[Ord. #874; 1976 Code § 3-1]
This Chapter shall be known and may be cited as the Township
Administrative Code.
[Ord. #874; 1976 Code § 3-2]
For the purpose of this chapter and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
Shall mean the Business Administrator duly appointed pursuant
to the charter and these Revised Ordinances or other ordinances of
the Township, or any assistant or acting administrator serving in
place of the Business Administrator pursuant to the charter or ordinance.
Shall mean the provisions of the Optional Charter Law, L.
1950, c. 210, as amended and supplemented (R.S. 40:69A-1 et seq.)
applicable to the form of government provided therein known as "Mayor-Council
Plan" and any and all statutory provisions of the State of New Jersey
as may be lawfully applicable to the Township.
Shall mean the Township Clerk duly appointed pursuant to
law.
Shall mean the local legislative body of the Township, constituted
and elected pursuant to the Charter.
Shall mean an organization unit of the Township government
established or designated by or pursuant to the Administrative Code
as a department, and any agency or instrumentality of the Township
government not allocated or assigned within such an organization unit.
Shall mean the administrative head of a department.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean the Township of Mahwah.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Administrative Code, so long as it shall
have been adopted by the procedure required for the adoption of an
ordinance and so long as it shall remain in force and effect pursuant
to law.
Shall mean any individual, natural persons, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations or unincorporated groups; or any officer, agents, employees,
servants, factors or any kind of personal representatives of any thereof
in any capacity, acting either for himself or for any other person,
under either personal appointment or pursuant to law.
Shall mean an action expressing the sense or will of the
Council on a matter of special or temporary interest, which shall
be written and may be adopted at the meeting at which it is introduced
without publication or public hearing.
Shall mean a calendar year unless otherwise specifically
provided.
[Ord. #874; 1976 Code § 3-3]
For the purpose of this Code and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses, and the
future includes the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural, and the plural includes
the singular.
Shall is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed
by excluding the first and including the last day, and if the last
day be a Sunday, a legal holiday, or a day on which the offices of
the Township are closed, that day shall be excluded.
Whenever a specific time is used in this revision, it shall
mean the prevailing and established time in effect in the State of
New Jersey during any day in any year.
Writing and written shall include printing, typewriting, and
any other mode of communication using paper or similar material which
is in general use, as well as legible handwriting.
[Ord. #874; 1976 Code § 3-4]
a.
It is the intent of Council in enacting this Code to exercise fully
the powers delegated by the Charter to organize and regulate its internal
affairs, and the provisions of the Code should be construed liberally
to that end.
b.
The Code shall be interpreted and administered so as to maintain
the separation of legislative and administrative powers as provided
in the Charter.
[Ord. #874; 1976 Code § 3-6]
The Council shall be the legislative body of the Township and
shall exercise all legislative powers not inconsistent with the general
laws of the State of New Jersey.
[Ord. #874; 1976 Code § 3-7; Ord.
No. 1678 § 1]
a.
Council President. The President of the Council shall be chosen by
the Council at an organization meeting at 12:00 noon on January 1,
or by resolution, at some other hour on any day during the first week
in January. The President of the Council shall:
1.
Appoint any special committees of the Council as may be required;
2.
Preside at all meetings of the Council and of the committee of the
whole;
3.
State the question and announce the result on all matters upon which
the Council may vote;
4.
Rule in all questions of order, subject to appeal to the Council;
5.
Sign all ordinances and resolutions adopted in his presence and,
in his absence, the President pro tempore shall sign ordinances and
resolutions adopted in his presence;
6.
Have such other functions, powers and duties as the Council may from
time to time prescribe.
b.
Council Vice President. At an organization meeting at 12:00 noon
on January 1, or by resolution, at some other hour on any day during
the first week in January, the Council shall elect a Vice President
of Council, who shall have all the functions, powers and duties of
the President of the Council whenever the President may be absent.
In the absence of both the President and Vice President of the Council,
the Council shall elect a temporary presiding officer, who shall have
all the functions, powers and duties of the President during his absence.
c.
Clerk. The Township Clerk shall serve as Clerk of the Council in
accordance with the Administrative Code. In the absence of the Clerk,
the President shall appoint a Clerk pro tempore.
[Ord. #874; 1976 Code § 3-8]
All meetings, Council meetings, including pre-meeting 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.
[Ord. #874; 1976 Code § 3-9: New]
The Council shall schedule at least two regular meetings during
each month of the year. The schedule of meetings shall be fixed by
resolution of the Township Council. The Council may, by resolution,
dispense with one or more meetings.
[Ord. #874; 1976 Code § 3-10]
a.
Call for Meeting. The Mayor or the President of Council may at any
time, and upon written request of a majority of the Council, call
a special meeting of the Council. The President can call special meetings
for the purpose of investigating or discussing any legislation which
cannot be properly concluded, discussed or investigated in the course
of the regular scheduled meetings. The request and call for a special
meeting shall specify the purpose of the meeting and no business shall
be transacted at the special meeting other than that specified. The
call for a special meeting shall be filed with the Township Clerk
and served upon each Councilman as hereinafter provided at least 24
hours prior to the time for which the meeting is called; provided
that the Mayor may determine that an emergency exists affecting the
health or safety of the people which requires consideration by the
Council within a shorter time. Upon such determination, which the
Mayor shall set forth in the call, the call may be filed with the
Township Clerk at any time not less than three hours prior to the
time set for the meeting.
b.
Notice of Meeting. Upon the filing of any call for a special meeting
the Township Clerk shall forthwith give notice thereof by telephone
or telegraph to each Councilman, at the place he shall have previously
designated for that purpose, and shall also serve or cause to be served
a written copy of the call upon each Councilman by delivery of a copy
to him personally or by the leaving of a copy at his usual place of
abode.
[Ord. #874; 1976 Code § 3-11; Ord. #1072, § I]
The Council, in its discretion, may fix the time and place for work sessions or agenda meetings by resolution at any time. In fixing the various times and places for work sessions-agenda meetings, the Council shall fix the time when all reports, communications, memoranda, resolutions, ordinances or other material to be submitted to the Council will be delivered to the Clerk. All work sessions-agenda meetings shall be done in accordance with Subsection 2-2.3 of these ordinances.
[Ord. #874; 1976 Code § 3-12]
As soon as the meeting is called to order, the Clerk shall alphabetically
call the roll of the members, and the names of those present shall
be entered in the minutes.
[Ord. #874; 1976 Code § 3-13]
A majority of all members elected to the Council shall constitute
a quorum at any regular or special meeting of the Council, but a lesser
number should adjourn any meeting from time to time.
[Ord. #874; 1976 Code § 3-14; New; Ord. #1498,
§ 1]
The Council shall fix, by resolution adopted at its annual meeting,
its order of business for public meetings of the Township Council.
The order of business of a regular public meeting may be amended at
any time by the affirmative vote of 2/3 of the full membership of
the Township Council.
[Ord. #874; 1976 Code § 3-15]
Unless a reading of the minutes of the previous meeting is requested
by a member of the Council, such minutes may be approved without a
reading if the Clerk has previously furnished each member with a copy
thereof.
[Ord. #874; 1976 Code § 3-16]
a.
Presiding Officer May Debate and Vote. The President or such other
member of the Council as may be presiding may move, second and debate
from the chair, subject only to such limitations of debate as are
by these rules imposed on all members, and shall not be deprived of
any of the rights and privileges of a Councilman by reason of his
acting as the presiding officer.
b.
Obtaining the Floor; Improper References to be Avoided. Every member
desiring to speak shall address the chair and upon recognition by
the presiding officer, shall confine himself to the question under
debate, avoiding all personalities and indecorous language.
c.
Interruptions. A member, once recognized, shall not be interrupted
when speaking unless it be to call him to order or as herein otherwise
provided. If a member, while speaking, is called to order, he shall
cease speaking until the question of order is determined, and if in
order, he shall be permitted to proceed.
d.
Privilege of Closing Debate. The Councilman moving the adoption of
an ordinance or resolution shall have the privilege of closing the
debate.
e.
Motion to Reconsider. A motion to reconsider any action taken by
the Council may be made only on the day such action was taken. It
may be made either immediately during the same session or at a recessed
or continued session and may be seconded by any member. It may be
made at any time and have precedence over all other motions and it
shall be debatable. Nothing herein shall be construed to prevent any
member of the Council from making or remaking the same or any other
motion at a subsequent meeting of the Council.
f.
Synopsis of Debates: When Entered in Minutes. The Clerk shall enter
in the minutes a synopsis of the discussion of any question coming
before the Council.
g.
Remarks of Councilman: When Entered in Minutes. A Councilman may
request, through the presiding officer, the privilege of having an
abstract of his statement on any subject under consideration by the
Council entered in the minutes.
h.
Motion to Adjourn. A motion to adjourn shall always be in order and
shall be decided without debate.
i.
Additional Rules. Any matter not covered by these rules shall be
governed by Robert's Rules of Order (Revised).
[Ord. #874; 1976 Code § 3-17]
Whenever a roll call vote is necessary, the Council shall vote
alphabetically, with the presiding officer voting last.
[Ord. #874; 1976 Code § 3-18]
Silence from voting shall be construed as an affirmative vote,
unless he states that he abstains. This rule shall not apply where
the general law makes provisions for a specific number of votes to
be cast.
[Ord. #874; 1976 Code § 3-19; amended 5-9-2019 by Ord. No. 1860]
The powers of the Council shall be exercised by the committee
as a whole. The rules of the Council shall govern the meetings of
the whole so far as applicable. Ad hoc committees may be appointed
by the President pursuant to resolution or motion. No ad hoc committee
shall proceed to the consideration of any matter referred to it unless
a majority of the members of the committee shall be present. No ad
hoc committee shall report on a matter referred to it at the same
meeting at which the reference is made, except by unanimous consent
of the members of the committee.
[1]
Editor's Note: Former Subsection 2-2.15, Addressing the Council,
previously codified herein and containing portions of 1976 Code § 3-20
and Ordinance No. 874, was repealed in its entirety by Ordinance No.
1498.
[Ord. #874; 1976 Code § 3-21]
a.
Conduct of Councilmen. Each member of the Council shall cooperate
with the chair in preserving order and decorum. No member shall, by
conversation or otherwise, delay or interrupt the proceedings of the
Council, nor disturb any member while speaking, nor fail to abide
by the orders of the Council or its President except as specifically
permitted by these rules.
b.
Conduct of Public. Any person who shall disturb the peace of the
Council, make offensive or abusive remarks, or conduct himself in
a boisterous manner while addressing the Council, shall be forthwith
barred by the presiding officer from further audience before the Council,
except that if the speaker shall submit to proper order under these
rules, permission for him to continue may be granted by a majority
vote of the Council.
c.
Sergeant-at-Arms. If so requested by a majority of the Council, the
Police Department shall designate a member of the department to serve
as sergeant-at-arms at Council meetings. He shall carry out all orders
and instructions given by the presiding officer for the purpose of
maintaining order and decorum at such meetings.
[Ord. #874; 1976 Code § 3-22]
Any member of Council may introduce a resolution in writing
at any meeting, if it is on the agenda or is admitted by 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.
[Ord. #874; 1976 Code § 3-23; New; Ord. #1340,
§ I; Ord. #1498, § 3]
Ordinances may be prepared by the Township Attorney at the request
of Mayor or any two Council members or, if the ordinance is prepared
by others, it shall be reviewed and approved by the Township Attorney
as to the legality and form after introduction. The Mayor may comment
to the Council in writing, before a second reading, on the implications
for administration and cost of any proposed ordinance.
[Ord. #874; 1976 Code § 3-24; New]
Nominations submitted by the Mayor shall be considered in committee
of the whole at any agenda conference and may be reported to the Council
at a regular meeting. Any member of the Council may move a nomination.
With respect to appointments to be made by the Council, any
member of the Council may nominate as many candidates as there are
offices to be filled. Nominations shall be submitted in writing to
the Township Clerk and shall be considered at an agenda conference.
The nominations shall be reported to the next regular meeting of the
Council. Where there is a single office to be filled, the consensus
of the Council on the appointment shall be taken as to each nominee
and the nominee receiving a majority shall be deemed appointed. Where
there is more than one office to be filled, such as on a board, commission
or authority, the same procedure shall be followed with respect to
each office separately until the total number of appointments to be
made has been completed. In the discretion of the chair, a group of
nominations may be considered at once where there is no apparent division
in the Council as to the nominees included in the group.
[Ord. #874; 1976 Code § 3-25]
a.
Pursuant to the Charter (R.S. 40:69A-37), the Council may for cause
remove any Township officer other than the Mayor or a member of Council.
b.
Council shall consider a motion to remove for cause only after removal
has been duly proposed and considered at a meeting of the committee
of the whole.
c.
A motion for removal shall set forth the alleged cause for removal
making specific charges and provide for notice and an opportunity
to the affected officer to be heard.
d.
The Township Clerk shall forthwith cause a copy of the motion for
removal together with a statement of the causes and charges involved
and notice of the time and place fixed for hearing, to be served personally
or by registered or certified mail upon the officer affected.
e.
The hearing shall be held not less than 10 days nor more than 15
days after date of such service, and may be adjourned from time to
time. Such hearing shall be open to the public, and the officer charged
shall be entitled to be represented by his own counsel.
f.
Following the conclusion of the hearing, the Chairman shall call
for a vote on the motion which shall be determined by a majority vote
of the Council.
[Ord. #874; 1976 Code § 3-26]
Pursuant to the Charter (R.S. 40:69A-37), the Council may in
its discretion, require any Township officer to prepare and submit
sworn statements regarding his official duties and the performance
thereof; and the Council may otherwise investigate the conduct of
any department, office or agency of the Township government.
[Ord. #874; 1976 Code § 3-27]
The Council shall cause to be made an annual audit of the Township's
accounts and financial transactions as required by law. Such annual
audit shall be made by a registered municipal accountant of New Jersey,
selected by the Council.
[Ord. #874; 1976 Code § 3-28; New]
The Township Attorney shall advise and represent the Council.
[Ord. #874; 1976 Code § 3-29]
The Council shall appoint a Township Clerk for the term of three
years. Prior to his appointment, the Clerk shall have been qualified
by training and experience to perform the duties of his office.
[Ord. #874; 1976 Code § 3-30]
The Township Clerk shall:
a.
Serve as Clerk of the Council and keep records of the proceedings
of the Council and its committees.
b.
Preserve and compile all ordinances and resolutions, and at the close
of each year, with the advice and assistance of the Township Attorney,
the Clerk shall compile, codify and bind all the ordinances and resolutions
then in effect and shall properly index such compilation or codification
and provide for its publication.
c.
Have and take custody of all official books, papers and documents
of the Township for which no other repository is provided by charter
or ordinance and preserve and keep them safely;
d.
Provide secretarial and clerical services for the Councilmen in the
discharge of their official duties;
e.
Perform all of the functions required of Municipal Clerks by the
General Election Law (Title 19 of the Revised Statutes) and any other
law or ordinance and receive for Township use the fees prescribed
therefor.
f.
Perform such functions as are vested in the Township Clerk by State
law and ordinances relating to bingo and raffles licensing, dog license,
liquor license, food handling, wrecker, taxi vending, amusements,
games and soliciting licenses.
g.
Have such other, different and additional functions, powers and duties
as may be prescribed by law, the Administrative Code or other ordinances
of the Township.
[Ord. #874; 1976 Code § 3-31]
The Township Clerk shall cause the Township seal to be affixed
to instruments and writings when specifically authorized by law or
when necessary to exemplify and document or record in his office,
or to certify any act or paper, which, from the records in his office,
shall appear to be a true copy of any public record or proceeding.
He shall not affix the seal or cause or permit it to be affixed to
any instrument or writing or other paper except as provided in this
section, unless required by the Charter or ordinances of the Township.
[Ord. #874; 1976 Code § 3-32]
The Township Clerk shall publish ordinances of the Township
as required by law in such official newspaper or newspapers as may
be authorized by the Council, and shall file in his office the requisite
proofs of such publication.
[Ord. #874; 1976 Code § 3-33]
The Township Clerk shall issue and deliver with the assistance
of the Police Department, if necessary, all notices of meetings required
to be given to the Council and shall promptly inform the members of
the Council of action taken by the Mayor with respect to any ordinances.
[Ord. #874; 1976 Code § 3-34]
The Township Clerk, under the supervision of the Business Administrator,
shall administer regulatory licenses pursuant to the ordinances and
general law, with the assistance of the various departments in the
inspection and enforcement procedures required for such administration.
[Ord. #874; 1976 Code § 3-35]
The Township Clerk shall receive and transmit all communications
to or on behalf of the Council no later than two working days after
receipt.
[Ord. #874; 1976 Code § 3-36]
The Clerk shall be the depository and custodian of all official
surety bonds furnished by or on account of any Township office, officer
or employee, except his own bond, which shall be placed in the custody
of the Township Treasurer, and of all formal contracts for work, labor,
services, supplies, equipment and materials to which the Township
may be a party. The Clerk shall have custody of all leases of property
owned by the Township. A Clerk shall be the depository for and have
custody of all performance bonds running to the Township as obligee
and other form of noncash security given by any contractor, subdivision
developer or other persons on account of work done or to be done in
or for the Township.
[Ord. #874; 1976 Code § 3-37]
The Township Clerk is hereby designated as the official who
shall make and issue certificates as to the approval of subdivision
of land, pursuant to law. Prior to the issuance of any such certificate,
the Clerk shall ascertain from the records of the planning board,
the Township Engineer, and otherwise, as well as from the records
in the office of the Clerk, the status of the subdivision in question.
[Ord. #874; 1976 Code § 3-38]
The Township Clerk shall charge and receive for the use of the
Township such fees for searches, transcripts and certifications as
shall be authorized by resolution of the Council.
[Ord. #874; 1976 Code § 3-39]
a.
All mail shall be delivered to the Clerk. Correspondence and other
communications received shall be delivered to the Clerk, where it
shall be sorted and delivered immediately to the proper department
without opening where the address is to a specific department or person.
b.
General municipal mail shall be opened by the Business Administrator.
Council mail shall be opened by the Clerk, and the Clerk shall either
reply to the correspondence and provide information requested or shall
refer the matter to the appropriate individual, department, board
or body.
