Bogota is governed under the borough form of government
outlined in Chapters 86-94 of Title of the Revised Statutes. The administrative
code has been drafted in conformity with the borough law and in many
instances provisions have been restated. Other enabling laws relevant
to this chapter are N.J.S.A. 2A:9-7m et seq., Municipal Court; N.J.S.A.
40:55D-69, Zoning Board of Adjustment; N.J.S.A. 40:55D-23, Planning
Board; N.J.S.A. 26:3-1, Board of Health; and N.J.S.A. 40:47-1, Police
Department and Fire Department.
For statutes requiring the taking of oaths of office and
requiring bond of certain officers and employees, see Local Fiscal
Affairs Law, N.J.S.A. 40A:5-33 et seq.
For salary grades and ranges, wages, compensation and
fees of all officers and employees of the borough, see annual salary
ordinances of the borough. Such ordinances are not included in these
Revised Ordinances, but are saved from repeal. See Adopting Ordinance.
[New]
This chapter shall be known and may be cited as the Administrative
Code of the Borough of Bogota and is herein referred to as the code.
[New]
The council shall consist of the mayor and six councilmen elected
at large in the borough, all of whom shall be elected and take office
in the manner provided by law. The term of office shall commence January
1 next following their election.
[New]
The council shall by ordinance adopt rules of procedure not
inconsistent with this code. The rules shall provide for standing
committees of the council.
[New]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled or codified.
[New]
Whenever a vacancy occurs in the membership of the borough council
for any reason other than the expiration of term of office, the vacancy
shall be filled in the following manner:
a.
If the vacancy occurs subsequent to September 1 preceding the general
election which will occur in the next-to-the-last year of the term
of the member whose office has become vacant, the office shall be
filled for its unexpired term by appointment by a majority vote of
the whole membership of the borough council.
b.
If the vacancy occurs prior to September 1 preceding the general
election in any year other than the last year of the term of the member
whose office has become vacant, the vacancy shall be filled for the
unexpired term at the next ensuing general election. The borough council
by a vote of the majority of its whole membership may fill the vacancy
temporarily by appointment until the election and qualification of
a successor.
c.
Whenever a vacancy to be filled for the unexpired term by the borough
council is not filled within thirty (30) days of the occurrence of
the vacancy, the borough clerk shall forthwith call a special election
to be held as soon as practicable to fill the vacancy. No appointment
shall be made by the borough council to fill the vacancy after a special
election has been called. If the vacancy occurs within six (6) months
prior to tend of the term of office, the provisions of this subsection
shall not apply and the borough council shall continue to have the
power to fill the vacancy.
d.
Whenever the office of all or a majority of the members shall become
vacant for any reason, the fact of the vacancies shall be immediately
certified to the governor by any remaining member of the borough council
or by the borough clerk. The governor upon receipt of such certifications
shall forthwith fill the vacancies temporarily by appointment until
their successors are elected for the unexpired terms at the next general
election or next regularly scheduled municipal election occurring
not less than sixty (60) days subsequent to the appointment.
[New]
Every person appointed by the borough council or by the governor
to fill a vacancy, either for the unexpired term or temporarily, shall
have the qualifications required by Statute to permit the appointee
to qualify for election to the office, and if the previous incumbent
had been elected to office as the nominee of a political party, the
person so appointed shall be of the same political party.
[New]
The council shall meet for organization on the first day of
January, or during the first seven (7) days in January in any year
at the call of the incoming mayor. Thereafter, the council shall meet
regularly within the borough at such times and places as provided
by the rules of council. The mayor shall when necessary call special
meetings of the council. In case of his neglect or refusal, any four
(4) members of the council may call such meetings at such time and
place in the borough as they may designate. In all cases of special
meetings, twenty-four (24) hours written notice (or actual voice contact)
shall be given to all members of the council. Written notice may be
by leaving such notice at their places of residence.
[New]
The mayor shall preside over all meetings of the council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by statute or specific ordinance, the
mayor shall nominate and, with the advice and consent of the council,
appoint all officers in the borough, and the chairman and members
of all standing committees. No appointments requiring council confirmation
shall be made except by a majority vote of the council members present
at the meeting, provided that at least three (3) affirmative votes
shall be required for such purpose, the mayor to have no vote thereon
except in the case of a tie. Vacancies in appointive offices shall
be filled by appointment in the same manner for the unexpired term
only. The mayor shall make such nomination to fill a vacancy within
thirty (30) days after the appointive office becomes vacant. If the
mayor fails to nominate within thirty (30) days or the council fails
to confirm any nomination made by the mayor, then, after the expiration
of thirty (30) days, the council shall appoint the officer.
The mayor shall see that the laws of the State and the ordinances
of the borough are faithfully executed, and shall recommend to the
council such measures as he may deem necessary or expedient for the
welfare of the borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the borough.
The mayor shall supervise the conduct and acts of all offices
in the borough and shall execute all contracts made on behalf of the
council.
[New]
At the organizational meeting the council by a majority vote
shall elect from their number a president of the council, who shall
preside at all of its meetings when the mayor does not preside. The
president of the council shall hold office for one (1) year and until
the next annual meeting. He shall have the right to debate the vote
on all questions before the council. If the council at its annual
meeting fails to elect a president, the mayor shall appoint the president
from the council and in that case no confirmation by the council shall
be necessary. If the mayor is absent from the borough for a period
of three (3) consecutive days or for any reason is unable to act,
the president of the council shall perform all the duties of the mayor
during his absence or inability. The mayor, in case of his intended
absence from the borough for more than three (3) days at any one time,
shall notify the president in writing of such intended absence, whereupon
the president shall be and become acting mayor from the receipt of
such notice and continue to act until the mayor's return. In case
of the temporary inability of the president to so act, the council
member having the longest term of service as such may act temporarily
for the president.
[Ord. 12/9/48, S1]
There is hereby established in accordance with and pursuant
to the provisions of N.J.S.A. 2:8A-1 to 2:8A-41, inclusive, and the
several acts amendatory thereof and supplementary thereto, a court
within the borough to be known as the "Municipal Court of the Borough
of Bogota."
[Ord. 4/28/60, S1-4; New; Ord. #1265, §1]
a.
The office of municipal prosecutor, and any number of special municipal
prosecutors as authorized by a resolution of the Mayor and Council,
are hereby created in the Borough of Bogota.
b.
The municipal prosecutor shall be an attorney-at-law of the State
of New Jersey and shall prosecute on behalf of the State or the Borough
of Bogota any case to be tried before the municipal judge whenever
requested by the chief of police of the borough or the municipal judge;
and the municipal prosecutor shall assume any and all duties as may
be assigned to the office of municipal prosecutor by statute or municipal
ordinance, charter or by police power, rule or regulation adopted
or promulgated by the borough council.
c.
The special municipal prosecutors shall serve in the place of the
municipal prosecutor, and shall assist the municipal prosecutor as
necessary for the proper functioning of the municipal court, and in
case of a conflict of interest or absence that prevents the municipal
prosecutor from serving.
d.
The term of office of the municipal prosecutor and any special municipal
prosecutors shall be for one (1) full year effective January 1 of
each year, or the date of the confirmation of the appointment of the
office holder, until December 31 of the year of the appointment, and
continuing until the appointment and qualification of the officeholder's
successor.
e.
If a special prosecutor is appointed, then the municipal prosecutor
shall be deemed to be the chief municipal prosecutor, as required
by N.J.S.A. 2B:25-4(f).
f.
The salary of the municipal prosecutor, and any special municipal
prosecutors, shall be as set forth in the borough's salary ordinance.
[Ord. #1113, SI; Ord. #1163, S1]
a.
There is hereby created the office of municipal public defender of
the borough.
b.
The municipal public defender shall be an attorney-at-law of the
State of New Jersey and shall provide representation to indigent defendants
who qualify for appointment of counsel as required by law; the municipal
court judge shall approve all applications for appointment of the
public defender to represent said persons as required by law.
c.
The term of office of the municipal public defender shall be for
one (1) year, effective January 1 of each year and until December
31 of the same year and until the appointment and qualification of
his successor.
d.
The salary of the municipal public defender shall be based upon a
retainer as provided for in the current salary ordinance of the borough.
e.
Those persons applying for representation by the municipal public
defender shall pay an application fee of two hundred ($200.00) dollars
at the time of presentation of an application for the public defender.
The municipal court judge may, however, in his discretion, waive any
required application fee in whole or in part if the judge determines,
in his discretion, that the applicant has made a clear and convincing
showing that the application fee represents an unreasonable burden
on the person seeking representation. The municipal court may permit
an applicant, for good cause shown, to pay the application fee over
a specified period of time not to exceed four (4) months.
f.
Funds collected pursuant to paragraph e shall be deposited in a dedicated
fund administered by the chief financial officer. The funds so deposited
shall be used exclusively to meet the costs incurred by the borough
in providing the services of the public defender, including when required,
the costs of expert witness and lay investigation and testimony.
[Ord. 12/27/45, S1]
The board of health in the borough shall hereafter be composed
of seven (7) members who shall serve for the term of three (3) years.
[Ord. 12/27/45, S2; New]
All appointments to the board of health shall be made by the
mayor with the advice and consent of the council at the organization
meeting of the mayor and council annually on January 1 or as soon
thereafter as may be convenient at either a special or regular meeting
held for that purpose. The term of office of each appointee shall
be deemed to commence as of the organization meeting day in the year
of which the appointment has been made, it being the purpose herein
that all appointments to the board of health be uniform commencing
and expiring as of the organization meeting day of the mayor and council.
Provided, however that the terms of the members shall be arranged
so that the terms of not more than three (3) members shall expire
each year.
[Ord. 5/15/1895, S4]
If any vacancy occurs in the membership of the board, such vacancy shall be filled for the unexpired term only by nomination and appointment as provided in subsection 2-7.2.
[Ord. 5/15/1895, S5]
The members of the board shall meet at the council chamber for
the purpose of organization and transaction of other business.
[1]
Editor's Note: Ordinance No. 1480 replaced the Board of Recreation
Commissioners with the Recreation Committee. Prior ordinance history:
Ordinance No. 819, 864.
[Ord. No. 1480]
There shall be established a standing committee of the Borough
of Bogota, entitled Recreation Committee, which shall be responsible
for all recreational activities within the Borough of Bogota. The
Committee shall conduct and oversee forms of recreation and cultural
activities for the citizens and residents of Bogota. The Recreation
Committee may conduct such activities on properties under the control
and/or ownership of the Borough, as well as on private properties.
The Recreation Committee may charge and collect reasonable fees for
such activities, but all money collected shall be remitted to the
Municipal Treasurer.
[Ord. No. 1480]
a.
The Recreation Committee shall consist of seven members, along with
two alternates, appointed by Mayor with the consent of the Council.
[Amended 2-27-2020 by Ord. No. 1537]
b.
The members of said Committee shall serve without compensation.
c.
The terms of office shall be for three years, so that the terms of
no more than 1/3 of the at-large members will expire each year, and
their successors shall be appointed at the Borough annual reorganization
meeting for terms of three years and until the appointment and qualification
of their successors.
[Amended 2-27-2020 by Ord. No. 1537]
d.
The Committee shall designate one of the members to serve as Chairman
and presiding officer of the Committee. The Council may remove any
member of the Committee for cause, on written charges served upon
the member and after a hearing thereon in front of the Mayor and Council
at which the member shall be entitled to be heard in person or by
counsel if so desired by the member.
[Ord. No. 1480]
a.
To supervise and regulate all parks, playgrounds and recreational
areas belonging to the Borough. It shall be the Borough's responsibility
to fiscally maintain said parks, playgrounds and recreational areas.
b.
To establish, supervise and regulate a recreation program to meet
the recreational needs of the residents of the Borough and to plan
for future recreational needs.
c.
To promulgate, adopt and approve such rules and regulations as the
Recreation Committee shall deem necessary to carry out its purpose
and objects, subject to review and approval of the Borough Council.
d.
To work closely with the Recreation Director in carrying out Recreation
programs.
e.
The Council shall make final decisions regarding all hiring.
f.
To consider recommendations from individuals and groups involving
matters of recreation policy and present recommendations to the Council.
g.
To authorize and carefully examine all expenditures within the budget
granted by the Mayor and Council and to recommend payment of vouchers,
through a Recreation Director, for such expenditures by the Mayor
and Council.
h.
To account to the people of Bogota through the proper fiscal authorities
for the use of all funds.
i.
To interpret the Committee's program to public officials and to the
general citizenry, in terms of adequate moral and financial support.
j.
To present an annual report to the public and to Borough officials
concerned with the activities of the Committee.
k.
To appoint subcommittees related to Recreation.
l.
To distribute all policy decisions, through the Recreation Director,
to the applicable volunteers and paid employees.
[Ord. No. 1480]
The Council may, in its sole discretion, appropriate funds for
the expenses incurred by the Recreation Committee through its annual
budget.
[Ord. #1118, S1]
There is hereby established the authority for the formation
of a nonprofit corporation to be known as the Bogota Volunteer Trust,
Inc., or such similar name as may be currently available.
[Ord. #1118, S1]
The trustees of the Bogota Volunteer Trust, Inc., shall consist
of the following members:
[Ord. #1118, S1]
The trustees shall have the authority to establish a fund consisting of contributions to the Bogota Volunteer Trust, Inc. The trustees shall also meet to vote upon the expenditures to be made from the fund for the purposes of the volunteer organizations referred to in subsection 2-9.2. These purposes may include, but are not limited to, periodic awards dinners or other social events acknowledging the contributions of the volunteers to the borough.
