[Amended 11-22-71 by Ord. No. 71-1-Q; 6-28-76 by Ord. No. 76-174-B[1]; 4-26-82 by Ord. No. 82-453; 8-27-90 by Ord. No. 90-45; 1-21-97 by Ord. No. 97-1; 2-9-98 by Ord. No. 98-4; 7-26-99 by Ord. No. 99-21]
The administrative functions, powers and duties of the municipality are hereby allocated and assigned as follows:
A. 
Department of Administrative Services.
B. 
Department of Finance.
C. 
Department of Law.
D. 
Department of Public Safety.
E. 
Department of Health and Welfare.
[Amended 2-9-98 by Ord. No. 98-4]
F. 
Department of Recreation, Parks, and Community Services.
[Deleted 1-21-97 by Ord. No. 97-1]
G. 
Department of Planning and Engineering.
[Added 8-14-78 by Ord. No. 78-3; amended 4-24-89 by Ord. No. 89-12]
H. 
Clerk.
I. 
Tax Assessor.
J. 
Department of Parks and Public Works.
[Added 8-10-87 by Ord. No. 87-861; amended 7-26-99 by Ord. No. 99-21]
K. 
Department on Aging.
[Added 8-29-90 by Ord. No. 90-45]
[1]
Editor's Note: Ordinance No. 76-174B also provided for the repeal of those provisions establishing the Department of Recreation and Parks (Sec. 2-18 of the former Revised General Ordinances) as they were added 11-22-71 by Ord. No. 71-1-Q and amended 1-28-74 by Ord. No. 73-1-CC; 6-9-75 by Ord. No. 75-220; 8-25-75 by Ord. No. 75-220-A; 9-22-75 by Ord. No. 75-1-EE; 9-22-75 by Ord. No. 75-1-FF.
[Added 4-10-78 by Ord. No. 78-3]
A. 
Due to the fact that smoking is a major cause of disease, disability, public nuisance and irritation to smokers and nonsmokers alike, it is hereby provided that smoking shall be prohibited at all meetings of all Township boards, agencies, commissions and other bodies, to which meetings the public has been invited. Notices shall be posted at all such meetings and on announcements of such meetings indicating the following: "Smoking not permitted during meetings of East Brunswick boards, commissions and agencies."
B. 
Any violation of this section shall result in a fine of not more than $25.
[Added 12-14-98 by Ord. No. 98-35]
DEFINITIONS
A.
CANDIDATE — Any individual seeking election to a public office of the federal government, state, county, municipality, school district or political organization at an election.
B.
CONTRIBUTION — Includes all loans and transfers of money or other thing of value to or by any candidate, elected official or political organization and all pledges or other commitments or assumptions of liability to make any such transfer. Contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.
C.
POLITICAL ORGANIZATION — Means any two or more persons acting jointly, or any corporation, partnership or any other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for federal, state, county, municipal or school board office. A Political Organization includes, but is not limited to, organizations otherwise defined as a political committee, a joint candidates committee, and legislative leadership committee.
D.
MUNICIPALITY — This municipality and any officer, department, board, commission or agency thereof.
E.
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE — Any person holding elective municipal office or holding an appointed position in the municipal government, or in any agency, commission, board or office thereof, whether the position is full time or part time, compensated or uncompensated; and any employee of municipal government or in any agency, commission, board or office thereof, whether the position is full time or part time.
F.
SOLICIT — To seek by oral or written communication a Contribution as same is defined herein.
G.
PROPERTY OF THE MUNICIPALITY — Buildings, land, vehicles, phones, fax machines, computers or other office equipment or supplies and other real or personal property owned, leased or controlled by the municipality, except for public roads and open park land and public recreational facilities regularly made available for public use.
GENERAL REGULATIONS
A.
Prohibition Against Soliciting or Accepting Political Contributions on Public Property.
(1)
No municipal official, employee or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any contribution for any candidate, elected official or political organization while in or on the Property of the Municipality or utilizing the Property of the Municipality.
B.
Prohibited Forms of Fundraising.
(1)
Prohibited forms of fundraising shall include but are not limited to:
(a)
Soliciting or accepting contributions using municipal telephones, fax machines or computers.
