[New]
This chapter shall be known and may be cited as the "Administrative Code of the Township of Lyndhurst" and is sometimes referred to in this chapter as the "code."
[The form of government under which the Township operates is the Commission Form of Government Law, comprising Chapters 70 to 76 of Title 40 of the New Jersey Statutes Annotated. The administrative code has been drafted in conformity with this law and many of its provisions are based on clauses found in Chapters 72 and 73 of Title 40. Other enabling laws pertaining to the Administrative Chapter in N.J.S.A. 40:47-1 et seq., Police and Fire Departments; N.J.S.A. 2A:8-1 et seq. and N.J.S.A. 40:49-5, Municipal Court.]
[New]
The Board of Commissioners of the Township of Lyndhurst shall consist of five Commissioners who shall be elected at large by the voters of the Township at a regular municipal election and who shall serve for a term of four years beginning on the first Tuesday following their election.
[New]
All of the executive, administrative, judicial and legislative powers of the town shall be vested in the Board of Commissioners, including the powers of a local board of health.
[New; Ord. #2697, § 1]
a.
Regular meetings. The Board of Commissioners shall organize on the first Tuesday following the regular quadrennial municipal election. At that meeting, or as soon thereafter as practical, the Board of Commissioners shall create all subordinate boards and appoint any officers that it deems necessary for the proper and official conduct of the affairs of the Township. After the organization meeting, the Board of Commissioners shall meet regularly at least once a month on dates to be determined by resolution of the board. When the time for any regular meeting of the board falls on a legal holiday as prescribed by law, the meeting shall be held on another day which is not a legal holiday, to be scheduled as near as practical to the regular meeting day.
b.
Special meetings. Special meetings of the Board of Commissioners may be held on call of the Mayor or any two Commissioners and as required by state statutes.
[Ord. #2448 § I]
a.
General provisions. Members of the Board of Commissioners shall observe order and decorum during Board of Commissioners meetings. A member of the Board of Commissioners shall neither, by conversation or otherwise, delay or interrupt the progress of the Board of Commissioners nor disturb any member while speaking nor refuse to obey the orders of the Mayor. Members of the Board of Commissioners not attending the Commissioners meeting should notify the Township Clerk prior to the meeting. In the event that a Commissioner is absent from the meeting, the report of that Commissioner shall be presented to the public by another Commissioner as follows:
Absent Commissioner | Covering Commissioner |
|---|---|
Public Works | Parks Department |
Revenue and Finance | Public Affairs |
Public Affairs | Public Safety |
Public Safety | Revenue and Finance |
Parks | Public Works |
b.
Township staff. Members of the Township staff shall observe the same rules of order and decorum applicable to the Board of Commissioners in paragraph a above.
c.
Defamatory and threatening language prohibited. Any person(s) making personal, defamatory or profane remarks or who willfully utters loud, threatening or abusive language or engages in any disorderly conduct which disturbs or disrupts the orderly progress of any meeting shall be called to order by the Mayor. If such conduct continues, the Mayor at his discretion, may order such person removed from that meeting by the sergeant at arms.
d.
Length of presentation. Persons addressing the Board of Commissioners shall be allowed five minutes for their presentations.
e.
Repeated disturbance; removal from meeting. All persons shall, at the request of the Mayor, be silent. If, after receiving a warning from the Mayor, a person persists in the disruption of the meeting, the Mayor may order that person to leave the meeting. If he or she does not remove himself or herself, the Mayor may order the sergeant at arms to remove him or her.
f.
Sergeant at Arms. A member of the Department of Police as the Mayor may designate, shall be sergeant at arms at the Board of Commissioners meetings. The sergeant at arms shall carry out all orders given by the Mayor for the purpose of maintaining order and decorum at the Board of Commissioners meeting. On instruction of the Mayor, the sergeant at arms shall remove from the meeting any person who disturbs the proceedings of the meeting.
g.
Resisting removal. Any person who resists removal by the sergeant at arms shall be charged with violating N.J.S.A. 2C:33-8, Disrupting meetings and processions.
h.
Video recording of Township Board of Commissioners meetings by the Township and members of the general public.
[Added 9-13-2017 by Ord. No. 2970-17]
1.
Definitions. As used in this chapter, terms shall have the meanings as indicated and defined within the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
2.
Video recording of Township Board of Commissioners by Township. To further the transparency of the governance of the Township, the Board of Commissioners shall cause a professional videographer to be retained by the Township for the purpose of recording the public meetings of the Board of Commissioners of the Township. The Township shall then cause the recordings of the public meetings of the Board of Commissioners of the Township to be available for viewing by the public on the Township's official website.
3.
Video recording of Township Board of Commissioners meetings by members of the general public.
(a)
Members of the general public have the right to video record portions or all of an open public meeting of the governing body, excluding closed or executive session discussions. To minimize the possibility of disrupting the public meeting of the governing body, any member of the public (a "citizen") who wishes to video record portions or all of the public meeting must do so in accordance with the following guidelines:
(1)
The citizen must provide the Clerk of the municipality with no less than one hour's notice prior to the public meeting of his request to exercise his right to video record.
(2)
The citizen must have completed setup of his video recorder and any related equipment by no less than 10 minutes prior to the official start time of the public meeting. As to the location of the video recorder and equipment, the same may only be set up by the citizen in the rear of the meeting room, as such location will be specifically identified to the citizen by the Clerk. Any citizen may record the meeting from any location in the meeting room utilizing a hand-held cellular phone, "smartphone" or other similar device so long as same does not produce any beeping sounds or other noises and does not block or obstruct the view of other members of the public of the governing body proceedings.
(3)
The video recorder and any associated equipment utilized by the citizen must be compact, quiet, and generally unobtrusive. No added lighting may be used by any citizen. The video recorder and all associated equipment may not take up more than 20 square feet of space. No citizen is permitted to use any video recorder or associated equipment that makes any beeping sounds or other noises. Should beeping sounds or any other noise emanate from the video recorder or associated equipment at any time during the public meeting, the citizen shall be required to cease video recording immediately.
(4)
If the video recorder or associated equipment requires connection to electricity, the connection to electricity may be made only by a standard plug which can easily and properly connect to the nearest electricity socket. If at any time the video recorder or associated equipment "blows a fuse" or causes a loss of power in the meeting room, the citizen must immediately cease video recording and shall not be allowed to continue video recording with any recorder or equipment that requires connection to electricity.
(5)
The citizen may not disrupt the public meeting with his recording equipment. The citizen may not set up or use the video recorder or equipment in such a way as to block or obstruct the view of other members of the public of the governing body proceedings. The video recording by the citizen may only be done in a manner that does not violate the disorderly conduct ordinance and must be generally orderly and unobtrusive. The citizen may not continually exit and re-enter the meeting room, or continuously move around within the meeting room, during the public meeting. The citizen must remain with the video recorder and equipment at all times, except for any period of time during which the citizen is making a comment in his turn during any public comment portion of the public meeting. The citizen video recording the public meeting shall not move about the meeting room while the public meeting is being held. The citizen may not "narrate" the proceeding or speak into any video recorder or microphone. The citizen may not engage in any verbal conversation, discourse or comment whatsoever, unless the citizen is making a formal comment in his turn during any public comment portion of the public meeting.
(6)
If the citizen chooses to cease video recording at any time during the public meeting, he may do so, provided that the citizen may not commence removal or begin to disassemble any video recorder or associated equipment until the public meeting has concluded.
(7)
Meetings or portions of meetings which are permitted by law to be closed to the public shall not be video recorded or audio recorded.
(8)
No recordings, whether audio or video, may be used in any court proceeding, nor may same be used to contest the accuracy of the official record of the Township Board of Commissioners. The recording(s) may not be represented as an official transcript in any manner and/or for any purpose.
(b)
These guidelines are intended to ensure that the right of the public to video record official public meetings of the governing body does not interfere with the business of the governing body or other citizens' right of access to the proceedings.
[New]
At the first meeting after their election, the Commissioners shall choose one of their number to preside at all meetings of the board, and he shall be designated Mayor.
[New]
The Mayor shall be president of the Board of Commissioners and shall preside at all meetings. He shall supervise all departments and report to the board, for its action, all matters requiring the attention of the board or of any department.
[New]
The administrative functions, powers and duties of the Board of Commissioners shall be allocated among the following departments:
[New; Ord. No. 2709, § 1]
At the first regular meeting after the election of its members, the Board of Commissioners shall designate by majority vote one Commissioner to be director of each department.
[New; Ord. #2709, § 1]
The Board of Commissioners shall determine the powers and duties to be performed by each department and shall assign each department the powers and duties which it deems appropriate. The board shall prescribe the powers and duties of all officers and employees and may assign particular officers and employees to one or more departments and may require any officer or employee to perform duties in two or more departments if the work required in each department is similar in character. The Board of Commissioners may make such rules and regulations as are necessary and proper for the efficient and economical conduct of the business of the Township.
The board may, by resolution, as it deems necessary or appropriate, assign, designate, allocate or reallocate any administrative office, division, commission or agency from the department within which it had been assigned, designated or allocated to a different department, notwithstanding any provision of this code.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord. #2764, § 1; Ord. #2783]
a.
Creation and Purpose. There is hereby created the office of coordinator of general services (hereinafter "the coordinator") in the department in which the Mayor serves as director in order to centralize, coordinate, and deliver services in a more efficient and effective manner to the residents, property owners, and businesses of the Township.
b.
Appointment; Term; Evaluation; Removal.
1.
Appointment. The coordinator shall be appointed by the Mayor on the basis of executive and administrative abilities, with special regard to education, training, and experience related to the functions assigned to that office. The coordinator shall be a graduate of an accredited college or university, with a minimum of five years of professional experience in private industry.
2.
Term. The coordinator shall serve at the pleasure of the Mayor.
3.
Evaluation. On or before January 1st of each year, the Mayor shall conduct an evaluation of the coordinator's performance during the previous twelve-month period. Included among the criteria for such evaluation shall be whether or not the coordinator has substantially accomplished his or her established goals and objectives. However, this shall not be considered to be the only reason for such evaluation. At the time of such evaluation, the Mayor shall establish goals and objectives to be accomplished by the coordinator during the next twelve-month period.
4.
Removal. The coordinator's employment shall be at the will of the Mayor, and his or her removal by the Mayor may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
c.
Powers and Duties. The coordinator, pursuant to the direction and supervision of the Mayor, shall serve in conjunction with all Township departments to assist with and coordinate the efficient and effective delivery of general services to the Township's residents, property owners, and businesses. Subject to the supervision of the Mayor, the coordinator shall be responsible for undertaking or delegating the following services to the extent not prohibited by law:
1.
Purchasing:
(a)
Establishing a central purchasing system, and monitoring all Township purchasing activities to assure that purchases are made in accordance with statutory requirements; a current record of all budgeting accounts is maintained; and funds for purchases are available in accordance with the budget.
(b)
Providing a report of purchasing activities and new legal requirements with regard to purchasing when directed by the Mayor.
(c)
Recommending to the Mayor rules and regulations governing the requisition and purchase of all municipal supplies and equipment as deemed necessary.
(d)
Making, negotiating, or awarding any purchases, contracts, or agreements for the purchase of such municipal supplies and equipment which are not subject to public advertising for bids pursuant to the Local Public Contacts Law, N.J.S.A. 40A:11-1 et seq.
(e)
Supervising the performance and services of a purchasing associate and any and all staff relating to purchasing activities.
2.
Execution and Enforcement of Laws. The coordinator shall enforce the Laws of the State of New Jersey and ordinances and resolutions of the Township as the Board of Commissioners or the Mayor may prescribe.
3.
Meetings. The coordinator shall attend all meetings of the Board of Commissioners and other committees as directed, and shall have the authority to participate in the discussions and to receive notice of all regular and special meetings of the Board of Commissioners and all advisory committees.
4.
Township Affairs. The coordinator shall inform the Board of Commissioners as to the conduct of Township works, submitting whatever report the Board of Commissioners or the Mayor shall request, and making such recommendations to the Board of Commissioners or the Mayor as he or she deems necessary and advisable for the welfare of the Township. In accordance with the Tax Collector/Treasurer/Chief Financial Officer, the coordinator shall ensure that the Board of Commissioners is regularly informed about the condition of Township finances. The coordinator shall anticipate problems that may develop and advise the Board of Commissioners accordingly, outlining possible solutions or preventive measures.
5.
Annual Report. The coordinator shall submit to the Mayor, as soon as possible after the close of the calendar year, a complete report of the administrative activities of the Township for the preceding year.
6.
Experts. The coordinator shall recommend the employment of experts and consultants to perform work and render advice in connection with the operation of dedicated utilities or work projects in the Township, subject to the approval by the Mayor.
7.
Contracts. The coordinator shall attend to the letting of contracts, in proper form according to law, and supervise the performance and faithful execution of these contracts, except insofar as such duties are expressly imposed upon some other officer or official by statute or by action of the Board of Commissioners. The coordinator shall ensure compliance with the provisions of all franchises, leases, permits, and privileges granted by the Township.
8.
Grants and Aid Projects. The coordinator shall study and keep the Board of Commissioners informed as to federal, state and/or county aid projects and any other services or possible grants for which the Township may qualify. The coordinator shall coordinate the application procedures and shall provide liaison for such aid, grants, or services which the Township may acquire, subject to the direction of the Mayor.
9.
Liaison With Professional Consultants Providing Services to the Township. The coordinator shall provide liaison with the Township Attorney, Township Engineer, Township Auditor, and any other legal counsel or professional staff engaged by the Township, as the Mayor may direct.
10.
Conflict of Interest. The coordinator shall inform the Mayor of any matter or transaction, or any contemplated matter or transaction, for which he or she is, or would be, responsible, but in which he or she may have a conflict of interest as described in Section 5-29 of the Code. In that event, the Mayor shall assume direct responsibility for such matter or transaction, or delegate the responsibility for such matter or transaction to another administrative officer of the Township who has, or would have, no such interest therein.
11.
Clerical Staff. The coordinator shall direct clerical staff, provide training when necessary, and take action to ensure that clerical work is completed timely, efficiently, and in accordance with proper procedure.
12.
Evaluations. The coordinator shall implement and coordinate the design, manner, and form of evaluation instruments to analyze the effectiveness of Township programs and personnel.
13.
Publications. The coordinator shall coordinate the production and distribution of official department publications, new releases, reports, and media presentations to the appropriate Township departments.
14.
Programs. The coordinator shall coordinate the review, establishment, and assist the Board of Commissioners in determining the appropriate priorities and utilization for Township government service initiatives and programs.
15.
Liaison With Website Consultant. The coordinator shall provide liaison with the Township's website consultant to assist with the maintenance and effectiveness of a current and relevant website.
16.
Representation of the Board of Commissioners With the Media. At the direction of the Mayor, any other Commissioner, or their designees, the coordinator may serve as spokesperson for the Township with regard to the news media and communication with the general public.
17.
Personnel. Subject to the supervision and direction of the Board of Commissioners or the Mayor, the coordinator shall assist the personnel administrator with the establishment and maintenance of sound personnel practices and procedures, and maintenance of appropriate records of all Township employees.
18.
Planning and Development. Subject to the supervision and direction of the Board of Commissioners or the Mayor, the coordinator shall be responsible for initiatives relating to planning and development, and supervise a planning and development associate.
19.
Information Technology Initiatives. Subject to the supervision and direction of the Board of Commissioners or the Mayor, the coordinator shall be responsible for information technology initiatives, and supervise an information technology associate.
20.
Initiatives Related to the Facilitation of the Cost Efficiency and Timely Completion of Special Projects Within the Township. Subject to the supervision and direction of the Board of Commissioners or the Mayor, the coordinator shall be responsible for initiatives related to the facilitation of cost efficiency and timely completion of special projects within the Township, and supervise a special projects associate.
d.
Compensation. The coordinator shall receive such compensation as shall be fixed, from time to time, by the Board of Commissioners in a salary ordinance.
e.
Other Responsibilities. The coordinator shall perform such other responsibilities as may be assigned by the Board of Commissioners or the Mayor for the proper and efficient administration of municipal services and business affairs of the Township.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord. #2764, § 1; Ord. #2793-11]
a.
Creation. There is hereby created in the department in which the Mayor serves as director of the office of purchasing associate for the Township of Lyndhurst. The purchasing associate shall serve under the supervision of the coordinator, and perform all technical functions relating to purchasing, and supervision of clerical staff in support of purchasing operations. Such technical functions shall include, but not be limited to, preparation of public bidding documents, specifications and requests for proposals; location and investigation of reputable sources of supply of goods, equipment and services; review and analysis of public bids and proposals, and recommendations for acceptance or rejection of bids and proposals; communication with vendors; maintenance of bidder lists; communication with Township departments regarding the standardization of supplies used and the need for special equipment and services; management of a central storeroom for purchasing files and documents, and maintenance of purchasing-related records; and preparation of purchase orders and contracts.
b.
Appointment to be Based on Ability. The purchasing associate shall be appointed by the Mayor on the basis of executive and administrative abilities, with special regard to education, training, and experience related to the functions assigned to that office. The purchasing associate shall have a minimum of five years of responsible technical and/or clerical experience in assisting professional staff in the purchasing of equipment and supplies, or maintaining purchasing records. A certification as a qualified purchasing agent (QPA), as issued by the State of New Jersey is desirable for the purchasing associate to obtain and be in the possession of prior to appointment to the position.
c.
Term. The purchasing associate shall serve at the pleasure of the Mayor.
d.
Evaluation. On or before January 1st of each year, the Mayor, in consultation with the coordinator, shall conduct an evaluation of the purchasing associate's performance during the previous twelve-month period. Included among the criteria for such evaluation shall be whether or not the purchasing associate has substantially accomplished his or her goals and objectives. However, this should not be considered to be the only reason for such evaluation. At the time of such evaluation, the coordinator shall establish goals and objectives to be accomplished by the purchasing associate during the next twelve-month period.
e.
Removal. The purchasing associate's employment shall be at the will of the Mayor and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
f.
Compensation. The purchasing associate shall receive such compensation as shall be fixed, from time to time, by the Board of Commissioners in a salary ordinance.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord. #2764. § 1]
a.
Creation. There is hereby created in the department to which the coordinator is assigned the office of planning and development associate for the Township of Lyndhurst. The planning and development associate shall serve under the supervision of the coordinator and assist with the development of Township government services relating to programs, surveys, assessment of needs, and related research, including the coordination establishment maintenance and evaluation of programs and fiscal data related to general government services to residents, property owners, and business of the Township.
b.
Appointment to be Based on Ability. The planning and development associate shall be appointed by the Mayor on the basis of executive and administrative abilities, with special regard to education, training, and experience related to the functions assigned to that office. The planning and development associate shall be a graduate of an accredited college or university, with a minimum of five years of professional experience in the dissemination of information to the public, with an emphasis on electronic or print media.
c.
Term. The planning and development associate shall serve at the pleasure of the Mayor.
d.
Evaluation. On or before January 1st of each year, the coordinator shall conduct an evaluation of the planning and development associate's performance during the previous twelve-month period. Included among the criteria for such evaluation shall be whether or not the planning and development associate has substantially accomplished his or her established goals and objectives. However, this should not be considered the only reason for such evaluation. At the time of such evaluation, the coordinator shall establish goals and objectives to be accomplished by planning and development associate during the next twelve-month period.
e.
Removal. The planning and development associate's employment shall be at the will of the Mayor and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
f.
Compensation. The planning and development associate shall receive such compensation as shall be fixed, from time to time, by the Board of Commissioners in a salary ordinance.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord. #2764, § 1]
a.
Creation. There is hereby created in the department to which the coordinator is assigned the office of information and technology associate for the Township of Lyndhurst. The information and technology associate shall serve under the supervision of the coordinator, to assist with the development of computer and information technology, including the supervision, establishment, maintenance, and evaluation of electronic and/or manual recording and computerized information systems related to general government services provided to residents, property owners, and businesses of the Township.
b.