[Ord. #1118, S1]
The Mayor and Council of the Borough of Bogota will make, on an annual basis, sufficient contributions to the trust to fund an annual awards dinner if the contributions from other sources made to the trust do not provide adequate funding for an annual awards dinner recognizing the volunteers in the organizations referred to in subsection 2-9.2.
[Ord. 5/24/56, S1]
This section shall be known and may be cited as "The Fire Department
Ordinance of the Borough of Bogota."
[Ord. 7/28/58, S2; Ord. #1158, S1; Ord. #1257, S1; Ord. #1410,
S1]
a.
The fire department of the borough, hereafter referred to as the
department, shall consist of a battalion comprising four (4) volunteer
companies designated as follows:
|
Engine Company #1
|
|
Hook and Ladder Company #1
|
|
Hose Company #2
|
|
Engine Company #3
|
b.
Each volunteer fire company shall consist of twenty (20) regular members who shall be residents of the Borough of Bogota and up to ten (10) nonresident members, as defined in subsection 2-10.5c, who may be either regular nonresident members or fire brigade members. The other members are utility members, who shall be available at other times during the day for fire duty.
[Ord. 5/24/56, S3]
The department shall be responsible for the protection from
fire of life and property in the borough.
[Ord. #788, S1]
a.
At the first meeting of the mayor and council held in January of
each year, or at any time during the year where the mayor and council
shall deem it necessary, the mayor, with the advice and consent of
the council, shall from the members of the council appoint a fire
committee, and the mayor, with the advice and consent of the council,
shall designate a chairman thereof. The fire department shall be under
the control of this committee.
b.
The chairman of the fire committee shall be known as the fire commissioner
and the committee shall promulgate rules and regulations for the government
and conduct of the department, which rules and regulations shall be
subject to the approval of the mayor and borough council. The rules
and regulations shall provide for the administration and operation
of the department and shall prescribe the duties and rules governing
the conduct of the officers and personnel thereof and further provide
for such other matters as are deemed to be necessary, beneficial and
desirable for the conduct, operation and proper functioning of the
department.
(Ord. No. 1448, adopted 8-12-14, amended the Rules and Regulations
of the Bogota Fire Department. See Ord. No. 1448 for specific amendments.)
[Ord. 2/28/74, S5; New; Ord. #1028, S1; Ord. #1048, S1; Ord.
#1158, S2; Ord. #1257, S2; Ord. #1410; Ord. No. 1499]
a.
Membership in any volunteer fire company shall be open to all persons
under the age of eighty (80) who are eighteen (18) years or older
and who are able to perform the duties of volunteer firefighter, without
discrimination on the basis of an applicant's race, creed, color,
sex, age, national origin, ancestry, marital status, physical handicap,
or any other status that is protected by any applicable State or Federal
law, and who are otherwise qualified for membership as set forth in
this section. Those members between the ages of seventy (70) and eighty
(80) shall be restricted to all fire ground support apparatus operation
and other operational duties as deemed by the Fire Chief or Officer
in Charge that do not require the use of the Self Contained Breathing
Apparatus (SCBA).
[Ord. No. 1499]
b.
Each company shall establish objective qualifications for membership,
which relate directly and solely to the physical and technical ability
and character fitness of an applicant to perform the duties of volunteer
firefighter.
[Ord. No. 1499]
c.
There shall be three (3) classes of members:
1.
Regular members shall be bona fide residents of the Borough of Bogota.
2.
Nonresident active members shall be of two (2) classes:
(a)
Bona fide residents living within five (5) miles of the borders
of the borough. These members shall be known as regular nonresident
members.
(b)
Bona fide employees who work in the Borough of Bogota and are
available to respond to fire calls during the majority of the daylight
hours. These members shall be known as fire brigade members.
3.
Nonresident members and fire brigade members shall have the right
to participate in departmental rank and privilege as specified in
the rules and regulations of the Bogota Fire Department.
d.
Each company shall supply the borough clerk with membership application
forms, and the clerk shall distribute the forms to persons requesting
same, during normal business hours. The forms shall state that the
applications may be filed, either by personal delivery or by mail,
with the secretary or other designated officer of the company whose
mailing address shall appear on the application, or shall be on file
with the clerk.
e.
The secretary or other officer designated to receive applications
shall date each application with the time of receipt and shall number
the application according to its order of receipt relative to other
applications. He shall promptly send a letter or post card stating
the number of his application and the date and time it was received.
f.
Each company shall establish a membership committee consisting of
not more than fifteen (15) members, which shall be solely responsible
for evaluating and ruling upon applications for membership. It shall,
within sixty (60) days of receipt of an application by the company,
make a report to the company as to whether or not the applicant qualified
for membership. Its decision shall be binding on the company, and
no vote of the membership shall be conducted on the issue of whether
an applicant shall be admitted to membership.
g.
Applicants reported by the investigating committee to be qualified
for membership shall be admitted in the order in which their applications
were received as set forth in paragraph e of this subsection as soon
as vacancies exist. If at any time the number of applicants found
to be qualified exceeds the number of current vacancies, a waiting
list shall be established according to the order in which the applications
were received, and the appointments shall be made therefrom in that
same order.
h.
If the membership committee determines that an applicant does not
meet the minimum requirements for membership, the company's secretary
shall promptly advise the applicant in writing of the rejection and
the qualifications, in writing, described with particularity, which
he has not substantially met.
i.
Any company may require newly accepted applicants to serve a probationary
period of reasonable duration, not to exceed one (1) year. During
such period, and at the conclusion thereof, each probationary member
shall be evaluated solely by the officers of the company who supervise
him in the performance of his duties. They may cause the dismissal
of any member during his probationary period only for failure to perform
the established duties of a probationary member in a reasonably satisfactory
manner or other good cause, and may do so by notifying the probationary
member in writing of his rejection and the particular reason therefor.
At the end of the probationary period, the said supervising officers
shall determine whether or not the applicant has satisfactorily performed
the duties of probationary members. If he has, they shall promptly
recommend to the membership that he be admitted to full membership,
and their recommendation shall be binding on the company and he shall
be so admitted forthwith. If he has not, they shall promptly notify
the probationary member in writing of his rejection and the particular
reasons therefor. No vote of the membership shall be conducted on
the issue of whether any probationary member shall continue as a probationary
member or shall be admitted to full membership.
j.
Any member of a volunteer fire company shall be subject to penalty
or suspension by the fire committee for failure to comply with the
rules and regulations governing the department. Upon suspension a
member shall be accorded a hearing by the mayor and council following
which hearing the member shall be subject to dismissal from the department
for violation of its rules and regulations. Upon imposition of a penalty,
a member may appeal to the mayor and council, who shall conduct a
hearing and may approve or modify the penalty. Notice of any suspension
shall be transmitted in writing by the fire committee to the mayor
and council.
k.
Any volunteer firefighter who earns his State exemption shall be
reimbursed for the expense of purchasing his/her uniform.
[Ord. No. 1499]
l.
Each company shall supply the borough clerk with a notice that includes
the company's name, address, the names of its officers and members
and the dates of its regular organization meetings. This notice will
be submitted yearly and shall be posted by the clerk forthwith.
[Ord. 7/28/58, S6; Ord. #1448]
b.
The officers shall be members in good standing in the department
and shall be elected annually by members of the department at an election
to be held on the first Saturday in December. The election shall be
conducted in the manner prescribed in the department rules and regulations
and all elections shall be subject to confirmation by the mayor and
council.
The officers shall enter upon their duties on January 1st and
shall hold their office for the period of one (1) year.
c.
The officers of each volunteer fire company shall consist of line
and administrative officers. The line officers shall consist of captain,
first lieutenant and second lieutenant who shall be chosen in accordance
with the constitution and bylaws of each volunteer fire company. The
election of the line officers shall be subject to confirmation by
the mayor and council and no person elected as line officer shall
enter upon the performance of his duties until his election shall
have been confirmed. The administrative officers of each company shall
consist of:
d.
In the event of a vacancy occurring in any of the offices in the
volunteer fire company, said vacancy shall be filled in accordance
with the rules and regulations governing the conduct of said company.
[Ord. 5/24/56, S7; Ord. #1448]
a.
The fire chief shall be the chief executive officer of the department
subject to the direction and control of the commissioner. He shall
be responsible for the fire apparatus and equipment used by the department
and for the conduct, discipline and efficiency of the members of the
department. He shall see that the rules and regulations of the department
are properly enforced.
b.
The deputy fire chief shall perform the duties of the fire chief
in his absence and shall perform such other duties as shall be prescribed
in the rules and regulations of the department.
c.
The battalion chief shall perform the duties of the fire chief in
the event of his absence and the absence of the deputy fire chief
and shall perform such other duties as shall be prescribed by the
rules and regulations of the department.
d.
The fire chief shall be responsible for the enforcement of the laws,
rules and regulations concerning the prevention of fires and shall
have all of the powers and duties set forth under said rules, law
and regulations.
[Ord. 5/24/56, S8; Ord. #1448]
There is hereby created a board of fire officers which shall
consist of the chief of the fire department, the deputy chief, the
battalion chief and the captain of each company in the fire department,
together with the fire commissioner who is designated a member of
the board of fire officers ex officio.
[Ord. 5/24/56, S9]
The members of the volunteer fire company shall be responsible
for the operation and care of the fire apparatus and equipment of
the borough and shall observe all of the departmental rules and regulations
concerning the operation and care of such equipment.
a.
No member of the fire department shall drive any piece of equipment
of any company of the borough fire department unless he holds a license
for operating a motor vehicle under the rules of the State of New
Jersey and unless he shall have been designated as a driver by the
mayor and council.
b.
Each volunteer fire company shall immediately elect one (1) of its
members to the position of mechanic, which position shall be confirmed
by the mayor and council. The mechanic shall perform such duties as
shall be prescribed in the departmental rules and regulations.
[Ord. 1/10/63, S10]
a.
There shall be an annual inspection of each volunteer fire company
and its apparatus by the mayor and borough council. The inspection
shall be made during the chief's term of office at the convenience
of the chief. The inspection shall take place in front of the borough
hall.
b.
There shall be an annual inspection of the rubber goods of the department,
which inspection shall be conducted by the fire chief on the first
Monday of December at 8:00 p.m.
[Ord. 5/24/56, S11]
a.
The fire apparatus and equipment of the borough shall be used only
for the purposes of fire control, fire prevention, civil defense and
for the instruction of the members of the department and members of
the Civil Defense Corps.
The equipment may be used in parades or upon such other occasions
as shall be directed by the fire commissioner.
b.
The fire apparatus and equipment of the borough shall not be removed
from the borough except for the purpose of fire control, fire prevention,
instruction of the members of the department and in connection with
cover-up systems with other towns or with the consent of the fire
commissioner.
[Ord. 5/24/56, S12]
The mechanic of each volunteer fire company shall be compensated
in such amount as shall be provided for in the salary ordinance.
[Ord. #962, SI; Ord. #987, SI; Ord. #1202, S3]
The borough shall pay to each member of the volunteer fire department
a clothing allowance of no more than three hundred-fifty ($350.00)
dollars per year. The payment shall be made for the period beginning
on October 31 of the preceding year and ending on November 1 of the
current year. The payment shall be made on or about November 30 of
each year to the members who are eligible for reimbursement in accordance
with the bylaws and rules and regulations of the volunteer fire department.
The volunteer fire department's bylaws and rules and regulations shall
include performance-based criteria for the payment to active volunteer
fire department members of the clothing allowance, provided, however,
that the total of all clothing allowances paid to volunteer fire department
members shall not exceed the amount in the borough's budget for this
purpose. The total budget appropriation shall be based upon the number
of active members of the department as of January 1 of each year multiplied
by one hundred seventy-five ($175.00) dollars per member.
[Ord. #1217, S1]
Pursuant to N.J.S.A. 40A:14-95, there is hereby established
in the Borough of Bogota an auxiliary fire department of the borough,
to be known as the Bogota Junior Firefighter's Auxiliary, ("Auxiliary").
[Ord. #1217, S1]
The auxiliary shall have the following purposes:
[Ord. #1217, S1]
Pursuant to N.J.S.A. 40A:14-96, no person shall be eligible
for membership in the auxiliary who is less than fourteen (14) or
more than twenty-one (21) years of age. Persons under the age of eighteen
(18) years shall be required to obtain permission to join the auxiliary
from their parents or guardian. This permission shall be set forth
in writing and shall be acknowledged by a notary public of the State
of New Jersey.
[Ord. #1217, S1]
a.
The auxiliary shall consist of no more than twenty-five (25) members.
The members of the auxiliary shall elect a president, a vice president,
and a secretary who are to serve for a period of one (1) year.
b.
The fire chief shall supply the borough clerk with membership application
forms for the auxiliary and the clerk shall distribute the forms to
persons requesting same, during normal business hours. The forms shall
state that the applications may be filed, either by personal delivery
or by mail, with the fire chief or other designated officer whose
mailing address shall appear on the application, or shall be on file
with the clerk.
c.
The fire chief or other officer designated to receive applications
shall date each application with the time of receipt and shall number
the application according to its order of receipt relative to other
applications. He shall promptly send a letter or post card to the
applicant stating the number of the application and the date and time
it was received.
d.
The fire chief and the auxiliary liaison officer shall be the auxiliary
membership committee, which shall be solely responsible for evaluating
and ruling upon applications for membership. It shall, within sixty
(60) days of receipt of an application make a report as to whether
or not the applicant is qualified for membership. Its decision shall
be binding and no vote of the membership shall be conducted on the
issue of whether an applicant shall be admitted to membership.
e.
Applicants reported by the membership committee to be qualified for
membership shall be admitted in the order in which their applications
were received as set forth in paragraph c of this subsection as soon
as vacancies exist. If at any time the number of applicants found
to be qualified exceeds the number of current vacancies, a waiting
list shall be established according to the order in which the applications
were received, and the appointments shall be made therefrom in the
same order.
f.
