[Ord. No. 380-95 § 1A-1]
This chapter shall be known and may be cited as the "Administrative
Code of the City of Wildwood" and is sometimes referred to in this
chapter as the "code."
[Ord. No. 380-95 § 1A-2.1]
The board of commissioners of the City of Wildwood shall consist
of three commissioners who shall be elected at large by the voters
of the city at a regular municipal election and who shall serve for
a term of four years beginning on the first Tuesday following their
election.
[Ord. No. 380-95 § 1A-2.2; Ord. No. 438-97 § 5]
All of the executive, administrative, judicial and legislative
powers of the City of Wildwood shall be vested in the board of commissioners.
[Ord. No. 380-95 § 1A-2.3]
a. Regular Meetings. The board of commissioners shall organize on the
first Tuesday following the regular quadrennial municipal election.
At that meeting, or as soon thereafter as practical, the board of
commissioners shall create, condemn or abolish all subordinate boards
and appoint any officers that it deems necessary for the proper and
official conduct of the affairs of the City of Wildwood. After the
organization meeting, the board of commissioners shall meet regularly
at least twice a month on dates to be determined by resolution of
the board. When the time for any regular meeting of the board falls
on a legal holiday as prescribed by law, the meeting shall be held
at the same hour on the next succeeding day which is not a legal holiday.
b. Special Meetings. Special meetings of the board of commissioners
may be held on call of the mayor or any two commissioners in accordance
with the provisions of R.S. 40:72-13.
c. Procedure. Except in cases where the board of commissioners provides
otherwise by resolution, the proceedings at the meetings of the board
shall be conducted in accordance with Roberts Rules of Order. The
city solicitor shall be ex officio parliamentarian and shall be prepared,
at the request of any member of the board of commissioners, to give
his opinion on any question of procedure.
d. Attendance. All regular and special meetings of the board of commissioners
shall be open to the public. The city solicitor, the clerk and any
other municipal officer or employee whose presence shall be required
by resolution of the board of commissioners shall attend such meetings.
e. Rules of Procedure. The board of commissioners shall provide rules
of procedure by resolution. Such rules may amplify but shall not be
inconsistent with the provisions of this code.
[Ord. No. 380-95 § 1A-2.4]
The board of commissioners may convene at any time in informal
conference for the study of municipal business or to plan for the
agendas of its future meetings as permitted by the Open Public Meetings
Act. No persons other than those specifically invited by the board
to attend shall be permitted to be present at any such conference.
[Ord. No. 380-95 § 1A-2.5]
A majority of all members of the board of commissioners shall
constitute a quorum at any regular or special meeting in accordance
with N.J.S. 40:72-14, but a lesser number than a quorum may adjourn
the meeting. If no member of the board is present one-half hour after
the appointed time of any meeting, the clerk shall adjourn the meeting.
[Ord. No. 380-95 § 1A-2.6]
The agenda for each regular and special meeting of the board
of commissioners shall be prepared by the clerk. Except for emergency
matters which may be added at any time, the agenda for each regular
meeting of the board shall include only such matters of business as
have been presented or delivered to the clerk not later than 24 hours
preceding the meeting. As soon as the agenda for each meeting is prepared,
the clerk shall deliver a copy to each commissioner and to the city
solicitor.
[Ord. No. 380-95 § 1A-3.1]
At the first meeting after their election, the commissioners
shall choose one of their number to preside at all meetings of the
board and he shall be designated mayor in accordance with N.J.S. 40:72-10.
[Ord. No. 380-95 § 1A-3.2; Ord. No. 579-02 § 1]
The mayor shall be president of the board of commissioners and
shall preside at all meetings. He shall supervise all departments
and report to the board, for its action, all matters requiring the
attention of the board or of any department. He shall not have the
power to veto any measure.
a. The mayor may designate a member of the board of commissioners to
act as deputy mayor in the event the mayor is unavailable due to illness,
prior commitment, vacation or is otherwise unavailable.
[Ord. No. 380-95 § 1A-4.1]
There shall be a clerk of the City of Wildwood appointed by
the board of commissioners for a term of three years. The person so
appointed, shall, prior to his appointment, be qualified by training
and experience to perform the duties of his office.
[Ord. No. 380-95 § 1A-4.2]
The clerk shall perform the duties set forth in N.J.S. 40A:9-133
including the following:
a. Perform all of the functions required of municipal clerks by the
General Election Law (Title 19 of the New Jersey Revised Statutes)
and any other state law or city ordinance, and receive the fees prescribed
under such law or ordinance for the use of the city.
b. Issue all licenses required by law or ordinance and faithfully make
all reports required by law or ordinance to the board of commissioners
for all fees received.
c. Be the custodian of the official seal of the city and, when authorized
by resolution of the board of commissioners, affix the seal to proper
documents to which the city is a party and attest to the execution
of such documents, as well as to the signature of the mayor or other
proper officials on such documents.
d. Ensure that all ordinances and notices of the city are properly advertised.
e. Assume the responsibility for all the correspondence of the city
and of the board of commissioners.
f. Be the depository and custodian of any official surety bonds furnished
by or on account of any officer or employee except his own bond (which
shall be placed in the custody of the comptroller); of all insurance
policies with respect to risks insured for the benefit of the city
or to protect it from any claim, demand or liability what-so-ever;
and of all formal contracts for work, labor, services, supplies, equipment
and materials to which the city may be a party.
g. Be the depository for and custodian of all performance bonds running
to the city as obligee or any other form of security given by any
contractor, subdivision developer or other person on account of work
to be done in or for the city.
h. Have custody of all leases of property owned by the city.
i. Report to the board of commissioners, at such time as the board may
require, on the coverage, expiration date and premium of each surety
bond and contract of insurance, the nature and terms of outstanding
leases, the rent reserved by each and their respective expiration
dates.
j. Have any other different additional functions, powers and duties
as may be prescribed by law or ordinance.
[Ord. No. 380-95 § 1A-5.1]
The administrative functions, powers and duties of the board
of commissioners shall be allocated among the following departments:
a. Department of revenue and finance.
b. Department of public affairs and public safety.
c. Department of parks, public property and public works.
[Ord. No. 380-95 § 1A-5.2; Ord. No. 438-97, § 9; Ord. No. 974-13]
At the first regular meeting after the election of its members,
the board of commissioners shall designate by majority vote one commissioner
to be director of each department. At such meeting, the board of commissioners
shall examine the various departments and divisions within departments
and shall by resolution make such reallocation of divisions within
departments as they deem desirable. When such reallocation has been
duly made by resolution, the divisions so allocated shall be deemed
to fall within the departments to which they have been so allocated,
notwithstanding any other provision of this code. The board of commissioners
may, from time to time, reallocate the divisions among departments
as they deem desirable. Such reallocation may be made by resolution
during any regularly scheduled meeting of the governing body. The
director of each department may, from time to time, create and reallocate
divisions within his or her department.
[Ord. No. 380-95 § 1A-5.3; Ord. No. 438-97 § 6]
The board of commissioners shall determine the powers and duties
to be performed by each department and shall assign each department
the powers and duties which it deems appropriate. The board shall
prescribe the powers and duties of all officers and employees and
may assign particular officers and employees to one or more departments
and may require any officer or employee to perform duties in two or
more departments if the work required in each department is similar
in character. The board of commissioners may make such rules and regulations
as are necessary and proper for the efficient and economical conduct
of the business of the city within the provisions of subtitle 4 of
N.J.S.A., Title 40.
[Ord. No. 758-09 § 1; Ord. No. 800-10; Ord. No.
854-11]
a. Office Created. There is hereby created the office of municipal administrator
to coordinate the administrative affairs of the City of Wildwood,
and to have such powers and to receive such compensation as hereinafter
provided.
b. Appointment. The appointment to the office of municipal administrator
shall be made by the board of commissioners and shall be for a term
of office at the pleasure of the board of commissioners of the City
of Wildwood.
c. Compensation. The municipal administrator shall receive annual compensation
as determined by the current Salary Ordinance, and shall enjoy those
applicable benefits as provided in Code of the City of Wildwood as
well as the Personnel Manual of the City of Wildwood.
d. Removal from Office. The municipal administrator may be removed for
cause by a two-thirds (2/3) vote of the board of commissioners.
e. Office to Be Filled by Resolution of the Board of Commissioners.
The office of municipal administrator may be filled by resolution
on either a full-time or part-time basis as may be determined by the
board of commissioners to be in the best interests of the city.
f. Qualifications. The municipal administrator shall, at a minimum,
be experienced in local government affairs and administration, as
well as have demonstrated managerial skills, ability and experience.
g. Duties.
1. The municipal administrator shall be the chief appointed administrative
officer of the city, and shall coordinate the administrative affairs
and administration of all borough departments, officers, employees,
agencies and agents, of the city. In addition, the municipal administrator
shall specifically:
(a)
Be responsible for the coordination of the municipal budget
process;
(b)
Be responsible to carry out all city policies and procedures
duly established by the board of commissioners, and to require compliance
in accordance therewith;
(c)
Sign each departmental personnel transaction, which signature
shall confirm compliance with all duly established rules and regulations
and that said transaction is otherwise proper in all respects prior
to any final action being authorized by each appointing authority
or as necessary or required by the full governing body;
(d)
Report directly to the board of commissioners from time to time
as directed by the board, and shall act as liaison to the board with
all federal, state, and local agencies and offices;
(e)
Coordinate the maintenance of a sound personnel system, inclusive
of all policies and administrative practice appertaining thereof;
(f)
Serve as public information officer for the dissemination/communication
of all duly established municipal ordinances, resolutions, and all
other rules and regulations, including the preparation of any press
releases in accordance therewith;
(g)
Be responsible for the administration of the Joint Insurance
Fund (JIF) insurance program for the city;
(h)
Serve as the issuing authority for all permits upon approval,
as necessary or required, by the board of commissioners.
