[Ord. No. 201 § 1]
All moneys received from any source by or on behalf of the Township
of Maurice River, or by any Township Committee-member, except school
moneys, shall be paid to the Township Treasurer.
[Ord. No. 201 § 2]
It shall be unlawful for the Township Committee or the Financial
Officers of the Township to pay out or disburse any of the moneys
of the Township to any person, unless the person claiming or receiving
such moneys shall first present to the Township Committee a detailed
bill of items of demand, specifying particularly how such bill is
made up, with the certification of the party claiming the money; provided,
that in the case of a corporation, the certification shall be made
by some officer or agent of the corporation having knowledge of the
facts attested to.
[Ord. No. 201 § 3]
All warrants for the disbursement of moneys of the Township
of Maurice River shall be drawn by the Treasurer and signed by the
Chief Executive Officer of the Township and countersigned by the Township
Clerk. Warrants for salaries and to meet the payroll of persons regularly
employed by the Township shall be drawn as of course, without being
presented to the Township Committee, unless otherwise ordered by the
Committee.
[Ord. No. 323 § 1]
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay any claims in excess of two thousand
five hundred ($2,500.00) dollars to any holder of real estate located
in Maurice River Township, Cumberland County, New Jersey, damaged
by fire pursuant to any fire insurance policy issued or renewed after
the date of the adoption of this section, and the filing of same with
the New Jersey Commissioner of Insurance, until such time as all taxes,
assessments, demolition costs, or other municipal liens or charges
due have been paid to Maurice River Township.
[Ord. No. 323 § 2;
New]
Prior to the payment of any fire insurance claim in excess of
two thousand five hundred ($2,500.00) dollars, the insurance company,
either directly or through the owner of the real estate damaged by
fire, shall request and receive, upon payment of the established fee,
an official Certificate of Search from the Township Tax Collector
certifying payment of all above listed charges.
[Ord. No. 323 § 3]
If there are due and owing to the Township any charges as above
listed, then the Tax Collector shall so indicate the amount on the
official Certificate of Search, including any subsequent charges allowed
by statute. If demolition has not been completed, the Tax Collector
shall provide an estimate of demolition costs. Charges so listed on
the official Certificate of Search shall be paid by the insurance
company directly to the Township prior to the payment of fire insurance
claims to the real estate owner.
[Ord. No. 323 § 4]
The Township Committee may enter into an agreement with the
owner of any fire damaged property located in Maurice River Township
to pay in full all delinquent taxes, assessments or municipal liens
by installments pursuant to N.J.S.A. 54:5-19, or for the redemption
of the tax sale lien by installment payments pursuant to N.J.S.A.
54:5-65, et seq., if the Township Committee is satisfied that the
claim for fire damages is to be used to restore or improve the fire
damaged property. The insurance company receiving a certified copy
of a Resolution of Agreement from the Township Committee is authorized
to make full payment on the claim to the insured person.
[Ord. No. 323 § 5]
A municipal claim made in accordance with the provisions of
this section shall be paramount to any other claims on the proceeds
of the fire insurance policy as specifically set forth in N.J.S.A.
17:36-8, et seq.
[Ord. 323 § 7]
This section shall take effect immediately upon its passage
and publication according to law and after same has been filed with
the New Jersey Commissioner of Insurance pursuant to N.J.S.A. 17:36-8,
et seq.
[Ord. No. 330 § 1]
Whenever an officer and/or employee of the Township of Maurice
River is named as a defendant in any action or legal proceeding arising
out of or incidental to the performance of his or her duties as an
employee or officer of Maurice River Township, the Township Committee
shall provide the officer and/or employee with the necessary defense
or, at the Township Committee's option, a means for defense of such
action or proceeding and shall hold the officer and/or employee harmless
from any payment, settlement or judgment resulting from the proceedings
except in the following situations:
a.
Where the action or legal proceedings has been brought by the Township
of Maurice River itself against the officer and/or employee.
b.
Where the officer and/or employee has been specifically found by
the trier of fact in civil or criminal proceedings to have acted with
actual fraud, actual malice or willful misconduct or that the officer
and/or employee was acting outside of his official position with the
Township.
