.
[Ord. No. O.1865-2014]
No person who has previously retired or resigned from the Edison
Division of police shall be reappointed in rank by the Director of
Public Safety without the prior approval of Mayor and the Township
Council.
[Ord. No. O.1865-2014]
The Division of Police shall on the request of any of the Township's
volunteer first aid squads or the Senior Outreach Service, conduct
a computerized criminal history check of perspective members from
the State Bureau of Investigation (SBI) in accordance with N.J.S.A.
53:1-20.6 and N.J.A.C. 13:59-1.1 et seq. All such criminal history
checks shall be used only for the purpose of the perspective membership
application and for no other purpose in accordance with N.J.A.C. 13:59-1.1
et seq.
[Ord. No. O.1865-2014]
Any Police Officer who pleads guilty, or is found guilty of
any indictable offense, in this or any other state; or of a disorderly
persons offense in this or any other state involving moral turpitude,
or enrolled in a diversionary program such as pre-trial intervention,
shall forfeit his/her position as a Police Officer upon entry of a
judgment of conviction or enrollment into a diversionary program.
[1999 Code § 2.96.490; Ord. No.
O.1809-2012; Ord. No. O.1818-2013]
a. Definitions. As used in this section:
FIREARM
Means a firearm as defined in N.J.S.A. 2C:39-1 and includes
an ammunition used in that firearm.
REPLACEMENT
Means the act of replacing the firearm assigned to a member
of the Township's Police Department with another firearm.
b. Except as provided in paragraphs c and d below, any firearm replaced
by the Edison Township Police Department shall be collected from the
member of the Police Division to which it was assigned and shall be
destroyed. The Edison Police Division shall not trade in or sell firearms
which are replaced for any purpose.
c. Paragraph b shall not apply to firearms that are sold or otherwise
conveyed by the Edison Police Division:
1. To another law enforcement agency in the State; or
2. Donated to a legitimate museum for historical purposes; or
3. To a licensed firearm dealer for the sole and exclusive purpose of
resale to a sworn officer of the Edison Police Department to whom
the weapon has been assigned.
d. Any firearm donated to a museum pursuant to this section shall be
rendered inoperable.
e. Replaced firearms shall, within a reasonable period, be destroyed
in a manner that shall render them permanently unusable as firearms.
A record shall be made and retained by the Police Division of the
make, model, serial number and year and manufacturer of the individual
firearms in each batch of replaced firearms that is destroyed and/or
sold or otherwise conveyed by the Edison Police Division as permitted
in paragraphs c and d above.
[Ord. No. O.2029-2018]
a. The Chief of Police or his designee, at his discretion, may assign
members of the Department not on regular duty and who may volunteer
for police extra duty employment.
b. While on extra duty employment, the members of the Department shall
be subject to all provisions of Police rules, regulations and directives.
For cause, the Chief of Police or his designee may revoke or suspend
this privilege at his discretion.
c. The Chief of Police may contract the services of a third party Management
Company to manage extra duty employment through Council Resolution.
At any time when a third party is not in contract with the Township
to manage extra duty employment, the Chief of Police or his designee
shall manage extra duty employment directly.
d. Any activity, construction or event, by vendors that divert or interrupt
motor vehicle or pedestrian traffic flow or may expose the public
to the risk of injury on any roadway within Edison Township, primarily
patrolled by the Edison Police Department, shall require the services
of off-duty Edison Township police officer(s).
1. Flagmen will not be permitted unless they are NJ State or County
employees certified in the practice of traffic direction.
2. Limited access highways or other roadways where the Edison Police
Department does not have primary responsibility, such as Hwy. 287
or the NJ Turnpike, are excluded from this clause.
e. The Chief of Police retains the right to hire any outside agency
personnel to supplement Extra Duty Employment during any exigent circumstance
or large-scale event.
f. The Chief of Police or his designee may deny any extra duty employment
which he deems unsafe, or that which may jeopardize the proper and
efficient operations of the Department.
g. Procedure with Third Party Management Company. Extra Duty Clients
contracting for extra duty employment shall contact the Management
Company at least two weeks prior to the job/function, enter into contract
with the Management Company, and abide by all stipulations set forth
by said contract.
1. Extra Duty Clients enter into agreement with the third party Management
Company. All scheduling or requests for officers to work extra duty
are handled by the Management Company. Extra Duty Clients make requests
directly with the Management Company via web portal access or live
telephone support.
2. The Management Company directly invoices Extra Duty Clients (additional
financing/late fees may apply).
3. All aspects of the contract between Extra Duty Clients and the Management
Company are governed by the Township contract award and resolution
to include practices and expenses as defined in the included Fee Schedule.
h. Officers Assigned by Fair Rotation and Limited in Hours.
1. All extra duty employment shall be assigned by the Management Company
on a fair rotating basis utilizing a web portal and software to receive
job bids from officers and assign work according to the defined algorithm.
(a)
The rotation list shall be ordered and sorted by four-digit
police identification (ID) numbers; lowest to highest number. The
rotation list shall be composed of all participating sworn members
exclusive of rank.
2. If any job is not filled after the rotation and assignment procedure
due to lack of interest from officers, it will remain available in
the web portal on a first-come first-assign basis.
3. Neither the Township nor the Chief of Police have any obligation
to provide Extra Duty Officers. While Extra Duty Clients may request
off duty officers for jobs, the jobs might not be staffed if officers
decline to work or bid on such jobs, or in the instance where the
Chief of Police denies such work.
4. Extra Duty Clients shall not be entitled to select individual officers
nor limit the pool of officers who may bid on a job. Jobs are assigned
by the Management Company based on a fair rotational algorithm.
5. Fair Rotational Algorithm shall be based on a monetary point system,
reset once each year on January 1st. For all jobs bid, the officer
with the lowest total points for the calendar year shall be awarded
the job. Where there is a tie in points, the officer with the lower
ID number shall be awarded the detail.
(a)
The Chief of Police or his designee may designate certain critical
details where the points generated from the detail do not accrue in
the officers' annual monetary point tally.
(1)
Example: Municipal Court will not count towards the annual monetary
point tally, which should serve to encourage full staffing for this
critical detail.
6. No officer may work or be reimbursed for more than 40 hours extra
duty during any Township payroll period (Thursdays — Wednesdays).
i. Fee Schedule.
1. Security Work. The rate of pay for extra duty employment, excluding
traffic services, shall be $50 per hour.
2. Traffic Services. The rate of pay for extra duty employment traffic
services or "road jobs," is:
(a)
$80 per hour from 6 a.m. to 6 p.m.
(b)
$90 per hour from 6 p.m. to 6 a.m.
3. Additional Fees and Expenses.
(a)
Emergency Fee - $5 Per Hour: All extra duty employment shall
be scheduled more than two (2) hours prior to the start of the work.
If the Extra Duty Client requests work less than two (2) hours before
the start of said work, it shall be deemed "emergency" and a $5 per
hour fee shall be added onto the pay rate.
(b)
Township Fee - 10% Per Hour: A 10% administrative fee will be
added to the pay rate, excluding the Vehicle Fee, billed by the Management
Company and paid to the Township.
(c)
Management Fee - 7.75% Per Hour: A 7.75% management fee will
be added to the pay rate, excluding the Vehicle Fee, billed and retained
by the Management Company for their services.
(d)
Vehicle Fee - $10 Per Hour: Any extra duty employment that requires
the use of a Township police vehicle shall have a $10 per hour fee
added for the use of the vehicle for all billable hours, billed by
the Management Company and paid to the Township.
4. Special Law Enforcement Officer III.
(a)
In accordance with State legislation and shared services agreement
between the Council and Board of Education, Special Law Enforcement
Officers III's ("SLEO III") may be employed by the Department and
assigned to work in the Township schools.
(1)
SLEO III are restricted to working in the schools as described
by State legislation, and may not engage in Extra Duty employment,
which is otherwise reserved for Edison Police Officers.
(2)
Conversely, Edison Police Officers may work in the schools when
there are not enough SLEO III to cover all shifts offered; and only
upon the sole determination of the Board of Education to hire Police
Officers, which shall be at the Security Rate of $50 per hour.
(b)
SLEO III shall earn $32 per hour, or as otherwise set by the
then current shared services agreement adopted by Council.
(c)
Management Fee - 7.75% Per Hour. The scheduling function for
SLEO III may be outsourced. At such time, a 7.75% management fee will
be charged to the Board of Education and retained by the Management
Company for their services.
j. Minimum Hours of Compensation.
1. The minimum compensation will be for four (4) hours at the applicable
rate, excluding Board of Education jobs.
(a)
Security Work. Shall be hour for hour past four (4) hours.
(b)
Traffic Services. If the work is more than four (4), hours but
less than eight (8) hours, the officer will be compensated for eight
(8) hours as billable hours. After eight (8) hours, Traffic Services
will be hour for hour past eight (8).
(c)
Hour for Hour. Shall be broken down into quarter hour segments
with the billable be hour rounded up to the next quarter hour.
2. If Extra Duty Client must cancel said services, the Extra Duty Client
shall be required to give notice at least four (4) hours prior to
the start for traffic control and at least eight (8) hours for all
other services. A four (4) hour minimum charge will be levied for
failure to adhere to the above cancellation policy.
3. If after an officer arrives at an assignment for extra duty work/police
special services and all or part of that work is cancelled, the contracting
party shall pay a minimum charge of four (4) hours.
4. Board of Education Exception. The minimum compensation for Board
of Education (BOE) jobs will be three (3) hours at the applicable
rate.
(a)
For calculation purposes, if a BOE job exceeds three (3) hours,
it will be rounded to four (4) hours. After four (4) hours, time will
round to the next quarter hour.
k. Recording Hours Worked.
1. Officers will clock in with the Management Company as described by
the Management Company (Application, Computer, Phone).
2. Clocking in shall begin when the officer arrives at the scene, or
job site location, for all extra duty employment, or the specified
start time, whichever is later.
(a)
Emergency Road Job Exception. Only for emergency Traffic Services,
"road jobs," officer clock in time begins when they report to the
Watch Commander to draw a vehicle. In these instances, the officer
shall report directly to the emergency road job without delay.
3. Officers, consistent with Police Department directives will also
notify Edison Dispatch when they arrive and depart from the job, providing
details of such job so that it can be entered into the Police Computer
Aided Dispatch (CAD) system.
4. In the case where an Extra Duty Client provides a timesheet at the
work site, the officer will forward the timesheet copy to the Management
Company through the Records Bureau.
l. Officer Cancellations — Give Back. In any instance where an
officer cancels an awarded job, the officer shall contact the Management
Company and give the job back for reassignment by the Management Company.
