[Ord. No. 1431 § IV; Ord. No. 1615(2017) § 4]
The Administrative Branch shall consist of the Office of the Mayor, the Departments of Administration, Law, Revenue and Finance, Public Works, Parks and Public Property, Police, Community Services and Community Development; and designated independent or quasi-independent agencies and advisory boards and commissions. The independent, quasi-independent and advisory agencies shall be those listed below, together with such other commissions, boards or agencies as shall be established from time to time by the Mayor or Council. All members shall be appointed in accordance with the appropriate state statute or by the Mayor consistent with subsection 2-3.4p.
[Ord. No. 1431 § IV]
The Mayor may approve of the organization and reorganization
of departments, offices and agencies on recommendation of the Director
thereof, and subject to available appropriations.
[Ord. No. 1431 § IV]
a.
Appointment, Terms and Compensation. The Mayor shall appoint Department
Heads, also to be known as Directors, with the advice and consent
of Council, to serve during his/her term and until appointment and
qualification of his successor. Their compensation shall be provided
in the annual Salary Ordinance.
b.
Removal. The Mayor may remove Directors, subject to disapproval by
Council.
c.
Powers and Duties. The Directors, under the direction and supervision
of the Business Administrator, shall:
1.
With the approval of the Mayor, appoint subordinate officers and
employees within his/her department, and may, with the approval of
the Mayor, remove such officers and employees subject to the Civil
Service provisions (N.J.S.A. 11:26-1 et seq.).
2.
Plan and supervise the work of his/her department.
3.
Assign and modify the functions and duties of subordinates.
4.
Certify the correctness and propriety of all payrolls and vouchers
or provide certification for them.
5.
Perform such other duties and responsibilities as directed by the
Business Administrator or the Mayor.
[Ord. No. 1431 § IV]
The Director of the Department of Administration shall be the
Business Administrator.
[Ord. No. 1431 § IV; Ord. No. 1468 (2009) § II]
a.
The Business Administrator shall have, exercise and discharge the
functions, powers and duties of the department.
b.
Under the discretion and supervision of the Mayor, the Business Administrator
shall:
1.
Oversee the preparation of the Budget and Capital Plan.
2.
Administer a centralized purchasing system.
3.
Administer a centralized information technology system.
4.
Supervise the administration of each of the departments established
in this Article. For this purpose, he shall have the power to investigate
the organization and operation of any and all departments, to prescribe
standards and rules of administrative practice and procedure, and
to consult with the heads of the departments under his jurisdiction;
provided that with respect to the Department of Law and the Department
of Revenue and Finance, the authority of the Business Administrator
under this subsection shall extend only to matters of budgeting, personnel
and purchasing.
5.
Remove or discipline such personnel subject to Civil Service provisions.
6.
Oversee Personnel (Human Resources), Purchasing, Public Information
and Engineering.
[Ord. No. 1431 § IV]
The department, under the discretion and supervision of the
Mayor, shall:
[Ord. No. 1431 § IV]
The Department of Administration shall consist of Personnel
(Human Resources), Purchasing, Public Information, and Engineering.
[Ord. No. 1431 § IV]
a.
Purchasing Agent.
1.
Position Created. The position of Purchasing Agent is hereby created.
2.
Duties. The duties of the Purchasing Agent shall include the following:
(a)
Under direction, perform specialized work in large-scale purchasing
of supplies; do related work as required.
(b)
Establish and develop accepted purchasing methods and records
in accordance with prescribed laws, rules, regulations, standards,
policies and procedures.
(c)
Review requisitions for operating and maintenance equipment,
materials and supplies.
(d)
Locate and investigate suitable reputable sources of supply.
(e)
Prepare specifications.
(f)
Review submitted bids for content and, after thorough analysis,
make recommendations for the acceptance or rejection of such bids.
(g)
Communicate directly with vendors by telephone or correspondence;
interview vendors' representatives and employees regarding specifications
and deliveries.
(h)
Handle complaints by taking the proper remedial action.
(i)
Record the claims of vendors for materials and services.
(j)
Prepare periodic reports and statements.
(k)
Assist in the preparation of temporary and final appropriation
budgets and appropriate transfers.
(l)
Confer with departmental representatives on the standardization
of supplies used and the need for specialized equipment.
(m)
Establish and maintain needed records and files.
3.
Qualifications and Experience. The Purchasing Agent shall have the
following qualifications and experience:
(a)
Graduation from a four-year course at a college of recognized
standing; or
(b)
Four years of experience in the preparation of purchase specifications
and arranging for the large-scale purchase of equipment, materials
and supplies.
(c)
Appointees may be required to possess a valid New Jersey driver's
license.
(d)
Thorough knowledge of the accepted procedures used in making
large-scale purchases; of the laws, rules and regulations effecting
purchasing; of the accepted preparation of specifications of commodity
markets, marketing practices and commodity pricing methods; and of
the application of bookkeeping methods to procurement practices.
(e)
Ability to interpret market prices and trends and apply such
interpretations to procurement problems; to establish and maintain
harmonious working relations; to review and prepare specifications;
to recommend suitable action on bids; use of proper English in the
preparation of reports; and to establish and maintain adequate purchasing
and other records.
(f)
Good health and freedom from disabling physical and mental defects
which would impair the proper performance of the required duties of
which might endanger the health and safety of himself/herself or others.
b.
Purchasing Board.
1.
Created, Composition. There is hereby created a Purchasing Board
of the City consisting of five members, namely, the Purchasing Agent,
the City Clerk, the Treasurer, the City Attorney, and the Business
Administrator, or their designated alternates.
2.
Powers and Duties of Purchasing Board. The Purchasing Board shall
be authorized to receive such bids as may be presented and immediately
proceed to unseal them and publicly announce the contents in the presence
of the parties bidding or their agents, if they choose to be then
and there present, and shall make proper record of the price and terms
upon the minutes of the body.
3.
Bids; Advertisements. All advertisements for bids under N.J.S.A.