Appointment to be Based on Ability. The information and technology associate shall be appointed by the Mayor and shall be appointed on the basis of executive and administrative abilities, with special regard to education, training, and experience related to the functions assigned to that office. The information and technology associate shall be a graduate of an accredited college or university, with a minimum of five years of experience in the computer technology field.
c.
Term. The information and technology associate shall serve at the pleasure of the Mayor.
d.
Evaluation. On or before January 1st of each year, the coordinator shall conduct an evaluation of the information and technology associate's performance during the previous twelve-month period. Included among the criteria for such evaluation shall be whether or not the information and technology associate has substantially accomplished his or her established goals and objectives. However, this should not be considered the only reason for such evaluation. At the time of such evaluation, the coordinator shall establish goals and objectives to be accomplished by the information and technology associate during the next twelve-month period.
e.
Removal. The information and technology associate's employment shall be at the will of the Mayor and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
f.
Compensation. The information and technology associate shall receive such compensation as shall be fixed, from time to time, by the Board of Commissioners in a salary ordinance.
[Ord. #2548, § 1; Ord. #2764, § 1]
a.
Creation. There is hereby created in the department to which the coordinator is assigned the office of special projects associate for the Township of Lyndhurst. The special projects associate shall serve under the supervision of the coordinator, and shall assist with the cost-efficient and timely completion of short-term special projects within the Township, including the supervision, establishment, maintenance, and evaluation of construction projects funded by public monies; projects involving the acquisition of, or development of, lands within the Township wherein the expenditure of public funds is contemplated; and to coordinate the efforts of all Township officers and departments for the purpose of improving the cost efficiency of the municipal government.
b.
Appointment of Special Projects Associate. The special projects associate shall be appointed by the Mayor and shall be appointed on the basis of executive and administrative abilities, with special regard to education, training, and experience related to the functions assigned to that office. The special projects associate shall be a graduate of an accredited college or university, with a minimum of five years experience with private or public construction projects.
c.
Term. The term of office of the special projects associate shall be at the pleasure of the Mayor.
d.
Evaluation. On or before July 1st of each year, the coordinator shall conduct an evaluation of the special projects associate's performance during the previous 12 month period. Included among the criteria for such evaluation shall be whether or not the special projects associate has substantially accomplished his or her established goals and objectives. However, this should not be considered the only reason for such evaluation. At the time of such evaluation, the coordinator shall establish goals and objectives to be accomplished by the special projects associate during the next twelve-month period.
e.
Removal. The special projects associate's employment shall be at the will of the Mayor and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
f.
Compensation. The special projects associate shall receive such compensation as shall be fixed, from time to time, by the Board of Commissioners in a salary ordinance.
[Ord. #1456; Ord. #2548, § 2]
a.
Created. There is hereby created the office of Deputy Township Clerk for the Township. The Deputy Township Clerk shall be appointed by the director of the department wherein the office of the Township Clerk is assigned.
b.
Powers and Duties. The Deputy Township Clerk shall have the power and duty to execute all documents required by any law or ordinance to be executed by the Township Clerk and affix the seal of the Township thereto whenever required. The Deputy Township Clerk in executing any documents shall sign the name of the Township Clerk followed by the word "by" and the Deputy Clerk's own name and the words "Deputy Clerk."
The powers and duties herein described shall be exercised by such Deputy Township Clerk only in the absence of the Township Clerk from his office in the town hall, and only when either written direction has been given by the Township Clerk to exercise such power or the Board of Commissioners has determined by resolution that the Township Clerk is temporarily or permanently incapacitated to perform such function.
The Deputy Township Clerk shall have the power and authority herein described and such further power and authority as may be provided by law.
c.
Term of Office. The Deputy Township Clerk shall hold office for a term of four years which term of office shall be coextensive with the term of the Board of Commissioners provided, however, that the term of the Deputy Township Clerk appointed after March 24, 1970 and during the term of the present Board of Commissioners shall expire at the termination of the term of the present Board of Commissioners, and further provided that the Deputy Township Clerk shall be entitled to all rights and privileges to tenure of office for officers and employees of the Township.
d.
Compensation. The Deputy Township Clerk shall upon appointment and performance of the duties of office of Deputy Township Clerk be entitled to a salary as designated annually in the salary ordinance.
[Ord. #1667; Ord. #2548, § 2]
a.
Office Created. There is hereby created and established for the Township the office of Tax Assessors. There shall be a Chief Assessor and a Tax Assessor and such other personnel as may be deemed to be necessary by the director of the department. The appointment of the Chief Assessor and Tax Assessor shall be by the director of the department to which the office has been assigned by the Board of Commissioners.
b.
Duties. The Chief Assessor shall be the person in charge of the office and shall be responsible for the performance and discharge of all functions and duties prescribed by law for municipal assessor and shall be responsible for the administrative duties in the office of Tax Assessors and such other duties as shall be assigned by the director of the department.
c.
Term of Office. The Chief Assessor shall hold his office for a term of four years from the first day of July next following his appointment. The Tax Assessor shall hold office for the term of his appointment and until the expiration of the term.
[Ord. #1489; Ord. #2090; Ord. #2548, § 2]
a.
Created. There is hereby created the office of Deputy Township Tax Collector. The Deputy Township Tax Collector shall be appointed by the Director of the Department of revenue and Finance.
b.
Powers and Duties. The Deputy Township Tax Collector shall have the power and duty to collect and receive the monies due to the Township for taxes, special assessments and other miscellaneous revenues received by the Tax Collector/Treasurer/Chief Financial Officer of the Township. The Deputy Township Tax Collector shall have the power to execute all documents required by any law or ordinance to be executed by the Township Tax Collector/Treasurer/Chief Financial Officer. The Deputy Township Tax Collector in executing any documents or instruments authorized to be executed by the Township Tax Collector/Treasurer/Chief Financial Officer, shall sign the name of the Township Tax Collector/Treasurer/Chief Financial Officer followed by the word "by" and the Deputy Township Tax Collector's own name and the words "Deputy Tax Collector."
The powers and duties herein described shall be exercised by such Deputy Township Tax Collector only in the absence of the Township Tax Collector/Treasurer/Chief Financial Officer from his office in the town hall, and only when either written direction has been given by the Township Tax Collector/Treasurer/Chief Financial Officer to exercise such power or the Board of Commissioners has determined by resolution that the Township Tax Collector/Treasurer/Chief Financial Officer is temporarily or permanently incapacitated or absent to perform such function.
The Deputy Township Tax Collector shall have the power and authority herein described and such further power and authority as may be provided by law.
c.
Term of Office. The Deputy Township Tax Collector shall hold office for a term as prescribed by statute and shall be entitled to all rights and privileges to tenure of office for officers and employees of the Township and the office of Deputy Township Tax Collector as provided by statute and ordinance of the Township.
d.
Salary. The Deputy Township Tax Collector shall upon appointment and performance of the duties of the office of Deputy Township Tax Collector be entitled to a salary as set forth in the salary ordinance adopted by the Township.
[Ord. #1577; Ord. #2548, § 2]
a.
Creation. There is hereby created the office of environmental coordinator for the Township. The environmental coordinator shall be appointed by the director of the department wherein the office is assigned.
b.
Powers and Duties. The environmental coordinator shall have the power to:
1.
Formulate comprehensive policies for the conservation of the natural resources of the Township, the promotion of environmental protection and the prevention of pollution of the environment of the Township.
2.
Conduct and supervise programs of education, including the preparation and distribution of information relating to conservation, environmental protection and ecology.
3.
Coordinate the efforts of all Township officers and departments in working to improve the environment of the Township.
4.
Such other powers of authority as may be provided by law.
c.
Term of Office. The environmental coordinator shall hold office for a term of four years, which term of office shall be coextensive with the term of the Board of Commissioners provided, however, that the term of the environmental coordinator appointed after the adoption of this section and during the term of the present Board of Commissioners shall expire at the termination of the term of the present Board of Commissioners, and provided, further, that the environmental coordinator shall be entitled to all rights and privileges to tenure of office for officers and employees of the Township.
d.
Compensation. The environmental coordinator shall, upon appointment and performance of the duties of his office, be entitled to a salary as established annually in the salary ordinance.
[Ord. #2548, § 3]
a.
Creation. There is hereby created the office of confidential aide to the Director of the Department of Public Safety. The confidential aide shall be appointed by the Director of the Department of Public Safety, and shall serve at the pleasure of the Director of the Department of Public Safety.
b.
Powers and Duties. The confidential aide shall serve as advisor to the Director of the Department of Public Safety, represent the Director of the Department of Public Safety in matters relating to that Department at the Director's request, attend meetings relating to that Department at the Director's request, and perform such other duties as may be assigned by the Director of the Department of Public Safety. The confidential aid shall not have the power to make decisions on behalf of the Director of Public Safety without the express written consent of the Director, and such decisions shall be limited in nature.
c.
Compensation. The confidential aide shall serve without compensation and shall not be entitled to any of the rights and benefits of other Township employees.
d.
Removal. The confidential aide's employment shall be at the will of the Director of the Department of Public Safety and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
[Ord. #2558, § 1]
a.
Creation. There is hereby created the office of emergency telecommunications services coordinator (hereinafter referred to as E.T.S.C.) in the Department of Public Safety to administer and submit all frequency coordination forms and Federal Communications Commission applications; coordinate all frequency licensing and assignments for Township departments and agencies; establish, administer, maintain, and prepare Township telecommunications equipment and frequencies, rules and regulations for operation of radio communications equipment by Township employees and emergencies services, communications equipment records, severe weather watches and warnings, testing of radio alert and warning systems; and generally to assist and consult the Township regarding its telecommunications services and operations. The E.T.S.C. shall be appointed by the Director of the Department of Public Safety, and shall serve at the pleasure of the Director of the Department of Public Safety.
b.
Appointment to be Based on Ability. The E.T.S.C. shall be appointed on the basis of ability, with special regard to education, training, and experience related to the functions assigned to that office. The E.T.S.C. shall have knowledge of the following: telecommunications equipment, including installation, operation, power requirements, frequency programming, and field trouble shooting; and amateur radio operations, land mobile radio, and telephone and satellite systems. The E.T.S.C. shall also have the following certifications, licenses, memberships, and training, as follows: amateur radio license, technician plus or above; certification as New Jersey R.A.C.E.S. operator; certification by the National Weather Service of the New Jersey State Police training section on all hazardous weather that has a probability of affecting the Township, and New Jersey and National Incident Management Systems; membership in the Association of Public Safety Officers Communications Officers, Inc. (APCO); and attendance in WMD training, pursuant to the guidelines of the Office of the New Jersey Attorney General.
c.
Term. The E.T.S.C. shall serve at the pleasure of the Director of the Department of Public Safety.
d.
Compensation. The E.T.S.C. shall serve without compensation and shall not be entitled to any of the rights or benefits of other Township employees.
e.
Removal. The E.T.S.C.'s employment shall be at the will of the Director of the Department of Public Safety and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
[Ord. #2709, § 2]
a.
Creation. There is hereby created the office of Director of New Media and Social Communication. The Director of New Media and Social Communication shall be appointed by the Director of the Department of Public Affairs, and shall serve at the pleasure of the Director of the Department of Public Affairs.
b.
Appointment. In the event the Township has augmented its existing workforce with competent private sector information technology (IT) professional consultants, this office may be filled by one of the Township's existing IT vendors. Appointment to this position shall not affect in any way such vendor as existing or, future contract with the Township. In the event this ordinance is in conflict with any existing ordinance, this ordinance shall control.
c.
Powers and Duties. The Director of New Media and Social Communication shall serve as advisor to the Director of the Department of Public Affairs, represent the Director of the Department of Public Affairs in matters relating to technology as a communication tool, public image, community communication and public relations. Additionally, the Director of New Media and Social Communication may attend meetings relating to that Department at the Director's request, and perform such other duties as may be assigned by the Director of the Department of Public Affairs. The Director of New Media and Social Communication shall not have the power to make decisions on behalf of the Director of Public Affairs without the express written consent of the Director and such decisions shall be limited in nature.
d.
Compensation. The Director of New Media and Social Communication shall serve without compensation and shall not be entitled to any of the rights and benefits of other Township employees.
e.
Removal. The Director of New Media and Social Communication's employment shall be at the will of the Director of the Department of Public Affairs and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
a.
Creation. There is hereby created the office of attendance secretary in the Department of Public Safety. The attendance secretary shall be appointed by the Director of the Department of Public Safety, and shall serve at the pleasure of the Director of the Department of Public Safety.
b.
Powers and Duties. The attendance secretary shall serve as advisor to the Director of the Department of Public Safety, and be responsible for the input, updating and control of all attendance records of the Fire Department. The attendance secretary shall respond to all requests for attendance reports from the Director of the Department of Public Safety, the Chief Financial Officer and the municipal auditor, and shall perform such other related duties as may be assigned by the Director of the Department of Public Safety.
c.
Compensation. The attendance secretary shall serve without compensation and shall not be entitled to any of the rights and benefits of other Township employees.
d.
Removal. The attendance secretary's employment shall be at the will of the Director of the Department of Public Safety and his or her removal may be with or without cause. Nothing in this subsection shall be intended to constitute a contract of employment.
[Ord. #2888, §§ 1, 2; amended 8-8-2017 by Ord. No. 2968-17]
a.
The Office of Township Attorney is created within the Department of Public Safety. The following are the specifications of the Office of Township Attorney:
1.
The position of Township Attorney may be considered and designated by the Board of Commissioners as a full-time employee. When so designated, the Township Attorney shall work a minimum of 32.5 hours per week, which is the number of hours in a standard workweek for Township administrative employees, pursuant to § 5-10 of the Township Code.
2.
The number of hours worked by the Township Attorney shall include all hours during which the Township Attorney is in attendance at Board of Commissioners meetings.
3.
In the alternative, the Township Attorney may be appointed by the Board of Commissioners (BOC) pursuant to a professional services contract. In either case, the term of appointment shall not exceed 12 months.
4.
The Township Attorney shall be licensed to practice law in the State of New Jersey and shall provide evidence of thorough knowledge of N.J.S.A. 40A:1 et seq. This is the Municipalities and Counties Title of New Jersey law. (Knowledge of Title 40 and Title 54 is also required.)
5.
The Township Attorney shall attend all meetings of the Board of Commissioners, except where there may be a reasonable scheduling conflict. In the event that such a reasonable scheduling conflict exists, then a substitute attorney shall be arranged for by the Township Attorney. Should no adequate substitute attorney be available, the Board of Commissioners may meet only if there are no litigation issues on the BOC agenda.
6.
The Township Attorney shall keep an hourly record of all time worked on Lyndhurst matters.
7.
All files maintained by the Township Attorney shall be the property of the Township; however, custody of all files may be with the Township Attorney.
8.
The Township Attorney shall report to the Commissioner of Public Safety as to all daily activities and duties performed.
9.
The Township Attorney shall render all legal advice and review all legal matters pertaining to, or involving, the Township of Lyndhurst, except where a specialized area of law may require another attorney to render a specific service.
10.
The Township of Lyndhurst shall provide an office for the exclusive use of the Township Attorney. The Township Attorney shall use said office exclusively for Township-related business. Said business must be legal, financial or personnel related. This may include coordinating department activities; said coordination may be conducted with other officers and officials of the Township of Lyndhurst.
11.
In the event the Township Attorney is considered a full-time employee, he must exclusively dedicate his time while at the Lyndhurst law office to Township business and affairs so as to be qualified to be placed on the Township's payroll. Should the Commissioner of Public Safety determine that the Attorney is not working exclusively on Township business, the Attorney may be disqualified from being on the Township payroll; in effect, the Attorney shall not be considered a full-time employee if a pattern of not working exclusively on Township business is apparent. Notwithstanding the foregoing, the Township Attorney may take occasional phone calls on matters other than those involving Lyndhurst.
12.
The Township Attorney may receive employment benefits that are provided other employees, with the exception of all health benefits, which may be purchased from the Township of Lyndhurst by the Attorney at 105% of the Township cost of the insurance premium. The Township Attorney may not accrue sick or vacation time, and he/she may not be paid for any unused leave balances, because he/she is not entitled to any leave. However, the Township Attorney shall work 1,560 hours annually to be considered full-time. [This represents the standard workweek (32.5 hours) less 20 days off, such as sick, vacation and other time.] The Township Attorney, when considered a Township employee, shall only receive additional compensation (such as overtime) if he:
13.
The Township Attorney shall be paid $175 per hour, or $156,000 annually, if considered a full-time employee.
14.
The annual salary of the Township Attorney may be modified by resolution of the BOC. In the event the Township Attorney is engaged under a professional services agreement, the compensation shall be fixed in said agreement.
15.
Within the Office of Township Attorney, there is hereby created the position of Assistant Township Attorney. The Assistant Township Attorney shall report to, and coordinate all activities with, the Township Attorney.
16.
The Assistant Township Attorney shall not be considered a Township employee and may be a member of a law firm or be a solo practitioner. The Assistant Township Attorney shall be appointed by resolution, and his/her compensation shall not exceed $125 per hour worked, except to handle, defend and prosecute all tax appeals, as set forth in Subsection a17 hereof, and unless otherwise specified in a resolution of the BOC.
17.
The Assistant Township Attorney may handle all tax appeal matters at an annual retainer not to exceed $85,000 and as more particularly itemized on a monthly billing statement setting forth the matters worked on. The Assistant Township Attorney shall serve at will of the Township Attorney and may be terminated by the Township Attorney upon 30 days' written notice.
18.
The Assistant Township Attorney shall assist the Township Attorney on all personnel and labor matters and may be the lead attorney on any and all such matters.
19.
The Township Attorney and Assistant Township Attorney shall maintain legal malpractice insurance, or the equivalent, which includes the Joint Insurance Fund (or other insurance company covering the Municipal Attorney).
b.
It is the policy of the Lyndhurst Board of Commissioners to encourage shared service agreements with other municipalities located in New Jersey, the Lyndhurst Board of Education, and other government entities. This includes finance, legal, information technology and other shared service agreements. Should a shared service agreement be entered into with any such entity involving the Office of Township Attorney, then the first $40,000 shall be retained by the Township to offset the cost of the Office of Township Attorney. Any sum received over $40,000 shall be paid to the Township Attorney as additional compensation, up to a maximum of $20,000. After receiving $60,000 in total, the Township and Attorney shall split the additional amount in equal shares (50%-50%).
[Added 3-14-2023 by Ord. No. 3141-23]
a.
Creation. There is hereby created the office of a full-time Property Maintenance Inspector for the Township. The full- time Property Maintenance Inspector shall be appointed by the Commissioner of the Department of Public Safety and assigned to the Department under which the Commissioner is the Director.
b.
Powers and Duties.
1.
Report to the representative of the Police Department who is assigned by the Chief of Police to oversee Code enforcement.
2.
Enforce all Township ordinances related to Code enforcement.
3.
Attend court appearances when required.
4.
Have communications with the Code enforcement attorney regarding court, ordinances, and legal advice.
5.
Train, supervise and evaluate the performance of all part-time Code enforcement officers.
6.
Attend meetings related to the Code enforcement operation.
7.
Assist the Police Department representative and the Public Safety Commissioner in interviewing applicants for inspector vacancies.
8.
Point of contact for Code enforcement when dealing with other municipal departments for assistance with enforcement issues.
9.
Any other duties assigned by the Police Department representative overseeing Code enforcement.
[Added 7-11-2023 by Ord. No. 3169-23]
a.
Creation. There is hereby created the office of Supervisor, Department of Parks and Public Property, for the Township. The Supervisor, Department of Parks and Public Property, shall be appointed by the Commissioner of Parks and Public Property and assigned to the Department under which the Commissioner is the Director.
b.
Powers and Duties. The Supervisor, Department of Parks and Public Property, shall have the responsibility to:
1.
Manage and oversee the day-to-day operations of the Department of Parks and Public Property;
2.
Supervise and manage all Township public buildings, grounds, parks, recreational and athletic facilities;
3.
Direct, coordinate and allocate staffing and other resources;
4.
Identify maintenance, project, operation and program needs;
5.
Evaluate all departmental operating policies and procedures on a regular basis and recommend improvements where needed to the Commissioner;
6.