[1999 Code § 2.20.210; Ord. No.
O.1665-2008§ I]
a. The Division of Fire, Rescue and Emergency Services (hereinafter the "Division") shall consist of the personnel set forth in this subsection
2-33.1 and in subsection
2-33.2 and shall include (i) the following five (5) fire volunteer companies (hereinafter referred to as the "Volunteer Fire Companies"): Raritan Engine Company #1, Raritan Engine Company No. 2, Edison Volunteer Fire Company No. 2, H.K. Volunteer Fire Company No. 1, and Oak Tree Volunteer Fire Company, (ii) any and all paid firefighters, (iii) fire officers, and (iv) Emergency Medical Technicians of the Township.
b. The Chief shall be the head of the Division and shall be appointed
by the Director of Public Safety. The Chief of the Division shall
be the executive head of the Division and shall be in charge thereof.
The Chief shall report to and be under the supervision of the Director
of Public Safety.
c. The Deputy Chiefs of the Division shall be appointed by the Director
of Public Safety. Deputy Chiefs shall be second in command. The Deputy
Chiefs shall report to and be under the supervision of the Chief of
the Division. A Deputy Chief designated by the Chief of the Division
shall perform the duties of the Chief of the Division in the Chief's
absence.
d. There shall be two (2) Volunteer Deputy Chiefs of the Division who
shall be appointed by the Mayor with the assistance of the Director
of Public Safety and in consultation with the Fire Chief’s Association.
Volunteer Deputy Chiefs shall have operational oversight and coordination
of the Volunteer Fire Companies. Volunteer Deputy Chiefs shall report
to and be under the supervision of the Chief of the Division.
[Amended 4-27-2022 by Ord. No. O.2142-2022]
e. There shall be one (1) Chief Fire Inspector who shall administer
the Office of the Fire Prevention Bureau.
f. There shall be a Division Officer assigned to the Training Bureau
who shall administer the Training Bureau.
g. There shall be a Division Officer assigned to the Emergency Medical
Services (the "EMS") Bureau who shall administer the EMS Bureau.
[1999 Code § 2.20.220; Ord. No.
O.1665-2008§ II]
a. Full-Time/Paid Branch. The full-time/paid branch of the Division
shall consist of the Chief and such number of Deputy Chiefs, Battalion
Chiefs, Captains, Firefighters, Chief Fire Inspector, Fire Inspectors,
Emergency Medical Technician Supervisor and Emergency Medical Technicians
as shall be determined and appointed by the Director of Public Safety
from time to time.
The actual complement of members of the full-time/paid branch
of the Division shall be determined by the Mayor with the assistance
of the Director of Public Safety and in consultation with the Fire
Chief’s Association, all of whom shall act and be known as firefighters
and emergency medical technicians of the Township.
[Amended 4-27-2022 by Ord. No. O.2142-2022]
b. Volunteer Branch. There shall be a volunteer branch within the Division.
The personnel of the Volunteer Fire Companies will be consistent with
the bylaws of each of the Volunteer Fire Companies.
The volunteer officers shall serve under the supervision of
the Chief and Deputy Chiefs of the Division and shall be responsible
for the strict enforcement of all laws, ordinances, rules and regulations
relating to the Division.
The actual complement of Volunteer Fire Company Officers shall
be determined by the bylaws of each of said Volunteer Fire Companies.
c. Chain of Command of Full-Time/Paid and Volunteer Branches. In order
to promote and advance the efficient operations of the Division, the
Chief shall, by general order, establish a chain of command for the
Division.
[1999 Code § 2.20.230]
The Division of Fire shall provide protection against loss of
life and property by fire or disaster. To this end it shall:
a. Maintain and operate firehouses and fire-fighting equipment;
b. Administer a Fire Prevention Bureau;
c. Inspect buildings and other fire risks within the Township;
d. Enforce all general laws, ordinances and fire regulations as authorized
or required thereby;
e. Maintain its equipment and fire department quarters;
f. Cooperate with other departments in time of need or emergency.
Editor's Note: Former subsection 2-33.4, Fire Precincts, previously
codified herein and containing portions of 1999 Code § 2.20.240,
was appealed in its entirety by Ordinance No. O.1665-2008.
[1999 Code § 2.20.250; Ord. No.
O.1748-2010; Ord. No. O-1800-2012]
a. All appointments to the Edison Fire Division shall be made pursuant
to N.J.S.A. 40A:14-44, N.J.S.A. 40A:14-81.2 and/or as otherwise required
by the Township Code for the hiring of new employees, this section
or at law. Each applicant shall have the qualifications as required
by N.J.S.A. 40A:14-44, N.J.S.A. 40A:14-81.2 and/or as otherwise required
by the Township Code for the hiring of new employees, this section
or at law, and in addition:
1. All appointments to the Edison Fire Division shall be made from the
members of the volunteer fire company(s) or force, who shall have
served as an active fireman or at least two (2) years prior to such
appointment, or be an exempt firefighter of Edison Township and if
no such member or exempt fireman is available for such appointment,
any qualified person may be appointed. The determination of whether
a member of the volunteer fire company(s) or force "has served as
an active fireman for at least two (2) years prior to such appointment"
shall be made by the Chief of the Fire Division, based upon a written
policy issued by the Chief of the Fire Division which shall be applicable
to all the members of the volunteer fire company(s) or force.
2. All appointees shall not be under twenty-one (21) or over forty (40)
years of age at the time of the appointment.
3. All appointees must be a citizen of the United States.
4. All appointees shall be eligible for acceptance in the Public Employees'
Retirement System of New Jersey or in the Police and Fireman's Retirement
System of New Jersey.
5. All appointees shall be able to read, write, speak and comprehend
the English language well and intelligently.
6. All appointees shall be of good moral character.
7. All appointees shall never have been convicted of any criminal offense
involving moral turpitude, an offense involving dishonesty, or a crime
of the third degree or above.
8. All appointees shall have a high school diploma or general equivalency
diploma.
9. All appointees must be able to pass physical agility test.
10. All appointees should be medically fit and sound, exhibiting no physical
impairment which would render the applicant incapable of performing
the duties of a firefighter. Applicant must have normal hearing, be
able to distinguish colors accurately and have 20/30 corrected vision.
11. All appointees must pass the prescribed examinations of physical
agility, written, oral, medical and psychology.
12. All appointees must possess a valid New Jersey Motor Vehicle Commission
driver's license at the time of appointment.
Should any provision of this section conflict with the Township
Code for the hiring of new employees or other requirements of the
law, the more stringent provision shall prevail unless contrary to
or prohibited by law.
b. All applicants shall consent to and pass the background investigations
required by N.J.S.A. 40A:14-81.2 and/or as otherwise required by the
Township Code for the hiring of new employees, this Section or at
law, the following background investigations:
2. State Police record check;
3. Local Police record check;
5. Credit bureau record check;
7. Past/current employment record check;
8. Interviews of family, friends, neighbors and acquaintances, employers
(past and present), teachers, clergy, co-workers, law enforcement
personnel and any other person who may know the applicant;
10. Medical/physical history and evaluation, and psychological history
and evaluation, including present and past injuries and history of
sick days taken during periods of employment;
11. Personal habits including, but not limited to, social habits and
possible substance abuse;
12. Any other area that might affect the applicant's performance as a
member of the Division.
Should any provision of this section conflict with the Township
Code for the hiring of new employees or other requirements of the
law, the more stringent provision shall prevail unless contrary to
or prohibited by law.
c. Each applicant shall possess a general knowledge of the organization
and duties required by the Division and have the ability to perform
the following duties either as an individual or as a group:
1. Forcible Entry: Have a knowledge of the tools and be able to make
entry to an occupancy with the proper tool in a reasonable amount
of time.
2. S.C.B.A.: Shall be physically, medically and mentally capable to
don S.C.B.A. in prescribed time and perform firefighting duties with
full turnout gear.
3. First Aid: Shall be able to perform EMS duties as prescribed by the
division, to an appropriate level of training and gain and maintain
certification as determined by the Division.
4. Ropes: Shall have a knowledge of Division rope, equipment, knots
and care of same.
5. Salvage: Shall know proper equipment to utilize and under proper
conditions to protect personal property.
6. Hose, Nozzles, Appliances: Shall have basic understanding of the
use, choice, maintenance, testing and repair and perform basic evolutions
on the fire ground in advancing hose lines.
7. Ladders: Shall be able to choose, place, maintain, ascend and descend
the appropriate ladder.
8. Ventilation: Shall be aware of situations and methods of ventilation
used by the Division and perform such functions.
9. Inspection: Shall possess a common knowledge of hazardous conditions
related to various occupancies and perform public presentations.
10. Rescue: Shall be able to use safe and proper procedures to effect
a rescue of a victim in various situations.
11. Sprinklers: Shall possess a basic knowledge in the types, parts,
use and pumper operation.
12. Safety: Shall have the utmost concern for safe Fire Division operations
on the fire ground, in station, driving and be able to identify such
conditions and remedy.
13. Fire Behavior: Shall have a basic knowledge of fire chemistry, behavior
and dynamics.
14. Personal Conduct: Shall be able to work with others, superior officers,
take and perform orders and function in a team effort.
d. Notification.
1. The hiring process will begin by a notification to all Edison volunteers
through notices posted in all Edison fire stations and notification
in the public newspapers stating that the Division of Fire is establishing
a list and hiring entry level firefighters. The notification will
list qualifications required, duties, responsibilities, entry level
salary and basic employment benefits.
2. There will be a nonrefundable fifty ($50.00) dollar application fee
charged each candidate. Any candidate who can establish to the satisfaction
of the Director of Public Safety that he or she is indigent will have
the fee waived.
e. Background Check.
1. Each applicant shall submit to the background checks as required by subsection
2-33.5b and applicant shall pay the costs of the background checks as required by N.J.S.A. 40A:14-18.2(b). The background check will be performed after the applicant has taken and passed the written examination, course examination and oral board but before the List is created.
2. The following areas are set forth to list the reasons for which an
applicant might fail this phase of the criteria:
(a)
Conviction of a crime of the third degree or higher;
(b)
Conviction of any crime involving arson;
(c)
Falsification of any pre-employment information;
(d)
Applicant does not possess a valid New Jersey driver's license,
or negative results which would affect or call into question the applicant's
ability to fulfill the job responsibilities;
(e)
Applicant is not a high school graduate or equivalent;
(f)
Applicant, in the opinion of the Director of Public Safety,
is not of a high moral character based on the results of interviews
and investigations;
(h)
Negative medical/physical history and/or evaluation which would
affect or call into question the applicant's ability to fulfill the
job responsibilities;
(i)
Negative psychological history and/or evaluation which would
affect or call into question the applicant's ability to fulfill the
job responsibilities;
(j)
Failure of the applicant to cooperate with background investigations
including but not limited to not providing consent to such searches,
sign required waivers and/or releases, not appearing for medical evaluation
and/or psychological evaluation, and/or pay the costs of the background
checks as required by N.J.S.A. 40A:14-18.2(b).
f. Testing Procedures.