2. The municipal administrator shall have responsibility to and duties
regarding all agencies, departments and offices within the City of
Wildwood.
3. All other duties and responsibilities as assigned from time to time
by resolution of the governing body.
[Ord. No. 380-95 § 1A-6.1]
The director of the department of revenue and finance shall
supervise the work of the department and its divisions.
[Ord. No. 380-95 § 1A-6.2; Ord. No. 438-97 §§ 7, 7.1,
8]
a. Creation of Office. The office of chief financial officer is hereby
created in and for the City of Wildwood pursuant to the provisions
of N.J.S.A. 40A:9-140.10 P.L. 1991, C. 175. He shall possess the qualifications
set forth therein. He shall serve for a term of four years which shall
commence January 1 of the year in which he is appointed.
b. Appointment. The chief financial officer shall be appointed by the
board of commissioners and shall serve in accordance with the provisions
of N.J.S.A. 40A:9-140.1.
c. Supervision. The chief financial officer shall at all times be under
the supervision of and responsible to the director of revenue and
finance in all actions relative to the duties and responsibilities
of said office to the extent not prohibited by law.
d. Duties. Chief financial officer shall be responsible for the financial
administration of the city including compliance with the following
statutes and directives promulgated by the local finance board:
Local Government Supervision Act, N.J.S.A. 52:27BB, et seq.;
Local Bond Law, N.J.S.A. 40A:2-1, et seq.;
Local Budget Law, N.J.S.A. 40A:4-1, et seq.;
Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq.;
Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.;
Technical Directives: General ledger, fixed assets, encumbrance
system.
Also shall be responsible for other statutes, rules and regulations
promulgated by the Director of the Division of Local Government Services,
the local finance board, or any other state agency, pertaining to
the financial administration of the city.
e. Compensation. The chief financial officer shall receive as compensation
the amount set forth in the salary ordinance for that position.
[Ord. No. 380-95 § 1A-6.4]
There shall be an account to be designated the City of Wildwood
Payroll Account. The chief financial officer, on receipt of a check
for an amount due the payroll account, shall deposit it to the credit
of the payroll account, charging the appropriate budgetary accounts
therewith. Disbursement from the payroll account may be made by payroll
checks signed by the chief financial officer or, in the chief financial
officer's absence, by the clerk upon pre-audit by the chief financial
officer and approval by the board of commissioners of the entire payroll.
In case of error or adjustment in the payroll, the chief financial
officer shall make proper correction and appropriate record thereof.
[Ord. No. 380-95 § 1A-6.5; Ord. No. 438-97 § 10]
a. Appointment; Qualification. There shall be a tax assessor appointed
by the director of the department to which this office has been assigned.
He shall serve for a term of four years from the first day of July
next following his appointment. He shall be qualified as required
by N.J.S.A. 54:1-35.25 et seq. and shall hold a tax assessor's certificate.
The tax assessor shall be appointed in accordance with N.J.S.A. 40A:9-146.
b. Tenure. A person reappointed to office, after receiving a tax assessor
certificate, and thereafter serving in office for four consecutive
years, shall be entitled to tenure pursuant to N.J.S.A. 54:1-35.31.
c. Powers and Duties. The assessor shall:
1. Have, perform and discharge all the functions, powers and duties
prescribed by law for a municipal assessor.
2. Make assessments for benefits for local improvement and for that
purpose have and exercise the powers and duties of a board of assessment
for local improvement as provided by law.
3. Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
4. Maintain a current tax map of the city as a public record and cause
to be recorded thereon all changes in ownership or character of the
real property assessed, employing for that purpose the facilities
of other departments as provided by the code.
5. Report to the board of commissioners as to equalization proceedings
and other matters involving the county tax board and make recommendations
as to action to be taken in that regard.
[Ord. No. 380-95 § 1A-6.6; Ord. No. 438-97 § 10]
a. Creation of Office. The office of municipal tax collector is hereby
created in and for the City of Wildwood pursuant to the provisions
of N.J.S.A. 40A:9-141 et seq.
b. Appointment; Term; Vacancy; Removal from Office.
1. The municipal tax collector shall be appointed by the board of commissioners
and shall serve for a term of four years from the first day of January
next following his appointment.
2. Any vacancy in the office of the municipal tax collector shall be
filled per N.J.S.A. 40A:9-142.
3. In the event of the absence or disability of the duly appointed municipal
tax collector, the municipal clerk shall perform the duties of that
office during each absence or disability. Such absence or disability
shall be limited to three months after which time such absence or
disability may be deemed a vacancy.
4. The municipal tax collector shall not be removed from office except
in accordance with N.J.S.A. 40A:9-145.8, which statute is incorporated
herein by reference.
c. Duties. It shall be the duty of the municipal tax collector to collect
taxes upon real and personal property in the city.
d. Salary. The municipal tax collector shall receive as salary such
sums as may be fixed and adopted by the board of commissioners in
the annual salary ordinance.
[Ord. No. 380-95 § 1A-6.7]
Within the department of revenue and finance there shall be a water utility division, the head of which shall be the superintendent of the water utility. Except as otherwise specifically provided, the superintendent of the water utility shall exercise general supervision and control and be in direct charge of the water supply system of the City of Wildwood, including all physical plants and property connected with the system. The supervision and control shall be subject to the provisions of this chapter and Chapter
10 of the revision, and any other ordinance or resolution which may be passed from time to time by the board of commissioners. The powers granted by this subsection shall include, but shall not be limited to:
a. Having charge of all books and records of the water utility.
b. Billing and making collections of all charges, fees and rentals for
the sale, distribution and use of water, including the opening of
any street or sidewalk for the introduction or changing of water supply
facilities.
[Ord. No. 380-95 § 1A-7.11; Ord. No. 438-97 § 12]
a. Director. The purchasing agent shall also serve as the director of
personnel. He shall serve under the direction of the director of public
affairs and public safety and shall have duties as set forth below:
b. Duties. Specifically, the duties of the personnel director shall
include, but shall not be limited to, the following:
1. Conduct field investigations concerning procedures, complaints, grievances
or other personnel matters.
2. Interview employees and applicants for municipal employment positions.
3. Prepare reports and correspondence in connection with personnel work.
4. Prepare civil service personnel forms.
6. Process social security applications and act as social security liaison,
preparing such reports as might be required therefor.
7. Assist employees with pension procedures.
8. Provide all reports, applications and other work as is required to
comply with the State of New Jersey, Department of Civil Service requirements.
9. Prepare job specifications.
10. Conduct desk audits and other reviews of positions and classes of
positions to determine the scope and character of duties and responsibilities
for each employee and employee position.
11. Prepare and maintain individual personnel files.
12. Examine, analyze and recommend optimum organizational structure.
13. Maintain records and files.
14. Perform any and all other duties relating directly or indirectly
to the employment of personnel by the city.
c. Qualifications. The personnel director shall have qualifications
and experience as follows:
1. Degree in personnel management or relations, or a related field,
from a four year course at an accredited learning institution, or,
in the alternative, work experience in personnel management on the
basis of two years experience for every one year of formal education.
2. Knowledge of the fundamental principles of position classification
and application to employment situations.
3. Knowledge of the laws of the State of New Jersey, the regulations
of the Department of Civil Service and the laws of the United States
of America as they relate to the varied personnel activities.
4. The personnel director shall have proven capabilities as follows:
(a)
To organize technical responsibilities.
(b)
To develop effective employee work methods.
(c)
To comprehend and interpret basic law and regulations.
(d)
To coordinate effectively with employees, management, and elected
officials.
(e)
To prepare lucid, accurate and informative statistical data
and other reports relating to personnel and employment activity and
problems.
(f)
To formulate and develop comprehensive personnel programs for
the city.
(g)
To maintain essential personnel records and files.
5. The personnel director shall possess good health, free from any physical
and mental defects which would impair the proper performance of the
required duties of the position.