In conjunction with the Commissioner and Executive Office Administrator, ensure training, supervision, scheduling, and evaluation of all Department of Parks and Public Property staff and provide support and assistance as needed;
7.
Preparation of written reports;
8.
Support and perform all other tasks and duties as may be required by the Commissioner of the Department of Parks and Public Property;
9.
Will be required to work nights, weekends and some holidays on occasion.
c.
Qualifications. The Supervisor, Department of Parks and Public Property, shall have a minimum of 12 years' experience with municipal government as well as experience in coordination, park/field maintenance, planning, scheduling, personnel supervision; record keeping, and report preparation.
d.
Salary. The salary for the position shall be a maximum of $35,000.
[Added 5-30-2024 by Ord. No. 3197-24]
a.
Creation. There is hereby created the office of "Safety Coordinator" for the Township. The Safety Coordinator shall be appointed by the Commissioner of Revenue and Finance and assigned to the Department under which the Commissioner is the Director.
b.
Powers and Duties. Safety Coordinator will have the responsibility of filing annual PEOSHA Reports, set up quarterly safety meetings, submit quarterly JIF Safety Incentive Reports and participate and track MSI or equivalent technical safety training webinars for employees and volunteers. The Safety Coordinator will work with the Claims Coordinator through the Accident Review Process to monitor Supervisor Incident Investigation Reports. The Safety Coordinator will establish a recordkeeping system to collect and organize Safety Incentive Program documentation. The Safety Coordinator will act as the liaison between the municipality, the JIF Safety Director and other outside agencies.
[Added 5-6-2025 by Ord. No. 3225-25]
a.
Creation. There is hereby created the office of "Crossing Guard Administrator" for the Township. The Crossing Guard Administrator shall be appointed by the Commissioner of Public Safety and assigned to the Department under which the Commissioner is the Director.
b.
Powers and Duties. Crossing Guard Administrator will have the responsibility, along with their regular crossing guard duties, of scheduling the crossing guards to their posts, substituting absentee crossing guards, and making phone calls when the school day is cancelled under the supervision of the Chief of Police.
[Ord. #1424, § 13]
A municipal court for the Township is established pursuant to the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented.
[Ord. #1424, § 13]
The name of the Municipal Court shall be the "Municipal Court of the Township of Lyndhurst."
[Ord. #1424, § 13]
The Municipal Court shall have a seal which shall bear the impress of the name of the court.
[Ord. #1424, § 13]
The Municipal Court and the Municipal Magistrate thereof shall have, possess and exercise all the functions, powers, duties and jurisdictions conferred by the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented, or by any other law.
[Ord. #1424, § 13]
There shall be a Judge of the Municipal Court, who shall be appointed by the Board of Commissioners and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified; except that, the now presiding Judge of the Municipal Court shall serve for the balance of the term for which he was appointed. He shall have the qualifications required by law.
The Judge shall receive an annual salary as fixed by ordinance or resolution to be paid in the same manner as the salaries of other municipal officers are paid, and which shall be in lieu of all fees, costs and any other allowances whatsoever.
[Ord. #1544]
There shall be a Clerk and Deputy Clerk of the Municipal Court who shall be appointed by the Board of Commissioners. The Clerk and Deputy Clerk shall be appointed for a term of three years from the date of their appointment and until their successor is appointed and qualified, except that the Clerk and Deputy Clerk shall be entitled to tenure rights as provided by the personnel policy, practices and regulations of the Township, Chapter 5, Personnel Policy, Practices and Regulations, of this code.
The Clerk and Deputy Clerk shall receive an annual salary: to be fixed by the salary ordinance adopted by the Board of Commissioners annually and shall be paid in accordance with the provisions of the salary ordinance.
The Municipal Judge shall establish a violations bureau within the Municipal Court. The Municipal Judge shall designate either the Clerk or Deputy Clerk as the violations clerk but the designated violations clerk shall not receive any additional compensation.
[Ord. #1424, § 13]
The Municipal Court shall be held in the Municipal Building, Valley Brook Avenue, Lyndhurst, New Jersey. The Municipal Judge shall designate the days when sessions of the court will be held and the hour at which the court will be held, in accordance with the rules of the court.
[Ord. #1424, § 13]
The position of Municipal Court Prosecutor in the Township is hereby created.
[Ord. #1424, § 13]
The Municipal Court Prosecutor should be an attorney at law of New Jersey.
[Ord. #1424, § 13]
The Municipal Court Prosecutor shall be appointed for a term of four years by the Board of Commissioners of the Township as provided by law.
[Ord. #1424, § 13]
The duties of the Municipal Court Prosecutor shall be to appear in the municipal court of the Township and to conduct the prosecution of matters pending therein when so requested by the Judge or by any authorized officer of the Board of Commissioners or any of the Township's duly constituted bodies, boards or agencies.
[Ord. #1424, § 13]
The Municipal Court Prosecutor shall receive an annual salary as fixed by resolution of the Board of Commissioners, to be paid in the same manner as the salaries of other municipal officers are paid, and which shall be in lieu of all fees, costs and any other allowances whatsoever.
[Ord. #1678, § 1]
There shall be a Municipal Court Public Defender for the Township.
[Ord. #1678, § 2]
The Municipal Court Public Defender shall be an attorney at law of the State of New Jersey.
[Ord. #1678, § 3]
The Municipal Court Public Defender shall be appointed for a term of four years by the Board of Commissioners.
[Ord. #1678, § 4]
The Municipal Court Public Defender shall be responsible for representing indigent persons in court actions before the municipal court of the Township and shall conduct the defense of criminal actions pending therein when requested by the Judge of the Municipal Court.
[Ord. #1678, § 5]
The Municipal Court Public Defender shall receive compensation as fixed by ordinance of the Board of Commissioners and shall be paid in the manner as set forth in that ordinance.
[Ord. #2232, § 1; Ord. #2341]
Pursuant to N.J.S.A. 2B:12-28, Defense of Indigents, an applicant for the Municipal Public Defender shall pay an application fee of $200. The Municipal Court Judge may waive the fee in whole or in part if the Judge determines in his or her discretion that the application fee represents an unreasonable burden on the person seeking representation.
[Ord. #1504, § 1; Ord. #1561; Ord. #1587; Ord. #1633; Ord. #1767; Ord. #1802; Ord. #1832; Ord. #2043, § 1; Ord. #2116; Ord. #2166, § I; Ord. #2231, § I; Ord. #2272; Ord. #2289, § I; Ord. #2314, §§ I, II; Ord. #2335, § I; Ord. #2372, §§ I, II; Ord. #2386, § I; Ord. #2399, § I; Ord. #2450, § I; Ord. #2490, § I; Ord. #2559, § I; Ord. #2614, § 1; Ord. No. 2934-16]
a.
The heretofore established Police Department of the Township of Lyndhurst shall be continued without interruption; the members of which, including the Chief of Police, are appointed by the Commissioner of the Department of Public Safety, and the head of which shall be the Chief of Police.
b.
Uniformed officers.
[Amended 4-9-2019 by Ord. No. 3017-19]
1.
The Township of Lyndhurst police force shall consist of no more than 56 uniformed officers who shall occupy the following ranks:
c.
The number of officers in each rank may be changed from time to time as recommended by the appropriate authority and confirmed by ordinance by the Board of Commissioners of the Township of Lyndhurst; provided, however, that the appropriate authority is authorized to make such changes that are not inconsistent with the Salary Ordinance or require any additional appropriations.
[Ord. No. 1504 § 1; Ord. No. 2937-16; Ord. No. 2947-16; amended 9-8-2020 by Ord. No. 3050-20; 10-12-2021 by Ord. No. 3087-21]
a.
Appointments: Special Law Enforcement Officers - Class Three. Special law enforcement officers may be appointed in the Township of Lyndhurst in accordance with the provisions of this section and the provisions of N.J.S.A. 40A:14-146.8, Special Law Enforcement Officers' Act, and all amendments thereto. Appointments of special law enforcement officers shall be made by the Public Safety Commissioner of the Township of Lyndhurst. There may be appointed such number of said special law enforcement officers as may be required. The Public Safety Commissioner may also appoint Class Three special law enforcement officers in accordance with N.J.S.A. 40A: 14-146.8 et seq. Such special law enforcement officers shall meet the qualifications set forth in N.J.S.A. 40A:14-146.10 and be trained in accordance with the standards of the Police Training commission. Such special law enforcement officers shall be under the instructions of the Chief of Police, be subject to such rules and regulations as applicable to the Police Department and shall be appointed for a term not exceeding one year, but may be appointed, reappointed or employed as the occasion demands. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department, subject to the certification and training requirements of N.J.S.A. 40A:14-146.11, including the power of arrest. Such special law enforcement officers shall not be members of the Police Department. Their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed.
b.
Class Three Special Law Enforcement Officer. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property. The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L. 1985, 39 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection 1 of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun. Compensation is at a rate of $35 per hour.
c.
Training Classifications.
1.
A person shall not commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the commission and a special law enforcement officer shall not be issued a firearm unless the officer has successfully completed the basic firearms course approved by the commission for permanent, regularly appointed police and annual requalification examinations as required by subsection b. of section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146-14). Training may be in a commission-approved academy or in any other training program which the commission may determine appropriate.
2.
The commission may, in its discretion, except from requirements of this section any person who demonstrates to the commission's satisfaction that the person has successfully completed a training course conducted by a federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of this act.
3.
The commission shall certify officers who have satisfactorily completed a training program and issue appropriate certificates to those officers. The certificate shall clearly state the category of certification for which the offer has been certified by the commission.
d.
Term. Special law enforcement officers shall be appointed for terms not to exceed one year; provided, however, that the appointment may be revoked by the Public Safety Commissioner for cause at the hearing unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing, pursuant to N.J.S.A. 40A:14-146.14 et seq. Nothing herein shall be construed to require reappointment upon the expiration of a term. The special law enforcement officers so appointed shall not be members of the police force of the Township of Lyndhurst, and their powers and duties as determined pursuant to this section and New Jersey Statutes shall cease at the expiration of the term for which the special law enforcement officer was appointed.
e.
Minimum application requirements. No person shall be appointed as a special law enforcement officer unless the person:
1.
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
2.
Is a citizen of the United States, and must possess a valid New Jersey driver's license.
3.
Is of good moral character.
4.
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office.
5.
Has successfully undergone psychological testing, which is required of all full-time police officers of the Township.
6.
Shall have had fingerprints taken, which shall be filed with the Division of the State Police and Federal Bureau of Investigation.
7.
Is not serving as a regularly appointed full-time police officer of any municipality or a public official with responsibility for selecting law enforcement policy or exercising authority over the budget of the Township or supervision of the Police Department of the Township.
8.
Must be at least 18 years of age (SLEO I).
f.
Applications. Every applicant for appointment as a special law enforcement officer shall submit a written application, verified under oath, setting forth his qualifications for the position and other data in the form and manner as hereafter may be prescribed by the governing body.
g.
Approval by Chief of Police. Before any special law enforcement officer is appointed pursuant to this chapter and applicable New Jersey Statutes, the Chief of Police or, in the absence of the Chief, other chief law enforcement officer of the Township of Lyndhurst shall ascertain the eligibility and qualifications of the applicant and shall report these determinations in writing to the Public Safety Commissioner of the Township of Lyndhurst.
h.
Hours of employment. Special law enforcement officers may be employed to serve no more than the number of hours prescribed by the applicable provisions of the Special Law Enforcement Officers' Act, together with any additional hours permitted by law to provide public safety and law enforcement services to the Township of Lyndhurst and other public entities.
i.
Uniforms. Class Three Special Law Enforcement Officers shall receive a $500 yearly clothing allowance for the purchase of uniforms. The special officer shall be responsible for the care and maintenance of the uniform and all other equipment issued, if any, and shall return the same at the termination of the appointment term; and insignia indicating the officer's status as a special law enforcement officer and type of certification issued pursuant to Subsection b hereof shall be worn with the uniform.
[Ord. #1504, § 1; Ord. #1712; Ord. #1730; Ord. #1737]
a.
The annual salaries of the members of the Police Department are established in the annual salary ordinance.
b.
In addition to the salaries set forth herein, there shall be paid to all superior officers who are full time employees of the Detective Bureau the annual sum of $375 over and above their regular. This sum shall be paid at the regular pay periods.
c.
In addition to the salaries set forth herein, all members of the Department shall be entitled to receive an additional compensation of $10 per annum for each credit of police science college courses; provided, however, that in any course, before additional credit is claimed, a grade of "C" or better must be attained. No member of the Department shall be entitled to receive additional compensation for credits of police science college courses until the member has completed three years of service as a member of the Department.
d.
In addition to the salaries and other compensation set forth herein, there shall be paid to each regular, full-time member of the Police Department an additional sum based upon his annual salary as follows:
1% after four years of service.
1/4 for every year of service thereafter to a maximum of 6%.
This sum shall be added to the salary heretofore set forth and shall be paid at the regular pay period.
[Ord. #1504, § 1; Ord. #1712; Ord. #1730; Ord. #1737]
a.
The members of the Police Department shall be entitled to a clothing allowance for the calendar year of 1979 in the amount of $400 for the care, maintenance and replacement of uniforms payable in the following manner: $200 June 1, 1979 and $200 on December 1, 1979.
b.
The members of the Police Department shall be entitled to sick leave in accordance with the provisions of § 5-13 of Chapter 5, Personnel Policy, Practices and Regulations, and shall be further entitled to annual vacation based on the provisions of § 5-12 as set forth in Chapter 5. Vacation benefits shall accrue and be determined as of the anniversary date of employment of each member. No member shall be entitled to five days vacation for six months service unless hired prior to April 1, 1977.
c.
The members of the Police Department shall be entitled to 13 paid holidays per year, which shall include the following:
New Year's Day
Lincoln's Birthday
Washington's Birthday
Good Friday
Easter Sunday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veterans Day
Thanksgiving Day
Christmas Day
In addition to the regular paid holidays hereto set forth, the employees shall be entitled to such further paid holidays as may be declared by the Board of Commissioners.
Payment of holidays shall be in lieu of compensatory time off for any holiday worked. All holiday pay shall be included in the base salary for all men for pension and retirement purposes.
Due to the nature of the employment of the members of the Police Department, they shall adhere to the work schedule as promulgated by the Chief of Police and shall receive in lieu of said holiday, if required to work, compensation in the amount equivalent to one day's salary to the regular salary paid for this employment.
[Ord. #1504, § 1]
Any member of the Township Police Department who shall become temporarily unable, by reason of injury sustained in the discharge of his duties, to perform his duties shall be entitled to the same right and privilege and subject to the same obligations as set forth in accordance with Chapter 5, Personnel Policy, Practices and Regulations.
[Ord. #1504, § 1]
a.
Hours. The hours of employment of uniformed members of the Township Police Department shall not exceed eight consecutive hours in any one day, nor 40 hours in any one week, provided that in case of emergency the Board of Commissioners or the Chief of Police, or anyone acting for the Board of Commissioners or the Chief of Police, shall have full authority to summon and keep on duty any and all such members during the period of emergency.
b.
Prohibition of employment. The members of the Police Department are prohibited from performing any remunerative employment on the days which they are designated to perform their duties as police officers as set forth in the schedule promulgated by the Chief of Police. Any member violating this provision shall be subject to disciplinary action as set forth in this section.
[Ord. #1504, § 1]
The members of the Police Department shall be subject to the provisions set forth in Chapter 5, Personnel Policy, Practices and Regulations, § 5-20, paragraph b., Causes, pertaining to the Police Department and shall also include the following:
a.
Causes. The causes sufficient for disciplinary action shall include the following:
1.
Neglect of duty.
2.
Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked.
3.
Insubordination or serious breach of discipline.
4.
Intoxication while on duty.
5.
Conviction of a criminal act.
6.
Disobedience of the departmental rules, regulations and directives.
7.
Immorality, indecency or lewdness.
8.
Willful maltreatment of a prisoner or citizen.
9.
For conduct unbecoming an officer and gentleman.
10.
Using indecent or profane language.
11.
For refusing to do police duty of any kind whenever the necessity requires, whether on patrol or elsewhere and whether in uniform or not.
12.
For conduct subversive of good order and discipline of the Police Department.
13.
Accepting a bribe, gift or favor as consideration for the performance or nonperformance of his duty.
14.
Commenting publicly on the official action of a superior officer.
15.
Soliciting or requesting any person or persons to intercede with the Director of Public Safety, or with the Chief of Police, in relation to the promotion of any police officer or police officers or in relation to the determination of the beats or hours of service of any police officer or police officers, or in relation to the disposition of any charge or charges pending against the Chief of Police or any police officer or police officers or in relation to the trial, findings or judgment in connection with such charge or charges.
[Ord. #1504, § 1]
It shall be the duty of the Chief of Police to prefer all disciplinary charges against members of the Police Department in accordance with the provisions of Chapter 5, Personnel Policy, Practices and Regulations, insofar as the provisions do not conflict with the rights, duties and responsibilities of the members of the Police Department as set forth by the laws of the State of New Jersey and the provisions of this section and the rules and regulations governing the Police Department as promulgated by the Board of Commissioners of the Township.
[Ord. #1504, § 1]
The duties of the members of the Police Department shall be that they are held responsible for the proper enforcement of all the ordinances of the Township and the laws of the State of New Jersey and of the United States.
[Ord. #1504, § 1]
The Chief of Police shall report, in writing, to the Director of Public Safety at the first regular meeting in each month on all matters pertaining to the Department, giving a complete record of all matters pertaining to the Department, giving a complete record of all arrests and complaints, together with the dispositions of the same, and such recommendations as in his opinion will increase the efficiency of the Department.
[Ord. No. 2945-16; 2-9:14: Ord. #1504, § 1; Ord. #2526; Ord. #2555, §§ 1 — 12; Ord. #2613, §§ 1 — 4; Ord. #2784, §§ 1 — 5; Ord. No. 2939-16; Ord. No. 2945-16 ]
a.
The Director of Public Safety shall cause to be prepared and shall submit to the Board of Commissioners a manual or set of rules for the administration, control and discipline of the Police Department and all the members thereof. The Board of Commissioners shall approve a manual or set of rules for the administration, control and discipline of the Police Department and all the members thereof. Upon approval by the Board of Commissioners, the manual shall be in full force and effect as though it were incorporated as part of this section and a copy thereof shall be furnished to every member of the Department.
b.
Rules and Regulations Adopted. The revised Rules and Regulations dated July 1, 2016 shall be in full force and effect as though they were incorporated as part of subsection 2-9.14 of the Lyndhurst Revised General Ordinances, and a copy thereof shall be furnished to every member of the Police Department. (Police Rules and Regulations: Ord. No. 2954-16)[1]
[Ord. #1504, § 1]
The Chief of Police shall confer with the Municipal Administrator to arrange for the keeping of personnel files for every member of the Police Department in accordance with the provisions of Chapter 5, Personnel Policy, Practices and Regulations. The Municipal Administrator shall maintain the personnel files on the members of the Police Department in the same manner as required for all other municipal employees.
[Ord. No. 2946-16]
a.
Objective. The Township of Lyndhurst desires to promote the most qualified candidates to the positions of higher rank. This subsection establishes the eligibility requirements and the process for promotion to all higher ranks. The promotional process will strive to be all-inclusive and include consideration of the candidates' qualities as a leader as well as their performance and accomplishments as a police officer. The promotional process shall be on the basis of merit, experience, education, demonstrated ability, and competitive examinations. The qualities that this agency considers important for promotion to the next highest rank include, but are not limited to, the following (this list does not necessarily indicate rank order of importance):
1.
Leadership ability;
2.
Supervisory ability;
3.
Initiative;
4.
Decisionmaking capabilities;
5.
Productivity;
6.
Emotional stability;
7.
Management and objective capabilities;
8.
Report writing ability;
9.
Written and verbal communication skills;
10.
Problem solving skills;
11.
Self-confidence;
12.
Knowledge of departmental written directives;
13.
Appearance in uniform;
14.
Ability to gain respect from others;
15.
Attitude towards peers, supervising officers and the public;
16.
