[Editor's Note: The form of government in Oakland is the
Borough form which comprises Chapters 86 to 94 of Title 40 of the
Revised Statutes. The Administrative Code has been drafted in conformity
with the Borough law and in many instances provisions have been restated.
Other enabling laws pertaining to the Administrative Chapter are N.J.S.A.
40:4-1 et seq., Police and Fire Departments; N.J.S.A. 2A:8-1, et seq.,
Municipal Court; N.J.S.A. 26-3.1, et seq., Board of Health. General
authority to regulate the internal affairs of the Borough derives
from N.J.S.A. 40:48-2.]
[New]
This Chapter shall be known and may be cited as the "Administrative
Code of the Borough of Oakland" and is sometimes referred to as the
"Code".
[New]
The Council shall consist of the Mayor and six Councilmen elected
at large in the Borough, all of whom shall be elected and take office
in the manner provided by law. The terms of office of the Mayor and
Councilmen shall commence on January 1 next following their election.
[New]
Pursuant to the Borough law, a vacancy occurring in the office
of Mayor, whether by resignation or otherwise, shall be filled by
the Council until the next annual election and until the election
and qualification of a successor. At such next annual election, the
person elected to fill the vacancy shall be elected for the unexpired
term only. All vacancies in other elective offices shall be filled
by nomination by the Mayor and appointment by him, with the advice
and consent of the Council expressed by a vote of the majority of
the members of the Council present at the meeting, provided that at
least three affirmative votes shall be required for such purpose,
the Mayor to have no vote thereon except in the case of a tie. All
appointments to fill vacancies on the Council shall be until January
1 following the next general election and the person appointed shall
be of the same political party as the person vacating the seat. If
such vacancies shall occur at so short a period of time before the
next annual election that the office cannot be filled at such election,
the vacancy shall be filled in the same manner as though the same
had occurred immediately after the election and the vacancy shall
be filled at the next subsequent annual election for such portion
of the term, if any, as may still remain unexpired. At such next annual
election, the person elected to fill the vacancy shall be elected
for the unexpired term only.
[1]
Editor's Note: Vacancies shall be filled in conformance with
N.J.S.A. 40A:60 and the Municipal Vacancy Law.
[New]
The Borough Council shall meet for organization at 12:00 noon
on January 1 or at some other hour on any day during the first week
in January; provided however that should January 1 fall on Sunday
and no other time for the meeting has been fixed, the meeting shall
fall on the following day following each general election.
Thereafter the Borough Council shall meet regularly within the
Borough at such times and places as provided by resolution. The Mayor
shall, when necessary, call special meetings of the Council. In case
of his neglect or refusal, any four members of the Council may call
such meetings at such time and place in the Borough as they may designate
and, in all cases of special meetings, notice shall be given to all
members of the Council or left at their places of residence. Three
Councilmen and the Mayor and, in the absence of the Mayor, four Councilmen,
shall constitute a quorum for the transaction of business; but a smaller
number may meet and adjourn.
[New]
The Mayor shall preside over all meetings of the Borough Council
but shall not vote except to give the deciding vote in case of a tie.
The Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough. No appointments shall be made
except by the vote of a majority of the members of the Council present
at the meeting, provided that at least three affirmative votes shall
be required for such purpose, the Mayor to have no vote thereon except
in case of a tie. Vacancies in appointive offices shall be filled
by appointment in the same manner for the unexpired term only. The
Mayor shall make nomination to fill a vacancy within 30 days after
the appointive office becomes vacant. If the Mayor fails to nominate
within 30 days or the Council fails to confirm any nomination made
by the Mayor, then after the expiration of the 30 days, the Council
shall appoint the officer.
[New]
At the annual meeting the Borough Council, by a majority vote,
shall elect from their number a President of the Council who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one year and until
the next annual meeting. He shall have the right to debate and vote
on all questions before the Council. If the Council at its annual
meetings fails to elect a President, the Mayor shall appoint the President
from the Council and in that case, no confirmation by the Council
shall be necessary. If the Mayor is absent from the Borough for a
period of three days or for any reason is unable to act, the President
of the Council shall perform all the duties of the Mayor during his
absence or inability. The Mayor, in case of his intended absence from
the Borough for more than three days at any one time, shall notify
the President in writing of his intended absence, whereupon the President
shall be and become acting mayor from the receipt of notice and continue
to act until the Mayor's return.
[1967 Code §§ 2-1 - 2-8; Ord. #75-635; Ord.
#76-660; Ord. #77-681; New]
a.
Department Created. There shall be a Department of Administration
within the government of the Borough responsible for the performance
of the duties stated in this subsection.
b.
Head of Department. The office of Administrator is hereby created
under authority of N.J.S.A. 40A:9-136, and the incumbent of such office
shall be the head of the Department for Administration and shall be
responsible for the full administration of the business affairs of
the Municipality, with all the power and authority necessary to perform
the duties commensurate therewith, including but not limited to those
hereinafter set forth but other than those expressly required by law
to be exercised by the governing body itself or by another board or
body of the Municipality.
c.
Office of Administrator.
1.
Term. The term of office of the Administrator shall be at the pleasure
of the governing body.
2.
Appointing Authority. The Administrator shall be appointed by the
Mayor with the advice and consent of the Borough Council.
3.
Qualifications of Nominee. Nominees for the office of Administrator
shall have experience in municipal government or the equivalent and
shall demonstrate knowledge of the duties assigned to such office.
5.
Expenses of Office. The Administrator shall be entitled to use a
motor vehicle of the Borough in the performance of his duties and
shall be reimbursed for all reasonable expenditures required for the
performance of his duties within the budgetary limitation approved
by the Council.
6.
Removal from Office. The incumbent of the office of Administrator
may be removed therefrom by the adoption of a Council resolution adopted
by an affirmative vote of four Councilmen. Such removal shall become
effective three months after its adoption. The resolution for such
removal may become immediately effective if on the date of adoption
all salary then due and to become due for the ensuing three calendar
months is paid.
7.
Residency. The Administrator may be a nonresident of the Borough
if in the judgment of the Mayor and Council the incumbent's particular
residence will not impair his ability to perform the duties of the
office.
8.
Substitution. Whenever the Administrator is temporarily absent, disabled
or disqualified the Mayor, with the advice and consent of the Council,
may designate some person to act in place of the Administrator during
his temporary absence, disability or disqualification.
d.
Duties and Responsibilities.
2.
Administration. The Administrator shall:
(a)
Be responsible for the operation of all departments within the
Municipality, and all supervisors shall report to him, and he shall
supervise and assign details among and with all departments and supervisors
within the Municipality, subject to supervision by the Mayor and Council.
(b)
Make recommendation to the governing body for improvements of
administration independently and as requested by the governing body,
any board or commission and at least annually on or before January
15.
(c)
Act as liaison for the governing body with all other departments,
boards, commissions and other individuals or bodies as may be necessary
under directions of the governing body.
(d)
Supervise and recommend all insurance and bonds for Borough
property, personnel and operations.
(e)
Receive, record and attempt to resolve all complaints against
the Borough and personnel, maintain records thereof and inform the
Mayor and Council in writing thereof of all complaints and their resolution.
(f)
Supervise and provide for the maintenance of all Borough property.
(g)
Attend all meetings of the Mayor and Council and provide for
the proper transcription of such proceedings.