[Ord. No. 380-95 § 1A-6.9; Ord. No. 438-97 § 13]
Within the department of revenue and finance there shall be
a division of accounts and control under the direction and supervision
of the director of revenue and finance and under the management of
the chief financial officer, the division shall:
a. Maintain and operate the city's central bookkeeping and accounting
records according to sound accounting principles and in accordance
with the requirements of the Director of State Division of Local Government
Service.
b. Audit all receipts and disbursements of the city government and of
each of its departments and pre-audit all bills, claims and demands
against the city, including payrolls, and require each department
head to certify that any materials, supplies and equipment have been
received and accepted as specified and that the services have been
duly rendered.
c. Control all expenditures to assure that budget appropriations are
not exceeded and maintain such books and records as may be required
for the proper exercise of such budgetary control, and to assure adherence
to the system for the payment of vouchers, claims and warrants established
by the ordinance establishing the procedure to be followed in the
payment of claims against the city and any amendments thereto.
d. Review each proposed expenditure and commitment under an encumbrance
system to be made on behalf of any department in conformity with state
law, the charter and the ordinances of the city and authorize only
such expenditures and commitments as conformed to all the requirements
of the Administrative Code.
e. Install, operate and maintain a central payroll system and all social
security, pension and insurance records for personnel of all departments.
f. Supervise, administer and audit the collection of all revenues generated
by the parking meters of the city.
g. Submit a monthly report to the board of commissioners of revenues,
expenditures, including payroll expenditures, cash balances and investments
held, including, in the case of cash balances and investments, the
name of the depositories, type of account or investment, date of maturity,
interest rate and location of investments held for safekeeping.
h. Present twice each month to the board of commissioners a copy of
the payroll register for all employees of the city.
i. Immediately report to the board of commissioners any defaults, delinquencies
or official misconduct on the part of any officer or employee of the
city.
j. Upon the death, resignation, removal or expiration of the term of
office of any officer or person who by law is or may be authorized
to receive or disburse the funds of the city, audit and examine the
accounts of that officer or employee and report the condition of his
business to the board of commissioners.
[Ord. No. 380-95 § 1A-7.1; Ord. No. 438-97 § 3h]
The director shall supervise the work of the department and
its divisions and shall, subject to the approval of the board of commissioners,
make rules and regulations for the various divisions assigned to the
department. He shall be the municipal authority hereby designated
to oversee the police department and perform those functions designated
in N.J.S.A. 40A:14-118. Said director shall be responsible for adopting
rules and regulations governing the conduct of the police department
and its members and its discipline of such members. Moreover, said
director shall be the "appropriate authority" to conduct investigations
of the police force, and shall have the power to examine the operations
of the police force and the performance of any law officer therein,
as well as the power to issue special directives concerning the police
function in emergency situations.
Notwithstanding the above, except as otherwise provided by law,
no permanent member or officer of the police department shall be removed
from his office or employment or position for political reasons or
any cause other than incapacity, misconduct, or disobedience of rules
and regulations established for the government of the police department
and force, no such member or officer shall be suspended, removed,
fined or reduced in rank from an office, employment, or position therein,
except for just cause as herein provided, and then only upon a written
complaint setting forth the charge or charges against such member.
The complaint shall be filed in the office of the body, officer or
officers having charge of the department or force, wherein a complaint
is made, and a copy shall be served upon the member/officer so charged
with notice of a designated hearing. The filing of the complaint and
processing of the same shall be subject to the provisions of N.J.S.A.
40A:14-147.
[Ord. No. 380-95 § 1A-7.2; Ord. No. 438-97 §§ 3, 4; Ord. No. 445-97 §§ 1-8; Ord. No. 541-01 § 1; Ord. No. 552-01 §§ 1,2; Ord. No. 556-01; Ord. No.
583-03 § 1; Ord. No. 611-04 § 1; Ord. No. 625-04 § 1; Ord. No. 795-10]
a. Composition.
1. Police department created. Within the department of public affairs
and public safety there is hereby created in and for the City of Wildwood,
a police department which shall consist of a chief of police and such
members and officers as shall be deemed necessary by the director
of public affairs and public safety, who shall, from time to time,
determine the number of persons, including temporary officers and
members in an emergency, to be appointed to these positions together
with their compensation consistent with the provisions of N.J.S.A.
40A:14-118.
2. Full-time police officers in the Wildwood Police Department may include
up to, but no more than, the following number of positions:
[Amended 10-22-2014 by Ord. No. 1017-14; 1-15-2015 by Ord. No. 1020-14; 3-25-2015 by Ord. No. 1027-15; 5-27-2020 by Ord. No. 1170-20; 5-8-2024 by Ord. No. 1291-24]
b. Training Required. No person shall be given a permanent appointment
as a police officer in the city unless he has successfully completed
a police training course and other educational requirements as mandated
by the Police Training Act N.J.S.A. 52:17B-66 et seq. No person shall
be appointed to the police department who is not qualified as provided
in the New Jersey Statutes. The appropriate authority may also require
that an application or appointment to the police department shall
successfully complete a physical, mental and psychological examination
(N.J.S.A. 40A:4-122 and N.J.S.A. 40A:14-127).
c. Probationary Appointment. Paragraph b shall not prohibit the appointment
of a person as a police officer on a probationary or temporary basis
for a period not to exceed one year in order to enable a person seeking
a permanent appointment to complete a police training course as prescribed
by the Police Training Commission. No person shall be permitted to
take a police training course unless he holds a probationary or temporary
appointment as a police officer in the City of Wildwood and such an
appointee shall be entitled to a leave of absence with pay during
the period of the police training course.
d. Duties of Chief of Police. The chief of police shall:
1. Be the head of the police force and shall be directly responsible
to the director of public affairs and public safety for the efficiency
and routine day to day operations thereof and shall, pursuant to policies
established by the director of the department of public affairs and
public safety;
(a)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
(b)
Have, exercise, and discharge all functions, powers and duties
of the force;
(c)
Prescribe the duties and assignments of all subordinates and
other personnel;
(d)
Delegate such authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
and
(e)
Report at least monthly to the appropriate authority in such
form as shall be prescribed by such authority on the operation of
the force during the preceding month, and make such other reports
as may be requested by such authority.
2. Be responsible for the observance and enforcement of all laws of
the state and ordinances within the jurisdiction of the police department,
and the enforcement of the rules and regulations of the police department;
and shall perform such other duties as shall be prescribed by the
board of commissioners by ordinance or resolution. He shall also be
charged with administering and enforcing any special emergency directive
for the disposition and discipline of the department and its members
and officers.
3. See that all persons connected with the police department are properly
instructed in their duties and give particular attention to the instructions
and training of new members of the department. He shall also be charged
with the responsibility of ascertaining that each and every officer
under his command is held accountable for his or her time and is devoting
his or her full attention to the performance of his or her respective
duties.
4. Have under his control all records and property of the police department
and designate any member of the department to prepare reports and
keep records in a manner that the chief may prescribe, as well as
take charge of the records and property of the police department and
any other property coming into the custody of the department.
5. Report at least monthly to the director of public affairs and public
safety in such form as shall be prescribed by said director on the
operation of the police department during the preceding month and
make such other reports as may be requested by the director of public
affairs and public safety in accordance with the provisions of N.J.S.A.
40A:14-118.
6. Operate a training program to maintain and improve the efficiency
of the members of the department.
e. Line of Authority. The line of authority for the police department
shall be as follows:
1. City commissioner in charge of public safety (appropriate authority);
10. Other classes of police officers authorized by statute.
Change in Number of Personnel. The director of the department of public affairs and public safety may add or decrease the number of persons comprising the police department whenever in his judgment he deems it proper for the best interests of the department and the city to do so, not to exceed the number of officers provided in subsection
1A-7.2a2.
f. Duties of Police Officers. The rights, privileges, powers and duties
of the members of the police department, including temporary offices
of special policemen, shall be those prescribed by the laws of the
State of New Jersey governing municipal police departments generally,
by the ordinances and resolutions of the City of Wildwood, and by
the rules and regulations which may, from to time to time, be adopted
by the board of commissioners or the director of the department of
public affairs and public safety. The police department shall:
1. Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the city, suppress riots and mobs, disperse unlawful
or dangerous assemblages, and preserve order at all elections, public
meetings and assemblages.
2. Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by 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 ordinances
and resolutions of the city for those purposes.
3. Remove or cause to be removed all nuisances in the public streets,
parks and other places in the city, inspect and observe all places
of public assembly or amusement and all places of business requiring
any state or municipal license or permit and report on such places
to the appropriate department.
4. Provide proper police attendance and protection at fires.
5. Provide for the attendance of members of the police department in
court when necessary for the prosecution and trial of persons charged
with crimes and offenses, and cooperate fully with law enforcement
and prosecuting authorities of federal, state and county governments.
6. The appointing authority may appoint, from time to time, special
law enforcement officers in accordance with New Jersey Statutes for
terms not exceeding one year. Such special officers shall exercise
all the powers and duties provided by such statutes during their term
in office, but shall not be deemed to be regular members of the police
department and shall not be entitled to tenure. The chief of police
shall authorize special law enforcement officers, when on duty, and
subject to the provisions of New Jersey Statutes, to exercise the
same powers and authority as regular members of the police department
including the carrying of firearms and the power of arrest. All special
law enforcement officers so appointed must comply with the requirements
of N.J.S.A. 40A:14-146 et seq. and shall, depending on his or her
classification, be permitted to or prohibited from carrying firearms
as set forth therein.
7. No person shall be appointed to the police department who is not
qualified as provided in the New Jersey Statutes. The director of
law and public safety may also require that an applicant for appointment
to the police department shall successfully complete a physical, mental
and psychological examination.
g. Power to Make Rules and Regulations. The chief of police, with the
written approval of the commissioner of public safety, shall have
the power to make and amend the rules and regulations for the government,
discipline, direction and management of the members of the police
department in order to promote proper discipline and efficiency in
the department.
h. Change in Number of Personnel. The director of the department of
public affairs and public safety may add to or decrease the number
of persons comprising the police department whenever in his judgment
he deems it proper for the best interests of the department and the
city to do so.
i. Discipline; Suspension or Dismissal. Members of the police department
may be disciplined, including suspension, (with or without pay), demotion
or dismissal for any of the following or combination thereof:
1. Violations of the rules and regulations established by the appropriate
authority;
5. Absence from duty without cause;
6. Conduct unbecoming a police officer/member of the police department;
7. Violation of any state or local law;
8. Dishonesty.
All discipline shall be administered in accordance with basic
standards for due process and in accordance with Civil Service guidelines.
j. Employment of Off-Duty Police Officers.