Motivation and morale;
17.
Attendance history;
18.
Loyalty to the department police administration and the citizens of the community;
19.
Knowledge of current and future work assignments;
20.
Experience and seniority;
21.
Educational achievement;
22.
Career development and training;
23.
Commendations; and
24.
Special assignment.
b.
Promotion authority. The Commissioner of Public Safety is the appointing authority for the Township of Lyndhurst and is responsible for the promotion of employees of the Township of Lyndhurst Police Department. The authority to promote any member in the Lyndhurst Police Department shall remain exclusively with the Commissioner of Public Safety.
[Amended 9-8-2020 by Ord. No. 3053-20]
c.
Definition. "Promotion" denotes vertical movement in the organizational hierarchy from one rank classification to another, accompanied by increases in salary. In accordance with N.J.S.A. 40A:14-129, promotions shall be made from the membership of the Lyndhurst Police Department.
d.
Eligibility.
[Amended 4-9-2019 by Ord. No. 3017-19]
1.
Detective: All employees serving three years or more years as a Lyndhurst Police Department officer holding the position of patrol officer are eligible for promotion to the rank of Detective.
[Amended 9-8-2020 by Ord. No. 3053-20]
2.
Sergeant: All employees with five years or more holding the position of patrol officer and/or Detective with the Lyndhurst Police Department are eligible for promotion to the rank of Sergeant.
[Amended 9-8-2020 by Ord. No. 3053-20]
3.
Lieutenant: All employees holding the rank of Sergeant are eligible for promotion to the rank of Lieutenant if they have served more than one year of experience in the rank of Sergeant.
4.
Captain: All employees holding the rank of Lieutenant are eligible for promotion to the rank of Captain if they have served more than one year of experience in the rank of Lieutenant.
5.
Deputy Chief: All employees holding the rank of Lieutenant are eligible for promotion to the rank of Deputy Chief if they have served more than one year of experience in the rank of Lieutenant. All employees holding the rank of Captain are eligible for promotion to the rank of Deputy Chief.
6.
Chief: All employees holding the rank of Captain are eligible for promotion to the rank of Chief if they have served more than one year of experience in the rank of Captain All employees holding the rank of Deputy Chief are eligible for promotion to the rank of Chief.
e.
Announcement. Upon receiving instructions from the Commissioner of Public Safety to do so, the Chief of Police shall announce the promotional process to members of the Department at least 14 days prior to when a letter of intent is to be submitted. The announcement shall be made via electronic notifications utilized by the Police Department. The announcement shall contain the rank to be filled and a copy of this subsection.
f.
Letter of intent. Each eligible officer who intends to be a candidate for promotion shall submit to the Chief a "letter of intent" stating his or her intention to take part in the promotional process. This letter must include, at a minimum, his or her qualifications for the position, as well as his or her accomplishments as a police officer and/or his/her accomplishments in his or her current position. This should be completed in resume form and include date of hire, assignment, experience, education (formal, informal, law enforcement in-service training and other job related education) accomplishments, qualifications and anything else deemed important by the applicant. Failure to submit a letter of intent within the prescribed time period shall render the officer ineligible to participate in the promotional process.
g.
Promotional list. After receipt of all letters of intent, the Chief of Police will compile a promotional list and submit the list to the Commissioner of Public Safety. The promotional list will last for one year.
[Amended 9-8-2020 by Ord. No. 3053-20]
h.
Examinations. All eligible officers will be required to submit to oral interview procedures as directed by the Commissioner of the Department of Public Safety. Procedures for the promotion to the rank of detective and sergeant will include an interview with the Chief of Police and a panel of supervisors chosen by the aforesaid. Procedures for the promotion to the rank of Lieutenant and above will consist of an oral interview with the Chief of Police and the Public Safety Commissioner.
[Amended 9-8-2020 by Ord. No. 3053-20]
i.
Recommendation. The Chief of Police will submit to the Commissioner of Public Safety his recommendation(s) for promotion(s).
j.
Probationary period. After promotion, candidate(s) who were promoted shall be subject to a one-year probationary period during which their performance shall be evaluated.
1.
Evaluation of recently promoted candidate(s) for advancement shall be done by the next higher level supervisor. Recently promoted candidates for advancement who exhibit deficient areas of performance will be counseled and receive on-the-job training in such deficient areas. Should the officer be unable or unwilling to perform the duties of his/her position satisfactorily or is of such reputation, habits and dependability as to not merit continuance in his/her promoted rank, said officer will be demoted to his/her former rank. Demotion will only take place upon the recommendation of the Chief of Police and approval of the Commissioner of Public Safety. The Commissioner of Public Safety must consult with the Township Attorney prior to rendering his decision to demote an officer.
(a)
Any officer who is demoted will also return to his former salary.
2.
Upon the permanent appointment to advancement rank, all time served by any member during such probationary period shall be considered as service within said rank and shall be applied toward any required tenure and promotion period.
k.
Appeal of process. Within 10 calendar days of the announcement of the candidate(s) for promotion, an unsuccessful candidate(s) (who pursued the promotion process) may file a written letter of appeal. Said letter must contain all the reason(s) or justification(s) for an appeal, set forth with as much specificity as possible, and must be submitted to the Commissioner of Public Safety, through the appropriate chain of command. Failure to submit said letter shall serve as a waiver of an appeal. The Commissioner of Public Safety will assess the request and make a determination of how the request will be addressed on a case by case basis. The determination of the Commissioner of Public Safety as to any such appeal shall be final and binding.
[1]
Editor's Note: Ord. Nos. 2526, 2555, 2613, 2784 were repealed by Ord. Nos. 2938-16 and 2946-16.
[Ord. No. 2310; repealed by Ord. No. 2366]
[1]
Editor's Note: Former Section 2-9A, Director of Police, was repealed.
[1]
Editor's Note: Former § 2-10, Police Reserve Officers, Ord. No. 1448, as amended, was repealed 2-8-2022 by Ord. No. 3101-22.
[Ord. #1649; amended by Ord. #1992; Ord. #2898-14; 5-14-2019 by Ord. No. 3018-19]
There is established the Police Emergency Squad of the Township, to consist of such of members as shall be set by resolution of the Board of Commissioners of the Township.
The members of the corps and squad shall serve without compensation and shall be appointed by the Director of the Department of Public Safety of the Township and shall be at least 18 years of age. The squad reports to the Director of the Department of Public Safety through the Deputy Commissioner of Emergency Medical Services.
The term of office of the members of the squad shall be one year, which term shall commence on the date of their initial appointment and be renewed on January 1 of each subsequent year.
The Township Police Emergency Squad shall perform all the duties appertaining to the rendering of emergency medical treatment during their assigned tours. They shall have supervision of emergency equipment and shall obey any and all rules and regulations as promulgated by the Township and the Director of Public Safety.
The officers of the Police Emergency Squad shall be a Captain, two Lieutenants, up to three Sergeants, a Secretary and a Treasurer, all of whom shall be selected from and by the members of the squad and shall serve without salary.
Any member having completed 20 years or more of active service in the Department may petition the Director of Public Safety for approval to be placed in the category of inactive member of the Department. Active members having reached their 65th birthday and members who become disabled as a result of injuries received while responding to an emergency shall be permitted to become inactive members of the Department. Inactive members shall enjoy all the privileges and benefits of the Department, except they shall receive 50% of the expenses allowed to active members of the Department.
The Township of Lyndhurst bills for EMS services. Current EMS fees are established at $600 per transport and $12 per mile. Any portion of the transport fee herein established (or the entire fee) may be waived for any part deemed necessary and appropriate by the Township. Any changes of fees billed can be set by resolution of the Board of Commissioners of the Township.
[Ord. #1539, § 1; Ord. #1771, § 1]
The Police Department of the Township upon written request may, in the discretion of the Chief, provide a police escort for any person requesting the same, providing, however, that the person shall accompany the written request with payment of a fee for such service according to the following schedule:
For police escorts within the Township of Lyndhurst: $10.
[Ord. #1539, § 2]
There shall be no service fee for police escorts accompanying funeral corteges, duly permitted parades or municipally-sponsored events.
[Ord. #1539, § 3]
The Police Department shall have prepared the necessary forms requesting police escorts and make the forms available to the public.
[Ord. #1539, § 4]
The Chief of Police shall designate the superior officer in charge of each tour of duty as the person to collect the service fee set forth in this section. The Chief of Police shall maintain an accurate account of all service fees collected from police escorts and shall be responsible for depositing the funds with the Tax Collector of the Township together with the monthly report of escort service provided during the month. A copy of the report shall be filed with the Tax Collector and the Township Clerk.
[Ord. #1610, § 1; Ord. #1844, § I; Ord. #1873, § I; Ord. #2005, § I; Ord. #2087, § I; Ord. #2570, § 1]
The volunteer Fire Department of the Township shall consist of three companies to be known as and designated as Lyndhurst Engine Company No. 1 and Fire Rescue Company No. 4; Lyndhurst Truck Company No. 1 and Hose Company No. 2; and Lyndhurst Engine Company No. 3; and as many additional companies as the Director of Public Safety may establish, with an authorized total force of 80 members; and two chaplains.
[Ord. #1610, § 2]
The Director of Public Safety shall appoint a member of the Lyndhurst Volunteer Fire Department as Deputy Fire Commissioner, provided he has served seven years of active duty, who shall hold this office at the pleasure of the Director of Public Safety. It shall be the duties of the Deputy Fire Commissioner to represent the Director of Public Safety at all Fire Department activities, to supervise the maintenance of the fire alarm system and all apparatus and equipment, and to make recommendations to the Director of Public Safety pertinent to the purchase or acquisition of such equipment and material as he may deem necessary to adequately outfit the Fire Department to effect the maximum means of fire protection and fire extinguishment. The Deputy Fire Commissioner shall be compensated for such duties as per the annual salary ordinance.
[Ord. #2549, § 1]
The Director of Public Safety shall appoint a member of the Lyndhurst Volunteer Fire Department as assistant Deputy Fire Commissioner, provided he has served seven years of active duty, who shall hold this office at the pleasure of the Director of the Department of Public Safety.
In the absence of the Deputy Fire Commissioner it shall be the duties of the assistant Deputy Fire Commissioner to represent the Director of the Department of Public Safety and Deputy Fire Commissioner at all Fire Department activities, to supervise the maintenance of the fire alarm system and all apparatus and equipment, and to make recommendations to the Director of the Department of Public Safety pertinent to the purchase or acquisition of such equipment or material as he may deem necessary to adequately outfit the Fire Department to effect the maximum means of fire protection and fire extinguishment. The assistant Deputy Fire Commissioner shall be compensated for such duties as per the annual salary ordinance.
[Ord. #1610, § 3; Ord. #2549, § 2]
The Director of Public Safety shall appoint two persons who shall be members of the clergy to serve as chaplains of the volunteer Fire Department, and who shall hold office at the pleasure of the Director of Public Safety. The chaplains shall administer spiritual aid and service to members of the volunteer Fire Department and their families, upon the notification by the Chief. For such duties, the chaplains shall be compensated in the amount of $200, per annum, each payable on December 1 of each year.
[Ord. #1610, § 4; Ord. #2549, § 2]
The Chief of the Volunteer Fire Department, the First Assistant Chief, the Second Assistant Chief, the secretary and treasurer shall be elected by a majority vote of the members of the volunteer Fire Department present and voting, at an election which shall take place on the second Friday in the month of May at fire headquarters. The term of office shall be for one year commencing the third Saturday in the month of May.
[Ord. #1610, § 5; Ord. #2549, § 2; amended 12-2-2024 by Ord. No. 3218-24]
No members of the volunteer Fire Department shall be eligible for election to the office of Chief or one of the Assistant Chiefs who has not been a resident of the Township for at least one year prior to nomination and who has not been an active member of the Fire Department for a period of not less than five years, and who has not served at least one year as Lieutenant or Captain of his respective company; and for the office of Chief, he must have served one year as Second Assistant Chief or one year as First Assistant Chief. In the event of a vacancy in the office of the volunteer Fire Department, a special meeting of the Fire Department will be called by the Director of Public Safety and he shall conduct a special election for the purpose of filling the vacancy, complying with the qualifications previously set forth in this section.
[Ord. #1610, § 6; Ord. #2549, § 2]
The Chief shall at all times have command over the members, apparatus and equipment of the volunteer Fire Department at fires. In the answering of fire alarms, the Chief shall direct all other Chiefs and other officers and members of the Fire Department in the performance of their duties, to determine the placement of the apparatus and equipment of the Fire Department in the most advantageous location for the extinguishment of fires; and it shall be his duty to examine, at least once a month, the condition of all apparatus and equipment and fire headquarters and report the same to the Deputy Fire Commissioner for forwarding to the Director of Public Safety. In the absence of the Chief and Assistant Chiefs at fires, the first Captain, and in his absence, the first Lieutenant of any of the companies arriving at the scene of a fire shall act as commanding officer until the arrival of the Chief or an Assistant Chief or Captain. It shall be the duty of the Chief and Assistant Chiefs of the Fire Department to keep a complete and detailed inventory of all apparatus, equipment and supplies of his respective company, placed in the company's charge by the Township, which inventory shall be made as of December 31 of each year, and the same shall be reported to the Deputy Fire Commissioner for forwarding to the Director of Public Safety.
[Ord. #1610, § 7; Ord. #2549, § 2]
It shall be the duty of each company herein provided for to elect, from their members, at a regularly scheduled company meeting to be held annually on compliance with each company's constitution, rules and bylaws, one Captain and one Lieutenant, each to hold office for a period of one year.
[Ord. #1610, § 8; Ord. #2549, § 2]
The government and management of the individual companies herein provided for shall be according to such constitution, rules and bylaws as shall have been adopted by each company's members; providing, however, that the same shall not be inconsistent with the provisions of this section.
[Ord. #1610, § 9; Ord. #1733, § 1; Ord. No. 2381, § I; Ord. #2415, § I; Ord. #2549, § 2; Ord. #2556, § 1; Ord. #2570, § 2; Ord. #2586, § 1; Ord. #2718, § 1; amended 5-8-2018 by Ord. No. 2994-18; 7-12-2022 by Ord. No. 3120-22; 12-2-2024 by Ord. No. 3218-24]
a.
No person shall become a member of the Lyndhurst Volunteer Fire Department or any of the companies thereof unless, at the time of his or her application for membership, that person:
1.
Shall be a resident of a municipality within a two mile radius of Lyndhurst Fire Department Headquarters and is not currently an active member of a volunteer fire department within Bergen County.
2.
Shall be at least 18 years old.
3.
Shall be a citizen of the United States of America.
4.
Shall be certified by a physician as being physically qualified for active duty in the Fire Department.
5.
Shall be of good moral character.
6.
Shall not have been convicted of any crime and shall have consented to a criminal history search and finger-printing to be conducted by the Lyndhurst Police Department.
7.
Shall hold a valid New Jersey driver's license.
8.
Shall submit to a drug screening test.
9.
Shall hold a minimum education requirement of a high school diploma, GED, or its equivalent, or shall have successfully completed the 12th grade school year, in anticipation of obtaining a diploma, GED or its equivalent from a high school or vocational school. Failure to obtain such diploma, GED or its equivalent shall result in disqualification and removal from the Fire Department.
10.
Must submit a drug test and physical which must be completed with 72 hours authorization.
11.
A past member of the Lyndhurst Fire Department who left in good standing for whatever reason may reapply and have the one year residency as stated in requirement number "1" waived. The member must be in compliance with age requirements set forth by the New Jersey State Fireman's Association (NJSFA) and complete all paperwork as a new member and successfully complete a full background investigation by the Lyndhurst Police Department.
12.
Must submit fingerprints to the Lyndhurst Police Department for process by the NJSP.
13.
Must submit a mental health consent form for a mental health screening.
b.
Any applicant who is either denied by a fire company and/or withdraws their application for membership will need to wait one full calendar year before resubmission.
[Ord. #1610, § 10; Ord. #2549, § 2]
No person shall remain an active member of the Department past his 65th birthday or within five years of the time he has received medical advice or treatment for cerebral hemorrhage, coronary thrombosis, myocardial infarction, angina pectorior or any disease or malfunction of the heart or respiratory system. Nor shall any person remain an active member of the Department during such period of time that he is disqualified from accident or disability insurance coverage under such policies as may be in effect for the volunteer Fire Department.
[Ord. #1610, § 11; Ord. #2549, § 2]
Any member having completed 20 years or more of active service in the Department may petition the Commissioner of Public Safety for approval to be placed in the category of inactive member of the Department. Active members having reached their 65th birthday and members who become disabled as a result of injuries received in fighting a fire or other emergency shall be permitted to become inactive members of the Department.
Inactive members shall enjoy all of the privileges and benefits of the Department, except that they shall not engage in fire fighting or emergency handling activities and shall receive 50% of the expenses allowed to active members of the Department.
[Ord. #1610, § 12; Ord. #2549, § 2]
Each apparatus driver of the Township Fire Department shall annually undergo a physical, to be paid for by the Township of Lyndhurst. The examination shall be completed before the third Saturday of May and the findings of same are to be submitted by the Deputy Fire Commissioner to the Director of Public Safety. No apparatus driver of the Township Fire Department shall be eligible to undertake the duties of an apparatus driver until he has completed the physical examination and been certified as medically fit by the examining physician.
[Added 3-14-2023 by Ord. No. 3144-23][1]
a.
Program Created.
1.
A stipend program shall be established to encourage the active recruitment, retention and participation of active members of the Lyndhurst Volunteer Fire Department.
2.
Effective March 14, 2023, and retroactive January 1, 2023, there shall be a stipend program established to compensate active volunteer members of the Lyndhurst Volunteer Fire Department for their loyal, diligent and devoted services to the residents of the Township of Lyndhurst. This program shall be implemented and monitored by the Public Safety Commissioner, Deputy Fire Commissioner, and the active Chiefs of the Department.
3.
The program established by this section shall apply only to active-duty firefighters of the Lyndhurst Volunteer Fire Department.
4.
This stipend program shall not affect the LOSAP Program, or the clothing allowance as contained in Chapter 2 of the Township Code.
5.
The stipend program will be reviewed by the Fire Department membership and Public Safety Commissioner at the completion of the second quarter and fourth quarter in its first year of adoption. The review conducted will consider recommendations for any modifications found necessary, or to affirm that the program is operating satisfactory by both the Fire Department membership and the Board of Commissioners.
b.
Stipend. This program shall provide for a quarterly stipend for each volunteer member that meets the criteria set forth below; that such stipend shall be made in accordance with a plan that shall be established by the Township of Lyndhurst, and that such plan shall be administered in accordance with the laws of the State of New Jersey, and United States Internal Revenue Code and this chapter.
d.
Criteria for Payment of Quarterly Stipend.
2.
Criteria for payment of the quarterly stipend to active volunteer firefighters shall be in accordance with the following schedules:
3.
Volunteer firefighters on personal leave, non-service-related medical leave, scholastic leave or suspended from volunteer service are not eligible for the quarterly stipend.
4.
Volunteer firefighters who join an organization or change their status during the quarter will become eligible to receive a stipend at the beginning of the next quarter.
5.
The Finance Department, in consultation with the Public Safety Commissioner, shall have the authority to approve payment of the quarterly stipend to an active volunteer firefighter due to extraordinary and/or exceptional circumstances.
e.
Recordkeeping.
1.
The Lyndhurst Volunteer Fire Department shall maintain sufficient records, suitable to the Township, to provide for the maintenance of this program and to ensure accurate and complete reporting of volunteer attendance.
2.
It shall be the duty of the Deputy Fire Commissioner or his/her designee to see that those records are provided to the Finance Department for the determination as to which members are eligible to receive the quarterly stipend.
3.
Members who do not agree with the monthly totals are to be referred to their respective company chief. If the member disagrees with the calculations, he or she may appeal to the Deputy Fire Commissioner. The Deputy Fire Commissioner will review and conduct an audit of all documentation and confer with the Chief of the Department and the Public Safety Commissioner prior to rendering a decision.
f.