40A:11-1 et seq. shall designate the time and place of the meeting
at which the Purchasing Board shall receive bids. Whenever possible,
the advertisement for bids shall designate an hour for receiving bids
between the hours of 10:00 a.m. and 4:30 p.m. from Monday through
Friday, and no bids shall be open previous to the hour designated
in the advertisement, and none shall be received thereafter.
4.
Tabulations, Etc. After the bids are received, read and recorded,
they shall be turned over to the Purchasing Agent for the tabulation
and recommendation to the Mayor.
[Ord. No. 1431 § IV]
The Director of the Department of Law shall be the City Attorney.
He/she shall be a licensed attorney in good standing in the State
of New Jersey.
[Ord. No. 1431 § IV]
The City Attorney shall be the legal representative of the City
in all suits brought by or against it, and all other matters of a
legal nature. He/she shall be present at each regular meeting of the
Council, and give his/her opinion, in writing or otherwise, when the
same shall be requested, on such legal propositions as shall be submitted
to him/her; provided, however, that whenever the written opinion of
the attorney is required on any proposition, the question on which
such opinion is desired shall be submitted, in writing, at least two
days before the time when such opinion is required to be given; he/she
shall also prepare such ordinances for the City as the Council may
required.
[Ord. No. 1431 § IV]
The Department of Law shall perform all appropriate functions
associated with:
a.
Being legal advisor to the Mayor, Council and Directors.
b.
Advising as to form and sufficiency of ordinances prior to passage.
Reviewing appropriate contracts, deeds, documents and instruments
prior to execution on behalf of the City.
c.
Conducting litigation by or on behalf of the City affecting any interest
in the City as directed by the Mayor and Council.
d.
Entering into an agreement, compromise or settlement of any litigation
in which the City is involved, subject to the approval of the Mayor
and Council.
e.
Rendering opinions upon any questions of law submitted to him by
the Mayor, Council or Director of any Department.
f.
Maintaining a record of all actions, suits proceedings and matters
which relate to the City's interest and report thereon as may be required.
g.
Conducting or supervising the Municipal Prosecutor and Public Defender
in the conduct of City prosecutions.
h.
Coordinating the activities of counsel retained by various boards
and agencies of the City.
[Ord. No. 1615 (2017) § 5]
The City shall have at least one Public Defender for its Municipal
Court, appointed by the Mayor for a term of one year and until the
appointment of a successor. An indigent defendant applying for representation
by a Municipal Public Defender in the City shall pay an application
fee of $200. The Municipal Court Judge may waive the required application
fee, in whole or in part, if the Judge determines, in his or her discretion,
that the defendant does not have the ability to pay the application
fee. The defendant shall have the burden to prove he or she does not
have the ability to pay the application fee.
[Ord. No. 1431 § IV]
The Director of the Department of Revenue and Finance shall
be the Chief Financial Officer.
[Ord. No. 1431 § IV]
The Director of the Department of Revenue and Finance is the
Chief Financial Officer, and he/she shall be responsible to the Mayor
for the proper and efficient administration of the financial affairs
of the City. The Chief Financial Officer shall prepare and submit
to the Mayor before the close of the fiscal year a financial report
of the affairs of the City.
[Ord. No. 1431 § IV]
The Mayor may designate an acting Chief Financial Officer to
perform the duties of the office during the absence of the chief Financial
Officer or disability of the Chief Financial Officer for less than
30 days. A temporary Chief Financial Officer may be appointed in accord
with the law.
[Ord. No. 1431 § IV]
The Chief Financial Officer shall be appointed on the basis
of the qualifications as set forth in N.J.S.A. 40A:9-140.1 et seq.
The Chief Financial Officer shall be a resident of the City at the
time of his/her appointment, unless no qualified resident is found.
Such nonresident may thereafter reside outside of the City only with
the approval of the Mayor.
[Ord. No. 1431 § IV]
The department shall perform all appropriate functions associated
with:
a.
Custody, investment and disbursement of City monies.
b.
General budgetary accounting and fiscal control and reporting.
c.
Billing and collection of general revenues.
d.
Tax billing and collection.
e.
Operation of City parking lots and parking meters.
f.
Administration of the beach fee program.
g.
Assisting in the preparation of the capital plan.
h.
Payment of bills, claims and demands. Bills, claims and demands against
the City shall be paid in accordance with N.J.S.A. 40A:5-17 which
shall include a bill list to be presented to City Council at each
regularly scheduled Council meeting. In addition, Council authorizes
the Chief Financial Officer to process payments between Council meetings
whereby the Chief Financial Officer has determined the need for the
payment. These payments shall be reported to Council and incorporated
within the next scheduled bill list as presented. Documentation of
all claims and payments shall be maintained in the Department of Revenue
and Finances.
[Ord. No. 1431 § IV; Ord. No. 1615 (2017) § 6]
The Department of Revenue and Finance shall consist of Tax Collection,
Utility Collection, Tax Assessment, Accounting, Revenue Enhancement
(Parking and Beach Fees), Technology and Capital Planning.
[Ord. No. 1431 § IV]
The Department of Public Works, Parks, and Public Property shall
be under the immediate control and direction of the Director of Public
Works, Parks, and Public Property, who shall be qualified by training
and education or extensive experience to plan, supervise and perform
the work of the department.
[Ord. No. 1431 § IV; Ord. No. 1615 (2017) § 7]
The department shall perform all appropriate duties associated
with:
a.
Maintenance and repair of streets, roads, alleys, boardwalk, beaches,
drainage facilities, fleet, public buildings, and all public infrastructure.
b.
Supervising the recycling and trash collection operations.
c.
Assisting in the preparation of the capital plan.
d.
Manage various private sector contracts to provide services.
e.
Obtain grants for various capital and public work projects.
f.
Manage recycling, clean communities, and stormwater management programs.
g.
Maintaining public property.
[Ord. No. 1431 § IV]
The Department of Public Works, Parks And Public Property shall
consist of Water Supply and Distribution, Sanitary Sewer Collection,
Storm Drainage, Streets and Roads, Refuse Collection, Janitorial,
Building Maintenance, Grounds Maintenance, Beach Maintenance, and
Vehicle Maintenance.