[Ord. No. 385 §§ 1—4; Ord. No. 667-2018]
a.
This subsection may be known as the Returned Check Policy.
b.
Whenever a check, any form of on-line payment, payment by debit card,
payment by credit card, or payment in any other form other than cash,
payable to any account of Maurice River Township is returned for insufficient
funds, a service charge of twenty ($20.00) dollars per transaction
shall be added to the account. The service charge shall be paid and
credited before any other payment on the account is accepted and credited.
[Ord. No. 667-2018]
c.
Unpaid service charges shall become delinquent and, when applicable,
a lien against property, to be enforced in the same manner as other
liens.
d.
Any person whose returned checks become chronic, as determined by
the Chief Financial Officer, may thereafter be required to pay in
cash or by certified or cashier's check.
[Ord. No. 517; Ord. No. 557; Ord. No.
591; Ord. No. 602]
The Township policy pursuant to Open Public Records Act (OPRA)
is hereby adopted as follows:
a.
Request for Access to Government Records. The Township hereby adopts
the attached form for the use of any person who requests access to
a public record held or controlled by the Township.
b.
Photocopying Charges. Except as otherwise provided by law or regulation,
the fees for the duplication of a government record embodied in the
form of printed matter shall be the following:
c.
Disk Reproduction. Except as otherwise provided by law or regulation,
the fee assessed for the duplication of a government record in another
medium such as computer disc, CD-ROM, DVD, shall be the actual cost
to provide such records.
d.
Electronic Records. All electronic records, such as records sent
via e-mail and fax, shall be provided free of charge.
e.
Other Charges. Except as otherwise provided by law or regulation,
the fees assessed for certain maps and/or ordinances shall be as follows:
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1.
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Municipal Lien Search
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$10.00
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2.
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List of Property Owners within 200 feet
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$10.00 or 25¢ per name
(whichever is greater)
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3.
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Zoning Map
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$2.00 per page
(11x17 copy) or
$4.00 (11x17 full map set)
$5.00 (full map set with mailing)
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4.
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Zoning Map on Compact Disc
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$5.00 per Compact Disc
$6.00 per Compact Disc with mailing
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5.
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Master Plan
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$20.00/each
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6.
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Land Development Regulations Book
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$85.00/each
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7.
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911 Maps
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$10.00/each
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[Ord. No. 604 §§ 1,
2]
a.
Certified Copies of Vital Statistics Documents. Ten ($10.00) dollars
for the first certified copy and five ($5.00) dollars for each additional
certified copy purchased at the same time. The ten ($10.00) dollar
fee for the first certified copy shall be allocated four ($4.00) dollars
to the Registrar of Vital Statistics and six ($6.00) dollars to the
Township of Maurice River. The fees for additional copies purchased
at the same time shall be allocated two ($2.00) dollars to the Registrar
of Vital Statistics and three ($3.00) dollars to the Township of Maurice
River.
b.
Marriage License Fee. Twenty-eight ($28.00) dollars which shall be
allocated twenty-five ($25.00) dollars to the State of New Jersey
and three ($3.00) dollars to the Registrar of Vital Statistics.
[Added 11-17-2022 by Ord. No. 717]
a.
A resolution shall be adopted by the Township Committee which authorizes
the Tax Collector of Maurice River Township to issue and execute duplicate
tax lien certificates that have been lost or destroyed.
b.
The true and lawful owner of the lost or destroyed tax sale certificate
shall complete and execute an affidavit of lost tax sale certificate
prior to the issuance of the duplicate tax sale certificate.
c.
The Tax Collector of Maurice River Township shall charge a fee of
one hundred dollars ($100) per duplicate tax sale certificate.
d.
In extenuating circumstances such as fire, flood or loss by a governmental
entity, the fee of one hundred dollars ($100) may be waived by the
Township Committee, provided such extenuating circumstance are supported
by documentation and/or affidavit of same.
[Ord. No. 518 §§ 1—5]
a.
Uses Permitted. The Senior Center must be used primarily for the
conduct of activities serving the senior citizen population of Maurice
River Township. This facility shall not serve as a community center.