[Ord. #874; 1976 Code § 3-40; Ord.
No. 2017-1817]
a.
There shall be a Deputy Township Clerk, appointed by a majority of
the Council, who shall have, exercise and perform the duties of the
Clerk in his/her absence.
b.
The Deputy Township Clerk shall obtain a license for such position
either (i) within one year of completing the requisite courses; or
(ii) within 2 1/2 years of assuming the position of Deputy Township
Clerk, whichever comes first. The Township Council may for good cause
shown extend the time period for obtaining the license.
[Ord. #874; 1976 Code § 3-41; New]
The Mayor shall be the Chief Executive Administrative Officer
of the Township. He shall:
a.
Enforce the Charter and ordinances of the Township.
b.
Supervise all of the departments of the Township government.
c.
Require each department to make annual and such other reports of
its work as he may deem desirable.
d.
Appoint all officers and employees for whose election or appointment
no other provision is made by Charter or ordinance.
e.
From time to time make such recommendations for action by the Council
as he may deem in the public interest.
f.
Report annually, no later than April 30, to the Council and the public
on the work of the previous calendar year and the conditions and requirements
of the municipal government for the current year.
g.
Have such other functions, powers and duties as are provided by the
Charter, the Administrative Code or other ordinances of the Township.
Further the Mayor may:
[Ord. #874; 1976 Code § 3-42]
When any such unforeseen circumstances arise so as to adversely
affect the immediate public health, safety and well being of the citizens
of the Township and when the fortuitous events cannot be dealt with
otherwise in a timely fashion, the Mayor shall have the power to enact
and enforce necessary and proper regulations consistent with the laws
of the United States and State of New Jersey to protect the health,
safety and well being of the citizens of Mahwah for the duration of
the emergency. Any such regulations enacted under this section shall
be subject to review, repeal or amendment at any meeting of the Township
Council, subsequent to the declaration of the emergency.
[Ord. #874; 1976 Code § 3-43]
a.
As provided by the Charter (N.J.R.S. 40:69A-42), the Mayor shall
designate the Business Administrator, any other department head, or
the Township Clerk to act as Mayor whenever the Mayor shall be prevented
by absence from the Township, disability or other cause from attending
to the duties of his office. During such time, the person designated
by the Mayor shall possess all the rights, powers and duties of the
Mayor.
b.
Whenever the Mayor shall have been unable to attend to the duties
of his office for a period of 60 consecutive days, for any of the
above stated reasons, an Acting Mayor shall be appointed by the Council,
who shall succeed to all the rights, powers and duties of the Mayor
or the then Acting Mayor.
[Ord. #874; 1976 Code § 3-44]
a.
The Mayor shall appoint the director of each department with the
advice and consent of the Council. Each department head shall serve
during the term of office of the Mayor appointing him and until the
appointment and qualification of his successor.
b.
The Mayor may, in his discretion, remove any department head, after
notice and an opportunity to be heard. Prior to removing a department
head, 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 the notice unless the Council shall prior thereto
have adopted a resolution by a 2/3 vote of the whole number of the
Council disapproving the removal.
c.
The Mayor shall have such further appointing power with the advice
and consent of the Council, or otherwise as provided by general law.
d.
Whenever a vacancy exists in any office required by the Charter or
the Administrative Code or other ordinance to be filled by the Mayor
with the advice and consent of the Council, and there is no holdover
incumbent, the Mayor may temporarily fill such vacancy (in the absence
of any contrary provision in the Charter or ordinances) by appointing
an acting officer, including the designation of himself as Acting
Business Administrator in the event of a vacancy in that office. Insofar
as practical, such appointee shall possess all of the functions, powers
and duties of the office until it shall be filled permanently. Any
such appointment shall terminate no later than 90 days after the date
of the appointment unless the Council shall by resolution authorize
one or more extensions of such period.
[Ord. #874; 1976 Code § 3-45]
As provided by the Charter (N.J.R.S. 40:69A-43)
a.
Each department shall be headed by a director, who shall be appointed
by the Mayor with the advice and consent of the Council. Each department
head shall serve during the term of office of the Mayor appointing
him and until the appointment and qualification of his successor.
b.
The Mayor may in his discretion remove any department head after
notice and an opportunity to be heard. Prior to removing a department
head, 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 2/3 vote of the whole number of the
Council, disapproving the removal.
[Ord. #874; 1976 Code § 3-47; Ord. #927; Ord. #913;
New; Ord. #1313, § 2; Ord. #1337, § I; Ord. No. 1552; Ord. No.
2016-1780]
There shall be the following departments, boards and commissions
and such other boards and commissions as may be created, continued
or reconstituted by Charter or ordinance in the Township of Mahwah.
b.
Boards,
Commissions, and Committees.
1.
Municipal
Court.
2.
Zoning
Board of Adjustment.
3.
Planning
Board.
4.
Board
of Library Trustees.
5.
Environmental
Commission.
6.
Historic
Preservation Commission.
7.
Recreation
Committee.
8.
Senior
Citizens Advisory Committee.
9.
(Reserved)
[Amended 12-21-2022 by Ord. No. 1999]
10.
Community
Cable Television Committee.
11.
Access
for All in Mahwah Commission.
[Ord. #874; 1976 Code § 3-48; New]
Department heads shall be appointed and removed as provided
by the Charter. A director may serve as a division head and a division
head may serve as a bureau head without additional compensation. Under
the supervision of the Mayor, and subject to the Charter and Code,
each department head shall:
a.
Appoint subordinate officers and employees within the respective
departments and may, with the approval of the Mayor, remove such officers
and employees.
b.
Direct and supervise the work of the department and its employees
through the divisions established by the Code.
c.
Assign functions, powers and duties to subordinate officers and employees
within the department and modify such assignments as need appears.
d.
Delegate to division heads such of his powers as he may deem necessary
for efficient administration.
e.
Report at least annually to the Mayor and Council in such form as
shall be approved by the Business Administrator on the work of the
department during the preceding year.
[Ord. #874; 1976 Code § 3-49]
a.
The Mayor in his discretion may remove any department head, as provided
by the Optional Municipal Charter Law.
b.
The Council may for cause remove any Township officer or employee
other than the Mayor or a member of Council.
c.
The Council shall consider notices under Subsection a and motions under Subsection b only after notice and an opportunity to be heard are given to the affected officer. The Clerk shall forthwith cause a copy of the notice or motion, as the case may be, together with a statement of the charges involved and notice of the time and place fixed for hearing, to be served personally or by registered mail upon the officer affected. Hearing shall be held not less than 10 days or more than 15 days after the date of such service. The hearing shall be open to the public.
[Ord. #874; 1976 Code § 3-50]
In order to be eligible to serve on any of the boards or commissions listed in Subsection 2-5.1 or any other duly created committee, board or commission, an individual shall be a legal resident of the Township. If any member of such board, commission or committee moves from the Township, his or her right to continue serving shall terminate automatically, and the position shall be deemed vacant, subject to reappointment for the unexpired portion of the term in the same manner as the original appointment was made.
[Ord. #874; 1976 Code § 3-51; Ord. #1337, § II]
a.
There shall be a Department of Administration and Finance, the head
of which shall be the Business Administrator.
b.
The Business Administrator may designate the head of one of the divisions
of the department as Assistant Administrator, to act for in place
of the Business Administrator in his absence, or to have such other
functions, powers and duties as may be assigned by the Business Administrator.
[Ord. #874; 1976 Code § 3-52; New; Ord. #1147,
§ IV]
a.
Appointment; Qualifications. A Business Administrator shall be appointed
as provided by the Charter. Prior to his appointment, the Business
Administrator shall have as a minimum a bachelor's degree from a recognized
college or university, specialized training in public administration,
and a reasonable amount of responsible experience in an executive
or administrative position related to the duties of his office or
its equivalent. He shall receive such compensation as may be fixed
by ordinance. He shall be chosen solely on the basis of his executive
and administrative qualifications, with special reference to his actual
experience in or his knowledge of accepted practice in respect to
duties of his office as hereinafter set forth. At the time of his
appointment he need not be a resident of Mahwah or of this State,
but during his tenure of office he may reside outside Mahwah only
with the approval of Council.
b.
Powers and Duties. Under the direction and supervision of the Mayor,
the Business Administrator shall:
1.
Assist the Mayor in preparation of the Township budget and otherwise
as the Mayor may require.
2.
Administer a centralized purchasing system.
3.
Supervise the administration of each of the departments of the Township
government, provided that such supervision shall not extend to the
management of the finances of the Township, which is required by the
Charter, R.S. 40:69A-48, to be exercised by an officer of the Township
other than the Business Administrator. The Officer of the Township
shall be the Chief Financial Officer/Treasurer.
4.
Prescribe and enforce rules and regulations for the efficient management
of the Township government not inconsistent with the Charter Code.
5.
Coordinate the operations and administration of the various departments,
divisions, offices and agencies of the Township government.
6.
Maintain a continuing review and analysis of budget operations, work
programs and costs of Township services.
7.
Perform such other duties as the Code may require or as Council may
otherwise prescribe.
8.
Assign and transfer employees temporarily from one department to
another as efficient administration may require.
[Ord. #874; 1976 Code § 3-53]
Within the Department of Administration and finance, there shall
be a Division of Administration. The Director of the department shall
serve as head of the division without additional compensation. Under
the direction and supervision of the Director the division shall:
a.
Prescribe and install uniform forms and procedures for budget preparation
by all departments and assist in the review and analysis of budget
requests and in the preparation of the budget document.
b.
Administer the Township's personnel program, including the job classification
and pay plan and other personnel policies and maintain a complete
system of personnel records of Township officers and employees.
c.
Develop, install and administer an orderly procedure for the consideration,
review and adjustment of employee grievances;
d.
Coordinate the processes of appointment and removal of Township employees
within the various departments.
e.
Have and exercise the functions, powers and duties of the purchasing
agent as provided by the optional Municipal Charter law.
f.
Supervise telephone, mail, office equipment and furnishings and other
office services.
g.
Place, purchase, and review property, liability and other insurance
and surety bonds as required for Township purposes.
h.
Administer all matters relating to the financial status, rights and
benefits of employees of the Township under the employees' benefit
and welfare programs.
[Ord. #874; 1976 Code § 3-59]
There shall be a Division of Finance, the head of which shall
be the Business Administrator. The division shall consist of:
[Ord. #874; 1976 Code § 3-60; Ord. #1147, §§ I,
II, V]
The Bureau of Treasury shall be headed by the Township Chief
Financial Officer/Treasurer. He may serve on a part-time or full-time
basis as determined by the Mayor and Council. The Chief Financial
Officer/Treasurer shall receive such compensation as prescribed by
the salary ordinance and shall give bond for the faithful performance
of his duties, to be paid for by the Township. There is created in
the Township of Mahwah the position of the Chief Financial Officer.
The Chief Financial Officer shall perform the duties and functions
as required under the provisions of N.J.S.A. 40A:9-140.1(d) so as
to be responsible for the proper financial administration of the Township.
The Chief Financial Officer shall be the designated Treasurer of the
Township of Mahwah. The Chief Financial Officer shall be appointed
by the Township Council as required by law.
[Ord. #1172, § 1; Ord. #1253]
There shall be an Assistant to the Chief Financial Officer.
This person may serve on a part time or full time basis as determined
by the Mayor and Council and shall receive such compensation as prescribed
by the Salary Ordinance. The Assistant to the Chief Financial Officer
may not be a member of the Township governing body. The Assistant
to the Chief Financial Officer has the following minimum education
requirements:
a.
Possession of a Bachelor's Degree from an accredited college or university
with at least 21 semester hours of credit in accounting;
b.
At least 21 semester hours of credit in accounting at an accredited
college or university along with related experience in a financial
setting of equivalent complexity in lieu of the above required degree;
or
c.
Appropriate knowledge, skills, and abilities commensurate with the
responsibilities afforded the position.
[Ord. #874; 1976 Code § 3-61; Ord. #1147, § III]
The Chief Financial Officer/Treasurer shall:
a.
Keep and maintain books and records of all financial transactions
of the Township under the supervision of the Township Auditor and
in accordance with the standards of the division of local finance
in the Department of Community Affairs of the State of New Jersey.
b.
Have custody of all funds of the Township to be deposited in authorized
depositories.
c.
Have custody of all investments and invested funds belonging to the
Township or funds in its possession as a fiduciary except as otherwise
provided by law, and keep such funds and municipal monies not required
for current operations safely invested or deposited in such interest-bearing
accounts as may be approved by the Administrator as permitted by law.
d.
Make disbursements of municipal funds solely upon authorization in
the manner provided by the Administrative Code.
e.
Maintain accounts of all cash receipts and disbursements and make
reports thereon, and prepare a monthly statement of the unexpended
and unencumbered balance in each account for the information of the
Council, Mayor, Business Administrator and general public.
f.
Serve as certifying agent for the New Jersey Public Employees' Retirement
System and/or similar pension and benefit plans with respect to municipal
employees.
g.
Promptly pay interest and principal on municipal obligations as they
fall due.
h.
Receive funds entrusted to or under the control of any department,
when directed, and deposit all funds received by it in depositories
authorized by the Council.
i.
Issue checks for payment of Social Security payments upon receipt
of a certification of approval by the certifying and approval officer.
[Ord. #874; 1976 Code § 3-61]
Within the Division of Finance there shall be a Bureau of Assessment,
the head of which shall be the Tax Assessor. The Assessor shall be
appointed by the Mayor, pursuant to State statute. The Bureau of Assessment
shall:
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a Municipal Assessor.
b.
Make assessment of benefits for local improvements and for that purpose
to have and exercise the powers and duties of a board of assessment
for local improvements as provided by law.
c.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted, and establish and maintain such files,
records and procedures as may be required for the valuation and assessment
of personal property pursuant to law.
d.
Maintain a current tax map of the Township as a public record and
cause to be recorded thereon all changes in ownership or Charter for
the real property assessed, employing for that purpose the facilities
of other departments as provided by the Code.
[Ord. #874; 1976 Code § 3-63]
Within the Division of Finance, there shall be a Bureau of Collections,
the head of which shall be the Tax Collector. He shall be appointed
for the term prescribed by the law for Municipal Tax Collectors. The
division shall:
a.
Perform the functions of a collector of taxes under general law including
without limitation thereto the preparation and mailing of tax bills,
enforcement of tax collections by tax sales and otherwise, and the
maintenance of tax accounting records in such a manner as may be prescribed
or approved pursuant to the Charter and Code, within the framework
of New Jersey Statutes.
b.
Receive and collect and deposit daily all current and delinquent
real and personal property taxes, current and delinquent utility charges,
improvement assessments, charge and receive penalties and interest
pursuant to law, and other general revenue unless otherwise provided
by law.
c.
Make or cause to be made and certify searches for tax and other liens
on real property as may be authorized by law and charge and collect
and deposit daily for the use of the Township, the fee required pursuant
to law for any such search.
Editor's Note: Former § 2-6.14, Division of Human
Services and Affordable Housing; Director, Ord. #874; 1976 Code § 3-64;
Ord. #1258, was repealed 7-25-2019 by Ord. No. 1882.
Editor's Note: Former § 2-6.15, Duties of Director
of Human Services, Ord. #874; 1976 Code § 3-65, was repealed
7-25-2019 by Ord. No. 1882.
Editor's Note: The Division of Engineering, previously codified herein, was repealed by Ord. No. 1988. Prior history includes Ord. #874; 1976 Code § 3-66. See now Section 2-12, Department of Land Use.
Editor's Note: Powers and Duties of the Engineer, previously codified herein, was repealed by Ord. No. 1988. Prior history includes Ord. #874; 1976 Code § 3-67; Ord. No. 1042. See now Section 2-12, Department of Land Use.
[Ord. #874; 1976 Code § 3-68]
There shall be a Division of Planning, the head of which shall
be the Township Planner.
[Ord. #874; 1976 Code § 3-69]
The Township Planner shall upon request provide professional
planning advice in the areas of zoning and land use. The Township
Planner shall also, upon request, assist the Township Attorney in
land use litigation.
[Ord. #994, § 1; amended 2-10-2022 by Ord. No. 1960]
Within the Department of Administration there shall be a Division
of Pools.
a.
The Director of the Department of Administration may be the Head
of the Division of Pools or the position of Division Head may be filled
by an individual other than the Department Head, qualified by reason
of demonstrated experience in management of a pool facility.
b.
The Head of the Division shall administer, operate and supervise
the activities of the Municipal Pool.
c.
The Head of the Division of Pools, with the advice of the Pool Advisory
Committee and consent of Council, shall establish rules, regulations
and fees for the Municipal Pool.
d.
The Head of the Division of Pools shall be responsible for the processing
of applications and the collection of fees for the use of the Municipal
Pool.
e.
The Division of Pools will be comprised of such other employees as
deemed necessary by the Mayor and Council with the advice of the Pool
Advisory Committee and the Head of the Division of Pools.
f.
The Division of Pools shall include a Pool Advisory Committee whose
role and function is to provide guidance to the Head of the Division
of Pools.
1.
The Pool Advisory Committee shall consist of seven members appointed
by the Mayor with the consent of the Council for two-year terms. The
initial appointment shall be four members for two years and three
members for one-year terms.
2.
The Pool Advisory Committee shall suggest such activities, rules,
regulations and operating procedures, as it deems necessary to the
proper operation of the Pool, with the interaction of the Head of
the Division of Pools.
3.
The Pool Advisory Committee shall report their activities to the
Recreation Committee, Mayor, Council and the Head of the Division
of Pools. Any resulting rules must be adopted by the Township Council
by resolution prior to enforcement.
[Ord. #1455]
Within the Department of Administration there shall be a Division
of Seniors Activities.
a.
The Senior Citizens Activity Coordinator shall be the head of the
Division of Seniors Activities.
b.
The head of the Division shall administer, operate and supervise
the Division of Seniors Activities.
c.
The head of the Division of Seniors Activities, with the advice and
consent of the Township Council, shall establish rules and regulations
for use of the Senior Center.
d.
The head
of the Division of Senior Activities shall operate and supervise the
Access Transportation Program.