1. Findings. The Board of Commissioners of the City of Wildwood hereby
finds and declares as follows:
(a)
The Attorney General of the State of New Jersey and the Division
of Local Government Services have determined that members of a local
police department may, during their off-duty hours, engage in police
related activities for private persons or entities. Pursuant to the
laws of the State of New Jersey, a municipality must agree to implement
a system whereby the off-duty assignments of police officers is arranged
through a contract directly with the municipality and the private
person entity.
(b)
That any such contracts between the municipality and any private
person or entity must include a plan whereby the compensation for
off-duty police related services is channeled through the office of
the treasurer, must provide that said compensation shall be placed
in a special trust fund to be established by the municipality, and
also must provide that the proceeds of said fund will be disbursed
through the office of the treasurer to the individual police officers
performing such services.
(c)
It is in the best interest of the City of Wildwood to establish
a procedure for the assignment of off-duty police work which will
allow for the greater protection of the citizens of the city.
2. The chief of police shall be responsible for the assignment of all
off-duty police related activities, and the billing of all compensation
due the city. The chief of police shall be authorized to designate
other members of the police department, as needed, to assist him in
the assignment of off-duty police related activities. The procedure
for assignment of off-duty police related activities shall be as follows:
(a)
The chief of police or his designee shall create and maintain
a list whereby police officers may volunteer for off-duty police related
activities, however, the contract to be executed with regard to such
off-duty police related activities shall provide that such police
officers shall be compensated at their regular overtime rate of pay.
The chief shall advise as to the rates of pay for the officers to
be employed.
(b)
The chief of police or his designee shall assign all off-duty
police related activities from the aforementioned list of officers
desiring said assignments; said assignments shall be made on a rotating
basis as the assignment becomes available.
3. Contracts with private entities. Any private person or entity desiring
to retain the services of police officers of the City of Wildwood
for off-duty police related activities shall file, with the chief
of police, an application for the provision of such services. The
chief of police shall in his sole discretion, have the absolute right
to either approve or disapprove the application if such private person
or entity desiring to retain the services of police officers of the
City of Wildwood for off-duty police related activities. Any private
person or entity which is approved by the chief of police for the
provision of such services of police officers shall be required to
enter into a contract for the provision of such services with the
City of Wildwood. Said contract shall include, but not be limited
to, the nature of duties to be performed, the location of said duties,
the date and hours of service, the rate of payment for services to
officers, administrative fees to the City of Wildwood, and fees for
the use of city owned equipment. The contract may also provide for
deposits in advance by the contractor for services to be performed.
The chief of police is hereby empowered to execute a contract for
off-duty police related activities on behalf of the City of Wildwood
in accordance with paragraph j.
4. Payment for off-duty assignments; trust fund established.
(a)
All private persons or entities shall be required to make all
payments for off-duty assignments to the City of Wildwood, payable
to the City of Wildwood's Chief Financial Officer (CFO).
Monies collected from said private persons or entities earmarked
for payment of the off-duty officers shall be recorded by the CFO
into a separate trust account in the general ledger.
All members of the police department shall be paid for services
performed on the regular payday upon the submission of any overtime
slip approved by the chief of police or his designee and properly
authorized by the private entity or persons. All police officers receiving
such payment shall be paid an hourly rate of fifty ($50.00) dollars
per hour. In addition to the officers' hourly rate, an additional
ten percent shall be added for the purposes of contribution to the
city's workers compensation fund, fringe benefit cost along with administrative
costs.
The contract to be executed by the contracting party shall provide
for such fees. Said contract shall further insure that the contracting
party shall pay for any matching taxes, which the city must incur
relative to such additional police work.
There is hereby established a trust fund which shall be created
by the CFO of the City of Wildwood upon passage of this ordinance.
5. Administrative costs.
(a)
In addition to the aforementioned fees to be collected by the
City of Wildwood from said private person or entity for the payment
of said off-duty police officers, the City of Wildwood shall collect
an administrative fee of three ($3.00) dollars per hour, per person,
assigned to said private entity. Said fee shall be used to offset
the administrative costs associated with the assignment of city police
officers.
(b)
In addition to the aforementioned administrative fee, said private
person or entity shall pay the City of Wildwood for the use or rental
of any city equipment based upon the following pay scale.
(1)
Unmarked police vehicle - $3.00 per hour.
(2)
Marked police vehicle - $3.50 per hour.
(4)
Vehicle Barricades - $1.50 per hour.
(c)
Notwithstanding anything to the contrary, the City of Wildwood
shall not be required to allow its equipment to be used on any off-duty
assignment.
6. Insurance.
(a)
Workers Compensation Fund. In addition to the aforementioned
fees for administrative costs, as well as fees for the hourly rate
of pay for said police officers, said private person or entity wishing
to employ off-duty police officers shall be required to pay the City
of Wildwood a separate fee of three ($3.00) dollars per hour. This
additional fee shall be used for the purposes of contribution to the
city's worker's compensation fund.
(b)
Insurance. Each private person or entity who shall employ off-duty
officers pursuant to this section responsible for maintaining their
own insurance coverage. Said insurance coverage shall include, but
not be limited to general liability to the City of Wildwood prior
to the assignment of any off-duty police officers to said private
person or entity. The private person or entity shall provide the aforementioned
for any and all officers, vehicles and/or equipment that is utilized
in the off-duty assignment.
7. Emergencies. The chief of police or his designee shall have the authority
to order any police officer, engaged in off-duty assignments within
the City of Wildwood to respond to an emergency situation within the
City of Wildwood. The chief of police or his designee shall also have
the right to order any off-duty assignment to be terminated whenever
said assignment creates an unacceptable risk to the health, safety
and welfare of the off-duty officer and/or the citizens of the City
of Wildwood. In the event a police officer is assigned to an emergency
situation, the police chief or his designee shall make note of said
emergency situation, as well as the time said officer was removed
from said off-duty assignment. In any situation where an off-duty
police officer is called to an emergency situation, said private person
or entity shall not be responsible for the payment of the officer's
hourly rate, administrative fee, or any other fees to the City of
Wildwood until such time as said police officer and/or equipment returns
to the assignment with the off-duty employer.
8. Indemnification. Any private person or entity requesting the services
of off-duty police officers shall indemnify the City of Wildwood for
any and all damages which may arise from the off-duty police officer's
employment by said private person or entity.
[Ord. No. 380-95 § 1A-7.3]
The director of the department of public affairs and public
safety shall have the power to appoint a suitable number of persons
as lifeguards, including one person to be designated as captain of
lifeguards. The life-guards shall be under the control of the director
of public affairs and public safety and when on duty shall be under
the direct command of the captain of lifeguards.
Subject to such rules and regulations as the director of the
department of public affairs and public safety shall from time to
time promulgate, the lifeguards shall patrol the beach and ocean front
of the City of Wildwood, advise and warn bathers and other persons
of any danger, man the lifeguard stands and lifeboats belonging to
the city, aid and assist any person in danger on the beach or in the
waters of the ocean or elsewhere, and maintain order on the beach.
[Ord. No. 380-95 § 1A-7.4;
amended 6-25-2014 by Ord. No. 1007-14; 8-13-2014 by Ord. No. 1010-14]
a. City Solicitor. Within the department of public affairs and public
safety there shall be a division of law, the head of which shall be
the city solicitor. He shall be an attorney-at-law of the State of
New Jersey but need not be a resident of the City of Wildwood.
[Amended 7-25-2018 by Ord. No. 1116-18]
b. Powers and Duties. The solicitor shall have the powers and perform
the duties as are required for the office of city solicitor by general
law or ordinance of the City of Wildwood. He shall represent the city
in all judicial and administrative proceedings in which the city or
any of its officers or agents may be a party or have an interest.
He shall give legal counsel and advice when required by the board
of commissioners and shall in general serve as the legal advisor to
the board of commissioners on all matters of city business. In furtherance
of these general powers and duties, but without limiting them, the
city solicitor shall:
1. Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the city.
2. Conduct appeals from orders, decisions or judgments affecting any
interest of the city when directed to do so by the board of commissioners
or when he in his discretion decides that it is necessary or desirable.
3. Subject to the approval of the board of commissioners, have the power
to enter into any agreement, compromise or settlement of any litigation
in which the city is involved.
4. Render opinions in writing upon any question of law presented to
him by the board of commissioners with respect to their official powers
and duties, and perform whatever duties may be necessary to provide
legal counsel for the board in the administration of municipal affairs.
5. Supervise and direct the work of any additional attorneys and technical
and professional assistance that the board of commissioners may authorize
for special or regular employment in or for the City of Wildwood.
6. Supervise and direct the work of the municipal prosecutor.
c. Municipal Prosecutor.