3.
Finance. The Financial Administrator shall:
(a)
Obtain annually, on or before November 15, from all departments,
boards, commissions and agencies provided for by the Borough budget,
statements of funds required for the ensuing year.
(c)
Prepare forms of vouchers, containing certification of rendition
of services or delivery, with sufficient detail.
(d)
Secure written verification of the validity of the claims presented
by each voucher and promptly submit each voucher to the Council committee
chairman for approval.
(e)
Prepare a proper resolution for adoption by the Council directing
payment of all certified and approved vouchers at a regular meeting
and secure the submission of such resolution to the Mayor for his
written approval.
(f)
Upon approval of any voucher by resolution of the Council, approved
by the Mayor, promptly pay the same.
4.
Purchasing. The Administrator shall:
(a)
Purchase all supplies, materials and services for each department,
board, commission, agency and officer provided for by the Borough
budget.
(b)
Provide and establish procedures for written requests for purchases.
No purchase shall be approved unless submitted pursuant to such procedures.
(c)
Supervise all proposals for contracts and make recommendations
for award to the Council.
(d)
Ensure compliance of performance of all purchase contracts with
the terms and specifications thereof.
(e)
Control storage of all supplies and materials.
(f)
On or about August 1, inventory all supplies and materials and
submit a report thereof to the governing body by September 1.
5.
Employee Appointing Authority. The Administrator shall:
(a)
Have the authority to discipline employees in the classified
service other than the Chief of Police, and to recommend employment
and removal of employees in the classified service.
(b)
Make no appointment to any position of employment not provided
for in the current budget.
(c)
Conform to the obligations of the Borough as may be provided
in any contract with an employee or groups of employees.
(d)
Establish work and vacation schedules in cooperation with immediate
supervisors.
(f)
Be the hearing officer as prescribed by New Jersey Administrative
Code, Title 4, Department of Civil Service.
[1967 Code § 2-9; Ord. #77-681]
a.
Position Authorized; Duties.
1.
There is hereby authorized the employment of an Assistant Finance
Administrator, to be considered for all purposes an employee and not
an official.
2.
The Assistant Finance Administrator shall be the supervisor of the Finance Department on a part-time basis and shall spend approximately 15 hours per week in the performance of employment. Additionally, the Assistant Finance Administrator shall assist the Financial Administrator in the carrying out of all the duties and responsibilities herein before set forth in paragraph d3 and d4 of subsection 2-3.1 of this Chapter.
3.
The Assistant Finance Administrator will provide the Treasurer with
Finance Department staff when required and necessary.
(Reserved)
[Ord. #230; 1967 Code, Appendix Part XI]
a.
Position Established. It is hereby established for the Borough the
position of Deputy Borough Clerk.
b.
Duties. The Deputy Borough Clerk shall act in the place of the Borough
Clerk during such times and for such specific periods as the Borough
Clerk shall be absent or ill and in such cases have all the power
and authority possessed by the Borough Clerk. In addition thereto,
the Deputy Borough Clerk shall do and perform such other duties as
may evolve on the Deputy Borough Clerk by direction of the Borough
Clerk or by the Mayor and Council. The Deputy Borough Clerk shall
be appointed by the Mayor with the consent and approval of the Borough
Council and shall hold office for a term of one year and until a successor
has been appointed and has qualified.
[1967 Code, Appendix Part XIV; Ord. #71-505; Ord. #76-663;
Ord. #77-681]
a.
Position Established. There is hereby established for the Borough
the position of Treasurer.
b.
Duties of Treasurer. The Treasurer shall be responsible for the following:
1.
To maintain all fiscal records of the Borough, except those maintained
by the Tax Collector, including the general ledger and general journals,
and to prepare monthly reconciliations of all bank accounts under
his supervision.
2.
To receive and deposit the proceeds of the sale of bonds sold by
the Borough.
3.
To act as general custodian of all municipal funds under his control
or assigned to him.
4.
To maintain controls over all budget appropriations and to effect
a reconciliation of all such appropriations at least monthly.
5.
To see that all subsidiary and supporting accounts are maintained
in proof with the control accounts.
6.
To act as a signatory on all bank accounts assigned to him by the
Borough by resolution.
7.
To be responsible for the signing of bond anticipation notes, as
authorized, and for the signing of such checks as are required for
the disbursement of funds of the Borough in the various accounts under
his control or to which he is assigned.
8.
Prior to the execution of any checks in any of the accounts for dispersal
of funds in behalf of the Borough, or any of its utilities, to determine
that there are funds properly available in a budget for the payment
of each and every one of the bills submitted to the Borough and, for
such purpose, to review each of the vouchers to ascertain that they
have been properly executed, approved and verified prior to the drawing
of checks for the same.
9.
To be responsible to see that all funds received by him are deposited
to the proper accounts.
10.
Supervise and control expenditures of all departments, boards, commissions,
agencies and officers provided for by the Borough budget, with power
to restrict, transfer and reduce funds available thereto with consent
of the governing body.
11.
Maintain and provide statements of current balances of each budget
appropriation not later than the 11th working day of each month, for
use by the governing body and each member.
12.
Determine the funds available for each voucher submitted for payment.
c.
Term of Office. The Treasurer shall be appointed by the Mayor at
the reorganizational meeting with the consent and approval of the
Council and shall hold office for a term of one year and until a successor
has been appointed and has qualified.
[Ord. #89-181, §§ 1 - 4; Ord. No. 17-Code-753]
a.
Position Created. Pursuant to N.J.S.A. 40A:9-140.10 and Section 5
of PL 1988, C. 110, the office of Chief Financial Officer of the Borough
of Oakland is hereby created.
b.
Term of Office and Tenure. The term of the office of the Chief Financial
Officer shall be four years commencing on the first day of January
following appointment by the Governing Body. The Chief Financial Officer
shall acquire tenure in office and continue to hold office during
good behavior and efficiency in accordance with N.J.S.A. 40A:9-140.1,
et seq., as the same is from time-to-time amended.
c.
Appointment. The Borough Council shall appoint the Chief Financial
Officer who shall also be appointed the Treasurer of the Borough and
such person shall hold a Chief Financial Officer's certification at
the time of appointment or have been granted tenure pursuant to N.J.S.A.
40A:9-152.
d.
Duties. The duties of the Chief Financial Officer shall include but
not be limited to:
1.
Supervising and performing all Borough accounting.
2.
Compiling the required financial reports and statements.
3.
Preparing of budget requests as directed by the Mayor and Council.
4.
Disbursing of all funds.
5.
Auditing and recording of expense vouchers.
6.
Maintaining of essential accounting records and files.
7.
Keeping the Mayor and Council informed as to the status of all municipal
accounts and revenues.
(Reserved)
[1967 Code, Appendix Part XVIII; Ord. #71-506]
a.
Position Established. There is hereby established for the Borough
the office of Deputy Tax Collector.
b.
Duties of Deputy Tax Collector. The Deputy Tax Collector shall act
in the place of the Tax Collector during such times and during such
periods as the Tax Collector shall be absent or ill and in such cases
shall have all the power and authority possessed by the Tax Collector,
whose duties are set forth hereinafter.
c.
Duties of Tax Collector. The Tax Collector shall be responsible for
the following:
1.
