[Ord. No. 02-95 § 1]
The Millburn Township Committee hereby finds that it is appropriate
to provide for the defense and indemnification of Township officials
and employees consistent with the provisions of N.J.S.A. 59:10-1,
et seq., which empowers local public entities to provide for such
defense and indemnification.
[Ord. No. 02-95 § 1]
Shall mean each person presently or formerly holding any
Township office, position or employment, elective or appointive, full-time
or part-time, whether or not compensated, by fixed salary or hourly
rate, and including members of the various boards, commissions or
agencies of the Township, but shall not include any person furnishing
professional or extraordinary unspecifiable services as an independent
contractor under separate appointment, retainer or contract.
[Ord. No. 02-95 § 1; Ord. No. 2352-10; Ord.
No. 2384-11]
The Township of Millburn is hereby authorized to provide out
of public funds for the defense of actions brought against its officials
and employees and to indemnify such officials and employees for compensatory
damages or any settlement approved by the Township Committee, to the
fullest extent permitted by law, and subject to the limitations, exceptions
and procedures of this section. The defense and indemnification shall
extend to a cross-action, counterclaim or cross-complaint against
a Township official or employee. The obligation of the Township to
defend and indemnify its officials or employees shall be limited to
acts or omissions which are within the scope of their employment.
[Ord. No. 02-95 § 1]
If any criminal or disciplinary action is instituted against
a Township official or employee based upon the act or omission of
that person arising out of and directly related to the lawful exercise
of his or her official duties or under color of his or her authority,
and that action is dismissed or results in a final disposition in
favor of that officer or employee, the Township shall reimburse that
person for the costs of defending the action, including attorneys'
fees and costs of trial and appeals which are determined by the Township
Committee to be reasonable.
[Ord. No. 02-95 § 1; Ord. No. 2384-11 § 2]
Indemnification or the defense of any action shall not be provided
or shall be disclaimed if the Township Committee determines by resolution
that any of the following conditions shall exist or occur:
a.
The act or omission complained of was not within the scope of the
official's or employee's authority, duty to or employment by the Township.
b.
The act or failure to act complained of was a crime or because of
actual fraud, actual malice, willful misconduct or an intentional
wrong.
c.
The defense of the action or proceeding would create a conflict of
interest between the Township and the official or employee.
d.
There exist policies of insurance, either obtained by the Township
or by another, by virtue of which the Township official or employee
is entitled to a defense of the action from the insurer. However,
the Township shall provide a defense and indemnification as provided
by this section to the extent the official or employee is not covered
by insurance.
e.
The Township official or employee has failed to deliver to the Township
Business Administrator within ten (10) days of the time he or she
is served with the summons, complaint, process, notice, demand or
pleading, the original or copy of such document; provided, however,
that this time period may be extended by the Township Committee for
good cause shown.
f.
The official or employee fails to request the defense of any action.
g.
The official or employee fails to cooperate fully with the Township
in the defense of the matter.
h.
If the action or proceeding is brought by or on behalf of the Township.
[Ord. No. 02-95 § 1; Ord. No. 2352-10; Ord.
No. 2384-11 § 3]
Notwithstanding any municipal ordinance to the contrary, if
a Township official or employee is found guilty of a crime, or if
the Township Committee determines that the act or omission complained
of constitutes actual fraud, actual malice, willful misconduct or
an intentional wrong, the Township official or employee shall not
be indemnified by the Township, the Township shall not pay any compensatory,
exemplary and/or punitive damages on behalf of the Township official
or employee, and the Township official or employee shall be obligated
to reimburse the Township for the cost of the legal defense (if any
is provided by the Township) within such time and upon such terms
as determined by the Township Committee. A determination by the Township
Committee that the act or omission complained of constitutes actual
fraud, actual malice, willful misconduct or an intentional wrong shall
be made at the conclusion of any alternative dispute resolution or
litigation and exhaustion of all appeals, and shall be made by resolution
of the Township Committee.
[Ord. No. 02-95 § 1; Ord. No. 2352-10; Ord.
No. 2384-11 §§ 4, 5]
a.