[Added 7-25-2019 by Ord. No. 1882]
[Ord. #1337, § IV]
There shall be a Department of Law, the head of which shall
be the Township Attorney. The Township Attorney shall be compensated
at a rate established by the salary ordinance or in accordance with
a professional services contract as provided by law.
[Ord. #1337, § IV]
Except as may be otherwise provided by the Charter, the Administrative
Code or other ordinances of the Township, the Department shall:
a.
Provide legal advice and assistance to the Mayor and Council and
to all other departments, and prosecute and defend actions and proceedings
by and against the Township;
b.
Draft ordinances and resolutions, and advise as to their form and
sufficiency prior to passage;
c.
Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Township;
d.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Township as he may in his discretion determine to
be necessary or desirable, or as directed by the Mayor or Council;
e.
Subject to the approval of the Council, have power to enter into
any agreement, compromise or settlement of any litigation in which
the Township is involved, provided however, that this section shall
not operate to limit or abridge the discretion of the attorney handling
any matter in regard to the proper conduct of any trial, action or
proceeding, or deprive him of the powers and privileges ordinarily
exercised in judicial proceedings by counsel acting for private clients;
f.
Render opinions in writing upon any question of law submitted to
him by the Mayor, the Council, the Business Administrator or the head
of any department, with respect to their official powers and duties;
g.
Maintain a record of all actions, suits, proceedings and matters
which relate to the municipality's interest, and report thereon from
time to time as the Mayor or Council may require;
h.
Have such other and different functions, powers and duties as may
be provided by Charter, the Administrative Code, or other ordinances
of the Township.
[Ord. #1337, § IV]
A special attorney may be appointed by the Township Attorney
with the consent of the Council as may be required from time to time.
[Ord. #1337, § IV]
a.
The Mayor shall appoint an attorney to conduct prosecutions for crimes
and offenses cognizable by the Municipal Court of Mahwah, including
violations of ordinances of the Township, complaints of any department
under State law, and for violations of rules and regulations duly
promulgated by any department; provided, however, that he shall not
be responsible for the prosecution of such crimes and offenses as
are required by law to be prosecuted by the County Prosecutor.
b.
The Mayor shall appoint a Public Defender for defense of persons
accused of crimes and offenses cognizable in the Municipal Court of
Mahwah. The Public Defender shall serve on an as needed basis and
only in defense of individuals meeting eligibility requirements established
by the Office of the Public Defender in Bergen County.
c.
Those persons applying for representation by the Municipal Public
Defender shall pay an application fee of $200 at the time of presentation
of an application for the Public Defender. The Municipal Court Judge
may, however, in his discretion, waive any required application fee
in whole or in part if the Judge determines, in his discretion, that
the application fee represents an unreasonable burden on the person
seeking representation.
[Ord. #1337, § IV]
a.
All papers, documents, memoranda, reports and other materials relating
to the administration of the Department of Law shall be and remain
the property of the Township.
[Ord. #874; 1976 Code § 3-70]
There shall be a Department of Public Works, the head of which
shall be the Director of Public Works. The Director shall be responsible
for the supervision of employees, the maintenance of public works,
and in addition, shall:
a.
Supervise and direct the installation and administration of departmental
records, time keeping and inventory controls, and cost analysis.
b.
Establish standards and procedures for the control, use and care
of all public works equipment, materials and supplies in the custody
of the department.
c.
Supervise such sanitation services as may be required in the Township.
[Ord. #874; 1976 Code § 3-71]
The Department of Public Works shall:
a.
Maintain and repair Township streets, bridges, culverts and drains.
b.
Undertake and administer Township road construction projects and
road surfacing and resurfacing projects which are to be performed
by the department on force accounts.
c.
Maintain all Township streets in a clean and safe condition for travel,
free of obstructions and hazards and remove snow and ice therefrom
as required.
d.
Install, repair and maintain street traffic signs, lines and markers.
e.
Receive applications for and issue street opening permits, and administer
the Township's ordinances relating to street openings the approval
of the Township Engineer.
f.
Operate and maintain public buildings owned by the Township.
g.
Trim, plant and care for trees, public parks and greens.
h.
Administer Township owned properties.
i.
Maintain and repair play fields and playgrounds, and recreational
areas and facilities.
j.
Maintain the sanitary sewer system.
k.
Maintain the water supply system and equipment.
[Ord. #874; 1976 Code 3-72]
There shall be a Department of Health, the head of which shall
be the New Jersey certified health officer. The Health Officer shall
be appointed by the Township Board of Health.
[Ord. #874; 1976 Code § 3-73]
Under the administrative supervision of the Health Officer and
the direction of the Board of Health, the department shall;
Plan and administer a comprehensive public health program, including,
without limitation thereto, environmental sanitation, communicable
disease control, public health nursing service and health education,
and provide by contract for laboratory services as may be authorized
by the Charter or by ordinance.
Administer and enforce the local health and sanitation ordinances.
Maintain and administer a bureau of vital statistics, including
births, deaths and marriages, in accordance with State law and receive
applications for and issue marriage licenses pursuant to law.
[Ord. #874; 1976 Code § 3-74; Ord.
No. 2017-1808]
There shall be a Department of Police, the head of which shall
be the Chief of Police.
[Ord. #874; 1976 Code § 3-75; Ord.
No. 2017-1808]
The Department, under the direction and supervision of the Chief,
shall:
a.
Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the Township, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections and public meetings and assemblages,
b.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
use of the street and vehicles and persons, to protect the safety
and facilitate the convenience of motorists and pedestrians, and to
make and enforce rules and regulations not inconsistent with the Charter
and ordinances for such purposes,
c.
Remove all nuisances in the public streets, parks and other public
places, inspect and observe all places of public amusement, of assemblage,
and all places of business requiring any State or Township license
or permit and report thereon to the appropriate Department.
d.
Provide proper police attendance and protection at fires.
e.
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
f.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
g.
Enforce the rules and regulations for the disposition conduct and
discipline of the Department.
[Ord. #874;[1] 1976 Code § 3-76; Ord. No. 2017-1808]
The Department shall consist of such officers and individuals
as are authorized for the Police Department on the effective date
of this Administrative Code until otherwise provided pursuant to the
law. The Department shall also include school traffic guards and the
police reserve.
[1]
Editor's Note: The Administrative Code, Ord. #874, was adopted
on August 26, 1984.
Editor's Note: The Department of Inspections, previously codified herein, was repealed by Ord. No. 1988. Prior history includes Ord. #874; 1976 Code § 3-78; Ord. #1010, § II; Ord. #1391, § I. See now Section 2-12.
There shall be a Department of Emergency Services, the head
of which shall be the Director of Emergency Services. There shall
also be a Deputy Director of Emergency Services. The function of the
Director is to coordinate the activities of emergency services including
the following:
[Ord. #874; 1976 Code § 3-82; Ord. #1380, § III;
Ord. #1494, § I; Ord. #1499, § III; Ord. No. 1710]
a.
Established. Within the Department of Emergency Services there shall
be an Office of Emergency Management for organizational purposes only,
the head of which shall be the Emergency Management Coordinator. The
Office of Emergency Management is established, constituted and empowered
pursuant to law.
b.
Membership, Purpose, Powers and Duties.
1.
There shall be an Office of Emergency Management consisting of not
more than 25 members to be appointed by the Mayor with the consent
of the Township Council in accordance with the provisions of the Charter
and all applicable State laws and regulations.
2.
The purpose of the Office of Emergency Management shall be to help
in carrying out basic governmental functions of maintaining the public
peace, health and safety during an emergency. This shall include plans
and preparations for protection from, and relief, recovery and rehabilitation
from, the effects of an emergency.
3.
The Office of Emergency Management shall have all the functions,
powers and duties prescribed by general law, executive order, ordinance
or resolution for Emergency Management Offices.
4.
The Mayor shall appoint an Emergency Management Coordinator from
among the residents of the Township in accord with the provisions
of N.J.S. App. A:9-40.1.
5.
The Emergency Management Coordinator shall appoint two Deputy Emergency
Management Coordinators who shall serve in his place and stead by
seniority in the event of his incapacity or inability and otherwise
with such authority and duties as may from time to time be delegated
by the Emergency Management Coordinator or granted by law.
6.
Junior membership in the Office of Emergency Management shall be
permitted for qualified residents between 16 and 18 years of age.
c.
ADMINISTRATOR
DECLARATION OF STATE OF LOCAL DISASTER EMERGENCY
DISASTER
EMERGENCY
EMERGENCY MANAGEMENT FORCES
LOCAL DISASTER EMERGENCY
REGULATION
VOLUNTEER
WAR EMERGENCY
Definitions. The following definitions shall apply in the interpretation
of this chapter.
Shall mean the Township Business Administrator of the Township.
Shall mean a proclamation by the Emergency Management Coordinator
that a disaster has occurred or is imminent which requires activation
of all or part of the Township emergency management forces, declaring
a state of local disaster emergency to exist.
Shall mean any unusual set of circumstances which endangers
the health, safety or resources of the residents of the Township and
which is or may become too large in scope or unusual in type to be
handled in its entirety by regular municipal operating services.
Shall mean and include "disaster" and "war emergency" as
defined herein, and shall exist upon proclamation by the Emergency
Management Coordinator.
Shall mean the employees, equipment and facilities of all
Township departments, boards and commissions; and, in addition, all
volunteer personnel, equipment and facilities contributed by or ordained
from volunteer persons or agencies.
Shall mean and include any disaster, or the imminence thereof,
which affects the Township, but is not so severe as to require actions
by the Governor or the County Disaster Control Coordinator as described
in the New Jersey Civil Defense and Disaster Control Act (N.J.S. App.
A:9-33 et seq.).
Shall mean and include plans, programs and other emergency
procedures for emergency management operation promulgated in accordance
with this chapter.
Shall mean any person duly appointed by the Emergency Management
Coordinator and assigned to participate in emergency management control
activity serving without remuneration.
Shall mean and include any disaster occurring anywhere within
the Township as the result of enemy attack or the imminent danger
thereof.
d.
Emergency Operations Plan. The Township shall prepare a written Emergency
Operations Plan with all appropriate annexes necessary to implement
the plan. The Emergency Operations Plan shall conform to all relevant
Federal and State statutes, rules and regulations concerning emergency
operations and shall include the identification of significant hazards
affecting the jurisdiction. The plan shall be based upon planning
criteria, objectives, requirements, responsibilities and concepts
of operation for the implementation of all necessary and appropriate
protective or remedial measures to be taken in response to an actual
or threatened emergency as determined by the State Director of Emergency
Management.
e.
Duties and Powers of the Emergency Management Coordinator. The Emergency
Management Coordinator shall be responsible for planning, activating,
coordinating and the conduct of emergency management operations within
the municipality.
Whenever in the opinion of the municipal Emergency Management
Coordinator, a disaster has occurred or is imminent, the municipal
Emergency Management Coordinator shall proclaim a state of local disaster
emergency within the municipality. The municipal Emergency Management
Coordinator, in accordance with the regulations promulgated by the
State Director of Emergency Management, shall be empowered to issue
and enforce such orders as may be necessary to implement and carry
out emergency management operations and to protect the health, safety
and resources of the residents of the municipality.
[Ord. #874; 1976 Code § 3-83; amended 12-27-2018 by Ord. No.
1853]
Within the Department of Emergency Services there shall be a
Fire Division, the head of which shall be the Fire Chief. The Division,
subject to the direction and supervision of the Fire Chief, shall:
a.
Have exclusive jurisdiction over the control, fighting and extinguishment
of any conflagration which occurs within the Township limits.
b.
Make, administer and enforce rules and regulations for control, disposition
and discipline of the division and its officers and employees and,
within the limits available, appropriations for establishment and
maintenance of stations and the disposition, use and care of its equipment
and apparatus.
c.
Designate and fix the location of fire alarm and telegraph and signal
stations in the Township and operate, repair and maintain a Township
fire alarm and signal system.
d.
Investigate the cause, circumstances and origin of fires and report
to the Township Police Department and to the County Prosecutor every
case of suspicion of arson.
e.
Be authorized to inspect and test any automatic or other fire alarm
system or fire-extinguishing equipment.
f.
Be authorized to enter upon without fee or hindrance all premises,
grounds, structures, buildings, vessels, and passages whenever necessary
to the performance of its duties.
g.
Operate a training program to maintain and improve the firefighting
efficiency of the members of the Department.
h.
Maintain a Bureau of Fire Prevention and Fire Safety Inspection and
administer fire prevention ordinances of the Township, except as may
be therein specifically provided in such ordinances.
[Added 12-27-2018 by Ord.
No. 1853[1]]
a.
For purposes of this section, a "criminal history record background
check" means a determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with those
on file with the State Bureau of Identification in the Division of
State Police and the Federal Bureau of Investigation.
b.
The Township requires that all prospective volunteer members of the
Fire Division shall submit to being fingerprinted in accordance with
applicable state, federal, county and local laws, rules and regulations,
as a condition of membership with the Fire Division.
c.
All prospective volunteer members shall authorize the Township, through
its duly authorized representative, to exchange fingerprint data with
and receive criminal history record information from the State Bureau
of Identification in the Division of State Police and the Federal
Bureau of Investigation.
d.
In order to obtain criminal history record information pursuant to
this article and N.J.S.A. 40:48-1.4, the Township shall submit the
fingerprint data for prospective volunteer members of the Fire Division
to the State Bureau of Identification in the Division of State Police.
The State Bureau of Identification shall receive all criminal history
record information from the Federal Bureau of Investigation and shall
disseminate that information to the Township.
e.
The Township shall conduct a criminal history record background check
of a prospective volunteer member of the Fire Division only upon receipt
of the written authorization and consent to the criminal history background
check from the prospective member. A form for the authorization and
consent to said background check shall be provided to each prospective
member along with the application for volunteer membership with the
Fire Division. Failure to submit a fully signed and witnessed written
authorization and consent form shall be grounds to reject an application.
f.
The Township shall bear the costs associated with conducting criminal
history record background checks.
g.
An individual may be disqualified from serving as a volunteer member
of the Fire Division if that prospective member's criminal history
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 herein.
h.
Access to criminal history record background information of prospective
volunteers of the Fire Division obtained under this section is restricted
to authorized personnel of the Township on a need-to-know basis, as
may be authorized by federal or state statute, rule or regulation,
executive order, administrative code, this article and/or resolution
regarding obtaining and dissemination of criminal history record background
information.
i.
Criminal history record background information shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Said records are not
public records under the Open Public Records Act.[2]
[2]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
[Ord. #874; 1976 Code § 3-84]
The division shall consist of such officers and men as authorized
for the Fire Division on the effective date of this Code unless otherwise
provided pursuant to law.
[Ord. #874; 1976 Code § 3-85]
The Fire Chief shall administer and enforce rules and regulations
for the control, disposition and discipline of the division and its
officers and employees, and for the use and care of equipment and
apparatus in accordance with existing ordinances of the Township.
The division shall operate a training program to maintain and improve
the capability and efficiency of the members of the division.
[Amended in entirety and renamed to the Department of Land
Use 10-13-2022 by Ord. No. 1988. Prior history includes Ord. #927,
§ 1; Ord. #1391, § II; Ord. #1405, § I
for the Department of Land Use and Property Maintenance.]
[Amended 10-13-2022 by Ord. No. 1988]
There is hereby established a Department of Land Use, the head
of which shall be the Director. The Department shall consist of the
following:
[Amended 10-13-2022 by Ord. No. 1988]
The Director of Land Use shall, prior to appointment, be qualified
by training or experience in the administration of land use matters.
The Director's compensation shall be such sum annually as shall
be fixed by ordinance of the Township Council. The head of the Division
of Zoning, Planning and Property Maintenance, the Division of Building
and Inspection or the Division of Engineering may also be appointed
concurrently as the Director of Land Use.
[Amended 10-13-2022 by Ord. No. 1988]
The powers and duties of the Department of Land Use shall consist
of the cumulative powers and duties of Division of Zoning, Planning
and Property Maintenance, Division of Building and Inspection, and
Division of Engineering, as set forth below.
[Amended 10-13-2022 by Ord. No. 1988]
There shall be a Division of Zoning, Planning and Property Maintenance,
the head of which shall be the Administrative Officer.
[Amended 10-13-2022 by Ord. No. 1988]
a.
The Division shall be responsible for the interpretation and implementation
of the Township Land Use Ordinances and the Township Property Maintenance
Code.
b.
The Administrative Officer will be responsible for the supervision
of employees administratively responsible to the Division and shall
perform the following tasks and other related tasks as necessary for
the proper implementation of matters relating to Land Use and Property
Maintenance:
1.
Enter upon all premises, grounds and structures wherever necessary
for the performance of assigned duties. Entry shall take place during
reasonable hours except when protection of the public requires immediate
entry.
2.
Review development plans for conformance to the Land Use Ordinances.
3.
Establish and maintain such files as necessary to provide a permanent
record of property uses in the Township.
4.
Confer with the Township Planner and Attorney as necessary in the
performance of assigned duties.
5.
Issue warnings, abatement notices and summonses as necessary to assure
compliance with the Land Use and Property Maintenance Codes.
6.
Make recommendations to the Planning Board and Board of Adjustment
on matters pertaining to the Land Use Ordinances.
c.
The Administrative Officer may also serve as Zoning Officer, Secretary
to the Planning Board and/or Secretary to the Board of Adjustment.
[Amended 10-13-2022 by Ord. No. 1988]
The Division shall be comprised of the Administrative Officer
and the following persons:
[Amended 10-13-2022 by Ord. No. 1988]
There shall be a Division of Building and Inspections, the head
of which shall be the Township Construction Official.
[Amended 10-13-2022 by Ord. No. 1988]
Under the supervision and direction of the Construction Official,
the division shall enforce the Uniform Construction Code, Housing
Code, Plumbing Code and other construction subcodes. It shall issue
building permits and occupancy certificates.
[Amended 10-13-2022 by Ord. No. 1988]
The department shall be composed of the Construction Official,
Building Subcode Official, Plumbing Subcode Official, Electrical Subcode
Official, Fire Subcode Official and others as approved by the Mayor
and Council.
[Amended 10-13-2022 by Ord. No. 1988]
There shall be a Division of Engineering, the head of which
shall be the Township Engineer.