[Ord. No. 1431 § IV]
The Director of the Department of Police shall be qualified
by training and education or extensive experience to plan, supervise
and perform the work of the department.
[Ord. No. 1431 § IV; Ord. No. 1504-2011 § XVI; Ord. No. 1509-2011 § II; Ord. No. 1608-2017 § 2; Ord. No. 1615 (2017) § 8]
The Department of Police shall consist of the Police Department, the Office of Emergency Management, Lifeguard Patrol, Animal Control, found in Chapter 5, Sea Isle City Marina, the Sea Isle City Volunteer Fire Company, and the Division of Emergency Medical Services, administering the traffic maintenance program (signs and lines) and shall execute control over these organizations.
The Police Department jurisdiction is encompassed by the City
limits, which includes the beaches and the City Marina. The Police
Department shall be responsible for the regulation, control, operation,
and use of City parking lots and parking meters installed in all parking
meter zones.
[Ord. No. 1509 (2011) § II]
There is hereby created in and for the City of Sea Isle City,
a Police Department which shall consist of no more than one Chief
of Police, and such number of captains, lieutenants, sergeants, detectives,
patrol officers, other officers and employees as deemed necessary
for the proper management, control and efficiency of the Department.
[Ord. No. 1509 (2011) § III]
The Police Department shall:
Preserve the public peace; protect life and property; detect,
arrest and prosecute offenders of the laws of New Jersey and the ordinances
of Sea Isle City; direct and control traffic; provide attendance and
protection during emergencies; make appearances in court; cooperate
with all other law enforcement agencies; and provide training for
the efficiency of its members and officers.
[Ord. No. 1509 (2011) § IV]
The annual salary of all officers and employees of the Police
Department shall be those now established by the Administration through
and by collective bargaining agreements, or such as may hereafter
be changed by the Administration through and by a collective bargaining
agreement adopted subsequent thereto.
[Ord. No. 1509 (2011) § V]
The Mayor shall appoint a Chief of Police with the consent and
approval of the Governing Body. The Chief shall be directly responsible
to the Appropriate Authority for the efficiency and routine day-to-day
operations of the Police Department. The Chief of Police shall, pursuant
to policies established by the Governing Body and consistent with
City ordinances:
a.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directives for the disposition and discipline
of the Department and its officers and personnel.
b.
Have, exercise, and discharge the functions, powers and duties and
other personnel.
c.
Prescribe the duties and assignments of all subordinates and other
personnel.
d.
Delegate such of his authority as he may deem necessary for the efficient
operation of the Police Department to be exercised under his discretion
and supervision.
e.
Report at least monthly to the Appropriate Authority in such form
as shall be prescribed by the Appropriate Authority on the operation
of the force during the preceding month, and make such other reports
as may be requested by the Appropriate Authority.
f.
May act on his own initiative to temporarily place in command any
other officer or suitable person in order to perform the functions
of the Chief of Police if he is unable, by reason or disability, to
perform the functions of his office.
[Ord. No. 1509 (2011) § VI]
In accordance with N.J.S.A. 40A:14-118, the Mayor is hereby
designated as the Appropriate Authority, for purposes of this section,
and is hereby vested with the powers and duties of an appropriate
authority as delegated by law.
[Ord. No. 1509 (2011) § VII]
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey statutes. The selection
criteria for a Police Officer shall be in accordance with Department
policy, the rules and regulations of the State of New Jersey Department
of Personnel, and as otherwise prescribed by the statutes of the State
of New Jersey and City of Sea Isle City ordinances.
[Ord. No. 1509 (2011) § VIII]
The City of Sea Isle City hereby establishes Special Law Enforcement
Officers pursuant to and in compliance with the Special Law Enforcement
Officers Act (N.J.S.A. 40A:14-146.8 et seq.).
a.
Duties.
1.
In addition to the duties set forth under N.J.S.A. 40A:14-146.11(a),
Class One Officers shall be empowered to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of the municipal
ordinances and violations of Title 39 of the revised statutes. Class
Two Officers shall be authorized to exercise full powers and duties
similar to those of a permanent, regularly appointed, full-time Police
Officer.
b.
Authorized Strength.
1.
The City is hereby authorized to hire up to 10 Class One Special
Law Enforcement Officers, and up to 30 Class Two Special Law Enforcement
Officers. The City is further authorized to hire one full-time Class
Two Officer, as authorized by N.J.S.A. 40A:14-146.16(c).
c.
Supplemental.
1.
Special Law Enforcement Officers shall not be utilized to supplant
regular Police Officers on City assigned extra-duty assignments.
2.
Special Law Enforcement Officers are subject to the personnel policies
of the City of Sea Isle City.
3.
Special Law Enforcement Officers are subject to the Sea Isle City
Police Department's Written Directive System, where applicable.
[Ord. No. 1509 (2011) § IX]
Discipline of Police Officers will be imposed consistent with
New Jersey State statutes, New Jersey Administrative Code, and the
rules and regulations of the State of New Jersey Department of Personnel.
The written charges will be signed by the Chief of Police or designee
as provided in the New Jersey statutes and the Police Department's
Rules and Regulations. Police Officers may also be subject to discipline
for violating other statutes, ordinances and policies.
[Ord. No. 1509 (2011) § X]
The Appropriate Authority shall, from time to time as may be
necessary, adopt and amend the rules and regulations for the government
and discipline of the Police Department and employees thereof. All
employees of the Police Department shall be subject to such rules,
regulations, and penalties.
[1]
Editor's Note: Former § 2-9A.10, Off-Duty Police
Officers, was repealed 1-14-2020 by Ord. No. 1646.
[Ord. No. 1509 (2011) § XII]
No officer or employee of the Department may solicit anyone
to intercede with the Director of Police, the Chief of Police, the
Mayor or Council or any superior officer in relation to promotions,
changing of beats, disposition of pending charges or for refusing
to perform or evading duty of any kind, whenever necessity requires,
whether on patrol or elsewhere, and whether or not in uniform.