Activities other than those directly in support of senior citizen
activities shall only be incidental to the primary purposes for the
facility and only when it can be demonstrated that said activity would
not interfere with any activities presently being implemented or contemplated
by the municipality for its senior citizens.
b.
Hours of Operation. The hours of operation of the Senior Center shall
be so designated by the Maurice River Township Committee and will
be during normal working hours of the municipal building as well as
certain evening and weekend hours when appropriate.
c.
Senior Citizen Program Aide. The Senior Citizen Program Aide shall
plan, coordinate and conduct programs providing social, recreational,
and educational activities for senior citizens and shall do related
work as necessary and appropriate. The Senior Citizen Program Aide
shall also be responsible for planning, coordinating and conducting
programs with County, State and Federal agencies that will complement
existing activities. The foregoing shall be subject to approval of
the member of the Township Committee designated to oversee same.
d.
The Senior Citizen Program Aide shall plan, coordinate and post an
events schedule for the Senior Center to assure that all seniors and
the Township Committee are aware of programs taking place in the facility.
e.
The governing body shall review this policy from time to time and
recommend and/or make appropriate changes as necessary for the improvement
of programs for all seniors.
[Ord. No. 529 § 1; Ord. No. 601 § 1]
Leechester Hall (hereinafter "the facility") shall be used for
the conduct of social, recreational and educational activities serving
and benefiting the resident population of Maurice Township and shall
serve as a community center for same. Leechester Hall shall be utilized
only by residents of Maurice River Township and may, with the prior
approval of the Township Committee, be utilized by businesses having
their principal location in Maurice River Township, for business purposes.
[Ord. No. 529 § 2; Ord. No. 601 § 2]
Rental of the facility shall be limited to nonprofit organizations within Maurice River Township and to Maurice River Township residents and to businesses having their principal place of business located within Maurice River Township. Use of the facility shall require submission of a completed request for use of facility. Said rental shall only be incidental to the primary purposes for the facility set forth in subsection 2-67.1 above, and only when it can be demonstrated that said rental would not interfere with any activities presently being implemented or contemplated by the Township. Use of the facility shall be in strict accordance with the rules and regulations hereinafter set forth. Failure to abide by said rules and regulations shall result in forfeiture of any subsequent use of the facility in the sole discretion of the Township Committee.
[Ord. No. 529 § 3; Ord. No. 601 § 3; amended 11-21-2019 by Ord. No.
689]
The following deposits, charges and fees shall apply to any
rental of the facility:
a.
Deposit.
1.
A refundable $100 deposit shall be due upon submission of the request
for use of the facility. Said deposit shall be required of any nonprofit
organization or individual resident of Maurice River Township.
2.
A refundable $500 deposit shall be due upon submission of the request
for use of the facility form by any business with its principal location
within Maurice River Township.
3.
The deposit shall be returned after the use of the facility has been
completed and a satisfactory inspection has occurred by Township personnel.
Forfeiture of all or a portion of said deposit shall occur if the
facility suffers any damage or the facility is not left in a "broom
clean" condition.
b.
There shall be a one-time, nonrefundable charge of $35 for inspection
of the facility by Township personnel after use.
c.
Fees. The following fees shall be assessed for use of the facility:
1.
Nonprofit organizations: All nonprofit organizations, including religious
organizations, shall be required to pay a fee of $200.
2.
Township residents: a fee of $600, payable at least seven business
days in advance of the event.
3.
Maurice River Township public schools: No fees shall be required.
4.
Township residents, limited activities: Township residents utilizing
the facility for an activity of 100 or fewer people shall pay a fee
of $300 at least seven business days in advance of the event. Use
of the facility shall be limited to a maximum of four hours and shall
end no later than 9:00 p.m.
5.
Township businesses: a fee of $750, payable at least seven business
days in advance of the event.
6.
Partial use: Township residents, nonprofit organizations, including
religious organizations, and businesses with their principal location
within Maurice River Township shall pay a fee of $125 at least seven
business days in advance of the scheduled date of use. Partial use
shall be limited to use of the kitchen only for noncooking purposes
without use of the kitchen ranges and shall not be permitted access
to the remaining portion of the facility.
7.
After-funeral events: Township residents shall pay a fee of $200
for after-funeral events, such as luncheons, dinners, or testimonials.
