[Amended 5-18-82 by Ord. No. 16-82]
Members of the Council, elected as provided by the Charter for
terms beginning July 1, 1976, shall be paid an annual salary as provided
in the Salary Ordinance and in the same manner as all other officers
and employees. The Council President shall receive the same amount.
Vacancies on the Council shall be filled in the manner prescribed
by Section 67 of the Optional Municipal Charters Law.
The Council shall meet during the first week in July of each
year to elect a President and a Vice President for one (1) year and
to conduct such other business as may come before it.
Members-elect of the Council shall be notified of all Council
meetings to be held between election day and the date of organization,
the same as incumbents. They shall be entitled to attend al such meetings
and to participate in all premeeting conferences without vote.
A. Legislation.
Except as may be otherwise provided by general law, the Council shall
exercise the legislative power of the city.
B. Inquiry.
The Council may, by majority vote of the whole Council, require any
municipal officer to prepare and submit sworn statements regarding
the performance of his official duties and may otherwise investigate
the conduct of any department, office or agency.
C. Administration. The Council and individual members thereof shall deal with officers and employees of the city only through the Mayor or the Business Administrator, and, except for inquiries as provided in Subsection
B above, all communication regarding administration of the city shall be with them.
D. Removals.
The Council may, by majority vote of the whole Council and for cause,
remove any municipal officer, except the Mayor or a Council member,
upon notice and an opportunity to be heard in public. The Council
may also disapprove mayoral removals in accordance with Section 43(c)
of the Optional Municipal Charters Law.
E. Appointments.
Upon request of the Mayor, the Council shall receive and consider
in executive session any nomination for appointment requiring Council
advice and consent. Candidates shall be formally nominated at any
regular meeting and may be confirmed or rejected at the same meeting,
but in any case, no later than the next regular meeting. Multiple
appointments to any body shall be confirmed individually.
F. Appointments
by Council pursuant to statute.
[Added 2-7-06 by Ord. No. 1-2006]
(1) Each ward council member and one at-large member (designated by the
Council) shall have one (1) appointment to the Township of Orange
Housing Authority. With respect to the Zoning Board of Adjustment,
each ward member and one (1) at-large Council member shall appoint
one (1) Board member. The remaining two (2) at-large Council members
shall appoint two (2) Board members (one (1) each) to the Township
Zoning Board.
(2) In the event that a Council member does not have a nominee, the vacancy
shall be granted to another Council member by the Council President.
[Amended 7-6-16 by Ord. No. 27-2016]
A. All
meetings and Council meetings, including premeeting conferences, shall
be public and held at times and places fixed by the Council, in accordance
with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). Exceptions,
if any, shall be as authorized therein.
B. Regular
meetings. The Council shall hold its regular meeting on the first
and third Tuesdays of each month immediately following the conclusion
of the premeeting conference in the Council Chambers or such other
place as the Council shall designate, with proper notice, provided
that when any such meeting falls on a legal holiday, it shall be held
at the same time and place on the preceding day or following day that
is not a legal holiday. The Council shall not meet on the third Tuesday
in July or August. The presiding officer shall end the regular meeting
by 10:30 p.m. unless the meeting is extended by a majority of the
City Council. However, under no circumstances shall a meeting extend
beyond 12:00 a.m., and the presiding officer shall end the meeting
at that time. Agenda business not resolved by that time shall be carried
until the next scheduled meeting; or concluded at a Special Meeting
prior to the next scheduled meeting if a majority of the full authorized
membership of the City Council determine a Special Meeting is warranted.
[Amended 1-20-1981 by Ord. No. 3-81; 8-3-1982 by Ord. No. 27-82; 12-20-1988 by Ord. No. 41-88]
C. Premeeting
conferences. The Council may hold premeeting conferences in preparation
for the regular meetings. When held, they shall be at 7:00 p.m. in
the Council chambers on the same day as the regular meeting.
[Amended 1-20-1981 by Ord. No. 3-81; 8-3-1982 by Ord. No. 27-82]
D. Special
meetings. The Mayor or the President of the Council may, and upon
written request of a majority of the members of the Council shall,
call a special meeting of the Council. The request and call for a
special meeting shall state the purpose thereof, and no other business
shall be transacted. The call shall be filed with the Clerk at least
twenty-four (24) hours before the time for which the meeting is called,
provided that if the Mayor or the President of the Council declares
an emergency affecting the public health or safety, the call so stating
may be filed three (3) hours before the meeting. Upon receipt of notice,
the Clerk shall forthwith notify each member and member-elect, make
copies of the call available to the press and post at least one (1)
copy in a prominent place near the entrance to the meeting place.
[Amended 9-7-2021 by Ord. No. 45-2021]
E. Matters
for discussion. There shall be no more than two (2) subject matters
for discussion listed at any one (1) Municipal Council meeting.
[Added 12-1-2009 by Ord.
No. 33-2009]
[Amended 5-19-2015 by Ord. No. 23-2015; 7-6-16 by Ord.