[Ord. No. 1509 (2011) § XIII]
a.
No person shall hereafter be given or accept a permanent appointment
as a Police Officer in the City unless such person has completed successfully
a Police Training course at a school approved and authorized by the
Police training Commission in the Department of Law and Public Safety
of the State pursuant to the provisions of N.J.S.A. 52:17B-66, et
seq.
b.
Temporary Appointment Required Prior to Taking Course. No person
shall be permitted to take a Police Training course unless he/she
holds a probationary or temporary appointment as a Police Officer
in the City, and such appointee shall be entitled to a leave of absence
with pay during the period of the Police Training course.
c.
Temporary Appointment Permitted Prior to Completion. Paragraph a
shall not prohibit the giving or accepting of a probationary or temporary
appointment as a Police Officer for a period not to exceed one year,
to enable a person seeking a permanent appointment to complete a Police
Training course as prescribed by the Police Training Commission.
[Ord. No. 1431 § IV]
This section shall be known and may be cited and referred to
as the "Emergency Management Ordinance of the City of Sea Isle City,
New Jersey."
[Ord. No. 1431 § IV]
a.
It is the intent and purpose of this section to establish an office
that will insure the complete and efficient utilization of all of
the City's facilities to combat disaster resulting from enemy actions
or other disasters as defined herein.
b.
The City Office of Emergency Management will be the coordinating
agency for all activity in connection with emergency management; it
will be the instrument through which the Mayor may exercise the authority
and discharge the responsibilities vested in him/her by the statutes
of the State and by this section.
c.
This section will not relieve any department of the City of the moral
responsibilities or authority given to it in the City ordinance, nor
will it adversely affect the work of any volunteer agency organized
for relief in disaster emergencies.
[Ord. No. 1431 § IV]
As used in this section:
Shall mean a direct or indirect assault against the City,
its government, its environs, or of the nation, by the forces of a
hostile nation or the agents thereof, including assault by bombing,
radiological, chemical or biological warfare, or sabotage.
Shall mean the coordinator of the Office of Coordinator of
the Office of Emergency Management appointed as prescribed in this
section.
Shall mean and include, but is not limited to, actual or
threatened enemy attack, sabotage, extraordinary fire, flood, storm,
epidemic or other impending or actual calamity endangering or threatening
to endanger health, life or property or constituted government.
Shall mean, in its broad meaning, to carry out the basic
government functions of maintaining the public peace, health and safety
during an emergency. This shall include plans and preparations for
protection from, and relief recovery and rehabilitation from, the
effects of an attack on the City by the forces of an enemy nation
or the agents thereof, and it shall also include such activity in
connection with disaster as defined herein. It shall not, however,
include any activity that is the primary responsibility of the military
forces of the United States.
Shall mean the employees, equipment and facilities of all
City departments, boards, institutions and commissions; and, in addition,
it shall include all volunteer personnel, equipment and facilities
contributed by, or obtained from, volunteer persons or agencies.
Shall mean any person duly registered, identified and appointed
by the Coordinator of the Office of Emergency Management and assigned
to participate in the emergency management activity.
Shall mean and include plans, programs and other emergency
procedures deemed essential to emergency management.
Shall mean contributing service, equipment or facilities
to the Emergency Management Organization without remuneration.
[Ord. No. 1431 § IV]
a.
The Mayor is hereby authorized and directed to create an Organization
for Emergency Management utilizing to the fullest extent the existing
agencies within this City. The Mayor, as executive head of the municipal
government, shall appoint a Coordinator of the Emergency Management
Forces of this City, and shall be responsible for their organization,
administration, and operations of the Emergency Management Organization.
b.
The Organization shall consist of the following:
1.
The Office of Emergency Management shall be under the direction of
the Emergency Management Coordinator. He/she shall be head of the
Office of Emergency Management, and shall be known as the Coordinator
of the Office of Emergency Management. The Coordinator of the Office
of Emergency Management shall employ such assistants and other employees
as are deemed necessary for the proper functioning of the Organization.
2.
The employees, equipment and facilities of all departments, boards,
institutions and commissions will participate in the emergency management
activity. Duties assigned to a department shall be the same or similar
to the normal duties of the department.
3.
Volunteer persons and agencies shall offer service to and be accepted
by the City.
c.
The Mayor shall appoint a Coordinator of the Office of Emergency
Management, who shall be a person well versed and trained in planning
operations involving the activities of the many different agencies
which will operate to protect the public health, safety and welfare
in the event of damage from enemy action or disaster as defined in
this section.
d.
The Emergency Management Coordinator shall designate and appoint
Deputy Coordinators to assume the emergency duties of the Coordinator
in the event of his/her absence or inability to act.
[Ord. No. 1431 § IV]
a.
Powers Generally.
1.
The Emergency Management Coordinator may exercise the emergency power
and authority necessary to fulfill his/her general powers and duties.
The judgment of the Coordinator shall be the sole criteria necessary
to invoke emergency powers provided in the City Ordinances and other
appropriate authorities in the City of Sea Isle City. The Mayor or
Council may convene to perform their legislative and administrative
powers as the situation demands, and shall receive reports relative
to Emergency Management activities. Nothing in this section shall
be construed as abridging or curtailing the powers or restrictions
of the Mayor or Council.
2.
During any period when disaster threatens or when the City has been
struck by disaster, within the definition of this section, the Emergency
Management Coordinator may promulgate such regulations as he/she deems
necessary to protect life and property and preserve critical resources.
Such regulations may include, but shall not be limited to, the following:
(a)
Regulations prohibiting or restricting the movement of vehicles
in order to facilitate the work of Emergency Management Forces, or
to facilitate the mass movement of persons from critical areas within
or without the City.
(b)
Regulations pertaining to the movement of persons from areas
deemed to be hazardous or vulnerable to disaster.
(c)
Such other regulations necessary to preserve public peace, health
and safety.
(d)
Regulations promulgated in accordance with the authority above
will be given widespread circulation by proclamations published and
uttered by newspaper and radio. These regulations will have the force
of an ordinance when duly filed with the Business Administrator.
