[1972 Code § 2-51.1]
N.J.S.A. 40A:14-156 et seq. (hereinafter "Statute") allows municipalities
to provide emergency intermunicipal police assistance to other municipalities
which adopt similar reciprocal ordinances.
The Township Council of the Township of Piscataway deems it
to be in the best interests of the residents of Piscataway to enact
an ordinance pursuant to the Statute in order to provide for the health,
safety and welfare of the residents of the Township of Piscataway.
Piscataway Township hereby cooperates with all other municipalities
which adopt a similar reciprocal ordinance providing for intermunicipal
Police assistance in times of emergency.
[1972 Code § 2-51.2]
a.
This intermunicipal assistance will be provided if and when the Township
of Piscataway has an emergency within its boundaries requiring additional
Police assistance to protect life and property, or to assist in suppressing
a riot or disorder and whenever another municipality which has enacted
a similar reciprocal ordinance may experience a similar emergency
requiring additional Police assistance.
b.
The Chief of Police and/or his designee or the highest ranking officer
on duty at the time is hereby authorized to request assistance from
the Chief of Police and/or his designee or highest ranking officer
on duty of the Police Departments of other municipalities for intermunicipal
Police assistance during and/or after an emergency situation.
c.
The Chief of Police of Piscataway Township and/or his designee shall
provide assistance to another municipality or municipalities making
a valid request to supply such personnel and equipment to the extent
possible without endangering person or property within the Township
of Piscataway.
d.
Members of the Piscataway Police Department supplying emergency assistance
to another municipality shall have the same powers and authority as
have the members of the Police Department of the municipality in which
said assistance is being rendered. Additionally, said members shall
also have while so acting said rights and immunities as they may otherwise
enjoy in the performance of their normal duties within the Township
of Piscataway.
e.
The Township of Piscataway shall, upon providing assistance to another
municipality which has enacted a similar intermunicipal assistance
ordinance, assume the cost and expense of providing said personnel
and equipment to the requesting municipality, excepting such instances
when the requesting municipality receives State or Federal aid as
reimbursement or if private concerns are involved and the requesting
municipality receives reimbursement. Therefore, in this event, the
costs incurred by the Township shall be submitted to the municipality
which requested assistance for reimbursement.
f.
At such times that an emergency may occur and intermunicipal Police
aid is requested, the Chief of Police and/or his designee of the municipality
wherein said emergency situation exists, shall be the senior ranking
officer of all members of any Police Department rendering assistance
within the boundaries of said municipality.
g.
In the event any member of a Police Force summoned pursuant to an
agreement to render assistance suffers injury or death in the performance
of his or her duties, he/she or his/her designee or legal representative
shall be entitled to such salary, pension rights, workman's compensation
or other benefits as would have accrued if such injury or death had
occurred in the performance of his or her normal duties.
h.
A copy of this section shall be transmitted to the Municipal Clerk
of each municipality in Middlesex County no later than five business
days following its adoption. The Clerk of the Township of Piscataway
shall maintain a record of all such similar ordinances adopted by
other municipalities.
[1972 Code § 2-40.1]
The Township shall hereby indemnify its officials, employees,
and appointees, pursuant to N.J.S.A. 59:10-4, in accordance with indemnification
provisions applicable to State employees.
[1972 Code § 2-40.2]
As used herein:
Shall mean present or former elected members of the Governing
Body, present or former appointees, and employees or members of the
various boards, agencies, and commissions of the Township of Piscataway.
[1972 Code § 2-40.3]
The Township of Piscataway shall provide for the defense of
actions or proceedings brought against its officials, employees, and
appointees and shall indemnify such officials to the extent hereinafter
set forth, the intent of this section being to save harmless and protect
such persons from financial losses resulting from litigation.
[1972 Code § 2-40.4]
The indemnification provided by this section shall apply to
any act or omission of said officials, employees, or appointees, whether
intentional or not, occurring within the scope of his or her employment
by the Township, or if said official, employee, or appointee was or
is a party to, or is threatened to be made a party to, any threatened,
pending or completed action, suit, or proceeding, whether criminal,
civil, administrative, or investigative, by reason of the fact that
he or she was an official, employee, or appointee of the municipality.
The Township shall indemnify said official, employee, or appointee,
and shall save him or her harmless from any claim, loss, expense,
attorney's fee, judgment, fine, and amount paid in settlement actually
and reasonably incurred by him or her in connection with such action,
suit, or proceeding, to the full extent permitted by the laws of the
State of New Jersey, except as specifically modified herein.
[1972 Code § 2-40.5]
Notwithstanding the prior provisions of this section, it shall
not provide any indemnification in the following circumstances:
a.
For any act or omission not within the scope of employment as a municipal
official.
b.
For any act or failure to act, constituting actual fraud, willful
misconduct, or actual malice.
c.