[Amended 10-13-2022 by Ord. No. 1988]
a.
Prepare, or cause to be prepared, plans and specifications for public
works and improvements undertaken by the Township, either on force
account or by public contract.
b.
Ascertain conformity with all public works contract provisions and
certify the amounts due and payable thereunder.
c.
Provide and maintain surveys, maps, plans specifications and operating
records with respect to public works and facilities owned or operated
by the Township.
d.
Advise Council on all engineering matters which may come before Council.
[Ord. #1455]
There shall be a Department of Recreation, the head of which
shall be the Recreation Director. The Recreation Director shall supervise
all recreation employees. The Recreation Director shall be appointed
by the Mayor with the advice and consent of the Council.
[Ord. #874; 1976 Code § 3-86; Ord. #927]
The Planning Board established pursuant to N.J.S.A. 40:55D-23
is continued and assigned for administrative purposes to the Department
of Zoning and Property Maintenance.
[Ord. #874; 1976 Code § 3-87; Ord. #927]
The Zoning Board of Adjustment established pursuant to N.J.S.A.
40:55D-69 is continued and assigned for administrative purposes to
the Department of Zoning and Property Maintenance.
[Ord. #874; 1976 Code § 3-88; Ord. #1207 § II]
a.
The Board of Library Trustees established pursuant to N.J.S.A. 40:54-1
et seq. is continued and assigned for administrative purposes to the
Department of Administration, Law and Finance.
b.
The Treasurer of the Board of Library Trustees shall give bond in
the amount of $100,000 to assure the faithful performance and discharge
of his/her duties. The cost of this bond shall be paid from the monies
disbursed by the municipality to the Library Board under N.J.S.A.
40:54-8.
[Ord. #874; 1976 Code § 3-89; New]
The Environmental Commission is continued and assigned for administrative
purposes to the Department of Administration, Law and Finance.
[Ord. #874; 1976 Code § 3-90; New; Ord. #1313,
§ 1]
There shall be a Historic Preservation Commission. For administrative
purposes the Historic Preservation Commission is assigned to the Department
of Zoning and Property Maintenance.
[Ord. #874; 1976 Code § 3-91; Ord. #913, § 2;
Ord. #944; Ord. #1584; Ord. #1626; amended 5-9-2019 by Ord. No. 1859]
There shall be a Recreation Committee consisting of 15 regular
members and eight alternate members appointed by the Mayor with recommendations
from the Recreation Director and consent of the Council. All appointments
to the Committee will be for four years commencing on the first day
of January. The terms of the Committee members shall be staggered
so that eight regular appointments and four alternate appointments
are made one year, and seven regular appointments and four alternate
appointments are made two years later. In the event a vacancy occurs
during a normal term, an appointment may be made by the Mayor, with
a recommendation from the Recreation Director, and with the consent
of Council, to complete the unexpired term. The Committee shall advise
and make recommendations on matters of recreation to the Council,
Mayor, Recreation Director, and Director of Public Works.
[Ord. #874; 1976 Code § 3-92]
The Municipal Court, as heretofore established and empowered
pursuant to N.J.S.A. 2A:8-1 et seq. is continued, and the Municipal
Judge shall be appointed by the Mayor for a term of three years with
the advice and consent of Council.
Editor's Note: Prior Subsection 2-13.8, Housing Commission,
was repealed 12-21-2022 by Ord. No. 1999. Prior history includes
Ord. No. 1042.
[Ord. #874; Ord. #888; 1976 Code § 3-92.1; New;
Ord. #1005, § 1; Ord. #1118, §§ 1,2; Ord.
#1495, §§ 1 — 3]
There shall be a senior citizens advisory committee consisting
of seven members.
a.
Purpose. The Board shall periodically advise the Mayor and Council
of current State and Federal programs available to Senior Citizens.
The Board shall recommend programs and services it feels the
Township Council and Mayor should consider to fund and implement.
The Board shall review Senior Citizen programs of the Township
and advise the Mayor of findings.
The Board shall meet as deemed necessary by the Chairman, providing
adequate public notice is given.
The Chairman will be selected by members of the Board for a
one-year term.
Minutes of meetings will be kept as the Board deems necessary
and the Board will forward minutes, upon approval, to the Business
Administrator, Council and Mayor.
b.
Members and Terms. Members shall be appointed to terms as follows:
Two citizens of the Township who are not members of the Township
Council, Mahwah Senior Citizen Club or Mahwah Recreation Committee
selected by the Mayor for two year terms, except upon initial formation
of the Committee where one will be one year.
One member of Township Council who is not a member of the Mahwah
Senior Citizen Club or the Mahwah Recreation Committee for a two-year
term selected by the Township Council.
One member of the Mahwah Senior Citizen Club who is not a member
of the Mahwah Recreation Committee designated by the Mahwah Senior
Citizen Club for a one-year term.
One member who is the Township Director of Human Services who
shall serve for the duration of his term as director.
One member of the Mahwah Recreation Committee who is not a member
of the Mahwah Senior Citizen Club designated by the Mahwah Recreation
Committee for a one-year term.
One member who is the Senior Coordinator of the Senior Activity
Center, who shall serve for the duration of her/his term of employment
as Senior Coordinator.
Two citizens of the Township who are 60 years or older, selected
by the Mayor, to serve as alternates, each for a two-year term.
All terms shall commence July 1.
[Ord. #1552]
a.
There is hereby established a Community Cable Television Committee
consisting of seven members appointed by the Mayor with the advice
and consent of the Council. The initial organization of the Committee
shall be such that the first three members named shall be appointed
for a one-year term; the next three members named for two year terms;
and the seventh member, who shall be a member of the Township Council
shall be named for a one-year term. Thereafter, all succeeding appointments,
except for the Township Council member, will be for four years commencing
on the first day of July. The term of the Committee member who is
a member of the Township Council shall be for a period of one year
with a term commencing on the first day of July.
b.
The Committee shall consist of one member of the Township Council
and six citizens of the Township of Mahwah.
c.
The Committee shall select one chairperson from the members.
d.
The Committee shall adopt rules and regulations for the operation
of the Mahwah Community Cable Television Station. The rules and regulations
shall be approved by the Township Council prior to implementation.
[Added 5-19-2022 by Ord.
No. 1972]
There shall be an Emergency Responder Supporters and Advocates
(VERSA) Committee
a.
Purpose. The VERSA Committee shall support the Township's emergency
responders by assisting them with fundraising, emergency responder
recruitment, and community outreach regarding fire and emergency medical
safety awareness. The Committee shall periodically advise the Mayor
and Council on such programs.
b.
Members and Terms. The Committee shall consist of eight members and
two alternate members appointed by the Mayor for two-year terms, except
upon formation of the Committee, when half the members shall be appointed
to one-year terms. One member of the Township Council shall be appointed
as Council liaison for a one-year term.
c.
The Committee shall nominate and elect a chairperson, vice-chairperson,
treasurer and secretary.
d.
Each non-officer Committee member shall be assigned to a fire or
EMS station, preferably within the district where the member resides.
Each district shall create a subcommittee responsible for organizing
events at the respective station subject to the approval of the core
VERSA committee.
[Ord. #874; 1976 Code § 3-93]
a.
The budget shall be prepared by the Mayor with the assistance of
the Business Administrator. During the month of November, the Mayor
shall require all department heads to submit requests for appropriations
for the ensuing budget year and to appear before the Mayor or the
Business Administrator at public hearings which shall be held during
the month on the various requests. On or before January 15, the Mayor
shall submit to the Council his recommended budget together with such
explanatory comment or statement as he may deem desirable.
b.
Tax Revenue Estimates by Business Administrator. The Business Administrator,
with the assistance of the Treasurer and Auditor, shall prepare all
estimates on nonproperty tax revenues anticipated for the support
of each annual budget.
c.
Budget Documents. The budget documents shall be prepared in such
form as is required by law for municipal budgets and in accordance
with the Charter. There shall be appended to the budget a detailed
analysis of all items of expenditure and revenue. Such analysis shall
include a comparison of the total number of positions of each class
and grade to be authorized by the budget with the actual number thereof
employed at the beginning and ending of the preceding budget period.
So far as practicable, such analysis shall include appropriate statements
of the cost of performance of functional programs and activities in
terms of quantitative countable units of work for operating and capital
expenditures.
d.
Capital Budget. There shall also be appended to the budget document
a capital section which shall include a budget of capital projects
proposed or continued for the current budget year, together with a
projection and description of capital needs and financing anticipated
for the ensuing five years.
[Ord. #874; 1976 Code § 3-94]
On or before March 20, the budget shall be considered, approved
and adopted by resolution after public hearing and acceptance by the
Council which may or may not alter the budgetary items in accordance
with law and certification of the Director of Division of Local Government
Services in accordance with the budget law.
[Ord. #874; 1976 Code § 3-95; Ord.
No. 1147, § VI)]
a.
The Business Administrator shall supervise the administration of
each budget. In consultation with department heads, he shall establish
quarterly or such other periodic allotments of appropriations as he
may deem necessary. Each department shall plan and administer its
expenditure program within the limits of such allotments.
b.
If at any time during the budget year the Chief Financial Officer/Treasurer
shall ascertain that the Township government is faced with the probability
of incurring a cash deficit for the current year, he shall reconsider
the work programs and allotments of the several departments. Upon
such reconsideration, and with the approval of the Mayor, he may revise
budget allotments so as to forestall, so far as possible, the making
of commitments and expenditures in excess of the revenues to be realized
during the fiscal year. He shall file with the Chief Financial Officer/Treasurer
a copy of such revised allotments, and the Chief Financial Officer/Treasurer
shall control expenditures within the limits thereof.
[Ord. #874; 1976 Code § 3-96; Ord.
No. 1147, § V]
All purchases of any supplies, materials or equipment or contractual
services for the Township's account shall be made by the Department
of Administration, pursuant to a written requisition from the head
of the department whose appropriation will be charged and the certification
of the Chief Financial Officer/Treasurer that a sufficient unencumbered
balance of appropriation is available to pay therefor. All such purchase
contracts shall conform with applicable requirements of State statutes
for competitive bidding.
[Ord. #874; 1976 Code § 3-97; New]
Where contracts are let to public competitive bidding, they
shall be publicly advertised pursuant to statute, and upon receipt
of sealed bids by the Business Administrator or his designee, the
bids shall be opened by the Business Administrator or his designee
in the presence of the Township Clerk or his designee. A record of
the proceedings shall be submitted to the Council, with the recommendations
of award, including a summary of all bids received. The bids will
be received at such place and time as may be set in the legal notice
of bid proposal.
[Ord. #874; 1976 Code § 3-98; New]
The Council, upon consideration and review of the procedures
and recommendations, shall in its wisdom award the contract of purchase
to the lowest responsible bidder pursuant to N.J.S.A. 40A:11-1 et
seq.
[Ord. #874; 1976 Code § 3-99]
The Mayor or Business Administrator shall execute and sign contracts
let by the Council, and the Mayor's and Business Administrator's signatures
shall be attested by the Township Clerk.
[Ord. #874; Code § 3-100]
The Business Administrator shall establish and approve uniform
standards for requisitions and purchases. The Department of Administration
shall control the delivery of all supplies, material, equipment and
other items purchased and shall make or cause to be made proper tests,
checks and inspections thereof. The department shall ascertain whether
the supplies, material, equipment and other items purchased comply
with the specifications and shall cause laboratory or other tests
to be made whenever, in the opinion of the Business Administrator,
it is necessary to determine whether the materials or supplies furnished
are the quality and standard required.
[Ord. #874; 1969 Code § 3-101]
a.
Statement of Estimate Requirements. Each department shall upon request
of the Business Administrator, submit a complete statement of the
materials, supplies and equipment, and work and labor under contract
which will be required by the department during the ensuing year,
half year or quarter year as the Administrator may determine according
to the best estimate of the department head. Such statement shall
be in such form and detail as the Administrator may require.
b.
Requisition by Department Head. Purchases shall be made upon requisition
of a department head to the Business Administrator under such procedures
and in such form as the Business Administrator may prescribe or approve.
Except as the Business Administrator may authorize in case of emergency,
no purchase shall be made and no bill, claim or voucher shall be approved
unless the procedures prescribed by or pursuant to the Code have been
followed.
[Ord. #874; 1969 Code § 3-102]
Immediately upon delivery of any purchase items, the receiving
clerk shall make a record thereof on a form to be approved by the
Business Administrator, and the department's acceptance of the delivery
shall be certified by the certifying officer in such form as shall
be prescribed by the Business Administrator. A voucher properly prepared
and executed by the vendor shall be submitted to the Treasurer, who
shall not authorize inclusion on the bill list unless and until he
has first examined and properly prepared and certified receiving report
and has satisfied himself that the items billed were properly authorized
and delivered in accordance with a duly issued purchase order or any
change thereof authorized by the Department of Administration.
[Ord. #874; 1976 Code § 3-103]
a.
A voucher on a form prescribed by the Business Administrator shall
be presented for each bill, claim or demand and shall be paid only
upon the audit, warrant and approval of the Business Administrator
and Treasurer. Disbursement shall be made by check signed by the Mayor
or Business Administrator and countersigned by the Treasurer, except
that payroll checks may be signed by the Treasurer alone.
b.
The Treasurer shall prepare for the Council a list of all current
bills, claims and demands for payment. This list shall be made a part
of the record of the regular meeting with copies supplied to the Mayor,
Council and Business Administrator. A copy shall be filed with the
Clerk as a public record open to examination in his office.
c.
Notwithstanding anything in this section to the contrary, disbursement
shall not be made for any voucher or any part of any bill, claim or
demand in excess of $1,000 without prior Council approval.
d.
Such other procedures shall be followed as may be promulgated by
the Local Finance Board and the Division of Local Government Services.
[Ord. #874; 1976 Code § 3-104]
a.
Procedure for Change. No changes in quantities, work performed, services
rendered, materials, supplies, or equipment delivered or provided
shall be authorized, permitted or accepted except by the following
procedure.
Every change order requested shall be submitted to the Township
Council in advance for authorization in writing by the Business Administrator
and shall be numbered consecutively for each project or contract.
b.
Exceptions. Exception shall be as follows:
1.
When an emergency condition requires immediate action, the Business
Administrator, pursuant to R.S. 40A:11-6, may authorize the necessary
action to be taken, but only to the extent necessary to meet such
emergency. The action shall be immediately reported to the Council,
which shall act to ratify the action and authorize payment.
2.
Minor field (site) modifications, provided that such modification
do not affect the overall scope of the contract. Where such modifications
are necessary, the Business Administrator may then promptly report
such change order to the Township Council for ratification and payment
authorization. In the event that such a change order would result
in an inability to complete the full contracted scope of services
without increasing the contracted price, the Council shall approve
such change orders in advance.
c.
Other Change Orders. Where any other change order is requested:
1.
The Business Administrator shall file with the Council a request
for the change order, stating the facts involved and a representation
that the proposed change order may be allowed under the provisions
of this Code and the regulations of the State of New Jersey Department
of Community Affairs, Local Finance Board. Every request for the change
order shall be accompanied by a certification of fund which is to
set forth that adequate appropriations are available for such request.
Where the request, justification, and certification of fund which
is to set forth that adequate appropriations are available for such
request. Where the request, justification and certification are prepared
by an official other than the Business Administrator, the Business
Administrator shall countersign the change order.
2.
The Council shall take whatever steps it determines are necessary
and that it will, in fact, be carried out.
3.
If the Council so determines that the change order is proper, necessary,
and in accordance with law, it shall pass a resolution authorizing
the execution of a written amendatory contract dealing with the change
or changes. The resolution authorizing the change order shall be passed
promptly and not at the completion of the entire project.
[Ord. #874; 1976 Code § 3-105]
a.
The appropriations in the Township budget for 1984 are hereby transferred
to the departments or offices to which the functions, powers and duties
are transferred by the Administrative Code, and the unencumbered balances
thereof shall continue to be available for the objects and purposes
for which they were adopted.
b.
As soon as possible after July 1, the Council shall, by resolution
pursuant to N.J.S.A. 40:4-85 request the Director of Local Government
Services to correct the titles, text or amount of appropriations in
the adopted budget to conform them to the organization set forth in
the Administrative Code; provided that no appropriation for debt service
contingent expenses, deferred charges, statutory expenditures, judgments
or reserve shall be reduced or limited thereby.
[Ord. #875; 1976 Code § 3-106]
Except as otherwise provided herein, all personnel and all records
and property of the Township are transferred to the departments and
offices to which the functions, powers and duties are transferred
by the administration effective July 1, 1984.
[Ord. #875; 1976 Code § 3-106]
Rates of compensation in effect for officers and employees on
July 1, 1984 shall continue until changed by ordinance.
[Ord. #874; 1976 Code § 3-108]
Pension fund membership and rights of officers and employees
shall not be adversely affected by any transfer pursuant to this Code.
The Mayor shall provide by regulation, if necessary, for such records,
contribution controls and other means as will further protect such
pension fund membership and rights.
[Ord. #443; 1976 Code § 49-1]
The Police Department for the Township heretofore established
is and shall continue in existence.
[Ord. #443; 1976 Code § 49-2; Ord. #1286, § I;
Ord. #1479; amended 4-5-2018 by Ord. No. 1828; 7-12-2018 by Ord. No. 1839; 4-16-2020 by Ord. No. 1902]
a.
The Police Department shall consist of as many police officers as
shall be authorized by the Township Council from time to time, all
of whom shall act and be known as police officers for the Township
and members of the Police Department of the Township.
b.
The Mahwah Police Department shall consist of the following positions:
1.
One Chief of Police;
2.
Two Captains;
3.
One Detective
Lieutenant;
4.
Five Lieutenants;
5.
One Detective Sergeant;
6.
Four Sergeants;
7.
Three Detectives;
8.
Thirty-six
police officers;
9.
In addition,
there may be a one-to-one relationship of police officers who are
training to take positions of existing police officers who have given
notice of a specific retirement date, which is not greater than six
months from the date the replacement officer is hired.
c.
In addition, the Police Department may employ personnel and other
employees in order to assist its officers in preserving peace and
good order in the Township.
d.