3.
The Emergency Management Coordinator may obtain vital supplies, equipment
and other properties found lacking and needed for the protection of
health, life and property of people, and to bind the City for the
fair value thereof.
4.
The Emergency Management Coordinator may require emergency service
of any City Officer or employee. If regular City forces are determined
inadequate, the Coordinator may require the services of such other
personnel as he/she can obtain, including citizen volunteers. All
duly authorized persons rendering emergency services shall be entitled
to the privileges and immunities as are provided by State law and
ordinances for regular City employees and other registered and identified
emergency management and disaster workers and, upon demand, they may
receive appropriate compensation for their emergency employment.
5.
The Emergency Management Coordinator shall cause to be prepared the
Basic Plan herein referred to, and to exercise his/her ordinary powers
as Coordinator, all of the special powers conferred upon him/her by
the City ordinances and this section, all powers conferred upon him/her
by any statute or any other lawful authority.
b.
Duties Generally. The Coordinator of the Office of Emergency Management
shall be responsible to the Mayor in regard to all phases of the emergency
management activity. Under the supervision of the Mayor, he/she shall
be responsible for the planning, coordination and operation of emergency
management activity in the City. Under the supervision of the Mayor,
he/she shall maintain liaison with the State and Federal authorities
and with the authorities of other nearby political subdivisions so
as to insure the most effective operation of the Emergency Management
Plan. His/her duties shall include, but not be limited to, the following:
1.
Coordinating the recruitment of volunteer personnel and agencies
to augment the personnel and facilities of the City for emergency
management purposes.
2.
Development and coordination of plans for the immediate use of all
of the facilities, equipment, manpower and other resources of the
City for the purpose of minimizing or preventing damage to persons
and property; and protecting and restoring to usefulness governmental
services and public utilities necessary for the public health, safety
and welfare.
3.
Negotiating and concluding agreements with owners or persons in control
of buildings or other property for the use of such buildings or other
property for the emergency management purposes and designating suitable
buildings as public shelters.
4.
Through public informational programs, educating the civilian population
as to actions necessary and required for the protection of their persons
and property in case of enemy attack or disaster, as defined herein,
either impending or present.
5.
Conducting public practice alerts to insure the efficient operation
of the emergency management forces and to familiarize residents with
emergency management regulations, procedures and operations.
6.
Coordinating the activity of all other public and private agencies
engaged in any emergency management activity.
7.
Assuming such authority and conducting such activity as the Coordinator
may direct to promote and execute the Emergency Management Plan.
[Ord. No. 1431 § IV]
a.
A comprehensive Emergency Management and Disaster Basic Plan shall
be adopted and maintained by resolution of the Council upon the recommendations
of the Emergency Management Coordinator. In the preparation of this
Plan, as it pertains to City organization, it is the intent that the
services, equipment, facilities and personnel of all existing departments
and agencies shall be utilized to the fullest extent. When approved,
it shall be the duty of all municipal departments and agencies to
perform the functions assigned by the Plan and to maintain their portion
of the Plan in a current state of readiness at all times. The Disaster
Basic Plan shall be considered supplementary to this section, and
have the effect of law whenever a disaster, as defined in this section,
has been proclaimed.
b.
The Coordinator shall prescribe in the Basic Plan those positions
within the disaster organization, in addition to his/her own, for
which lines of succession are necessary. In each instance, the Coordinator
will keep on file a list of three persons as successors to his/her
position. The list will be in order of succession and will as nearly
as possible designate persons best capable of carrying out all assigned
duties and functions.
c.
Each service chief and department head assigned responsibility in
the Basic Plan shall be responsible for carrying out all duties and
functions therein. Duties will include the organization and training
of assigned City employees and volunteers. Each chief shall formulate
the operational plan for his/her service which, when approved, shall
be an annex to and a part of the Basic Plan.
d.
Amendments to the Basic Plan shall be submitted to the Emergency
Management Coordinator. If approved, the Coordinator will submit the
amendments to the Council with his/her recommendations for approval.
Such amendments shall take effect 30 days from the date of approval
unless action is taken by the Council disapproving the Coordinator's
submission. In the event an amendment is pending at the time that
a disaster is proclaimed under this section, the amendment will be
considered approved immediately and will remain effective unless specifically
revoked by the Council.
e.
When a required competency or skill for a disaster function is not
available within the City government, the Coordinator is authorized
to seek assistance from persons outside the City government. The assignment
of duties, when of a supervisory nature, shall also grant authority
for the persons so assigned to carry out such duties prior to, during
and after the occurrence of a disaster. Services from persons outside
of government may be accepted by the City on a volunteer basis. Such
citizens shall be enrolled as emergency management volunteers in cooperation
with the heads or the directors of the departments affected.
f.
Some of the duties ascribed to the Coordinator in this section will
ordinarily be handled as a routine matter by the Deputy Coordinator,
but the responsibility and the authority stems from and remains with
the Coordinator.
g.
The Mayor is hereby authorized to appoint such Deputy Coordinator
as he/she may feel are necessary to carry out the intent of this section.
[Ord. No. 1431 § IV]
a.
This section is an exercise by the City of its governmental functions
for the protection of the public peace, health and safety, and neither
the City nor agents and representatives of the City, nor any individual,
receiver, firm, partnership, corporation, association or trustee,
or any of the agents thereof, in good faith carrying out, complying
with or attempting to comply with any order, rule or regulation promulgated
pursuant to the provisions of this section shall be liable for any
damage sustained to persons or property as the result of the activity.
b.
Any person owning or controlling real estate or other premises who
voluntarily and without compensation grants the City the right to
inspect, designate and use the whole or any part or parts of such
real estate or premises for the purpose of sheltering persons during
an actual, impending or practice enemy attack shall not be civilly
liable for the death of, or injury to, any persons on or about such
real estate or premises under such license, privilege or other permissions,
or for loss of, or damage to, the property of such person.
[Ord. No. 1431 § IV]
a.