1. Qualifications. There shall be a municipal prosecutor who shall be
an attorney-at-law of the State of New Jersey.
2. Duties. The municipal prosecutor shall participate in, and prosecute
all cases when necessary and practicable in the municipal court of
the city; including all criminal and quasi-criminal matters and all
complaints by city officials, inspectors, department heads and officers
adjudicated in the said municipal court.
[Ord. No. 380-95 § 1A-6.8; Ord. No. 428-97 § 3; Ord. No. 438-97 § 1; Ord. No. 970-13]
The purchasing agent shall be appointed by the board of commissioners
and shall become eligible for Civil Service Certification one year
after such appointment. He shall have the following qualifications
and perform the following functions:
a. Qualifications.
1. He shall be a graduate of an accredited four-year college or university
or equivalent.
2. He shall have two years purchasing and procurement experience either
in private industry or in government.
3. He shall be a resident of the City of Wildwood.
b. Functions. The purchasing agent shall perform the following functions:
1. Purchase or contract for all supplies and contractual services required
by any municipal function in accordance with the procedures set forth
herein and such other rules and regulations as may be promulgated
by resolution of the commissioners.
2. Maintain and operate a centralized inventory and inventory control
for all municipal functions.
3. Review all municipal purchase orders with respect to quality and
quantity requisitioned and approve such specifications prior to the
purchase of the requisitioned materials.
4. Procure the highest quality supplies and contractual services commensurate
with the requirements of the job at the lowest possible price.
5. Obtain full and open competition on all procurements. It shall be
the obligation of the purchasing agent whenever there is evidence
of collusive bidding to report this fact with all data to the city
commissioners for possible action against the collusive bidders.
6. Maintain information on current developments in the field of purchasing
by either other government jurisdictions or other public or private
organizations.
7. Maintain vendors and materials catalog file which shall be cross
indexed and which file shall properly describe the vendor and all
commodities and services.
8. Prepare and secure with the cooperation of the several departments
standardized requirements of quality and of specifications of supplies
to be purchased or placed under contract or agreement; establish and
maintain adequate and permanent records including regulations, orders
for supplies, bid reports, and the like; set forth and maintain uniform
standards for purchase order and requisition forms.
9. Secure for the city all federal and state tax exemptions to which
it is entitled.
10. Maintain lists of all vendors, suppliers, contractors, etc., who
repeatedly default on price, materials, or delivery schedules.
11. Verify, utilizing the records of the chief financial officer, the
availability of budget appropriation balances sufficient to satisfy
any obligation created as a result of any purchase order, requisition,
etc., and further provide to the chief financial officer on a daily
basis, all encumbrances for each budget line item on account of purchase
orders, projected encumbrances, or requisitions issued that day.
c. Requisition and Estimate Requirements.
1. All municipal functions whether by or with the authorization of the
department head under which the function operates shall file with
the purchasing agent detailed requisitions or estimates of their requirements
for supplies or services in such a manner, at such times, and for
such future use as shall be required by the purchasing agent utilizing
forms prescribed by the chief financial officer; however, a municipal
employee as authorized under paragraph c, 2 below, hereinafter shall
not be prevented from filing with the purchasing agent at any time
a requisition or estimate for any supplies and services, the need
of which was not foreseen when the detailed estimates were filed.
2. The commissioner, head of each department, shall file with the purchasing
agent the names of the persons in his department who shall be authorized
to request and approve the requisitions for supplies or service.
3. No requisition or purchase order shall be honored by the purchasing
agent unless such shall have been approved by the commissioner, head
of the department, or by such person as the commissioner shall designate
for that purpose. A certification from the director of revenue and
finance that a sufficient unencumbered balance of appropriation is
available to pay therefor shall accompany each order.
4. In the event of an emergency, and for the immediate procurement of
supplies which are essential to protect the life, health, or safety
of the citizens, a commissioner may authorize the purchase directly
of any supplies the cost for which shall not exceed one thousand ($1,000.00)
dollars with the approval of the appropriate department head. Emergency
purchases of between one thousand ($1,000.00) dollars and the bid
threshold also need the approval of the purchasing agent. Emergency
purchases over the bid threshold also need the approval of the commissioner
in charge of the department and one other commissioner.
(a)
The commissioner, head of the department, shall submit to the
purchasing agent within 24 hours, a full written report of the circumstances
describing in detail the nature of the emergency and within 48 hours
of the completion of all repairs a requisition confirming receipt
of all supplies and services.
(b)
The purchasing agent shall not honor any requisition confirming
the delivery of such supplies or services included in the emergency
purchase except as outlined herein.
d. Purchase Control. All purchases shall be made by the purchasing agent
pursuant to a written purchase order according to the guidelines as
follows:
1.
Aggregate Item Cost
|
Required Action
|
---|
$0.1 to $5,399.99
|
No quote required
|
$5,400.00 to bid threshold
|
Attempt to obtain written multiple quotes
|
Bid threshold and over
|
Follow the statutory bid procedure where applicable and required
|
2. Where no quote is required or when verbal quotes are acceptable,
the purchasing agent shall establish a written record thereof.
3. The purchasing agent shall control the delivery of all supplies,
material and equipment and other items purchased.
e. Inspections and Tests. The purchasing agent shall cause an inspection
to be made of all deliveries and supplies or contractual services
to be performed to determine their conformance with the specifications
as set forth in the order or contract.
f. Contract Execution. The mayor shall execute and sign all contracts
awarded by the commissioners and authorized pursuant to law. The signature
of the mayor shall be attested to by the city clerk. The commissioner
of revenue and finance may, in the absence of the mayor, execute and
sign such contract to be attested to by the city clerk.
g. Inventory; Surplus Disposition. The purchasing agent shall have the
authority to dispose of excess supplies, materials, or equipment as
follows:
No materials may be disposed of except following receipt of
sealed bids received and opened not less than 10 days after public
advertisement unless specifically waived by resolution of the commissioners.
All such public sales shall be held in accordance with the applicable
statutory guidelines.
h. Applicability. Except as provided in this subsection, city officers
or employees shall not order or purchase any supplies or make any
contract other than through the purchasing office. Any purchase order
or contract made contrary to any provisions hereof or any procedure,
rule or regulation approved by the commissioners in reference hereto
shall not be approved by the commissioners and the city shall not
be bound thereby.
[Ord. No. 380-95 § 1A-7.6]
Within the department of public affairs and public safety there
shall be a division of welfare, the head of which shall be the local
assistance board. The local assistance board shall consist of five
members appointed by the board of commissioners. One member of the
board shall serve for a term of one year, and that member may be a
member of the board of commissioners. At least one of the five members
of the board of commissioners shall be a woman. Four members shall
serve for staggered terms of four years each. Members of the board
of assistance shall serve without compensation. The local assistance
board shall have all the powers, duties and responsibilities prescribed
for such a board by general law and ordinance and shall appoint a
director of welfare in accordance with state law.
[Ord. No. 380-95 § 1A-7.7]
There is hereby created a senior citizen commission composed
of five members, each of whom shall serve for a period of two years
subject to reappointment. The commission shall render advice, suggestions
and recommendations to the city in matters concerning the welfare
and well-being of senior citizens, and senior citizen programs, in
the city.
[Ord. No. 600-03 §§ 2,
3; Ord. No. 784-09; Ord. No. 853-11; Ord. No. 946-12]
a. Zoning Board of Adjustment. Pursuant to Ord. No. 946-12, the City
of Wildwood shall have a nine member Planning Board which shall exercise,
to the same extent and subject to the same restrictions, all the powers
of the Board of Adjustment and Planning Board.
Wherever the term Zoning Board of Adjustment is used in the
City of Wildwood Revised General Ordinances it shall be understood
to mean the nine member Planning Board as established by this subsection.
b. Planning Board. In accordance with the provisions of N.J.S.A. 40:55S-23,
there hereby is created and established within the City of Wildwood
a planning board. The planning board shall consist of nine members.
The membership of the planning board shall consist of, for convenience
in designating the manner of appointment, the four membership classes
that are set forth in N.J.S.A. 40:55D-23. All members of the planning
board, except for the member that is described in N.J.S.A. 40:55D-23
as the Class II member, shall be municipal residents. As permitted
by N.J.S.A. 40:55D-23, the member who is described in an N.J.S.A.
40:55D-23 as the Class II member may be, but is not required to be,
a municipal resident. All of the members of the planning board shall
be appointed in accordance with the provisions of N.J.S.A. 40:55D-23.
The powers, duties, functions and obligations of the planning board
shall be exercised in accordance with and governed by the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Pursuant to Ordinance No. 946-12, the City of Wildwood having
a population of fifteen thousand (15,000) or less shall provide for
a nine (9) member Planning Board which shall exercise, to the same
extent and subject to the same restrictions, all the powers of the
Board of Adjustment and Planning Board; and
The Class I and Class III members of the former single Planning
Board shall not participate in the consideration of applications for
development which involve relief pursuant to D of Section 57 of P.L.
1975, C. 291 (40:55D-70).
[Ord. No. 380-95 § 1A-7.9; Ord. No. 482-99 §§ 1-4; Ord. No. 692-07 §§ 1—9; Ord. No. 792-10; Ord. No.