If the membership committee determines that an applicant does not
meet the minimum requirements for membership, the fire chief shall
promptly advise the applicant in writing of the rejection and the
qualifications, described with particularity, which he or she has
not substantially met.
g.
Newly accepted applicants shall serve a probationary period of six
(6) months. During this period, and at the conclusion thereof, each
probationary member shall be evaluated solely by the chief and the
liaison officer who have supervised the member in the performance
of his or her duties. They may cause the dismissal of any member during
his or her probationary period only for failure to perform the established
duties of a probationary auxiliary member in a reasonably satisfactory
manner or other good cause, and may do so by notifying the probationary
member in writing of this rejection and the particular reason therefor.
At the end of the probationary period, the said supervising officers
shall determine whether or not the applicant has satisfactorily performed
the duties of probationary auxiliary members. If the applicant has,
they shall promptly recommend to the mayor and council that the applicant
be admitted to full membership in the auxiliary. If the applicant
has not, they shall promptly notify the probationary member and the
mayor and council in writing of this rejection and the particular
reasons therefor. No vote of the membership shall be conducted on
the issue of whether any probationary member shall continue as a probationary
member or shall be admitted to full membership in the auxiliary, and
no applicant shall be a member until approved by the mayor and council.
[Ord. #1217, S1]
a.
Pursuant to N.J.S.A. 40A:14-98, the mayor and council of the Borough
of Bogota hereby establishes as the rules and regulations to govern
the activities of the auxiliary the rules and regulations set forth
in revision #3 of the rules and regulations as proposed by the Bogota
Fire Department except as modified by this section, and any amendments
thereto, which shall be subject to the approval of the mayor and council.
b.
Pursuant to N.J.S.A. 40A:14-98, the following limitations shall be
imposed on the use of junior firefighters:
c.
Fire training for auxiliary members shall be in the form and frequency
as shall be ordered by the fire chief of the Borough of Bogota, who
is hereby empowered to supervise, regulate, and control the training
of the auxiliary members subject to the limitations imposed by law
and this section.
d.
The auxiliary members shall assist the fire department at alarms.
They shall attend their assigned company drills in addition to attending
normal drills, meetings, cleanups, and inspections.
e.
All members of the auxiliary shall be subject to the rules and regulations
of the Bogota Fire Department, where applicable, to the extent permitted
by the law and this section.
f.
Any member of the auxiliary who shall violate the rules and regulations
of the fire department or the auxiliary shall be subject to disciplinary
proceedings in the manner and form established for these purposes
for members of the fire department.
[Ord. #1217, S1]
Resignations from the auxiliary shall be forwarded to the mayor
and council for appropriate action.
[Ord. 8/28/47, S1; Ord. #949, S1]
Unless otherwise expressly stated the following terms shall
for the purpose of this section, have the meanings herein indicated:
Shall mean first aid and emergency squad.
Shall mean a first aid and emergency squad commissioner.
Shall mean first aid and emergency squad committee.
[Ord. 8/28/47, S2; Ord. #949, S2; Ord. #1319, S1]
The squad shall consist of all officers and other members who
are duly elected and/or appointed. The officers are: president, vice-president,
treasurer, recording secretary, corresponding secretary, chief, deputy
chief, captain, and lieutenant. The president, vice-president, recording
secretary, corresponding secretary, and treasurer shall oversee the
business affairs of the squad.
[Ord. #789, S1; Ord. #949, S3]
There shall be a committee appointed to be known as the squad
committee, to consist of three (3) members of the borough council
to be appointed annually by the mayor. The chairman of the committee
shall be known as the squad commissioner.
[Ord. 8/28/47, S4; Ord. #949, S4; Ord. #1391, S1]
All officers other than the lieutenants shall be elected annually
by the members of the squad in accordance with the procedures that
are set forth in the squad's bylaws. Lieutenants shall be appointed
annually by the chief.
[Ord. #850, S1; Ord. #833, S1; Ord. #949, S5; Ord. #1028,
S2]
a.
Membership in the squad shall be limited to fifty (50) members and
shall be open to all persons under the age of seventy (70) and who
are eighteen (18) years of age or older, and who are able to perform
the duties of first aid squad member, without discrimination on the
basis of an applicant's race, creed, color, sex, age, national origin,
ancestry, marital status, or physical handicap, or any other status
that is protected by any applicable State or Federal law, and who
are otherwise qualified for membership as set forth in this section.
b.
The squad shall establish objective qualifications for membership
which relate directly and solely to the physical and technical ability
and character fitness of an applicant to perform the duties of squad
member.
c.
The squad shall supply the borough clerk with membership application
forms, and the clerk shall distribute the forms to persons requesting
same, during normal business hours. The forms shall state that the
applications may be filed, either by personal delivery or by mail,
with the secretary or other designated officer of the squad, whose
mailing address shall appeal on the application, or shall be on file
with the clerk.
d.
The secretary or other officer designated to receive applications
shall date each application with the time of receipt and shall number
the application according to its order of receipt relative to other
applications. He shall promptly send a letter or post card to each
applicant stating the number of his application and the date and time
it was received.
e.
The squad shall establish a membership committee consisting of not
more than fifteen (15) members, which shall be solely responsible
for evaluating and ruling upon applications for membership. It shall,
within sixty (60) days of receipt of an application by the squad,
make a report to the squad as to whether or not the applicant is qualified
for membership. Its decision shall be binding on the squad, and no
vote of the membership shall be conducted on the issue of whether
an applicant shall be admitted to membership.
f.
Applicants reported by the investigating committee to be qualified
for membership shall be admitted in the order in which their applications
were received as set forth in paragraph d of this subsection as soon
as vacancies exist. If at any time the number of applicants found
to be qualified exceeds the number of current vacancies, a waiting
list shall be established according to the order in which the applications
were received, and the appointments shall be made therefrom in that
same order.
g.
If the membership committee determines that an applicant does not
meet the minimum requirements for membership, the squad's secretary
shall promptly advise the applicant in writing of the rejection and
the qualifications, described with particularity, which he has not
substantially met.
h.
The squad may require newly accepted applicants to serve a probationary
period of reasonable duration, not to exceed one (1) year. During
such period, and at the conclusion thereof, each probationary member
shall be evaluated solely by the officers of the squad who super-vise
him in the performance of his duties. They may cause the dismissal
of any member during his probationary period only for failure to per-form
the established duties of a probationary member in a reasonably satisfactory
manner or other good cause, and may do so by notifying the probationary
member in writing of his rejection and the particular reasons therefor.
At the end of the probationary period, the said supervising officers
shall determine whether or not the applicant has satisfactorily performed
the duties of probationary members. If he has, they shall promptly
recommend to the membership that he be admitted to full membership,
and their recommendation shall be binding on the squad and he shall
be so admitted forthwith. If he has not, they shall promptly notify
the probationary member in writing of his rejection and the particular
reasons therefor. No vote of the membership shall be conducted on
the issue of whether any probationary member shall continue as a probationary
member or shall be admitted to full membership.
i.
The squad shall supply the borough clerk with a notice that includes
the squad's name, address, the names of its officers and members,
and the dates of its regular meetings. This notice will be submitted
yearly and shall be posted by the clerk forthwith.
[Ord. 8/28/47, S6; Ord. #949, S6]
The names of all persons elected to membership in the squad
shall be presented to the mayor and council in writing signed by the
president and corresponding secretary of the squad.
[Ord. 8/28/47, S7; Ord. #949, S7]
All resignations and expulsions from the squad shall take the
same course as election and proposal to membership as above provided.
[Ord. 8/28/47, S8; Ord. #949, S8]
It shall be the duty of the captain to report monthly to the
mayor and council of the Borough of Bogota, the condition of all apparatus
and appurtenances of the squad, the number of calls attended during
the month, their location and such other information concerning the
same as may be required from time to time by the squad commissioner.
It shall be the duty of the president to report to the mayor and council
of the Borough of Bogota, regarding resignations, expulsions and elections
passed by the squad.
[Ord. 9/28/47, S9; Ord. #949, S9]
The president and captain will have the general supervision
of the squad, as defined in the squad bylaws when it is not in actual
duty, subject to control of the squad commissioner, and not in conflict
with such rules and bylaws for the government of the squad as may
from time to time be adopted by the members as herein provided.
[Ord. 8/28/47. S10; Ord. #949, S10]
The squad is hereby authorized and required from time to time
to adopt a code of bylaws and rules for the control, management and
government of the squad and for the regulation of the proceedings
and business of the squad which code of bylaws and rules after adoption
by such squad shall not become effective or operative until presented
to and approved by the mayor and council of the Borough of Bogota.
[Ord. 8/27/47, S11; Ord. #949, S11]
It shall be the duty of the captain to see that the automobile
apparatus and all appurtenances, equipment and supplies are in proper
condition and ready for immediate use at all times. The driver of
the apparatus shall be responsible for the same and its equipment
when answering calls and upon its return to headquarters.
[Ord. 8/28/47, S12; Ord. #949, S12]
It shall be the duty of the squad commissioner to appoint a
mechanic who shall be charged with the duty of maintaining the motor
apparatus, lights, etc., of the squad in good condition and ready
for immediate service at all times.
[Ord. 8/28/47, S13; Ord. #949, S13]
No member of the squad shall be permitted to tamper with the
motor apparatus or appurtenances or to fix or repair same, unless
so directed by the captain, or in his absence, the lieutenant, and
then only in the case of an emergency.
[Ord. 8/28/47, S14; Ord. #949, S14]
All requests for repairs and supplies for the use of the corps shall be presented to the mayor and council at the time of the monthly report mentioned in subsection 2-11.8 in this section, but in case any apparatus shall become so disabled that immediate repairs are necessary or any supplies are so diminished as to require immediate replenishment the captain shall immediately report the condition to the squad commissioner in order to have same repaired or replenished at once.
[Ord. 8/28/47, S15; Ord. #949, S15]
No person other than members of the squad or members of the
Bogota Police Department shall be allowed to handle any apparatus
or implements belonging to the squad.
[Ord. 8/28/47, S16; Ord. #949, S16]
No apparatus or equipment shall be left out for hire without
the consent of the squad committee.
[Ord. 8/28/47, S17; Ord. #949, S17]
The lieutenants by rank and vice-president will be in charge
when the captain or president are absent and shall assist those officers
in the performance of their duties as pre-scribed by this section.
[Ord. 8/28/47, S18; Ord. #949, S18]
The squad is hereby granted permission to use the fire alarm
system for an audible alarm in cases of emergency. The signal number
to be used shall be subject to the approval of the mayor and council
of the Borough of Bogota, and the board of fire officers.
[Ord. 8/28/47, S19; Ord. #949, S19]
Squads may be disbanded in the following manner:
a.
Upon written request to the mayor and council of a majority of the
duly qualified members of the squad, said squad may be disbanded by
order of the mayor and council of the Borough of Bogota.
b.
Should the mayor and council consider at any time that the interests
of the borough will be best served by the disbandment of the squad
they may do so at any regular meeting by a two-thirds (2/3) vote of
the mayor and council, thirty (30) days notice having previously been
given to the secretary of the squad and the members of the mayor and
council.
[Ord. #1054, S1; Ord. #1202, S1]
The borough shall pay to each member of the squad a clothing
allowance of no more than three hundred-fifty ($350.00) dollars per
year. The payment shall be made for the one (1) year period beginning
on October 31 of the preceding year and ending on November 1 of the
current year. The payment shall be made on or about November 30 of
each year to the members who are eligible for reimbursement in accordance
with the bylaws and rules and regulations of the squad. The squad's
bylaws and rules and regulations shall include performance-based criteria
for the payment to active squad members of the clothing allowance,
provided, however, that the total of all clothing allowances paid
to squad members shall not exceed the amount in the borough's budget
for this purpose. The total budget appropriation shall be based upon
the number of active squad members as of January 1 of each year multiplied
by one hundred seventy-five ($175.00) dollars per member.
[New]
a.
In accordance with the provisions of N.J.S.A. 40A: 9-135 there is
hereby created the position of deputy borough clerk of the borough.
b.
The deputy borough clerk shall be appointed by the mayor with the
advice and consent of the council for a term of one (1) year commencing
January 1st.
c.
The deputy borough clerk shall act as secretary and aide to the borough
clerk and during the absence, illness or vacation or disability of
the borough clerk, shall have all the powers of the borough clerk
and shall perform the duties and functions of said office; in addition,
the deputy borough clerk shall perform those duties of the borough
clerk delegated by the borough clerk with the consent of the mayor
and council.
d.
The deputy borough clerk shall be compensated in accordance with
the salary ordinance of the borough.
[Ord. 9/11/75]
Any person claiming payment from the borough shall first submit
a detailed statement of the items or demand necessitating such claim
to the responsible executive agency, specifying particularly how the
bill or demand is made up, and a certification of the party claiming
payment that it is correct. No bill, claim or demand shall be considered
for payment unless the voucher has attached to it (or includes) a
certification of a department head (or other municipal official responsible
for certain functions) or of his duly designated representative, having
personal knowledge of the facts that the goods have been received
by, or the services rendered to the borough, and that those services
or goods are consistent with any existing contract or purchase order.
The chief financial officer shall have the duty to audit, warrant
and make recommendations on all claims and bills.
[Ord. 9/11/75]
The bill or claim duly certified shall be presented to the borough
clerk for inclusion in the agenda of the next immediate formal meeting
of the borough council and it shall be the duty of the clerk to examine
all bills or claims submitted for payment in order to ascertain if
proper administrative procedures have been followed. All claims or
bills to be considered by the borough council shall be listed systematically
without preference and the list shall be made available to every member
of the council at least two (2) full days prior to formal action by
that body.