No. 27-2016]
In addition to such bylaws as the Council may adopt by resolution,
the following procedure rules shall be in effect:
A. Quorum. A majority of the whole Council, four (4) members, shall
constitute a quorum for all business except adoption of ordinances,
which shall require the affirmative vote of a majority of all members.
B. [Amended 8-3-1994 by Ord.
No. 25-94] Order of business. At each regular meeting,
the order of business shall be:
(3) Open Public Meetings Act announcement.
(4) Approval of minutes of previous meetings. Minutes need not be read
at length if they have been distributed to members at least twenty-four
(24) hours before the meeting.
(5) Reports and recommendations of the Mayor and other officials.
(7) Communications and petitions.
(8) Citizen's comments on general issues/agenda items.
[Amended 5-18-1999 by Ord. No. 16-99; 4-3-2007 by Ord. No. 10-2007]
(9) Council comments.
[Amended 5-18-1999 by Ord. No. 16-99; 4-3-2007 by Ord. No. 10-2007]
(10) Ordinance second reading/public hearing.
[Amended 4-3-2007 by Ord.
No. 10-2007]
(11) Resolutions and motions.
(a)
Ordinance introduction.
[Amended 4-3-2007 by Ord.
No. 10-2007]
(b)
Other resolutions and motions.
(12) Consent agenda.
[Amended 4-3-2007 by Ord.
No. 10-2007]
(13) New business on the calendar.
(14) Other pending business.
[Amended 4-3-2007 by Ord.
No. 10-2007]
(15) Motion to adjourn.
[Amended 4-3-2007 by Ord.
No. 10-2007]
(16) Adjournment.
[Amended 5-18-1999 by Ord. No. 16-99]
Anyone wishing to discuss agenda or general items shall sign
one (1) book. [Added 4-3-2007 by Ord.
No. 10-2007]
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Each person signing the book will be allowed to speak for a maximum of five (5) minutes. Nothing in this section applies to members of the public being allowed to speak during the public hearing portion afforded to second reading and further consideration of ordinances for final adoption which is addressed in § 4-14 below. [Added 4-3-2007 by Ord.
No. 10-2007; amended 5-19-2015 by Ord. No. 23-2015]
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Council members will be able to address and respond during Council comments. [Added 4-3-2007 by Ord. No. 10-2007] Council members shall be courteous and conduct themselves professionally at all times in accordance with the provisions of § 4-10C below. Council members shall attempt to conclude all questions and remarks within a maximum time of five (5) minutes unless further time is granted from the presiding officer.
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C. Rules of order. Except as may be provided in the Charter or this
chapter, the conduct of Council meetings shall be governed by Robert's
Rules of Order, Revised.
D. Rights of presiding officers. Presiding officers may move, second
and debate from the chair and shall not be deprived of any of the
rights or privileges of Council members by reason of presiding.
E. Voting. The vote on every resolution or ordinance shall be by roll
call in alphabetical order, the President voting last. The vote of
each member shall be entered on the minutes. During roll call, no
member shall discuss or explain his/her vote.
F. Minutes. The Clerk shall keep minutes of all regular and special
meetings. The minutes shall record the time and place of the meeting,
the members attending and every action of the Council, whether by
motion, resolution or ordinance, with the names of the mover and seconder.
They may include other pertinent matter, as suggested by the order
of business. Copies shall be provided to each Council member and member-elect,
the Mayor or business Administrator and the City Attorney. Minutes
shall be signed by the Clerk and the presiding officer and shall be
kept permanently as public records.
G. Citizen comment. Each person addressing the Council shall step up
to the microphone, shall give his or her name and address in an audible
tone for the records and, unless further time is granted by the presiding
officer, shall limit his or her address to five (5) minutes. All remarks
shall be addressed to the Council as a body and not to any person
thereof. Members of the public addressing Council shall be courteous
at all times. Comments and conduct deemed offensive or derogatory
shall be deemed out of order by the presiding officer and violators
may be subject to expulsion from the Council Meeting. No person, other
than members of the Council and the person having the floor, shall
be permitted to enter into any discussion, either directly or through
a member of the Council, without the permission of the presiding officer.
No question shall be asked a Council member or municipal administrator
present except through the presiding officer.
[Added 8-3-82 by Ord. No. 26-82]
H. All new appointments to boards and commissions established by ordinance
and/or state statute, which by law are to be made by the City Council,
or governing body of the municipality, shall be made by nomination
at one (1) meeting of the City Council, followed by interviews of
all nominees by the City Council sitting in executive session at a
following meeting, and appointment, by resolution, at a following
public meeting of the City Council.
All persons who are serving in an existing appointment and are
in good standing may be reappointed to their position without the
need for an interview.
[Added 6-19-1990 by Ord.
No. 13-90; amended 4-15-08 by Ord.
No. 6-2008]
[Amended 10-21-2008 by Ord. No. 28-2008; 5-18-2010 by Ord. No. 10-2010; 9-7-2010 by Ord. No. 22-2010; 10-1-2013 by Ord. No. 41-2013; 4-4-2017 by Ord. No.