The positions set forth herein are intended to be a maximum number
of positions. Nothing contained in this section shall require the
Township Council to fill each position to the maximum, as same shall
be left to the sole discretion of the Township Council.
[Ord. #443; 1976 Code § 49-3]
a.
No person shall be appointed an officer or member of the Police Department
of the Township unless he:
1.
Is a citizen of the United States and is a resident of the State
of New Jersey at the time of his appointment.
2.
Is sound in body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of New Jersey
as to his eligibility for membership in the retirement system.
3.
Is able to read, write and speak the English language well and intelligently.
4.
Is of good moral character and has not been convicted of any criminal
offense involving moral turpitude.
b.
Appointment of Veterans of Armed Services.
1.
Anything to the contrary in Subsection a hereof notwithstanding, any person who has served in the armed services of the United States and been discharged or released from such service under conditions other than dishonorable within six months prior to making application to the Township for appointment as a member or officer of the Police Department may be appointed a member or officer of such Police Department if otherwise qualified, notwithstanding that he is not a resident of New Jersey at the time of such application, provided that at the time of making application for such appointment said person signs a notice of intention and agreement to become a resident of New Jersey within six months from the date of appointment.
2.
In the event such appointee fails to become a resident of New Jersey
within the aforementioned six-month period, he shall then cease to
be a member of the Police Department.
3.
The Township Council shall cause to be served on the officer or member
at least 15 days before the expiration of the period of nonresidency
permitted, a notice that he is required to become a resident of New
Jersey within the time mentioned, and in the event such notice is
not given for the officer or member to become a resident of New Jersey,
the time for the officer or member to become a resident of New Jersey
shall be extended until such notice is given.
[Ord. #443; 1976 Code § 49-4; Ord. #902; Ord. #1286,
§§ II, III]
All applicants for appointment as members of the Police Department
of the Township of Mahwah:
a.
Shall not be less than 18 years nor more than 35 years of age at
the time of their appointment.
b.
Shall:
[Amended 10-10-2019 by Ord. No. 1886]
1.
Possess a bachelor degree from an accredited college or university;
or
2.
Have been honorably discharged from active duty from a branch of
the United States Military Service and possess a high school diploma
or equivalency certificate recognized by the Department of Education
of the State of New Jersey; or
3.
Have completed a minimum of four years of law enforcement service
(such as police officer or police dispatcher) at the municipal, county,
state or federal level and possess a high school diploma or equivalency
certificate recognized by the Department of Education of the State
of New Jersey; or
4.
Have graduated from an approved alternate route program at a certified
police academy and possess a high school diploma or equivalency certificate
recognized by the Department of Education of the State of New Jersey.
c.
Shall be of such weight in proportion to height as indicated by the
height-weight tables established by the Army of the United States.
d.
Shall be in possession of a valid New Jersey automobile operator's
license.
[Ord. #443; 1976 Code § 49-5]
No application shall be considered when submitted by any person
who:
a.
Lacks the established qualification requirements.
b.
Is physically, mentally or emotionally unfit to perform the duties
of the position.
c.
Is addicted to the use of drugs or intoxicating liquors.
d.
Has been dismissed from any prior employment for justifiable cause.
e.
Has made false statements of a material fact or practiced or attempted
to practice any deception or fraud in the application, in any test
or in securing eligibility for appointment.
[Ord. #443; 1976 Code § 49-6; Ord. #1007, § 1;
Ord. #1286, § IV]
No person shall become an official member of the Police Department
of the Township of Mahwah unless and until he or she has served a
probationary period of one year after completion of training at a
Township and State approved police training academy and has demonstrated
to the Chief of Police of the Township by written or oral examination
or prior work experience that he or she is qualified and has completed
and passed a physical endurance test as prescribed at the time by
the Chief of Police of the Township. No probationary member shall
be made a permanent member of the Police Department until he or she
has completed all training courses, tests and the one-year period
of probation.
[Ord. #443; 1976 Code § 49-7]
Before entering upon the duties of his office and within 10
days after his appointment, each member of the Police Department of
the Township shall take and subscribe an oath of affirmation to support
the Constitution of the United States and the Constitution of the
State of New Jersey and to faithfully, impartially and justly perform
all the duties of his office, and shall file such oath of affirmation
with the Township Clerk. Upon failure to take such oath, the office
shall be deemed vacant.
[Ord. #443; 1976 Code § 49-8]
The Police Department of the Township shall be under the immediate
charge and direction of the Director of the Department, who is the
Chief of Police subject, however, to the ultimate control of the Township
Council.
[Ord. #443; 1976 Code § 49-9]
The Chief of Police shall be the chief executive officer of
the Police Department and shall obey and shall cause the members of
the Police Department under him to obey the rules and regulations
of the Department adopted by the Township Council, the ordinances
of the Township and the laws of the State of New Jersey and of the
United States of America. He shall be held responsible for the efficiency,
general conduct and good order of the Department and shall promptly
report to the Township Council every case of dereliction of duty coming
in any way to his knowledge and also all complaints made to him against
members of the Department.
[Ord. #443; 1976 Code § 49-10]
Persons shall be appointed as members of the Police Department
by the Township Council upon the recommendation of the Chief of Police.
[Ord. #443; 1976 Code § 49-11]
The regular members of the Police Department shall severally hold their respective office as Township police officers during good behavior, efficiency and residence in the State of New Jersey, except that those members of the Department serving a probationary period shall not be considered regular members of the Police Department, and except further that lack of residence in the State shall not be cause for vacating the office if the lack of residence is in accordance with Subsection 2-16.3b.
[Ord. #443; 1976 Code § 49-12]
The Township Council shall adopt such rules and regulations
for the government of the Police Department and the members thereof
as may, in the Township Council's judgment, be needed for the proper
efficiency of the Department and enforcement of the ordinances of
the Township and the laws of the State of New Jersey and of the United
States of America. The Township Council shall fix and enforce penalties
for the violation of such rules and regulations, and the members of
the Police Department shall be subject to such rules, regulations
and penalties as the Township Council may adopt.
[Ord. #443; 1976 Code § 49-13]
Regular members of the Police Department shall be removed from
office or employment, suspended or disciplined in the manner prescribed
by the Revised Statutes of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-147 et seq.
[Ord. #443; 1976 Code § 49-14]
Each member of the Police Department shall devote his whole
time and attention to the business, work and duties of the department.
While certain hours may be allotted to the members for the performance
of their duties by the Chief of Police, yet at all times they must
be prepared to return for duty immediately upon notice that their
services are required.
[Ord. #443; 1976 Code § 49-15]
The Township Council may employ officers temporarily in case
of emergency or for parts of years where their services are not needed
throughout the entire year, and discharge them at the expiration of
such temporary employment.
[Ord. #443; Ord. #521; 1976 Code § 49-16]
a.
The members of the Police Department of the Township shall receive
such compensation or salary for their respective positions as the
Township Council may determine.
b.
Sick leave. The Township Council hereby delegates to the Chief of
Police the discretion, which shall not be unreasonable or arbitrary,
to supervise and allow leaves of absence with pay, not exceeding three
months, to the members and officers of the Township Police Department
who shall be injured, ill or disabled from any cause, provided that
the examining physician appointed by the Township Council shall certify
to such injury, illness or disability. In the event that a member's
or officer's injury, illness or disability extend beyond three months,
the Chief of Police shall forward the physician's certification and
his recommendation pertaining to further leave of absence with pay
to the Township Council for its approval or disapproval. If the Township
Council approves of continued leave of absence with pay, it shall
then pass a resolution stating the length of time that such leave
shall be extended, up to a total of one year, in accordance with N.J.S.A.
40A:14-137.
[Ord. #159; 1976 Code § 49-17]
a.
Adoption of Statutory Provisions. "An Act Regulating the Hours of
Employment of Uniformed Members of Paid Police Departments in Municipalities
of This State, Uniformed Police Officers Having Supervision and Regulation
of Traffic Upon County Roads, and Uniformed Members of Any County
Park Police System," Chapter 341, Laws of 1948, is hereby adopted
by the Township of Mahwah.[1]
[1]
Editor's Note: For current statutory provisions, see N.J.S.A.
40A:14-132.
[Ord. #1381, § I; Ord. #1528; Ord. #1600; Ord.
#1755; Ord. #1771]
a.
Off-duty police officers may perform police related activities for
private persons or entities such as serving as patrolmen to divert
traffic or as security guards with the prior approval of the Chief
of Police.
b.
The hourly compensation for rates for services under the preceding Subsection a shall be consistent with the provisions of the U.S. Fair Labor Standards Act.
c.
The fees paid by the private persons or entities for off-duty police
officer services shall be paid in advance into the Police Officer
Off-Duty Escrow Fund administered by the Township Escrow Account Clerk.
d.
No off-duty services shall be provided on behalf of any private person
or entity until an advance escrow is deposited. If a person's escrow
account has a balance of less than $500 no services shall be provided
until the escrow fund is replenished.
e.
The initial deposit required for each private person shall be estimated
by the higher of:
1.
The time and a half rate of the highest patrol officer's base pay
according to the Township's Collective Bargaining Agreement or.
2.
The rate being paid to police officers from adjoining municipalities
serving on the same detail with Mahwah Police Officers.
In addition, there will be a 20% administration fee charged
per hour to cover the costs of scheduling, billing vehicle maintenance,
etc.
f.
Upon completion of the services, the private person may request the
Escrow Account Clerk to return the balance of the escrow funds without
interest.
[Ord. #556; 1976 Code § 23-1]
a.
The Mahwah Volunteer Fire Department shall consist of the present
Fire Department, known as Company No. 1, Company No. 2, Company No.
3 and Company No. 4, and as many more companies as the Township Council
of the Township shall from time to time approve by resolution.
b.
The firematic officers of the Fire Department shall consist of one
Chief and two Assistant Chiefs, to be elected as First Assistant Chief
and Second Assistant Chief, respectively.
c.
The Fire Department shall have the right, by a vote or a majority
of the members thereof, to establish rules and regulations for the
governance of the department. However, such rules and regulations
shall in all cases be approved by the Township Council before becoming
effective.
d.
Board of Firematic Officers. The Board of Firematic Officers shall
consist of the firematic officers of the Fire Department, the firematic
officers of each fire company and the President of each fire company
or, in his absence, the Vice President of the fire company. They shall
meet once a month and shall be responsible for the firematic functions
of the department, in accordance with the rules and regulations of
the department.
[Ord. #556; 1976 Code § 23-2; Ord. #1275, §§ I
— IV; amended 12-15-2022 by Ord. No. 1995]
a.
Each company of the Fire Department shall have the following officers:
one Battalion Chief, one Captain and two Lieutenants.
b.
The membership of each company shall be classified as follows: active,
active associate, active exempt, probationary, daytime and junior
firefighter.
c.
Each company of the department shall consist of not more than 100
active members.
d.
Active Membership.
1.
The active membership shall be within the quota of the New Jersey
State Firemen's Association. This class shall be composed of
those persons who joined the company between the ages of 18 and 57,
have passed the physical examination according to the New Jersey State
Firemen's Association standards and who are on quota or are awaiting
selection to the quota by the company at the annual meeting. Failure
to make 60% of one's duty for two consecutive years will constitute
automatic removal from the quota. Any active member shall enjoy the
privilege of holding any firematic office, provided that they qualify
as set forth in the rules and regulations of the Fire Department.
Active members shall have the right to vote on any matter brought
before the company; provided that they qualify as set forth in the
rules and regulations of the Fire Department.
2.
Those persons eligible for the quota who are awaiting openings in
the quota shall be active members of the fire companies.
3.
Hereafter, no person shall be considered an active member of the
Fire Department, nor be entitled to any privileges as such, until
certified by the company to which they have applied for membership
and approved by the Township Council.
e.
Active Associate Member. Any person 41 to 57 years of age, who has
passed a physical examination according to the New Jersey Firemen's
Association standards, is eligible to join as this type of member.
The procedure and qualifications for election to this type of membership
shall be the same as that of an active member. An active associate
member may hold any elective office as per qualifications set forth
in the rules and regulations of the department.
f.
Active Exempt Membership. Any member having received his State and/or
Township exemption may continue to enjoy all the privileges of an
active fireman and shall be required to perform all the duties of
an active fireman in this type of membership. Such members shall be
eligible to vote for and hold any office, provided that they qualify
as set forth in the rules and regulations of the department.
g.
Any person shall be eligible to apply for membership in a fire company
in the Township, provided that the applicant:
1.
Is a citizen of the United States.
2.
Is sound in body and of good health sufficient to satisfy the Board
of Trustees of the Police and Firemen's Retirement System of
New Jersey as to his eligibility for membership in the retirement
system.
3.
Is able to read, write and speak the English language.
4.
Is of good moral character.
5.
Has not been convicted of any criminal offense.
6.
Is between the ages of 18 and 57.
7.
Lives within a five-mile radius of the company they are joining.
h.
Daytime Member. Any person who is employed within the boundaries
of the Township of Mahwah and who is an active member in good standing
in another municipal fire department and who satisfies the requirements
set forth in the Department Rules and Regulations for daytime firefighters.
Daytime firefighters shall not be voting members in any Company and
shall not hold any Department office.
i.
Junior Firefighter Member. Any person at least 16 years of age and
not more than 18 years of age who is a resident of the Township of
Mahwah and who meets the Junior Firefighter's membership requirements
as set forth in the Fire Department Rules and Regulations approved
by the Township Council.
[Ord. #556; 1976 Code § 23-3]
a.
The Chief, First Assistant Chief and Second Assistant Chief of the
Fire Department shall be elected annually by ballot by the members
of the said Fire Department at an election to be held during the month
of November in each year at such meeting place as may be designated
and approved by the Township Council.
b.
The Chief and Assistant Chiefs elected shall be subject to approval
of the Township Council; and, upon confirmation, the term of such
officers shall commence on the first day of January after their election
and continue for a term of one year or until their respective successors
are elected and confirmed. The Department Chief shall not serve more
than two consecutive terms.
c.
The officers of each company shall be elected annually by ballot
by the members of each company at an election to be held during the
month of December in each year at the meeting place of each company
or at such other place as may be designated and approved by the Township
Council.
d.
The firematic officers of each company shall be elected for one year
commencing January 1 following their election. However they shall
not assume their office until their election has been approved by
the Township Council. All officers shall hold office until their successors
are elected and have qualified.
e.
Upon a firematic officer's election by the department or any company,
the Chief of the Fire Department shall promptly submit, in writing,
the name of such officer-elect to the Township Council for approval.
The Township shall indicate, in writing, the Township Council's approval
or disapproval of the officer-elect within 30 days after receipt of
the name from the department; provided, however, that if the Township
Council does not approve the election of the officer-elect, it shall
set forth its reason for such action in writing. Should the decision
of the Township Council not be received within such time, the officer-elect
shall be deemed approved by the Township Council. Upon approval by
either appropriate resolution or the failure of the Township Council
to make a decision within 30 days as hereinabove set forth, said officer-elect
shall be eligible to take the office to which he was elected. Should
the Township Council disapprove the seating of such officer-elect,
the election of such officer-elect shall be set aside, and the department
or company shall conduct a new election meeting within 15 days of
the receipt of written disapproval in the same manner as herein provided
in this subsection for elections generally.
f.
In case the Fire Department or any company shall fail to elect any
firematic officers during the time set forth in this subsection, then
the Township Council shall appoint such officer or officers, and the
officer or officers so appointed shall hold their respective office
or offices until their successor or successors have been duly elected
and have qualified.
[Ord. #556; 1976 Code § 23-4]
a.
Persons who are members of the Mahwah Volunteer Fire Department as of the date of passage of this section shall be recognized as members of the Mahwah Volunteer Fire Department. However, after the final passage and adoption of this section, each applicant for membership shall have the qualifications as set forth in Subsection 2-17.6.
b.
Application blanks shall be in the form prescribed by the New Jersey
State Firemen's Association and shall be completely filled out and
notarized.
c.
Applicants meeting age requirements may qualify for probationary
membership. However, all those over the maximum age of 41 completed
years may qualify for active associate membership only.
d.
Applicants admitted into the company shall be required to complete
a six-month probationary period, as directed in the rules and regulations.
e.
After expiration of the sixth month the officers of the department
shall, as sole judges, determine whether the probationary member has
qualified for active membership. Should he not qualify he shall automatically
be discharged from the department with no right of appeal.
f.
Each active member of the Mahwah Volunteer Fire Department shall
perform 60% of the duties in answering fire alarms, actual attendance
and duty at fires and required drills in each and every year and such
other duties as the Chief and the officers of the department may assign
to him.
g.
Each member of the department shall receive a badge of the Fire Department,
which badge shall remain the property of the department upon the resignation,
removal or suspension of a member from service.
[Ord. #556; 1976 Code § 23-5]
No person or persons, except the members of the Township Council,
shall enter any building housing the fire apparatus and equipment
of the Township or handle any Fire Department equipment, property
or apparatus belonging to the Fire Department, unless authorized to
do so or accompanied by or having the special permission of an officer
or authorized member of the department.
[Ord. #556; 1976 Code § 23-6]
It shall be the duty of the Fire Chief and Assistant Chiefs
to act as liaisons to the Mahwah Fire Prevention Bureau.
[Ord. #556; 1976 Code § 23-7]
a.
The Chief of the Fire Department and the officers thereof are hereby
authorized to extend aid and assistance to neighboring communities,
upon request for fire protection or emergency services, or to establish
a mutual aid system in accordance with the laws of the State of New
Jersey.
b.
In the event of an emergency, the Chief or head of any municipal
Fire Department or force or the Mayor or chief executive officer of
any municipality may request, from the Chief or head of the Fire Department
or force of any other contiguous municipality, assistance to protect
life and property outside the normal territorial jurisdiction of the
department to which such request is directed.
c.
The Chief or head of the Fire Department or force upon whom such
a request for assistance is made shall provide such personnel and
equipment as requested to the extent possible without endangering
persons or property within its own municipality.
d.
Any municipality receiving assistance shall pay to the Fire Department
or force providing the assistance a sum computed at the rate of $3
for each member and $35 for each equipped fire apparatus for each
hour supplied, unless terms and conditions for payment are otherwise
provided for in an agreement between the several municipalities. This
provision shall not be construed as to require the assessment of monetary
charges, but rather to only permit same if the Township Council deems
it appropriate, pursuant to the recommendation of the Board of Firematic
Officers.
e.