Collect and receive all monies assessed or raised by taxation or
assessment or by liens and trust assessments, or for any other purpose
within the Borough.
2.
Record receipts in proper records and deposit to the account of the
Tax Collector in accordance with requirements of the statutes.
3.
Maintain a tax duplicate or other approved subsidiary records to
record and credit payments to accounts of property or individuals
against which the tax or assessment is levied.
4.
Reconcile bank accounts at close of each month, and turn over by
check to the Borough Treasurer by the 10th of the month total collections
of the prior month. Supply Treasurer with details to support turnover
checks.
5.
Conduct tax sale when required, and maintain a proper record of the
disposition of items of sale and record of liens acquired by the Municipality.
d.
Term of Office. The Deputy Tax Collector shall be appointed by the
Mayor, with the consent and approval of the Borough Council, and shall
hold office for the term of one year and until a successor has been
appointed and has qualified.
[1967 Code, Appendix Part XXII; Ord. #72-555; Ord. #76-648]
a.
Office Created. There is hereby created the office of Municipal Engineer
of the Borough.
b.
Appointment and Term. The Mayor shall appoint, with the advice and
consent of the Council, a Municipal Engineer, who shall be a person
(meaning an individual, partnership or professional corporation) licensed
as a professional engineer in the State of New Jersey, for a term
of one year commencing January 1 and terminating December 31 in each
year.
c.
Powers and Duties. The Municipal Engineer shall provide professional
engineering advice and assistance to the Mayor and Council; provide
engineering advice to the Planning Board for the review of subdivision
applications and plats, master planning studies; maintain the Borough
Official Map and Borough Zoning Map; prepare plans and specifications
for public works authorized by the Mayor and Council; and make such
field surveys as may be required therefor; make such inspections of
the work of public contractors as may be necessary or desirable; supervise
the performance of public works contracts and certify the amounts
due and payable thereunder; and provide any and all other professional
engineering advice and assistance as may be required of him by statute
or as requested of him by the Mayor and Council, whether by ordinance,
resolution or otherwise.
d.
Compensation. The Municipal Engineer shall receive fees for services
rendered by him to the Borough in accordance with the normal professional
fees charged by licensed engineers. Charges for such services shall
be paid only upon approval of a voucher submitted therefor.
e.
Residency. The Municipal Engineer shall not be required to reside
in the Borough.
[1967 Code, Appendix Part XXI; Ord. #72-554; Ord. #75-629;
Ord. #76-648]
a.
Creation of Office. There is hereby created the office of Municipal
Attorney of the Borough.
b.
Appointment and Term. The Mayor shall appoint, with the advice and
consent of the Council, the Municipal Attorney, who shall be a person
(meaning an individual, partnership or professional corporation) licensed
to practice law in the State of New Jersey, for a term of one year
commencing January 1 and terminating December 31 in each year.
c.
Powers and Duties. The Municipal Attorney shall serve as legal advisor
to the Mayor and Council; attend Council meetings and work sessions;
represent the Borough in litigation; draft ordinances and resolutions
upon request of the Mayor and Council; and render such other professional
legal services as may be required by statute or as requested by the
Mayor and Council whether by ordinance, resolution or otherwise.
d.
Compensation. The Municipal Attorney shall receive, annually, a retainer,
which retainer shall include the attendance at official meetings of
the Mayor and Council and at work sessions in preparation for such
meetings. In addition to the retainer, the Municipal Attorney shall
receive fees for services rendered by him to the Borough in accordance
with the normal professional fees charged by attorneys-at-law and
as authorized by resolution of the governing body. Charges for such
additional services shall be paid only upon approval of a voucher
submitted therefor.
e.
Residency. The Municipal Attorney shall not be required to reside
in the Borough.
[Ord. #168; 1967 Code, Appendix Part XIII, § 1]
There is hereby established within the Borough a court to be
known as the "Municipal Court of the Borough of Oakland", pursuant
to and in accordance with the provisions of N.J.S.A. 2A:8-1 et seq.,
Laws of 1948, Chapter 264, as amended and supplemented by the Laws
of 1948, Chapter 394, and any amendments and supplements thereto.
[New]
The Mayor shall appoint, with the advice and consent of the
Council, the Municipal Court Judge, pursuant to and in accordance
with the provisions of N.J.S.A. 2A:8-5. The Municipal Court Judge
shall receive compensation for such service in accordance with the
Salary Ordinance of the Borough.
[Ord. #168; 1967 Code, Appendix Part XIII, § 2;
Ord. #76-649]
The position of Municipal Court Clerk is established and the
incumbent thereof shall be paid in accordance with the annual Salary
Ordinance of the Borough.
[Ord. #168; 1967 Code Appendix Part XIII, § 3;
Ord. #76-649]
The Borough employee designated as Violations Bureau Clerk shall
receive compensation for such services in accordance with the annual
Salary Ordinance of the Borough.
[1967 Code, Appendix Part XIII, § 4; Ord. #76-649;
New]
a.
Establishment of Office. The Office of Prosecutor for the Municipal
Court is hereby established.
b.
Appointment. An appointee to the Office of Prosecutor shall be an
attorney-at-law of New Jersey and shall not be required to reside
in the Borough.
c.
Term. The term of office of the person appointed Prosecutor shall
be one year commencing January 1, and he may hold over until his successor
is qualified. Any appointee for the office as a result of a vacancy
shall be appointed for the balance of the unexpired term.
d.
The Prosecutor shall be paid in accordance with the Salary Ordinance
of the Borough.
[1967 Code §§ 25-1 - 25-3; Ord. #76-662]
a.
Creation of Office. There is hereby created the office of Public
Defender for the Municipal Court.
b.
Appointment; Term. The Mayor may appoint, with the advice and consent
of the Council, an attorney-at-law of New Jersey as Public Defender
assigned to the Municipal Court. The term of the Public Defender shall
be at the pleasure of the Council and, unless sooner removed, shall
hold office for one year commencing January 1 and until his successor
shall be appointed and qualify. A vacancy shall be filled for the
balance of the unexpired one-year term.
c.
Responsibilities. The Judge of the Municipal Court shall assign the
Public Defender to represent indigent persons before the Court.
[Ord. #94-287, § 1; Ord. #06-Code-543, § 1]
a.
In order to obtain the services of the Public Defender, an application
must be filed with the Municipal Court on a form to be provided by
the Borough. The Municipal Court Judge shall make a decision as to
whether a defendant is indigent after reviewing each defendant's application.
This determination shall be based upon whether the defendant has the
present financial ability to secure competent legal representation
and to provide all other necessary expenses of representation.
b.
The Municipal Court Judge shall assess an application fee of $200
from each defendant who makes an application for the services of the
Public Defender. This fee shall be due regardless of whether the applicant
is found to require the services of the Public Defender; however,
the Municipal Court Judge may waive this fee, in whole or in part,
if the Judge determines, in his or her discretion, that this application
fee represents an unreasonable burden on said defendant.
c.
The defendant's inability to pay the application fee shall in no
way affect or reduce the rendering of services to him. In the case
of a defendant who is unable or unwilling to pay the application fee
and for whom the fee was not waived, then the fee shall become a lien
and the Borough may collect the fee consistent with N.J.S.A. 40:6A-1,
N.J.S.A. 2A:158A-19 or in any manner as permitted by law.