14-2017; 4-19-2022 by Ord. No. 9-2022]
All reports, communications, ordinances, resolutions and other matter for Council consideration shall be submitted to the Clerk no later than the Wednesday preceding the Council meeting by 12:00 noon in form for presentation to the Council. All ordinances and resolutions submitted shall also be provided to the Clerk in Microsoft Word format. Late material shall be held for a subsequent meeting unless a Council Member requests that said item be walked onto the agenda. Items that are walked onto the agenda shall be deemed new business; and the public will be afforded the opportunity to address the Municipal Council as additional public comments in accordance with Section
4-10G of the Municipal Code. The Clerk shall assemble all material in sufficient copies for the Council, Mayor, City Attorney, Business Administrator and for directors and others, as appropriate, and prepare the Council meeting agenda. The agenda and supporting material shall be delivered to all recipients on the Friday before the Council meeting.
[Amended 4-21-2015 by Ord. No. 15-2015]
The Council shall provide by ordinance for each standing committee
and by resolution for each special Council Committee to be appointed
by the President. Standing committees shall consist of three (3) members
of the Council and four (4) members of the public, to be appointed
by Council members not serving on the committee. Effective July 1,
2015 and continuing in July of each successive year thereafter; each
Council member shall serve on at least two (2) standing committees.
The manner of Council member appointment shall be as follows: prior
to the annual reorganization meeting a Council member desiring appointment
to a committee shall submit their name to the Clerk who shall submit
them to the incoming Council President immediately after the annual
reorganization meeting, and space permitting and there being no conflict
in which more than three (3) members desiring to serve on the same
committee, shall be appointed to the committee requested. In the event
that more than three (3) Council members desire to serve on a particular
committee; appointment shall be determined by seniority based on the
council member's commencement of service on the Council. Each committee
shall be presided over by a chair who shall be a Council member and
who shall be elected by the other members of the committee. Standing
committees shall meet regularly based on a schedule as determined
by the committee's chair. The Council President shall serve as an
ex-officio member of all standing committees. In the event, the Council
President wishes to attend a committee meeting, he/she shall notify
the committee chair so that a Council member of the committee can
elect not to attend. However, the Council President's attendance shall
not entitle him/her to standing as if a sitting member of the committee.
The committee chairs shall present regular reports to the Council
at the Regular meetings on committee activity.
Editor's Note: As to currently established standing committees, see § 4-17 of this chapter.
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[Added 10-16-2018 by Ord.
No. 46-2018]
Effective July 1, 2019, and continuing in July of each successive
year thereafter, the Council President may appoint up to two City
Council liaisons for each City department and for any external bodies
for which the City Council needs representatives. The liaisons for
each City department shall be main points of contact for issues arising
concerning the respective department and reporting same to the governing
body. Notwithstanding the foregoing, the requirements of N.J.S.A.
40:69A-37.1, Mayoral Control of Administration, and any other applicable
legal authority shall be adhered to.
Any member of the Council may introduce a resolution in writing
at any meeting, if it is on the agenda or is admitted by a two-thirds
(2/3) vote in the proper order of business. When possible, it shall
be duplicated and distributed before the meeting. The resolution shall
be read by the Clerk when introduced by title, unless reading in full
is requested by any Council member and may be adopted immediately,
provided that a resolution to adopt or amend a budget shall be subject
to the procedures specified in the Local Budget Law.
A. Preparation, distribution and evaluation. Ordinances shall be prepared
by the City Attorney upon the request of the Mayor or any Council
member and shall be reviewed and approved by him and the Corporation
Counsel as to legality and form, before introduction, if prepared
by others. Copies shall be distributed to the Mayor, the Council,
Council members-elect, the City Attorney and the City Clerk on Friday
before the meeting at which they are to be introduced. Ordinances
shall contain a written statement explaining the purpose of said legislation
in laymen's terms and shall be accompanied by a financial note detailing
the fiscal impact on the City of Orange Township, if any.
[Amended 6-8-77 by Ord. No. 22-77; 12-3-85 by Ord. No. 66-85]
B. Introduction and publication. Any member of the council may introduce
an ordinance if it is on the agenda or is admitted by a two-thirds
(2/3) vote in the proper order of business. After passage on first
reading, which may be by title, the ordinance shall be published and
publicized in accordance with general law, and copies shall be made
available before second reading for members of the public.
C. Public hearing and adoption. A public hearing shall be held on every
ordinance, as provided by general law, at least ten (10) days after
passage on first reading and at least one (1) week after publication.
At the hearing, the ordinance shall be given second reading, which
may be by title, and all residents and others affected shall be heard
concerning the ordinance, with the right to ask pertinent questions.
However, the amount of time that a member of the public shall be allowed
to speak at public hearing on further consideration of ordinances
for final adoption shall be limited to five (5) minutes total.