Official's or Employee's Duty to Notify, Request Defense By and Cooperate
with, the Township. A Township official or employee shall not be entitled
to a defense or indemnification under this section unless within ten
(10) calendar days of the time he or she is served with any summons,
complaint, process, notice, demand or pleading he or she delivers
the original or copy thereof to the Township Business Administrator,
requests that the Township provide a defense and fully cooperates
with the Township during the defense. After the Business Administrator
has received the summons, complaint, process notice, demand or pleading
and a request from the Township official or employee that the Township
provide a defense, the Business Administrator shall notify the Township
Committee. If the Township official requesting a defense or indemnification
under this section serves as the Township Business Administrator at
the time the Township official is served with any summons, complaint,
process, notice, demand or pleading, then the Township Business Administrator
shall deliver the original or a copy of the summons, complaint, process,
notice, demand or pleading, and his or her request for defense or
indemnification, directly to the Township Committee.
b.
Notification of Township Committee. If the Township Committee determines that the official or employee requesting defense or indemnification is not entitled to a defense or indemnification under this section, then within thirty (30) days after the Township Committee has received the notice required pursuant to subsection 2-46.7a, the Township Committee shall adopt a resolution declining to provide a defense or indemnification. The time periods for actions pursuant to paragraphs a and b of this subsection may be extended by the Township Committee for good cause shown.
c.
Township to Control Representation. Whenever the Township provides
for the defense of a Township official or employee pursuant to this
section, the Township may, through its attorney, assume exclusive
control over the representation of such Township official or employee.
d.
Methods of Providing Defense. The Township may provide for a defense
pursuant to this section by an attorney representing the Township
or by employing other counsel for this purpose or by asserting the
Township's right under any appropriate insurance policy which requires
the insurer to provide the defense.
e.
Selection of Attorney and Approval of Fees. If the Township Committee
decides not to select counsel to represent the official or employee,
the official or employee may propose his or her own counsel, subject
to the approval of the Township Committee, who shall enter an agreement
with the Township, setting forth the rate of compensation and the
estimated total cost of the defense.
[Ord. No. 02-95 § 1; Ord. No. 2384-11 § 6]
Nothing in this section shall require the Township to pay for
punitive or exemplary damages resulting from the commission of a crime,
actual fraud, actual malice, willful misconduct or an intentional
wrong. However, the Township Committee may indemnify an official or
employee for punitive or exemplary damages provided the Township Committee
determines the acts complained of did not constitute a crime, actual
fraud, actual malice, willful misconduct or an intentional wrong.
Such a determination shall be made by resolution of the Township Committee.
[Ord. No. 02-95 § 1]
The events giving rise to a cause of action or claim for which
a defense or indemnification is sought must have occurred after January
1, 1990, and any claim based on an event prior to that date shall
not be covered by this section.
[1967 Code § 2-1-8; Ord. No. 8-88 § 2]
The method by which Township employees or officers shall be
paid the applicable compensation provided in the salary ordinance
of the Township shall be as follows:
a.
For each pay period, a payroll register shall be kept by the Chief
Financial Officer/Treasurer, in which entries shall be made of all
personnel and their respective amounts of compensation.
b.
In the preparation of payrolls, a summary statement shall be made
from the payroll register, which shall be subdivided in accordance
with the categories of salaries and wages set forth in the budget
and shall be signed by the Chief Financial Officer, or the Assistant
Treasurer, in the Chief Financial Officer's absence.
c.
For each pay period, the Chief Financial Officer shall prepare two
(2) checks, drawn on the Township's general account to the order of
the Township Payroll Account and the Payroll Agency Account, in the
amounts of the total compensation for the period. Such checks and
the summary statement referred to in paragraph b above shall be submitted
immediately before the payment date to the required signatories authorized
in this section. The signatories, if satisfied that the checks are
correct, shall sign and return them to the Chief Financial Officer.
d.
The Chief Financial Officer shall deposit the signed checks in the
Payroll Account and the Township Payroll Agency Account and draw the
individual payroll checks, which shall be signed by him/her, or the
Assistant Chief Financial Officer in the Chief Financial Officer's
absence, and distributed on the designated date.
e.
At the regular meeting of the Township Committee first following
the date on which checks were presented for signature, the Township
Committee, if satisfied that the checks were correctly prepared, shall
ratify the action of the signatories by resolution.
Such officers as may be designated by the Township Committee
are hereby authorized to sign checks drawn on the general account.
The Chief Financial Officer, or the Assistant Treasurer in the Chief
Financial Officer's absence, is hereby authorized to sign checks drawn
on the payroll account.
[1]
Editor's Note: The ordinance establishing salaries for officers
and employees of the Township is reenacted each year. Such ordinance
is not set out in this Code, but may be found on file in the office
of the Township Clerk.