[Ord. No. 15-Code-712 amended
Section 2-5 in entirety. Source history includes Ord. Nos. 90-Code-220;
99-Code-373; 00-Code-390; 02-Code-439; 03-Code-450; 03-Code-460; 05-Code-516;
06-Code-535]
[Ord. No. 15-Code-712; Ord. No. 17-Code-758]
There is hereby created and established in and for the Borough
of Oakland, in the County of Bergen and State of New Jersey, a Police
Department, which shall be known and designated as the Oakland Police
Department.
[Ord. No. 15-Code-712; Ord. No. 17-Code-758; 9-14-2022 by Ord. No. 22-Code-890]
a.
A Police Department is hereby established for the Borough. The officers
of the Police Department shall consist of the following positions:
1.
A Chief;
2.
One Captain;
3.
Two Lieutenants;
4.
Six Sergeants;
5.
Twenty-one patrolmen.
6.
Class Three Special Law Enforcement Officers (SLEO III) who are retired
regular police officers and who may from time-to-time be appointed
to serve at the pleasure of the Governing Body for a term not to exceed
one year, which officers shall not be members of the regular police
force, but shall nevertheless be under the control and supervision
of the Chief of Police for use solely as school security officers
as detailed in N.J.S.A. 40A:14-146.10, et seq., as necessary.
b.
In addition, the Police Department may employ clerical personnel
and other employees to assist its officers in preserving peace and
good order in the Borough.
c.
The positions set forth herein are intended to be a maximum number
of positions. Nothing contained in this section shall require the
Governing Body to fill each position to the maximum, as same shall
be left to the sole discretion of the Governing Body.
[Ord. No. 15-Code-712]
In accordance with N.J.S.A. 40A:14-118, the Borough Administrator
is hereby designated as the Appropriate Authority and is hereby vested
with the powers and duties of an Appropriate Authority as delegated
by law.
[Ord. No. 15-Code-712]
The Borough shall appoint a Chief of Police in accordance with
N.J.S.A. 40A:14-118 and who shall be directly responsible to the Borough
Administrator as the Appropriate Authority for the efficiency and
routine day-to-day operations of the Police Department. The Chief
of Police shall pursuant to any policies established by the Borough
Council consistent with Borough 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 of
the Police Department.
c.
Prescribe the duties and assignments of all subordinates and other
personnel.
d.
Delegate such authority, as he may deem necessary for the efficient
operation of the Police Department to be exercised under his direction
and supervision.
e.
Report to the Appropriate Authority in such form as shall be prescribed
by the Appropriate Authority on the operation of the department, and
make such other reports as requested by the Appropriate Authority.
[Ord. No. 15-Code-712]
The Oakland 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 the Borough of Oakland;
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.
[Ord. No. 15-Code-712]
No person shall be appointed to the Police Department who is
not qualified as provided in New Jersey Statutes and Regulations.
The selection criteria for a police officer shall be established in
Department policy consistent with New Jersey Statutes and Regulations.
[Ord. No. 15-Code-712]
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. Said
rules and regulations may fix and provide for the enforcement of such
rules and regulations and the enforcement of penalties for the violation
of such rules and regulations. All employees of the Police Department
shall be subject to such rules and regulations and penalties.
[Ord. No. 15-Code-712]
The duties and responsibilities of the members of the Oakland
Police Department shall be those set forth by law, ordinances, rules
and regulations and the Department's Written Directive System established
by the Chief of Police.
[Ord. No. 15-Code-712]
Discipline of employees and police officers will be imposed
consistent with New Jersey State Statutes and Regulations and the
Rules and Regulations of the Oakland Police Department. The written
charges will be proffered by the Chief of Police or designee as provided
in the New Jersey Statutes, Regulations and the Rules and Regulations
of the Oakland Police Department. Police officers, special police
officers, and employees may also be subject to discipline for violating
other statutes, ordinances, and/or policies.
[Ord. No. 15-Code-712; 8-16-2023 by Ord. No. 23-Code-922]
Authority and Purpose. The Borough of Oakland may establish
Special Police Officers pursuant to and in compliance with the Special
Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.).
a.
Classifications: Powers and Duties. The classification of special
law enforcement officers shall be based upon the duties to be performed
by said officers and are established as follows:
1.
Class 1.
(a)
The officers of this class are authorized to perform routine
traffic detail, spectator control and similar duties as may be assigned,
by the Chief of Police or, in the absence of the Chief, another law
enforcement officer in a supervisory capacity to act in his stead.
Said Class 1 Officers are also authorized to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the Revised Statutes of New
Jersey. The use of firearms by said Class 1 Officers is strictly prohibited,
and no Class 1 Officer shall be assigned any duties which may require
the carrying or use of a firearm.
(b)
The number of Class 1 Special Officers shall be at the discretion
of the Borough Council. Before any special law enforcement officer
is appointed, the Chief of Police or his designee shall ascertain
the eligibility and qualifications of the applicant and report these
determinations in writing to the Borough Council.
2.
Class III.
(a)
The officers of this class are authorized to exercise full powers
and duties similar to those of a permanent, regularly appointed, full-time
police officer only while providing security at a public or nonpublic
school, on the school premises, during hours when the public or nonpublic
school is normally in session, when it is occupied by public or nonpublic
school students, teachers, or staff, or when in fresh pursuit of any
person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes
or when authorized to perform duties in another unit pursuant to a
mutual aid agreement enacted in accordance with § 1 of P.L.
1976, c. 45.
b.
Appointments: Terms. Special Officers, Class 1 and Class III shall
be appointed for a term not to exceed one year by the Borough Council,
and the appointment may be revoked by the Borough Council for cause
after hearing, as required by N.J.S.A. 40A:14-147. The powers and
duties of Special Officers shall cease upon expiration of the term
for which they are appointed. Special Officers so appointed shall
not be members of the Police Department of the Borough of Oakland
or any other Police Department in the State of New Jersey or elsewhere.
c.
Qualification: Investigation.
1.
No person may be appointed as a Special Law Enforcement Officer Class
1 or Class III unless the person:
(a)
Is a resident of this State during the term of employment.
(b)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its equivalent.
(c)
Is sound in body and of good health.
(d)
Is of good moral character.
(e)
Has not been convicted of any offense involving dishonesty or
which would make him unfit to perform the duties of his office.
(f)
Has successfully undergone the same psychological testing that
is required of all full-time police officers in the Borough of Oakland.
2.
The Chief of Police shall have the applicant fingerprinted as required
by statute, conduct a background investigation of the applicant to
determine the eligibility and qualifications of the applicant and
shall report these determinations, in writing, to the Mayor and Council
of the Borough of Oakland.
d.
Training. No person shall commence serving as a Special Officer unless
he has been certified by the Police Training Commission, as provided
by N.J.S.A. 40A:14-146.10. Additionally, Class III officers must complete
SRO training within 12 months of being appointed and conform to the
Attorney General's mandatory in-service training requirements.
e.
Hours. No Special Officer, Class 1 may work more than 20 hours per
week, except during period of emergency.
f.
Supplemental.
1.
Special Police Officers shall not be utilized to supplant regular
police officers.
2.
Special Police Officers are subject to the personnel policies of
the Borough of Oakland.
3.
Special Police Officers are subject to the Oakland Police Department's
Written Directive System, where applicable.