Stipend Coordination. The Deputy Fire Commissioner shall submit to the Township's Finance Department a quarterly report for payment to eligible members. The quarterly report shall be submitted to the Township's Finance Department on or before April 30, July 31, October 31 and January 31.
g.
Status of the Fire Department. Nothing in this program is intended to change the status of the Lyndhurst Volunteer Fire Department, it being the intent and purpose herein that this organization remain as volunteer organization.
h.
Employer-Employee Relationship.
1.
Nothing in this program is intended to create an employer-employee relationship between a volunteer firefighter. No person receiving a stipend under these regulations shall be considered an employee of the Township.
2.
The payment of any stipend does not change the status of any volunteer. Volunteers are not employees of the Township of Lyndhurst. Stipend payments shall conform to the Fair Labor Standards Act of 1938 (FLSA) requirements as set forth by interpretative guidance promulgated by the United States Department of Labor (DOL) and the New Jersey Department of Labor and Workforce Development (NJDOL).
i.
No Entitlement to Benefits. Nothing in this program will entitle any volunteer firefighter to health and prescription benefits, pension or other like benefits provided by the Township to its full-time employees.
j.
Services Performed During Regular Work Hours. Employees of the Township who are also a volunteer firefighter, are entitled to earn a stipend while performing such volunteer services during regular work hours. As such, the employee must be serving in the full capacity of firefighter during the time of each incident in which they are seeking credit.
k.
Payments. Quarterly payments shall be made in accordance with Township Subsection 2-15.9.
Schedule A Lyndhurst Volunteer Fire Department | |
|---|---|
Firefighters (Fire 1 Certified) Percentage of Total Calls, Drills, and Mutual-Aid Attended Two credits per call responding between 11:00 p.m. and 7:00 a.m. Two credits for all calls exceeding 90 minutes Mutual-aid calls not to be held against those not responding | Maximum Amount Per Quarter |
50% + | $1,000 |
35% to 49% | $750 |
25% to 34% | $400 |
NOTES: | |
***All percentages rounded to the nearest whole number*** | |
-All personnel of the Lyndhurst Fire Department shall attend a minimum of one drill per month in order to be eligible. |
[Ord. #1610, § 14; Ord. #2549, § 2]
Upon election of members by the companies, the secretary of each company shall immediately submit, in writing, the names of such newly elected members to the Director of Public Safety for his approval or rejection. Upon receipt of such report, the Director of Public Safety shall proceed to consider the same. If the report is in favor of admission to membership in the Fire Department of such applicant, the Director of Public Safety may approve or disapprove the same. If the Director of Public Safety approves the report, the names of newly elected members shall be properly recorded. All members of the volunteer Fire Department shall have issued to them a certificate signed by the Director of Public Safety and attested by the Township Clerk, that the person therein named is a duly qualified member of the Fire Department of the Township and a member of the company therein named.
[Ord. #1610, § 15; Ord. #2549, § 2]
An active fireman may be transferred from membership in one company to membership in another company in the volunteer Fire Department. He shall apply to his own company for such transfer. Upon approval by his own company, the application shall be submitted to the company to which he desires to be transferred, and upon its approval, the application shall be submitted to the Director of Public Safety for his approval. The record of duty performed by the member so transferred shall be continued and his annual record of duty for each year shall be based on his record in both companies for the year. The secretary of the company from which he is transferred shall endorse on his application, if approved, a transcript of his record from the beginning of the company year to the date of his transfer. His membership in one company shall not terminate until he has been notified of his admission to the new company.
[Ord. #1610, § 16; Ord. #2549, § 2]
On December 1 of each year the Township shall reimburse each active member of the volunteer Fire Department, the sum of $225 who shall have answered not less than 60% of all fire alarms during the company year next preceding the date of such payment. The sum to each member shall be paid to reimburse him for those expenses incurred in the answering of fire alarms and to replace and clean personal clothing that may become damaged or soiled in the course of the performance of fire duty. In addition, the Township shall pay to a general uniform fund, created by the volunteer Fire Department, the sum of $10 for each active member of the Fire Department; and payment representing allowance for the acquisition of and proper maintenance of a regulation fireman's uniform.
[Ord. #1610, § 17; Ord. 1717, § 1; Ord. #2549, § 2]
The Director of Public Safety shall annually appoint before the third Saturday of May, 12 men from Lyndhurst Truck Company No. 1 and Hose Company No. 2, eight men from Lyndhurst Engine Company No. 3, and eight men from Valley Brook Engine Company No. 1 who are active members of the Lyndhurst Volunteer Fire Department to duty as apparatus drivers, who shall be qualified therefor pursuant to this section. It shall be the duties of the drivers of fire apparatus to drive their respective company's apparatus and to drive any apparatus upon orders of the Deputy Fire Commissioner, and in his absence upon orders of the Chief or Assistant Chiefs or officers, in order of their rank, to the scene of all fires and to tend to and operate all auxiliary equipment in compliance with the orders of the Deputy Fire Commissioner, the Chiefs or officers. Drivers shall be responsible for the safe keeping and careful usage of the apparatus and equipment provided for the use of each respective company by the Township of Lyndhurst and shall promptly report in writing to the Chief of the Fire Department the loss or damage of any of the apparatus and equipment, and he, in turn, will report said loss to the Deputy Fire Commissioner for forwarding to the Director of Public Safety. Drivers will be compensated for such duties in the amount of $125, per annum, payable semi-annually on the first day of June and the first day of December.
[Ord. #1610, § 18; Ord. #2549, § 2]
Any active member of the volunteer Fire Department may obtain leaves of absence. The Director of Public Safety may grant permission for a leave of absence for a period of no more than six months to any active member of the Fire Department; provided, however, that any member so desiring a leave must first make written application to his company and receive the approval of the members of his company. The secretary of the company shall notify the Director of Public Safety of the company's action on all applications for such leaves of absence.
[Ord. #1610, § 19; Ord. #2549, § 1]
Apparatus and equipment shall not be removed or caused to be removed from fire headquarters for any other purpose than answering a fire alarm without the consent of the Deputy Fire Commissioner. In the absence of the Deputy Fire Commissioner, the consent of the assistant Deputy Fire Commissioner shall be required. In the absence of the assistant Deputy Fire Commissioner, the consent of the Chiefs or Assistant Chief, in order of their rank shall be required, except in cases of extreme emergencies.
[Ord. #1610, § 20; Ord. #2549, § 1]
Apparatus and equipment shall not be moved or caused to be moved from the Township except in case of conflagration or call for assistance from a neighboring municipality, and then only with the consent of the Deputy Fire Commissioner. In the absence of the Deputy Fire Commissioner, the consent of the assistant Deputy Fire Commissioner shall be required. In the absence of the assistant Deputy Fire Commissioner, the consent of the Chief or Assistant Chiefs, in order of their rank shall be required, who shall be responsible to the Director of the Department of Public Safety for such act. Fire apparatus shall not be used for parades and convention purposes except by permission of the Director of the Department of Public Safety.
[Ord. #1610, § 21; Ord. #2004, §§ I, II; Ord. #2549, § 2]
a.
Charges Against Members; Hearings; Suspension.
1.
Suspensions; Authority.
(a)
The Chief, First Assistant Chief and Second Assistant Chief shall, at any time, have the authority to suspend any firefighter ("accused") for good cause including, but not limited to:
(1)
Conviction of a criminal offense;
(2)
Disobedience of a firematic order;
(3)
Unauthorized use of a Department vehicle;
(4)
Acting under the influence of drugs or alcohol at a fire scene;
(5)
Conduct unbecoming a firefighter;
(6)
Refusal to obey an order given for the purpose of promoting the maintenance, health, safety and welfare of the Department, its personnel and/or equipment and facilities.
(b)
An officer in charge of a fire shall have the same authority for offenses committed at the fire scene.
(c)
Any officer may file charges against any fire fighter or officer at any time or place.
(d)
Any suspension shall remain in effect until a hearing before the board of officers.
2.
The board of officers shall be comprised of the three Chiefs, three Captains and three Lieutenants of the Department. The board of officers shall have the authority to enforce or vacate a paragraph a1 suspension, remove a firefighter or impose other disciplinary sanctions. The board of officers may decline to hear a matter and may refer the same to the accused's company for disposition.
3.
A quorum of the board of officers shall consist of a minimum of five officers including a Chief. The majority of officers must come from companies different from that of the accused.
4.
The complaining officer shall within seven days present the accused and the board of officers with a written statement of the pending charges, and the accused shall within seven days present the board of officers with a written answer.
5.
The board of officers consisting of at least a quorum shall meet within 14 days of the receipt of the answer. At the hearing, an officer will be selected to keep written minutes of the hearing. The board shall review the statement of pending charges and answer. The complaining officer and accused may testify and offer testimony of other witnesses in their behalf. At the close of testimony, the board of officers, by a majority closed ballot vote shall decide guilt or innocence. Any punishment shall be decided by a majority vote after open discussion.
6.
The Commissioner of Public Safety shall within 21 days review the decision of the board of officers and affirm, reverse or modify the decision of the board of officers; or hold a new hearing. The accused shall have the right to be heard by the Commissioners before a decision is made.
b.
Charges Pursuant to Company Bylaws. In addition to charges brought under the Department bylaws set forth in paragraph a above, charges may be brought against any members of the Fire Department by the company to which the accused fire fighter belongs pursuant to that company's constitution and/or bylaws. The appeal process of the accused shall be the same as in paragraph a above.
[Ord. #1610, § 22; Ord. #2549, § 2]
Any member of the volunteer Fire Department who shall move from the Township and shall remain outside the limits of the Township without the consent of the Director of Public Safety, shall, at the end of 90 days after such removal, cease to be a member of the Fire Department and shall forfeit any and all rights and privileges accruing from such membership.
[Ord. #1610, § 23; Ord. #2549, § 2]
The request for equipment and supplies shall be made by requisition by the Captain of each company, upon the approval of the Chief of his respective company, on a form provided for such purpose. The requisitions shall be delivered to the Deputy Fire Commissioners who shall approve or disapprove the requisition, and forward the same to the Director of Public Safety for final action.
[Ord. #1610, § 24; Ord. #2549, § 2; Ord. #2570, § 3]
There shall be an annual inspection of the entire Fire Department and its equipment by the Director of Public Safety. The inspection shall be held on the third Saturday of May of each year at 5:00 p.m., prevailing time at fire headquarters. All members of the Fire Department are required to attend such inspection dressed in regulation uniform.
[Ord. #1610, § 25; Ord. #2549, § 2]
All officers of the Fire Department heretofore elected and holding office prior to the passage of this section are hereby continued in office, subject to the terms of this section; and all the rights, privileges and terms of services of the members of the Fire Department heretofore acquired prior to the passage of this section are hereby continued, subject to the terms of this section.
[Ord. #2552, § 1; amended 7-12-2022 by Ord. No. 3123-22]
The position of a Special Duty Firefighter is hereby established in the Lyndhurst Fire Department. A Special Duty Firefighter is a person who is employed within the Township of Lyndhurst, resides outside the Township, and is a former member of the Lyndhurst Fire Department or a member of the Fire Department in another jurisdiction. This Special Duty Firefighter shall assist the Fire Department and serve in a similar capacity as a regular member of the Fire Department, as provided therein.
a.
The requirements for service as a Special Duty Firefighter are as follows:
2.
Employment in the Township of Lyndhurst.
3.
Submission of an application in writing to the Lyndhurst Fire Department requesting special duty firefighter status, which request will be reviewed by the Fire Department board of officers and presented to the Fire Department and Director of Public Safety for final approval.
4.
Submission with the application of a letter from the Fire Department in the other jurisdiction stating that the application is a member in good standing with that Fire Department, or a letter from the Lyndhurst Fire Department stating the applicant left the Lyndhurst Fire Department is good standing.
5.
Submission of all proper training certificates in connection with the application.
6.
Satisfactory participation in, and completion of, any training program required by the Lyndhurst Fire Department, and compliance with all Department standard operating procedure requirements and bylaws.
b.
A special duty firefighter shall be provided with the proper fire fighting gear and necessary equipment.
c.
A special duty firefighter shall not be eligible for election to the positions of Chief, First Assistant Chief, Second Assistant Chief, Captain or Lieutenant.
d.
A special duty firefighter can apply to an individual company or serve the entire Fire Department, dependent on the applicant's desire and Fire Department board of officer's approval.
[Added 3-14-2023 by Ord. No. 3143-23]
The requirements for service to the Junior Firefighters' Auxiliary Program are as follows:
a.
Applicant needs to pass a Fire Department physical, using the New Jersey State Firemen's Association form.
b.
Application for membership shall be the same as that of an adult applicant, as set forth at § 2-13.10 excluding Subsection 2-12.10a(7) and (9) of the Township Code, accompanied by a parental permission and release form. Application will be reviewed by the Junior Firefighter Coordinators.
c.
In accordance with the provisions of N.J.S.A. 40A:14-95, no person shall be eligible for membership in the Junior Firefighter Auxiliary Program who is less than 14 or 18 or more years of age. Persons between the ages of 14 and 16 years of age must be the son/daughter of an active Township firefighter in good standing. Proof of age and residency in the Township of Lyndhurst is required.
d.
No junior firefighter member may remain as a junior firefighter after his/her 18th birthday.
e.
The junior firefighter applicant must appear before the Department's Junior Firefighter Committee for an interview. The parent or guardian of the applicant must be present during the time of the interview. The Committee will consist of a representative from each company, the Chiefs of the Department, and the Junior Firefighter Program Coordinators.
f.
A frequently checked email address for the parent/guardian (in addition to the junior member's email address) must be provided for communication purposes.
g.
A copy of the rules and regulations of the Lyndhurst Junior Firefighters' Auxiliary will be provided to the applicant at the interview. The applicant/parent/guardian will sign off on the permission and release form that they are in receipt of the rules and regulations of the Lyndhurst Junior Firefighters' Auxiliary and agree with its content.
h.
Acceptance to the Junior Firefighters' Auxiliary Program shall be subject to the approval by the Mayor and Board of Commissioners.
1.
Training.
(a)
Training of junior firefighters will include any and all instruction which the Lyndhurst Fire Department deems necessary.
(b)
After acceptance as a junior firefighter member, junior firefighters between the ages of 16 to 18 years of age will commit to the completion of a junior firefighting course, which is based upon the National Fire Protection Agency (NFPA) requirements. This course is offered at the Bergen County Fire Academy (Junior Firefighter Firefighting Program) or at another recognized education institution providing equivalent training. This shall be mandatory for all members between the ages of 16 to 18.
(c)
Junior firefighter members shall not perform any task or participate in any activity prohibited by applicable state and federal laws.
2.
Duties.
(a)
Junior firefighter members shall obey all lawful orders given to them by any line officer in authority of the Lyndhurst Volunteer Fire Department, inclusive of the Junior Firefighter Coordinators, or any senior member in their absence.
(b)
Junior firefighter members may not participate in Department activities more than eight hours per day or 40 hours per week, or participate in any activities prior to 6:00 a.m. or after 11:00 p.m.
(c)
While performing any training duties or riding on the apparatus, or working on the fire ground, all junior firefighter members shall comply with the Department rules and regulations concerning protective clothing and personal protective equipment.
(d)
Junior firefighter members are subject to the bylaws, rules and regulations, and policies of the Lyndhurst Volunteer Fire Department.
i.
Active Status.
1.
When a junior firefighter member reaches his/her 18th birthday, the junior firefighter member is eligible to apply for membership in the Lyndhurst Volunteer Fire Department; junior firefighter members seeking to join the Lyndhurst Volunteer Fire Department must satisfy all requirements of the Department and will be considered for membership, in part, based on the junior firefighter member's performance as a junior firefighter.
2.
Upon reaching the age of 18, a junior member will submit a letter to the respective company in which they are seeking membership for acceptance into the Lyndhurst Volunteer Fire Department as a probationary member.
[Ord. #1528, § 1]
It is hereby declared to be the intention of this section to provide for uniform purchasing of all materials and equipment necessary for the operation of the municipal affairs of the Township.
[Ord. #1528, § 2]
The Department of Revenue and Finance shall cause to be prepared a standard purchase order form providing for distribution in quadruplicate of the purchase order, in the following form and manner:
a.
Original copy to be forwarded to vendor.
b.
One copy to be retained by the department requiring purchase.
c.
One copy to be filed with the Department of Revenue and Finance.
The Department of Revenue and Finance shall further provide that the original purchase order be attached to the voucher authorizing payment prior to the making of payment on the purchase.
[Ord. #1528, § 3]
The Department of Revenue and Finance shall not make payment of any purchases made on behalf of the Township, until the delivery of the material, equipment or supplies has been approved and accepted by the director of the department. The Department of Revenue and Finance shall furnish the departmental directors with reports pertaining to purchase of material, equipment or supplies by the department on a monthly basis.
[Ord. #2889-13, § 1]
The following are the specifications of the internal financial controls:
a.
The 2012-2013 Internal Controls Memo, dated June 24, 2013 is hereby codified as though it was recited herein in full. Said internal controls memo shall be annually updated by the Chief Financial Officer (CFO) and be permanently posted on the Lyndhurst web site.[1]
[1]
Editor's Note: A copy of the Internal Financial Controls as adopted by Ordinance No. 2889-13 may be found on file in the Township offices.
b.
The Township of Lyndhurst Internal Controls shall be of such a nature so as to ensure the safeguarding of all assets of the Township of Lyndhurst.
c.
The Township of Lyndhurst Internal Controls has been designed to ensure compliance with the New Jersey Local Fiscal Affairs Law (N.J.S.A. 40A:5-1 et seq.) and the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and related regulations, for example N.J.A.C. 5:34. Furthermore, the implementation of procedures regarding contract approval and compliance as well as appropriation (budget) monitoring is necessary to avoid misappropriation and inappropriate (unauthorized) use of taxpayer funds.
d.
The Township Attorney, when appointed as an employee of the Township, and the CFO may approve and sign all vouchers and checks.
[Ord. #1528, § 4]
The director of each department of the Township shall cause to be made an annual inventory of all municipal property in the custody or control of the department. The director shall file with the Township Clerk a copy of the annual inventory.
[Ord. #1451]
Pursuant to the provisions of N.J.S.A. 40:23-6.26 to 40:23-6.29, and 40:23-6.34 to 40:23-6.37 the Township is hereby authorized to enter into contracts with the County of Bergen for the joint use by the Township of Lyndhurst and other municipalities in the County of Bergen of administrative services and facilities of the office of purchasing agent of the County of Bergen appropriate to the procurement of certain materials, supplies and equipment which may be determined to be required from time to time by the Township and which the Township may otherwise lawfully purchase for itself. The services and facilities of the office of county purchasing agent shall be provided without cost to the Township.
The proper municipal officials of the Township are hereby authorized and empowered to execute, on behalf of the Township, all such contracts with the County of Bergen as may be authorized and approved by resolution of the Mayor and Commissioners of the Township.
[Ord. #1485, § 1]
Any person claiming payment from the Township shall present a detailed bill of demand to the collector of taxes of the Township duly certified.
[Ord. #1485, § 2]
It shall be the duty of the collector of taxes to request that the signature of the officer or employee who has been duly designated by the director of the department to which the claim is made to certify that the materials have been received by, or the services rendered to, the Township appears on every claim.
[Ord. #1485, § 3]
All claims duly certified and approved by the officer or employee designated by a director of the department shall be presented to the director of the department that the claim has been made to, and if the director is satisfied that the claim is proper, the director shall approve the claim for payment. The collector of taxes shall then forward the claim to the Township Clerk who shall then present the approved claim to the Board of Commissioners for formal approval at a regular meeting.
[Ord. #1485, § 4]
All claims against the Township shall be considered by the Board of Commissioners at a regular meeting and shall be approved by the Board of Commissioners, or the alternative, the Board of Commissioners may reject any claims presented to it and return the same to the director of the department against which the claim is made for further investigation and report to the Board of Commissioners.
[Ord. #1485, § 5]
The Township Clerk shall record all claims in the official minutes of the meetings of the Board of Commissioners, and the Township Clerk shall indicate that the Board of Commissioners has, by formal action, approved the claims with appropriate record as to any claims disapproved or rejected by the Board of Commissioners.