1. All applicants for the position of firefighter will be administered
the following tests which will be weighted as indicated:
(a)
Written examination (weighted one-third (1/3)). The written
test will be administered by a company, organization or agency that
is in the regular business of supplying the fire service with entry
level written validated examinations.
(1)
A minimum score of seventy (70%) percent must be attained on
the written examination in order to qualify for the remainder of the
testing.
(b)
Final oral board (weighted one-third (1/3)).
(1)
This board, which will consist of seven (7) members, will be
chosen from well respected members, past and present, of the fire
service community, on either a local or State level. Four (4) members
of the board will be selected by the Director of Public Safety, and
three (3) members will be selected by the Township Council.
(2)
This board will prepare a series of questions to be posed to
each applicant. The board members will be permitted to ask questions
concerning the fire service and problems and qualities that may be
encountered by or desired in fire service personnel.
(3)
Each applicant will be scored by each member of the board in
numerical format.
(c)
Physical performance examination (weighted one-third (1/3)).
The applicant, given the proper equipment, will complete the prescribed
course in the allotted time. Medical vital signs will be taken before
and after the test by members of the training bureau. The test will
be in two (2) sections, the first being the course examination and
the second being the height ability examination. The two (2) sections
have a maximum score of one hundred (100) points.
(1)
Course Examination.
(i)
The examination is designed to test the degree of the candidate's
physical ability. Emphasis is placed on agility, speed and most importantly,
endurance.
(ii) The candidate will wear full turnout gear, turnout
coat, boots or bunkers, helmet, hood and gloves for Station No. 1
through Station No. 5; breathing apparatus will be added for Stations
No. 6 through No. 9.
(iii) The candidate will stand in front of the ladder
at Station No. 1. When given the command "GO" by the examiner, he
or she will raise the ladder to the roof. He or she will proceed up
the ladder to the roof, touch the top of the parapet and proceed down
the ladder. The candidate will then pick up a fifty (50) foot rolled
up length of hose at Station No. 2 and proceed to carry it to Station
No. 3 and lay it down beside the engine. The candidate will then proceed
to the rear of the engine and gather the necessary tools to make a
hook-up of fifty (50) feet of three-inch hose to the hydrant at Station
No. 4. A hydrant gate will be hooked up to the other port on the hydrant.
The candidate will turn the hydrant on fully. The candidate will return
to the engine at Station No. 5 and don a breathing apparatus. From
the rear of the engine at Station No. 6, he will stretch a two hundred
(200) foot one and three-fourths (1 3/4) inch pre-connect line
through the door at Station No. 7 and up the stairs to Station No.
8. At Station No. 8, the candidate will drop the nozzle and drag a
weighted dummy from Station No. 8 to Station No. 9, which is the finish.
(iv) Height Ability Examination. The candidate will
be able to climb the one hundred (100) foot aerial ladder at full
extension and at a sixty (60) degree angle to the top of the ladder
and return to the table/base of the aerial ladder.
(v)
Scoring. Scoring of the candidate on the Course Examination
and Height Ability Examination will be as follows:
|
Points
|
Time
|
---|
Course
|
80
|
Below 3:15
|
|
70
|
3:16--3:30
|
|
60
|
3:31--3:45
|
|
50
|
3:46--4:00
|
|
40
|
4:01--4:15
|
|
30
|
4:16--4:30
|
|
20
|
4:31--4:45
|
|
10
|
4:46--5:00
|
Height
|
20
|
No time limit, but must complete.
|
g. Ranking of Applicants, List and Appointments.
1. Ranking. After completion of all phases of the testing (including
the results of background investigations, but not including the results
of the medical/physical and psychological evaluations), each applicant
will be placed in the appropriate class as defined in N.J.S.A. 40A:14-10.1a.
Class I: will consist of all successful applicants residing
in Edison Township;
Class II: will consist of all successful applicants residing
in Middlesex County;
Class III: will consist of all successful applicants residing
in other counties within New Jersey;
Class IV: will consist of all other qualified applicants.
2. List of qualified Entry Level Firefighters. The
list will be in effect for two (2) years from the date of completion
of the testing procedure. Applicants will be hired from this list,
based on their ranking, subject to the appointment procedure below.
3. Appointment.
(a)
At the time of appointment all applicants must continue to be
qualified for appointment to the Edison Division of Fire as required
by this section and must continue to be a resident of their residency
Class as provided above. Additionally, background checks and other
related investigations of applicants will be performed again if it
has been more than six (6) months since they were performed to create
the List, and may be performed again if less than six (6) months has
elapsed. Applicants may be disqualified, reduced in residency Class
and/or ranking as a result of said background checks and investigations.
(b)
After the results of paragraph (a) above are received and the
List is re-ranked, applicants from Class I, in order of their ranking
will be sent for medical/physical/psychological evaluations. In the
event that an applicant fails to satisfactorily pass any of the medical/physical/psychological
evaluations, the next ranking applicant from the List will be sent
for these tests. If there are no applicants remaining from Class I,
the ranking applicant from Class II will be sent. This procedure will
be repeated through Class III and Class IV until the last ranking
applicant in Class IV has been sent.
[1999 Code § 2.20.260; Ord. No.
O.1998-2018]
a. Criteria for Promotion to Captain shall be made pursuant to the following
examination criteria, which shall consist of one hundred (100) total
points:
1. Qualifications. A candidate must have completed a minimum of ten
(10) years of active service as a full-time Division fire fighter
on the date of the written examination with certifications or licenses
from an accredited agency in:
(a)
Instructor Level 1 — as issued by DCA
(b)
Drill Ground Instructor — as issued by DCA
(c)
Incident Management Systems - Level 1 Certification issued by
DCA
(d)
Incident Safety Officer — as issued by DCA
Note: Equivalent educational certificates in the above areas
must be approved by the Chief of the Division of Fire.
2. Written examination.
(a)
Written examination will be prepared, administered and graded
by an appropriate outside testing service. The scoring for these examinations
will be from zero to one hundred (100). Only those candidates who
achieve a score of seventy-five (75%) percent or higher will be allowed
to move to the next phase.
(b)
Study guides will be made available prior to the examination.
(c)
The written test shall constitute sixty (60%) percent of the
fire fighter's score.
(d)
The testing agency shall place the names and grades of the passing
candidates into a sealed envelope and placed with the Township Administrator.
At the end of the process, the Township Administrator shall submit
the sealed envelope to the Chief of Fire.
3. Oral Test. The oral test shall constitute thirty (30%) percent of
the fire fighter's score and shall be conducted by the Oral board.
The board shall include the Director of Public Safety or their designee,
Chief of Fire, Deputy Chief and two Senior Battalion Chiefs; one selected
by the Director of Public Safety and one selected by the Chief of
Fire. The Director of Public Safety may assign one additional designee
in the event one (1) of the aforementioned positions is vacant. Candidates
shall be interviewed as to their knowledge of Edison Division of Fire
Standard Operating Procedures, Incident Command System, equipment
and practices, knowledge of Division of Fire stations, response areas,
fire ground operations and safety, building construction, Uniform
Fire Code and Emergency Scene Strategy and Tactics. The board shall
not discuss their evaluations with other board members. The Chief
of Fire and Director of Public Safety or their designee shall remove
the highest and lowest scores of each candidate and average the remaining
scores.
4. Veterans. Anyone who 1) is a veteran as defined in N.J.S.A. 11A:5-1(b);
2) who has a minimum of two (2) years' service; and 3) has been honorably
discharged, shall receive 1 point for said service.
5. College Credit. Anyone who possess an Associates' degree or higher
in the Fire Sciences Field, shall receive 0.5 points.
6. Seniority. Points will be given for fully completed years of service
on the Edison Fire Department as of the announced closing date for
eligibility to take the written test as follows:
Years
|
Points
|
---|
10-12
|
0.5
|
13-14
|
1.0
|
14-15
|
1.5
|
16-17
|
2.0
|
18-19
|
2.5
|
20+
|
3.0
|
7. Disciplinary History.
(a)
If a candidate has no disciplinary history in the five (5) years
prior to the date of the of the written exam, said candidate shall
receive five and one-half (5.5) points.
(b)
If a candidate has two (2) written reprimands or three (3) suspension
days or less, in the five (5) years prior to the date of the written
exam, said candidate shall receive two and one-half (2.5) points.
If a candidate has a combination of two (2) written reprimands and
one (1) or more suspension days, the candidate will receive zero (0)
points.
(c)
If a candidate has one (1) discipline of four (4) suspension
days or more; more than three (3) written reprimands; or a demotion
in rank in the five (5) years prior to the date of the written exam,
said candidate shall receive zero (0) points.
8. Compiling the Ranking List of Candidates.
(a)
The Chief of Fire shall obtain from the Township Administrator
the sealed envelope which contains the results of the written test.
(b)
The Chief of Fire and the Director of Public Safety or their
designee shall compute the scores and issue the list of rankings.
(c)
The Chief of Fire shall maintain the scores and all evaluation
sheets until the next promotional test is conducted.
9. Appointment to Position.
(a)
Vacancies shall be filled utilizing the "Rule of Three." Should
the scoring result in a tie in any position but the first rank, the
list shall be expanded to include all those candidates eligible in
those positions. If there is a tie in the number one (1) position,
all of those candidates will be included on the list; however, if
there is also a tie in a lower rank necessary to establish the "Rule
of Three," all said candidates will be included to establish the "Rule
of Three."
(b)
A review committee designated by the Mayor, which shall include
at least the Chief of Fire, shall review the list compromising the
candidates contained in the "Rule of Three" and issue recommendations
to the Mayor.
(c)
The Mayor shall appoint the candidate pursuant to the "Rule
of Three."
10. Duration of List of Candidates.
(a)
Upon the completion of the ranking of candidates, the list will
be certified by the Township Clerk.
(b)
The list will be in force for two (2) years from the date it
is certified, and a new list shall be established within ninety (90)
days of the expiration of any list. The list shall not be extended.
11. Miscellaneous.
(a)
Violation of any Edison Fire Department rules and regulations,
departmental policy and procedure or violation of any State or Federal
statute occurring after the list is certified may result in the candidate
being removed from the promotional list or having his or her position
lowered on the list. If a candidate is lowered on the list, the procedure
utilized shall be consistent with paragraph 7 of this subsection.