[1967 Code § 2-10-1; Ord. No. 14-81 § 1]
No insurance company which has issued or renewed any fire insurance
policy after the adoption of this section shall pay to a claimant
under the fire insurance policy any claim in excess of two thousand
five hundred dollars ($2,500.00) for fire damages on any real property
located within the Township until such time as all anticipated demolition
costs and all taxes, assessments and other municipal liens or charges
due and payable appearing on the Official Certificate of Search have
been paid either by the owner of the real property or the insurance
company pursuant to the provisions of N.J.S.A. 17:36-8 et seq.
[1967 Code § 2-10-2; Ord. No. 14-81 § 2]
In lieu of the requirements of subsection 2-48.1, the Township Committee may adopt a resolution pursuant to the provisions of N.J.S.A. 17:36-11, allowing the full payment of the insurance proceeds to the owner for restoration or improvement of the damaged property.
[1967 Code § 2-10-3; Ord. No. 14-81 § 3]
A copy of this ordinance (section) shall be submitted upon final
adoption to the Fire Department.
[1967 Code § 2-10-4; Ord. No. 14-81 § 4]
The Fire Department shall notify the Tax Collector's office
with the address of all fires occurring after the adoption of this
section.
[Ord. No. 2182-01 § 1]
As used in this section:
Shall mean (i) any individual seeking election to a public
office of the Federal, State, County, or municipal government, or
school district or political party, and (ii) any individual who shall
have been elected or failed to have been elected to any such office.
Shall mean any person holding elective municipal office or
holding an appointed position in the municipal government, or in any
agency, commission, board, or office thereof, whether the position
is full-time or part-time, compensated or uncompensated; and any employee
of municipal government or of any municipal agency, commission, board,
or office thereof, whether the position is full-time or part-time.
Shall mean any loans and transfers of money or other things
of value to any candidate, elected official, or representative of
any political organization, or other commitments or assumptions of
liability to make any such transfer. Political contributions shall
be deemed to have been made upon the date when such commitment is
made or liability assumed.
Shall mean any two (2) or more persons acting jointly, or
any corporation, partnership or other incorporated or unincorporated
association which is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for Federal, State,
County, municipal or school board office or political party office.
Political organization includes, but is not limited to, organizations
defined in N.J.S.A. 19:44A-3 as a political committee, joint candidates
committee, continuing political committee, political party committee,
candidate committee, or legislative leadership committee.
Shall mean all personal property owned, leased, or controlled
by the Township, including but not limited to vehicles, phones, fax
machines, computers, stationery including Township letterhead, postage,
and other office equipment.
Shall mean to ask for, by oral or written communication,
a political contribution as that term is defined herein.
[Ord. No. 2182-01 § 1]
No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any political
contribution for any candidate, elected official or political organization
while in any room or building used for the discharge of official municipal
business. This section shall include solicitation or acceptance of
political contributions made over a private cell phone or by use of
a private computer, if the person soliciting or accepting the political
contribution, or using the cell phone or computer for purposes of
soliciting or accepting the political contribution, is in any room
or building used in the discharge of official municipal business.
[Ord. No. 2182-01 § 1]
No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any political
contribution for any candidate, elected official or political organization
while utilizing public property.
[Ord. No. 2182-01 § 1]
In the event public facilities are made available to any group
for nongovernmental use as a meeting facility, the prohibitions in
this section shall not be deemed to prevent fundraising of any sort
among members of such group during the time such groups have reserved
exclusive use of the meeting facility.
[Ord. No. 2312-08 § 1]
Prohibition of entering into or amending redevelopment agreements
with certain contributors:
a.
Any other provision of law to the contrary notwithstanding, the Township
Committee shall not enter into an agreement, amend an agreement, or
otherwise contract with any redeveloper for the planning, replanning,
construction or undertaking of any redevelopment project, including
the acquisition or leasing of any public property in conjunction with
the redevelopment of any area within the Township of Millburn, (the
"Township") pursuant to the Local Redevelopment and Housing Law, if
that redeveloper has made any contribution of money or pledge of a
contribution, including in-kind contributions, during the applicable
time period as specified below, to any candidate or campaign committee
of a candidate for Millburn Township municipal office or holder of
municipal public office within Millburn Township at the time the contribution
is made, to any Millburn Township political organization or political
campaign committee, to any committee or election committee of an Essex
County Party Organization or to any political action committee (PAC)
which regularly engages in the support of candidates in the Township
of Millburn. For the purposes of this section, the "applicable time
period" -- shall be defined as the time period between the date that
the property which is the subject of the redevelopment project has
been included in a memorializing resolution adopted by the Governing
Body directing the Planning Board to conduct a preliminary investigation
to determine if the site is in need of redevelopment pursuant to and
in accordance with the New Jersey Local Redevelopment and Housing
Law, ("LRHL") N.J.S.A. 40A:12A-1 et seq., and the date of entering
into the redevelopment agreement.
b.