[Ord. 9/11/75]
Claims shall be considered by the borough council which shall
approve the same, except that the borough council may reject any claim
presented to it stating the reason for such rejection. Any disapproved
claim shall be referred back to the borough clerk with such instructions
as the borough council may give at the time of disapproval.
[Ord. 9/11/75]
It shall be the duty of the borough clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the borough council has by formal action approved
the same with appropriate record as to any claims disapproved or rejected.
All records pertaining to approved and disapproved bills or claims
shall be available for public inspection.
[Ord. 9/11/75]
The clerk shall certify that the claims have been approved and
then prepare the necessary checks for payment thereof, which checks
shall be signed by the mayor and thereafter signed by the treasurer
or other chief financial officer. After preparing checks for the payment
of claims, the clerk shall record them in proper books of account
and thereafter mail the checks to the claimants.
[Ord. #971, S1]
The office of the borough administrator of the Borough of Bogota
is hereby created in accordance with the provisions of N.J.S.A. 40A:9-136
et seq.
[Ord. #971, S2; Ord. #1058, SI]
a.
Appointment. The borough administrator shall be appointed by the
mayor with the advice and consent of council.
b.
Term. The borough administrator shall serve at the pleasure of the
governing body.
c.
Absence, disability. During the absence or disability of the administrator,
the mayor and council may, by resolution, appoint an officer or regular
employee of the borough to perform the duties of the administrator
during such absence or disability. Such absence or disability shall
be limited to three (3) consecutive months. Upon expiration of said
three (3) months, the governing body will review the circumstances
of the absence, and if in its discretion finds that an extension of
such time would be in the best interests of the borough, it could
increase such period of time by a duly adopted resolution.
d.
Removal. The borough administrator may be removed by way of a resolution
approved by a two-thirds (2/3) vote of the full membership of the
governing body. The resolution of removal shall become effective three
(3) months after its adoption by the governing body. The governing
body may provide that the resolution shall have immediate effect;
provided, however, that the governing body shall cause to be paid
to the administrator forthwith any unpaid balance of his salary and
his salary for the next three (3) calendar months following adoption
of the resolution.
[Ord. #971, S3]
The borough administrator shall receive as salary such sums
as may be fixed and adopted by the salary ordinance of the Borough
of Bogota.
[Ord. #971, S4]
a.
The borough administrator shall be chosen solely on the basis of
executive and administrative abilities and qualifications.
b.
No elected members of the governing body may receive such appointment
as administrator during the member's normal term of office, or within
three (3) years after the normal expiration of the member's normal
term of office, except for the possibility of interim appointment
to fill an absence or vacancy - not to exceed ninety (90) days.
[Ord. #971, S5]
The administrator shall be the chief administrative officer
of the Borough of Bogota and shall be responsible to the governing
body as a whole for the proper and efficient administration of the
business affairs of the borough. The administrator's duties and responsibilities
shall relate to the management of all borough business, except those
duties and responsibilities conferred upon the borough officials by
State statute, ordinance, other applicable laws, rules and regulations
promulgated by State and County agencies or such as the governing
body may reserve itself through this chapter.
[Ord. #971, S6; Ord. #1461]
a.
The borough administrator shall act as the chief administrative officer
of the borough. The administrator's duties shall include the development
of rules and regulations for administrative procedures governing purchasing
practices, operations of all departments, personnel management and
general coordination of departments, offices, boards and agencies
of the borough, all for the purpose of increasing the efficiency of
the borough government and promoting its economic and responsive operation.
b.
The administrator shall perform the duties hereinafter enumerated
and such other duties as may be assigned by the governing body. The
administrator's entire time and effort shall be devoted to the performance
of the duties and functions of the position of administrator, and
the administrator shall not engage in any other occupation or employment
while employed by the borough, unless said position of employment
is clearly delineated in the administrator's employment contract,
and accepted by the mayor and council; provided, however, that this
section shall not prevent the borough administrator from concurrently
holding the positions of borough financial administrator, chief financial
officer, borough treasurer and custodian of the funds for the Bogota
School District so long as the governing body approves the same. The
administrator shall:
1.
Represent the borough and assert its proper interests in relation
to the State and other political subdivisions, and with respect to
borough contracts and franchises;
2.
Attend all regular monthly meetings of the governing body and work
and agenda sessions for those meetings, with the right to speak but
not vote on all agenda items, and attend other meetings as directed
by the governing body, and shall receive notice of all special meetings
of the governing body and all advisory committees, boards, commissions
and other agencies of the borough; keep the governing body informed
as to the conduct of the borough affairs; shall submit other reports
either in writing or orally, as the governing body shall request;
and make recommendations to the governing body necessary and advisable
for the welfare of the borough. The administrator shall submit to
the governing body, as soon as possible after the close of the fiscal
year, a complete written report on the administrative activities of
the borough for the preceding year;
3.
See that provision of all franchises, leases, permits and privileges
granted by the borough are compiled with and provide periodic reports
on said compliance upon request;
4.
Study the governmental and administrative operations and needs of
the borough and prepare and recommend to the governing body necessary
and desirable plans and programs to meet present and foreseeable needs;
5.
Develop, prescribe and enforce rules and regulations for the efficient
management of the borough government, for the avoidance of any duplication
or overlapping of effort among the departments or among the units
within a department and for the improvement of methods and procedures
of administration;
6.
Respond to public inquiries that address the operation of the borough
government;
7.
Be responsible for the administration of the budget after its adoption
by the governing body and the implementation of the work programs
contained in the budget;
8.
Oversee the execution and enforcement of the laws of the State of
New Jersey and ordinances and resolutions of the governing body;
9.
Receive copies of all general and official correspondence addressed
to the Borough of Bogota and see that they are referred to the appropriate
officer or department for disposition and reply;
10.
Integrate and coordinate the functions of all departments, boards,
agencies, offices and officials and maintain liaison with the borough
school system and the Bogota School District. The administrator shall
be responsible for continually improving communications among the
various borough personnel, departments, agencies, boards, and the
governing body;
11.
Recommend the employment of experts and consultants to perform work
and render advice in connection with borough projects;
12.
At the request of the governing body, inspect the duties and responsibilities
of any elected or appointed official and department of the borough,
submitting a report relating thereto to the governing body for such
further action as the governing body may deem advisable in such instance.
This subsection shall not apply to members of the governing body;
13.
Attend to the letting of contract, in due form of law, and supervise
their performance and faithful execution except insofar as such duties
are expressly imposed upon some other Borough officer or official
by statute. The Administrator shall execute all contracts made on
behalf of the Council when the Mayor is unavailable to execute such
contracts. The Administrator shall also be permitted to enter into
and execute any contract on behalf of the Borough which shall fall
below the bid threshold as established by the Local Public Contract
Law, N.J.S.A. 40A:11-1 et seq.
14.
See that all money owed by the borough is promptly paid and that
proper proceedings are taken for the security and collection of all
the borough claims;
15.
Perform such other duties as may be required by the governing body
consistent with law.
[Ord. #971, S7]
The administrator shall supervise all personnel of the borough
through the respective department heads and direct the business activities
of all borough departments, including the direction of central purchasing
and recommending to the mayor and council the employment and replacement
of personnel as may be required in said departments within the limits
prescribed by the budget and as hereinafter provided. The administrator
shall:
a.
Have all residential complaints regarding services or personnel of
the borough referred to the office of the administrator. The administrator
or an officer designated by the administrator shall investigate and
dispose of such complaints, and the administrator shall keep written
record of such complaints, and when and what action was taken in response
thereto and provide the governing body with a copy thereof when requested
so to do.
b.
Study, recommend, implement and enforce the financial procedures
and policies of the borough and its departments after consultation
with department heads and approval of the governing body.
c.
Establish and maintain sound working personnel and administrative
rules, regulations and practices, and appropriate records and reports,
subject to such policies as may be established from time to time by
employee contracts.
d.
Require the various departments of the borough to furnish annually
an adequate inventory of all equipment, materials and supplies in
stock and recommend the sale of any surplus or obsolete equipment,
materials and supplies.
e.
Ensure that there is an up-to-date and coordinated filing system
for all borough departments, offices, boards and agencies.
f.
Negotiate contracts for the borough upon request of the governing
body and subject to the approval of the governing body.
g.
See that all terms and conditions imposed in favor of the borough
or its inhabitants in any statute or contract are faithfully kept
and performed and, upon knowledge of any violation, call the same
to the attention of the governing body.
h.
Make any recommendations which may increase the efficiency of the
operation of the borough.
i.
Continually review and supervise the borough's insurance program.
j.
Be responsible for the overall supervision and maintenance of real
property owned by the borough, except as modified through delegation
by the governing body or ordinance to autonomous boards of commissions.
k.
Assign office space, furniture and facilities among and within departments.
[Ord. #971, S8]
a.
The administrator shall be the purchasing officer of the borough
and shall purchase, or supervise the purchase of, in accordance with
the provisions of the governing statutes and sound purchasing practices,
all materials, supplies, and equipment of various agencies, boards,
departments and other offices of the borough. The administrator shall
keep or cause to be kept an account of all purchases and shall, from
time to time or when directed by the governing body, make a full report
thereof. The administrator shall:
1.
Establish rules, regulations, standards and specifications to control
all purchases by the borough and recommend to the governing body such
standards as to quality, size and variety of articles, equipment and
supplies used by the offices and departments of the borough, to make
possible uniform purchasing practices;
2.
Ensure that all purchases are at the most favorable price to the
borough;
3.
See to it that the materials, equipment, services or supplies delivered
are correct in number or amount and comply with the standards and
specifications prescribed by the governing body as agreed to at the
time of purchase.
b.
The administrator shall review all bills and vouchers for payment
prior to final approval by the governing body and shall establish
procedures associated with the voucher process.
c.
The administrator shall have no interest, directly or indirectly,
in any contract job for work or materials, or the profits thereof,
to be furnished to or performed for the borough.
[Ord. #971, S9]
a.
The administrator shall serve as the personnel officer of the borough,
and as such, shall recommend to the mayor and council the hiring and
promoting of employees of the borough subsequent to satisfactory completion
of a probationary period and shall recommend advancement of such employee
to the next step, and when he deems it necessary or advisable for
the betterment of the borough, shall recommend to the mayor and council
the suspension or discharge of employees, provided that persons shall
be promoted, hired, suspended or discharged only in accordance with
the applicable statutes of this State.
b.
The administrator shall also design and implement a program for employee
evaluations, promotions and advancements for approval by the mayor
and council.
[Ord. #971, S10]
a.
In preparation for the annual borough budget to be proposed to the
council for adoption, the administrator or an officer designated by
the administrator shall obtain from the head of such department, committee,
board, commission, agency or officer estimates of revenues and expenditures
and other supporting data as requested. Said data is to be supplied
by November 1, with copies distributed to the governing body prior
to the public budget hearings.
b.
The administrator shall prepare and compile budget studies, analyses
and schedules; assist in the conduct of public, departmental, board,
committee and commission budget hearings during the months of November
and December in each year; and otherwise assist the mayor and council
in such manner as they shall require in the preparation of the annual
borough budget. The administrator shall help draft an explanatory
budget message, including a comparison of prior years appropriations
and expenditures and an analysis of the proposed expenditures. Upon
adoption of the budget, current accounts of the expenditures made
shall be kept on a monthly basis based upon the supplemental detail
of the adopted budget. The administrator shall maintain a continuing
review and analysis of budget operation, work process and costs of
municipal services.
c.
The administrator shall prepare the temporary budget for presentation
at the January Organization meeting of the governing body.
d.
Upon request, and as requested, the administrator shall assist the
borough council in the development of the capital improvement plan.
[Ord. #971, S11]
Nothing in this chapter shall derogate from or authorize the
borough administrator to exercise the powers and duties of the elected
and appointed officials of the borough.
[Ord. #971, S12]
All ordinances, codes or parts of same inconsistent with any
of the provisions of this section, are hereby repealed to the extent
of such inconsistency.
[Ord. #900, SI]
This section shall be known and may be cited as "The Auxiliary
Police Ordinance of the Borough of Bogota."
[Ord. #900, SI; Ord. #1071, SI; Ord. #1263, S2; Ord. #1298,
S1; amended 12-26-2019 by Ord. No. 1536]
a.
The Auxiliary Police shall consist of members who, at the time of
their application, maintain a bona fide residence in the Borough.
Notwithstanding this requirement, residents of the City of Hackensack,
the Township of Teaneck, and the Village of Ridgefield Park may also
serve as members.
b.
Membership in the Auxiliary Police shall otherwise be open to all
persons between the ages of 18 and 70 who are able to perform the
duties of an Auxiliary Police member, without discrimination on the
basis of an applicant's race, creed, color, sex, age, national origin,
ancestry, marital status, physical handicap, or any other status that
is protected by any applicable state or federal law, and who are otherwise
qualified for membership as set forth in this section. In addition,
members shall:
1.
Be a United States citizen or an alien authorized to work in the
United States, and;
2.
Be able to satisfy the objective qualifications for membership that
are established by the Auxiliary Police bylaws, which shall relate
directly and solely to the physical and technical ability and character
fitness of an applicant to perform the duties of an Auxiliary Police
member.
c.
The Auxiliary Police Captain shall supply the Borough Administrator
and Clerk with membership application forms, and the Administrator
and Clerk shall then distribute the forms to persons requesting same,
during normal business hours. The forms shall state that the applications
may be filed, either by personal delivery or by mail, with the designated
officer, whose mailing address shall appear on the application or
shall be on file with the Borough Administrator or Clerk.
d.