Thereafter, the ordinance may be adopted by a majority of the
whole Council, with such amendments as do not substantially alter
the intent or effect of the original. Substantial amendments shall
be read, optionally by title, and published and publicized in accordance
with general law, and the ordinance may be finally adopted without
further public hearing at least one (1) week after the meeting at
which it was amended.
[Amended 5-19-2015 by Ord. No. 23-2015]
D. Mayor's veto. On the next business day after adoption, the Clerk
shall deliver the ordinance to the Mayor, who shall either approve
it by signing and returning it within ten (10) days after receiving
it or disapprove it by returning it to the Council via the Clerk with
a statement setting forth his objections thereto or to any item or
part thereof. No ordinance or any item or part thereof shall take
effect without the Mayor's approval unless he fails to return it to
the Council within ten (10) days after it has been presented to him
or unless the Council, upon reconsideration thereof on or after the
third day following its return, shall override the veto by a two-thirds
(2/3) vote of all members.
E. Passage over veto. The Council shall reconsider any ordinance returned
by the Mayor with his/her veto. Such reconsideration shall be at the
next regular or special meeting held three (3) days or more after
return. If, upon reconsideration, two-thirds (2/3) of the members
of the Council [five (5) or more] vote to override the veto, the ordinance
shall take effect ten (10) days thereafter. Whenever an ordinance
has been reconsidered following veto, the Clerk shall append thereto
a certificate reciting the facts of delivery, the return and override
and the new effective date.
F. Ordinances not returned by the Mayor. Whenever an ordinance shall
take effect without the Mayor's signature by reason of his/her failure
to return it to the Council within ten (10) days after passage, the
Clerk shall append thereto a certificate reciting the fact.
G. Effective date. No ordinance other than a local budget ordinance
shall take effect less than twenty (20) days after its final passage
by the Council and approval by the Mayor when such approval is required,
unless the Council shall adopt a resolution declaring an emergency,
with at least two-thirds (2/3) [five (5)] members of the Council voting
in favor.
[Amended 3-17-2015 by Ord. No. 8-2015]
A. Appointment, term and compensation. The Council shall appoint a Clerk
qualified by education and experience in office management or business
administration to serve for three (3) years from January 1 of the
year in which appointed and to receive an annual salary as provided
in the Salary Ordinance.
B. Duties.
Pursuant to the provisions of N.J.S.A. 40A:9-133 et seq., the
Clerk shall be the Secretary of the Municipal Corporation, Secretary
to the Council as the Municipal Governing Body, Chief Administrative
Officer of all Elections held in the City, Chief Registrar of Voters
in the City, Administrative Officer with responsibilities as designated
the Council, and Records Custodian and Manager. The Clerk shall provide
such stenographic and other staff services as the members shall require,
shall select subordinate personnel, with the advice and consent of
the Council, to such positions as the Council may authorize and shall:
(1) Attend all Council meetings, including premeeting conferences.
(2) Provide for recording and transcription of Council sessions and for
preparing the minutes of all public meetings.
(3) Compile, index and preserve all ordinances, resolutions, contracts,
minutes and other documents and papers to which the city is a party
and which require retention as public records.
(4) Prepare agendas for all Council meetings and send copies of all pertinent
materials in advance of premeeting conferences to Council members
and members-elect, the Mayor or Business Administrator and other affected
city officials.
(5) Prepare and publish notices, ordinances and other matter as required
by Charter or general law in sufficient number to meet the requirements
of the public.
(6) Have custody of the City Seal and affix it to appropriate documents
without charge.
(7) Perform such other duties as the Council may assign and as are prescribed
by general law and Charter.
C. Ordinances and resolutions: compilation. Beginning with July 1976,
the Clerk shall compile and index all ordinances and resolutions adopted
during the year and shall obtain sufficient copies of each to satisfy
normal public demand. At the close of each year, the Clerk shall index
and bind the originals of all ordinances and resolutions and preserve
them as permanent public records. The Clerk may also provide for codification
of ordinances, with assistance of the City Attorney and within available
budgeted resources.
D. Fees. The Clerk shall charge and receive for use by the city such
fees for searches, transcripts and copies of official records as the
Council shall authorize by resolution.
E. Deputy City Clerk/Deputy Municipal Clerk. The City Council of the
City of Orange Township shall appoint a Deputy City Clerk and/or Deputy
Municipal Clerk (under either the name "Deputy City Clerk" or "Deputy
Municipal Clerk;" both names shall be deemed the title "Deputy Municipal
Clerk" in accordance with or as defined by or authorized under N.J.S.A.
40A:9-135). The duties of this office shall be to assist the City
Clerk in all duties and functions delegated to the Clerk by law, ordinance
or the City Council. The Deputy Clerk shall serve in the absence of
the City Clerk, with all of the duties, obligations, powers and privileges
of the Clerk. The Deputy Municipal Clerk shall also perform such other
duties as may be directed by the City Council.
[Added 1-21-1992 by Ord.