Volunteer Fire Departments shall be required to respond to such requests
for assistance only to the extent that they have agreed to do so in
an agreement with a paid Fire Department or force or a municipality.
f.
If any member or officer of such other Fire Department or force in
rendering such assistance shall suffer any casualty or death, he or
his designee or legal representative shall be entitled to all salary,
pension rights, workmen's compensation and other benefits as if such
casualty or death occurred in the performance of his duties in his
own municipality or other jurisdiction in which his duties are normally
carried on.
[N.J.S.A. 34:15-17 et seq.]
a.
Insurance.
1.
In order to provide adequate compensation for injury for members
of the Fire Department, the Township Council shall provide the following
insurance coverages; and the Township Clerk shall notify, by January
31 of each year, in writing, the Chief of the Department that such
coverage has been effected under this subsection.
(a)
Employee's liability insurance coverage, in accordance with
the Workmen's Compensation Act
(b)
Supplementary accident insurance coverage in order to provide
additional weekly compensation for a permanent and partial disability
and a lump sum amount for loss of life or permanent or partial disability.
2.
The Township Council shall provide adequate liability insurance covering
the operation of all department's vehicles and its authorized drivers
and shall also endeavor to provide liability coverage for the use
and maintenance of buildings and equipment owned or used by the department.
The Township Clerk shall notify the Chief of the Department, in writing,
by January 31 of each year that coverage has been effected under this
subsection.
b.
Compensation. The Township Council may also provide suitable compensation
to members of the department for loss of clothing and other personal
effects suffered in line of duty. The members will be required to
attend a specified number of fires, fire drills and other duties as
may be set annually by the Township Council. Such drills and duties
shall be more specifically defined by the department officers and
approved by the Township Council.
[Ord. #556; 1976 Code § 23-8]
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
a.
AUTHORIZED EMERGENCY VEHICLE
FIRE CHIEF
FIRE OFFICIAL
Definitions. As used in this subsection:
Shall mean any vehicle which is defined as and is authorized
to be used as an emergency vehicle under the laws of the State.
Shall mean Chief, the Assistant Chief or other officers of
the Township Fire Department representing the Chief.
Shall mean a person certified by the Commissioner of the
Department of Community Affairs and appointed or designated to direct
the enforcement of the Fire Codes by the appointing authority of a
local enforcing agency and also means all certified Fire Inspectors
working under the direction of the Fire Official.
b.
Authority at Fires and Other Emergencies. The Fire Chief or his duly
authorized representatives, as may be in charge at the scene of a
fire or other emergency involving the protection of life or property,
is empowered to direct such operations as may be necessary to extinguish
or control any suspected or reported fires, gas leaks, or other hazardous
conditions or situations or of taking any other action necessary in
the reasonable performance of their duty. The Fire Chief may prohibit
any person, vehicle or object from approaching the scene and may remove
or cause to be removed from the scene any person, vehicle or object
which may impede or interfere with the operations of the Fire Department.
The Fire Chief may remove or cause to be removed any person, vehicle
or object from hazardous areas. All persons ordered to leave a hazardous
area shall do so immediately and shall not re-enter the area until
authorized to do so by the Fire Chief.
c.
Emergency Vehicle Operation. The driver of any emergency vehicle, as defined in Subsection a of this subsection, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from a fire. Tactical strategies such as, but not restricted to, "move-ups" do not constitute an emergency call. The driver of an emergency vehicle may:
1.
Park or stand irrespective of the provisions of existing traffic
regulations;
2.
Proceed past a red or stop signal or other sign, but only after slowing
down as may be necessary for safe operation;
3.
Exceed the posted speed limit so long as he does not endanger life
or property;
4.
Disregard regulations governing direction of movement or turning
in specified directions;
5.
The exemptions herein granted to an emergency vehicle shall apply
only when the driver of any such vehicle while in motion sound audible
signal by bell, siren, or exhaust whistle as may be reasonably necessary,
and when the vehicle is equipped with at least one lighted lamp displaying
a red light visible under normal atmospheric conditions from a distance
of 500 feet to the front of such vehicle.
d.
Public Water Supply. The Fire Chief/Official shall recommend to the
Mayor and Township Council the location or relocation of new or existing
fire hydrants and the placement or replacement of water mains located
upon public and private property as deemed necessary to provide an
adequate fire flow and distribution pattern. A fire hydrant shall
not be placed in or removed from service until approved by the Fire
Chief/Official.
[Ord. #556; 1976 Code § 23-10]
The respective fire companies housed in their respective buildings
shall have exclusive control over the use of the headquarters and
building for all purposes, subject to the approval of the Township
Council.
[Ord. #556; 1976 Code § 23-11]
a.
Infractions. In the event that any member of the Fire Department
violates this Fire Department Ordinance of the Township, a duly posted
general order of the Chief of the Fire Department or any of the following
rules and regulations, he will be subject to disciplinary action:
1.
Refusal to obey a direct order by an officer.
2.
Insubordination.
3.
Unsafe practices.
4.
Violation of the New Jersey motor vehicle laws when using fire apparatus.
5.
Striking an officer or other fireman during a drill, fire or other
firematic function.
6.
Dereliction of duty.
7.
Action unbecoming a member of the Fire Department.
8.
Conviction of a felony.
b.
Complaints.
1.
Anyone witnessing an infraction of this Fire Department Ordinance
of the Township, the rules and regulations adopted by the Fire Department
or the duly posted general orders of the Chief, by a member of the
Fire Department while on fire duty, during a training session or drill,
or any dereliction of duty, or for good cause at any time, may file
a written, signed complaint thereof with the Chief of the Fire Department.
Each member complained of shall be considered as a separate complaint.
2.
Each complaint must include the name of the member complained of,
the date, time and location of the occurrence and a description of
the incident. The complaint must be filed within 15 days of the date
of the discovery of the incident. The postmarked date of a mailed
complaint shall be considered as the filing date.
3.
Anyone having knowledge or information concerning a crime and who
withholds that information will become an accessory to the fact and
will be subject to disciplinary and criminal proceedings.
c.
Procedure.
1.
Notice. Upon receipt of a complaint, the Chief or, if he is disqualified,
the next ranking firematic officer shall, before notifying the firematic
officers of the Department and companies, as well as the President
of each company, and before any action whatsoever is taken thereon,
mail a copy of the complaint to the member complained of. This shall
be done by certified mail and the date of the certified receipt shall
constitute the date of notice. Should the Chief initiate and file
a complaint, he must notify the member complained of before any action
whatsoever is taken thereon.
2.
Informal Hearing. Within 10 days following the date of receipt of
the complaint, the Chief shall call for an informal hearing before
the company firematic officers and the President of the company involved,
at which time the person making the complaint and the member being
complained of may be heard. At the completion of this hearing, and
if a majority of the company and firematic officers and President
of the company involved present are of the opinion that the complaint
is serious enough to warrant a formal hearing, the Chief shall schedule
such hearing within 30 days of the date of this decision.
3.
Formal Hearing. The member complained of shall receive at least seven
days' notice prior to the formal hearing. Witnesses may appear and
be heard and all proper evidence presented must be considered. Should
the member complained of fail to appear at this hearing, without good
cause shown, the complaint shall be considered prima facie evidence
of the facts contained therein.
d.
Disposition of Complaints.
1.
Dismissal of Complaint. If a majority of the company firematic officers
find a complaint not justified they shall dismiss same. In the event
of a tie vote, the complaint shall be dismissed.
2.
3.
Formal Hearing Disposition. If, in the opinion of a majority of the
firematic officers and the President of the company involved, a complaint
warrants the dismissal of a member from the Fire Department, they
shall notify the Chief of the Fire Department. Thereafter, the Chief
shall schedule a closed Department hearing before the entire Board
of Firematic Officers and the President of each company. This hearing
shall be held within 60 days of the date of the incident complained
of.
4.
The Chief shall preside at all Department hearings, except when he
files the complaint being considered, in which case the next ranking
member of the Fire Department shall preside.
5.
There shall be a jury present at each closed department hearing,
consistent of the firematic officers of the companies of the Fire
Department and the President of each company. Each member of the jury
shall have one vote and a majority vote of the same shall decide each
case. There shall be at least six jury officers present before a case
may be heard. In the event of a tie vote, the presiding officer shall
cast the deciding vote.
6.
The member complained of shall be entitled to counsel by anyone he
chooses, and this person shall be recognized as the defendant's legal
counsel for the purposes of this hearing.
7.
Witnesses may appear, give testimony and be questioned, and all proper
evidence presented must be considered. The Chief of the Fire Department
shall arrange for a transcript of the proceedings.
8.
After due consideration of all the evidence submitted and/or developed
during the hearing, the jury shall retire in private to deliberate
and, by secret ballot, vote on the case before it. It may return one
of three decisions:
9.
The member complained of shall be notified in writing within three
days of the decision.
10.
A verdict of dismissal must be approved by the Mayor and Township
Council after a review of the complaint and the transcript of the
formal hearing.
11.
If the member complained of is found guilty at a formal hearing,
or if a Chief is found guilty at a formal hearing or a hearing before
the Township Council, he shall be responsible for the payment of the
Township Attorney's fees and the cost of the transcript. If the member
complained of is found not guilty, the Township will bear responsibility
for the aforesaid costs.
e.
Appeals.
1.
Any member aggrieved by the actions of the firematic officers at
an informal hearing shall have the right to a de novo, formal hearing.
Such appeal shall be taken by filing a written appeal with the Chief
of the Fire Department within seven days after notice of the decision
of the officers of the informal hearing. The Chief shall set a time
and place for a formal hearing within 30 days of the appeal, giving
the appellant at least seven days' notice of the formal hearing.
2.
Any member aggrieved by the actions of the firematic officers at
a formal hearing shall have the right to a de novo hearing before
the Township Council. Such appeal shall be taken by filing a written
appeal with the Township Clerk within seven days after the notice
of the decision of the officers at the formal hearing. The Mayor shall
set a time and place for the hearing within 30 days of the appeal,
giving the appellant at least 15 days' notice of the hearing.
f.
Complaints by Citizens to Mayor and Township Council. Any complaint
received by the Mayor and Township Council against any member of the
Fire Department, except the Chief, shall be forwarded immediately
to the Chief of the Fire Department and may not be made public.
g.
Complaints Against the Chiefs of the Fire Department.
1.
Complaints against the Chief, First Assistant Chief or Second Assistant
Chief of the Fire Department which involve matters concerning the
conduct of the Fire Department matters or the conduct of the Chiefs
of the Fire Department as members of the department shall be filed
and processed in accordance with the procedures prescribed by this
section. However, the disposition of the complaint shall be resolved
only by a formal hearing before the firematic officers of the departments
and companies as well as the President of each company.
2.
In the event that a complaint against any of the Chiefs of the Fire
Department concerns a matter unrelated to the conduct of Fire Department
or the conduct of the Chiefs as members of the Fire Department, the
Township Council shall notify the Chief complained of before any action
whatsoever is taken thereon.
3.
Within 15 days following the date of receipt of the complaint, the
Mayor shall call for a closed hearing before the Township Council.
This hearing shall be held within 60 days of the date of the incident
complained of. The Chief complained of shall be entitled to counsel
by anyone he chooses, and this person shall be recognized as the defendant's
legal counsel for the purposes of this hearing. Witnesses may appear,
give testimony and be questioned, and all proper evidence presented
must be considered by the Township Council. The Mayor shall arrange
for a transcript of the proceedings.
4.
Decision.
(a)
After due consideration of all evidence submitted and/or developed
during the hearing, the Township Council shall deliberate and return
one of three decisions within two weeks of the hearing:
(b)
The Chief complained of shall be notified in writing within
three days of the Township Council's decision.
5.
In the event that a complaint against any of the Chiefs of the Fire
Department shall involve facts concerning the conduct of Fire Department
matters or the individual conduct of the Chiefs as members of the
Fire Department and, in addition, give rise to an inference that felony
may have been committed, it shall be processed in the following manner:
(a)
The Fire Department, in accordance with the provisions of this
section, shall take action on the complaint insofar as it involves
the conduct of Fire Department matters or the conduct of any Chief
as a member of the Fire Department.
(b)
Insofar as any evidence or information shall exist indicating
the commission of a felony, the Township Council shall forward same
to the Police Chief of the Township for his action. In the event that
the prosecutor, in his discretion, refrains from instituting litigation,
the Township Council shall abide by the Fire Department's disposition
of the complaint.
[Ord. #556; Ord. #824; 1976 Code § 23-12]
Unless another penalty is expressly provided by New Jersey Statute
or except as specifically provided in some other section of this code,
every person convicted of a violation of a provision of this section
or any supplement thereto, shall be liable to a penalty of not less
than $25 nor more than $500 or by imprisonment not to exceed 90 days,
or both such fine and imprisonment.
[Ord. #1302, §§ 1 — 5; Ord. #1451; Ord.
#1734]
a.
A Length of Service Awards Program (LOSAP) is herewith created in
accordance with Chapter 388 of the Laws of 1997, to reward members
of the volunteer firefighters and ambulance squad members for their
loyal, diligent, and devoted services to the residents of Township
of Mahwah.
b.
The LOSAP shall provide for fixed annual contributions to a deferred
income account for each volunteer member that meets the criteria set
forth below; that such contributions shall be made in accordance with
a plan that shall be established by the Township of Mahwah 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 U.S. Internal
Revenue Code, and this section.
c.
d.
The estimated cost of the program has been calculated as follows:
For regular annual services: $200,000 per year.
e.
Each active volunteer member shall be credited with points for volunteer
services provided to the volunteer fire company/ambulance squad in
accordance with the following schedules:[2]
1.
Fire Department - See Schedule A.
2.
Ambulance and Rescue Squad - See Schedule B.
3.
Ambulance Corps. No. 4 - See Schedule C.
4.
Mahwah Emergency Medical Services - See Schedule D.
[Amended 9-23-2021 by Ord. No. 1947]
[2]
Editor's Note: The schedules referred to herein may be found
as attachments to this chapter.
[Added 10-13-2022 by Ord.
No. 1990]
a.
There shall be a stipend program ("Program") established to compensate
volunteer firefighters of the Mahwah Township Volunteer Fire Department
("Department") for their loyal, diligent and devoted service to the
residents of Mahwah Township. The Program shall be implemented and
monitored by the Township Administrator in consultation with the Township
Chief Financial Officer.
b.
The Program shall apply only to volunteer firefighters of the Department
who are assigned to and riding an emergency vehicle that are mask
fit and/or driver certified.
c.
Auxiliary and affiliate members of the Department are not eligible
for the Program.
e.
Nothing in the Program is intended to change the status of the Department,
it being the intent and purpose herein that the Department shall remain
a volunteer organization.
f.
The stipend for each eligible volunteer member shall be per the criteria set forth in Subsection 2-17B.2.
g.
Payment shall be made directly to the eligible member.
i.
Quarterly payments shall be made in accordance with standard Township
payroll procedures.
[Added 10-13-2022 by Ord.
No. 1990]
a.
The Program shall provide for a quarterly stipend for each volunteer
member who meets the criteria set forth below. Such stipend shall
be made in accordance with a plan that shall be established by the
Township, and administered in accordance with the laws of the State
of New Jersey, and U.S. Internal Revenue Code and this chapter.
b.
Firefighters suspended from the Department are not eligible for the
quarterly stipend. They will become eligible to receive a stipend
at the beginning of the next quarter following the conclusion of their
suspension.
c.
Firefighters on medical or military leave are not eligible for the
stipend during the time of their leave, but will become eligible immediately
upon their return to service.
d.
Firefighters who join the organization during the quarter will become
eligible to receive a stipend at the beginning of the next quarter.
e.
The Township Administrator, in consultation with the Fire Chief and
Stipend Administrator, shall have the authority to approve payment
of the quarterly stipend to an active volunteer member due to extraordinary
and/or exceptional circumstances.
f.
Member categories are as follows:
1.
Driver. A Driver is an authorized firefighter in compliance with
Department and State requirements to drive an apparatus. Drivers must
maintain a current Mask Fit Record and the required annual Bloodborne
and Right-to-Know certifications.
2.
Firefighter. A firefighter holds a minimum State Fire 1 Certification
from the N.J. Division of Fire Safety and a current Mask Fit Record.
Firefighters must complete SCBA, Ladder, Bloodborne, Right-to-Know
and Mask Fit certifications annually.
3.
Junior Member. Junior members are those members who are age 16 and
over and approved by the Council as Junior firefighters. Junior members
are required to provide and consent letter signed by a parent or guardian
that allows them to participate in the Program.
g.
Firefighters must complete and pass a Mask Fit test and SCBA recertification
within the first quarter of the year, or within their first quarter
of membership for new members, to be eligible for a quarterly stipend.
h.
Firefighters must track their attendance in the Department-approved
attendance database to be eligible for the Program.
i.
Only riding members will be eligible for the Program. A riding member
is one who responds to calls for service with the intent of filling
a sear on an apparatus and has adhered to applicable State, Township,
and Department regulations. Personal vehicles qualify as an approved
apparatus for Battalion Chiefs only.
j.
The Department Chief and two Assistant Chiefs are not eligible for
the Program.
[Added 10-13-2022 by Ord.
No. 1990]
a.
The Department shall maintain sufficient records suitable to the
Township to provide for the maintenance of the Program and to ensure
accurate and complete reporting of volunteer attendance.
b.
It shall be the duty of each Battalion Chief to see that attendance
records for their company are recorded accurately and transferred
to the Chief of Department and Stipend Administrator. At the completion
of each quarter, the Battalion Chief shall run a quarterly report
from the attendance system and compile all necessary paperwork (including,
but not limited to, W4, SCBA qualifications and Mask Fit records)
to be submitted to the Township. It will then be determined which
members are eligible to receive the quarterly stipend.
c.
Quarterly stipend results, per Fire Company, will be communicated
to the members of each Company before they are submitted to the Chief
of Department and Stipend Administrator. Members who do not agree
with the monthly totals will be referred to the Stipend Administrator.