Payment shall be made prior to use of the facility.
8.
Use of kitchen: Township residents using the kitchen after funeral
events as noted in Subsection c7 above shall pay a fee of $50. Said
fee shall be paid prior to use of the kitchen facility.
[Ord. No. 529 § 4]
A valid and duly qualified nonprofit organization with its principal
office within the Township of Maurice River shall be entitled to use
the facility for a purpose or event consistent with its stated nonprofit
purpose. Proof of nonprofit status shall be submitted at the time
the organization submits a completed Request for Use of Facility.
[Ord. No. 529 § 5; Ord. No. 601 § 4]
The rules set forth below are hereby established for the use
of the facility and are incorporated herein and made a part hereof
by reference.[1]
[1]
Editor's Note: The rules referred to herein may be found at
the end of this section.
[Ord. No. 529 § 6]
The Township reserves the right to cancel or void any reservation
of the facility when the Township reasonably determines that the intended
use of the facility is not in compliance with this policy.
[Ord. No. 529 § 7]
The governing body shall review this policy from time to time
and recommend and/or make appropriate changes as necessary.
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RULES GOVERNING USE OF LEECHESTER HALL
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(Subsection 2-67.5)
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A.
In accordance with State law, smoking is not permitted in Leechester
Hall. Smoking is not permitted on the grounds outside the facility
except in designated areas.
B.
Alcoholic beverages are not permitted in Leechester Hall or on the
grounds outside the facility. The Township of Maurice shall not be
responsible for any damage, loss or injury resulting from the presence
of alcoholic beverages in contravention of these rules. The organization
or individual using the facility shall indemnify and hold the Township
of Maurice River harmless from all such claims.
C.
Activity shall be restricted to that area of the facility for which
permission is granted.
D.
The activity shall not extend beyond the hours approved in the request.
E.
Activities shall not interfere with use of the facility by the Township.
F.
The organization or individual using the facility shall be responsible
for maintaining proper order on the part of all participants, assuring
full compliance with these rules and proper care and use of the facility.
G.
A supervisor shall be designated as being in charge of the activity
and said individual shall be present before the activity is due to
start and shall remain until use of the facility is completed.
H.
Duly authorized Township representatives shall have free access to
the facility at all times.
I.
The facility must be left in a "broom clean" condition after use
of the facility. All trash, debris and garbage must be removed from
the premises.
J.
All decorations, including tape, tacks and strings to secure same,
must be removed after use of the facility.
K.
The facility will be inspected after use by Township Officials. The
applicant shall be responsible for any loss or damage to the facility
occurring as a result of the use of the facility. Applicant's deposit
shall be applied as payment for loss or damage. Should the loss or
damage exceed the deposit, then in that event, the applicant shall
pay to the Township the remaining portion within seven (7) days of
the use of the facility.
[Ord. No. 601 § 4]
L.
No property is to be altered or removed from the premises.
M.
Maurice River Township residents and nonprofit organizations renting
the facility shall be required to furnish liability insurance with
a combined single limit with a minimum coverage of five hundred thousand
($500,000.00) dollars. Businesses having a principal location within
Maurice River Township shall be required to furnish liability insurance
with a combined single limit of one million ($1,000,000.00) dollars.
All users shall produce a Certificate of Insurance with its stated
limits as set forth above at least three (3) business days in advance
of the event. Said insurance policy shall designate Maurice River
Township as an additional insured. All users of the facility shall
also provide property damage insurance coverage in the minimum amount
of five thousand ($5,000.00) dollars. Said property damage insurance
shall insure against damage to the facility and equipment within the
facility and shall be for the benefit of Maurice River Township. Failure
to provide a Certificate of Insurance as set forth above within the
time limits provided, shall preclude use of the facility.
[Ord. No. 601 § 4]
N.
The individual or organization renting the facility assumes all liability
for all claims resulting from any accident, theft, or any other causes
including, but not limited to, the presence of alcoholic beverages
in contravention of these rules.
O.
This license to use the facility is revocable at any time by the
Township. The Township expressly reserves the right to change the
rules and regulations at any time and to revoke, for cause, permission
for use previously granted.
P.