(b)
The removal of a candidate, pursuant to paragraph 11a of this
subsection will be at the ultimate discretion of the Mayor.
b. Criteria for Promotion to Battalion Chief shall be made pursuant
to the following examination criteria, which shall consist of one
hundred (100) total points:
1. Qualifications. A candidate must have completed a minimum of two
(2) years of active service as a full-time Division Fire Captain on
the date of the written examination with certifications or licenses
from an accredited agency in:
(a)
Incident Management Systems — Level 2 Certification issued
by DCA
(b)
Level 2 Fire Instructor — as issued by DCA
(c)
Certified NJ Uniform Fire Code Inspector — as issued by
DCA
Note: Equivalent educational certificates in the above areas
must be approved by the Chief of the Division of Fire.
2. Written examination.
(a)
Written examination will be prepared, administered and graded
by an appropriate outside testing service. The scoring for these examinations
will be from zero to one hundred (100). Only those candidates who
achieve a score of seventy-five (75%) percent or higher will be allowed
to move to the next phase.
(b)
Study guides will be made available prior to the examination.
(c)
The written test shall constitute forty-five (45%) percent of
the fire fighter's score.
(d)
The testing agency shall place the names and grades of the passing
candidates into a sealed envelope and placed with the Township Administrator.
At the end of the process, the Township Administrator shall submit
the sealed envelope to the Chief of Fire.
3. Oral Test. The oral test shall constitute forty-five (45%) percent
of the fire fighter's score and shall be conducted by the Oral board.
The board shall include the Director of Public Safety or their designee,
Chief of Fire, Deputy Chief and two Senior Battalion Chiefs; one selected
by the Director of Public Safety and one selected by the Chief of
Fire. The Director of Public Safety may assign one additional designee
in the event one (1) of the aforementioned positions is vacant. Candidates
shall be interviewed as to their knowledge of Edison Division of Fire
Standard Operating Procedures, Incident Command System, equipment
and practices, knowledge of Division of Fire stations, response areas,
fire ground operations and safety, building construction, Uniform
Fire Code and Emergency Scene Strategy and Tactics. The board shall
not discuss their evaluations with other board members. The Chief
of Fire and Director of Public Safety or their designee shall remove
the highest and lowest scores of each candidate and average the remaining
scores.
4. The final score shall consist of the written examination score forty-five
(45%) percent and the oral examination score forty-five (45%) percent.
Candidates will receive one-half (0.5) point for each full year of
time in grade as a permanent Captain in the Edison Fire Department
to a maximum of five (5) points.
5. Disciplinary History.
(a)
If a candidate has no disciplinary history in the five (5) years
prior to the date of the written exam, said candidate shall receive
five (5) points.
(b)
If a candidate has two (2) written reprimands or three (3) suspension
days or less in the five (5) years prior to the date of the written
exam, said candidate shall receive two and one-half (2.5) points.
If a candidate has a combination of two (2) written reprimands and
one (1) or more suspension days, the candidate will receive zero (0)
points.
(c)
If a candidate has one (1) discipline of four (4) suspension
days or more; more than three (3) written reprimands; or a demotion
in rank in the five (5) years prior to the date of the written exam,
said candidate shall receive zero (0) points.
6. Compiling the Ranking List of Candidates.
(a)
The Chief of Fire shall obtain from the Township Administrator
the sealed envelope which contains the results of the written test.
(b)
The Chief of Fire and the Director of Public Safety or their
designee shall compute the scores and issue the list of rankings.
(c)
The Chief of Fire shall maintain the scores and all evaluation
sheets until the next promotional test is conducted.
7. Appointment to Position.
(a)
Vacancies shall be filled utilizing the "Rule of Three." Should
the scoring result in a tie in any position but the first rank, the
list shall be expanded to include all those candidates eligible in
those positions. If there is a tie in the number one (1) position,
all of those candidates will be included on the list; however, if
there is also a tie in a lower rank necessary to establish the "Rule
of Three," all said candidates will be included to establish the "Rule
of Three."
(b)
A review committee designated by the Mayor, which shall include
at least the Chief of Fire, shall review the list compromising the
candidates contained in the "Rule of Three" and issue recommendations
to the Mayor.
(c)
The Mayor shall appoint the candidate pursuant to the "Rule
of Three."
8. Duration of List of Candidates.
(a)
Upon the completion of the ranking of candidates, the list will
be certified by the Township Clerk.
(b)
The list will be in force for two (2) years from the date it
is certified, and a new list shall be established within ninety (90)
days of the expiration of any list. The list shall not be extended.
9. Miscellaneous.
(a)
Violation of any Edison Fire Department rules and regulations,
departmental policy and procedure or violation of any State or Federal
statute occurring after the list is certified may result in the candidate
being removed from the promotional list or having his or her position
lowered on the list. If a candidate is lowered on the list, the procedure
utilized shall be consistent with paragraph 5 of this subsection.
(b)
The removal of a candidate, pursuant to paragraph 9a of this
subsection will be at the ultimate discretion of the Mayor.
c. Criteria for Promotion to Deputy Chief of Fire
1. Any individual, fire fighter or candidate to be promoted to the position
of Deputy Chief of Fire shall have served in the position of Battalion
Chief for a period of at least two (2) years or Captain for a period
of at least three (3) years in a permanent capacity in the Edison
Fire Department. In lieu of the aforementioned service credit in each
rank, a candidate may have a combined amount of service credit in
the ranks of Captain and Battalion Chief, totaling three (3) years,
to be eligible for promotion to the position of Deputy Chief of Fire.
In addition to the service credit, a candidate must have all certifications
required of a Battalion Chief as well possess the Incident Management
Level 3 Certification from DCA to be eligible for promotion to the
position of Deputy Chief of Fire.
2. The Chief of Fire shall give his written recommendations to the Mayor.
3. The Mayor shall select the Deputy Chief of Fire.
d. Criteria for Promotion to Chief of Fire
1. Any individual, fire fighter or candidate to be promoted to the position
of Chief of Fire shall have served in the position of Deputy Chief
of Fire for a period of at least two (2) years or Battalion Chief
for a period of at least three (3) years in a permanent capacity in
the Edison Fire. In lieu of the aforementioned service credit in each
rank, a candidate may have a combined amount of service credit in
the ranks of Battalion Chief and Deputy Chief of Fire, totaling three
(3) years, to be eligible for promotion to the position of Chief of
Fire.
2. The Mayor shall select the Chief of Fire.
e. All promotional lists established by this section shall be posted
in a time and manner prescribed by appropriate collective bargaining
agreements.
[1999 Code § 2.20.280]
a. The New Jersey State Department of Health has issued licensure for
the Edison Division of Fire—Emergency Ambulance ["the Program"]
administered by the Edison Division of Fire, Township of Edison ["the
Division"]; and
b. The Program has been in operation providing experience and statistics
regarding the service and the patients served; and
c. The Division is applying for a "Provider Number" from the Federal
and State Medicare/Medicaid Programs, enabling the municipality to
institute Third Party Payment Plan [the "Payment Plan"]; and
d. Most residents have a health insurance plan or Medicare/Medicaid,
which provides payments to relieve their payment obligations; and
e. The Township shall not balance bill the deductibles and co-pays for
Edison residents including those covered by Medicare/Medicaid, nor
bill those Edison residents for payment obligations without insurance
coverage; and
f. It is in the best interest of the taxpayers of the municipality to
establish the Third Party Payment Plan in accordance with the Health
Care Finance Administration guide lines ["HCFA"] so that taxpayers
will not be responsible for any out of pocket expenses.
1. The Director of the Division (the "Director") and the Chief Financial
Officer of the Municipality (the CFO) in consultation with the Municipality's
EMS Program Consultant will be responsible for the Plan's billing.
2. The fee service is initially set as four hundred ($400.00) dollars.
Base rate, plus seven dollars and fifty ($7.50) cents per mile per
trip. Non-transports where aid is provided two hundred ($200.00) dollars.
3. The Director and the CFO shall annually review the Plan's cost accounting
records. The CFO shall obtain an industry average.
4. The Division is authorized to enter into contracts with various hospitals
that provide [ALS] services to the patients that are transported by
Edison Ambulance Service allowing the hospitals to bundle bill Medicare
for services rendered. The hospital will reimburse the municipality
for its transportation costs within forty-five (45) days of receiving
payment.
5. The Township may contract with the volunteer first aid squads to
provide 3rd party billing as established
in this section.
6. The CFO shall annually, no later than March 1, adjust the fees for
services as set forth in paragraph f2 herein pursuant to the recommendation
of the Director and the EMS Program Consultants.
7. A certified copy of this section shall be filed with the applicable
Federal and/or State agencies.
[1999 Code § 2.20.290; Ord. No.
O-1775-2011]
In accordance with the provisions of N.J.S.A. 40A:14-25 and
N.J.S.A. 40A:14-143, the Township Council, if they shall deem it necessary
for reasons of economy, may decrease the number of members and officers
of the Police or Fire Divisions or force or their grades or ranks.
In case of demotion from the higher ranks, the officers or members
to be so demoted shall be in the inverse order of their appointment.
When the service of members or officers is terminated, such termination
shall be in the inverse order of their appointment. Any member or
officer who is demoted or whose service is terminated by reason of
such decrease shall be placed on a special employment list, and in
the case of subsequent promotions, a person so demoted shall be reinstated
to his original rank and in the case of termination of service and
new appointment, first preference shall be given to persons on said
special employment list. The special employment list shall continue
indefinitely or until such officer is restored to his or her previous
rank or appointment.
[1999 Code § 2.24.010; New]
There shall be a Department of Finance, the head of which shall
be the Director of Finance. The Director shall, prior to his or her
appointment, be qualified by training or experience in governmental
finance and fiscal management. His or her compensation shall be such
sum, annually, as shall be fixed by ordinance. The Department of Finance,
under the supervision and direction of the Director, shall be organized
into five (5) divisions: Division of Accounts and Control, Division
of Custody and Disbursement, Division of Revenue, Division of Assessment
and Division of Real Estate.
[1999 Code § 2.24.020]
The Director of Finance shall be responsible for all financial
activities and functions of the Township government, other than those
activities and functions for which responsibility is vested in the
Business Administrator. He or she shall furnish a corporate surety
bond at the expense of the Township, for the faithful performance
of his or her duties, in such penal sum and in such form as shall
be approved by resolution of the Council. He or she shall have all
the functions, powers and duties relating to revenue and finance,
to the extent that such functions, powers and duties are not vested
in the Department of Administration. Through the divisions of the
Department and otherwise, the Director of Finance shall be responsible
for the accounting, preauditing and control of all Township revenues
and expenditures; for the custody, receipt and disbursement of all
Township funds; for the safety and investment of the Township's investments;
for the management of the Township debt; for the development of fiscal
policies for recommendation to the Mayor; and for safeguarding of
the Township's financial interest to the fullest extent.