If a member disagrees with the calculations by the Stipend Administrator,
they may appeal to the Fire Chief for resolution. The Fire Chief will
review and conduct an audit of all documentation and confer with the
Township Administrator prior to rendering a decision.
[Added 10-13-2022 by Ord.
No. 1990]
a.
The Fire Chief shall appoint a Stipend Administrator. The Stipend
Administrator shall be compensated at $2,000 per year. The term of
the Stipend Administrator shall be for the calendar year, from January
1 to December 31 of the given year.
b.
The Stipend Administrator shall receive, acknowledge the receipt
of, and review quarterly records from each Battalion Chief, maintain
records and files of eligible members, and prepare quarterly reports.
c.
The Stipend Administrator shall submit to the Township's Finance
Department a quarterly report for payment to eligible members, on
or before April 30, July 31, October 31 and January 31.
d.
The Stipend Administrator shall provide a quarterly report to each
Battalion Chief listing each member's calculated quarterly totals.
The quarterly report shall be posted by each Battalion Chief at the
emergency response building.
[Added 10-13-2022 by Ord.
No. 1990]
The payment of any stipend does not change the status of any
volunteer firefighter. Firefighters are not employees of the Township.
Stipend payments shall conform to the Fair Labor Standards Act of
1938 (FLSA) requirements as set forth by interpretation guidance promulgated
by the United States Department of Labor (DOL) and the New Jersey
Department of Labor and Workforce Development (NDOL).
[Added 10-13-2022 by Ord.
No. 1990]
Nothing in the Program will entitle any Firefighter to health
and prescription benefits, pension or other like benefits provided
by the Township to employees.
[Added 10-13-2022 by Ord.
No. 1990]
Any person who is a member of the Department will be eligible
to earn stipends from all organizations, given they meet the requirements
herein.
[Added 10-13-2022 by Ord.
No. 1990]
Employees of the Township who are also volunteer firefighters
are eligible to earn a stipend while performing such volunteer services
during regular work hours.
[Added 10-13-2022 by Ord.
No. 1990]
Active Firefighters who do not wish to receive or participate
in the Program have the option to opt out of the program. The Firefighter
will be required to complete the Department Opt-Out paperwork and
submit it to their Battalion Chief, who will keep the form on file
and notify the Stipend Administrator.
[Added 10-13-2022 by Ord.
No. 1990]
a.
The payment distribution plan will be set forth by the Department
with the approval of the Township Business Administrator (see Schedule
A).
|
SCHEDULE A
STIPEND PAYMENT DISTRIBUTION PLAN
| |
|---|---|
|
MAHWAH TOWNSHIP VOLUNTEER FIREFIGHTER STIPEND PROGRAM
| |
|
Criteria for payment of the quarterly stipend to active volunteer
members shall be in accordance with the following schedule:
| |
|
1. $20 per call between the hours of 6:00 a.m. and 10:00 p.m.
| |
|
2. $40 per call between the hours of 10:00 p.m. and 6:00 a.m.
| |
|
Day and night calls will be determined by the initial dispatch
time of the call.
|
b.
Any change to the payment distribution plan must be voted on at the
Board of Firematic Officers Meeting and submitted to the Township
Council for approval. Changes will take effect the next stipend period.
[Added 10-13-2022 by Ord.
No. 1986]
There is hereby established the Associate Diver Program within
the Mahwah Fire Department's Rescue 1 Dive Rescue and Recovery
Team. Associate Team Members (ATMs) shall consist of persons who meet
the membership qualifications set forth below.
[Added 10-13-2022 by Ord.
No. 1986]
The purpose of the Associate Diver Program is to allow volunteer
drivers to join the Rescue 1 Dive Rescue and Recovery Team and become
Associated Team Members (ATM) without having to complete firefighter
training.
[Added 10-13-2022 by Ord.
No. 1986]
ATMs must satisfy each of the following Mahwah Fire Department
application requirements and be approved by the Township Council:
1.
Complete Rescue 1 ATM application.
2.
Be 18 years of age or older.
3.
Pass the required diver physical and provide proof of the medical
doctor conducting the exam signing off that the diver is medically
fit to dive. ATMs must be current with hepatitis and tetanus vaccinations.
4.
Possess a valid open water diver certification card from a nationally
accredited institute.
5.
ATMs are exempt from Fire Department FF1 Certification requirements.
[Added 10-13-2022 by Ord.
No. 1986]
New ATMs shall serve a probationary period of one year, during
which the ATM must satisfy the following requirements:
1.
Maintain a 75% meeting and drill percentage during the probation
year. If the ATM fails to meet this requirement, excluding medical
or personal leave of absences, their membership status is forfeited.
ATMs may request a meeting with the Membership Committee if membership
becomes an issue.
2.
Demonstrate a working knowledge in the team Standard Operating Guideline
(SOG) and equipment to the Rescue Captain and Dive Coordinator.
3.
Demonstrate proficiency in all tender operations and skills prior
to becoming an active diver.
[Added 10-13-2022 by Ord.
No. 1986]
All ATMs shall serve on a volunteer basis without compensation
from the Township, ATMs not subject to LOSAP.
[Ord. #451; 1976 Code § 19-1]
Pursuant to the provisions of the Revised Statutes of the State
of New Jersey,[1] there is hereby established an Environmental Commission
for the protection, development and use of natural resources, including
water resources, located within the Township.
[1]
Editor's Note: The current statutory provisions for an Environmental
Commission are contained in N.J.S.A. 40:56A-1 et seq.
[Ord. #451; 1976 Code § 19-2; New; amended 6-17-2021 by Ord. No. 1937]
a.
The Environmental Commission shall consist of seven members, who
shall serve without compensation and who shall be appointed by the
Mayor. All of such members shall be residents of the Township and
one of such members shall also be a member of the Planning Board.
The Mayor shall designate one of such members to serve as Chairman
and presiding officer of the Environmental Commission.
b.
The initial terms of office of the first Commissioners shall be for
one, two or three years to be designated by the Mayor in making such
appointments in the following manner: Two of such members shall be
appointed for terms of one year, two of such members shall be appointed
for terms of two years, and three of such members shall be appointed
for terms of three years. The term of each such member shall expire
on December 31 of the last year of each such member's term and upon
the appointment and qualification of such member's successor. The
terms of appointment of succeeding Commissioners shall be for three
years each, to expire on June 30 of the last year of such succeeding
Commissioner's term and upon the appointment and qualification of
such member's successor.
c.
The Mayor may appoint not more than two alternate members, who shall
be designated at the time of appointment as "Alternate No. 1" and
"Alternate No. 2." The terms of the alternate members shall be for
two years, except that the terms of the alternate members first appointed
shall be two years for Alternate No. 1 and one year for Alternate
No. 2 so that the term of not more than one alternate member shall
expire in any one year. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
An alternate member 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 first.
d.
The Mayor or Township Council may remove any member or alternate
member of the Commission for cause, on written charges served upon
such member and after a hearing thereon, at which hearing the member
shall be entitled to be heard in person or by counsel. A vacancy on
such Environmental Commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
[Ord. #451; 1976 Code § 19-3; New]
a.
The Environmental Commission shall have power to conduct research
into the use and possible use of the open land areas of the municipality
and may coordinate the activities of unofficial bodies organized for
similar purposes, and may advertise, prepare, print and distribute
books, maps, charts, plans and pamphlets which in its judgment it
deems necessary for its purposes.
b.
It shall keep an index of all open areas, publicly or privately owned,
including open marshlands, swamps and other wetlands, in order to
obtain information on the proper use of such areas, and may from time
to time recommend to the Planning Board or to the Mayor and Township
Council plans and programs for inclusion in the Mahwah Master Plan
and the development and use of such areas.
c.
The Environmental Commission shall exercise and discharge all the
duties formerly exercised by the Shade Tree Commission.
[Ord. #451; 1976 Code § 19-4]
a.
The Environmental Commission may, subject to the approval of the
Township Council acquire property, both real and personal, in the
name of the Township, by gift, purchase, grant, bequest, devise or
lease, for any of its purposes and shall administer the same for such
purposes subject to the terms of the conveyance or gift.
b.
Such an acquisition may be to acquire the fee or any lesser interest,
development right, easement (including conservation easement), covenant
or other contractual right (including a conveyance on conditions or
with limitations or reversions) as may be necessary to acquire, maintain,
improve, protect, limit the future use of or otherwise conserve and
properly utilize open spaces and other land and water areas in the
Township.
[Ord. #451; 1976 Code § 19-5]
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report to the Township Council.
[Ord. #451; 1976 Code § 19-6]
The Township Council may appropriate funds for expenses incurred
by the Environmental Commission. The Environmental Commission may
appoint such clerks and other employees as it may require and as shall
be within the limit of funds appropriated to it.
Editor's Note: The Municipal Pool Commission previously codified in § 2-19 was repealed by Ord. No. 1954. History includes Ord. No. 1759.
[Ord. #195; 1976 Code § 29-1]
There is hereby created in and for the Township a Board of Health
consisting of seven members appointed by the Mayor.
[Ord. #195; 1976 Code § 29-2]
The term of office of each member shall be for a period of four
years or until such time as a successor shall qualify.
[Ord. #195; 1976 Code § 29-3]
Any vacancy on the Board of Health shall be filled in the same
manner as the original appointment was made but for the unexpired
portion of the term only.
[Ord. #195; 1976 Code § 29-4; New]
The Board of Health shall organize on the first day of July
of each year or within such time as prescribed by statute. At such
time, it shall elect a President and appoint a Secretary to the Board.
In addition, the Board shall appoint, on the day of its organization,
a place, day and hour for the hearing of complaints, reports and general
business, and shall cause notice of the same to be published in the
Township newspaper or a paper circulating in the Township. At least
one regular meeting shall be held in each year. Special meetings may
be called at any time by the President of the Board or by the State
Department of Health.
[Ord. #195; 1976 Code § 29-5]
For attendance at meetings, Board members shall be allowed remuneration
fixed by statute.[1]
[1]
Editor's Note: See N.J.S.A. 26:3-13.
[Ord. #195; 1976 Code § 29-6]
The Board of Health established hereby shall have all the powers
and duties granted to it by the Revised Statutes of the State of New
Jersey or by ordinances and resolutions of the Township.[1]
[1]
Editor's Note: See N.J.S.A. 26:3-31.
[Ord. No. 2016-1778; Ord. No. 2016-1780]
There is hereby established within the Township The Access for
All in Mahwah Commission.
[Ord. No. 2016-1778; Ord. No. 2016-1780]
The Access for All in Mahwah Commission shall consider, deal
with and provide advice and counsel to the Mayor and Council of the
Township of Mahwah as to the concerns of disabled or access challenged
persons, barrier-free facilities, recreational opportunities, employment
practices and the like and general and specific compliance with the
requirements of the Americans With Disabilities Act and any appropriate
legislation dealing with the subject matter thereof. The Commission
shall explore, develop and coordinate educational and social activities
within the Township in partnership with other organizations and municipalities,
that are considered beneficial for residents with disabilities.
[Ord. No. 2016-1778; Ord. No. 2016-1780; Ord.
No. 2018-1821]
a.
The Access for All in Mahwah Commission shall be constituted to meet
at least quarterly, shall by a majority vote select a chairman to
serve for a one-year period, such selection to be made each year,
and shall act pursuant to by-laws to be created by the Commission
and adopted by a majority vote thereof within 90 days from the formation
of The Access for All in Mahwah Commission and approved by the Township
Council.
b.
The record of proceedings of Commission meetings shall be kept, and
such record, as well as any recommendations or advice of the Commission
to the Mayor and Township Council, which shall be provided to the
Mayor and Township Council no later than 60 days after each meeting.
c.
All actions shall be passed by a majority vote of a quorum of the
public members. A quorum shall be defined as public members of the
Commission, which shall not include the representatives of the Fire
Department, Police Department, Department of Public Works, Emergency
Service, Township Clerk, Council Liaison, and member of School Board.
[Amended 6-27-2019 by Ord. No. 1877]
[Ord. No. 2016-1778; Ord. No. 2016-1780; amended 6-27-2019 by Ord. No. 1877]
a.
Twenty voting members, of which at least one shall be from the Fire
Department, Police Department, Department of Public Works, Emergency
Service, the Township Clerk, a Council Liaison and a member of the
School Board in addition to residents of the Township with disabilities,
or parents of a child with a disability or a resident family member
who is the caregiver of a person with a disability. Appointments shall
be made by the Mayor with the consent of a majority of the Council
except for the Council Liaison to be appointed by the Council.
b.
The specific appointments to the aforesaid Commission shall be made
by the Mayor with the consent of the Township Council for three-year
terms except for the Council Liaison which shall be a one-year appointment
by the Council. Initial terms shall be staggered as follows:
c.
The Commission shall have the right to appoint volunteer, nonvoting
members. The Commission may appoint as many of these members as is
deemed appropriate.
[Ord. No. 2016-1778; Ord. No. 2016-1780]
The Commission shall have the right to solicit corporate sponsors
to underwrite programs. All sponsorships and associated details shall
be approved by the Council. Funds raised through solicitations must
be earmarked for specific purposes and the Commission must provide
a full annual accounting of same.
[Added 10-10-2019 by Ord. No. 1885; amended 2-10-2022 by Ord. No. 1962]
There is hereby established within the Township of Mahwah an
advisory Beautification Committee. The purpose of the Committee is
to provide advice and counsel to the Mayor and Township Council regarding
the preservation and improvement of the aesthetics and visual appearances
of all properties within the Township of Mahwah and to promote projects
which will make the Township a more aesthetically beautiful place
to live and work.
[Added 10-10-2019 by Ord. No. 1885; amended 2-10-2022 by Ord. No. 1962]
a.
The Beautification Committee shall have nine members who shall be
appointed by the Mayor with the advice and consent of the Township
Council to three-year terms with a commencement date of January 1.
b.
The Council shall fill the vacancies of four members and one alternate
on January 1 of each odd-numbered calendar year, or as soon thereafter
as appointments are made.
c.
The Council shall fill the vacancies of three members and one alternate,
on January 1 of each even-numbered calendar year thereafter as appointments
are made.
d.
Any vacancies occurring shall be filled for the unexpired term only.
e.
The membership of the Committee shall select a Chairperson to serve
a one-year term by a vote of a majority of its authorized membership.
f.
The Committee shall have the right to appoint up to five volunteer,
nonvoting members.
[Added 10-10-2019 by Ord. No. 1885; amended 2-10-2022 by Ord. No. 1962]
a.
The Beautification Committee shall meet at least quarterly with a
quorum of the fully authorized voting members.
b.
The Beautification Committee shall meet with residents, property
owners and business representatives of the Township to develop plans
and projects for the aesthetic improvement of the Township.
c.
The Beautification Committee shall coordinate with the Township Administration
and the Department of Public Works in the performance of its recommended
projects.
d.
The Beautification Committee shall assist the Township with the implementation
of small scale projects including, but not limited to, plantings,
painting and minor repairs.
e.
The Beautification Committee shall file an annual written report
to the Mayor and Council at the end of each year.
[Added 10-10-2019 by Ord. No. 1885; amended 2-10-2022 by Ord. No. 1962]
a.
There shall be an annual amount budgeted for beautification purposes
within the Department of Public Works for the purpose of implementing
the recommendations of the Beautification Committee.
b.
The Township may establish a dedicated fund for receipt of monetary
donations solicited by the Beautification Committee specifically for
beautification purposes. The Beautification Committee may also solicit
and receive donated material and in-kind services. All donations shall
be approved the Township Council.
[Ord. #1637, § 1]
Fees are hereby established for the following:
a.
Initial and annual renewal fee for clothing donation bins: $25 per
application.
[Ord. #317; 1976 Code § 104.1]
The following charges for services rendered by the Police Department
of the Township of Mahwah are hereby established and fixed as follows:
a.
For a photograph of each single-sided report or record form, $2 per
copy; of each double-sided report or record form, $3 per copy.
b.
For each individual set of fingerprints, consisting of from one to
three cards, taken for the benefit of other than law enforcement or
governmental agencies, $1 per set.
c.
For letters attesting to length of residence in the Township, character,
criminal record checks and the like, $1 per copy.
d.
For processing applications for permits to carry concealed weapons,
including the taking of three photographs of applicant, $5.
e.
For each eight-by-ten enlargement of a police photograph, $5.
f.
For each passport-size identification photograph, $3.
[Ord. #1419, § II; Ord. #1425, § I; Ord.
#1540]
a.
If a price has not been established by law for copies of any public
records, as defined by the New Jersey Public Access Law, the custodian
of such records shall make and supply copies of such records upon
the payment of the actual cost of duplicating the record which shall
be the cost of materials and supplies used to make a copy of the record,
but shall not include the cost of labor or other overhead expenses
associated with making the copy.
b.
For printed records, the following fees shall be based upon a total
number of pages or parts thereof to be purchased without regard to
the number of records being copied. The fees for printed records shall
be as follows:
[Amended 6-13-2019 by Ord. No. 1861]
|
8 1/2 inches by 11 inches
|
$0.05 per page
|
|
11 inches by 14 inches
|
$0.07 per page
|
|
Oversized copies
|
$3 per page
|
c.
. Whenever the nature, format, manner of collation, or volume of
a government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this section is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or involves an extraordinary expenditure of time and
effort to accommodate the request, the Township may charge, in addition
to the actual cost of duplicating the record, a special service charge
that shall be reasonable and shall be based upon the actual direct
cost of providing the copy or copies. The requester shall have the
opportunity to review and object to the charge prior to it being incurred.
[Ord. #1348, § I; Ord. #1735]
A service charge in the amount of $20 may be imposed on any
taxes, fees or other charges due to the Township of Mahwah where a
check, draft, Automatic Clearing House (ACH) payment, wire transfer
or other form of electronic payment has been submitted to the Township
toward the payment of such taxes, fees or other charges, and such
payment is returned or cancelled for any reason. The Township Council
authorizes the appropriate municipal officer to demand that future
payments be tendered in cash or by certified or cashier's check on
any account where a check tendered for payment on such account is
returned for insufficient funds. In addition, the service charge aforesaid
may be collected in any manner authorized by N.J.S.A. 40:5-18.