No reservation will be made until a completed Request for Use of
Facility is returned together with the required deposit and charge
and approved by the Township.
[Ord. No. 586 § 1]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
a.
Statutory-based, untenured chief administrative officer of the local
unit, including Business Administrator, Municipal Manager or Municipal
Administrator appointed under authority of a local ordinance (none
applicable at this time);
b.
Positions with principal responsibility of a government function(s),
commonly called "department heads" or similar title, that are filled
by action of the governing body and who report directly to an elected
official(s) or chief administrative officer (none applicable at this
time);
c.
Township Solicitor (not applicable at this time);
d.
Township Engineer (not applicable at this time);
e.
Township Prosecutor (not applicable at this time);
f.
Township Judge (not applicable at this time);
g.
Appointed members of local authority Board of Commissioners (subject
to N.J.S.A. 40A:5A-1 et seq.), (none applicable at this time);
h.
Gubernatorial appointees who serve in County or municipal government
for a fixed term (such as County Election Commissioners), (none applicable
at this time).
[Ord. No. 586 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
[Ord. No. 586 § 3]
If an individual is appointed to one of the positions listed in subsection 2-68.1 and the individual is not serving in a position as described in subsection 2-68.2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual; (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-68.2 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 586 § 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. 598 § 1]
Criminal background checks shall be required for all newly hired
Township employees, being those employees hired after the effective
date of this section.[1]
[Ord. No. 598 § 2]
The Township Clerk or in the absence of the Township Clerk,
the Township Deputy Clerk is hereby authorized to request a criminal
history record background check of all said persons noted above.
[Ord. No. 598 § 3]
All persons noted herein shall submit to being fingerprinted
in accordance with applicable New Jersey and Federal Laws, Rules and
Regulations.
[Ord. No. 598 § 4]
The Township Clerk (or Deputy Clerk) is hereby authorized to
exchange fingerprint data with and receive criminal history record
information from the New Jersey State Bureau of Identification in
the Division of State Police and the Federal Bureau of Investigation.
[Ord. No. 598 § 5]
The Township Clerk (or Deputy Clerk) shall submit fingerprint
data as collected to the New Jersey State Bureau of Identification.
[Ord. No. 598 § 6]
All fees required for a criminal background check shall be submitted
by the Township Clerk (or Deputy Clerk) to the New Jersey State Bureau
of Identification.
[Ord. No. 614]
As used in this section:
a.
CAMPAIGN COMMITTEE — Shall mean (i) every candidate for Maurice
River Township elective municipal office; (ii) every candidate committee
established by or for the benefit of a candidate for Maurice River
Township elective municipal office; (iii) every joint candidate committee
established in whole or in part by or for the benefit of a candidate
for Maurice River Township elective municipal office; (iv) every political
party committee of the Maurice River Township; (v) every political
party committee of the County of Cumberland; and (vi) every political
committee, continuing political committee, or other form of association
or organization that regularly engages in the support of candidates
for the Maurice River Township municipal or County of Cumberland elective
offices or Maurice River Township municipal or County of Cumberland
political party committees. The terms in the foregoing paragraph have
the meaning prescribed in N.J.A.C. 10:25-1.7.
b.
CONTRIBUTION — Has the meaning prescribed in N.J.A.C. 19:25-1.7.
By way of illustration, and not limitation, this definition includes
pledges, loans, and in-kind contributions.
c.
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES — Shall
mean all contracts for "professional services" and "extraordinary
unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
d.
BUSINESS ENTITY (whose contributions are regulated by this section)
— Shall mean: (i) an individual including the individual's spouse,
and any child/children; (ii) a firm; corporation; professional corporation;
partnership; limited liability company; organization; association;
and any other manner and kind of business entity; (iii) any person
who owns ten (10%) percent or more of the equity or ownership or income
interests in a person or entity as defined in sections (i) and (ii)
above and their spouses and child/children; (iv) all partners and
officers of such an entity, in the aggregate, and their spouses and
child/children; (v) any person, subcontractor, subsidiary, corporation,
firm, partnership, limited liability company, organization or association
who has received or indefeasibly acquired the right to receive, from
a person described in subparagraph (i) above, more than one hundred
thousand ($100,000.00) dollars in compensation or income of any kind
(including, by way of illustration, and not limitation: wages, salaries,
sums paid to independent contractors, benefits, dividends, profit-sharing,
pension contributions, deferred contributions, stock, stock options
or gifts), in any twelve (12) month period prior to the award of,
or during the term of, a contract subject to this section; and (vi)
all persons who are an "affiliate" of a business entity as defined
in sections (i), (ii) and (v) above, as such term is used in 11 U.S.C.