4.
Compensation for Special Officers shall be established by the Borough
Council annually. Compensation for Class III officers shall be paid
by the Oakland Board of Education pursuant to the shared services
agreement executed by the Board and the Borough.
[Added 11-13-2019 by Ord.
No. 19-Code-796]
Police officers may work for outside persons or entities on
their off-duty hours with the approval of and provided the Chief of
Police determines, in his discretion, that there are sufficient police
personnel available, that the outside employment assignment will not
interfere with the needs of the Borough, and that sufficient funds
have been deposited in an escrow account with the Borough Chief Financial
Officer to cover the anticipated costs of such off-duty assignments.
Such work shall hereinafter be referred to as "off-duty police services"
or "off-duty employment."
Any person, entity, contractor or utility wishing to employ
an off-duty police officer must apply to the Chief of Police, or his
designee, requesting off-duty police services. The written application
shall include the following information:
a.
The dates that off-duty police services will be needed.
b.
The nature of the off-duty police services requested.
c.
An estimate of the number of off-duty police officer(s), and an estimate of the number of hours the person or entity anticipates needing such police officer(s). The Chief of Police, or his designee, based upon the application, will ultimately determine the number of police officer(s) and number of hours of officers needed for each application subject to § 2-5A.3.
a.
The funds
to cover the cost of off-duty police services and use of any Borough
vehicles, based on the estimated number of officers and hours as determined
by the Chief of Police, or his designee, shall be submitted to the
Chief of Police, or his designee, which shall be forwarded to the
Borough's Chief Financial Officer, or his designee, before the start
of any off-duty employment in accordance with State and Division of
Local Government Services regulations. An escrow account shall be
established for funds dedicated to the payment of off-duty police
officers for outside employment by private persons or entities. The
person, entity, contractor or utility shall deposit an amount sufficient
to cover the rates of compensation and administrative fees set forth
herein for the total estimated hours of service. All funds received
for off-duty police services shall be deposited and kept in this account.
All payments to the police officers for such services shall be made
from the funds in this account.
b.
In the event the funds in such escrow account should become depleted,
the Chief of Police, or his designee, shall immediately notify the
responsible person or entity that the funds in the escrow account
are insufficient to pay for continued off-duty police services. The
person, entity, contractor or utility shall then either replenish
the escrow account with an amount sufficient to pay for continued
services or the Chief of Police, or his designee, shall immediately
terminate provision of the off-duty police services, unless the Chief
of Police or his designee determines such termination would be a danger
to the safety and welfare of the public.
c.
If the estimated costs deposited in the escrow account exceed the
actual costs incurred, then the Borough shall, upon proper notice
to the Borough Chief Financial Officer, and certification from the
Chief of Police, or his designee, that the project is completed and
no further police services are needed, refund the remainder of the
escrow account.
[Amended 10-12-2022 by Ord. No. 22-Code-894]
a.
Any off-duty police officer hired for outside employment shall be
compensated pursuant to the "overtime" provision of the current PBA
collective bargaining agreement for the police officer performing
the off-duty work.
b.
The person, entity, contractor or utility requesting such off-duty employment shall also be responsible for payment of an administrative fee to the Borough as established by ordinance. The current administrative fee for outside employment is established at 20% of the hourly pay rate. This fee is in addition to the cost per officer set forth in Subsection a.
c.
Any off-duty police officer hired for outside employment shall be
paid a minimum pursuant to the current PBA collective bargaining agreement
regardless of the actual amount of time worked.
d.
Any person, entity, contractor or utility who commits to hiring a
police officer or officers and cancels or reschedules the work within
two hours of the time scheduled to commence the work shall be required
to pay the officer(s) through the Borough of Oakland for the minimum
number of hours pursuant to the current PBA collective bargaining
agreement.
e.
Rate per day for use of police vehicle: $ 100.
f.
Any officer performing such details pursuant to this section shall
be deemed on duty and in the employ of the Borough.
g.
The person, entity, contractor or utility requesting such off-duty
employment shall assume any and all liability arising from such off-duty
police employment, including but not limited to liability arising
from travel to and from job locations and services rendered during
the off-duty employment. The person, entity, contractor or utility
requesting such off-duty employment must sign, in advance, a hold
harmless and indemnification agreement stating that such person or
entity will release, defend and indemnify the police officer so employed,
the Chief of Police, the Borough of Oakland Police Department, the
Borough of Oakland, and any agent, officer or employee thereof, and
save them harmless from and against any and all claims, actions, damages,
liabilities, and expenses, including but not limited to court costs
and reasonable attorney's fees, in connection with such off-duty employment.
h.
Prior to the commencement of any off-duty employment, the person,
entity, contractor or utility requesting such off-duty employment
shall deliver to the Borough a certificate of insurance evidencing
general liability coverage in an amount of at least $1,000,000 per
occurrence, and workers' compensation with statutory limits, which
shall be reasonably satisfactory to the Borough. The certificate of
insurance must name the Borough of Oakland as additional insured.
All policies of insurance evidenced by any certificate filed hereunder
shall be maintained in full force and effect during the term of the
outside employment. Upon any change or renewal, a new certificate
must be filed with the Borough.
[Ord. #65-146A-413; 1967 Code § 39-1]
The Fire Department of the Borough shall consist of the following
volunteer fire companies: Oakland Volunteer Fire Company No. 1 and
Oakland Volunteer Fire Company No. 2 and such other companies as may
hereafter be organized under the authority and jurisdiction of the
Mayor and Council of the Borough.
[Ord. #65-146A-413; 1967 Code § 39-3; Ord. #04-Code-470,
§ I]
The Mayor and Council shall have full charge and control over
the Fire Department, and title to all the fire equipment shall vest
in the Borough. No fire apparatus shall be taken outside the limits
of the Borough except in the event of an emergency or actual fire
call unless otherwise authorized by the Fire Chief or designee. The
Chief of the Fire Department, who shall be elected as hereinafter
provided, shall have control over the operations of the Fire Department
and fire equipment subject only to the control of the Mayor and Council,
and he/she shall be responsible for the maintenance, care and proper
condition of all equipment and the management of the Fire Department.
[Ord. #65-146A-413; 1967 Code § 39-4; Ord. #82-953;
Ord. #06-Code-540, § 1]
The membership of the Oakland Volunteer Fire Department shall
consist of 80 members who are active, active-exempt and overage members
and 20 junior members.
[Ord. #65-146A-413; 1967 Code § 39-5; Ord. #68-469;
Ord. #70-515; Ord. #72-570; Ord. #77-700]
In order to qualify for membership in the Fire Department, a
person shall at the time of his appointment be not less than 18 nor
more than 50 years of age, a citizen of the United States and, except
as hereinafter provided, a resident of the Borough for at least six
months. Persons who previously were firemen either in other municipalities
within the State of New Jersey or without the State of New Jersey
may obtain a waiver of the six months' waiting period, provided that
such person presents a letter of recommendation from the department
of which he was previously a member. Members must be physically fit
to perform the duties of a fireman, and every applicant shall produce
evidence of his fitness in the form of a certificate to that effect,
made by a licensed, practicing physician of the State of New Jersey,
after physical examination by such physician.
[Ord. #65-146A-413; 1967 Code § 39-6; Ord. #85-47,
§§ 1 and 2; Ord. #05-Code-496, §§ II,
III]
a.