The designated officer shall date each application with the time
of receipt and shall number the application according to its order
of receipt relative to other applications. The designated officer
shall promptly send a letter or post card stating the number of the
application and the date and time it was received.
e.
The Auxiliary Police shall establish a membership committee consisting
of not more than five members, which shall be solely responsible for
evaluating and ruling upon applications for membership in the Auxiliary
Police. It shall, within 60 days of the receipt of an application,
make a report to the Captain whether or not the applicant is qualified
for membership. This recommendation shall be binding on the Auxiliary
Police and no vote of the membership shall be conducted on the issue
of whether an applicant shall be admitted to membership.
f.
Applicants reported to the Mayor and Council to be qualified for
membership shall be admitted in the order in which their applications
were received.
g.
If the Auxiliary Police Membership Committee determines that an applicant
does not meet the minimum requirements for membership, the Auxiliary
Police Captain shall promptly advise the applicant in writing of the
rejection and the qualifications, described with particularity, which
the applicant has not substantially met.
h.
All appointments to and terminations from the organization shall
be submitted to the Mayor and Council for its review and approval.
[Ord. #900, SI]
The committee and commissioner appointed in compliance with
Chapter XXIII, "Police Department," of the Revised General Ordinances
of the Borough of Bogota shall also serve as committee and commissioner
for auxiliary police.
[Ord. #900, SI]
The election of officers of the ranks as prescribed by the by-laws
shall be conducted in accordance with said by-laws. The elections
shall be confirmed by the mayor and council.
[Ord. #900, SI]
Auxiliary police equipment shall be used by members of the organization
only in the official performance of their duties.
All requisitions for equipment shall be made to and approved
by the chief of police.
Nothing in this section shall be construed to authorize or permit
members of the auxiliary police to utilize or carry firearms in the
performance of their duties hereunder.
[Ord. #900, SI; Ord. #1263, S1]
The auxiliary police shall conduct all meetings in accordance
with the bylaws and rules and regulations, as well as all mandates
required by all applicable laws, rules, regulations, executive orders,
and all other applicable standards and mandates regarding auxiliary
police.
[Ord. #900, SI]
It shall be the duty of the captain of the auxiliary police
to provide a monthly report of the organization activities to the
chief of police who shall report to the commissioner. Such report
shall include all details and assignments of the organization as well
as any personnel changes within the organization.
[Ord. #900, SI]
The auxiliary police are hereby authorized and required to adopt
a code of bylaws and rules for the control, management, and government
of the squad for the regulation of the procedures and business of
the squad. Such bylaws shall not be effective until approved by the
mayor and council.
[Ord. #900, SI]
The auxiliary police shall operate under the authority and supervision
of the chief of police who shall represent them. The chief of police
may designate one (1) officer from the police department to act as
his liaison to the auxiliary police.
[Ord. #900, SI]
The auxiliary police shall assist the police department in compliance
with State and Federal Statute as well as the orders, rules and regulations
of the governor, under the direction of the chief of police.
[Ord. #1054, SII; Ord. #1262, S1]
The borough shall pay to each member a clothing allowance of
no more than three hundred fifty ($350.00) dollars per year. The payment
shall be made for the one (1) year period beginning on October 31
of the preceding year and ending on November 1 of the current year.
The payment shall be made on or about November 30 of each year to
the members who are eligible for reimbursement in accordance with
the bylaws and rules and regulations of the auxiliary police. These
bylaws and rules and regulations shall include performance-based criteria
for the payment to active members of the clothing allowance; provided,
however, that the total of all clothing allowances paid to auxiliary
police members shall not exceed the amount in the borough's budget
for this purpose. The total budget appropriation shall be based upon
the number of active auxiliary police members as of January 1 of each
year multiplied by one hundred seventy-five ($175.00) dollars per
member.
[Ord. #900, SI]
This section shall be known and may be cited as "The Bogota
Rescue Squad Ordinance of the Borough of Bogota."
[Ord. #900, SI; Ord. #941, S1; amended by 3-1-2018 by Ord. No. 1505]
This volunteer organization shall consist of not more than 20
members. Such members shall be between the ages of 18 years of age
and 80 years of age, citizens of the United States of America, meet
an eligibility criteria prescribed in the bylaws, comply with applicable
statutory regulations, and be approved for membership pursuant to
the bylaws of the rescue squad.
[Ord. #900, SI]
There shall be a committee appointed to be known as the squad
committee, to consist of three (3) members of the borough council
to be appointed annually, or at any time during the year when the
mayor and council shall deem it necessary. The mayor, with the advice
and consent of council, shall designate a chairman thereof. The chairman
of the committee shall be known as the squad commissioner.
[Ord. #900, SI]
The election of officers shall be conducted in accordance with
squad bylaws and shall be confirmed by the mayor and council.
[Ord. #900, SI; Ord. #941, SI]
Rescue squad equipment shall be used by members of the squad
in the performance of their duties.
All requisitions for equipment shall be made in accordance with
any regulations set forth by the governing body of the Borough of
Bogota.
Nothing in this section shall be construed to authorize or permit
members of the rescue squad to utilize or carry firearms in the performance
of their duties hereunder.
[Ord. #900, SI]
The rescue squad shall conduct one (1) business meeting and
one (1) training meeting per month as designated by the organization
bylaws.
[Ord. #900, SI; Ord. #941, S1; Ord. #1321, S1]
It shall be the duty of the chief of the rescue squad to provide
a quarterly report of the squad activities to the squad commissioner.
Such report shall contain all the details and assignments of the squad
as well as any changes in personnel within the organization.
[Ord. #900, SI]
The rescue squad is hereby authorized and required to adopt
a code of bylaws and rules for the control, management and government
of the squad for the regulation of the procedures and business of
the squad. Such bylaws shall not be effective until approved by the
mayor and council.
[Ord. #1321, S1]
The rescue squad shall operate under the authority and supervision
of the chief of the rescue squad, who shall represent the squad.
[Ord. #900, SI; Ord. #941, S1]
The rescue squad shall respond to all emergency situations when
requested by the police department and provide for the protection
of life and property in that capacity. The rescue squad shall comply
with all statutory regulations under the State and Federal laws.
[Ord. #1025, S1; Ord. #1054, SIII; Ord. #1202, S2]
The borough shall pay to each member of the squad a clothing
allowance of no more than three hundred fifty ($350.00) dollars per
year. The payment shall be made for the one (1) year period beginning
on October 31 of the preceding year and ending on November 1 of the
current year. The payment shall be made on or about November 30 of
each year to the members who are eligible for reimbursement in accordance
with the bylaws and rules and regulations of the squad. The squad's
bylaws and rules and regulations shall include performance-based criteria
for the payment to active squad members of the clothing allowance,
provided, however, that the total of all clothing allowances paid
to squad members shall not exceed the amount in the borough's budget
for this purpose. The total budget appropriation shall be based upon
the number of active squad members as of January 1 of each year multiplied
by one hundred seventy-five ($175.00) dollars per member.
[Ord. #968, S1]
The mayor and council of the Borough of Bogota do hereby establish
the position of chief financial officer of the Borough of Bogota.
[Ord. #968, S2]
Compensation for such official shall be established by the mayor
and council in accordance with law, at such time as this position
shall be filled and the appropriate salary ordinance is adopted.
[Ord. #968, S3]
The duties, responsibilities and qualifications of such office
shall be as is provided by Chapter 110 of the Public Laws of 1988,
N.J.S.A. 52:27BB-26, et seq., and by N.J.S.A. 40A:9-140.1 et seq.
and as otherwise provided by the mayor and council of the Borough
of Bogota.
[Ord. No. 1500]
The mayor and council of the Borough of Bogota do hereby establish
the position of payroll and finance specialist.
[Ord. No. 1500]
Compensation for such official shall be established by the mayor
and council in accordance with law, at such time as this position
shall be filled and the appropriate salary ordinance is adopted.
[Ord. No. 1500]
The duties, responsibilities and qualifications of such office
shall be as is provided by the mayor and council of the Borough of
Bogota.
[Ord. #1001, SI]
The office of the zoning officer of the Borough of Bogota is
hereby created.
[Ord. #1001, SII]
Appointments to the office of the zoning officer shall be made
by the mayor, subject to the confirmation by the council of the Borough
of Bogota. The term of office shall be one (1) year, which term shall
expire on December 31, of each year. A vacancy in the office shall
be filled by the mayor, subject to confirmation by the council, for
the unexpired term only.
[Ord. #1001. SIII]
a.
It shall be the duty of the zoning officer to enforce and administer
the provisions of the zoning ordinances of the Borough of Bogota,
and pursuant to that duty to:
1.
Discover and ascertain the existence of any violations of the zoning
ordinance.
2.
Investigate, and inspect any alleged violations of the zoning ordinances
of the Borough of Bogota, that are within his knowledge or coming
to this attention. In this regard, the zoning officer shall, upon
due and proper notice, have the right to enter any building or premises
during the daytime if necessary to properly execute his duties.
3.
To prevent further or continued violations of the zoning ordinances
of the Borough of Bogota which are known by him to exist, and by every
lawful means cause the violators to cease and desist from committing
such further violations.
4.
To prosecute violations of the local zoning ordinance of the Borough
of Bogota in the manner provided by State, County or Municipal Law
as hereafter may be amended.
b.
Whenever any building or structure is erected, constructed, altered,
repaired, converted, used or maintained within the borough, it shall
be the duty of the zoning officer to ascertain that the same is done
in accordance with the provisions of the local zoning ordinance of
the Borough of Bogota and not in violation thereof; and whenever any
building or structure is so erected, constructed, altered, repaired,
converted, used or maintained contrary to, or any land is used in
violation of any provision thereof, it shall be the duty of the zoning
officer to proceed with the enforcement of the manner herein provide
and as otherwise provided by law. The zoning officer is hereby further
authorized and empowered to institute and maintain any further statutory
legal actions and proceedings for the enforcement hereof, now existing
or heretofore or hereafter provided, which may be available to him.
[Ord. #1001, SIV]
Whenever the zoning officer shall ascertain that any of the
provisions of the local zoning ordinance are being violated, the zoning
officer shall:
a.
Promptly notify in writing the person who is committing such violation
to cease and desist from continuing such violation. This written notice
shall specify the nature of the violation found to exist, the remedy
ordered and the time permitted for the action. If such violation consists
of the construction or erection of an illegal building or structure,
the zoning officer shall order the same demolished and the site cleaned
or the building or structure removed. If such violation consists of
an illegal alteration or conversion of an existing building or structure,
he shall order such building or structure restored to a conformed
condition. Aforesaid writing shall also notify the violator of the
penalties which may be invoked by the borough and the violators rights
of appeal as provided for within said ordinances.
b.
Sign and file a municipal court complain in the manner prescribed
by law. The zoning officer shall also institute further proceedings
in the superior Court when, in his opinion, the same are warranted,
to enjoin said violation and to effect discontinuance thereof. Nothing
herein shall prevent any person other than the zoning officer from
instituting a complaint for any violation of the local zoning ordinance
in the manner prescribed by law.
[Ord. #1001, SV]
In the enforcement of this section the zoning officer may apply
to the judge of the municipal court of the Borough of Bogota for a
warrant or warrants to search and inspect the properties and premises
upon which he has reason to believe based on probable and/or actual
cause that a violation of this chapter has taken or is taking place,
and upon probable cause shown, the judge may issue such warrants in
the manner authorized by law; and the information obtained pursuant
thereto shall be admissible as evidence in any court of competent
jurisdiction for the purposes of proving any case brought for violation
of this chapter.
[Ord. #1001, SVI]
In addition to the duty of enforcement of the local zoning ordinance
and prosecuting the violations thereof, the zoning officer shall:
a.
Make an inspection of every parcel of land, building or structure
for which an occupancy or land use permit is requested prior to the
issuance of such permit, in order to ascertain that said occupancy
or use will comply with every standard, regulation, and requirement
of the local zoning ordinance for such occupation and use.
b.
After proper inspection and investigation, issue land use permits
and certificates of occupancy in appropriate instances and within
his jurisdiction.
c.
Report to the Planning Board/Zoning Board of Adjustment with respect
to matters which are properly before the board, and otherwise conduct
investigations, report to and be responsible to the mayor and council
with respect to matters pertaining to the zone plan and the local
zoning ordinance and otherwise within his jurisdiction.
[Amended by Ord. No. 11-2]
d.
Maintain a permanent record of all matters considered and all action
taken by him. These records shall be available for use by the council
and other officials of the borough, County and State. The records
to be maintained shall include at least the following:
[Amended by Ord. No. 11-2]
1.
Application files. An individual permanent file of each application
for a permit provided for by this section shall be established at
the time the application is made. The file shall contain one (1) copy
of the application and all supporting documents, maps and plans as
well as notations regarding pertinent dates and fees. One (1) copy
of the resolution of the Planning Board/Zoning Board of Adjustment
in acting on an application and the date the permit applied for was
issued or denied by the zoning officer shall also be contained in
this file.
2.
Monthly report. The zoning officer shall prepare a monthly report
(of his activities) for the council. This report shall cite all actions
taken by the zoning officer including all referrals made by him, as
well as the action(s) taken by him. A copy of the monthly report shall
be filed with mayor and council of the Borough of Bogota, and same
shall be transmitted by the zoning officer to the tax assessor and
Planning Board/Zoning Board of Adjustment at the time such report
is filed with the mayor and council.
[Ord. #1191, S1]
The Environmental Commission of the Borough of Bogota is hereby
established, pursuant to the authority of N.J.S.A. 40:56A-1 et seq.
The environmental commission is established for the protection, development,
and use of natural resources, including water resources, located within
the territorial limits of the borough, and for all other purposes
as authorized by State law.
[Ord. #1119, S1]
a.