[1999 Code § 2.24.030]
There is established the position of comptroller in the Department
of Finance who may be the Township's Chief Financial Officer. He or
she shall have those duties and responsibilities assigned to him or
her by the Director of Finance.
[1999 Code § 2.24.040]
The head of the Division of Accounts and Control shall be the
Supervisor of Accounts. He or she shall, prior to his or her appointment,
be qualified by training and experience in governmental accounting,
budget operation and controls and in systems and methods of financial
management. His or her compensation shall be such sum, annually, as
shall be fixed by ordinance.
[1999 Code § 2.24.050]
The Supervisor of Accounts, through the Division of Accounts
and Control, shall:
a. Maintain the central books of accounts of the Township according
to such forms, standards and procedures as shall be prescribed or
approved by the Director of Finance. Any and all Township Officials
shall, upon request of the Supervisor of Accounts, place at his or
her disposal all records, books, bonds, documents and papers which
he or she may deem necessary to aid him or her in his or her duty
of keeping such accounts;
b. Enforce a uniform system of accounts for all departments of the Township
prescribed by the Director of Finance;
c. Preaudit all payrolls, claims, and demands against the Township upon
certification by a department head that the amount is due and unpaid
according to the records and information of his or her department;
d. Require reports of receipts and disbursements from each department
of the Township to be made daily or at such intervals as will most
efficiently protect the Township's interest;
e. Maintain a central payroll system and all social security pension
and insurance records required for municipal personnel;
f. Control all expenditures to assure that budget appropriations are
not exceeded; pass upon each proposed expenditure in conformity with
the Charter and ordinances of the Township, and unless the Division
Head shall certify that there is an unencumbered balance of appropriation
available, no appropriation shall be encumbered and no commitment
or expenditure shall be made;
g. Keep records and books of accounts for the exercise of the foregoing
financial budgetary control over each department of the Township;
and keep such accounts as will show the amount of each appropriation,
the accumulative amount paid therefrom, and the unpaid obligations
and unencumbered balance thereof;
h. Prepare such statistical studies and reports as may be required by
other departments and the divisions and by the Mayor and Council.
[1999 Code § 2.24.060]
a. No department, office or agency of the Township shall expend or commit
any funds of the Township unless the Supervisor of Accounts, through
the Division of Accounts and Control, shall first certify that there
is an unencumbered balance of appropriation and funds available for
the purpose.
b. Prior to the payment of any bill, claim or demand against the Township,
a department head shall certify that the materials, supplies or equipment
have been received according to a purchase order system or that the
work, labor or services have been rendered according to order or contract.
c. Disbursements in the payment of bills, claims or demands shall be
made by the Director of Finance, after preaudit and warrant by him
or her. Every warrant shall be payable to the order of the person
entitled to receive it and shall specify the purpose for which it
is drawn and the account of appropriation to which it is chargeable.
Each warrant or check shall bear the signature of the Mayor and/or
the Director of Finance.
d. The Township Council shall approve or disapprove all claims after
it has reviewed the list of bills. In the event that the Township
Council questions a claim, supporting documentation shall be forwarded
by the administration.
[1999 Code § 2.24.070]
The head of the Division of Custody and Disbursement shall be
the Director of Finance. He or she shall, prior to his or her appointment,
be qualified by training and experience in municipal tax and revenue
administration. He or she shall:
a. Administer the work of the Division;
b. Have charge of receipt, custody, deposit and disbursement of all
funds belonging to or under the control of the Township or of any
department, office or agency of the municipality;
c. Disburse funds from the Township treasury only upon warrant of the
Supervisor of Accounts, approved by the Business Administrator;
d. Render regular accountings of his or her cash receipts and disbursements
in such form and at such intervals as he or she shall deem necessary
and as required by the Business Administrator.
[1999 Code § 2.24.080; Ord. No.
O.1794-2012§ 1]
a. The Division of Custody and Disbursement shall:
1. Deposit all funds received by the Division in such depositories as
may be designated by resolution of the Council. All moneys of the
Township not required for current operations shall be invested pursuant
to law or shall be deposited in interest-bearing accounts. All such
interest shall be accounted for in the Township books of account;
2. Have custody of all investments and invested funds of the Township
or in its possession in a fiduciary capacity, except as otherwise
provided by law, and have the safekeeping of all bonds and notes for
transfer, registration or exchange;
3. Receive and safely keep and disburse moneys received and raised for
public schools and keep separate accounts thereof;
4. Make disbursement of all Township funds upon warrant of the supervisor
of accounts by an individual warrant or check for each bill, claim,
wage, salary payment as approved by the Business Administrator or
the Township Council as required by law and/or the Township Code and
not otherwise;
5. Shall establish a system that requires all manual checks from one
($1.00) dollar to nineteen thousand nine hundred ninety-nine ($19,999.00)
dollars must have two (2) original signatures and all manual checks
if twenty thousand ($20,000.00) dollars or greater must have three
(3) original signatures, and if the check requires three (3) signatures
one must be the Mayor or in the absence of the Mayor the Business
Administrator, further, if the individual manual check is for a contract
and the total cost of the contract is twenty thousand ($20,000.00)
dollars or greater then any manual check must have three (3) signatures;
6. Shall ensure that all bills and encumbrances are posted within the
Township's accounting systems and that the same are reconciled within
ten (10) days of the end of each month and that a listing of the same
be provided to the Township Council;
7. Shall ensure that all revenues are posted within the Township's computerized
accounting system within ten (10) days of receipt and that monthly
report of the same be provided to the Township Council.
b. The Director of Finance shall keep a full and systematic account
of all cash receipts and disbursements by the Division of Custody
and Disbursements in proper books, as he or she deems necessary. He
or she shall, at least once every month and more often if the Council
requires, furnish the Council, through the Mayor, with a statement
of all moneys received and expended by him or her, including school
moneys, subsequent to his or her last report. He or she shall annually,
during the month of January, make a full report to the Council of
his or her receipts and expenditures during the preceding year, and
shall, whenever required, lay before the Council, for examination
or audit, all books, papers and vouchers pertaining to his or her
office.
[1999 Code § 2.24.090]
Within the Department of Finance there shall be a Division of Revenue, the head of which shall be the Collector of Revenue. The Collector of Revenue shall supervise the functions and personnel assigned to the Division. The Collector of Revenue shall cause to be deposited daily, to the credit of the Township, all moneys received, in one (1) or more depositories selected from banking institutions authorized by the Township; maintain full and complete records and accounts of all sums collected and received according to such procedures and systems as may be prescribed or approved by the Director of Finance; and make such periodic reports and accountings of the funds of the Township collected, received and deposited as may be required, which reports and accountings shall be filed as a public record with the Township Clerk. The activities stated in subsections
2-45.2 through
2-45.5 shall be assigned to the Division.
[1999 Code § 2.24.090A; New]
a. The Collector of Taxes shall be assigned to the Division and shall
perform the following duties:
1. Perform the functions of a Collector of Taxes under general law,
including, without limitation thereto, the preparation and mailing
of tax bills and the maintenance of tax accounting records in such
manner as may be prescribed or approved by the Director of Finance;
and assist the Division of Assessment in the preparation of the annual
tax list and duplicate;
2. Receive and collect all current and delinquent, real and personal
property taxes and charges; receive penalties and interest pursuant
to law; and account for all collection in such form and vouchers pertaining
to his or her office;
3. Make or cause to be made and certify searches for tax and other liens
on real property, as may be authorized by law, and charge and collect,
for the use of the municipality, the fee required pursuant to law
for any such search.
b. There shall be a Deputy Collector as authorized by N.J.S.A. 54:5-4,
who shall not only assist the collector, but, in the absence of the
collector, be authorized to perform and be responsible for the performance
of all duties and functions of the Collector.
c. The Tax Collector shall be certified as required by N.J.S.A. 40A:9-141
et seq.
[1999 Code § 2.24.090B]
The Collector of Utility Charges shall be assigned to the Division,
and the Division shall perform the following duties:
a. Compute and record water and sewer charges, if any, to consumer accounts
from meter readings and other information furnished by the Division
of Water Supply and the Division of Sewers of the Department of Public
Works, according to the rate duly established pursuant to the
Charter and ordinances;
b. Render bills for water, sewer and miscellaneous charges to consumers;
receive payments on account thereof; and collect delinquent accounts
and report the names of delinquent accounts which are more than six
(6) months past due to the Director of Finance;
c. Maintain books and records to record all charges, payments, credits
and delinquencies in water, sewer and miscellaneous accounts.
[1999 Code § 2.24.090C]
a. Licenses and Permits Issuance. The issuance of licenses and permits
shall be assigned to the Division, and the Division shall perform
the following duties:
1. The Division shall receive applications and payments for all licenses
and permits, provided that the Business Administrator may direct specific
applications or payments to be made to other divisions of the Township
government as may best serve the public convenience.
2. The Tax Collector shall assign applications to the proper agency
for investigation and report, and upon approval, where necessary,
of any application by the authorized department or agency of the Township,
the Division shall issue the license to the applicant.
[1999 Code § 2.24.090D]
The Division of Revenue shall serve as the central cashier for
the Township. It shall receive all monetary payments made to the Township
and shall, upon direction of the Business Administrator, render bills
for services, fees, costs, penalties, etc., for activities which were
heretofore assigned to the various departments, divisions and/or ancillary
agencies of the Township. No provision of this section shall be designed
to apply to the Municipal Court of the Township, nor shall any activities
housed in locations other than the Township Municipal Complex where
the Division of Revenue is located be required to utilize the central
cashier function unless it is determined by the Business Administrator
not to be inconvenient to the client public. The Division shall promptly
transmit billing registers to the affected department, division or
ancillary agency and issue forth periodic reports to the Township
Council.
[1999 Code § 2.24.100]
a. Appointments; Term of Office.
1. The Division of Assessment shall be composed of a single Tax Assessor,
who shall be head of the Division, and not more than two (2) assistants
and such other clerical help and personnel as shall be necessary to
properly conduct the business of the Division. They shall receive
such compensation as shall be fixed by ordinance.
2. The Tax Assessor and the assistant assessors shall be appointed by
the Mayor, subject to confirmation by the Municipal Council.