For any situation in which the defense of an action or proceeding
is provided by an insurance policy or policies, whether obtained by
the Township or by any other person.
d.
Where the municipal official fails to deliver to the Township Clerk
within 15 days after he or she is served with any summons, complaint,
process, notice, demand or pleading, the original or an accurate copy
of the same.
e.
Where the municipal official fails to cooperate with the defense.
f.
Where the municipal official fails to request the indemnity provided
by this section.
g.
Where the action or proceeding is instituted by the Township against
the municipal official.
[1972 Code § 2-40.6]
The Township shall defray the cost of defending any criminal
action or proceeding brought against the municipal official, providing:
a.
The defraying of such cost is not prohibited by Statute, ordinance,
or resolution, where the criminal action has been dismissed or results
in a final disposition inconsistent with the guilt of the municipal
official.
b.
When providing for the defense of any municipal official, the Township
may make such necessary demands as it deems reasonable, in its sole
discretion, to determine that the municipal official is innocent of
the charges brought or to be brought against him or her. In this regard,
the Township Council may approve of such actions as it deems appropriate,
in written form, the contents of which may be withheld from public
dissemination until the conclusion of the action or proceeding, in
the discretion of the Council.
[1972 Code § 2-40.7]
Nothing herein shall be deemed to authorize the Township to
pay or agree to pay punitive damages resulting from actual fraud,
willful misconduct, or actual malice.
[1972 Code § 2-40.8]
Whenever the Township determines, pursuant to the authority
provided in this section, to provide any defense required of it hereunder,
the Township, through Counsel, shall assume exclusive control of the
representation of the municipal official and may designate defense
counsel for such official.
[1972 Code § 2-40.9]
Whenever the Township provides a defense pursuant to the authority
provided hereunder, the Township may elect to, in its sole discretion:
[1972 Code § 5-26.1]
As used in this section:
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and/or fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division and/or the State Bureau of Identification of the New Jersey
State Police.
Shall mean information collected by criminal justice agencies
concerning persons and stored in the computerized databases of the
New Jersey State Police SBI Criminal History Information System, the
National Law Enforcement Telecommunications System or other states'
computerized repositories containing criminal history record information
consisting of identifiable descriptions and notations of arrests,
indictments, or other formal criminal charges, and any dispositions
arising therefrom, including convictions, dismissals, correctional
supervision and release.
Shall mean the Township of Piscataway Police Department.
Shall mean any purpose, other than administration of criminal
justice or criminal justice purpose, including employment and licensing,
for which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a Federal or
State Statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this section, to
the State Bureau of Identification for the dissemination of criminal
history record information.
Shall mean corporation, association or other organization
established pursuant to Title 15 and Title 15A of the New Jersey Statutes,
or other law of this State, but excluding public and nonpublic schools,
and which provides recreational, cultural, charitable, social or other
activities or services for persons younger than 18 years of age, and
is exempt from Federal income taxes.
Shall mean the New Jersey State Bureau of Identification
created by N.J.S.A. 52:1-12 et seq. as a Bureau within the Division
of State Police.
Shall mean any programs sponsored by the Township which provide
and utilize Township facilities and/or Township property.
[1972 Code § 5-26.2]
a.
The Township requires that all employees and volunteers of a nonprofit
youth serving organization request through the Department that the
State Bureau of Identification in the Division of State Police conduct
a criminal history record background check on each prospective and
current employee or volunteer of the organization.
b.
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in subsection 2-72.3.
c.
The Township shall conduct a criminal history record background check
only upon receipt of the written consent to the check from the prospective
or current employee or volunteer.
d.
The Township shall bear the costs associated with conducting the
criminal history record background checks.
[1972 Code § 5-26.3]
a.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or offenses:
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A.
2C:15-1 et seq.;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:14-1
et seq.;
2.
In any other State or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in paragraph a1 above of this subsection.
b.
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer of a nonprofit youth servicing organization and/or the employee
or volunteer involved with Township-sponsored programs involving minors,
the Township shall presume that the employee or volunteer is innocent
of any charges or arrests for which there are no final dispositions
on the record.
c.
The determination of whether the information contained in the criminal history record is sufficient to disqualify an employee or volunteer shall be made by the Director of the Department of Recreation of the Township of Piscataway. Any employee or volunteer dissatisfied with the determination by the Director of the Department of Recreation shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to Section 2-72.7.
[1972 Code § 5-26.4]
a.
Prospective or current employees and volunteers of nonprofit youth
serving organizations and/or employees and volunteers of Township-sponsored
programs involving minors shall submit their names, addresses, fingerprints
and written consent to the organization for the criminal history record
background check to be performed. The organization shall submit this
documentation to the Police Director of the Township of Piscataway,
or his designee, who shall coordinate the background check.
b.
The Department shall act as a clearing house for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to this section.
c.