§ 101(2).
[Ord. No. 614 § 1]
a.
To the extent that it is not inconsistent with State or Federal law,
Maurice River Township and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract to procure "professional services" as such term is defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "professional
services") nor "extraordinary unspecified services" as such term is
defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service (hereinafter "extraordinary
unspecified services") from any business entity if such business entity
has solicited or made any contribution to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in Maurice River Township or a holder of public office
having ultimate responsibility for the award of a contract, or (ii)
to any Maurice River Township or County of Cumberland political committee
or political party committee, or (iii) to any continuing political
committee or political action committee that regularly engages in
the support of Maurice River Township municipal or County of Cumberland
elections and/or Maurice River Township municipal or County of Cumberland
candidates, candidate committees, joint candidate committees, political
committees, political parties, political party committees, (hereinafter
"PAC"), in excess of the thresholds specified in paragraph c of this
subsection within one (1) calendar year immediately preceding the
date of the contract or agreement.
b.
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Maurice River
Township or any of its departments or instrumentalities, for the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make any contribution, to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in Maurice River Township, or a holder of public
office having ultimate responsibility for the award of a contract,
or (ii) to any Maurice River Township or County of Cumberland political
committee or political party committee, or (iii) any PAC between the
time of first communication between that business entity and the municipality
regarding a specific agreement for professional services or extraordinary
unspecified services, and the later of the termination of negotiations
or rejection of any proposal, or the completion of the performance
or specified time period of that contract or agreement.
c.
The monetary thresholds of this section are: (i) a maximum of three hundred ($300.00) dollars per calendar year each for any purpose to any candidate or candidate committee for Mayor or Governing Body, or five hundred ($500.00) dollars per calendar year to any joint candidates committee for Mayor or Governing Body, or three hundred ($300.00) dollars per calendar year to a political committee or political party committee of the Maurice River Township; (ii) five hundred ($500.00) dollars maximum per calendar year to a County of Cumberland political committee or political party committee; and (iii) five hundred ($500.00) dollars maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in paragraph a, or engaged in negotiations for a contract defined in paragraph a, when such business entity's contribution is aggregated with all "persons" defined in paragraph d, subsection 2-70.1, Definitions above, by virtue of their affiliation to that business entity party, a maximum of two thousand five hundred ($2,500.00) dollars to all Maurice River Township candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Maurice River Township or County of Cumberland political committees and political party committees as described herein combined, without violating paragraph a of this subsection.
d.
For purposes of this subsection, the office that is considered to
have ultimate responsibility for the award of the contract shall be
(i) the Maurice River Township Mayor or Governing Body, if the contract
requires approval or appropriation from the Mayor or Governing Body,
or (ii) the Mayor of Maurice River Township, if the contract requires
approval of the Mayor, or if a public officer who is responsible for
the award of a contract is appointed by the Mayor.
e.
Rules Regarding Subcontractors. No person may be awarded a subcontract
to perform under a contract subject to this section, if the subcontractor
would be disqualified by paragraph a from receiving the contract at
the time that the subcontract is awarded. Nor may any person who would
be disqualified by paragraph a from receiving the contract perform
substantially all of obligations described in a contract for professional
or extraordinary services that is subject to this section.
[Ord. No. 614 § 2]
No contribution or solicitation of contributions made prior
to the effective date of this section (adopted August 18, 2011) shall
be deemed to give rise to a violation of this section.
[Ord. No. 614 § 3]
No contract subject to this section may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this section
it not were an initial contract.
[Ord. No. 614 § 4]
a.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, Maurice River Township or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of subsection 2-70.2 of this section. Maurice River Township, its purchasing agents and departments shall be responsible for informing the Township Committee of Maurice River Township, that the aforementioned sworn statement has been received and that the business entity is not in violation of this section, prior to awarding the contract or agreement.
b.