815-10; Ord. No. 874-11 §§ 1, 2; Ord. No. 887-11 §§ 1, 2; Ord. No. 987-13]
a. Establishment; Organization. There shall be a fire department, the
director of which shall be the director of the department of public
affairs and public safety. Said department shall be deemed a part-paid
fire department, which shall consist of a municipal fire-fighting
division (paid) and a volunteer fire-fighting division (unpaid). The
mayor shall have a direct, active role in the supervision of this
department. Any disputes, problems or conflicts regarding personnel
or otherwise, shall be referred to said director directly and he shall
have the final authority in the resolution of said disputes, problems
and conflicts. Except for control at fires, the paid fire chief shall
perform all appropriate functions and duties associated with the supervision
and administration of the fire department and such other duties as
the said director may, from time to time, prescribe.
b. Division of Municipal Firefighting. The division of municipal firefighting
shall be headed by the paid fire chief and shall perform all appropriate
functions associated with (1) the care of fire equipment and apparatus;
(2) providing other related fire protection services; and (3) providing
ambulance and other rescue services.
c. Division of Volunteer Firefighting. It is in the tradition of the
city that the fighting of fires within the city has been conducted
by the joint effect of the Holly Beach Fire Company, Wildwood Fire
Company No. 1 and their Municipal Fire Division. Said volunteer fire
companies are hereby included within the fire department for organizational
and administrative purposes and in recognition of their historic contribution
to the city in fighting fires. The paid fire chief of the Municipal
Division shall also be the chief of the volunteer fire companies and
shall be vested with all rights and powers provided to him. Said volunteer
fire companies are subject to the bylaws and other internal rules
and regulations which govern their organization which shall not be
in conflict with such resolutions and ordinances as approved by the
governing body of the City of Wildwood. The fire chief shall have
sole control at fires subject to the supervision of the director of
public affairs and public safety.
d. Membership Applications. The volunteer fire division shall have its
prospective members apply for membership through a written application
available at either fire house in the City of Wildwood, fire chief
or purchasing personnel office. Said application shall set out all
pertinent information and be reviewed by the appropriate officers
located in the volunteer fire company who shall present to the membership
of the volunteer fire company any names of prospective members to
fill any vacancies which may exist. The number of positions in the
volunteer fire company shall be determined by the director of public
safety for the City of Wildwood. Following presentment to the members
of the company, the secretary of the volunteer company having a vacancy
shall forward, in writing, the name of any candidate for appointment
with their approval to the mayor, who may appoint, reject, or fail
to act which shall constitute a rejection of the name.
f. Election of Members. Each volunteer fire company would have the opportunity
to elect one of their members in good standing with a minimum of seven
years experience as battalion chief. Said battalion chief must be
a full time resident of the City of Wildwood. He shall be in full
charge of his volunteer fire company but be subject to the direction
of the paid fire chief.
g. Employment of Off-Duty Firefighters.
1. Findings. The board of commissioners of the City of Wildwood hereby
find and declare as follows:
(a)
It is in the best interest of the citizens of the City of Wildwood
to establish a procedure whereby the municipalities implements a system
permitting off-duty assignments of firefighters to be arranged through
a contract directly through the municipality and the private entity.
(b)
Any such contracts between the municipality and any private
entity must include a plan whereby the compensation for special assignment
fire and E.M.S. related services is channeled to the chief financial
officer. The chief financial officer shall record such compensation
received on a separate line in the Dedicated Fire Safety Trust Fund
Account (Dedicated Penalties). Proceeds from the compensation received
for special assignment of firefighters shall be disbursed to the individual
firefighters performing such services by the chief financial officer.
(c)
It is in the best interest of the City of Wildwood to establish
a procedure for the assignment of off-duty firefighters which will
allow for the greater protection of the citizens of the city.
2. The fire chief should be responsible for the assignment of all off
duty fire and E.M.S. related activities, and the billing of compensation
due to the city. The fire chief shall be assigned to designate other
members of the fire department, as needed, to assist in the assignment
of off-duty fire department related activities. The procedure for
assignment of off-duty firefighters shall be as follows:
(a)
The fire chief, or his designate, shall create and maintain
a list whereby firefighters may volunteer for off-duty firefighter
related activities.
(b)
The fire chief, or his designate, shall assign all off-duty
fire related activities from the aforementioned list of firefighters,
designating said assignments. Said assignments shall be made on a
rotating basis as the assignment becomes available.
3. Contracts with private entities. Any private person or entity desiring
to retain the services of firefighters of the City of Wildwood for
off-duty firefighting and E.M.S. related activities shall file, with
the fire chief, an application for the provision of such services.
The fire chief shall in his sole discretion, have the absolute right
to either approve or disapprove the application if such private person
or entity desiring to retain the services of firefighters of the City
of Wildwood for off-duty firefighting related activities. Any private
person or entity which is approved by the fire chief for the provision
of such services of firefighters should be required to enter into
a contract for the provision for such services with the City of Wildwood.
Said contract shall include, but not be limited to, the nature of
duties to be performed, location of said duties, dates and hours of
service, the rate of payment for services to firefighters, administrative
fees to the City of Wildwood, and fees for the use of city-owned equipment.
The contract may also provide for deposits in advance by the contractor
for services to be performed. The fire chief is hereby empowered to
execute a contract for off-duty fire and E.M.S. related activities
on behalf of the City of Wildwood in accordance with this paragraph
g.
4. Payment for special off-duty assignments. All private persons or
entities shall be required to make all payments for special off-duty
assignments payable to the City of Wildwood Fire Prevention of the
City of Wildwood. The Chief Financial Officer shall deposit the monies
collected from said private persons or entities, earmarked for payment
of the special assignment off-duty firefighters into the Dedicated
Fire Safety Trust Fund Account (Dedicated Penalties). All members
of the Fire Department shall be paid for services performed on the
regular pay date, after the receipt of funds from the contracting
party and upon submission of a pay slip approved by the Fire Chief
or his designee, and property authorized by the private entity or
persons. All firefighters shall be paid at an hourly rate of $50 per
hour.
[Amended 2-28-2018 by Ord. No. 1102-18]
5. Administrative costs.
(a)
In addition to the aforementioned fees to be collected by the
City of Wildwood from said private person or entity for the payment
of said off-duty firefighters, the City of Wildwood shall collect
an administrative fee of $5 per hour, per person, assigned to said
private entity. Said fee shall be used to offset the administrative
costs associated with the assignment of City firefighters.
[Amended 2-28-2018 by Ord. No. 1102-18]
(c)
Notwithstanding anything to the contrary, the City of Wildwood
shall not be required to allow its equipment to be used on any off
duty assignment.
6. Workers compensation and insurance.
(a)
Workers compensation fund. In addition to the aforementioned
fees for administrative costs, as well as fees for the hourly rate
of pay for said firefighters, said private person or entity wishing
to employ off-duty firefighters shall be required to pay the City
of Wildwood a separate fee of three dollars and fifty ($3.50) cents
per hour. This additional fee shall be used for the purpose of contribution
to the city's worker's compensation fund.
(b)
Insurance. Each private person or entity who shall employ off-duty
firefighters pursuant to this paragraph shall be responsible for maintaining
their own insurance coverage. Said insurance coverage shall include,
but not be limited to, general liability to the City of Wildwood prior
to the assignment of any off-duty firefighter to said private person
or entity. The private person or entity shall provide the aforementioned
for any and all firefighters, vehicles and/or equipment that it utilized
in the off-duty assignment.
7. Emergencies. The fire chief or his designee shall have the authority
to order any firefighter, engaged in off-duty assignments within the
City of Wildwood to respond to an emergency situation within the City
of Wildwood. The fire chief or his designee shall also have the right
to order any off-duty assignment to be terminated whenever said assignment
creates an unacceptable risk to the health, safety and welfare of
the off-duty firefighter and/or the citizens of the City of Wildwood.
In the event a firefighter is assigned to an emergency situation,
the fire chief or his designee shall make note of said emergency situation,
as well as the time said firefighter was removed from said off-duty
assignment. In any situations where an off-duty firefighter is called
to an emergency, said private person or entity shall not be responsible
for the payment of the firefighter's hourly rate, administrative fee,
or any other fees to the City of Wildwood until such time as said
firefighter and/or equipment returns to the assignment with the off-duty
employer.
8. Indemnification. Any private person or entity requesting the services
of off-duty firefighters shall indemnify the City of Wildwood for
any and all damages which may arise from the off-duty firefighter's
employment by said private person or entity.
[Ord. No. 380-95 § 1A-7.10; Ord. No. 428-97 § 2; Ord. No. 757-09 § 1]
a. Division of Recreation. There shall be a division of recreation which
shall:
1. Administer and operate the city's playground and playing fields,
facilities for indoor and outdoor sports and athletic and recreational
programs and activities for children and adults.
2. Administer and operate the city's social centers and recreational
functions and activities relating thereto.
3. Sponsor and administer cultural activities with other public and
private agencies and organizations.
4. Use and operate public school property upon the approval and agreement
of the board of education to the extent that such property may be
adaptable and available for recreational programs of the division.
5. Plan and develop public recreational areas and facilities, promote
and direct a year-round pro-gram of leisure activities for children,
youth and adults of the city; stimulate the constructive use of leisure
time of residents of the city; and work toward the reduction of delinquency
and the optimum coordination and development of public and private
recreational facilities within the city.
b. Office of Recreation Director.