Every person seeking to join the Fire Department shall make application
to a company. Prospective members shall be subject to approval by
2/3 of the members present and voting at a monthly company meeting
and confirmation thereafter by the Mayor and Council. Immediately
after confirmation by the Mayor and Council, such applicant shall
become a probationary member in good standing and his name shall be
entered on the roll of firemen kept by the Borough Clerk. After a
six month probationary period, the officers of the company in which
such new member seeks membership shall review his record and determine
whether he has complied with the standards established by the rules
and regulations of the Fire Department. After such review, the member
shall be entitled to all the rights and privileges of a fireman unless
the company officers determine such standards have not been complied
with, in which event the fireman shall be dismissed. Any member of
the Fire Department who shall move his residence from the Borough
shall remain a member provided that his residence is within five miles
as measured from the perimeter of the Borough and subject to the approval
of the Board of Governors.
[Ord. #06-Code-540, § II]
a.
Qualifications. Notwithstanding anything to the contrary, in order
to qualify for junior membership in the Oakland Volunteer Fire Department,
a person shall at the time of his/her appointment be not less than
16 nor more than 18 years of age, a citizen of the United States and
a resident of the Borough of Oakland. Members must be physically fit
to perform the duties of a junior firefighter, and every applicant
shall produce evidence of his/her fitness in the form of a certificate
to that effect, made by a licensed, practicing physician of the State
of New Jersey, after physical examination by such physician.
b.
Application for Junior Membership. Every person seeking to join as
a junior firefighter shall make application to the Fire Department.
Prospective junior members shall be subject to approval by 2/3 of
the members present and voting at a monthly Fire Department meeting
and confirmation thereafter by the Mayor and Council. Immediately
after confirmation by the Mayor and Council, such applicant shall
become a junior member in good standing and his/her name shall be
entered on the roll of junior firefighters kept by the Borough Clerk.
Once confirmed by the Fire Department and Mayor and Council, junior
firefighters will fall under the direction of the Chief, or his/her
designee. Junior firefighters shall follow all by-laws, rules and
regulations of the Oakland Volunteer Fire Department. Upon turning
18, a junior firefighter will be elevated to the rank of Probationary
Firefighter.
c.
Benefits Not to Accrue. There shall be no accrual or obtainment of
any benefits including, but not limited to, LOSAP benefits, during
the period of junior membership.
[Ord. #65-146A-413; 1967 Code § 39-7]
The officers of the Fire Department shall consist of a Chief,
Secretary and such other officers as the Mayor and Council may provide
for by resolution. The Fire Chief shall be responsible to the Mayor
and Council for the training and efficient operation of the Department,
and the Secretary shall be responsible for keeping or causing to be
kept accurate records of the meetings of the Department. The Chief
shall keep or cause to be kept an accurate inventory record of all
equipment and property of the Department and he shall report monthly
to the Mayor and Council regarding the activities and general condition
of the Department, including such suggestions or recommendations as
may be proper and necessary. Reports made to the Fire Commissioner
shall constitute report to the Mayor and Council.
[Ord. #65-146A-413; 1967 Code § 39-8; Ord. #73-587;
Ord. #92-265, § 1]
The term of the Chief of the Fire Department shall be a one-year
term and the Chief shall be elected by the Fire Department members
qualified to vote. The incumbent Chief may run twice for re-election
and succeed himself each time for a one-year term, and the total term
of office for the Chief shall not exceed three consecutive years;
provided, however, that nothing herein shall affect any tenure rights
afforded by the New Jersey statutes. The Secretary of the Fire Department
shall be elected at the annual Fire Department meeting in December
of each year for a one-year term and may succeed himself for an unlimited
number of one-year terms. Upon confirmation thereafter by the Mayor
and Council, the Chief and the Secretary shall assume office commencing
on January 1 after their election.
[Ord. #65-146A-413; 1967 Code § 39-9; Ord. #05-Code-496,
§ I]
The Assistant Chiefs of each company shall be nominated and
elected annually by their respective company.
The company of which the Department Chief is a member shall
annually elect a Second Assistant Chief, a Captain and two Lieutenants.
The company of which the Department Chief is not a member shall annually
elect a First Assistant Chief, a Captain and two Lieutenants.
[Ord. #65-146A-413; 1967 Code § 39-10]
The Board of Governors shall consist of all company officers
and Fire Department officers and one elected fireman from each company.
The Fire Department Secretary shall act as Recording Secretary at
all Board meetings with no voice or vote at such meetings. A majority
of such Board shall constitute a quorum for the transaction of business
and no resolution or order of the Board shall be adopted unless with
the consent of a majority of all the members thereof. They shall have
power to meet on their own appointment or whenever the Chief shall
call a meeting. They may, subject to approval thereof by the Mayor
and Council, adopt such rules and regulations as they may deem advisable
for their own government and for the government of the members of
the Department, provided the rules and laws are not inconsistent with
the laws of the State or the ordinances of the Borough, and the members
of the Department are hereby made subject to such rules and bylaws.
[Ord. #65-146A-413; 1967 Code § 39-11]
In accordance with N.J.S.A. 40:47-52 to 40:47-59 the Borough
Clerk shall keep a true and complete list of the active volunteer
firemen of the Borough.
[Ord. #65-146A-413; 1967 Code § 39-12]
The election of officers shall be confirmed by the Mayor and
Council not later than the first regular meeting of the Mayor and
Council following the election of the respective officers.
[Ord. #65-146A-413; 1967 Code § 39-13]
Charges warranting suspension or dismissal must be presented
in writing against any member of the Department. The charges shall
be presented to the Board of Governors. Any charges preferred against
the Chief of the Fire Department must be presented in writing to the
Chairman of the Fire Committee of the Council and the Board of Governors.
Any member who has been expelled from any company, and whose expulsion
has been confirmed by the Board of Governors, shall not be allowed
to join any other company unless he shall have been reinstated by
the company from which he was expelled and again confirmed by the
Mayor and Council, but every person after being expelled by any company
shall be entitled to a hearing before the Fire Committee of the Council,
provided he shall serve a notice of appeal by mail or otherwise on
the Chief of the Department within seven days after receiving notice
of such expulsion. Charges against any member of the Fire Department
shall follow procedures as outlined in the bylaws of the Fire Department.
In case of dismissal, the names shall be sent to the Mayor and Council
and their names shall be removed from the roll of the Fire Department.
A man completing seven years of service, during which a 60% attendance
average has been maintained and who complies with the provisions of
N.J.S.A. 40:47-53, as amended, shall be classified as a Borough Exempt
Fireman and awarded a suitable certificate as to such accomplishment.
Such member shall be entitled to all such privileges that do not conflict
with the State Rules.
[Ord. #65-146A-413; 1967 Code § 39-14]
The Chief shall have the right to utilize any equipment, property
or personnel of the Fire Department that he deems necessary for the
handling of any fire emergency, drill or outside aid. In addition
he shall formulate or cause to be formulated rules or regulations
pertaining to signals of alarm, testing of alarm and procedure for
answering alarms, and regulations necessary for the efficient operation
of the Department. He may also order detachment of officers and members
between the various fire companies with the approval of the members
and companies affected and subject to approval by the Mayor and Council.