[Ord. #1485, § 6]
A list of all claims shall be presented for approval at the next regular meeting. The schedule or list is to be made available to every member of the Board of Commissioners prior to the regular meeting wherein the claim is subject to formal action by the Board of Commissioners. After approval, all claims shall be listed in a book or record to be designated as "Claims Approved by the Board of Commissioners of Lyndhurst, N.J." This listing shall be amplified by appropriate detail in the minutes to permit ready identification.
[Ord. #1485, § 7]
It shall be the duty of the collector of taxes to indicate on any claims that the same has been approved for payment by the Board of Commissioners indicating on the claims the date of approval by the Board of Commissioners.
[Ord. #1525; #2889-13 ]
The collector of taxes shall, upon approval of the payment of the claims by the Board of Commissioners forthwith prepare the necessary checks for payment thereof, which checks shall be signed by the Mayor and the Director of the Department of Revenue and Finance and countersigned by the Township Clerk. The collector of taxes shall record the approved checks in proper books of account and thereafter shall mail or otherwise distribute the checks to the claimants.
Pursuant to Ordinance No. 2889-13, the Township Attorney, when appointed as an employee of the Township, and the CFO may approve and sign all vouchers and checks.
[Ord. #1525]
There is hereby established by this section a payroll account in the Township. The director of each department of the Township shall designate an officer or an employee by letter to the collector of taxes of the Township and the officer or employee shall be responsible for preparing the necessary payrolls for all employees, which payrolls shall be duly certified by the person authorized to certify that the services have been rendered and the amount specified is in fact due and owing to the employee or employees. The payroll shall then be approved by the director of the department responsible therefor and presented to the Board of Commissioners for approval at a regular meeting and shall be paid in due course, and shall be paid in a manner as set forth for the payment of claims against the Township. The Board of Commissioners may designate by resolution providing for the payment of salaries, wages and compensation.
[Ord. #1485, § 10]
The Board of Commissioners may, by resolution, prescribe the form and requirements of the voucher to be submitted to the Township for the payment of all claims for services or materials.
[Ord. #2634, §§ 1 — 3]
a.
Approval of the Use of Disbursing Organization for Payment of Claims. The use of a servicer for payment of payroll agency claims is hereby authorized: The servicer shall be permitted to perform the following tasks:
b.
Approval Officer.
1.
The Chief Financial Officer of the Township of Lyndhurst is hereby designated as the approval officer who shall be responsible for authorizing and supervising the activities of the disbursing organization. This authorization is made pursuant to the provisions of N.J.S.A. 40A:5-17(a)(I).
2.
The duties of the approval officer shall be implemented to include the reconciliation and analysis of all general ledger accounts affected by the activities of the disbursing organization.
3.
The approval officer shall also be authorized to enter into an agreement with the disbursing organization which will allow holding of funds pending transmittal of those funds to a payee. The disbursing organization shall be authorized to hold the funds pending transmittal.
c.
Compliance with Laws and Regulations. The Township of Lyndhurst specifically adopts all requirements of N.J.A.C. 5:30-17.1 et seq. if set forth herein at length and verbatim.
[Ord. #1615]
The Township enters into a contract with the Town of Kearny, the Town of Harrison and the Boroughs of North Arlington and East Newark, in the State of New Jersey, to provide for comprehensive alcohol control services by the Inter-County Council on Drug and Alcohol Abuse pursuant to the Interlocal Services Act, N.J.S.A. 40:8A et seq.
The Mayor of the Township is authorized to execute the contract on behalf of the Township and that the Township Clerk affix the seal thereto and that a copy of the contract authorized by this section be filed with the Township Clerk and be available for public inspection in the municipal building during normal business hours.
[Ord. #1424, § 2]
There is hereby established as the assessment maps of the Township the map entitled "Assessment Maps of the Township of Lyndhurst, Bergen County, N. J. 1959," prepared by Michael Neglia, Township Engineer, approved by the Department of the Treasury of the State of New Jersey on November 23, 1960 as Serial No. 298, and which map has been and is now on file in the office of the Tax Collector[1] of the Township. The map is made a part hereof as fully as if a replica thereof was printed herewith and from February 20, 1961, the map shall be controlling in all matters relating therein.
[Ord. #1424, § 2]
The establishment of the assessment maps is hereby declared to be for the purpose of conserving and promoting the public health, safety, morals and general welfare of this Township.
[Ord. #2090]
In the Township of Lyndhurst in accordance with state statute, N.J.S.A. 48:0-140.1 et seq., a position of Chief Financial Officer shall be established.
In the Department of Revenue and Finance the position of Tax Collector/Treasurer shall be amended to read Tax Collector/Treasurer/Chief Financial Officer in order to comply with said statute.
The Township of Lyndhurst Salary Ordinance shall be amended to include said position of Tax Collector/Treasurer/Chief Financial Officer.
[Ord. #2188]
This section shall be known and may be cited as the Regionalized Services and Cooperating Pricing Ordinance of the Township of Lyndhurst.
[Ord. #2188]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq. and N.J.S.A. 40A:11-15(5), the Mayor of the Township of Lyndhurst is hereby authorized to enter into a Regionalized Services and Cooperative Pricing Agreement with the lead agency.
[Ord. #2188]
The lead agency entering into contracts on behalf of the Township of Lyndhurst shall be responsible for complying with the provisions of the Revised Statutes of the State of New Jersey.
[Ord. #2219, § I]
This section shall be known and may be cited as the E911 Interlocal Services Ordinance.
[Ord. #2219, § II]
Pursuant to the provisions of N.J.S.A. 40:8A et seq., as hereinafter may be amended and currently known as the Interlocal Services Act Chapter 208 Laws of 1979, Mayor and Board of Commissioners are hereby authorized to enter into the E911 Interlocal Services Agreement with the Borough of Lodi for the purpose of providing E911 services within its jurisdiction.
[Ord. #2219, § III]
Each participating municipality entering into this Interlocal Services Agreement shall be responsible for complying with the provisions of the Interlocal Services Act (N.J.S.A. 40:8A et seq.) and all other provisions of the revised statutes of the State of New Jersey.
[Ord. #2316, § I]
There is hereby newly established in the Department of Public Affairs the position of part time Zoning Officer. The term of office shall be for one year. The Zoning Officer shall devote at least 10 hours per week but no more than 20 hours per week to the duties of the office as set forth herein.
[Ord. #2316, § II]
The person appointed to the position of Zoning Officer shall meet the following minimum qualifications:
[Ord. #2316, § III]
The Township of Lyndhurst's local zoning ordinance shall be enforced by the Zoning Officer who is empowered to cause any building, structure, plans or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the Township's zoning regulations. The owner or agent of a building or premises where a violation of any provision of the Township's zoning regulations shall have been committed or shall exist, or the owner, agent, architect, builder, contractor, lessee, tenant or any other person who shall commit, take part or assist in any such violation of the Township's zoning ordinance, shall be subject to the penalty provided in Section 6-8 of the revised General Ordinances of the Township of Lyndhurst, 1975.
[Ord. #2316, § IV]
It shall be the duty of the Zoning Officer to enforce the provisions of the Township's zoning ordinance as follows:
a.
Enforcement Duties.
1.
Discover and ascertain the existence of any zoning violations of the Township's zoning ordinance.
2.
Investigate and inspect any alleged violation of the Township's zoning ordinance within his knowledge or coming to his attention.
3.
Prevent further or continued violations of the Township's zoning ordinance 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 Township's zoning ordinance in the manner provided by law.
5.
Whenever any building or structure is erected, constructed, altered, repaired, converted, used or maintained within the Township of Lyndhurst, it shall be the duty of the Zoning Officer to ascertain that the same is done in accordance with the provisions of the Township's zoning ordinance 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 of the Township's zoning ordinance, it shall be the duty of the Zoning Officer to proceed with the enforcement of the Township's zoning ordinance in the manner herein provided and as otherwise provided by law; and he 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.
b.
Administrative Duties.
1.
In conjunction with the construction code official, make an inspection of every parcel of land, building or structure for which an occupancy or land use permit is required prior to the issuance of such permit, in order to ascertain that said occupancy of use will comply with every standard, regulation and requirement of this section for such occupation and use.
2.
Issue zoning permits certifying that all applications for development or land use are in conformity with the zoning ordinance of the Township of Lyndhurst.
3.
Report to the 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 Township's zoning ordinance and otherwise within his jurisdiction.
4.
Start and maintain an accurate and complete file with respect to every alleged violation of the Township's zoning ordinance or other matter investigated and processed by him.
5.
File a monthly report of his activities, including the complaints and cases processed by him and disposition thereof, with the Mayor and Council of the Township of Lyndhurst.
[Ord. #2316, § V]
Whenever the Zoning Officer shall ascertain that any of the provisions of the Township's zoning ordinance are being violated, he shall:
a.
Promptly notify the person committing such violation to cease and desist from continuing such violation.
b.
Sign and file a complaint alleging the violation in the Municipal Court of the Township of Lyndhurst, in the manner prescribed by law and the rules governing the practice in such court. He shall also institute further proceedings in the Superior Court when, in his opinion, the same are warranted, to enjoin said violation and to effect the discontinuance thereof. Nothing herein shall prevent any person other than the Zoning Officer from instituting a complaint for any violation of the Township's zoning ordinance in the manner prescribed by law.
[Ord. #2316, § VI]
Where permitted by law and in the enforcement of the Township's zoning ordinance, the Zoning Officer may apply to the Judge of the Municipal Court of the Township of Lyndhurst for a warrant or warrants to search and inspect the properties and premises upon which he has reason to believe any violation of the Township's zoning ordinance has taken or is taking place, and, upon probable cause shown, the Judge may issue such a warrant or 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 the Township's zoning ordinance.
[Ord. #2316, § VII]
The salary or compensation of the Zoning Officer shall be as set forth in the Salary Ordinance.
[Ord. #2316, § VIII]
Nothing herein contained shall affect the duties and responsibilities of the Construction Code Official.
[Ord. #2316, § IX; Ord. #2861-12, § 1]
There shall be established a fee for the issuance of a zoning permit which shall be paid to the Township of Lyndhurst by the person seeking the permit. The zoning permit fee shall be as follows:
[Ord. #2358, § 1]
There is hereby created in the Township of Lyndhurst a Historic Preservation Commission for the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value or interests within the Township of Lyndhurst.
[Ord. #2358, § 2; Ord. #2449, § I]
a.
The Historic Preservation Commission shall consist of seven regular members and may have not more than two alternate members. There shall be one member each of Class A and B, and five members of Class C. Class qualifications shall be as follows:
1.
Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
2.
Class B: A person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
3.
Class C: Citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Board of Adjustment.
b.
Alternate members shall meet the qualifications of Class C members.
[Ord. #2358, § 3]
a.
The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members, if any, as "Alternate No. 1" and "Alternate No. 2."
b.
All terms shall run from January 1, of the year in which the appointment was made. The terms of the members first appointment shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, provided that the initial term of no regular member shall exceed four years, and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years and the term of an alternate member shall be two years.
c.
A vacancy occurring otherwise than by expiration of a term shall be filled for an unexpired term only. Notwithstanding any other provision therein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
[Ord. #2358, § 4]
The Historic Preservation Commission shall annually elect a chairman, vice chairman and select a secretary from its members.
[Ord. #2358, § 5]
The Commission shall create rules and procedures for transaction of its business subject to the following regulations:
a.
A quorum for the transaction of business shall consist of three of the Commission's members, including the chairman or, in his absence, the vice chairman.
b.
The secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public records.
c.
All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:47 et seq.).
d.
Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, alternate No. 1 shall vote.
e.
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
f.
A member of the Historic Preservation Commission may (after public hearing if he requests it) be removed by the governing body for cause.
[Ord. #2358, § 6]
The Commission members shall serve without compensation, but shall be reimbursed for expenses incurred in the performance of official business.
[Ord. #2358, § 7]
Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use. The Historic Preservation Commission may recommend to the governing body contracting of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the governing body.
[Ord. #2358, § 8]
The Historic Preservation Commission shall have the responsibility to:
a.
Prepare a list of historic sites and appropriate maps of the Township, pursuant to criteria identified in the 1980 Bergen County Historic Sites Survey Report. Copies to be distributed to members and alternates of this commission, Commissioners, members of Planning Board, members of zoning board, construction official and Township Attorney. This list and the maps shall be reviewed every five years.
b.
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
c.
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
d.
Advise the Planning Board and Board of Adjustment on applications for development, pursuant to subsection 2-22.9 of this section.
e.
Provide written reports, pursuant to subsection 2-22.10 of the section, on the application of the Zoning Ordinance provisions concerning historic preservation.
f.
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township.
[Ord. #2358, § 9]
The Planning Board and the Board of Adjustment shall submit to the Historic Preservation Commission a copy of every application submitted to either board for development in historic zoning districts or on historic sites designated on the zoning or official map or in any component element of the Master Plan. The Historic Preservation Commission shall provide its advice which shall be conveyed through one of its designated members or staff to testify orally at the hearing on the application, and to explain any written reports which may have been submitted.
[Ord. #2358, § 10]
All applications for issuance of permits pertaining to historic sites or property in historic districts shall be referred to the Historic Preservation Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation, to any of those aspects of the proposed change which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The Historic Preservation Commission shall report to the construction official within 45 days of the referral of an application to the Historic Preservation Commission. If, within the forty-five day period, the Historic Preservation Commission recommends to the construction official against the issuance of a permit to be issued, the Construction Official shall deny issuance of a permit, or include the conditions in the permit as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
[Ord. #2389, § I]
Pursuant to N.J.S.A. 40:9-154.1 crossing guards shall be appointed selected, and terminated by the Director of the Department of Public Safety. The terms of appointment shall not exceed one year and may be revoked for cause after a hearing before the Chief of Police.
[Ord. #2389, § I; Ord. #2837-12; amended 10-16-2018 by Ord. No. 3000-18]
a.
Crossing guards must be citizens of New Jersey, be sound in body and of good health, be of good moral character, and must not have been convicted of any criminal offense involving moral turpitude. In accordance with N.J.S.A. 40:48-1.4, all school crossing guards will be required to undergo a criminal history record background check. As a condition of employment, all prospective school crossing guards shall be required to submit to being fingerprinted and shall authorize the Township, in writing, to exchange fingerprint data with and receive criminal history information from relevant state and/or federal agencies. Failure to submit a fully signed and witnessed written authorization and consent form shall be grounds to rescind a conditional offer of employment. Current crossing guards shall sign the requisite consent form and submit to a criminal history record background check as a condition of reappointment. As a condition of employment, all school crossing guards will be required to undergo a mental health history record background check. All prospective school crossing guards shall authorize the Township, in writing, to submit and receive mental health history information from relevant state, county and/or federal agencies. Failure to submit a fully signed and witnessed written authorization and consent form shall be grounds to rescind a conditional offer of employment. Furthermore, all crossing guard candidates shall pass a physical examination, including a drug screening test, conducted in a clinical setting by a physician of the Township's choice with experience examining job applicants. The examining physician should be provided a job description listing the physical requirements for the position, including:
1.
The ability to stand for one and two hours at a time.
2.
The ability to lift and hold in position a "STOP" paddle weighing approximately one pound while holding the opposite hand in an upright, raised position.
3.
The ability to walk, unassisted, across a street numerous times.
4.
The ability to raise both feet to step over a curb.
5.
The ability to work in adverse weather conditions.
6.
The ability to meet the vision and hearing standards set by the New Jersey Municipal Excess Liability Joint Insurance Fund.
b.
An individual shall be disqualified from serving as a school crossing guard if that prospective employee's criminal history record background check reveals a record of conviction of any of the following crimes and/or offenses:
1.
In New Jersey, any crime or disorderly persons offense or petty disorderly persons offense:
(a)
Involving danger to the person, including, but not limited to, those crimes, disorderly persons offenses and petty disorderly offenses set forth in N.J.S.A. 2C:11-1 et seq.; N.J.S.A. 2C:12-1 et seq.; N.J.S.A. 2C:13-1 et seq.; N.J.S.A. 2C:14-1 et seq.; and/or N.J.S.A. 2C:15-1 et seq.;
(b)
Against the family, children or incompetents, including, but not limited to, those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
(c)
Involving arson, burglary or theft as set forth in N.J.S.A. 2C:17-1 et seq.; N.J.S.A. 2C:18-1 et seq., and/or N.J.S.A. 2C:20-1 et seq.;
(d)
Involving offenses against public administration, perjury and other falsification in official matters, obstructing governmental operations, misconduct in office and/or abuse of office as set forth in N.J.S.A. 2C:27-1 et seq.; N.J.S.A. 2C:28-1 et seq.; N.J.S.A. 2C:29-1 et seq.; or N.J.S.A. 2C:30-1 et seq.;
(e)
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes; or
2.
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes, disorderly persons offenses or petty disorderly persons offenses described above.
c.
Furthermore, a crossing guard shall not be a member of the Township's Police Department.
[Ord. #2389, § I]
Crossing guards shall be under the supervision and direction of the Chief of Police or another law enforcement officer who the Chief of Police may designate in his stead.
[Ord. #2389, § I]
Before any crossing guard is appointed, the Chief of Police or his designee shall ascertain the eligibility of the applicant and make a report to the Director.
[Ord. #2389, § I]
Crossing guards shall comply with the rules and regulations applicable to the conduct and decorum of the Township's regular police officers. However, crossing guards shall not have the right to bear firearms nor have the power of arrest.
[Ord. #2389, § I]
Pursuant to N.J.S.A. 40A:9-154.2 every crossing guard shall be trained for the proper performance of his/her duties. Such training shall consist of a minimum of two hours of traffic control and the duties and responsibilities of adult crossing guards and a minimum of 20 hours of field training in which the trainee shall be supervised by an experienced crossing guard or a regular police officer.
[Ord. #2389, § I; Ord. #2440, § I; Ord. #2837-12]
Pursuant to N.J.S.A. 40A:9-154.3, and before being assigned to any post, crossing guards shall be provided with a uniform which shall identify his/her function and which shall be distinct from the uniform of a member of the regular Police Department or force. Such uniform shall include, but not be limited to, a safety vest, a hat, and stop paddle. All crossing guards, including permanently appointed crossing guards and alternate crossing guards, shall adhere to this dress code.
[Ord. #2389, § I]
Pursuant to N.J.S.A. 40A:9-154.4 the Chief of Police or his designee shall have the right to position crossing guards on any street or highway within the municipality.
[Ord. #2389, § I]
a.
Procedure. Any school principal of an elementary school, through his or her designated authority, may request that the Chief of Police assign a crossing guard to a specific location. Upon receiving such a request, the Chief of Police shall conduct an investigation to determine whether such an assignment is necessary and there is available personnel. It shall be within the Chief's discretion as to whether to assign a crossing guard to the requested location.
b.
Appeal of Rejection. If the Chief of Police does not make the suggested assignment, the applicant may appeal to the Board of Commissioners. Subsequently, the Board of Commissioners may adopt a resolution by a two-thirds vote of the board which may direct the Chief of Police to make the requested assignment. However, if the Commissioners adopt such a resolution, they shall provide the necessary additional personnel.
[Ord. #2389, § I]
Crossing guards shall be on duty three periods a day, morning, noon, and dismissal times. Sometimes the number of work periods may vary, depending upon a school's particular needs.
[Ord. #2389, § I]
The Chief of Police or his designee shall maintain a list of alternate crossing guards who shall be called in to work at a post whenever additional personnel are deemed necessary by the Chief of Police or his designee.
[Ord. #2389, § I; Ord. #2440, § I; Ord. #2837-12; Ord. #2891-13; Ord. No. 2666, § 1; amended 12-20-2017 by Ord. No. 2981-17; 10-16-2018 by Ord. No. 3000-18; 3-9-2021 by Ord. No. 3070-21; 10-14-2025 by Ord. No. 3241-25]
a.
Salary Ordinance.
1.
Computation and payment.