1. Creation of office.
(a)
The office of recreation director (hereafter referred to as:
director) is hereby created in and for the City of Wildwood pursuant
to the provisions of this Code.
2. Qualifications; appointment; term; salary.
(a)
Qualifications. The director shall be qualified by training
and experience, must possess a certification as a recreation administrator
from the department of community affairs, or a college degree in recreation
or a related field, or experience in professional recreation work.
(b)
Appointment. Except as otherwise may be provided by statute
or law, the appointment to this position shall be made by the board
of commissioners of the City of Wildwood, with input and advice by
the City of Wildwood Recreation Commission. (Ordinance No. 820-10
abolished the recreation commission and assigned duties to the community
advisory board.)
(c)
Term. The director shall serve for a term in accordance with
the rules and regulations of civil service.
(d)
Salary. The salary of the director shall be as set forth in
the Salary Ordinance of the City of Wildwood.
3. Duties.
(a)
The director shall serve as the department head of the department
of recreation.
(b)
The director shall be responsible to provide a comprehensive
recreation and cultural program for city residents of all ages.
(c)
The director shall present to the recreation commission a monthly
written report detailing the programs which shall be available to
the citizens of Wildwood. In the absence of a recreation commission,
said report must be submitted to the commissioner of public works
and public property. (Ordinance No. 820-10 abolished the recreation
commission and assigned duties to the community advisory board.)
(d)
The director shall compile and make available to the citizens
of Wildwood a detailed schedule of programs at least four times per
year.
(e)
The director shall coordinate and implement programs developed
by civic organizations which are designed to benefit the citizens
of all ages in Wildwood.
(f)
The director shall be administratively accountable to the recreation
commission, the commissioner of public works and public property,
and municipal administrator. (Ordinance No. 820-10 abolished the recreation
commission and assigned duties to the community advisory board.)
(g)
The director shall be responsible for the operations of all
areas presided by the City of Wildwood Recreation Commission. (Ordinance
No. 820-10 abolished the recreation commission and assigned duties
to the community advisory board.)
(h)
The director may perform such duties as may be assigned by the
municipal administrator.
[Ord. No. 380-95 § 1A-7.12]
The office of health shall have the functions, powers and duties
as prescribed by general law, including the enforcement of the New
Jersey State Sanitary Code and any ordinance of the city relating
to public health. The head of said office shall be deemed the health
officer of the city. The health officer shall supervise and administer
the medical center of the city. Whenever the health officer finds
the public safety will not permit delay, he may exercise one or more
of the following powers without resorting to legal proceedings and
without the necessity of giving notice or holding any hearing which
would otherwise be required under any provision of this code:
a. The health officer shall prohibit the importation into the city,
or sale of any food, drink or other item intended for human consumption
or use from a source suspected of being infected, contaminated, unsanitary,
unhealthy or dangerous.
b. The health officer shall order the seizure and destruction of any
food, drink or other item intended for human consumption which is
unwholesome or dangerous or likely to cause sickness or injury to
the persons who consume it. For statutory and administrative purposes,
the board of commissioners shall be deemed the local board of health
and shall have all powers, duties and functions as prescribed by state
law or ordinance of the city.
c. The health officer shall order the suspension of any license issued
by the city and abate immediately the privilege licensed thereunder
if, in his opinion, the continuation of such privilege would pose
an immediate threat to the health, safety and welfare of the inhabitants
of the city.
[Ord. No. 712-07 § 1]
There is hereby established an office of emergency management.
An emergency management coordinator shall be appointed by the board
of commissioners for a term in conjunction with applicable municipal,
county, state and/or federal guidelines. The emergency management
coordinator shall perform any and all functions prescribed to him/her
by municipal, county, state and/or federal requirements. Duties and/or
responsibilities shall include, but not limited to:
a. Must be a resident of the City of Wildwood.
b. Chair the local emergency planning committee (LEPC).
c. Attend local and county emergency management meetings.
d. Take all appropriate training courses and maintain any and all required
certifications.
e. Any other duties as assigned by the board of commissioners and/or
county, state and federal agencies.
[Ord. No. 843-11]
a. Created. Within the department of public safety and public affairs
there is hereby created a parking utility. Under the supervision and
direction of the director of the department of public safety the utility
shall:
1. Supervise the installation, removal, repair and maintenance of the
municipal parking meters and the collection of proceeds therefrom
in conjunction with the department of revenue and finance;
2. Operate and maintain city-owned parking lots and provide custodial
services therefore in conjunction with the department of public works;
and
3. Supervise and employ all civilian parking enforcement officers and
employees to conduct parking utility business and pay the salaries
of such employees in accordance with classification and salary ordinances
duly adopted by the city;
4. Issue parking permits as provided by city ordinances along with the
city clerk or other authorized officers of the city; and
5. Provide for the sound management of parking resources in the City
of Wildwood and automation of parking meter collection and enforcement
activities practical.
b. Self Liquidating Enterprise and Operations. As provided in N.J.S.A.
40A:2-45 the parking utility of the City of Wildwood shall be a self
liquidating enterprise and shall have authority to charge and collect
monies for the use of the parking utility's operations, whether they
be user charges, permit fees, rental fees, or lease payments. All
moneys derived from operation of the public parking system utility
and any other moneys applicable to its support shall be segregated
and kept in a separate fund which shall be known as the "Parking Utility
Fund." The dedicated budget of the public parking system utility shall
include appropriations for operating expenses, capital improvements,
debt services for payment of any public parking utility bonds which
may be issued, principal and interest and all other deferred charges
and statutory expenses as may be required. Notwithstanding the foregoing,
no property may be acquired disposed of nor leased, nor any employees
hired nor any debt approved without the authorization of the governing
body of the City of Wildwood by appropriate ordinance or resolution
and no property shall be deemed to be transferred by the creation
of this utility.
c. Parking Garage. A parking garage, if proposed to be built on city
owned property with city taxpayer funding or at city expense, must
be approved by the residents of Wildwood through a referendum at a
general or special election.
[Ord. No. 380-95 § 1A-8.1]
The director of the department of parks, public property and
public works shall supervise the work of the department and its divisions
and shall be responsible for the proper and official conduct of all
public works functions of the city. The department shall:
a. Be responsible for all matters relating to the construction, management,
maintenance and operation of the physical properties of the city other
than office supplies, furniture and equipment, and the city water
utility.
b. Provide all mechanical services required by any department, office
or agency of the city, except as other-wise directed by the board
of commissioners.
[Ord. No. 380-95 § 1A-8.2]
The city engineer shall be assigned to the department of parks,
public property and public works and shall be a duly licensed professional
engineer of the State of New Jersey and shall have had practical experience
in engineering, but need not be a resident of the city. The city engineer
shall:
a. Make examinations, prepare surveys, levels, plans, profiles, measurements,
delineations, estimates, specifications and contracts for the construction
and repair of streets, alleys, culverts, drains, sewers, sidewalks
and other public works and improvements undertaken by the city, either
on force account or by public contract.
b. Supervise all such public works and furnish certificates upon their
partial or final completion.
c. Provide and maintain surveys, maps, plans, specifications, and control
records with respect to all public works and facilities owned or operated
by the city, except as otherwise directed by the board of commissioners.
d. Provide technical and engineering advice and assistance to other
city departments as needed, and perform all other services which may
properly be performed by a civil engineer and of which the city has
need, unless such services are specifically delegated to some other
officer or department of the city.
All papers, documents, memoranda, reports, original maps and
tracings, and other materials relating to the administration of engineering
duties of the city engineer shall be and remain the property of the
city. Upon the termination of his services with the city, the city
engineer shall immediately surrender to his successor any and all
such property.
[Ord. No. 380-95 § 1A-8.3; Ord. No. 1006-14 § 2]
Within the department of parks, public property and public works
there shall be a division of public works. Under the supervision and
direction of the director of public parks, public property and public
works the division shall:
a. Maintain and repair all city streets, bridges, culverts, drains,
sidewalks, curbs and gutters.
b. Construct and reconstruct streets, roads, bridges, culverts and drains;
treat road surfaces and resurface streets and roads according to the
standards and schedules made or approved by the city engineer.
c. Maintain all city streets in a clean and safe condition free of obstructions
and hazards, and remove snow and ice from such streets as required.
d. Study problems of street traffic congestion and control and street
lighting and recommend to the city engineer appropriate plans for
street improvement and use to satisfy traffic requirements in cooperation
with the chief of police.
e. Supervise the city recycling operations.
f. Install, repair and maintain street traffic signs, lines and markers
in cooperation with the chief of police, except as otherwise directed
by the board of commissioners.
g. Operate and maintain city-owned buildings, properties and parking
lots and provide custodial and janitorial services therefor.
h. Supervise the operations of the sanitation department and maintenance
of the beach.
i. Trim, plan, care for and preserve public parks, greens, grounds and
trees on public property.
j. Interface with the inter-local construction office.
k. Maintain and repair playing fields and playgrounds and recreation
areas and facilities when requested by and in accordance with the
instructions of the chairman of the board of recreation commissioners.
l. Supervise the installation, removal, repair and maintenance of the
municipal parking meters and the collection of proceeds therefrom.