It shall be unlawful for any person to violate any of the provisions
of this section or of the regulations or plans issued pursuant to
the authority contained herein, or to willfully obstruct, hinder or
delay any member of the Emergency Management Organization, as herein
defined, in the enforcement of the provisions of this section or any
regulation or plan issued thereunder.
[Ord. No. 1431 § IV]
A Lifeguard Patrol in and for this City is hereby established.
[Ord. No. 1431 § IV]
The proper officers shall prescribe rules and regulations governing
the duties, obligations, requirements and responsibilities of lifeguards
in order to promote the general health, welfare and safety of the
bathing beaches and waters surrounding the City.
[Ord. No. 1431 § IV]
The Lifeguard Patrol shall consist of a Captain, Lieutenants,
and other lifeguards as may be required.
[Ord. No. 1431 § IV]
The proper officers are authorized to employ persons to perform
such duties as may be prescribed for members of the patrol. All such
employment shall be seasonal or temporary in character and compensation
shall be paid as provided in the Salary Ordinance.
[Ord. No. 1431 § IV]
Any person employed under the authority of this section shall
be a temporary employee.
[Ord. No. 1431 § IV]
The Captain shall be employed on a seasonal basis which shall
cover a period of time to be agreed upon as circumstances may require.
All other lifeguards shall be employed for such months, or parts thereof,
as may be required. The Captain and other lifeguards shall be paid
at a rate set forth in the Salary Ordinance.
[Ord. No. 1431 § IV]
The proper officers of the Council may determine the requirements
necessary to qualify employees as lifeguards in this City.
[Ord. No. 1431 § IV]
The rate of compensation for persons employed under authority
thereof shall be governed by the current salary ordinance filed in
the office of the City Clerk. The Council shall, by resolution, particularize
the classification of lifeguards and the range of wages to be paid
on such classification.
[Ord. No. 1431 § IV]
Nothing herein contained shall prevent the proper officers from
employing such persons or additional persons at rates of compensation
or such other compensation, as may be required to meet any emergency
or special needs of the City.
[Ord. No. 1504 (2011) § XVIII]
The City of Sea Isle City recognizes the importance of the Volunteer
Fire Department and desires to formally codify the Department's role
within the City.
There is hereby established in and for the City of Sea Isle
City the Sea Isle City Volunteer Fire Company (hereinafter referred
to as the Fire Department). No other firefighting organization is
to be formed within the City without the consent of the Mayor. The
Fire Department shall comply with all the requirements of this section
and any rules or regulations promulgated hereunder.
[Ord. No. 1509 (2011) § XIX]
Members shall be appointed by the Mayor and installed consistent
with the Fire Department application process and bylaws. The Mayor
shall appoint the Chief, and Assistant Chiefs from within the ranks
of the Fire Department, with all other officers installed consistent
with the Fire Department Bylaws. All members of the Fire Department
shall serve without compensation, except for stipends paid by the
City or the Fire Department. The Mayor will take into consideration
the recommendation of the Fire Department in the appointment of the
Chief and Assistant Chiefs.
[Ord. No. 1509 (2011) § XX]
The bylaws and any amendments thereto shall be submitted to
the Administrator for approval. The Administrator shall have the authority
to issue rules and regulations, which rules and regulations shall
supersede the bylaws if in conflict.
[Ord. No. 1509 (2011) § XXI]
The City retains ownership and control over quarters and equipment
entrusted to the Fire Department.
[Ord. No. 1583 (2015) § 1]
There is hereby established, as of the adoption of this subsection, a monthly stipend program that shall be available to active members of the Sea Isle City Volunteer Fire Department. The amount to be paid to each such active member shall be based upon participation and response to alarms of fires. The Chief of the Sea Isle City Fire Department, or his/her designee, shall solely determine said participation. The Chief of the Sea Isle City Fire Department's determination as to said participation and/or amount of participation is final. This monthly stipend program shall not affect the LOSAP Program as contained in Section 2-27 of the City Code. The Program shall be retroactive to May 1, 2015.
[Ord. No. 1583 (2015) § 2; 2-9-2021 by Ord. No. 1662]
a.
Criteria for payment of a monthly stipend to active firefighters
providing fire service shall be established as follows:
b.
There shall be no maximum limit a firefighter can earn under the
Stipend Program as long as the Stipend Program and Duty Crew Program
combined for the firefighter do not exceed FLSA allowance for volunteer
firefighters to remain a volunteer. It shall be the responsibility
of the Fire Company to monitor its members under these programs.
c.
No firefighter shall accrue a credit to or under the Stipend Program
for time the firefighter was engaged in duty under the Duty Crew Program.
[Ord. No. 1583 (2015) § 3]
The Chief of the Sea Isle City Fire Department shall present,
on a quarterly basis, a list containing the names of the firefighters
who are entitled to receive a quarterly stipend, the stipend eligible
activity participated by the firefighter and the amount of the stipend
for each firefighter to the Business Administrator and the Chief Financial
Officer, or their designee(s). The Chief of the Sea Isle City Fire
Department shall endeavor to provide said list no later than the 10th
day of the month following each quarter. After consideration and approval
by the Business Administrator, the Chief Financial Officer shall issue
payment of such stipends through the regular payment of claims process.
In no event shall any such stipend paid by the City of Sea Isle City
in accordance with this chapter be considered as salary, wages or
other remuneration. No person receiving a stipend under this chapter
shall be considered an employee of the City of Sea Isle City. Should
an employee of the City be a qualifying volunteer with the Sea Isle
City Fire Department then that person shall be paid the stipend as
determined by the Chief Financial Officer in such a way as to separate
the stipend from salary and in no way shall the stipend be considered
as salary for employment with the City. All other individuals receiving
a stipend shall be issued a form 1099 for tax purposes and any and
all tax payments associated with such stipend shall be the sole responsibility
of the individual receiving such stipend. Each individual receiving
said stipend shall not be entitled to receipt of the stipend until
completion of all documents requested from the Chief Financial Officer.
The payment of the stipend to any individual firefighter shall not
be construed to create a contractual relationship with the firefighter.