The commission shall consist of not less than five (5) and not more
than seven (7) members appointed by the mayor. All commission members
shall be residents of the borough and shall serve without compensation.
b.
One (1) of the members shall be a member of the Bogota Planning Board/Zoning
Board of Adjustment.
[Amended by Ord. No. 11-2]
c.
Associate members (people who serve as technical advisors) may be
appointed by the mayor but shall not have a vote and need not be residents
of the borough.
d.
The mayor shall designate one (1) of the members to serve as chairman
and presiding officer of the commission.
[Ord. #1119, S1]
a.
The full term of office of each commissioner shall be three (3) years;
provided, however, that the terms of the commissioners first appointed
pursuant to this section shall be as follows: two (2) members shall
be appointed for one (1) year; two (2) members shall be appointed
for two (2) years; and one (1) member shall be appointed for three
(3) years. Thereafter, the successor of each member shall be appointed
for the full term of three (3) years and until the appointment and
qualification of his or her successor.
b.
A vacancy occurring otherwise than by an expiration of a term shall
be filled for the unexpired term only by the mayor's appointment.
c.
The mayor may remove any member of the commission for cause, on written
charges served upon the member and after a hearing on the charges.
At the hearing the member shall be entitled to be heard in person
or by counsel.
[Ord. #1119, S1]
The environmental commission shall have the following duties:
a.
To conduct research into the use and possible use of the open land
areas of the borough.
b.
To coordinate the activities of unofficial bodies organized for similar
purposes.
c.
To advertise, prepare, print, and distribute books, maps, charts,
plans, and pamphlets which in its judgment it deems necessary for
its purposes, within the limits of funds appropriated to the commission.
d.
To keep an index of all open areas, publicly and privately owned,
including open marshlands, swamps, and other wetlands, in order to
obtain information on the proper use of such areas.
e.
To recommend from time to time to the Planning Board/Zoning Board of Adjustment plans and programs for inclusion in the master plan of the borough for the development and use of the areas indexed pursuant to subsection 2-19.4d.
[Amended by Ord. No. 11-2]
f.
To study and make recommendations concerning open space preservation,
water resources management, air pollution control, solid waste management,
noise control, soil and landscape protection, environmental appearance,
marine resources, and protection of flora and fauna of the borough.
g.
To do such other acts and things as are reasonably related to and
designed to carry out the purposes and objectives of the commission,
including, without limitation, the payment of such clerks or other
employees as the commission may from time to time require, within
the limits of the funds appropriated to the commission.
h.
To keep records of the meetings and activities of the commission
and to make an annual report to the mayor and council.
[Ord. #1119, S1; amended by Ord. No. 11-2]
Subject to the prior approval of the mayor and council and after
favorable recommendation by the Planning Board/Zoning Board of Adjustment,
the environmental commission may acquire property, both real and personal,
in the name of the borough, by gift, pledges, grants, bequests, devises,
or lease, for any of the purposes of the commission, and it shall
administer the same for such purposes, subject to the terms of such
conveyance or gift. The interest so acquired may be the fee or any
lesser interest, development right, easement (including a conveyance
on conditions, or with limitations or reversions), as may be necessary
to acquire, maintain, improve, protect, and limit the future use of
or otherwise conserve and properly utilize open spaces and other land
and water areas in the borough.
[Ord. #1403]
a.
There is hereby created the position of purchasing agent for the
Borough of Bogota.
b.
The purchasing agent shall be appointed by the mayor and council.
c.
The purchasing agent shall possess a valid qualified purchasing agent
certificate, as issued by the New Jersey Division of Local Government
Services, Department of Community Affairs.
d.
The purchasing agent shall have, on behalf of the Borough of Bogota,
the authority, responsibility and accountability for the purchasing
activity pursuant to Local Public Contracts Law (N.J.S.A. 40A:11-1
et seq.); to prepare public advertising for bids and to receive bids
and requests for proposals for the provision or performance of goods,
services and construction contracts; to award contracts pursuant to
New Jersey law in accordance with the regulations, forms and procedures
promulgated by State regulatory agencies and conduct any activities
as may be necessary or appropriate to the purchasing function of the
Borough of Bogota.
e.
The qualified purchase agent is authorized to award contracts in
accordance with N.J.S.A. 40A:11-1 et seq., the Local Public Contracts
law, as amended from time to time.
[Ord. #1144, S1]
The position of civilian police dispatcher is hereby created
in the Borough of Bogota.
[Ord. #1144, S1]
a.
The council shall appoint all civilian police dispatchers, with consideration given to the recommendation of the chief of police. All appointments are conditioned upon the satisfactory completion of the training as set forth in subsection 2-21.3c.
b.
The term of employment for civilian police dispatchers shall be for
one (1) year, beginning on the date of the initial appointment, and
terminating on December 31 of the same year of the initial appointment.
For any subsequent year appointments, the term of employment shall
be from January 1 to December 31 each year of reappointment.
[Ord. #1144, S1]
a.
To be eligible for appointment as a civilian police dispatcher, a
person shall:
1.
Be a United States citizen or an alien authorized to work in the
United States, and a resident of the State of New Jersey. Bogota residents
will have preference for hiring purposes.
2.
Be of good moral character; be able to read, write, and speak the
English language sufficiently to perform the duties of the position.
b.
Each appointee shall be sworn to faithful performance of the required
duties.
c.
Applicants or new appointees to the position shall complete a period
of pre-assignment training of such nature and duration as the chief
of police shall find necessary to the performance of the required
duties.
[Ord. #1144, S1]
The duties of the civilian dispatchers are as follows:
a.
Answer incoming telephone calls.
b.
Where appropriate, inform and dispatch police officers and other
emergency personnel to respond to a particular matter.
c.
The duties of the civilian dispatchers may be altered or changed
under the directive of the chief of police, as approved by the mayor
and council.
[Ord. #1144, S1]
Civilian police dispatchers shall:
a.
Adhere to and be governed by all the rules and regulations laid down
for the guidance of the police department members, insofar as such
rules and regulations are applicable to and consistent with the duties
prescribed for civilian police dispatchers .
b.
Comply with all other applicable ordinances, rules and regulations
adopted by the mayor and council, and
c.
Be governed by all of the contents of the borough's employee manual,
where applicable.
[Ord. #1144, S1]
Civilian police dispatchers shall not be a part of nor in any
way be deemed members of the Police Department of the Borough of Bogota.
[Ord. #1144, S1]
Each civilian police dispatcher shall be provided with and wear
a uniform prescribed by the mayor and council in consultation with
the chief of police. The uniform shall include a suitable identifying
patch and badge, which shall be different from the patch and badge
worn by members of the police department.
[Ord. #1144, S1]
The mayor and council shall have the authority to summarily
dismiss any civilian police dispatcher for any reason the mayor and
council deem sufficient. The chief of police shall have the authority
to discipline, suspend, and to recommend dismissal of a civilian police
dispatcher, whenever it is found to be in the best interest of the
borough.
[Ord. #1144, S1]
The terms of compensation for the civilian police dispatchers
shall be as set forth in the borough's General Salary Ordinance.
[Ord. #1172, S1]
The following words and terms, as used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
Shall mean the Americans with Disabilities Act, 42 U.S.C.A.
§ 12101 et seq.
Shall mean the Borough of Bogota.
Shall mean the Mayor and Council of the Borough of Bogota
or its designee.
[Ord. #1172, S1]
a.
This section is adopted by the borough in satisfaction of the requirements
of the ADA and regulations promulgated pursuant thereto, 28 CFR 35.107.
b.
The purpose of this section is to establish a designated coordinator
whose duties shall include assuring that the borough complies with
and carries out its responsibilities under the ADA. Those duties shall
also include the investigation of any complaint filed with the borough.
[Ord. #1172, S1]
a.
In addition to any other advice, assistance or accommodation provided,
a copy of the following notice shall be given to anyone who inquires
regarding the borough's compliance with the ADA or the availability
of accommodation that would allow a qualified individual with a disability
to receive services or participate in a program or activity provided
by the agency:
NOTICE OF ADA PROCEDURE
The Borough of Bogota has adopted an internal grievance procedure
providing for prompt and equitable resolution of grievances alleging
any action prohibited by the U.S. Department of Justice regulations
implementing Title 11 of the Americans with Disabilities Act. Title
11 states, in part, that "no otherwise qualified disabled individual
shall, solely by reason of such disability, be excluded from participation
in, be denied the benefits of or be subjected to discrimination" in
programs or activities sponsored by a public entity.
The internal grievance procedure can be found in the Borough Code, Section 2-22. Grievances should be addressed to the borough's designated ADA Coordinator, who has been designated to coordinate ADA compliance efforts, at the following address:
|
Borough Administrator
A.D.A. Coordinator
Borough of Bogota
375 Larch Avenue
Bogota, New Jersey 07603
|
b.
A grievance may be filed in writing or orally, but should contain
the name and address of the person filing it, and briefly describe
the alleged violation. A form for this purpose is available from the
designated ADA coordinator. In cases of employment related grievances,
the procedures established by the borough's personnel policies will
be followed where applicable.
c.
A grievance should be filed promptly within thirty (30) days after
the grievant becomes aware of the alleged violation. (Processing of
allegations of discrimination that occurred before this grievance
procedure was in place will be considered on a case-by-case basis.)
d.
An investigation, as may be appropriate, will follow the filing of
a grievance. The investigation will be conducted by the designated
ADA coordinator. This section contemplates informal but thorough investigations,
affording all interested persons and their representatives, if any,
an opportunity to submit evidence relevant to a grievance.
e.
In most cases a written determination as to the validity of the grievance
and a description of the resolution, if any, will be issued by the
designated decision maker and a copy forwarded to the grievant no
later than forty-five (45) days after its filing.
f.
The ADA coordinator will maintain the files and records of the borough
relating to the grievances filed.
g.
The right of a person to a prompt and equitable resolution of the
grievance filed hereunder will not be impaired by the person's pursuit
of other remedies such as the filing of an ADA grievance with the
responsible Federal department or agency or the New Jersey Division
on Civil Rights. Use of this grievance procedure is not a prerequisite
to the pursuit of other remedies.
h.
This section will be construed to protect the substantive rights
of interested persons, to meet appropriate due process standards,
and to assure that the agency complies with the ADA and implementing
Federal rules.
[Ord. #1172, S1]
a.
The designated coordinator of ADA compliance and complaint investigation
for the Borough is:
|
Borough Administrator
A.D.A. Coordinator
Borough of Bogota
375 Larch Avenue
Bogota, New Jersey
|
b.
All inquiries regarding the borough's compliance with the ADA and
the availability of any accommodation that would allow a qualified
individual with a disability to receive services or participate in
a program or activity provided by the borough should be directed to
the designated coordinator identified in paragraph a above.
[Ord. #1172, S1]
A grievance alleging that the borough has failed to comply with
the ADA or has acted in a way that is prohibited by the ADA shall
be submitted either in writing or orally to the designated ADA coordinator
within thirty (30) days of the grievant becoming aware of the alleged
violation. A grievance alleging employment discrimination will be
processed pursuant to the borough's personnel policies, to the extent
applicable.
[Ord. #1172, S1]
a.
A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at subsection 2-22.7.
b.
A grievance submitted pursuant to this subsection shall include the
following information:
1.
The name of the grievant and/or any alternate contact person designated
by the grievant to receive communication or provide information for
the grievant;
2.
The address and telephone number of the grievant or alternate contact
person; and
3.
A description of the manner in which the grievant alleges that ADA
has not been complied with or has been violated, including times and
locations of events and names of witnesses if appropriate.
[Ord. #1172, S1]
The following form may be utilized for the submission of a grievance
pursuant to this subchapter:
|
Americans with Disabilities Act Grievance Form
| |
|---|---|
|
Date: ___________________________
| |
|
Name of Grievant:
| |
|
Address of grievant:
| |
|
Telephone number of grievant:
| |
|
Name, address and telephone number of alternate contact person:
| |
|
Where are you alleged to have been denied access?
| |
|
Department:
| |
|
Bureau or office:
| |
|
Location:
| |
|
Incident or barrier:
| |
|
Please describe the particular way in which you believe you
have been denied the benefits of any service, program, or activity
or have otherwise been subject to discrimination. Please specify dates,
times and places of incidents, and names and/or positions of Borough
employees involved, if any, as well as names, addresses, and telephone
numbers of any witnesses to any such incident. Attach additional pages
if necessary.
| |
|
| |
|
| |
|
| |
|
| |
|
Proposed access or accommodation:
| |
|
If you wish, describe the way in which you feel access may be
had to the benefits described above, or that accommodation could be
provided to allow access.
| |
|
| |
|
| |
|
| |
|
A copy of the above form may be obtained by contacting the designated
ADA coordinator.
|
[Ord. #1172, S1]
a.
Upon receipt of a grievance submitted pursuant to this section, the
designated ADA coordinator will notify the grievant of the receipt
of the grievance and the initiation of an investigation into the matter.
The designated ADA coordinator will also indicate a date by which
it is expected that the investigation will be completed, which date
shall not be later than forty-five (45) days from the date of receipt
of the grievance, if practicable or unless a later date is agreed
to by the grievant.
b.
Upon completion of the investigation, the designated ADA coordinator
shall prepare a report for review by the designated decision maker
for the borough. The designated decision maker shall render a written
decision within forty-five (45) days of receipt of the grievance,
if practicable or unless a later date is agreed to by the grievant,
which decision shall be transmitted to the grievant and/or the alternate
contact person if so designated by the grievant.
[Ord. #1196, S1]
The mayor and council hereby creates the position of OSHA respiratory
compliance officer.
[Ord. #1196, S1]
The compensation for the officer shall be established by the
mayor and council in accordance with law, at such time as the position
shall be filled, and the appropriate salary ordinance is adopted.