3. The term of office of the Tax Assessor shall be consonant with that
of the elected term of the Mayor.
b. Functions. The Division, under the direction of the Tax Assessor,
shall:
1. Value all real and personal property in the Township for the purposes
of assessments and taxation in accordance with general law, the Charter
and ordinances, and exercise all the powers of a Municipal Assessor
pursuant to law;
2. Prepare the tax lists and duplicate as required by law and maintain
adequate assessment records of each and every parcel of real property
assessed or exempted;
3. Have custody of and maintain an up-to-date Township tax map and provide
for the recording thereon of all changes in ownership or character
of property assessed;
4. Make appraisals of property for any Township purpose upon the direction
of the Director of Finance;
5. Perform such other duties as are or may be required of a Tax Assessor
by the laws of the State of New Jersey and the applicable ordinances
of the Township.
[1999 Code § 2.24.110; New]
a. The qualifications of the Tax Assessor shall be formal or other education
and training in fields related to the economics of or valuation of
real and personal property, with preferably a degree or certificate
of completion of a course or courses in the appraising of real estate
and assessment principles and practices from a college or other institution
of recognized standards in this field; experience in real and personal
property appraisals and/or assessments, such experience being related
to all types of real property, inclusive of residential, commercial
and industrial properties; thorough knowledge of the accepted procedures
used in assessing real and personal property and of the laws, rules,
regulations, practices and policies relating to tax assessments and
of the forms required for tax purposes and of supervising the establishment
and maintenance of needed records and files; ability to develop a
suitable work program to apply existing laws, rules and regulations
to tax assessing work, to supervise the varied clerical functions
in the office, to give suitable assignments and instructions to clerical
employees and field investigators and to supervise their work.
b. The qualifications of the assistants shall be education equivalent
to that represented by graduation from a standard high school; courses
in real property appraising or assessing; experience in assessing
or appraising real property; a knowledge of State laws, statutes and
local ordinances pertaining to assessing and taxation; accuracy in
clerical work and arithmetic; and supervisory ability.
c. The Tax Assessor shall be certified pursuant to N.J.S.A. 40A:9-148.1
et seq.
[1999 Code § 2.24.120]
There shall be a Board of Assessments for local improvements
when necessary for the assessment of local improvements, and such
Board, when so constituted, shall serve within the Division of Assessment.
The Board shall consist of three (3) members and shall be appointed
by the Council pursuant to Chapter 56 of Title 40 of the Revised Statutes,
when necessary. The Board, as constituted, shall have the function,
powers and duties and shall follow the procedures prescribed by the
Revised Statutes.
[1999 Code § 2.24.130]
The head of the Division of Real Estate shall be the Supervisor
of Real Estate. He or she shall, prior to his or her appointment,
be qualified by training and experience in the management and sale
of real property. His or her compensation shall be such sum, annually,
as shall be fixed by ordinance.
[1999 Code § 2.24.140]
The Division of Real Estate shall, through the Supervisor, be
responsible for the management and sale of all Township-owned property
acquired by foreclosure or otherwise for nonpayment of taxes, as well
as the sale of real property of the Township no longer needed for
public purposes. It shall also be responsible for the sale of any
and all tax sale certificates covering properties which it is determined
not to acquire through foreclosure or otherwise. All of the sales
of both tax sale certificates and real property shall be conducted
in accordance with general law and any local ordinances, under the
supervision of the Supervisor of this Division and in accordance with
the terms and conditions prescribed by the Council for any specific
sale.
[1999 Code § 2.28.010; Ord. No.
O.1548-2007]
There shall be a Department of Health and Human Services, the
head of which shall be the Director of Health and Human Services.
His or her compensation shall be such sum annually as fixed by ordinance.
[1999 Code § 2.28.020; Ord. No.
O.1548-2007]
There shall be within the Department a Division of Health, a
Division of Welfare, a Division of Human Services and a Division of
Senior Citizen Services.
[1999 Code § 2.28.030; New]
The head of the Division of Health shall be the Municipal Health
Officer as appointed by the Mayor with the consent of the Council
as hereinafter set forth, and he or she shall have supervision over
all officers and employees of the Division.
[1999 Code § 8.44.040; New]
There is established the Division of Health of the Township,
which the Department of Health and Human Services shall maintain for
the purpose of administering the business connected with the enforcement
of the ordinances and regulations of the Department of Health and
Human Services and the laws of this State which relate to the public
health, the inspection and protection of the food supply, the investigation
and abatement of nuisances and conditions affecting the public health,
the investigation and enforcement of the sanitary conditions of public
and private buildings and premises, the collection and keeping of
vital statistics and the records of the Division of Health, and the
dissemination of information relating to public health matters.
[1999 Code § 8.44.050; New]
The Mayor with the consent of the Council shall appoint a person
to be known as the Health Officer of the Township, who shall be the
executive officer and official representative of the Division of Health
and whose duties shall be to conduct the business of such Health Department,
to enforce all statutes, ordinances and regulations relating to the
protection and promotion of health, and to perform such other duties
as the Board may direct.
[1999 Code § 8.44.060]
The Health Officer shall have all the powers and authority conferred
by law.
[1999 Code § 2.28.040A]
A Division of Welfare shall be the Local Assistance Board, consisting
of three (3) members. The term of one (1) member of the Local Assistance
Board shall be for one (1) year and such member shall be appointed
from among the membership of the Governing Body. The remaining two
(2) memberships shall be appointed by the Mayor, with the advice and
consent of the Council. The term of each member of the Board shall
begin on the first day of January, and each member shall continue
in office until his or her successors shall be appointed and shall
qualify. Except for the member who is a Council member, the terms
of office shall be for two (2) years, each expiring in alternate years.
[1999 Code § 2.28.040B]
The Division of Welfare shall have the following functions:
a. Administer programs of assistance to needy persons in cooperation
with Federal, State, County and municipal agencies;
b. Grant public assistance on a budget deficit basis for living expenses,
medical services and supplies, hospitalization, convalescent and dental
care and boarding care for children;
c. Provide social services of family adjustment and rehabilitation,
preventive and protective;
d. Participate in general community welfare interests, such as local
unemployment, child care and prevention and delinquency;
e. Maintain complete social case records, comply with State regulations
and make such reports and analyses of welfare problems and grants
as are necessary or desirable.
[1999 Code § 2.28.050; Ord. No.
O.1548-2007§ 8]
a. The head of the Division of Human Services shall be the Municipal
Health Officer who will serve as a source of information or expertise
as refers to the following.
b. The Division of Human Services shall have the following functions:
1. Assist in the relocation of persons displaced by local governmental
action;
2. Assist the needy who require medical attention or extended care facilities;
3. Assist in the providing of transportation for the young, disabled
and senior citizens when no other means of transportation is available;
4. Assist charitable agencies in the distribution of food, toys and
clothing;
5. Provide counseling for referral purposes to persons in need, i.e.,
mental and physical;
6. Assist residents whenever and wherever possible in preserving the
health of the individual.
7. Support and house the Edison Municipal Alliance, established May
23, 1990 via resolution, whose mission is to fight against alcoholism,
drug abuse and violence.
[1999 Code § 2.28.060]
a. The head of the Division of Senior Citizen Services shall be the
Supervisor of Senior Citizen Services.
b. The Division of Senior Citizen Services shall have the following
functions:
1. To plan, schedule and administer programs for the recreational, cultural,
informational, educational and social needs of the elderly residents
of the Township with special emphasis on identified special target
groups, including but not limited to the minority and impoverished
elderly;
2. To coordinate the scheduling of programs offered by other organizational
units of government where such programs are of special interest to
the elderly residents of Edison Township;
3. To sponsor and administer senior programs and activities in cooperation
with other public and private agencies and organizations;
4. To provide outreach and transportation services to elderly residents
to ensure their access to programs of need and/or interest;
5. To serve as coordinator between the Township and all other levels
of government for the procurement of public funds and technical assistance
relative to senior citizen programs, including the filing of grant
applications on behalf of the Township;
6. To operate the Township's senior citizen community centers in conformance
with established policy and budgetary appropriations.
[1999 Code § 2.28.070]
a. There shall be a Health Advisory Committee consisting of seven members
appointed by the Mayor with the advice and consent of the Council.
Each member shall serve a term of three (3) years or until a successor
is appointed, except that of the members first appointed, three (3)
shall serve for three (3) years, two (2) shall serve for two (2) years
and two shall serve for one (1) year. The Township Council shall select
one (1) of its members as a liaison to the Health Advisory Committee.
The council liaison shall be a nonvoting member of the Committee.
b. The Health Advisory Committee shall organize annually and shall select
a chairperson from its membership. The Committee shall meet regularly,
but in no event less frequently than once each calendar quarter.
c. The Health Advisory Committee shall be responsible to assist the
Mayor and the Director of Health in their efforts to:
1. Determine and define public health problems and needs;
2. Establish priorities for health programs based upon needs, resources
and demands;
3. Evaluate current programs periodically to determine progress, need
and necessary modifications.
d. The Department of Health shall provide materials and services appropriate
to the proper operation of the Health Advisory Committee, including
but not limited to secretarial support of meetings and minutes of
the Health Advisory Committee.
[1999 Code § 2.32.010]
There shall be a Department of Law, the head of which shall be the Township Attorney, who shall enforce all laws and act to protect the interests of the Township. He or she shall represent the Township in all judicial and administrative proceedings in which the Township or any of its officers or agencies may be a party or have an interest as more particularly set forth at length hereinafter. He or she shall be appointed by the Mayor, with the advice and consent of the Council, for a term of four (4) years and until his or her successor has been appointed and qualified. He or she shall be an attorney at law authorized to practice in the State of New Jersey. Such attorney shall receive a fixed salary established by ordinance and, for such salary, he or she will be required to perform the powers and duties specified in subsection
2-71.2.
[1999 Code § 2.32.020]
The Township Attorney shall:
a. Advise the Council. Advise the Council or its committees or any Township
Officer, when thereto requested, upon all legal questions arising
in the conduct of the Township's business;
b. Prepare Ordinances. Prepare and revise all ordinances of the Code
when so requested by the Council or any committee thereof;
c. Prepare Resolutions. Prepare or draft and revise all resolutions
when so requested by the Council or any committee or member thereof;
d. Render Opinions. Render his or her opinion on any legal matter or
question submitted to him or her by the Council or any of its committees
or by any Township officer, in writing or orally;
e. Prepare or Draft Legal Instruments. Prepare, draft and approve as
to form and sufficiency all legal documents, instruments, contracts
and deeds to which the Township is a party, including such instruments
and agreements with other municipalities, and approve also as to form
all bonds required to be submitted to the Township;
f. Attend Council Meetings. Attend Council meetings, including special
meetings and conference meetings, for the purpose of giving the Council
any legal advice requested by its members;
g. Bid Openings. Attend and advise the Council or any designated officer
of the Township in the opening and awarding of public bids;
h. Additional Attorneys and Technical Assistants. Supervise and direct
the work of such additional attorneys and technical and professional
assistants as the Council may authorize for special or regular employment
in the Department of Law;
i. Tax Appeals. Represent the Township in all tax appeals to the County Board of Taxation, except that when the assessed valuation is five hundred thousand ($500,000.00) dollars or more, subsection
2-71.3 shall apply;
j. Bonding Ordinances. Perform all of the required legal services in
the preparation, submission and adoption of bonding ordinances authorized
by the Council in accordance with the applicable New Jersey statutes
and assist and furnish all the necessary information to any special
counsel hired for purposes of a particular bond issue;
k. Real Estate Acquisitions. Perform all the necessary legal services
in connection with all real estate acquisitions involving the Township,
except those where condemnation is required;
l. Make Reports.