(b)
Soliciting or accepting contributions using personal telephones while on the Property of the Municipality. This prohibition shall not include the use of private cellular telephones in private automobiles which are parked or traveling on municipal property.
(c)
Soliciting or accepting contribution through the use of publicly owned computers or privately-owned personal computers while on the Property of the Municipality.
(d)
Using municipal letterhead to solicit or accept contributions.
(e)
Sending correspondence which solicits contributions. This prohibition shall not apply to the depositing of United States Mail in United States Postal boxes which are located on municipal property.
(f)
Face-to-face soliciting of an individual or an owner or representative of a business entity while on the Property of the Municipality.
(g)
Use of automobiles owned or leased by the municipality to accept or solicit contributions.
C.
Reporting Requirements. It shall be the responsibility of any employee, appointed, or elected official who observes any prohibited forms of fundraising to report such conduct to the municipal ethics board, if one exists, or in the alternative, to the municipal prosecutor and the municipal clerk who shall report same to the governing body.
D.
Whistleblower Provision. It shall be unlawful for any employee, elected official or appointee to be dismissed, reprimanded, retaliated against or otherwise intimidated for complying with the reporting requirements mandated by this Ordinance.
E.
Violation. Violation of any provision of this Ordinance shall be punished by a period of community service not exceeding 90 days or imprisonment in the county jail for a term not exceeding 90 days or a fine not exceeding $1,000.
[Amended 4-26-82 by Ord. No. 82-453; 9-27-10 by Ord. No. 10-22]
Editor's Note: This section also contained provisions establishing the Planning Board and Zoning Board of Adjustment as they were amended 1-22-68 by Ord. No. 67-1-E; 12-9-68 by Ord. No. 68-1-F; 9-28-70 by Ord. No. 70-1-K; 11-26-73 by Ord. No. 73-1-Z; 12-26-73 by Ord. No. 73-1-BB; 6-27-77 by Ord. No. 77-1-HH. These provisions were deemed superseded by Ord. No. 76-174-B which provided that the Planning Board would be established as part of the Division of Development Services within the Department of Administrative Services and that the Zoning Board of Adjustment would be established as part of the Division of Code Management Services within the Department of Administrative Services. Accordingly, the provisions on the Planning Board as amended, are now § 132-4, and the provisions on the Zoning Board of Adjustment, as amended are now § 132-16.
In addition to the departments and positions provided for in § 3-47, there shall be the following statutory agencies which are not assigned to any department:
A. 
Free Public Library. Pursuant to the provisions of N.J.R.S. 40:54-1 et seq. the Free Public Library shall be governed by a Board of Trustees which shall consist of nine members, one of whom shall be the Mayor, one of whom shall be the Superintendent of School and seven citizens to be appointed by the Mayor, at least six of whom shall be residents of the municipality. The initial terms of the five citizens shall be for terms of one, two, three, four (4) and five years respectively, as they may be selected by the Mayor, except that the sixth and seventh members shall have terms of five years each. Upon the expiration of the term of office of any of the citizen Trustees, the Mayor shall appoint a citizen for a term of five years in the same manner as the original appointment was made. Vacancies occurring in the Board of Trustees shall be filled for the unexpired term only.
[Amended 6-27-66 by Ord. No. 66-1-C; 6-12-89 by Ord. No. 89-32]
[Amended 4-23-73 by Ord. No. 73-1-U; 7-8-91 by Ord. No. 91-80; 1-21-97 by Ord. No. 97-1; 10-5-09 by Ord. No. 09-23]
A. 
Powers. There shall be a Municipal Court in the Township pursuant to the provisions of N.J.R.S. 2A:8-1, as amended and supplemented to be known as the "Municipal Court of East Brunswick Township, Middlesex County." The Municipal Court shall have a seal which shall bear the impress of the name of the Court. The Court shall be held in the East Brunswick Civic Center, 575 Ryders Lane, or such other place as the Council shall designate from time to time by resolution, and shall exercise all of the functions, powers, duties and jurisdictions conferred upon municipal courts by the provisions of N.J.R.S. 2A:8-1, as amended and supplemented, or any other law.
B. 
Municipal Judge.