[Ord. #1095, § II; Ord. #1348, § II;
Ord. #1425, § II; Ord. #1496, § 1]
a.
All mortgagees, servicing organizations and property tax processing
organizations as those entities are defined in Title 54 of the New
Jersey State Statutes shall be charged a fee of $5 for the duplicate
copy of a tax bill for any property in the Township of Mahwah. Any
subsequent copies of the tax bill of the same property in the same
year shall be charged a fee of $25 thereafter.
b.
Unless otherwise provided by law, the fee for a duplicate copy of a tax bill shall be the fee for a public record as set forth in Subsection 2-26.2.
c.
The Tax Collector shall collect such fee prior to issuance of the
duplicate copy.
d.
No fee shall be charged to any resident owner of the property for
the first request for a duplicate copy of a tax bill in the year for
which the tax bill is in effect.
[Ord. #1407, § I]
The Township of Mahwah shall establish a Self-Insurance Fund
for the purpose of paying health benefits for employees and their
dependents, pursuant to the provisions of N.J.S.A. 40A:10-6.
[Ord. #1407, § II]
In the event that the funds held within this Trust are not utilized
during the current fiscal year, such trust funds may be held and carried
forward into ensuing fiscal years.
[Ord. #1407, § III]
It is the intent of the Township to continue contributions to
the Self-Insurance Fund on an annual basis in such amounts as may
be recommended by the appropriate consultants to the Township and
as authorized by the Governing Body. These trust funds may be invested
until utilized pursuant to the appropriate statutes and regulations
of the State of New Jersey and the Local Finance Board.
[Ord. No. 1450; Ord. No. 1618, § I; Ord. No. 2017-1799]
The Township Council shall have the power to waiver any municipal
fee, or the municipal portion of any fee, by enactment of a resolution,
for active members of the Mahwah Volunteer Fire Department, Mahwah
Emergency Medical Services, Mahwah Community Emergency Response Team
volunteers, and Office of Emergency Management operational members
whose property taxes or any assessment or receivable due to the Township
of Mahwah are not in arrears. An active member is a member who shall
be a resident of the Township of Mahwah and who is a member in good
standing with the Mahwah Volunteer Fire Department, Mahwah Emergency
Medical Services, Mahwah Community Emergency Response Team volunteers'
and Office of Emergency Management operational members. Good standing
shall also include current compliance with all Federal and State safety
mandated programs. Late fees or delinquent charges or fees shall not
be waived. Fees, licenses and permits associated with any for-profit
activity shall not be waived. Registration fees for recreational programs
shall not be waived if the registration is received after the maximum
registration has been reached. The Township of Mahwah residency requirement
shall not apply to municipal pool membership fees.
The multipurpose room located in the Municipal Building at 475
Corporate Drive and the lower level of the Winters Building, Franklin
Turnpike shall be available to Mahwah based groups and organizations
in accordance with the following rules and regulations.
[Ord. #1470, § I]
Application for the use of the multipurpose room at 475 Corporate
Drive and applications for the use of the lower level of the Winters
Building on Franklin Turnpike shall be made to the Office of Administration
at 475 Corporate Drive, Mahwah, NJ at least 30 days in advance of
the dates requested on a form available in the Office of Administration.
[Ord. #1470, § II]
For purposes of this section a "qualifying organization" shall
mean a Mahwah based group or organization that is a not-for-profit
group or organization with a membership of at least 80% Mahwah residents.
[Ord. #1470, § III]
a.
The lower level of the Winter Building will be available Monday through
Thursday from 10:00 a.m. until 10:00 p.m. and on Friday from 10:00
a.m. until 6:00 p.m. at no charge to any qualifying organization.
On Friday from 6:00 p.m. until 10:00 p.m. and on Saturday from 10:00
a.m. until 10:00 p.m. a minimum charge of four hours at an hourly
rate will be imposed. The hourly rate will be established by Administration
on the January first of each year. Usage on Friday nights and Saturdays
will be based on availability of DPW personnel.
b.
The multipurpose room at the Town Hall will be available Monday through
Thursday from 4:00 p.m. until 10:00 p.m. at no charge to any qualifying
organization. Usage of the multipurpose room at the Town Hall on Friday
from 4:00 p.m. until 10:00 p.m. and on Saturdays from 10:00 a.m. until
10:00 p.m. will require a minimum charge of four hours at an hourly
rate that will be set by the Township of Mahwah Business Administrator
on January first each year. Friday night and Saturday usage is subject
to availability of DPW personnel.
c.
All requests for use will be made to the Business Administrator 30
days in advance. The Business Administrator, in his/her discretion,
may waive the thirty-day requirement for emergent and unforeseen circumstances.
d.
Scheduling of a meeting room will only be allowed for one date at
a time.
e.
Any qualifying organization wishing to use any room must meet insurance
requirements of the Township insurance carrier.
f.
Use of the multipurpose room at the Town Hall will be limited to
use of food prepared off premises. The coffee maker in the large room
can be used providing the organization supplies its own coffee. A
charge of $150 will be applied if the kitchen is used. Only the following
equipment in the kitchen can be used: hot and cold food serving unit,
icemaker, microwave unit, refrigerator, sink, toaster, and garland
vertical warming ovens. The dishwasher and the large stove with oven
are not to be used.
g.
Food will not be served at the Winter Building lower level.
h.
The usage of either meeting room will be only for meetings and not
for fundraisers.
[Ord. #1470, § IV]
a.
No alcoholic beverages shall be brought into, sold or consumed in
the building or on the public grounds without a permit issued by the
Township Clerk.
b.
No smoking is permitted in the building or on the premises.
c.
Prior to the date of the activity the qualifying organization shall
produce a certificate of insurance specifically naming the Township
of Mahwah as an additional named insured with general liability, bodily
injury and property damage coverage with minimum limits satisfying
the requirements established by the Municipal Joint Insurance Fund
and the Risk Manager of the Township of Mahwah. Original signed certificates
are required.
d.
Prior to the commencement of the activity the qualifying organization
shall also sign and deliver a Hold Harmless Agreement in a form approved
by the Township Attorney.
e.
No gambling shall be permitted on the premises.
f.
All individuals must be completely out of the building at the designated
closing time listed on the application.
g.
Raffles shall be permitted only when approved by the Township Clerk.
h.
Refreshments may be served only in designated areas. Qualifying organizations
and vendors may not be permitted to sell food or drink or any other
items on the grounds unless specific permission has been granted at
the time of the application.
i.
The qualifying organization agrees to comply with all ordinances,
rules and regulations of the Township Board of Health, Police Department,
Fire Department and Township Codes.
j.
The number of occupants shall be limited to the maximum number stated
in the application form. The total number of occupants shall also
be limited by the posted maximum occupancy requirements.
k.
Activities shall be limited to the specific parts of the buildings
or grounds for which permission has been granted.
l.
Outside detail police will be required at the expense of the qualifying
organization, if in the opinion of the Business Administrator, Mayor
or the Chief of Police such services are required.
m.
Users will not be permitted to bring equipment, chairs, tables or
furniture onto the facilities without the express written permission
of the Business Administrator.
n.
No permanent signs, posters or exhibits of any kind should be hung,
nailed or placed in or about the premises.
o.
If the kitchen is used, all equipment and supplies must be left in
a clean and presentable manner.
p.
The total care maintenance of the facility is the responsibility
of the qualifying organization. Any additional custodial maintenance
fee will be assessed to those groups who fail to leave the facility
in a satisfactory condition.
q.
The rental fee includes the custodial services necessary for the
opening and closing of the building and for determining that building
facilities are in proper order. Custodians are expected to render
services within reasonable limitations.
r.
There shall be no activities that may create a hazard or nuisance
to the surrounding neighborhood (e.g., bullhorns, music concerts,
etc.) unless special permission is granted.
s.
Qualifying organizations must assume full responsibility for all
conduct and actions occurring during the approved usage period. The
meeting must be respectable and well governed. The name of a responsible
adult must be stated in the application. Adults sponsoring or chaperoning
youth groups must be present before the young people arrive and must
stay until all the young people have left the premises. A custodian
shall be designated to be in attendance during any activity within
a building. This custodian shall have full authority to enforce the
rules and regulations of the Township, and, in case of violation of
same, may order the building and/or grounds vacated. All functions
attended by minors must be adequately chaperoned. There shall be at
least one adult chaperone for each 10 minors at a function.
t.
Electrical equipment of any kind, not owned by the Township, is subject
to inspection by the Supervisor of Buildings and Grounds. He/She shall
have full authority to reject any equipment which, in his/her opinion
and judgment, is not safe for use in or on Township property. Temporary
construction work, such as platforms, runways, projection stands,
etc., must have specific approval before such items are installed,
and must be approved by the Supervisor of Buildings and Grounds after
installation and before use. Under no circumstances shall nails, screws,
hooks, or other materials be driven into or attached to the stages,
floors, walls, ceilings or woodwork.
u.
All decorations are subject to approval. Decorations must be of flame-resistant
material and may not be attached in any way to stage curtains, window
draperies or shades. No signs of any kind are to be hung in or about
Township premises without specific approval, and no part of any building
is to be marked or defaced in any way. An appropriate time for installing
decorations may be arranged with the Business Administrator or his/her
designee. Scenery, decorations or equipment provided by the qualifying
organization must be removed from the Township buildings promptly
after the performance or activity. In the event of failure to do so,
removal will be made by the Township at the expense of the qualifying
organization. The Township assumes no responsibility for private property
left on Township premises before, during or after use of Township
facilities.
[Ord. #1740, § V]
a.
The Township of Mahwah shall not be held responsible for injuries
to persons or property in the use of the premises.
b.
No permission for use of the facility shall exceed one year.
c.
Use of the premises shall be on a first come basis.
d.
The Township reserves the right to limit use of facilities so that
broad use of the facility can occur.
e.
If the facility is closed for inclement weather, or similar reasons,
all building use will be cancelled for that day. The qualifying organization
may receive a refund or reschedule for an available alternate day.
[Ord. #1470, § VI]
a.
Violation by qualifying organization of any of the regulations governing
the use of Township buildings and grounds shall be cause for canceling
all existing permissions and the possible denial of permission for
use in the future.
b.
If the group or any of its members or guests cause damage to the
facilities or to any property of the Township of Mahwah, the group
may be barred from future use of the premises.
[Ord. #1595, § 1]
a.
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure professional, banking, insurance coverage services or any other consulting services including those awarded pursuant to a "fair and open" process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any Mahwah municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Mahwah party committee, or to any political action committee (PAC) that regularly engages in, or who's primary purpose is the support of a Mahwah municipal elections and/or Mahwah municipal parties in excess of the thresholds specified in Subsection d of this subsection within one calendar year immediately preceding the date of the contract or agreement.
b.
No professional business entity which enters into negotiations for,
or agrees to, any contract or agreement with the municipality or any
department or agency thereof or of its independent authorities for
the rendition of professionals, banking or insurance coverage services
or any other consulting services, including those awarded pursuant
to a "fair and open" process, shall solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Mahwah municipal candidate or holder of the public office having
ultimate responsibility for the award of the contract, or a campaign
committee supporting such candidate or officeholder, or to any Mahwah
party committee, or to any political action committee (PAC) that regularly
engages in, or who's primary purpose is the support of Mahwah municipal
elections and/or Mahwah municipal parties between the time of first
communications between that business entity and the Township regarding
a specific professional services agreement and the later of the termination
of negotiations or the completion of the contract or agreement.
c.
For purposes of this section, a "professional business entity" seeking
a public contract means an individual including the individual's spouse,
if any, and any child living at home; person; firm; corporation; professional
corporation; partnership; organization; or association The definition
of a business entity includes all principals who own 10% or more of
the equity in the corporation or business trust, partners, and officers
in the aggregate employed by the entity as well as any subsidiaries
directly controlled by the business entity.
d.
Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $300 each for any purpose to any candidate for Mayor or Governing Body, or $300 to the Mahwah party, or to a PAC referenced in this section, without violating Subsection a of this subsection. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners, and officers of the entity in the aggregate may not annually contribute for any purpose in excess of $2,500 to all Mahwah candidates and officeholders with ultimate responsibility for the award of the contract, and all Mahwah political parties and PACs referenced in this ordinance combined, without violating Subsection a of this subsection.
e.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for Mayor or Council, or municipal or County party
committee or PAC referenced in this section shall be deemed a violation
of this section, nor shall an agreement for property, goods, or services,
of any kind whatsoever, be disqualified thereby, if that contribution
was made by the professional business entity prior to the effective
date of this section.[1]
[Ord. #1595, § 3]
a.
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of Subsection 2-30.1 of this section;
b.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. #1595, § 4]
A professional business entity or Township candidate or officeholder referenced in this section may cure a violation of Subsection 2-30.1 of this section, if, within 30 days after the date on which the applicable ELEC Report is published, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate referenced in this section.
[Ord. #1595, § 5]
a.
It shall be a breach of the terms of the Mahwah professional service
agreement for a business entity to (i) make or solicit a contribution
in violation of this section; (ii) knowingly conceal or misrepresent
a contribution given or received (iii) make or solicit contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contributions; (iv) make or solicit any contribution
on the condition or with the agreement that it will be contributed
to a campaign committee of any candidate or holder of the public office
of Mahwah; (v) engage or employ a lobbyist or consultant with the
intent or understanding that such lobbyist or consultant would make
or solicit any contribution, which if made or solicited by the business
entity itself, would subject that entity to the restrictions of this
section; (vi) fund contributions made by third parties, including
consultants, attorneys, family members, and employees; (vii) engage
in any exchange of contributions to circumvent the intent of this
section; or (viii) directly or indirectly, through or by any other
person or means, do any act which would subject that entity to the
restrictions of this section.
b.
Furthermore, any professional business entity who violates Subsection
a(ii)-(viii) above shall be disqualified from eligibility for future
Mahwah contracts for a period of four calendar years from the date
of the violation.
[Ord. #1595, § 6]
a.
If any subsection, sentence, clause or phrase of this section is
for any reason held to be unconstitutional, invalid, or unenforceable
by a Court of competent jurisdiction, such decision shall not affect
the remaining portions of this section.
b.
And any ordinance inconsistent with the terms of this section is
hereby repealed to the extent of such inconsistency.
[Ord. #1678, § 1; Ord. #1738]
In accordance with N.J.S.A. 40:45-5 et seq., the "Uniform Nonpartisan
Elections Law," after January 1, 2012, the election of municipal officers
will be held at the regular municipal elections to be held on the
Tuesday after the first Monday in November.
[Ord. #1678, § 1]
The term of any person in office on the date of the adoption
of this section shall be extended until the beginning of the term
of the person elected to that office on the day of the general election
in November.
[Ord. #1678, § 1]
Except as may otherwise be provided by law, persons who are
elected to hold local government office on the Tuesday after the first
Monday in November will commence office on January 1 of the following
year.
[Ord. #1678, § 1]
Notwithstanding any other provision of this Code, in accordance
with N.J.S.A. 40:45A-1, effective January 1, 2013, the date and time
of the annual reorganization meeting shall be established at 12:00
noon on January 1, or, by resolution, at some other hour on any day
during the first week in January.
Editor's Note: The name of the Music, Film and Arts Committee
was revised to the Film, Arts and Music Committee (FAM) by Ord. No.
1973.
[Added 9-23-2021 by Ord.
No. 1949; amended 2-24-2022 by Ord. No. 1967; 6-2-2022 by Ord. No. 1973]
There is hereby established in the Township of Mahwah a Film,
Arts and Music Committee ("Committee").
[Added 9-23-2021 by Ord.
No. 1949; amended 2-24-2022 by Ord. No. 1967]
a.
The Committee shall consist of seven voting members to be nominated
by the Mayor and appointed by the Council. Of those seven members,
at least two shall be Township residents and at least two shall be
scholars and/or persons with professional film acumen.
b.
In addition to the seven regular members, two alternate members shall
be nominated by the Mayor and appointed by the Council.
c.
One Township Council Member shall additionally be appointed by the
Council to serve as Council Liaison to the Committee.
d.
All Committee members shall serve without compensation.
[Added 9-23-2021 by Ord.
No. 1949; amended 11-4-2021 by Ord. No. 1955; amended 2-24-2022 by Ord. No. 1967]
a.
All appointments, except for the Council member, shall be for a full
term of two years. The Council Liaison shall serve for a one-year
term.
b.
The Township Council shall appoint the Council Liaison on January
1 of each year, or as soon thereafter as appointments are made.
c.
The Council shall appoint three members and one alternate on January
1 of each odd-numbered calendar year, or as soon thereafter as appointments
are made.
d.
The Council shall appoint four members and one alternate on January
1 of each even-numbered calendar year, or as soon thereafter as appointments
are made.
e.
Any vacancies occurring by reason of death or by resignation shall
be filled for the unexpired term only.
[Added 9-23-2021 by Ord.
No. 1949; amended 2-24-2022 by Ord. No. 1967]
The Committee shall organize annually, within 30 days of January
1, by the election of one of its members as President and one of its
members as Secretary.
[Added 9-23-2021 by Ord.
No. 1949; amended 2-24-2022 by Ord. No. 1967]
The Committee shall have the following duties:
a.
Recommend to the Mayor and Council any and all projects that the
Committee has determined to be in the best interests of the Township
for the promotion of filmmaking, the promotion of film programming
in the public schools, the promotion of the history of Township.
b.
Recommend to the Mayor and Council any and all projects that can
be accomplished in concert with the Township Historic Preservation
Commission.
c.
Recommend to the Mayor and Council the operation of film festivals.
d.
Recommend to the Mayor and Council means by which funds may be raised
toward the Committee's major goal of promoting filmmaking and
the history of filmmaking in the Township.
e.
Recommend to the Mayor and Council means by which artifacts and the
heritage of Township filmmaking may be preserved and promoted.
f.
Make findings upon and recommendations to the Mayor and Council concerning
utilizing Township resources to promote filmmaking and the heritage
of Township filmmaking.
g.
Undertake any and all actions authorized by the Mayor and Council
with respect to the promotion of filmmaking, operation of film festivals,
raising of funds and preservation of the heritage of Township filmmaking.
h.
To meet at least six times each year.
i.
Any and all other and further duties and/or powers that may be delegated
by the Mayor and Council.