A business entity shall have a continuing duty to report to Maurice
River Township any contributions that constitute a violation of this
section that are made during the negotiation, proposal process or
the duration of a contract. Maurice River Township, its purchasing
agents and departments shall be responsible for informing the Governing
Body within ten (10) business days after receipt of said report from
the business entity, or at the next Township Committee of Maurice
River Township meeting following receipt of said report from the business
entity, or whichever comes first.
c.
The certification required under this subsection shall be made prior
to entry into the contract or agreement with Maurice River Township,
or prior to the provision of services or goods, as the case may be,
and shall be in addition to any other certifications that may be required
by any other provision of law.
[Ord. No. 614 § 5]
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of subsection 2-70.2 of this section, if, within thirty (30) days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
[Ord. No. 614 § 6]
The contribution limitations prior to entering into a contract in subsection 2-70.2a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A;11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20 et seq.
[Ord. No. 614 § 7]
a.
It shall be a material breach of the terms of a Maurice River Township
agreement or contract for professional services or extraordinary unspecified
services when a business entity that is a party to such agreement
or contract has: (i) made or solicited a contribution in violation
of this section; (ii) knowingly concealed or misrepresented a contribution
given or received; (iii) made or solicited contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution; (iv) made or solicited any contribution on the condition
or with the agreement that it will be recontributed to a candidate,
candidate committee or joint candidates committee of any candidate
for elective municipal office in Maurice River Township, or a holder
of public office having ultimate responsibility for the award of a
contract, or any Maurice River Township or County of Cumberland political
committee or political party committee, or any PAC; (v) engaged or
employed a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution,
which if made or solicited by the professional business entity itself,
would subject that entity to the restrictions of this section; (vi)
funded contributions made by third parties, including consultants,
attorneys, family members, and employees; (vii) engaged in any exchange
of contributions to circumvent the intent of this section; or (viii)
directly or indirectly, through or by any other person or means, done
any act which if done directly would subject that entity to the restrictions
of this section.
b.
Furthermore, any business entity that violates subsection 2-70.8a(i)
- (viii) shall be disqualified from eligibility for future Maurice
River Township contracts for a period of four (4) calendar years from
the date of the violation.
c.
Any person who knowingly, purposely, or recklessly violates any provision
of this section, or who conspires with another person to violate any
provision of this section, or who, with the purpose of promoting or
facilitating a violation of this section, solicits another person
to commit it, or aids or agrees, or attempts to aid another person
in planning or committing it, shall be subject to punishment including
fines and/or imprisonment as fixed by law for violations of the ordinances
of Maurice River Township.
[Ord. No. 614 § 8]
In addition to any rights that were heretofore available, or
which may hereafter be available, to citizen, taxpayers, or associations,
to challenge violations of this section, every person aggrieved by
a violation f the section, or any taxpayer or resident of Maurice
River Township has the right, consistent with the Rules of Court,
to file charges in a court of competent jurisdiction, and/or to pursue
a civil action for a violation of this section in a court of competent
jurisdiction, and to seek and obtain declaratory, injunctive, or other
legal or equitable relief, including but not limited to, attorneys
fees and costs, arising from or related to a violation of this section.
[Ord. No. 614 § 9]
If any provision of this section, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this section to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid shall not be affected thereby,
and to this extent the provisions of this section are severable.
[Ord. No. 614 § 10]
The monetary thresholds of "Definitions," subsection 2-70.1d and subsection 2-70.2c shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the Philadelphia region, rounded to the nearest ten ($10.00) dollars. The Clerk of Maurice River Township shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
[Added 11-15-2018 by Ord.
No. 675]
A 100% disabled veteran, as defined by New Jersey statutes,
having a principal dwelling within Maurice River Township shall receive
a 100% tax exemption effective the date the veteran properly files
a claim in writing under oath with the Tax Assessor. The Tax Assessor
shall grant a 100% tax exemption for the year in which the claim for
exemption is filed. Additionally, the Tax Collector shall return all
taxes collected on said principal dwelling limited to the prior tax
year if the veteran would have received an exemption in the prior
year but failed to file a claim for exemption in that prior year.