(a)
Retroactive to September 1, 2017, all permanent crossing guards, those not considered alternates, whenever hired by the Township, shall be paid an annual salary computed by taking he number of hours worked per week multiplied by the number of weeks worked in the year, or portions thereof, to determine the number of hours worked in the year.
(b)
The number of hours to be worked in a workweek shall be those hours that each crossing guard is required to be at their regular post, or position of work, which shall be determined by the Chief of Police not inconsistent with this chapter of the General Ordinances of the Township of Lyndhurst.
(c)
The work year applicable to all permanent school crossing guards is hereby defined as the full ten-month period of September 1 through June 30 of any given year. The number of hours worked to be used in the calculation made pursuant to Subsection a1(a) hereof shall include all hours which would have otherwise been worked by school crossing guards during all official school breaks (school days off).
(d)
The number of hours worked in any given year shall be multiplied by the hourly rate paid to school crossing guards as included in the salary ordinance of the Township. This calculation will determine and be the annual salary of each permanent school crossing guard.
(e)
The annual salary computed pursuant to Subsection a1(d) hereof shall be paid in equal payroll installments beginning in September and ending in June of any given year. However, the Township may process the payroll covering the first part of September with the second paycheck in September and may process pay for the hours worked during the end of June in the month of July.
(f)
The annual salary determined in Subsection a1(a) hereinbefore set forth shall be determined on or about September 1 of any given year, consistent with the provisions of this section. This annual salary paid to permanent crossing guards may not change due to a reduction or increase in the number of hours that may be required to be worked in any given work year as herein defined. Notwithstanding the foregoing, no permanent crossing guard receiving an annual salary shall be required to work more than an additional 20% of the hours determined by the Chief of Police in any given year, pursuant to Subsection a1(b), without receiving additional compensation.
2.
All alternate crossing guards shall be paid for hours worked on an hour-for-hour basis. These crossing guards shall not be paid for any days where school is not in session, unless approved by resolution of the Board of Commissioners.
3.
Notwithstanding the provisions of Subsection a2 above, the finance office may estimate the number of hours worked, or to be worked, in any given payroll period for any alternate crossing guard, so as to process the crossing guard payroll in an efficient manner as may be solely determined by the Township's financial analyst responsible for processing the payroll or the Township's personnel officer in the absence of the financial analyst.
4.
This Subsection a is effective 20 days after adoption and publication according to law. This Subsection a is retroactive to September 1, 2017. To the extent any retroactive pay is due to any of the permanent crossing guards under this payment procedure, payment will be made paid with the second paycheck in January 2018.
b.
Prerequisites. There shall be no vacation pay or compensation time, no personal days. Overtime will be at the hourly rate.
c.
Holidays. Crossing guards must work the day before and after a holiday to get paid.
e.
Uniform allotment. Permanently appointed crossing guards shall receive $200 for the purchase of uniforms. Alternate crossing guards will be issued a hat, stop paddle and safety vest. Alternate crossing guards are not entitled to the $200 allowance for uniforms. Upon permanent appointment, alternate crossing guards will be entitled to receive the $200 uniform allotment. All crossing guards (both permanently appointed and alternate crossing guards) will adhere to the dress code as provided by the Chief of Police or his designee.
f.
Health and life insurance. Crossing guards are not eligible for the medical and life insurance packages which the Township provides to full-time employees.
g.
Sick days. Crossing guards are entitled to five sick days. Crossing guards will be afforded five sick days on October 15 of each school year, or upon working one month in the position, whichever comes first. Any unused sick days shall not be carried over into the following school year. If a crossing guard terminates their employment prior to the end of the school year, he/she will not be eligible for compensation for sick time.
h.
Docking of pay. If any crossing guard misses any one of his/her three shifts during the day, he/she shall be docked 1/2 day. If he/she misses two shifts, he/she shall be docked accordingly for those hours.
i.
Excessive sick time. The Township reserves the right to review the employment of any crossing guard that misses more than 10 accumulated days of work beyond his/her 10 sick days. Crossing guards shall provide a note as to the reason why he/she is taking off beyond his/her 10 sick days. Crossing guards under review shall be entitled to a hearing before the Chief of Police. The Township reserves the right to review any employee who is tardy for a post. The crossing guard will be given written notice and upon the third tardy placed under review for possible suspension without pay from the post.
j.
Workers' compensation benefits. All crossing guards including alternates are entitled to be covered by workers' compensation.
k.
Summer employment. The Township of Lyndhurst reserves the right to have the crossing guards work in the summer months.
l.
Annual physical examination. The Township reserves the right to require all crossing guards to submit to a yearly physical/drug screening test, at its discretion, by a physician of the Township's choice.
m.
Conventions and seminars. In addition to the rights of veterans granted by N.J.S.A. 38:23-2 and any rights granted public employees by any other statute, the crossing guards will be paid a maximum of five days per year for time off taken to attend conventions and seminars which directly relate to their crossing guard service.
n.
Rules of conduct. In addition to the rules of conduct and procedures set forth in the Township Personnel Ordinance, crossing guards shall be subject to the following rules regarding course of conduct:
1.
Smoking, eating and/or drinking while on duty will not be permitted.
2.
Crossing guards while on duty will not be permitted to sit in their vehicles.
3.
Courtesy towards the public is demanded; any conduct to the contrary shall not be tolerated.
4.
Indulgence in lengthy conversations with other persons, thus diverting attention from the performance of duties, is not permitted.
5.
Assistance shall be rendered and police headquarters notified when situations occur that are in need of attention.
6.
School crossing guards shall not use obscene, profane, indecent or improper language and shall conduct themselves in such a manner as not to cast any criticism or adverse reflection on themselves or the Department.
7.
Guards shall serve at all times in the best interest of the school guards division, observing and reporting all matters pertaining to and concerning its welfare.
8.
Use of a cellular phone and/or other electronic device while on duty is prohibited unless in case of a emergency.
9.
Sick days are only to be used when actually sick and not when inclement weather is expected.
[Ord. #2463; amended 5-14-2019 by Ord. No. 3019-19; 1-9-2024 by Ord. No. 3186-23]
[Amended 1-9-2024 by Ord. No. 3186-23]
The emergency medical technicians (EMTs) shall be appointed, selected and terminated by the Director of the Department of Public Safety. The term of employment shall not exceed one year and may be revoked at any time with or without cause by the Director of the Department of Public Safety. The EMTs shall be considered at-will employees, serving at the pleasure and discretion of the Director of the Department of Public Safety.
[Amended 1-9-2024 by Ord. No. 3186-23]
a.
Emergency Medical Service (EMS) Deputy Commissioner.
1.
The EMS Deputy Commissioner is hereby appointed by and serves a renewable one-year term at the sole discretion of the Director of the Department of Public Safety.
2.
The EMS Deputy Commissioner oversees and manages all aspects of the Township's EMS services and reports to the Director of the Department of Public Safety.
3.
The EMS Deputy Commissioner shall maintain a direct liaison with the Lyndhurst Police Department through the office of the Chief or the Chief's appointed representative.
4.
The compensation, if any, for the EMS Deputy Commissioner is set in the current Township salary ordinance.
5.
The EMS Deputy Commissioner may delegate duties to the Township EMS Manager or EMTs as needed.
b.
This section permits the Commissioner of the Department of Public Safety to appoint a paid Lyndhurst Emergency Medical Service (LEMS) Manager, whose compensation is per the current salary ordinance. The LEMS Manager may delegate his duties to an EMT when appropriate.
c.
All paid EMS personnel shall be under the supervision and direction of the EMS LEMS Manager, who reports to the EMS Deputy Commissioner and to the Commissioner of Public Safety.
[Amended 1-9-2024 by Ord. No. 3186-23]
a.
EMTs will be paid as per the current salary ordinance for hours per week.
b.
EMTs may work up to 40 hours a week. The Supervisor must approve any hours over 40. The employee is responsible for notifying the Supervisor that he/she will be over the forty-hour limit.
c.
Any employee working beyond the forty-hour limit will be entitled to be paid overtime at 1 1/2 times the hourly rate.
d.
Each employee working as a per diem EMT and accumulating 250 hours in a calendar year shall receive in January of the following year a $300 uniform allowance. In addition to the uniform allowance, the Township shall provide the following items upon hiring and replace the items on an as needed basis:
e.
All per diem EMTS are of full understanding that they are not full time employees of the Township and that they are not entitled to benefits of the full Township employees, including health benefits, vacation days, sick time, etc.
f.
All per diem EMTs shall submit in writing any and all requests not to be assigned specific shifts to the Manager at least two weeks in advance so that the shift can be covered.
g.
All EMTs must punch in when coming on duty and out when leaving for the day.
h.
Nonpaid holidays for EMTs working per diem hours are as follows: Christmas Day, Thanksgiving Day, New Year's Day, Labor Day, Memorial Day and Independence Day. All per diem EMTs shall be entitled to be paid at 1 1/2 times the hourly rate for all hours worked on these holidays.
i.
All per diem EMT personnel will be governed by the Drug and Alcohol Policy as set forth in the Personnel Policy of the Township of Lyndhurst.
j.
All per diem EMTs will be classified as part-time employees of the Township of Lyndhurst under the salary ordinance.
k.
Retroactive to October 1, 2022, all per diem EMTs will be entitled to be paid at 1 1/2 times the hourly rate for all hours worked between 6:00 a.m. on Saturday through 6:00 a.m. on Monday, even if the technician has not worked beyond the 40 hour limit for overtime. The supervisor must approve weekend work.
l.
Per diem EMTs working 12 or more hours in a single shift shall be entitled to a meal stipend of up to $20 with receipt.
m.
All per diem EMTS shall be entitled to the following:
[Added 1-9-2024 by Ord. No. 3187-23]
a.
Creation. There is hereby created the office of "Emergency Medical Service Manager" within the Department of Public Safety. The Emergency Medical Service Manager shall be appointed by the Commissioner of Public Safety and assigned to the Department under which the Commissioner is the Director.
b.
Powers and Duties. The Emergency Medical Service Manager shall have the responsibility to:
1.
Perform all duties of an Emergency Medical Technician;
2.
Responsible for the safe operation of the Lyndhurst Emergency Medical Department;
3.
Manage and oversee the day-to-day operations of the Emergency Medical Service Department and the Emergency Medical Technicians within the Department of Public Safety;
4.
Supervise and manage all the Emergency Medical Services facilities and property, including vehicles and equipment;
5.
Ensure that all ambulances and EMS vehicles are maintained in efficient operating condition, contain all necessary equipment, all equipment is clean and disinfected appropriately, ensures that all supplies are restocked and replaced when used;
6.
Maintain familiarity with specialized equipment used by the Department and ensures staff is familiar with all equipment;
7.
Direct, coordinate and allocate staffing and other resources;
8.
Identify maintenance, project, operation and supply needs;
9.
Evaluate all departmental operating policies and procedures on a regular basis and recommend improvements where needed to the Commissioner and Deputy Commissioner;
10.
In conjunction with the Commissioner and Deputy Commissioner, ensure training, supervision, scheduling, and evaluation of all Emergency Medical Technicians and other Emergency Medical Services staff and provide support and assistance as needed;
11.
Preparation of written reports;
12.
Preparation, review and approval of all patient charts, invoices, and billing;
13.
Support and perform all other tasks and duties as may be required by the Commissioner of the Department Public Safety or the Deputy Commissioner of the Department of Public Safety; and
14.
Will be required to work nights, weekends and some holidays on occasion.
c.
Qualifications. Shall have a minimum of high school degree or equivalent, at least 10 years' experience as a 911 EMT, five years of experience as a supervisor or manager, as well as experience in coordination, planning, scheduling, personnel supervision, record keeping, and report preparation. The Emergency Medical Service Manager shall have a valid certification by the State of New Jersey as an EMT, be certified in cardiopulmonary resuscitation meeting American Heart Association standards; be certified in pre-hospital trauma life support meting American Heart Association standards; ICS - 100 and 200 (within six months of employment); NIMS 700 (within six months of employment); CBERN Awareness (within six months of employment); hazmat operations (within six months of employment); hazmat awareness (within six months of employment), and maintain a valid New Jersey driver's license.
d.
Salary. The Salary for the position shall be a maximum of $85,000 or as reflected in the salary ordinance. An employee may be paid less than the maximum.
e.
The Emergency Medical Service Manager shall be entitled to the following:
1.
Three hundred dollars uniform allowance;
2.
Three season jackets; rain gear; job shirts; and, long and short sleeve uniform shirts;
3.
Paid tuition for approved A, B and C Recertification classes;
4.
Straight time pay for attending A, B and C Recertification classes (up to eight hours per class); and
5.
Free online access to approved elective certification classes.
[Added 1-9-2024 by Ord. No. 3188-23; amended 10-8-2024 by Ord. No. 3214-24]
a.
Creation. There is hereby created the eight full time positions under the title of "Emergency Medical Technician" within the Department of Public Safety. The Emergency Medical Technician shall be appointed by the Commissioner of Public Safety and assigned to the Department under which the Commissioner is the Director.
b.
Powers and Duties. The Emergency Medical Technician shall have the responsibility to:
1.
Respond to Emergency Calls;
2.
Assess patient condition;
3.
Administer emergency medical care or treatment as needed;
4.
Transport patients to medical facilities;
5.
Drive ambulance or other EMS vehicle;
6.
Preparation of written reports;
7.
Check and clean equipment;
8.
Restock and replace used supplies;
9.
Support and perform all other tasks and duties as may be required by the Commissioner of the Department Public Safety, the Deputy Commissioner of the Department of Public Safety, or the Emergency Medical Services Manager;
10.
Will be required to work nights, weekends and some holidays.
c.
Qualifications. The Emergency Medical Technician shall have a minimum of high school degree or equivalent and two years' experience as a 911 EMT. The Emergency Medical Technician shall have a valid certification by the State of New Jersey as an EMT, be certified in cardiopulmonary resuscitation meeting American Heart Association standards; be certified in pre-hospital trauma life support meting American Heart Association standards; ICS - 100 and 200 (within six months of employment); hazmat awareness (within six months of employment), and maintain a valid New Jersey driver's license.
d.
Salary. The Salary for the position shall be a maximum of $60,000 or as reflected in the salary ordinance. An employee may be paid less than the maximum.
e.
EMTS shall be entitled to the following:
1.
Three hundred dollars uniform allowance;
2.
Three season jackets; rain gear; job shirts; and, long and short sleeve uniform shirts;
3.
Straight time pay for attending A, B and C Recertification classes (up to eight hours per class);
4.
Free online access to approved elective certification classes; and
5.
Two dollars per hour charge in differential if assigned management responsibilities while performing said responsibilities.
f.
Minimum Hours. Emergency Medical Technicians work twelve-hour shifts. Full time Emergency Medical Technicians must work a minimum of 36 hours per week. Full time Emergency Medical Technicians will be paid overtime for any hours worked in excess of 40 hours per week.
[Ord. #2441, § I; Ord. #2876-12]
A Length of Service Awards Program (LOSAP) is hereby created in accordance with Chapter 388 of the Laws of 1997, to reward members of the Lyndhurst Volunteer Fire Department, the Lyndhurst Police Emergency Squad (LPES), and the Auxiliary Police Department (APD) for their loyal, diligent and devoted services to the residents of the Township of Lyndhurst.
[Ord. #2441, § II; Ord. #2876-12]
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets or exceeds the criteria set forth below (subsection 2-25.3); that such contributions shall be made in accordance with a plan that shall be established by the Township of Lyndhurst pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the United States of America Internal Revenue Code, and this section.
[Ord. #2441, § III; Ord. #2876-12]
The LOSAP shall provide for annual contributions to each eligible member that meets or exceeds the criteria as follows:
[Ord. #2441, § IV; Ord. #2876-12]
The estimated cost of the program has been calculated as follows:
For regular annual services: $69,000.
[Ord. #2441, § V; Ord. #2876-12]
Each active volunteer member shall be credited with points for volunteer services provided to the volunteer Fire Department, LPES or APD in accordance with the "Township of Lyndhurst LOSAP Point System" schedule attached hereto and made part hereof.[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
[Ord. #2441, § VI; Ord. #2876-12]
This section shall take effect on July 1, 2002, provided that it is approved by the voters as a public question in the next general election. The referendum question attached hereto was submitted to the voters of the Township of Lyndhurst at the November 6, 2001, general election and approved.
[Ord. #2543, § 1]
There is hereby established in the Township of Lyndhurst a Beautification Commission for the protection, enhancement, and preservation of the aesthetic appearance of the Township.
[Ord. #2543, § 1]
The Beautification Commission shall consist of seven regular members and shall not have more than two alternate members. Members shall be residents of the Township to be appointed by the Board of Commissioners. The Director of Public Works and the Director of Parks and Recreation shall oversee and serve as liaison between the Beautification Commission and the Board of Commissioners.
[Ord. #2543, § 1]
The Commission shall annually elect a chairman, vice chairman and select a secretary.
[Ord. #2543, § 1]
a.
Creation and Purpose of Commission. There is hereby established an Enforcement Commission which shall be comprised of three members of the Beautification Commission. The members of the Enforcement Commission shall be appointed by the Board of Commissioners. The Enforcement Commission shall be charged with the enforcement of any Township ordinances relating to the beauty and aesthetics of the Township.
b.
Term of Office. Members of the Enforcement Commission shall serve for a period of two years, effective from the date of appointment.
[Ord. #2543, § 1]
a.
Creation and Purpose of Committees. The Beautification Commission shall have the authority to create, administer, or cause to be created and administered, any number of committees necessary to accomplish any projects with the approval of the Director of Public Works and the Director of Parks and Recreation.
b.
Officers. The chairman of the Beautification Commission shall appoint a member of the Beautification Commission to serve as chairperson of any committee so created, and shall oversee and report to the Director of Public Works and Director of Parks and Recreation as to the progress, needs, and development of any projects engaged by a committee.
[Ord. #2543, § 1]
The Beautification Commission shall have the responsibility to:
a.
Seek out, initiate, and encourage civic beautification projects.
b.
Obtain and disseminate, on a Township-wide basis, information pertaining to civic beautification.
c.
In general, institute, foster, and support such programs, undertakings, and projects as shall cause, within the citizens of the Township of Lyndhurst, a sense of pride in the aesthetic aspects of their community.
d.
Raise funds to offset its operational costs. All expenditures shall first be approved by the board of commissions and all money so raised turned over to the Department of Revenue and Finance.
[Ord. #2544, § 1]
There is hereby established sex offender residency restrictions for the purpose of prohibiting convicted sex offenders from residing or living near areas where children regularly meet and congregate. It is in the best interests of residents of the Township to adopt regulations in addition to those enacted by the State of New Jersey regarding convicted sex offenders, so as to protect the health, safety, and welfare of the children of the Township.
[Ord. #2544, § 1]
a.
No person over the age of 18 who has been convicted of a violation of any crime against a minor as listed in N.J.S.A. 2C:7-2, and who as a result of said conviction is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq., Registration and Notification of Release of Certain Offenders, shall be permitted to reside or live within 2,500 feet of any school, park, playground, day care center or board of education approved bus stop in the Township of Lyndhurst.
b.
A person who resides or lives within 2,500 feet of any school, park, playground, day care center or board of education approved bus stop in the Township of Lyndhurst shall have 60 days from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location which is in compliance with this section within that time period shall constitute a violation of this section.
c.
This section shall not apply to a person who has established a residence prior to July 1, 2005.
[Ord. #2544, § 1]
This section may be enforced by a police officer of the Township of Lyndhurst.
[Ord. #2544, § 1]
Any violation of this section shall be punishable by a fine not exceeding $1,250; imprisonment for a term not exceeding 90 days; and a period of community service not exceeding 90 days.
[Ord. #2551, § 1]
There is hereby established in the Township of Lyndhurst a Water Commission to provide advice and assistance to the Board of Commissioners with respect to the facilities, operating procedures, services, and billing practices of the Township's water utility company, and payments for such services by the Township.
[Ord. #2551, § 1]
The Water Commission shall consist of five regular members and may not have more than two alternate members. There shall be three members of Class A and two members of Class B as follows:
a.