[Amended 1-21-97 by Ord. No. 97-1; 10-5-09 by Ord. No. 09-23]
(1) 
There shall be a Municipal Judge, and where necessary a second Municipal Judge, of the Municipal Court, appointed by the Mayor with the advice and consent of the Council, who shall serve for a term of three years from the date of appointment and until a successor shall be qualified and appointed.
(2) 
If necessary, a third special Municipal Judge of the Municipal Court may be appointed by the Mayor with the advice and consent of the Council, who shall serve for a term of three years from the date of appointment and until a successor shall be qualified and appointed.
[Amended 10-5-09 by Ord. No. 09-23]
(3) 
The Municipal Judges shall have the functions, duties, powers and jurisdictions conferred by the Laws of the State of New Jersey (N.J.R.S. 2A:8-1 et seq.) or by general law or ordinance.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Municipal Court Administrator.
[Amended 7-8-91 by Ord. No. 91-80]
(1) 
There shall be an Administrator of the Municipal Court and, where necessary, Deputy Clerks, appointed by the Council. The Municipal Court Administrator shall serve for a term of two years from the date of his appointment and until his successor is appointed and qualified. The Term of each Deputy Court Clerk shall be set by the resolution appointing him but shall not exceed two years.
(2) 
The duties of the Municipal Court Administrator and Deputy Clerks shall include, but shall not be limited to:
(a) 
Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.
(b) 
Interviewing and speaking to prospective complainants, receiving complaints and dispensing information relating to Court matters.
(c) 
Maintaining the financial records of the Court.
(d) 
Attending Court, taking minutes of the trials and entering them in the docket; arranging trial calendars; signing Court documents; and preparing and issuing warrants and commitments.
(e) 
Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; and receiving and accounting for fines and costs.
(f) 
Interviewing persons on informal police Court matters to determine if there is a basis for formal action and, if necessary, issuing summonses requiring Court appearances in this regard; and maintaining and classifying records and files.
(3) 
Before entering upon the duties of his office, each Municipal Court Administrator and Deputy Clerk shall enter into bond as required by law.
A Business Administrator, with such qualifications as are provided by the charter, shall be appointed by the Mayor with the advice and consent of the Council. He shall serve during the term of office of the Mayor appointing him and until the appointment and qualification of his successor. The Mayor may, in his discretion, remove any Business Administrator after notice and an opportunity to be heard. Prior to removing a Business Administrator, the Mayor shall first file written notice of his intention with the Council, and such removal shall become effective on the 20th day after the filing of such notice unless the Council shall, prior thereto, have adopted a resolution by a two-thirds vote of the whole number of the Council disapproving the removal. Under the direction and supervision of the Mayor, the Administrator shall:
A. 
Serve as chief of staff to the Mayor.
B. 
Supervise the management, planning and operations of all departments, provided that such supervision shall not extend to the exercise of the control function in the management of the finances of the municipality, which shall be exercised by the Director of the Department of Finance.
C. 
Prescribe and enforce rules and regulations for the efficient management of the municipal government not inconsistent with the charter and Code.
D. 
Coordinate the operation and administration of the various departments, divisions, officers and agencies of the municipal government.
E. 
Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.
F. 
Perform such other duties as the Code may require or as the Council may otherwise prescribe.
G. 
Assign and transfer employees temporarily from one department to another as efficient administration may require.
[Added 12-8-75 by Ord. No. 75-1-HH; 9-27-10 by Ord. No. 10-22]
The following municipal agencies are affected by the Open Public Meetings Act, Chapter 231 of the Public Laws of 1975 and, as such, are subject to all sections of this chapter which govern public meetings, agenda meetings procedure, special meetings and related matters, including §§ 3-5 and 3-7, as revised:
Editor's Note: See N.J.R.S. 10:4-6 et seq.
A. 
Township Council.
B. 
Zoning Board of Adjustment.
C. 
Planning Board.
D. 
Sewerage Authority. [Deleted 9-27-10 by Ord. No. 10-22]
E. 
Library Board.
F. 
Rent Leveling Board.
G. 
Municipal Youth Guidance Council.
H. 
Environmental Commission.
I. 
Commission on Aging.