No. 2-92; amended 4-7-1992 by Ord. No. 7-92]
[Amended 1-20-1981 by Ord. No. 8-81; 5-18-1982 by Ord. No. 16-82; 4-5-2011 by Ord. No. 6-2011; 1-9-2018 by Ord. No. 80-2017]
A. The Legislative Research Officer shall be available to the Municipal
Council at all regular and special meetings. The Legislative Research
Officer may be a salaried employee or the position may be filled by
a vendor serving on a contractual basis. He/she shall draft resolutions
and ordinances for any member of the Council when and as requested.
(1) All ordinances and resolutions shall be submitted to the requesting
Council member for review and approval.
(2) Council members shall make their request for drafting an ordinance
or resolution to the Legislative Research Officer in writing.
(3) The Legislative Research Officer shall respond no later than forty-eight
(48) hours after receipt of the written request with a timeline required
to complete request.
B. The Legislative Research Officer is expected to attend all meetings
as set forth below:
(1) Municipal Council meetings.
(2) Special meetings of the Municipal Council.
(3) Municipal Council Subcommittee meetings (as requested by the Chairperson
of the respective Committee).
C. In the event of a planned absence, the Legislative Research Officer
shall contact the Council President no later than seventy-two (72)
hours prior to a scheduled meeting.
(1) Vacation. During periods when the Legislative Research Officer is
absent due to vacation, he/she shall provide coverage at his/her own
expense.
(2) Emergency/sickness. In the event of an emergency or absence related
to sickness, and coverage cannot be provided, there will be a pro-rated
deduction from the agreed compensation after the third unexcused absence.
[Added 8-19-80 by Ord. No. 28-80; ]
A. The standing committees of the City Council and the scope of their
duties are hereby established.
[Amended 3-15-2011 by Ord. No. 3-2011]
(1) Standing Committee on Budget and Finance.
(a)
Duties of the Budget and Finance Committee. In addition to other
duties that may be imposed from time to time, the Budget and Finance
Committee shall be charged with advising the Municipal Council concerning
the financial affairs of the City. The Budget and Finance Committee
shall review the proposed annual budget submitted by the Mayor and
consult with the city's appointed auditor and recommend the appropriate
action to the Council. The Committee shall also recommend financial
and other policies, assess the financial impact of all policies and
activities on the city, monitor the city's finances and undertake
other appropriate projects as requested.
(2) Standing Committee on Governmental Operations.
(a)
Duties of the Governmental Operations Committee. In addition
to other duties that may be imposed from time to time, the Governmental
Operations Committee shall be charged with advising the Municipal
Council concerning the periodic review of each department within the
city. The Governmental Operations Committee shall study any proposed
changes in the structure of city government or any of its departments.
The Committee shall provide input and recommendations, if any, regarding
legislation which creates, modifies, or terminates boards, commissions,
departments or officers of the city. The work of this Committee may
coincide with other committees that may be affected by the legislation.
(3) Standing Committee on Human Relations and Personnel.
(a)
Duties of the Human Relations and Personnel Committee. In addition
to other duties that may be imposed from time to time, the Human Relations
and Personnel Committee shall be charged with advising the Municipal
Council concerning matters involving discrimination in the protected
categories except in cases involving litigation or potential litigation.
The Committee shall recommend measures that may be adopted by way
of resolution or ordinance to minimize conflict and foster communication
and cooperation of all groups in the community. With respect to personnel
matters, the Human Relations and Personnel Committee shall:
[1]
Advise the Council on matters concerning personnel administration;
[2]
With the support of a majority of the Council members, make
any investigation which it deems advisable concerning the administration
of personnel in the city and report its findings and recommendations
to the council;
[3]
Recommend to the Council policy rules and procedures pertaining
to personnel administration;
[4]
Recommend to the Council wages, salaries and fringe benefits
for all city employees;
[5]
Review the candidacies and pertinent documents for mayoral appointments
when said appointments require the advice and consent of the Council;
[6]
Review the candidacies and pertinent documents for appointments
and employment by the City Council.
(4) Standing Committee on Policy and Planning.
(a)
Duties of the Police and Planning Committee. In addition to
other duties that may be imposed from time to time, the Police and
Planning Committee shall be charged with advising the Municipal Council
concerning matters involving the establishment of a vision for the
city and develop guidelines and policies to accomplish the goals.
Undertake periodic review of the city's Master Plan and make recommendations
for updates to same. Review all development plans and proposals and
tax abatement proposals and agreements and report to the full Council
regarding same.
B. Membership on said standing committees shall be as provided in §
4-12 of this Article.
[Added 3-7-06 by Ord. No. 4-2006]
A. The City Council of the City of Orange Township has a continuing
professional need for auditing, financial analysis and budget advisory
services.
A Confidential Aide to the Municipal Council will be charged
with the duty to provide the aforementioned services directly to the
Municipal Council.