[Ord. No. 770-09 §§ 1,2]
a. Establishing a Cable Television Advisory Board. There is hereby established,
under the department of public works and public property, a cable
television advisory board in the City of Wildwood. Said board shall
consist of seven members and two alternates, to be appointed by the
mayor, with the advice and consent of the board of commissioners of
the City of Wildwood. Members of the cable television advisory board
shall serve without compensation. The initial appointees to the board
shall serve terms with expiration dates as follows:
1. Four regular members — terms expire 12/31/2010.
2. Three regular members — terms expire 12/31/2009.
3. Alternate No. 1 — term expires 12/31/2009.
4. Alternate No. 2 — term expires 12/31/2009.
Thereafter, all subsequent appointees as regular members shall
serve two-year terms, commencing on January 1. Alternate No. 1 and
Alternate No. 2 members shall serve one-year terms, commencing on
January 1 and expiring on December 31 of the same year.
b. Purpose. The purpose of the cable television advisory board is to
establish guidelines and make recommendations concerning the cable
television franchise application/renewal process, while reviewing
and monitoring any franchise awarded. The cable television advisory
board shall utilize such secretary as may be appointed by the director
of the department of public works and public property, and shall utilize
the services of the municipal solicitor for all legal matters.
[Ord. No. 380-95 § 1A-9.1]
There shall be a municipal court of the City of Wildwood pursuant
to the provisions of Chapter 246 of the 1948 Laws of New Jersey, as
amended and supplemented, to be known as the "Municipal Court of the
City of Wildwood, Cape May County". The municipal court shall have
a seal bearing the impress and name of the court. The municipal court
shall be held in the City Hall of the City of Wildwood or in such
other place as the board of commissioners shall, from time to time
by resolution, designate. It shall exercise all the functions, powers,
duties and jurisdiction conferred upon municipal courts by the provisions
of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented,
or by any other law.
[Ord. No. 380-95 § 1A-9.2]
There shall be a municipal magistrate of the municipal court
appointed by the board of commissioners, who shall serve for a term
of three years from the date of appointment and until a successor
is appointed and qualifies. The municipal magistrate shall possess
the qualifications and shall have and exercise all of the functions,
duties, powers and jurisdiction conferred by Chapter 264 of the 1948
Laws of New Jersey, as amended and supplemented, or by any other general
law or ordinance.
[Ord. No. 380-95 § 1A-9.3]
There shall be a clerk of the municipal court, who shall be
appointed by the board of commissioners and who shall perform the
functions and duties prescribed for him by law, the rules applicable
to municipal courts and by the municipal magistrate. His duties shall
include, but shall not be limited to:
a. Carrying out the rules, regulations, policies and procedures relating
to the operation of the court.
b. Interviewing and speaking to prospective complainants, receiving
complaints and dispensing information relating to court matters.
c. Maintaining the financial records of the court.
d. Attending court, taking minutes of trials and entering them in the
docket; arranging trial calendars, signing court documents; preparing
and issuing warrants and commitments.
e. Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs.
f. Interviewing persons on informal police court matters to determine
if there is a basis for formal action and, if necessary, issue summonses
requiring court appearances in this regard; maintaining and classifying
records and files.
[Ord. No. 380-95 § 1A-9.4; Ord. No. 869-11]
a. An indigent defendant applying for representation by the municipal
public defender in the City of Wildwood shall pay an application fee
of two hundred ($200.00) dollars.
b. The municipal court judge may waive the required application fee,
in whole or in part, if the judge determines, in his or her discretion,
that the application fee represents an unreasonable burden on the
person seeking representation.
[Ord. No. 380-95 § 1A-10.1]
a. The budget shall be prepared by the director of revenue and finance
with the aid of the municipal auditor and the chief financial officer.
During the month of October, the board of commissioners shall require
all department heads to submit requests for appropriations for the
ensuing budget year and to appear before the board at public hearings
which shall be held during the month of November on the various requests.
On or before January 15, the director of revenue and finance shall
submit the recommended budget to the board of commissioners, together
with explanatory comment or statement as he may deem desirable.
b. The budget document 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 all in accordance with N.J.S.A. 40A:4-1 (the
Local Budget Law).
c. The board of commissioners may reduce or increase any item or items
in the proposed budget by a vote of the majority of the board of commissioners.
[Ord. No. 380-95 § 1A-10.2]
a. The chief financial officer shall supervise the administration of
each annual budget. In consultation with the director of revenue and
finance and the municipal auditor, he shall establish quarterly or
other periodic allotment of appropriations as he may deem necessary.
Each department shall plan and administer its expenditure program
within the limits of these allotments.
b. If at any time during the budget year the chief financial officer
shall ascertain that the city 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 board of commissioners,
he may revise budget allotments so as to forestall, as far as possible,
the making of commitments and expenditures in excess of the revenues
to be realized and finance a copy of such revised allotments, and
the director of revenue and finance shall control all expenditures
within the limits thereof.
[Ord. No. 380-95 § 1A-10.3; Ord. No. 438-97 § 2; Ord. No. 447-97 § 1]
a. Public bids received pursuant to N.J.S.A. 40:11-1 et seq. may be
received at a time and place designated by the board of commissioners
or by the purchasing agent, or a representative of that office, who
shall attend the public bid opening. The purchasing agent shall supervise
the bid acceptance meeting. A representative from the city clerk's
office will be present to record the proceedings.
b. The purchasing agent, under the supervision of the commissioner of
public affairs and public safety, is empowered to prepare specifications
for the performance of work or the purchases or furnishing or hiring
of any materials, supplies or services needed by the city, to publicly
advertise for and receive bids on the aforesaid, to require bidding
deposits made in conjunction with bids and performance security from
contractors who are awarded bids, and, when desirable, to establish
regulations for the qualification of prospective bidders and classify
and reclassify prospective bidders, all in accordance with N.J.S.A.
40A:11-1 et seq.
c. All advertisements for bids shall be published at least once, ten
days prior to the date fixed to receive bids, in the official newspaper
of the city. All bids requiring public advertisement shall designate
the manner of submitting bids, the method of receiving bids and the
time and place for receipt of bids.
d. Bids received in advance shall remain sealed and shall only be opened
for examination at the time and place fixed for the receipt of bids.
At the time and place set for the receipt of bids, all bids tendered
shall be publicly received and immediately unsealed and their contents
announced publicly in the presence of any present bidding parties
or their agents. The price and terms of the bids shall become incorporated,
as a part of the minutes of the board meeting at which the board of
commissioners takes action thereon.
e. The board of commissioners shall award the contract or reject all
bids within 60 days after receipt. The board of commissioners shall
reserve the right at all times to reject any and all bids received.
f. The security delivered with the bids shall be returned to the unsuccessful
bidders within three days, Saturdays, Sundays and holidays excepted.
The security of the successful bidder shall be retained until a contract
is executed and any performance security has been submitted.
g. In awarding the bid, any authorized formal contract shall be executed
by the mayor, attested by the clerk and the seal of the city affixed
thereto. In lieu of a formal contract, the purchasing agent may issue
a purchase order to the successful bidder for the required purchase.
The successful bidder shall then be required to perform in accordance
with the terms set forth in the specifications for such items.
[Ord. No. 380-95 § 1A-12]
The board of commissioners shall serve as the alcoholic beverage
control board and shall be the issuing authority for the city and
shall assume all duties, powers, functions as conferred upon it by
N.J.S.A. 33:1-1 et seq. The alcoholic beverage control board shall
be represented by the municipal solicitor in all matters when requested
or required.
[Ord. No. 380-95 § 1A-13.1]
All references in any other ordinance or resolution to the mayor
and/or council which exists by virtue of the prior form of government
shall be interpreted as the mayor and commissioners of the City of
Wildwood. Such provisions shall be liberally construed to effectuate
the organization and regulation of this municipal government and the
enforcement of the ordinance as adopted by this municipality. All
ordinances and resolutions of the city to the extent that they are
not inconsistent with the provisions of this code or general law shall
remain in full force and effect until modified or repealed as provided
by law.
[Ord. No. 380-95 § 1A-13.2]
Offices, employment and positions within the classified service
of the Civil Service under Title 11 of the Revised Statutes of New
Jersey or which are held by any officer or employee protected by any
other tenure-of-office law and their respective compensations, as
created and established by ordinance in force and effect, shall be
continued. Nothing contained in this chapter shall affect the compensation,
tenure or pension rights of any officer or employee employed in such
classified service or under any such protected tenure.
[Ord. No. 380-95 § 1A-13.3]
Each person holding such office or employment shall be transferred
to and employed within the department or agency to which the functions,
powers and duties in which he was formerly employed are transferred
and vested by or pursuant to this code.
[Ord. No. 380-95 § 1A-14]
Certain new positions for employees employed by the City of
Wildwood shall be established, as the same are included in a certain
schedule which shall augment and supplement positions of employment
existing within the city. An exact schedule or listing of the positions
is included in the following schedule:
Supervising parking lot attendant.
Public works foreman.
Beach maintenance superintendent.
Sewage plant operator.
Sewage plant foreman.
Senior building maintenance worker.
Water service inspector.
Laborer-foreman.
[Ord. No. 380-95 § 1A-16]
If, in the discretion of a majority of the board of commissioners,
it is deemed necessary to create additional departments or subdivisions
of existing departments, the board of commissioners may, by majority
vote, create the same through resolution.