1. Immediate Report of Decision. Immediately report to the Administrator
and Council the outcome of any litigation in which the Township has
an interest.
2. Annual Report of Pending Litigation. Make an annual report to the
Administrator and Council, by the first regular meeting of the year,
of all pending litigation in which the Township has an interest and
the condition thereof;
m. Keep Records.
1. Suits. Keep a complete record of all suits in which the Township
had or has an interest, giving the names of the parties, the court
where brought, the nature of the action, the disposition of the case
or its condition, if pending, and the briefs of counsel.
2. Opinions and Titles. Keep a complete record of all written opinions
furnished by him or her and of all certificates or abstracts of titles
furnished by him or her to the Township or any department or official
thereof.
[1999 Code § 2.32.030]
All work performed by the Township Attorney outside the scope and spirit of the above-mentioned services, including but not limited to services as counsel in litigation, administrative or condemnation proceedings, except as provided in subsection
2-71.2, shall be paid for by the municipality upon the submission of reasonable bills for such services performed, supported by the pertinent vouchers. All such nonsalaried services, prior to undertaking by the Township Attorney, shall require a resolution by the Township Council authorizing such services.
[1999 Code § 2.32.040]
No warrant shall be issued for the payment of any money from
the Township treasury in any matter where a deed is necessary or under
any contract to which the Township is a party, unless the Township
Attorney shall have endorsed thereon, in writing, his or her approval
as to form and legality, together with a statement of any liens or
encumbrances affecting the transaction.
[1999 Code § 2.32.050]
The Township Attorney shall not, without approval of the Council
by resolution, be empowered to compromise, settle or adjust any rights,
claims, demands or causes of action in favor of or against the Township,
nor to permit, offer or confess judgment against the Township, nor
to accept any offer or judgment in favor of the Township, provided
that this section shall not operate to limit or abridge the discretion
of the Township Attorney in regard to the proper conduct of the trial
of any action or proceeding or deprive him or her of the powers and
privileges ordinarily exercised in judicial proceedings by counsel
acting for private clients.
[1999 Code § 2.32.060]
The Township Attorney is authorized, with the prior approval
of the Mayor and Council and within the available appropriations,
to employ such additional counsel to aid in the trial or argument
of such causes or proceedings of importance in which the Township
may be a party or be interested as he or she may deem necessary.
[1999 Code § 2.32.070]
Upon the expiration of his or her term of office or his or her
resignation or removal therefrom, the Township Attorney shall surrender
forthwith, to the several Township officers charged with the custody
thereof, all deeds, leases, conveyances, obligations, bonds, contracts,
agreements, reports and all other papers in his or her hands belonging
to the Township and shall deliver to his or her successor in office
all legal papers and documents relating to the business of the Township,
together with a written consent of substitution of his or her successor
in all actions then pending and undetermined in which the Township
is a party.
[1999 Code § 2.32.080A]
Within the department of law, there shall be two (2) legal assistants
to serve as Municipal Public Defenders in accordance with P.L. 1997,
Chapter 256, one (1) of whom shall be designated as the Chief Municipal
Public Defender. The Public Defenders shall be licensed to practice
law in New Jersey and shall serve for a term of one (1) year from
the date of his or her appointment and until the appointment and qualification
of his or her successor.
[1999 Code § 2.32.080B]
a. It shall be the duty of the Municipal Public Defenders to represent,
except in the case of temporary unavailability or conflict of interest,
any defendant charged with an offense in the Municipal Court who is
an indigent municipal defendant entitled to representation pursuant
to P.L. 1997, Chapter 256.
b. The Public Defenders shall be responsible for handling all phases
of the defense, including but not limited to discovery, pretrial and
post-trial hearings, motions, removals to Federal District Court and
other collateral functions reasonably related to the defense. As used
in this sub-section, "post-trial hearing" shall not include de novo
appeals to the Superior Court.
c. The Municipal Public Defender shall represent an indigent charged
in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18
or, if in the opinion of the Municipal Court, there is a likelihood
that the defendant, if convicted of any other offense, will be subject
to imprisonment or other consequence of magnitude, the Municipal Public
Defender shall defend that indigent defendant.
[1999 Code § 2.32.080C]
Eligibility for services of the Municipal Public Defenders shall
be determined by the Municipal Court Judge on the basis of need of
the defendant. Need shall be measured according to N.J.S.A. 2A:158A-14
and guidelines promulgated by the New Jersey Supreme Court. In the
event that a determination of eligibility cannot be made before the
time when the first services are to be rendered, or if an initial
determination is found to be erroneous, the Municipal Court shall
refer the defendant to the Municipal Public Defender provisionally,
and if subsequently, it is determined that the defendant is ineligible
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his own counsel and to reimburse the municipality
for the cost of services rendered to that time.
[1999 Code § 2.32.080D]
a. A person applying for representation by the Municipal Public Defenders,
or court-approved, shall pay an application fee of two hundred ($200.00)
dollars. In accordance with guidelines promulgated by the Supreme
Court, the Municipal Court may waive any required application fee,
in whole or in part, only if the court determines, in its discretion,
upon a clear and convincing showing by the applicant, that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four (4) months.
b. Funds collected pursuant to paragraph a above shall be deposited
in a dedicated fund administration by the Chief Financial Officer
of the Township. Such funds shall be used exclusively to meet costs
incurred in providing the services of a Municipal Public Defender
including, when required, expert and lay investigation and testimony.
[1999 Code § 2.32.080E]
a. The Director of Law, in the name of the Township, may do all things
necessary to collect any moneys due the Township by way of reimbursement
for services rendered by the Public Defender. The Director of Law
shall have all the remedies and proceedings available for and upon
the recovery of a judgment in a civil action and shall also be permitted
to collect counsel fees and costs from the defendant for such collection
action so that the same are not borne by the municipality.
b. If the defendant has, or reasonably expects to have, a means to meet
some part, though not all of the costs of services rendered, the defendant
shall be required to reimburse the municipality, either by a single
payment or in an installment in such amounts as he or she can reasonably
be expected to pay; but no default or failure in making payments shall
affect or reduce the rendering of services.
c. The municipality shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to this act
as calculated at the same rate as the office of the Public Defender
bills clients at that time.
d. To effectuate such a lien for the municipality, the Director of Law
shall file a notice setting forth services rendered to defendant and
the reasonable value thereof with the Clerk of the Superior Court.
The filing of the notice with the Clerk of the Superior Court shall
constitute a lien on the property for a period of ten (10) years from
the date of filing, unless discharged sooner, and except for such
time limitations, shall have the force and effect of a judgment. Within
ten (10) days of the filing of the notice, the Director of Law shall
send, by certified mail, or serve personally, a copy of the notice
with a statement of the date of the filing to or upon the defendant
at the defendant's last-known address. If the Director of Law shall
fail to give notice, the lien is void.
e. The Director of Law is authorized to compromise and settle any claim
for services performed pursuant to this act whenever the financial
circumstances of the person receiving the services are such that,
in the judgment of the Director of Law, the best interests of the
State will be served by compromise and settlement.
[1999 Code § 2.36.010]
There shall be a Department of Parks and Recreation, the head
of which shall be the Director. His or her compensation shall be such
sum, annually, as shall be fixed by ordinance.
[1999 Code § 2.36.020]
This Department shall:
a. Supervise, coordinate and provide for the planning and implementation
of all municipally sponsored recreation activities;
b. Supervise the operation of all public parks and properties within
the Township.
[1999 Code § 2.36.030]
The Department of Parks and Recreation shall be divided into
two (2) divisions. The divisions shall be under the authority of the
Director of Parks and Recreation. The divisions shall be as follows:
a. Division of Recreation. The head of the Division of Recreation shall
be the Supervisor of Recreation. The Supervisor of Recreation shall
provide for the planning and implementation of all municipally sponsored
recreation activities.
b. Division of Parks. The Head of the Division of Parks shall be the
Supervisor of Parks. The Supervisor of Parks shall provide for the
maintenance of all public parks and properties within the limits of
the Township. The Supervisor of Parks shall also provide for the operation
of such athletic facilities which are provided for in a lease agreement
between the Township and the Board of Education.
[1999 Code § 2.44.020; Ord. No.
O.1548-2007§ 13]
There shall be a Department of Public Works, the head of which
shall be the Director of Public Works. The Director shall, prior to
his or her appointment, be qualified by training or experience in
the planning and execution of public works and improvements and in
responsible management of technical personnel. His or her compensation
shall be such sum, annually, as shall be fixed by ordinance. The Director
shall be certified pursuant to N.J.S.A. 40A:9-154.6c et seq.
[1999 Code § 2.44.02; Ord. No.
O.1548-2007§ 14; amended 9-9-2019 by Ord. No. O.2049-2019]
The Department of Public Works shall be organized into five
divisions: Streets, Sanitation, Public Buildings and Grounds, Parks
and Shade Trees, and Vehicle Maintenance. The Director of the Department,
through such divisions and otherwise, and among other things, shall:
a. Direct and supervise the preparation of plans and specifications
and performance of the contracts of all Township public works and
improvements;
b. Provide all mechanical services required by any department, office
or agency of the Township, except as otherwise directed by the Mayor
or Business Administrator.
[1999 Code § 2.44.030; Ord. No.
O.1548-2007§ 15]
The head of the Division of Streets shall be the Supervisor
of Streets. His or her salary shall be set according to union contract
or fixed by ordinance. The Division of Streets under the supervision
of the Supervisor of the Division shall provide for street cleaning,
constructing, reconstructing and maintenance and repair of all public
streets and storm drainage systems within the Township and regulate
the construction, maintenance, alteration and repair of sidewalks,
curbs, gutters and encroachments by objects and structures above and
below such streets and sidewalks, including street cleaning, and snow
removal, in accordance with any of the ordinances of the Township.