B. There shall exist the position of Confidential Aide (part-time) to the Municipal Council. The Confidential Aide's responsibility shall be those as outlined in Subsection
A of this section. He or she shall be an employee of the municipality and he or she shall be hired pursuant to the recommendation of the Municipal Council. The Confidential Aide shall henceforth replace the position of Budget Consultant to the Municipal Council.
[Added 1-15-2013 by Ord.
No. 40-2012; amended 10-4-2016 by Ord. No. 51-2016; 8-7-2019 by Ord. No. 30-2019]
A. There are hereby established within the City of Orange Township 50
allotments for constables, although the complete allotment need not
be filled totally at any one time.
(1) Within the City of Orange Township is the position of deputy constable.
The highest-ranking constable through vote of the City of Orange Township's
Council shall deputize applicants to fill positions for deputy constable.
B. Qualifications. To be eligible, the prospective applicant:
(2) Must be at least 21 years of age to become a constable. Applicants
shall not be past the age of 45 on the deadline of applications. Applicants
past 45 years in age must have prior law enforcement work history
with an actual commissioned federal, state, county, local or tribal
law enforcement agency.
(3) Applicants must pass a complete Orange Police Department background
check, fingerprinting process, home visit/residential check, urine
test, application, oral interview, physical and psychological interview.
(4) Must be of sound moral character.
(5) Constables appointed to the township prior to the amendment of this
section dated 8-7-2019 must reapply the same as new applicants.
(6) Applicants must be a registered voter of Essex County and an Essex
County resident for at least three years to become a constable.
(7) Applicants must be a registered voter and a New Jersey State resident
for at least three years to become a deputy constable.
(8) Applicants must have a high school diploma or GED.
(9) Applicants for constable must pass a P.Q.T. (physical qualification
test). The P.Q.T. will consist of:
(a)
30 pushups in 60 seconds;
(b)
35 sit-ups in 60 seconds; and
(c)
1.5 mile run in 15 minutes and 5 seconds.
(10)
Applicants must possess a valid New Jersey driver's license.
C. Applications. To apply for appointment:
(1) An application from the office of the City Clerk must be requested
in writing by the City Council;
(2) The applicant must pick up the application from the office of the
City Clerk, complete it and return the application to the office of
the City Clerk within five business days.
(3) The City Clerk shall then forward the application(s) to the Orange
Police Department for fingerprinting of the applicant and full investigation.
The cost of the fingerprinting and investigation shall be the responsibility
of the applicant and shall not exceed the cost of $50.
(4) Upon concluding its investigation, the Orange Police Department shall
send a copy of the application and a report of its findings back to
the office of the City Clerk with either a favorable or unfavorable
recommendation.
(a)
If an unfavorable recommendation is returned from the Police
Department, the City Clerk shall notify the applicant, in writing,
that his/her application has been denied.
(b)
If a favorable recommendation is returned from the Police Department,
the City Clerk shall add the applicant's name to the list of applicants
that will move on to the next phase in the hiring process.
(5) Applicants that have successfully completed a full Orange Police
Department background investigation will be notified by the City Clerk
when they will start their law enforcement academy training.
(6) Applicants must successfully complete their law enforcement training
at a certified training facility. The course must include NJ Title
2C, Title 39, Title 4, Title 9, Levels I, II and III firearms training
(pistol, rifle and shotgun), CPR, AED, blood trauma, report writing,
defensive (lethal/nonlethal) training and EVOC. These courses and
certifications must be conducted by valid, licensed NJ PTC instructors.
Applicants must be certified and qualified by valid, licensed NJ PTC
instructors.
(7) Upon successful completion of the law enforcement academy training,
the list of successful applicant(s) will be provided to the City Clerk's
office by the Orange Police Department to prepare the resolutions
for each applicant for the City Council's vote.
(8) The appointing resolution shall then be forwarded to the Law Department
for review and approval as to form and legality.
D. Approval; bond requirements.
(1) Upon approval of the appointing resolution by the City Council, the
City Clerk will, within five days, forward a certified copy of said
resolution to the appointee and require the applicant submit a bond
in the name of the City of Orange Township, in the amount of $5,000,
to the office of the City Clerk within three days.
(2) Upon the applicant submitting a bond to the office of the City Clerk,
the City Clerk shall prepare a bond resolution and shall forward the
resolution to the Law Department for review and approval as to form
and legality.
(3) Upon approval from the Law Department, the bond resolution shall
be returned to the office of the City Clerk for submission to the
City Council for approval.
E. Appointment; term; annual charge.
(1) Upon satisfying the requirements as outlined in Subsections
C and
D above, the applicant(s) shall present him/herself before the City Clerk to take the oath of constable.
(2) Upon taking the oath of constable before the City Clerk, the applicant(s)
must report to the City of Orange Township's Police Department to
have a Department photo identification card generated, receive building
(headquarters) access and receive their Department-issued firearm
(pistol).
(3) The term of office for an appointed constable as established by appointing
resolution shall be for a term of three years.
(4) The annual fee for the term of office shall not exceed the amount
of $50 a year, for a total of $150 per term.