All redevelopment agreements or amendments thereto entered into by
the Township Committee shall contain provisions prohibiting redevelopers
from making any contribution of money or pledge of a contribution,
including in-kind contributions, to any candidate or campaign committee
of a candidate for Millburn Township municipal office or holder of
municipal public office within Millburn Township at the time the contribution
is made, to any Millburn Township political organization or political
campaign committee, to any committee or election committee of an Essex
County Party Organization or to any political action committee (PAC)
which regularly engages in the support of candidates in the Township
between the time of the issuance of a Request for Proposals by Millburn
Township regarding the redevelopment project and the later of the
termination of negotiations or the completion of all matters specified
in the redevelopment agreement. All redevelopment agreements shall
contain the following provisions:
1.
The redeveloper shall be prohibited from soliciting or making any
contribution of money or pledge of a contribution including in-kind
contributions, in violation of this section. The making of a contribution
in contravention of this contract shall constitute a default of the
Redevelopment Agreement and the redeveloper shall be obliged to remit
to the Township of Millburn the sum of ten thousand dollars ($10,000.00)
for each and every violation of the aforesaid section and this provision.
The redeveloper shall make said payment within thirty (30) days of
receipt of notice from the Township Clerk.
2.
It shall be an Event of Default for the redeveloper to violate the
provisions of this section. In the event that any violation is not
cured within thirty (30) days of written notice by the Township Clerk,
the Township may terminate this Agreement or take whatever action
at law or in equity which is necessary or desirable to enforce the
performance or observance of any rights, remedies, obligations, agreements,
or covenants of the redeveloper as applicable under the Agreement.
3.
In the event that a professional, consultant, or lobbyist employed
by the redeveloper makes a contribution in violation of subsection
2-48B.4 of this section then that employee shall be terminated by
the redeveloper unless the contribution is returned pursuant to subsection
2-48B.5 of this section but in any event the sum of ten thousand dollars
($10,000.00) shall be payable to the Township by the redeveloper for
each and every such violation.
c.
Pursuant to the Local Redevelopment and Housing Law, a "redeveloper"
means any person, firm, corporation, partnership or limited liability
company that shall enter into or propose to enter into a contract
with the Township for the redevelopment or rehabilitation of an area
in need of redevelopment, or an area in rehabilitation, or any part
thereof, under the provisions of the Local Redevelopment and Housing
Law, or for any construction or other work forming part of a redevelopment
or rehabilitation project. For purposes of this section the definition
of a redeveloper also includes an individual, that individual's spouse,
and any adult child of that individual living at the same address
as well as any firm, corporation, professional corporation, partnership,
organization or association, including all principals who own ten
(10%) percent or more of the equity in any of the foregoing. The redeveloper
shall also include any subsidiary directly controlled by the redeveloper
and any professionals, consultants, or lobbyists employed by the redeveloper.
d.
For the purposes of this section, the governmental entity that is
considered to have responsibility for arranging and entering into
the redevelopment agreement under this section shall be the Millburn
Township Committee.
[Ord. No. 2312-08 § 2]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any of the candidates,
office holders, or entities described in subsection 2-48B.1a shall
be deemed a violation of this section nor shall an agreement for redevelopment
projects of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date
of this section.[1]
[1]
Editor's Note: Ordinance No. 2312-08, codified herein, was
adopted April 1, 2008.
[Ord. No. 2312-08 § 3]
a.
It shall be the Township's continuing responsibility to give notice
of this section when the Township adopts a resolution directing the
Planning Board to conduct an Area in Need Study, when the Township
adopts a resolution directing the Planning Board to prepare a redevelopment
plan, at the time that the Township adopts the ordinance to implement
the redevelopment plan, and when the Township issues its Request for
Proposals for its redevelopment project.
b.
Prior to entering a redevelopment agreement, the Township shall:
(1) require the redeveloper to provide a sworn certification that
it has not made a contribution in violation of this section and (2)
require each member of the Township Committee to provide a certification
that he or she has not received a contribution from a redeveloper
or from any committee or election committee of an Essex County Party
Organization, which has received a contribution from a redeveloper.