Class A: the Mayor, the Director of the Department of Public Works, and the Superintendent of the Department of Public Works.
b.
Class B: citizens of the municipality who shall hold no other municipal office, position, or employment, except for membership on the Planning Board or Board of Adjustment.
c.
Alternate members shall meet the qualifications of Class B members.
[Ord. #2551, § 1]
a.
The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members, if any, as "Alternate No. 1" and "Alternate No. 2".
b.
All members of the Commission shall be appointed for three year terms, effective from the date of appointment.
c.
A vacancy occurring otherwise than by expiration shall be filled by the Mayor for an unexpired term only.
[Ord. #2551, § 1]
The Commission shall annually elect a chairman, vice chairman and select a secretary.
[Ord. #2551, § 1]
The Commission shall create rules and procedures for transaction of its business subject to the following requirements:
a.
A quorum for the transaction of business shall consist of three of the Commission's members, including the chairman or, in his or her absence, the vice chairman.
b.
The secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and recommendations. All such material shall be public records.
c.
All meetings shall comply with the Open Public Meetings Act. (N.J.S.A. 10:4-6 et seq.)
d.
Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
e.
No member of the Water Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
f.
A member of the Water Commission may (after public hearing if he or she requests it) be removed by the governing body for cause.
[Ord. #2551, § 1]
The Water Commission members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of official business.
[Ord. #2551, § 1]
Expenditures pursuant to this section shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use. The Commission may recommend to the governing body contracting of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the governing body.
[Ord. #2551, § 1]
The Water Commission shall have the responsibility to:
a.
Review any and all records relating to the delivery of water service by the Township's water utility company and payment for such service.
b.
Advise the governing body with regard to the following: installation, use, operation, and maintenance of all facilities in connection with the delivery of water service by Township's water utility company in the Township; the manner in which such water service is delivered; and the billing practices of the water utility company and payments in connection therewith by the Township.
c.
Consult with the Township Engineer, Tax Collector/Treasurer/Chief Financial Officer and other Township officials and professional consultants when appropriate and necessary.
d.
Make recommendations to the governing body to improve the delivery of water service to the Township; billing practices and procedures to ensure that invoices received by the Township from the water utility company are proper, and that payments made by the Township are properly credited; and procedures relating to the maintenance of water service facilities.
e.
Provide written reports when requested by the governing body.
f.
Provide such other advisory and informational functions so as to enhance the delivery of water service to the Township, and the Township's satisfaction of its financial obligations in connection therewith.
[Ord. #2615, § 1]
There is hereby established a municipal utility for the purpose of operating, maintaining and preserving the sanitary sewer facilities owned and operated by the Township of Lyndhurst, as well as any additional systems that may be acquired or constructed.
[Ord. #2615, § 2]
The name by which the utility shall be known is the "Township of Lyndhurst Sewer Utility," hereinafter referred to as the "Sewer Utility."
[Ord. #2615, § 3]
The Sewer Utility shall (A) be responsible for the operation and maintenance of the Township of Lyndhurst's sewerage system, (B) be empowered to make such improvements as may be necessary thereto and issue bonds in connection therewith, (C) have the authority to establish, charge and collect fees for connections, usage and services for direct or indirect use of the sewerage system and (D) have all such other powers and duties as may be specified and prescribed in Title 40A, Chapters 4 and 26A of the New Jersey Statutes Annotated, as amended, and other applicable law.
[Ord. #2615, § 4]
For the purposes of financial operations and more specifically for the purposes of accounting for revenues and expenditures of the sewer utility, said financial operation shall be specifically in accordance with N.J.S.A. 40A:4-33, N.J.S.A. 40A:4-34 and N.J.S.A. 40A:4-35.
[Ord. #2728, § 1]
There is hereby created and established a municipal utility for the purpose of operating and maintaining the Lyndhurst Community Pool located at Lyndhurst High School, and any additional pools or aquatic facilities that may be acquired or constructed by the Township (hereinafter collectively referred to as "the community pool").
[Ord. #2728, § 2]
The name by which the utility shall be known is the "Township of Lyndhurst Community Pool Utility," (hereinafter referred to as the "utility").
[Ord. #2728, § 3]
The utility shall have the following powers and authority to:
a.
Operate, manage, and maintain the community pool.
b.
Make such improvements, renovations or repairs as may be necessary and issue bonds in connection therewith.
c.
The power and authority to establish charges and collect fees for the use of the community pool and facilities in connection therewith.
d.
All other such powers, authority and responsibilities as may be specified and prescribed by law.
[Ord. #2728, § 4]
The financial operations of the utility, including accounting for revenues and expenditures, shall be in accordance with the Local Budget Law, N.J.S.A. 40A:4-1 et seq.
[Ord. #2664]
The Township Clerk shall be the custodian of the public government records held or controlled by the Township of Lyndhurst. Access to such records shall be in accordance with the New Jersey Open Public Record Act ("OPRA"), N.J.S.A. 47:1A-1 et seq.
[Ord. #2664]
The Township Clerk shall adopt a form for requests for public government records held or controlled by the Township. The forms shall be in accordance with N.J.S.A. 47:1A-5(f).
[Ord. #2664]
A copy or copies of a public government record of the Township may be purchased by any person upon payment of the fee prescribed by law or regulation or if a fee is not prescribed by law or regulation, upon payment of the actual costs of duplicating the record shall be in accordance with the fees established pursuant to N.J.S.A. 47:1A-5(b). The Township Clerk shall have the authority to charge fees in excess of the rates established by N.J.S.A. 47:1A-5(b) if the actual costs of duplicating the record exceeds those rates.
[Added 12-8-2025 by Ord. No. 3246-25]
a.
Authorization. In accordance with N.J.S.A. 47:1A-5(c), the Township of Lyndhurst may impose a special service charge for any OPRA request that requires extensive clerical or supervisory assistance by the custodian of records or other employees of the Township or that involves an extraordinary expenditure of time and effort to fulfill. Such charges shall be based solely on the actual direct costs incurred, including but not limited to materials, supplies and labor, without any markup for overhead or profit. Special service charges shall only apply in extraordinary circumstances, such as where a large volume of records must be retrieved from offsite storage, substantial redaction or review is required for legal exemptions, including requests for body worn camera footage, or the request involves non-routine formats (e.g., conversion to digital media requiring programming or specialized equipment). Routine duplication fees under N.J.S.A. 47:1A-5(b) shall apply to standard requests and are not superseded by this subsection.
b.
Calculation of Charges.
1.
Duplication Costs. For records produced by outside vendors (e.g., copy centers or digital imaging services) when in-house resources are insufficient for timely production, the actual direct cost charged by the vendor shall be passed on to the requester, without any additional surcharge for Township labor.
2.
Labor Costs. A special service charge for labor shall be calculated at the actual hourly rate of the lowest-paid employee capable of performing the task (e.g., clerical review, redaction, or assembly, etc.), plus a proportionate share of benefits (not to exceed 30% percent of salary). Charges shall be imposed only for time exceeding routine processing (e.g., more than one hour of extraordinary effort).
3.
Digital or Non-Routine Records. If the request involves production or conversion of digital, computerized, or film records in a non-routine medium not routinely maintained by the Township, or requiring substantial manipulation or programming of information technology, the requester shall pay: (i) the direct costs (no overhead) of materials and supplies; plus (ii) a special charge equal to the actual cost of technology and labor incurred, estimated in advance at not more than $30 per hour.
4.
Other Extraordinary Costs. For body-worn camera or vehicle camera footage, or similar media requiring review for redactions, a charge of $80 per hour of footage (assuming three hours of review per hour of footage) may apply, billable in half-hour increments, with a $50 minimum for footage under one hour.
c.
Advance Notice and Prepayment. The custodian of records shall provide the requester with a written estimate of any special service charges before commencing work. The requester shall have the opportunity to revise or withdraw the request to avoid or reduce charges. Prepayment of 50% of the estimated amount shall be required before processing begins. Final charges shall be reconciled against actual costs upon completion, with any overpayment refunded or underpayment due.
d.
Waivers. The Board of Commissioners, by resolution, or the custodian with the Mayor's approval, may waive special service charges (in full or in part) for requests from governmental entities, educational institutions, or indigent requesters, upon demonstration of public interest or hardship.
[Ord. #2845-12]
The following terms 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 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 an official's lawful exercise of his or her authority or duty in the furtherance of the 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 or action against any Township official, either in the Township official's official or individual capacity, for acts, omissions, or events arising out of, or connected, directly or indirectly, with the performance of the Township 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 Township official's lawful exercise of his or her authority or duty in the furtherance of the official's authority or duty.
Shall mean the Board of Commissioners of the Township of Lyndhurst.
Shall mean the Township of Lyndhurst.
Shall mean the Attorney for the Township of Lyndhurst.
Shall mean all appointed or elected officials, employees, agents, officers, and volunteers of the Township.
[Ord. #2845-12]
The Township shall, upon timely notification and request as provided herein, provide for the defense of any investigation, action, suit or proceeding, commenced or threatened, (hereinafter collectively, "proceedings") whether civil, administrative or investigative, including cross-claims, counterclaims or cross-actions (hereafter, "defense"), against a Township official, on account of any act or omission arising out of or within the scope of his or her employment, office or elective or appointive position with, for or on behalf of the Township (hereinafter collectively, his or her "employment"), except as otherwise provided herein.
[Ord. #2845-12]
The defense of any such proceedings shall include all reasonable costs associated therewith, including legal, expert and technical fees and expenses, together with costs of appeal if an appeal is deemed necessary and appropriate by the Township Attorney in his or her reasonable discretion; and the Township shall indemnify, defend, save harmless and protect its official from any financial loss resulting therefrom, except as otherwise provided herein.
[Ord. #2845-12]
The Township will not provide a defense for Township officials who are charged with criminal offenses. The governing body may, however, authorize the Township to reimburse the Township 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 Township official.
[Ord. #2845-12]
The governing body, with the advice of the Township Attorney, shall determine what costs, expenses, and legal fees are reasonable under the facts and circumstances of each case in which a Township official is a party. For purposes of this indemnification policy, the Township only will pay or indemnify the Township official for legal fees that are based on reasonable hourly rates, 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 Township official as authorized by this section.
[Ord. #2845-12]
The defense provided herein shall include the indemnification of the official and shall save him or her harmless from financial loss resulting from any proceeding described herein, including claims, losses, expenses, judgments, damages, fines, attorney and any other expert and technical fees, court costs, witness fees, transcript costs and any amount paid in settlement thereof and actually and reasonably incurred in connection therewith, to the extent provided by law, except as otherwise provided to the contrary herein. Expenses thus incurred may be paid in advance of final deposition of the action.
[Ord. #2845-12]
Any defense to any proceeding covered by virtue of this section shall be provided by attorneys and other personnel and service providers selected by the Township or its insurance carriers.
[Ord. #2845-12]
To the extent that any defense in any covered proceeding is provided by or pursuant to any policy of insurance contracted by the Township or available to any other party, the official requesting and to whom the defense is to be provided shall be subject to all the requirements and restrictions of said policy of insurance to the same extent as is the Township. In the event that any official incurs any costs, fees and expenses without the prior written approval of the Township, such liability so incurred shall be the sole responsibility of the official and additionally, the Township shall have no obligation to indemnify and save harmless the said official in the applicable proceeding.
[Ord. #2845-12]
An official shall not be entitled to defense, indemnification and save harmless hereunder unless, within 10 days of the time such official is served with any subpoena, notice, demand, summons, complaint, order to show cause or pleading, he or she delivers the same or an accurate and complete copy thereof to the Township Clerk, whereupon it shall be the duty of the Township Clerk to forthwith notify the governing body, and the Township Attorney thereof, provided that such time period may be extended for good cause by a duly adopted resolution of the governing body, and be it further provided that this notification requirement shall not be operative against any official in any currently pending proceeding of which the Township is on actual notice.
[Ord. #2845-12]
Any official requesting and to whom defense, indemnification and save harmless is to be provided shall cooperate fully and in good faith with the Township, its attorneys, insurers, adjusters, investigators, experts and technical personnel engaged for this purpose, in the preparation and conduct of the defense or settlement or other disposition in any proceeding. If such official shall neglect, fail or otherwise impede or refuse to cooperate as aforesaid, which decision thereof shall be in the sole discretion of the governing body, the governing body, on 10 days' written notice to the official and opportunity to be heard, may for cause, declare all rights and benefits created hereunder for the benefit of such official to be forfeited and terminated by affirmative vote of the governing body.
[Ord. #2845-12]
An official shall not be entitled to defense, indemnification and save harmless in any proceeding in the following events or circumstances:
a.
In any tenure, disciplinary action, suspension, termination, licensure or (de)certification affecting a proceeding brought by the Township against the official;
b.
In any tenure, disciplinary action, suspension, termination, licensure or (de)certification affecting a proceeding brought by any other governmental unit or agency against the official;
c.
In the defense of any proceeding, including indemnification, save harmless, judgments or settlements based upon what the governing body has determined, upon 10 days' written notice to the official and opportunity to be heard, that the proceeding is based upon a criminal offense, actual fraud, malice, wrongful or gross misconduct, or an intentional or wrongful act or omission, or did not arise out of or in the scope of his or her duties, office or employment by or with the Township.
d.
In the payment of punitive or exemplary damages, unless the governing body first determines, upon 10 days' notice to the official and opportunity to be heard, that the official's acts or omissions did not constitute actual fraud, actual malice, gross misconduct, and intentional tort or that involves a substantial and material violation of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., as same may be, from time to time, amended;
e.
In any defense of, indemnification for, and save harmless from professional malpractice;
f.
In the event that any defense in any proceeding is refused or terminated by the governing body, as set forth in this section, for failure of the official to abide thereby or act in compliance therewith; and
g.
In the event that any insurance coverage is available for payment, in whole or in part of the defense, indemnification and save harmless of the official in any proceeding, to the extent of the said insurance coverage.
h.
If the action or proceeding has been brought by the Township itself against the official.
i.
If the official has failed to substantially cooperate with the Township and its agents, servants, attorneys, and employees in connection with the matter.
[Added 1-11-2022 by Ord. No. 3096-21]
a.
Creation. There is hereby created the office of "Human Resources Specialist/Assistant CFO" for the Township. The Human Resources Specialist/Assistant CFO shall be appointed by the Commissioner of Revenue and Finance and assigned to the Department under which the Commissioner is the Director.
b.
Powers and Duties. The Human Resources Specialist (HR) will have the responsibility for providing operational services in the areas of recruitment/placement, classification, performance management, benefits, employee relations, labor relations, employment development and training. HR position is responsible for handling duties involving in a wide range of support activities inside the HR Department, from maintaining our employee database to posting job ads; JIF compliance and tracking all training. The Human Resources Specialist will be to act as the liaison between HR and employees, ensuring smooth communication and prompt resolution of requests and questions.
The Assistant CFO will work closely with the Township's CFO and will be responsible for financial dealings with the Township, including all statutory requirements and preparation/oversight of all financial reporting, including but not limited to payroll, pension reports, bank reconciliation, accounts payable/receivable, purchasing, grant and escrow accounts and other general duties as deemed necessary.
[Added 11-21-2023 by Ord. No. 3177-23]
[Added 11-21-2023 by Ord. No. 3177-23]
The Township of Lyndhurst seeks to stimulate and encourage the development and growth of a varied mixture of appropriate economic activities within its boarders so as to increase available services; create additional employment; expand the municipal tax base; improve and upgrade unused or inappropriately used properties and to provide for greater financial and economic stability in the future for the Township and its citizens.
Aside from such general and specific promotional efforts as may be undertaken, the Township recognizes that there are various parcels of property located within its boundaries that may be suitable for development, redevelopment and rehabilitation in a manner contemplated by the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et. seq. ("LRHL").
The Board of Commissioners of the Township of Lyndhurst have determined that the issues and concerns relative to general economic development and encouragement and the development and redevelopment of areas which may be deemed to be in need of redevelopment pursuant to applicable statute, can best be achieved and resolved through the uniform and coordinated efforts and control of a single municipal agency established for such purposes.
In order to address such matters and undertake such efforts the Township of Lyndhurst desires to create a body corporate and public to be known as the Lyndhurst Redevelopment Agency (hereinafter "Agency") to serve as the primary municipal agency for the encouragement, promotion and coordination of appropriate economic activities and expansion within the Township and as the redevelopment entity which shall be responsible for the clearance, planning, development and redevelopment of such areas for the Redevelopment Plans presently existing or may hereafter be adopted pursuant to applicable statutes.
The Agency shall have such powers as are set forth herein and in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et. seq. ("LRHL").
The Local Finance Board of and the Division of Local Governmental Services, within the Department of Community Affairs, State of New Jersey, has approved the creation of the Agency pursuant to N.J.S.A. 40A:5A-4.
[Added 11-21-2023 by Ord. No. 3177-23]
Pursuant to LRHL, the Township of Lyndhurst hereby creates a body corporate and politic to be known as the Lyndhurst Redevelopment Agency which shall constitute a redevelopment entity contemplated and provided for in the aforesaid LRHL as an agency or instrumentality of the Township of Lyndhurst.
[Added 11-21-2023 by Ord. No. 3177-23]
Pursuant to the LRHL, there shall be seven commissioners of the Agency to be appointed by the Governing Body of the Township of Lyndhurst. The terms for these commissioners shall be five years, except that the first appointees shall be designated as one commissioner - having a term of one year, one commissioner - having a term of two years, two commissioners - having terms of three years, one commissioner - having a term of four years, and two commissioners - having terms of five years. Each commissioner shall hold office for the term of his appointment and until his successor has been appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Of the seven commissioners, no more than two commissioners shall be officers or employees of the Township.
[Added 11-21-2023 by Ord. No. 3177-23]
A commissioner who is member of the Governing Body shall serve only a one-year term. All other commissioners shall be appointed in staggered terms in accordance with this provision. A certificate of appointment or reappointment of each commissioner shall be filed with the Clerk. A commissioner shall receive no compensation for his services, but shall be entitled to reimbursement for actual expenses incurred in the discharge of his duties, including travel expenses. Four commissioners shall constitute a quorum for purposes of conducting business and exercising powers and all other purposes. Action may be taken upon the affirmative vote of a majority but not by less than four commissioners present.
[Added 11-21-2023 by Ord. No. 3177-23]
In addition to all such powers as are specifically granted to the Agency pursuant to N.J.S.A. 40A:12A-1 et. seq., and as may otherwise be generally allowed pursuant to other applicable statutes, the Agency shall also have the power to:
a.
Inquire into, survey and publicize the extent, advantages and utility of vacant land and other dormant and underutilized properties of the Township.
b.
Classify such land and properties according to its adaptability for the establishment and development thereon of various types of economic activities.
c.
Study and analyze business trends, requirements and developments to ascertain the opportunities for economic expansion in the Township.
d.
Advertise the business advantages and opportunities and the availability of suitable sites and facilities in the Township and otherwise initiate and pursue appropriate efforts to encourage and accomplish economic development and expansion within the Township.
e.
Cooperate with other Township departments, agencies, committees and local civic organizations to promote, encourage and assist economic development within the Township.
f.
Arrange for the sale or lease of the Township's vacant lands to businesses whose location thereon is best calculated, in the judgment of the Agency, to advance the interests of the Township and of its citizens.
g.
Exercise such other powers as may be reasonably necessary and appropriate to accomplish its purposes and goals in accordance with applicable laws and regulations.
[Added 11-21-2023 by Ord. No. 3177-23]
Regular meetings of the Agency shall be held at least once per month at such time and on such date as may be fixed by a quorum of the commissioners at the Council Meeting Room, Lyndhurst Town Hall, 367 Valley Brook Avenue, Lyndhurst, New Jersey 07071. The regular meetings of the Agency shall be subject to change from time to time as the chairman of the Agency deems necessary. Notice of the meetings shall be provided in accordance with the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6 et. seq.
[Added 11-21-2023 by Ord. No. 3177-23]
The Rules and Decorum of the Meetings shall be in accordance with the Rules and Decorum of Public Meetings as set forth in Township of Lyndhurst Code § 2-2.4.