The stipend program is for the benefit of the Sea Isle City Fire Department.
[Ord. No. 1583 (2015) § 4]
Each year the Chief of the Sea Isle City Fire Department shall
review the criteria for payment of the stipend to eligible firefighters
to determine whether any amendments or modifications should be made
to the program and the effect of the stipend program on the status
of the membership of the volunteer firefighters. Said findings shall
be submitted in the form of a detailed report to the Business Administrator
and the Chief Financial Officer, or their designee(s) on an annual
basis no later than October 31 of each year for consideration and
approval of said report. The Business Administrator in consultation
with the Chief of the Sea Isle City Fire Department shall make any
and all determinations on amendments or modifications to the stipend
program, such determination shall be final.
[Added 2-9-2021 by Ord.
No. 1662]
a.
It has been determined that a plan to staff the fire station with
firefighters shall be implemented. The plan is to be established in
accordance with the rules and regulations developed by the Sea Isle
Volunteer Fire Department (SICVFD) and shall comply in all respects
with the requirement of the Fair Labor Standards Act (FLSA) and other
applicable and controlling law. Overall costs of said program shall
be capped at $30,000 per month.
b.
Effective July 1, 2020, there shall be established a Duty Crew Program
to compensate the SICVFD who staff the fire station during overnight
hours and as assigned. This program shall be implemented and monitored
by the Business Administrator in consultation with the Chief Financial
Officer. Such stipend program shall comply with the requirements of
the Fair Labor Standards Act (FLSA), the regulations of the Internal
Revenue Service regarding payments to volunteers and any and all other
applicable and controlling federal or state law.
c.
Effective July 1, 2020, such program shall be funded by an appropriation
in the annual municipal budget. Prior to implementing such program,
the Business Administrator, in consultation with the Chief Financial
Officer, shall negotiate with the SICVFD a Memorandum of Understanding
(MOU) to be approved by the City Solicitor, which MOU shall embody
all of the terms, conditions, rules, and regulations for the implementation
and administration of such program, which shall be amended from time
to time.
d.
The initial MOU shall be approved by City Council and, once finalized
and approved, may continue in force for five years; thereafter, every
five years the MOU shall be brought back to City Council for approval,
subject to City annual budgetary appropriations, unless either the
City or the SICVFD shall give written notice to the other of an intent
to terminate or amend such agreement which notice shall be given and
received consistent with the MOU. Any amendment to the MOU shall first
be approved by City Council before taking effect.
e.
The program established by this section shall apply only to the SICVFD
and shall not extend to Fire Police or any other personnel other than
the SICVFD.
f.
In order to meet the staffing requirements of the Duty Crew Program,
the SICVFD may create a limited membership in the SICVFD to accept
qualified members of other fire companies to participate in the Duty
Crew Program. Such limited members shall have the same duties and
responsibilities as regular members when working with the Duty Crew
Program and it shall be the responsibility of the SICVFD to monitor
and pay said limited fire company members.
[Added 2-9-2021 by Ord.
No. 1662]
The Chief of the Sea Isle City Volunteer Fire Department shall
present, on a monthly basis, a voucher with a list containing the
names of the firefighters who are entitled to receive the duty crew
stipend, the duty crew shifts participated by the firefighter and
the amount of the duty crew stipend for each firefighter to the Chief
Financial Officer, or designee(s) and shall submit on a monthly basis,
a voucher for $1,000 to cover the administrative costs for the SICVFD
to run the stipend program as to be detailed in the MOU, to be prorated
for the first year (2020) and not to exceed $12,000 each year thereafter.
The Chief of the Sea Isle City Volunteer Fire Department shall endeavor
to provide said list no later than the 10th day of the month. After
consideration and approval by the Chief Financial Officer, the City
shall issue payment of such duty crew stipend through the regular
payment of voucher process to the Sea Isle City Volunteer Fire Department.
The SICVFD shall distribute the duty crew stipend in accordance with
the list of recipients attached to said voucher. In no event shall
any such duty crew stipend paid by the City of Sea Isle City in accordance
with this chapter be considered as salary, wages or other remuneration.
The Chief of the SICVFD or his/her designee is hereby designated as
program manager and the chief or his/her designee shall be compensated
by the SICVFD for their efforts on behalf of the SICVFD.
[Added 2-9-2021 by Ord.
No. 1662]
Nothing in the Duty Crew Program will entitle any volunteer
member to benefits, i.e., health benefits, death benefits, pension
benefits, civil service or employment rights/status of any kind whatsoever
as a result of receiving any payment for participation in the Duty
Crew Program. Said volunteer member remains a volunteer for the SICVFD
and has no individual relationship with the City. Said volunteer shall
continue to be entitled to any benefit, defense or nominal payments
enjoyed by the volunteers as permitted by the City.
[Added 2-9-2021 by Ord.
No. 1662]
No member of the Sea Isle City Volunteer Fire Department shall
be entitled to participate hereunder until he/she shall first have
executed a waiver waiving any and all claim to pension, civil service,
or employment status of any kind whatsoever as a result of participating
in the Duty Crew Program through the SICVFD.
[Added 2-9-2021 by Ord.
No. 1662]
All members of the SICVFD participating in the Duty Crew Program shall be indemnified by the City against personal liability arising out of that person's participation in the Duty Crew Program to the same extent as an official of the City pursuant to the indemnification provisions contained in § 9-2 of the Sea Isle City Code.
[Ord. No. 1608-2017]
There is hereby established a Sea Isle City Emergency Medical
Services Division (hereinafter Sea Isle City EMS) within the Department
of Police to administer and coordinate the emergency medical transport
services provided by the City; to be supplemented by the City's volunteer
rescue squad. The City of Sea Isle City recognizes Sea Isle Ambulance
Corps., Inc. for its continued efforts to provide exceptional care
and services to the residents and visitors of the City.
[Ord. No. 1608-2017]
Sea Isle City EMS is to provide efficient, professional and
expedient emergency medical care and transportation.
The Sea Isle City EMS Division shall be in compliance with N.J.A.C.