Both the redeveloper and the members of the Township Committee shall
have a continuing duty to report any violations of this section that
may occur during the pendency of the redevelopment agreement.
[Ord. No. 2312-08 § 4]
a.
The prohibition against contributions in this section shall apply
to all professionals, consultants or lobbyists contracted or employed
by the business entity ultimately designated as the redeveloper to
provide services related in any manner or respect to the redevelopment
project.
b.
A redeveloper who participates in, or facilitates, the circumvention
of the contribution restrictions through professionals, consultants
or lobbyists shall be deemed in violation of this section.
[Ord. No. 2312-08 § 5]
If a redeveloper makes a contribution that would otherwise bar
it from receiving a redevelopment agreement or makes a contribution
during the term of a redevelopment agreement in violation of this
section, the redeveloper may request a full reimbursement from the
recipient and, if, within thirty (30) days after the date on which
the applicable ELEC Report is published, the redeveloper notifies
the Township Committee in writing and seeks and receives reimbursement
of a contribution, (including contributions below the reporting threshold)
the redeveloper shall again be eligible to receive a redevelopment
agreement and shall no longer be in violation. Notwithstanding the
foregoing, if the redeveloper has entered into a redevelopment agreement
with the Township, the redeveloper shall remain obliged to remit the
sum of ten thousand dollars ($10,000.00) for each and every violation
of this section, pursuant to subsection 2-48B.1b.
[Ord. No. 2312-08 § 6]
a.
In addition to the penalties that may be imposed by the New Jersey
Campaign Contributions and Expenditures Reporting Act, the Local Redevelopment
and Housing Law ("LRHL"), or any other applicable statute, it shall
be a violation of this section; cognizable in the Millburn Township
Municipal Court for a redeveloper to: (i) make or solicit a contribution
for an entity in violation of this section (ii) knowingly conceal
or misrepresent a contribution given or received; (iii) make or solicit
contributions through intermediaries for the purpose of concealing
or misrepresenting the source of the contribution; (iv) make or solicit
any contribution on the condition or with the agreement that it will
be contributed to a campaign committee of any candidate or holder
of the public office of the Township; (v) engage or employ a lobbyist
or consultant with the intent or understanding that such lobbyist
or consultant would make or solicit any contributions, which if made
or solicited by the redeveloper itself, would subject that entity
to the restrictions of this section; (vi) fund contributions made
by third parties, including consultants, attorneys, family members,
and employees; (vii) engage in any exchange of contributions to circumvent
the intent of this section; or (viii) directly or indirectly, through
or by any other person or means, do any act which would subject that
entity to the restrictions of this section.
b.
Furthermore, any redeveloper who violates paragraph a(ii)-(viii)
shall be disqualified from eligibility for future Township redevelopment
agreements for a period of five (5) calendar years from the date of
the violation.
[Ord. No. 2501-18 § 1]
The Township hereby establishes a Government Energy Aggregation
Program, in accordance with the provisions of the Government Energy
Aggregation Act, N.J.S.A. 48:3-93.1 et seq.
[Ord. No. 2501-18 § 2]
The Mayor is authorized to execute and the Clerk to attest to
the execution of and Electric Distribution Aggregation Agreement,
in a form acceptable to the Township, with JCP&L.
[Ord. No. 2501-18 § 3]
The Millburn Township Committee will act as Lead Agency of the
MSEA and, in that capacity, and consistent with applicable rules,
will solicit proposals for electric generation service and energy
aggregation services on behalf of Township residents and businesses,
and enter into a contract for such services provided that the lowest
qualified bid price is below the prevailing price for utility-provided
basic generation service.
[Ord. No. 2501-18 § 4]
As Lead Agency the Millburn Township Committee will execute
a master performance agreement that obligated the participants in
the MSEA to purchase electricity at terms and conditions stated therein
with a third party supplier who has been awarded the contract by the
Lead Agency on behalf of participating members of the MSEA, and provided
that such contract shall be at prices reasonably forecast and estimated
by the Millburn Township Committee to provide savings to participants
relative to the price charged for basic generation service by JCP&L.
[Ord. No. 2501-18 § 5;
amended 6-15-2021 by Ord. No. 2576-21]
The authorization provided to the lead agent shall be valid
until December 31, 2021 (the "Effective Period"), at which time the
MSEA will be subject to renewal at the discretion of the Millburn
Township Committee.
Ordinance No. 2576-21 reestablished the authorization of the
Township Government Energy Aggregation Program.