[Ord. #65-146A-413; 1967 Code § 39-15]
The membership of the Fire Department may adopt a constitution
and bylaws not inconsistent with the terms and provisions of this
section and subject to approval by the Mayor and Council. Prior to
adoption of the rules and regulations for the Fire Department, referred
to above, the Chief shall present the same to the Mayor and Council
for approval. Copies of any duly adopted constitution, bylaws or rules
and regulations shall be filed with the Borough Clerk. All amendments
to the above shall be approved by the Mayor and Council and filed
with the Borough Clerk.
[Ord. #65-146A-413; 1967 Code § 39-16]
In the event of death, resignation or other disability of any
company officer or Fire Department officer, the chain of command will
move up to fill the unexpired vacancy. The company without a Lieutenant
shall nominate and elect the officer. All replacements shall serve
only for the unexpired terms of their predecessors.
[Ord. #65-146A-413; 1967 Code § 39-17]
In the absence of a chief officer at a fire, the first company
officer shall assume command until the arrival of the Chief or any
senior officer. In the absence of officers the first ex-officer shall
assume command until the arrival of an officer. In the absence of
an ex-officer, the first senior man other than the driver shall assume
command until the arrival of an officer. The Chief, officer or fireman
in command at any fire shall have full and complete police authority
and is hereby authorized and directed to require and secure the removal
of any and all obstructions from in front of and around the danger
zone and is hereby authorized to call upon the head of any municipal
department for aid and assistance.
[Ord. #65-146A-413; 1967 Code § 39-18; Ord. #73-587;
Ord. #05-Code-496, § IV]
The following Fire department officers and members shall perform
the following administrative duties and receive the salaries set forth
in the annual Salary Ordinance of the Borough.
a.
Chief. It shall be the administrative responsibility of the Chief
of the Oakland Volunteer Fire Department to control the operation
of the Volunteer Fire Department; to supervise the performance of
all administrative duties by other officers and members; to review
or have reviewed at his direction all plans for new construction in
the Borough as the same may relate to fire safety and make recommendations
concerning the same; to determine the needs of the Volunteer Fire
Department and, within the limitations of the budget, see that the
necessary equipment is purchased; see that proper reports are submitted
to insurance companies relating to fires within the Borough; make
inspections of hazardous conditions with the Chief of the Fire Prevention
Bureau; make out monthly reports to the Fire Commissioner relating
to the activities of the Volunteer Fire Department, including reports
on fires, training and inspections of buildings which are open to
the public; and perform such other functions as may be assigned by
the Fire Commissioner as special problems arise.
b.
First Assistant Chief. It shall be the administrative responsibility
of the First Assistant Chief of the Volunteer Fire Department to perform
the administrative duties of the Chief in his absence or illness;
supervise the maintenance and care of the fire houses to ensure that
they are kept in good repair and condition at all times; report to
the Chief any damage or malfunctions in fire equipment; make out monthly
reports of fires; and make out monthly reports to the Chief relating
to the need for repair or replacement of fire equipment.
c.
Second Assistant Chief. It shall be the administrative responsibility
of the Second Assistant Chief of the Volunteer Fire Department to
perform the administrative duties of the First Assistant Chief in
his absence or illness; supervise the maintenance and care of the
fire houses to ensure that they are kept in good repair and condition
at all times; report to the First Assistant Chief any damage or malfunctions
in fire equipment; make out monthly reports of fires; and make out
monthly reports to the First Assistant Chief relating to the need
for repair or replacement of fire equipment. In the event of the absence
or illness of the First Assistant Chief and the Chief, it shall be
the duty of the Second Assistant Chief to perform the duties of the
Chief of the Volunteer Fire Department.
d.
Captain. It shall be the administrative responsibility of the Captain
of the Volunteer Fire Department to check all fire reports sheets
for detail and accuracy; supervise drills and coordinate the training
of firemen; supervise men on the fire truck assigned to him; prepare
fire reports on the fire houses assigned to him, indicating percentages
of men in attendance at fires and drills as the basis for the filing
of an annual report to the State Fire Association.
e.
Lieutenants. It shall be the administrative responsibility of the
Lieutenant of the Volunteer Fire Department to supervise the firemen
on the truck assigned to him; check the condition of the equipment
used on the fire truck assigned to him; ensure that the fire truck
assigned to him is in proper operating condition at all times; and
make out necessary reports to the Assistant Chief of his company on
the condition of hoses, tools and other fire equipment.
f.
Engineers. Both the Chief Engineer and Assistant Engineer shall be
responsible for the general maintenance and repair of all fire trucks
to ensure that they are kept in good running condition at all times;
for the making of minor repairs on such fire equipment; for the repair
of tools, hose couplings and other related equipment; for the lubrication
of all fire trucks and changing of oil as required.
g.
Inspectors in the Bureau of Fire Prevention. It shall be the administrative
responsibility of the Inspectors in the Bureau of Fire Prevention
of the Volunteer Fire Department to make inspections of the premises
of all buildings and submit reports as required in subsection 11-2.9
of this Code.
[Ord. #62-0-359; 1967 Code, Appendix Part VI; Ord. #74-622]
a.
Pension to Be Paid. A pension shall be paid by the Borough to the
widow or minor children of a volunteer fireman who shall die as a
result of injuries sustained in the course of performance of duty
as a member of a Volunteer Fire Department of the Borough.
b.
Amount Paid. No such pension shall exceed the sum of $5,000 annually
and shall be paid to the widow, during her widowhood, or to the minor
child or children of such fireman, if he leaves no widow surviving
him, or to such minor child or children after the death of such widow.
c.
Budget Provision. The Mayor and Council shall make provision in each
annual budget for the payment of any such pension and the same shall
be paid in the same manner as municipal employees are paid.
d.
Statutory Authority. This subsection is enacted pursuant to Revised
Statutes 43:12-28.1 et seq., as amended.
[Ord. #00-Code-393, § I]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the volunteer fire fighting/first aid organization for their loyal,
diligent, and devoted services to the residents of the Borough of
Oakland.
[Ord. #00-Code-393, § II]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Borough of Oakland pursuant
to P.L. 1997, c. 388; and that such plan shall be administered in
accordance with the laws of the State of New Jersey, the U. S. Internal
Revenue Code, and this section.
[Ord. #00-Code-393, § III; Ord. #09-Code-603, § I;
Ord. #10-Code-629, § I]
Each active volunteer member shall be credited with points for
volunteer services provided to the volunteer fire company/first aid
organization in accordance with the following schedule:
a.
Oakland First Aid Squad.
1.
Each member must accrue the full 110 service points in the duty category
each year. As per the by-laws of the John Robert Walker Oakland First
Aid Squad, the maximum membership of the squad will be no more than
50 members.
2.
Each member fulfilling his or her assigned duty requirements each
week will earn one point for every six hours of duty time. Should
that member, in turn, require a cover of his/her shift, then the member
covering shall earn three points for covering that shift, and the
person being covered will receive no points for that shift.
3.
Meetings. Attendance at meetings each month is worth one point for
each business meeting, and one point for each officer attending an
officer's meeting. Every member shall sign in at the beginning of
each meeting (excuses do not count for LOSAP).
4.