8:40-1.1 et seq.
In addition to the emergency medical services herein authorized,
the Division may provide secondary non-emergency transport based on
criteria established by the Division.
[Ord. No. 1608-2017]
The Director of the Department of Police shall serve as head
of the Sea Isle City EMS Division. EMS Division functions shall be
administered and staff supervised by the Director of Department of
Police and/or his/her designee.
[Ord. No. 1608-2017]
The Sea Isle City EMS Division is governed by all of the policies
and procedures of the City of Sea Isle City. The Director of Department
of Police and/or his/her designee shall develop supplemental policies
and procedures tailored to the specific protocols governing the Division.
[Ord. No. 1608-2017]
The Sea Isle City EMS Division shall be staffed by certified
Emergency Medical Technicians (EMT) who hold a valid New Jersey driver's
license and shall be employees of the City. The Division shall consist
of sufficient full time employees and sufficient part time employees
to ensure appropriate staffing of EMS Division. One of the full time
employees shall be designated to coordinate scheduling and act as
liaison to the Director of the Department of Police from the EMS Division.
There shall be seasonal employees as determined from time to time
by the Administrator.
[Ord. No. 1608-2017]
No person shall be eligible to become an employee of the Emergency
Medical Service Division unless such person possesses and provides
proof of the following qualifications:
a.
All applicants for employment shall be between the age of 18 and
the state maximum permitted age.
b.
Be physically fit to perform the duties of an emergency medical technician.
The applicant shall submit to a medical evaluation by a licensed physician
the costs of which will be borne by the employee.
c.
Prior to employment, provide the City with a criminal background
check and have no prior convictions for any offense or crime.
d.
Be subject to a motor vehicle background check with no prior record
of reckless driving, driving under the influence of drugs or alcohol
or any other serious moving violation.
e.
Be subject to pre-employment and random drug testing. The position
of emergency medical technician is considered a safety sensitive position
and shall be subject to the City policies and procedures for safety
sensitive position.
f.
Be a certified emergency medical technician of the State of New Jersey
with at least two years experience as an emergency medical technician.
Any lapse in certification will be cause for immediate suspension
of duties. Reinstatement will only occur upon certification is reinstated.
g.
Possess a valid New Jersey driver's license and maintain same during
course of employment.
[Ord. No. 1608-2017]
The Director of the Department of Police or designee shall be
responsible for the overall operation of the Division, including,
but is not limited to, administration of the state licensing, creation
and maintenance of standard operating procedures and third party billing
issues.
[Ord. No. 1608-2017]
The staff of the Sea Isle City EMS Division shall receive such
compensation as is provided for by salary ordinance covering their
titles adopted by the City of Sea Isle.
[Ord. No. 1608-2017]
All persons needing emergency or rescue services within the
City of Sea Isle City shall be serviced, to the extent that such services
are available, without discrimination on any basis, and without respect
to residency, ability to pay, or any other factor. No person located
within the City of Sea Isle City at the time that either emergency
medical or rescue services are needed shall be denied available service
when such services are available.
[Ord. No. 1608-2017]
There shall be no delay in providing available service identified
in this section due to any third party billing, prior interaction
between the person needing emergency medical or rescue services and
the billing companies or the City.
[Ord. No. 1608-2017]
Personnel of the Division of EMS shall maintain accurate records
of all EMS requests for service, service calls and services provided.
Said records shall include pertinent information about the general
nature of the call and shall identify the complete name, mailing address,
location and telephone numbers of all persons requesting and receiving
EMS services as well as all pertinent and available insurance information.
[Ord. No. 1608-2017]
The fee schedule for emergency medical services transport by
the City of Sea Isle is as follows:
a.
Base Rate: The base rate is $800 per transport. This rate includes
the dispatch of two EMTs; services of basic life support; and emergency
ambulance transportation to the following health care facilities:
b.
Mileage Charge: A mileage charge of $14 per mile shall be added to
the base rate for any facility further than those listed in paragraph
a herein.
c.
Additional Charges: (1) Oxygen - $75; (2) Collars - $35; (3) AED
- $95; EpiPen/Narcan -$150; (4) Non-emergency stretcher transport
- $500.
[Ord. No. 1608-2017]
a.
The fees for emergency medical services set forth herein notwithstanding,
when a Sea Isle ambulance responds to an emergency call the City shall
engage in insurance only billing, whereby the City will accept as
payment only what is paid by the patient's health insurance plan,
applicable automobile insurance policy, or Medicare/Medicaid, and
shall not bill for any deductibles, co-pays or other balance due.
b.
The Division may utilize other agencies or providers for services,
such as but not limited to, advanced life support services. Those
agencies/providers charge in accordance with their policies and are
not subject to insurance only billing, whether billed through the
Division or independently to the patient.
c.
The failure of the patient to cooperate in providing necessary information,
processing insurance forms, or otherwise refusing to assist the Division
in collecting fees owed shall subject the patient to liability to
the City for such services.
d.
The City may contract with a professional medical billing service
for the collection of payment for services rendered by the Division.
Said bill shall be issued to the insurance company for the person
served or directly to the person served if there is a failure to cooperate.
[Ord. No. 1431 § IV]
The Director of the Department of Community Services shall be
qualified by training and education or extensive experience to plan,
supervise and perform the work of the Department.
[Ord. No. 1431 § IV]
The Department shall perform all appropriate functions associated
with:
[Ord. No. 1431 § IV; Ord. No. 1504 (2011) § III]
The Department of Community Services shall consist of Recreation
Division and the Community Services Division. The Recreation Division
shall include programs, events, and maintenance. The Community Services
Division shall include Tourism, City Media, Public Relations, Community
Organization Liaison, Special Events, Senior Services, Library Liaison
and Project Development.
[Ord. No. 1431 § IV]
The Director of the Department of Community Development shall
be qualified by training and education or extensive experience to
plan, supervise and perform the work of the Department.
[Ord. No. 1431 § IV]
The Department of Community Development shall consist of Planning,
Zoning, Construction Codes and Municipal Codes.