The Tax Collector shall not return to the veteran any taxes collected
in any other prior years.
[Added 12-15-2022 by Ord.
No. 719]
This section shall be known as "The Anti-Nepotism Policy of
the Township of Maurice River."
[Added 12-15-2022 by Ord.
No. 719]
a.
The prohibitions set forth in these anti-nepotism regulations shall
apply to all full-time, part-time, temporary, and seasonal positions
of the Township of Maurice River.
b.
Subject to the exception in subsection 2-72.4 below, this section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment and shall not in any way be construed to prohibit or make unlawful any current employment relationship or situation or the hiring or promotion of any person currently employed by the Township of Maurice River as of the effective date of this section which may technically be in violation of the terms hereof but for its prospective application. For purposes of interpreting this exception, persons appointed to positions of employment with the Township for a set term shall be considered current employees notwithstanding the fact that the then term may have ended. Such persons holding positions of employment with the Township under a set term may be hired to any position in the Township, rehired, reappointed or promoted, as may be the case, without violating this section.
[Added 12-15-2022 by Ord.
No. 719]
As used in the section:
Contractors, independent contractors, subcontractors, vendors,
professionals appointed pursuant to the fair and open process or the
non-fair and open process or a person, persons or business working
for the Township whose employment is limited in scope or duration
to a specific project with the Township and subject to either a bid
proposal or solicitation of quotes. (Examples would include, but not
be limited to: road projects; construction projects; projects.) Employment
with contractors shall be considered for the purpose of this section
as employment with the Township.
Those individuals who hold such positions in accordance with
the Township Code of Maurice River, or as described in the laws of
the State of New Jersey.
Person holding the position of either Mayor or Committee
member of the Township of Maurice River.
Spouse, child, parent, sibling, grandparent, grandchild,
father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepsibling, half-brother, half-sister, nephew, niece,
first cousin, aunt, uncle, foster children, domestic partner, or cohabitants.
Any employee of the Township of Maurice River having supervisory
duties and powers over another employee or employees within the respective
Township of Maurice River.
Any employment which is not full-time, regular part-time,
or seasonal employment.
[Added 12-15-2022 by Ord.
No. 719]
The following restrictions shall apply to the hiring and promotion
of employees to employment positions for the Township of Maurice River.
a.
Elected Officials. No elected official of the Township of Maurice
River shall be considered for employment or hired to a position of
employment with the Township of Maurice River either during his or
her term of office. No elected official shall serve as a liaison to
any department that employs any family member or relative.
b.
Family Member or Relative of Elected Official. No person who is a
family member or relative (as defined above) of any elected official
of the Township of Maurice River shall be considered for employment
as an employee of the Township. This shall not restrict nor prohibit
the continued employment of individuals to a position or positions
with the Township where a relative of an employee is elected as a
Mayor or Committee member after the date of the employee's start
of employment with the Township.
c.
Promotion of Existing Employees. Notwithstanding the prospective
applications as to the remainder of this section as applied above,
no elected official may participate in the promotion process or hiring
process in the department of any existing employee who is a family
member or relative of the elected official. The elected official shall
abstain from participation in such personnel action as it applies
to such relative.
d.
Appointments. No family member or relative of an elected official
of the Township of Maurice River shall be appointed to the position
of any Township professional who receives compensation, or any Township
board or commission which has more than an advisory role and/or one
(1) in which the members receive compensation.
e.
Department Head. No person who is a family member or relative (as
defined herein) of any department head of the Township of Maurice
River shall be considered for employment as an employee of the Township.
This shall not restrict nor prohibit the continued employment of individuals
to a position or positions with the Township where a relative of a
department head is hired before the date of this order.
[Added 12-15-2022 by Ord.
No. 719]
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Township, but is solely
intended to eliminate the potential for preferential treatment of
family members or relatives of members of the governing body and/or
any department head.
[Added 12-15-2022 by Ord.
No. 719]
Except as may be otherwise expressly provided for herein, this
section shall not affect the employment of any present Township employees
and/or any existing contractual obligations with employees of the
Township of Maurice River.