The Township may, in its discretion, engage the services of a third
party independent agency to conduct the criminal history record background
checks authorized under this section.
[1972 Code § 5-26.5]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment is restricted to authorized
personnel of the nonprofit youth serving organization and/or the Township-sponsored
program involving minors, on a need-to-know basis, as authorized by
Federal or State Statute, rule or regulation, executive order, administrative
code, local ordinance or resolution regarding obtaining and dissemination
of criminal history record information obtained under this section.
b.
Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
obtained and criminal history record information furnished shall not
be disseminated to persons or organizations not authorized to receive
the records for authorized purposes. Use of this record shall be limited
solely to the authorized purpose for which it was given and it shall
not be disseminated to any unauthorized persons. This record shall
be destroyed immediately after it has served its intended and authorized
purpose. Any person violating Federal or State regulations governing
access to criminal history record information may be subject to criminal
and/or civil penalties.
[1972 Code § 5-26.6]
If this criminal history record may disqualify an applicant
or existing employee or volunteer for any purpose, the person making
the determination shall provide the disqualified person with an opportunity
to complete and challenge the accuracy of the information contained
in the criminal history record. The disqualified person shall be afforded
a reasonable period of time to correct and complete this record. A
person is not presumed guilty of any charges or arrests for which
there are no final dispositions indicated on the record.
[1972 Code § 5-26.7]
a.
Criminal Background Check Appeal Process. If the Director of the
Department of Recreation disqualifies an employee or volunteer or
denies the challenge concerning the accuracy of a criminal history
report, the employee or volunteer may appeal that determination by
filing a written notice of appeal with the Township Clerk no later
than 20 days after receiving the determination from the Director of
the Department of Recreation. Any appeal requested shall proceed before
the Criminal Background Check Appeal Panel.
b.
Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this section by the Director of the Department
of Recreation, the Township of Piscataway hereby creates a Criminal
Background Check Appeal Panel, which shall consist of three members.
The composition of the Criminal Background Check Appeal Panel shall
be as follows:
1.
One member of the Criminal Background Check Appeal Panel shall be
the Police Director of the Township of Piscataway;
2.
Two members of the Criminal Background Check Appeal Panel shall be
selected by the Mayor of the Township of Piscataway.
The terms of the members of the Criminal Background Check Appeal
Panel shall be for three years, with each member serving without compensation.
c.
Powers of Appeal Panel. The Criminal Background Check Appeal Panel
is granted and shall have and exercise, in addition to other powers
herein granted, all the powers necessary and appropriate to carry
out and execute the purposes of this section, including but not limited
to, the following:
1.
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination of the Director of the Department
of Recreation concerning the disqualification of the employee or volunteer.
2.
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination of the Director of the Department
of Recreation concerning the accuracy of the criminal history record.
[Ord. No. 08-25 § 1]
Pursuant to N.J.S.A. 43:15C-2, the positions set forth on Schedule
"A"[1] annexed hereto are deemed to be eligible for and shall
participate in the Defined Contribution Retirement Program.
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. No. 08-25 § 2]
Individuals serving in the positions set forth on Schedule "B"[1] annexed hereto are exempt from Defined Contribution Retirement
Program membership, pursuant to N.J.S.A. 43:15C-2.
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. No. 08-25 § 3]
If an individual is appointed to one of the positions listed in subsection 2-73.1 and the individual is not serving in a position as described in subsection 2-73.2, the Pension Certifying Officer of the Township may determine that the individual is not required to join both the Defined Contribution Retirement Program if that individual: (a) was an active participant in the Public Employee Retirement System on July 1, 2007 and has remained so continuously since that time; (b) has been appointed pursuant to a valid promotional process; (c) is appointed on a temporary, interim or "acting" basis to a position requiring State Certification as set forth in subsection 2-73.2, and is in pursuit of the required certification; or (d) meets such other exemptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 08-25 § 4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1, et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. No. 08-25 § 5]
Should any part or parts of this section be held to be invalid
by any competent court of law, such invalidity shall only affect the
part or parts held to be invalid, and all other parts shall remain
in full force and effect.
[Ord. No. 08-25 § 6]
A copy of this section shall be filed with the Director of the
Division of Pensions & Benefits of the New Jersey Department of
the Treasury.
[Ord. No. 14-10]
a.
Net pay of all employees of the Township of Piscataway will be provided
through mandatory direct deposit.
b.
The bank account into which each Township employee's net pay is deposited
shall be determined by said Township employee, who must indicate,
in writing, to the proper disbursing officer, the specific banking
institution and designated checking account, savings account, or share
account into which he or she wishes to have said net pay deposited.
c.
The Chief Financial Officer of the Township of Piscataway may determine
special exceptions to mandatory direct deposit for seasonal or temporary
employees, terminated employees, special awards and other unique circumstances.