[Ord. #1196, S1]
The duties, responsibilities, and qualifications of the officer
shall be to establish and enforce a program for compliance by the
borough with the OSHA respiratory standards for firefighters, borough
employees, and other volunteers who may require respiratory protection,
pursuant to 29 CFR 1910 et seq. The program shall include all training
and information, program evaluations, and recordkeeping as required
by law.
[Ord. #1221, S1]
The position of civilian police administrative assistant is
hereby created in the Borough of Bogota.
[Ord. #1221, S1]
The mayor shall appoint, with the consent of the council, the
civilian police administrative assistant, who shall serve as an employee
at will of the Borough of Bogota.
[Ord. #1221, S1]
The civilian police administrative assistant shall perform the
administrative duties that are assigned by the chief of police or
his or her designee.
[Ord. #1221, S1]
Civilian police administrative assistant shall:
a.
Adhere to and be governed by all the rules and regulations laid down
for the guidance of the police department members, insofar as these
rules and regulations are applicable to and consistent with the duties
prescribed for civilian police administrative assistant.
b.
Comply with all other applicable ordinances, rules and regulations
adopted by the mayor and council, and
c.
Be governed by all of the contents of the borough's employee manual,
where applicable.
[Ord. #1221, S1]
The civilian police administrative assistant shall not be a
part of nor in any way be deemed a member of the police department
of the Borough of Bogota.
[Ord. #1221, S1]
The mayor and council shall have the authority to summarily
dismiss the civilian police administrative assistant for any reason
the mayor and council finds sufficient. The chief of police shall
have the authority to discipline, suspend, and to recommend the dismissal
of a civilian police administrative assistant whenever it is found
to be in the best interest of the borough.
[Ord. #1221, S1]
The terms of compensation for the civilian police administrative
assistant shall be as set forth in the borough's salary ordinance.
[Ord. #1238, S1]
The following terms when used in this section shall be defined
as set forth in this subsection. Any term that is not defined in this
subsection shall be defined in accordance with the provisions of the
New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., and the cases
decided thereunder.
Shall mean the attorney from the Borough of Bogota.
Shall mean all appointed or elected employees, agents, officers,
and volunteers of the Borough of Bogota.
Shall mean any civil or administrative action that is pending
in: (i) the New Jersey Supreme, Superior, or Tax Courts; (ii) the
Courts of the United States; (iii) any other court of competent jurisdiction;
and (iv) any State or Federal administrative body or agency, and that
is arising out of and directly related to a public official's lawful
exercise of his or her authority or duty in the furtherance of the
public official's authority or duty.
Shall mean any written or oral expression of the intent of
any person to prosecute a criminal offense, institute a criminal proceeding,
or file a civil suit against any borough official, either in the borough
official's official or individual capacity, for acts, omissions, or
events arising out of, or connected, directly or indirectly, with
the performance of the borough official's duties.
Shall mean any offense that is defined as a crime in the
United States or New Jersey Criminal Codes, as well as all quasi-criminal
offenses whether defined by Federal or State laws or regulations,
or any county or municipal ordinance.
Shall mean any criminal, quasi-criminal, or other law enforcement
proceeding that is pending in any State or Federal Court, regarding
a criminal offense arising out of and directly related to the public
official's lawful exercise of his or her authority or duty in the
furtherance of the public official's authority or duty.
Shall mean the mayor and council of the Borough of Bogota.
[Ord. #1238, S1]
As to civil suits in which a borough official is named as a
party, the borough shall defend and/or provide a defense for the borough
official, either through the borough attorney or his or her designee,
through legal counsel provided by the borough's insurance carrier,
or by permitting the borough official to retain legal counsel of the
borough official's choosing. If the borough official is authorized
by the governing body to retain legal counsel, the borough will pay
the reasonable cost of the representation, including investigation,
costs, and reasonable legal fees, as further defined in this section.
[Ord. #1238, S1]
As to civil suits in which a borough official is a party, the
borough shall indemnify and hold harmless the borough official for
all damage awards, verdicts, and any other forms of civil penalty
or judgment, unless it is determined that the borough should not be
responsible on account of the factors set forth in this section or
any other applicable State law.
[Ord. #1238, S1]
The Borough will not provide a defense for borough officials
who are charged with criminal offenses. The governing body may, however,
authorize the borough to reimburse the borough official for the reasonable
cost of the defense of a criminal proceeding, including investigation,
costs, and reasonable legal fees, as further defined in this section,
provided that the criminal proceeding is dismissed or is finally determined
in favor of the borough official.
[Ord. #1238, S1]
The governing body, with the advice of the borough attorney,
shall determine what costs, expenses, and legal fees are reasonable
under the facts and circumstances of each case in which a borough
official is a party. For purposes of this indemnification policy,
the borough only will pay or indemnify the borough official for legal
fees that are based on reasonable hourly rate, and will not pay retainers
to attorneys or investigators. The governing body will determine,
on a case by case basis, the reasonable hourly rate to be paid to
the legal counsel who is retained by a borough official as authorized
by this section.
[Ord. #1238, S1]
Any borough official who receives notice of a claim or is named
as a party in any civil suit or criminal proceeding, either in his
or her official capacity or in an individual capacity, for events
arising out of or connected directly or indirectly with the performance
of his or her duty as a borough official shall promptly advise the
governing body and the borough attorney of the claim or that action
has been commenced, and shall supply to the governing body and the
borough attorney a copy of any and all notices and pleadings pertaining
to the matter. The borough official shall thereafter cooperate with
the appropriate borough agents, attorneys, servants, and employees
in effectuating the provisions of this section.
[Ord. #1238, S1]
The borough will not provide a borough official with a defense
or indemnification in the following instances:
a.
If the act or omission of the borough official constitutes a criminal
offense, actual fraud, actual malice, willful misconduct, or an intentional
or wrongful act or omission.
b.
If the act or omission of the borough official is outside the scope
of the borough official's employment, duties, or official capacity.
c.
If the act or omission of the borough official does not arise out
of and is not directly related to the borough official's lawful exercise
of his or her authority or duty in the furtherance of the borough
official's authority or duty.
d.
If the action or proceeding has been brought by the borough itself
against the borough official.
e.
If the borough official has failed to substantially cooperate with
the borough and its agents, servants, attorneys, and employees in
connection with the matter.
f.
If it is not deemed appropriate by the governing body pursuant to
the provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:10-1,
et seq.
[Ord. #1238. S1]
If, pursuant to the terms of this section or any other applicable
law, the borough has paid any legal fees, defense costs, or damages
on account of a borough official and it is later determined that the
payment of same was improper or was disallowed under the terms of
this section or any law, then the borough official shall within thirty
(30) days of the receipt of the borough's demand reimburse to the
borough the full amount of the improper or disallowed payments made
by the borough.
[Ord. #1238, S1]
The borough shall not reimburse any borough official for any
punitive or exemplary damages, or any damages resulting from the commission
of a crime by any borough official. The borough may, however, indemnify
a borough official for exemplary or punitive damages if, in the judgment
of the governing body, the acts committed by the borough official
upon which these damages are based did not constitute actual fraud,
actual malice, willful misconduct, or an intentional wrong.
[Ord. #1238, S1]
When the borough provides a defense of a borough official pursuant
to this section, the borough may assume exclusive control of the representation
of the borough official to the extent permitted by law. If the borough
permits the borough official to retain legal counsel, the governing
body may limit the extent of the participation of or the payment to
the legal counsel if, in the opinion of the governing body, this limitation
is reasonable under the circumstances and will not prejudice the borough
official.
[Ord. #1238, S1]
Nothing contained in this section shall prevent the borough
from bifurcating its treatment as of any claim against any borough
official both as to whether and how it will provide a defense and/or
indemnification. Accordingly, the borough may provide a defense and/or
indemnification for some allegations against a borough official, but
not as to others, and may provide the defense in different forms as
to different allegations.
[Ord. #1238, S1]
This section is not intended to conflict with any of the provisions
of the New Jersey statutes that require the borough to provide for
the defense and indemnification of any public officials specified
therein, including but not limited to police officers, firefighters,
and the municipal clerk. If any of the provisions of this section
are in conflict with these statutes, including but not limited to
those that apply to police officers (N.J.S.A. 40A:14-155), firefighters
(N.J.S.A. 40A:14-28), and the municipal clerk (N.J.S.A. 40A:9-134.1),
the provisions of applicable New Jersey statutes, as interpreted by
the courts of this State, shall prevail over the terms and conditions
of this section, but only to the extent of any inconsistency between
the terms of the applicable statute and this section.
[Ord. #1227, Preamble]
Trust fund monies are available to municipalities under the
Bergen County Open Space, Recreation, Farmland and Historic Preservation
Trust Fund.
It is necessary for the borough to authorize a cooperative agreement
under the Interlocal Services Act pursuant to N.J.S.A. 40:8A-1 et
seq. to participate in the trust program.
The purpose of this section is to authorize a cooperative agreement
to establish a legal mechanism through which the borough may apply
for, receive, and disperse funds made available to participating municipalities
under the Bergen County Open Space, Recreation, Farmland and Historic
Preservation Trust.
The mayor and council find that it is in the best interest of
the borough to enter into such an agreement and no expenditure of
funds is required at this time.
[Ord. #1227, S1]
The mayor and clerk are authorized and directed to execute an
agreement entitled "An Agreement with the County of Bergen for the
Purpose of Participating in the Bergen County Open Space, Recreation,
Farmland and Historic Preservation Trust Fund," establishing a legal
mechanism for procedures for the borough to apply for, receive and
disperse trust funds made available to participating municipalities.
[Ord. #1258, S1]
In this section 2-27 the following definitions shall apply:
Shall mean the calendar year 2002.
Shall mean bonds, bond anticipation notes, or contributions
into a capital fund.
Shall mean the consumer price index for urban wage earners
and clerical workers (CPI-w) published by the United States Department
of Labor, Bureau of Labor Statistics for New York, New York - Northeastern,
New Jersey, or any successor index.
Shall mean a public question as authorized by N.J.S.A. 19:37-1
to -5, or any other applicable law.
[Ord. #1258, S1]
a.
No municipal budget shall result in a percentage increase in appropriations
in excess of the prior year's budget appropriations that exceeds the
rate of inflation as measured by the index for the prior calendar
year, unless a majority of the voters in the borough has approved
a public question authorizing the increase.
b.
For purposes of calculating the percentage increase, the following
expenses shall be excluded: insurance and employee benefit premium
increases and solid waste and sanitary sewer disposal fees.
[Ord. #1258, S1]
a.
The mayor and council shall not, in any manner, create in any fiscal
year a debt or debts, liability or liabilities of the borough, which
together with any previous debts or liabilities, shall exceed at any
time the borough's total outstanding debt as of December 31 of the
base year, unless a public question authorizing the debt or liability
has been approved by a majority of the voters in the borough.
b.
No voter approval shall be required for:
1.
The refinancing of all or a part of the borough's outstanding debts
or liabilities, as long as the refinancing provides a debt service
savings determined including the anticipated costs associated with
the refinancing; or
2.
The creation of any debts or liabilities for purposes of war, to
repel invasion, to suppress insurrection, or to meet an emergency
caused by disaster or act of God.
[Ord. #1258, S1]
a.
The mayor and council shall not adopt any salary ordinance, or approve
or authorize the execution of any collective negotiations labor contract,
which includes a percentage salary increase in any year that exceeds
the rate of inflation as measured by the index for the prior calendar
year, nor shall the benefits of employment be augmented, unless a
majority of the voters in the borough has approved a public question
authorizing the salary increase and/or benefits.
b.
This provision shall not apply to salary increases or benefits that
must be provided in order for the borough to comply with any statute,
or any order of any court or administrative agency of competent jurisdiction.
[[1]Added 3-1-2018 by Ord. No. 1506]
a.
The Borough will allow for either a veteran or surviving spouse of
a veteran to obtain municipal property tax relief upon proper claim
pursuant to N.J.S.A. 54:4-30 et seq. An "eligible veteran" shall be
defined as a member of the armed forces who was either honorably discharged
or released under honorable circumstances from active service, in
time of war, in any branch of the Armed Forces of the United States,
who has been or shall be declared by the United States Veterans' Administration,
or its successor, to have a service-connected disability and to be
determined to be 100% permanently disabled.
b.
In order to qualify for the municipal tax exemption, the veteran
or someone on his/her behalf, under oath, must file a written claim
with the Tax Assessor's office. The Tax Assessor's office will supply
the applicant with the appropriate paperwork, and the applicant will
be required to provide the Tax Assessor's office with the following
information:
1.
Reason for exemption;
2.
A description of the property for which the exemption is claimed;
3.
A certificate of the claimant's honorable discharge or release under
honorable circumstances from active service, in time of war, and a
certificate/letter from the United States Veterans' Administration,
or its successors, certifying to a service-connected disability;
4.
Any other documentation as required by statute at the time the application
is made.
c.
In order for a surviving spouse of a veteran to qualify for the municipal
tax exemption, the spouse, under oath, must file a written claim with
the Tax Assessor's office. The Tax Assessor's office will supply the
surviving spouse with the appropriate paperwork, and the applicant
will be required to provide the Tax Assessor's office with the following
information:
1.
Proof to establish that the spouse is the owner of legal title to
the premises on which the exemption is made;
2.
That the claimant occupies the dwelling house on said premises as
the claimant's legal residence in the State of New Jersey;
3.
That the veteran has been declared by the United States Veterans'
Administration, or its successor, to have a service-connected disability
or that the veteran shall have been declared to have died in active
service in time of war;
4.
That the veteran is or would have been entitled to the exemption
at the time of death;
5.
The claimant is a resident of the State of New Jersey and has not
remarried.
d.