F. Vacancy.
(1) Vacancies in the office of constable other than by expiration of
term, resulting by death, resignation, disciplinary (termination)
or otherwise, may be filled for the unexpired term by the City Council.
G. Reports.
(1) Every constable must file his/her reports for every case, incident
and violation by the end of the day's shift.
(2) If requested by the City Clerk, report file numbers for the month,
uploaded to the system in the City of Orange Township's Police Department,
must be submitted to the City Clerk no later than the first Wednesday
of the following month.
(3) Each report file number for the month submitted to the City Clerk
shall list the type of violation(s) and/or crime committed, names,
date and addresses of all persons involved and contacted by the constable
in his/her official capacity.
(4) Failure by a constable to file reports will result in the Orange
Police Department's disciplinary action against the constable. In
addition, the City Clerk may also file a report to the City Council
deeming the office of the constable vacant, and the constable shall
be suspended and removed of his/her Department photo identification
card, headquarters access and firearm (pistol) until a hearing by
the Police Department and City Council has been concluded.
(5) Any constable who falsifies such a report shall be guilty of a disorderly
persons' offense as outlined in Title 2C of the New Jersey Statutes
(N.J.S.A. 2C:28-4, False reports to law enforcement authorities).
H. Uniforms.
(1) Constables will wear the same uniform as Orange police officers.
The Orange Police Department patch will be displayed on the constable's
uniform shirts, jackets and hats.
(2) All constables must wear a rocker with the title "CONSTABLE" over
the Orange Police Department patch identifying themselves as constables
to other law enforcement officers and the public. A "CONSTABLE" rocker
will not be worn on hats.
I. Rankings.
(1) Constables will have ranking. The rankings will be: Constable, Corporal,
Sergeant, Lieutenant, Captain and Chief.
(2) Deputy constables will have ranking. The rankings will be: Constable,
Corporal, Sergeant, Lieutenant and Captain.
J. Pay rates. All constables' starting pay shall start at $30 an hour.
The City Council and the Business Administrator will determine the
constable's pay rate. The appointment of the constable does not and
is not intended to establish an employment arrangement between the
constable and the City of Orange Township, and any benefits associated
with employment of the City of Orange Township are not provided to
a constable unless specifically articulated in this section or another
provision of the Code.
K. Duties - quality-of-life policing.
(1) Township Municipal Court: provide security to the Judge and Municipal
Court.
(2) Council meeting security: provide security to the Municipal Council
and the Council chambers.
(3) Warrant squad: to serve all warrants for the Municipal Courts and
Orange Police Department.
(4) Abandoned property search and illegal content seizure: search properties
for any illegal content, trespassing, events, activities, living/deceased
victims.
(5) Code enforcement - property code violations: to enforce code violations,
write summonses, take photos, and appear in court when/if necessary.
(6) School patrol: provide a law enforcement presence and security in
and around the schools.
(7) Traffic patrol/assist: control and enforce traffic laws, back up,
and assist police officers.
(8) Officer assist/backup: to go anywhere to assist any police officer
or constable in performance of their duties.
(9) Foot patrol: will walk throughout the City of Orange Township to
enforce all laws and quality-of-life policing.
(10)
Prisoner transport: will transport suspects to headquarters,
state and county jails to keep officers safe and on patrol.
(11)
Park patrol: to enforce all laws and ensure quality of life
in and around the parks of the City of Orange Township.
(12)
Substations: constables will staff substations, take victim(s)
reports and patrol by foot and vehicle in a five-block radius.
(13)
County (Essex) humane law enforcement unit: enforce Title 4
animal cruelty laws throughout the County of Essex.
(14)
S.A.T.I. (Second Alternative to Incarceration) Program (community
work service): constables will supervise individuals sentenced to
community service and keep track of days and hours for the courts.
L. Prohibited activities.
(1) Constables are expressly prohibited from acting as private security
officers. At no time shall any constable hire himself/herself out
anywhere performing any security duties that were not assigned by
the Orange Police Department.
(2) Constables performing any armed or unarmed security duties outside
of their constable duties for the Orange Police Department must be
employed with a licensed and bonded New Jersey security company. The
constable must be covered under that company's name, insurance, and
bond.
(3) At no time is that constable (while working for any security company)
allowed to wear any clothing, badges, patches, apparel and/or insignias
of the City of Orange Township and the Orange Police Department. While
working for a private security company, at no time is that constable
to produce, demonstrate or convey (written and/or verbally) any affiliation
with the City of Orange and/or the Orange Police Department.
(4) At no time shall a constable performing security duties while working
for a private security company wear, display and/or use any firearms
that were issued to and owned by the City of Orange Township and the
Orange Police Department. Failure to obey this provision of this section
will be in direct violation of law for the City of Orange Township
and the Orange Police Department. The constable will be subject to
a full investigation by the Orange Police Department's Internal Affairs
Division and will also be in direct violation of the NJ SORA Act as
defined under NJ Title 45, Title 2C, as well as any and all codes
of conduct of the Orange Police Department and the City of Orange
Township.