[1999 Code § 2.44.040; Ord. No.
O.1548-2007§ 16]
(Reserved for future use)
[1999 Code § 2.44.050; Ord. No.
O.1548-2007§ 17]
The head of the Division of Solid Waste shall be the Supervisor
of Solid Waste. His or her salary shall be set according to union
contract or fixed by ordinance. The Division shall be responsible
for refuse and garbage collection and disposal and the operation of
any Township-owned transfer station. It shall also be responsible
to assist in snow removal on all Township streets if so assigned that
function by the Director of Public Works.
[1999 Code § 2.44.060; Ord. No.
O.1548-2007§ 18; amended 9-9-2019 by Ord. No. O.2049-2019]
The Division of Sewers shall be incorporated into the Department of Water and Sewer, as set forth in Chapter
27 herein.
[Ord. No. O.1548-2007§ 19]
The head of the Division of Parks and Shade Trees shall be the
Supervisor of Parks and Shade Trees. The Supervisor of Parks and Shade
Trees shall provide for the complete maintenance of all Township parks,
recreational facilities, and shade trees on Township property and
street rights-of-way. He or she shall also be responsible for the
maintenance of such athletic facilities as are provided for in any
lease agreement between the Township and the Board of Education. He
or she shall also be responsible to assist in snow removal on all
Township streets if so assigned that function by the Director of Public
Works.
[Ord. No. O.1548-2007§ 20]
The head of the Division of Vehicle Maintenance shall be the
Supervisor of the Division. His or her duties shall include the maintenance
and repair of all Township vehicles, other than police vehicles. His
or her salary shall be set according to union contract or fixed by
ordinance.
[1999 Code § 2.44.090; Ord. No.
O.1548-2007§ 21]
The head of the Division of Public Buildings and Grounds shall
be the Supervisor of Public Buildings and Grounds. The Supervisor
of Public Buildings and Grounds shall provide for complete maintenance
of the Municipal Complex and extraordinary and emergency repairs on
all other Township buildings. The Division of Public Buildings and
Grounds shall also assist in snow removal on all Township streets,
if so assigned that function by the Director of Public Works.
[Ord. No. O.1548-2007§ 10]
a. There shall be a Department of Planning and Engineering, the head
of which shall be the Township Engineer who shall serve as the Director
of Planning and Engineering. His or her compensation shall be such
sum annually as fixed by ordinance.
b. The Director of Planning and Engineering shall, prior to his or her
appointment, be qualified by education, training, and/or experience
in the planning, coordination, and execution of diversified municipal
projects, programs, community services, and engineering improvements,
and in responsible management of professional and technical personnel.
c. The Director of Planning and Engineering shall be responsible for
the administration, direction, coordination, supervision and control
of all divisional units, and committees, as may be assigned to the
Department.
d. There shall also be assigned to the Department, the statutory position
of Municipal Engineer who shall be appointed according to law. The
Municipal Engineer, as a minimum, shall perform these duties and responsibilities
required by law. Prior to appointment, the Municipal Engineer shall
possess a valid New Jersey Professional Engineer license.
e. There shall be no prohibition against the Township Engineer concurrently
holding the statutory position of Municipal Engineer.
f. The Township Engineer shall serve as a liaison between the Township
and the County of Middlesex and other governmental entities and/or
agencies, on coordination of capital development projects.
g. The Township Engineer shall be responsible for the activities assigned
to the Department, whether accomplished by staff or outside consultant
services.
[Ord. No. O.1548-2007§ 10]
The Department of Planning and Engineering shall be organized
into the following four (4) divisions: Engineering, Planning and Zoning,
Housing and Community Development and Construction Code Enforcement.
The Director of Planning and Engineering by and through the Department
and the Divisions shall:
a. Develop and support all Township capital improvement programs;
b. Direct and supervise all engineering, planning, and community development
services required by any department, office or agency of the Township,
except as otherwise directed by the Mayor or Business Administrator;
c. Direct and provide for the enforcement of all buildings codes and
zoning ordinances;
d. Administer all private development applications before the Planning
Board and/or Zoning Board of Adjustment.
[Ord. No. O.1548-2007§ 10]
a. Duties. Under the direction of the Municipal Engineer, the Division
shall:
1. When directed, prepare all plans and technical specifications for
capital improvements undertaken by the Township by contract or by
force account;
2. Provide maps, plans and specifications, surveys and records with
respect to public property, works and facilities owned or operated
by the Township;
3. Provide engineering services to the various departments, boards and
agencies of the Township as directed by the Mayor or other authorized
authority;
4. Issue necessary certificates and approve bills for work performed
under his or her supervision;
5. Prepare and update real property tax maps on a current basis;
6. Render opinions on any engineering matter or question when submitted
to him or her;
7. Supervise and direct the work of such additional engineers and technical
assistants and personnel as may be necessary by consultant contract
or regular employment in the Department of Planning and Engineering;
8. When directed by the Mayor or authorized authority, prepare plans,
maps, drawings, surveys, reports, certifications, engineering documents
or instruments and studies as may be required in order to qualify
for Federal, State or assistance programs;
9. Maintain a complete record of all engineering plans, specifications,
surveys, maps, current tax maps, reports, certifications, documents,
instruments and written advisory reports and opinions furnished in
which the Township had or has an interest.
b. Records of the Municipal Engineer. All maps, correspondence, profiles,
specifications, surveys, field notes and related documents done on
behalf of the Township shall be and remain the property of the Township.
If filed for convenience of the Municipal Engineer at a private or
Township office, they shall be furnished or returned upon request.
Upon the termination of employment of the Municipal Engineer, such
documents shall be delivered to the successor Municipal Engineer or
to the Township upon direction pursuant to the provisions of this
section.
Within the Department of Planning and Engineering, there shall
be a Division of Planning and Zoning, the head of which shall be the
Township Planner. Prior to appointment, the Township Planner shall
have graduated from a four-year college or university of recognized
standing and shall have completed a major course of study in land
use planning or related field and shall hold a valid license from
the State of New Jersey as a Professional Planner.
[Ord. No. O.1548-2007§ 10]
a. The Division of Planning and Zoning shall have the following duties:
1. Undertake various planning activities, including the organizing,
promoting and making of planning surveys; collection and compilation
of planning data; conducting of investigations and analyses of the
data; drawing and drafting of maps and charts; and the interpretation
and transportation of statistical data into visual form.
2. Supply planning services by staff and/or consultant contract to various
autonomous boards and elected and appointed officials of the Township
as directed by Director of Planning and Engineering.
3. The Zoning Officer and all such authorized staff members shall be
assigned to the Division of Planning and Zoning for the purpose of
enforcing the provisions of the Zoning regulations of the Township.
4. The following autonomous statutory boards are assigned to the Division
for administrative purposes and staff performance reporting, to which
the Municipal Engineer may serve as the administrative officer:
(b)
The Zoning Board of Adjustment;
(c)
The Environmental Commission.
5. Periodically update the master plan and land development ordinances
in order to implement the recommendations of the Planning Board and
Municipal Council.
6. Other duties as assigned by the Director of Planning and Engineering.
[Ord. No. O.1548-2007§ 10]
Within the Department of Planning and Engineering, there shall
be a Division of Housing and Community Development, the head of which
shall be the Coordinator of Community Development and he/she shall
be qualified based upon training and/or experience.
[Ord. No. O.1548-2007§ 10]
a. The Division shall have the following duties.
1. Plan, schedule and administer the following programs:
(a)
Community Development Block Grant (CDBG);
(b)
Affordable Housing (COAH);
(c)
Americans with Disabilities Act (ADA);
(d)
Affirmative action/equal employment opportunity;
2. Establish linkage with other Township entities, both public and private,
to promote and increase service delivery to those citizens that require
and are eligible for municipal services;
3. Administer housing programs that provide housing to eligible persons
of low and moderate income, pursuant to Federal and State guidelines;
4. Administer the various Township programs established for the purpose
of programs;
5. Serve as liaison between the Township and other governmental entities
for the procurement of public funds and technical assistance, including
the filing of grant applications on behalf of the Township;
6. Other duties as assigned by the Director of Planning and Engineering.
[Ord. No. O.1548-2007§ 10]
Within the Department of Planning and Engineering, there shall
be a Division of Construction Code Enforcement, which Division shall
be comprised of the Edison Construction Enforcement Agency. The head
of the Division of Construction Code Enforcement shall be the Construction
Code Official.
[Ord. No. O.1548-2007§ 10]
The Division of Construction Code Enforcement shall perform
all duties and responsibilities as required by the Uniform Construction
Code, the International Construction Code, the New Jersey Department
of Community Affairs, and laws pursuant to the New Jersey Construction
Code, and follow the requirements under the DCA (New Jersey Department
of Community Affairs), and other duties as may be assigned by the
Director of Planning and Engineering.
[Ord. No. O.1769-2011]
Before the reorganization or restructure of any Township department
or non-departmental unit of the Township takes effect, Council approval
shall be required. The Mayor shall submit any plan to reorganize or
restructure any Township department or work unit that includes the
addition or reduction of personnel. Any method to achieve immediate
reductions in personnel, including layoffs, demotions, the abolishment
of positions shall be included in a written plan developed by the
Mayor and submitted to Council for review.
The written plan shall provide Council with a clear rational
basis for the proposed reorganization. The plan shall include any
job positions targeted for reduction, layoff, demotion, or abolishment.
The plan will also include a detailed cost/benefit analysis comparing
the proposed organization with the current one. Detailed recommendations
and opinions from each department head regarding the impact such changes
or reductions will have or are likely to have on their respective
departments or divisions or units will also be included in the report.
The plan shall be approved by ordinance. The Mayor shall administer
the plan strictly in accordance with the approved plan's language;
any deviation from the actions described in the plan will require
submittal of a written supplemental plan explaining the need to deviate
from the approved plan. Explanations will provide such detail as to
answer all questions and concerns had by Council members. Any supplemental
changes will be made by ordinance.
The Mayor or any other municipal employee may be called upon
by Council to publicly clarify or explain any part of the plan or
supplement plan during any Council Committee meeting.
Once Council approves the plan by ordinance, any reductions
or increases will be conducted in accordance with procedures established
in the Township's Personnel policies or applicable collective bargaining
agreements.
[Ord. No. O.1794-2012§ 3]
Any furlough instituted by the Township of Edison shall be defined
as: A temporary layout encompassing the temporary cessation of an
employer's operation, or a portion of an employer's operation, for
a definite period of time in order to achieve a governmental economy
or efficiency, and without pay to the employees who are furloughed.