In determining a grant of a municipal tax exemption under this section,
the Borough will prorate the exemption for the remainder of the year
in which application is made and accepted by the Borough. Additionally,
pursuant to N.J.S.A. 54:4-3.32 the Borough shall refund the veteran
or surviving spouse all taxes previously paid for the year in which
the application to the Borough is made only, retroactive to January
1 of said year. There shall be no further retroactive refund granted,
regardless of the disability date determination of the United States
Veterans' Administration.
[1]
Editor's Note: Former section 2-28, previously codified herein
and containing portions of Ordinance No. 1297, was repealed in its
entirety by Ordinance No. 1333.
[Ord. #1296, S1]
The purpose of this section is to implement the following public
question that, on November 8, 2005, was approved by the voters of
the Borough of Bogota by a vote of 1408 "yes" to 293 "no:" "Shall
the Mayor and Council of the Borough of Bogota adopt an ordinance
stating the Borough will not use the power of eminent domain to acquire
private property, against the wishes of the property owner, for private
development to increase tax ratables or tax revenue derived from the
property, and that this power only will be used to acquire private
property: (1) when the property is to be opened to the public or for
the public's use, or (2) when the acquisition is necessary to eliminate
an existing use of the property that inflicts an affirmative harm
on society?" The mayor and council adopted a resolution asking this
question of the public because, on June 23, 2005, the United States
Supreme Court decided the case of Kelo v. City of New London, 125
S. Ct. 2655 (2005). The Court's 5 to 4 majority affirmed the use of
the governmental power to condemn property, known as eminent domain,
to acquire privately-owned property against the owner's will, and
then transfer the property to a developer for private redevelopment,
only because the proposed redevelopment will provide increased tax
revenue. The principal dissenting opinion, authored, by Justice Sandra
Day O'Connor, would permit governments to condemn and then transfer
condemned property to private parties in only two (2) circumstances:
when (as with railroads) the property is to be opened to the public's
use, or when the condemnation is necessary to eliminate an existing
use of the property that "inflict(s) affirmative harm on society."
Accordingly, the mayor and council adopted a resolution asking the
legal voters of the borough to express their views on a proposed ordinance
that would limit the borough's power to condemn and acquire property,
as suggested by the dissenting Justices in the Kelo case.
[Ord. #1296, S1]
In this Section 2-29, the following definitions shall apply:
Shall mean the Borough of Bogota.
Shall mean the power of the borough, whether authorized by
statute, rule or regulation, or otherwise, to take or acquire private
property and put it to public use through the legal process called
condemnation.
Shall mean the duly elected mayor and council of the Borough.
[Ord. #1296, S1]
The mayor and council of the borough shall not adopt an ordinance
or resolution using the borough's power of eminent domain to acquire
private property against the wishes of the property owner for private
development to increase tax ratables or tax revenue derived from the
property, and this power only will be used by the borough to acquire
private property: (1) when the property is to be opened to the public
or for the public's use, or (2) when the acquisition is necessary
to eliminate an existing use of the property that inflicts an affirmative
harm on society.
[Ord. #1351, S1]
Unless excepted by the provisions N.J.S.A. 43:15C-1 et seq.,
the following positions are deemed to be eligible for and shall participate
in the Defined Contribution Retirement Program:
[Ord. #1351, S2]
Individuals serving in the following positions are exempt from
the Defined Contribution Retirement Program membership, pursuant to
N.J.S.A. 43:15C-2:
a.
Certified health officer
b.
Tax collector
c.
Chief municipal finance officer
d.
Construction code official
e.
Qualified purchasing agent
f.
Tax assessor
g.
Municipal planner
h.
Registered municipal clerk
i.
Licensed uniform subcode official
j.
Principal public works manager
k.
Municipal court administrator
[Ord. #1351, S3]
If an individual is appointed to one of the positions listed in subsection 2-30.1 and the individual is not serving in a position as described in subsection 2-30.2 above, the pension certifying officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
a.
Was an active participant in the Public Employee Retirement System
on July 1, 2007 and continuously since that time; or
b.
Has been appointed pursuant to a valid promotional process; or
c.
Is appointed on a temporary, interim or "acting" basis to a position requiring State certification as set forth in subsection 2-30.2 herein, and is in pursuit of the required certification; or
d.
Meets such other exceptions that may be approved by the Local Finance
Board or the Division of Pension and Benefits.
[Ord. #1351, S4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.), as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pension
and Benefits.
[Ord. #1368; amended 10-6-2022 by Ord. No. 1581]
Smoking and vaping of tobacco products are prohibited on all
portions of Borough-owned properties, both indoors and outdoors, at
all times.
[Ord. #1368; amended 10-6-2022 by Ord. No. 1581]
Any person violating this section, upon conviction in a court
of competent jurisdiction, shall be subject to a penalty of not more
than $250 for a first offense; $500 for a second offense; and $1,250
for a third or subsequent offense, or imprisonment for a term not
exceeding 90 days.
[Ord. #1402]
a.
Persons seeking to be married or joined in civil union by the mayor
of the Borough of Bogota anywhere in the State of New Jersey shall
pay to the Borough of Bogota a fee payable by check or money order
at the time of the ceremony as follows:
1.
For all weddings within the Borough of Bogota:
(a)
One hundred ($100.00) dollars if the wedding is scheduled more than
fifteen (15) days or greater prior to the wedding date;
(b)
One hundred twenty-five ($125.00) dollars if the wedding is scheduled
between eight (8) and fourteen (14) days inclusive prior to the wedding
date;
(c)
One hundred fifty ($150.00) dollars if the wedding is scheduled seven
(7) days or less prior to the wedding date.
2.
Regardless of when the wedding was scheduled two hundred ($200.00)
dollars for all weddings taking place outside of the Borough of Bogota.
b.
The mayor must submit the fee to the borough clerk within five (5)
days of conducting the ceremony.
c.
The payment of one hundred ($100.00) dollars and the funds will then
be deposited into the current fund under MRNA (Miscellaneous Revenue
— Not Anticipated) in accordance with law.
[Ord. #1391]
a.
The Borough of Bogota recognizes the need to bill patients for the
provision of emergency medical services and transportation to aid
in the provision of those services.
b.
No person requiring emergency medical services and/or transportation
shall be denied services due to a lack of insurance or ability to
pay levied charges.
c.
Whereas the Bogota Volunteer First Aid and Emergency Squad is funded
by local taxation, it is in the best interest of the residents of
Bogota to establish a policy for EMS billing in accordance with the
Health Care Finance Administration (HCFA) guidelines (as same may
be from time to time amended or supplemented) so that individuals
who are legally domiciled in the Borough of Bogota will not be responsible
for the payment of any uninsured out-of-pocket expenses.
[Ord. #1391]
a.
The Bogota Volunteer First Aid and Emergency Squad shall obtain the
necessary licensure from the New Jersey State Department of Health
to provide emergency medical services and transportation (the "program").
The Bogota Volunteer First Aid and Emergency Squad is a department
of the Borough of Bogota.
b.
The Borough of Bogota shall apply for a provider number from the
Federal and State Medicare/Medicaid Programs, enabling the municipality
to institute a third-party payment plan (the "payment plan") for provided
services.
c.
All patients, whether or not a legal domiciliary of the Borough of
Bogota, and/or their financially responsible parties, insurers or
carriers, will be billed for emergency medical services and transportation
provided by the Bogota Volunteer First Aid and Emergency Squad, according
to a fee schedule established by the mayor and council of the Borough
of Bogota.
d.
A patient who receives emergency medical services or transportation
form the Bogota Volunteer First Aid and Emergency Squad is obligated,
at the time of service or as soon as practicable thereafter, to provide
the Bogota Volunteer First Aid and Emergency Squad with all pertinent
identification, insurance and/or payment information to facilitate
the borough's billing of third-party payment sources for services
rendered. The borough may, at its option, and shall, where required
by law, bill insurers or carriers on a patient's behalf and accept
payment on an assignment basis.
e.
All patients who are not legally domiciled in the Borough of Bogota
shall be liable for any copayment or deductible amounts not satisfied
by public or private insurance, and the borough shall make reasonable
collection efforts for all such balances according to the most current
rules or regulations set forth by applicable Health Care Financing
Administration Federal policies and regulations. The borough may bill
any applicable co-insurance carriers for such amounts. Exceptions
include only those instances where the borough has knowledge of a
particular patient's indigence or where the borough has made a determination
that the cost of billing and collecting such copayments or deductibles
exceeds or is disproportionate to the amounts to be collected.
f.
The borough shall not bill any individual legally domiciled in the
Borough of Bogota for any fee, balance, deductible, or copayments
not satisfied by public or private insurance, including Medicare/Medicaid,
nor will the borough bill an individual legally domiciled in the Borough
of Bogota for emergency medical services, provided that individual
is not covered by private or public insurance.
g.
The Borough of Bogota may, either directly or through any third-party
billing agency with which it has contracted for billing and/or collections
for emergency medical services, make arrangements with patients and/or
their financially responsible party for installment payments of bills
or forgive any bill or portion thereof, so long as the borough determines
that:
h.
A patient who has received emergency medical or transport services
from the Bogota Volunteer First Aid and Emergency Squad, including
an individual legally domiciled in the Borough of Bogota, for whom
the Borough of Bogota has not received payment from a third-party
payer on assignment, and who receives payment directly from a third-party
payer for emergency medical services rendered by the Bogota Volunteer
First Aid and Emergency Squad, is obligated to remit such monies to
the borough in the event the borough has not been paid for services
rendered. Patients who do not remit such monies may be held liable
for costs of collection in addition to the charges for emergency medical
services rendered.
i.
The Borough of Bogota shall be authorized to enter into contracts
with area hospitals that provide advanced life support (ALS) services
to patients that are transported by the Bogota Volunteer First Aid
and Emergency Squad. This will allow the hospitals to bill for all
emergency medical services and, if so agreed, timely reimburse the
borough for its transportation costs within forty-five (45) days of
receiving payment.
[Ord. #1391]
a.
The Borough of Bogota is hereby authorized to enter into a contract
with a third-party billing agency for performance of EMS billing and
collection services; provided, however, that the following standards
for such third-party billing contracts are met:
1.
The third-party billing agency has in place a compliance program
conforming to standards set forth in the office of Inspector General's
Compliance Program Guidance for Third-Party Medical Billing Companies,
63 Federal Register 70138, as amended.
2.
Neither the billing agency nor any of its employees are subject to
exclusion from any State or Federal health care program.
3.
The billing agency is bonded and/or insured in amounts satisfactory
to the Borough of Bogota.
b.
A detailed listing of patients who utilize emergency medical services
and/or transport provided by the Bogota Volunteer First Aid and Emergency
Squad will be compiled by the Borough of Bogota. This information
will be transmitted to the third-party billing agency. The information
will be subject to the confidentiality requirements of applicable
law. This information will include, at a minimum, the following:
1.
Name, address, and telephone number of patient.
2.
Name, address and claim number of insurance carrier, if applicable.
3.
Date, time and EMS chart number.
4.
Point of origin and destination.
5.
Odometer reading at point of pickup and destination.
6.
Reason for transport/patient's compliant/ current condition.
7.
Itemization and description of services provided and charges.
8.
Signature of the patient or authorized decision maker.
9.
Name of receiving physician.
10.
Name, titles, and signatures of ambulance personnel, when possible.
c.
The third-party billing agency shall obtain the information from
the Bogota Volunteer First Aid and Emergency Squad and will bill the
patient and/or his/her financially responsible parties, insurers or
carriers, according to the fee schedule established herein; provided,
however, that the third-party billing agency shall not bill any individual
legally domiciled in the Borough of Bogota for any fee, balance, deductible,
or copayments not satisfied by public or private insurance, including
Medicare/Medicaid, nor will the borough bill an individual legally
domiciled in the Borough of Bogota for emergency medical services
or transport, provided that individual is not covered by private or
public insurance.
d.
The fee for emergency medical services, transport miles per trip
and nontransports where aid is provided shall be established by the
mayor and council.
e.
The mayor and council shall review the fees for services listed in
paragraph d above annually and adjust said fees based on the recommendations
of the borough administrator and the chief financial officer and in
accordance with the federally approved Medicare fee schedule.
f.
The Borough of Bogota may, in its discretion, bill additionally for
material, vehicle, and personnel costs in the case of major or unique
incidents.
g.
The borough administrator may promulgate rules and regulations pursuant
to and not inconsistent with this chapter, State and Federal law,
and such rules and regulations, which rules and regulations shall
become effective upon approval by resolution of the governing body
of the Borough of Bogota.
[Ord. #1458 § 1]
All full and part time employees and elected public officials who receive compensation from the Borough of Bogota are mandated to have direct deposit of their compensation as of May 1, 2015 in accordance with Chapter 28 P.L. 2013, as defined under C. 52:14-15f(b).
[Ord. #1458 § 2]
Municipal employees may request, in writing, an exemption from
the direct deposit mandate to the Borough of Bogota Administrator
for an emergency or extra-ordinary circumstance. If approved, such
requests may then be presented to the Borough Chief Financial Officer.
[Ord. No. 1482]
Effective May 1, 2016, the Borough of Bogota will no longer
accept cash payments. All payments shall be in the form of a personal
check, certified check or money order. The Recreation Committee does
accept credit cards for its registration and rental fees. All checks
returned due to insufficient funds will result in a twenty-five ($25.00)
dollar returned check fee, plus ten ($10.00) dollars for processing.
All non-recurring fees that are under two ($2.00) dollars, such as
copies for OPRA requests, individual items at the Borough Concession
Stand, or police report costs, are excluded. Borough vending machines,
public library book fines and coin-operated copiers are exempt.