(5) At no time shall any constable install or use warning (police) lights
and sirens on their P.O.V. (privately owned vehicle) without the written
consent and authorization of the Orange Police Department.
(6) Constables are prohibited from engaging the public and enforcing
laws as a constable while off duty and not acting in their constable
capacity.
(7) Constables are prohibited from stopping motorists while off duty
for any reason other than extreme emergencies.
M. Chain of command. Constables that provide law enforcement services
to the City of Orange Township Police Department shall receive service
assignments from the Director of Police or his designee.
N. Violations.
(1) Constables are to abide by all laws, rules, regulations and codes
of conduct the same as Orange police officers of the Orange Police
Department and the City of Orange Township.
(2) Constables are subjected to the same disciplinary procedures through
the Orange Police Department's Internal Investigation Division as
Orange police officers.
(3) During investigations, upon the severity of the investigation and
request of the Orange Police Department's Internal Affairs Division,
the City Clerk will be notified, and the constable will be suspended
without pay and relieved of their badge, all keys to Department vehicles,
photo identification card, building (headquarters) access and firearm
(pistol). All reports must be completed, signed and logged in before
the end of the constable's shift and the start of their suspension.
(4) Upon the outcome of the investigation, if the constable is found
not to be in violation of any laws, the City Clerk will be notified,
and their badge, all keys to Department vehicles, identification card,
building (headquarters) access and firearm (pistol) will be returned
to the constable. The constable's pay will be restored and suspension
lifted.
(5) If the constable is found to be guilty of violating any crime, the
City Clerk will be notified, and the office of the City Clerk will
take the proper steps to terminate the constable and submit all paperwork
to the City Council.
O. Nothing in this chapter shall be deemed to preclude any additional
duties and responsibilities as prescribed by the laws of the New Jersey
Statutes.
P. Should any section, paragraph, sentence or clause of this section
be declared unconstitutional or invalid for any reason, the remaining
portions of this section shall not be affected thereby and shall remain
in full force and effect; and to this end, the provisions of this
section are hereby declared severable.
Q. This section shall become effective immediately upon passage and
publication, according to the law.
[Added 9-4-2018 by Ord.
No. 33-2018]
Funds allocated to the City Council in the annual City Budget
for community programs shall be equally divided among the membership
of the City Council. If a Council member does not utilize all of the
funds allocated to him/her during the budget year, the City Council
may pass a resolution reallocating said funds to another Council member
during the same budget year.
[Added 10-6-2020 by Ord.
No. 36-2020]
A. The City of Orange Township shall cause all of the regular meetings
and special meetings of the City of Orange Township Council to be
transcribed in real-time to provide real-time closed captioning.
B. The City of Orange Township shall cause at least one video screen
in its Council Chambers to display a live recording of the regular
and special meetings of the City of Orange Township Council while
those meetings are transpiring, which shall include real-time closed
captioning.
C. All meeting transcripts compiled pursuant to Subsection
A shall be filed with the Municipal Clerk and shall become part of the official record of the meeting.
D. All transcripts compiled pursuant to Subsection
A shall be posted to the City Council's website.
E. All video records of regular meetings and special meetings that include
the real-time closed captioning shall be filed with the Municipal
Clerk and shall become part of the official record of said meetings,
such that if a member of the public requests a video record of a Council
meeting from the Municipal Clerk it shall include the closed captioning.
Any fees related to a request for a copy of the meeting transcript
shall be waived.
F. All video recordings of regular and special meetings of the City
of Orange Township Council that are posted on the City Council's website
shall include real-time closed captioning.
G. All televised airings of regular and special meetings of the City
of Orange Township Council on a television channel owned or operated
by the City of Orange Township, including live airings as well as
airings of pre-recorded meetings, shall include real-time closed captioning.
H. The class of meetings for which the requirements of Subsections
A through
G shall apply shall be those meetings that occur on or after January 1, 2021.
I. Definitions. As used in this section, the following terms shall have
the meanings indicated:
AMERICAN DISABILITIES ACT
The Americans with Disabilities Act (ADA) prohibits discrimination
against people with disabilities in several areas, including employment,
transportation, public accommodations, communications, and access
to state and local government' programs and services.
CLOSED CAPTIONING
Closed captioning displays the audio portion of a television
program as text on the TV screen, providing a critical link to news,
entertainment, and information for individuals who are deaf or hard-of-hearing.
DEAF
Partially or wholly lacking or deprived of the sense of hearing.
FEDERAL COMMUNICATIONS COMMISSION (FCC)
An independent Federal regulatory agency responsible directly
to Congress. Established by the Communications Act of 1934, it is
charged with regulating interstate and international communications
by radio, television, wire, satellite, and cable.
REAL-TIME CLOSED CAPTIONING
Real-time captioning is a verbatim text of what is being
said displayed on a computer screen, TV monitor, or large screen.