Training. Attendance at meetings is worth one point for each training
meeting attended. Each member shall sign in at the beginning of each
meeting. The total amount of points available is undetermined, since
the training meetings may be expanded upon each year due to the needs
of the squad. Further, any EMT, paramedic or first responder who completes
the core requirements shall earn eight points at the time of recertification.
5.
Special Details. One point per hour will be awarded for assigned
special details as announced at business meetings or via plectron
message. The total amount of points available is undetermined, due
to the unknown nature of these special details.
6.
Second Rig/Call Ins/Member at Scene. Three points will be awarded
for each call taken for a second ambulance call, for a call in which
there is not a duty crew and the member is responding as an additional
member, or when a member commits for an extra six-hour shift. Members
at the scene who are not part of the crew shall receive one point.
7.
Standbys. For every hour in which a member commits time to standing
by at any given function, they will be awarded one point per hour.
The total amount of points available is undetermined due to the unknown
quantity of time involved.
8.
List of service points.
(a)
The Senior Lieutenant will be in charge of all record keeping.
At the end of each month, a list will be posted showing the total
number of service points that a member has earned to date. Every three
months, an individual listing of service points in each category will
be distributed on a confidential basis to each member participating
in the program. In this way, a member will be able to monitor their
earned points in the categories in which they have been earned each
year.
(b)
The following officers will provide the following information
to the Senior Lieutenant:
(1)
The Membership Committee will keep accurate records of attendance
at meetings and squad sanctioned functions.
(2)
The Roster Lieutenant and designee will keep accurate records
of duty hours and they shall be turned over to the Senior Lieutenant
for posting at the end of each month.
(3)
The Training Officer, or designee, will keep accurate records
of training and drills and they will be turned over to the Senior
Lieutenant for posting at the end of each month.
(c)
At the end of the quarter, a list of points earned yearly for
those who have successfully met the LOSAP criteria will be submitted
to the governing agency. After submission to a review by the governing
agency, the list will be returned to the squad for posting for a period
of 30 days for review by the membership. At that time, any member
who has questions regarding his or her participation in the program
may address them to the administration.
9.
Committees. All members who are part of committees for a full year
(with the exception of the membership committee), shall receive five
points. The members of the membership committee, at the end of a full-year
term, shall receive 10 points.
b.
Oakland Volunteer Fire Department. Each member must accrue 140 service
points per year.
1.
Each member must accrue the full 140 service points in the duty category. As per subsection 2-6.3, the membership of the Department shall consist of 55 members who are active, active exempt and overage members of the Oakland Fire Company No. 1 and 25 members who are active, active exempt and overage members of Oakland Volunteer Fire Co. #2.
2.
Fire Department Responses. 50 points maximum, 10 points minimum.
Points are credited based upon the following schedule of percent attendance
at Fire Department responses to which a volunteer firefighter's company
has been dispatched: 50% attendance - 50 points; 40% attendance -
40 points; 30% attendance - 30 points; 20% attendance - 20 points;
10% attendance - 10 points.
3.
Drills. 60 points maximum, 30 points minimum. Points are credited
for participation in Fire Company, Fire Department, Mutual Aid and
Special Drills: two points per drill; minimum two-hour drill.
4.
Training. 50 points maximum - points are credited for certified Firematic
training courses upon receipt of certification of completion, including
all mandated training courses:
5.
Holder of an Elected Specified Position - 40 points maximum; points
are credited for completion of a one-year term in an elected position.
Only one position can be credited per year: Fire Department: Department
Chief - 40 points; Assistant Chief - 30 points; Fire Department Secretary
- 30 points; Captain - 20 points; Lieutenant - 20 points; Ex-Department
Chief - 20 points; and Rescue Captain - 10 points. Association positions:
Association President - 40 points; Association Vice President - 20
points; Association Secretary - 30 points; Association Treasurer -
30 points. Company positions: Company President - 10 points; Company
Vice President - five points; Company Secretary - five points; Company
Treasurer - five points. Any person elected to dual positions within
the Department shall only be eligible to collect points of the highest
position.
6.
Fire Company Activities - 40 point maximum; 10 point minimum will
be credited for participation in the following positions and/or activities.
Points are credited for completion of a one-year term in an elected
or appointed position. Committee Members - five points. Attendance
at Company meetings and Committee meetings: two points per meeting,
10 point maximum.
7.
Department Meetings. 40 points maximum, 16 points minimum; points
will be credited for attendance at regular Fire Company and Association
meetings: two points per meeting with a minimum of eight meetings
to qualify for any points.
8.
Standby or Sleep-In. 20 points maximum. Standby is defined as line
of duty activity of the Volunteer Fire Company: two points per hours
of standby or sleep-in.
9.
Miscellaneous Activities. 50 points maximum; 25 points minimum. Points
will be credited for participation in the following activities which
are deemed official Fire Department activities by the Board of Firematic
Officers: two points per occurrence for each of the following activities
with a two-hour duration: Work details, regularly scheduled clean
ups, preventative maintenance of trucks and equipment, fire prevention
activities, fund raising activities, wakes and memorial services,
Firematic competitions, committee meetings (maximum of four meetings
per committee per person), clean up and inspections of apparatus,
Board of Governor meetings, Mutual Aid meetings.
10.
Years of Service. One point for every year of service with the Oakland
Volunteer Fire Department.
11.
No award will be made to any individual member who has not completed
the legal requirements as established by the Borough of Oakland Fire
Department ordinances.
[Ord. #00-Code-393, § IV]
Five years of service are required for vesting.
a.
Any volunteer firefighter or first aid squad member who has already
successfully completed five years or more of service in Oakland as
an active member, in good standing will become vested at the onset
of the program.
b.
Any member who has successfully completed four years of service in
Oakland as an active member, in good standing prior to the instituting
of the LOSAP will become vested after one additional year of service.
c.
Any member who has successfully completed three years of service
in Oakland as an active member, in good standing prior to the instituting
of the LOSAP will become vested after two years of service.
d.
Any member who has already successfully completed two years of service
in Oakland as an active member, in good standing, will become vested
after three additional years of service.
e.
Any member who has already completed one year of service in Oakland
as an active member, in good standing, prior to the instituting of
the LOSAP will become vested after four additional years of service.
f.
Any member who has less than one year of service will become vested
after completing five years of active service.
[Ord. #00-Code-393, § V]
The estimated cost of the program has been calculated as follows:
For regular annual services: $750 per year increasing each calendar
year hereafter by $100 up to five years $1,150. During the sixth year
and each year thereafter, the annual contribution shall be the maximum
amount permitted by law. The maximum contribution is subject to periodic
increases that are tied to the Consumer Price Index (N.J.S.A. 40A:14-185f).
The permitted maximum amount will be issued by the Division of the
Local Government Services annually.
|
Year
|
Per Cost
|
Total # of Volunteers
|
Cost Per Year
|
|---|---|---|---|
|
1
|
$750
|
x 130
|
$97,500
|
|
2
|
$850
|
x 130
|
$110,500
|
|
3
|
$950
|
x 130
|
$123,500
|
|
4
|
$1,050
|
x 130
|
$136,500
|
|
5
|
$1,150
|
x 130
|
$149,500
|
[Ord. #00-Code-393, § VI]
In accordance with N.J.S.A. 40A:14-191, the Fire Chiefs and
Ambulance Corps Captain shall furnish to the Municipal Council, an
annual certification list, certified under oath, of all volunteer
members, which shall identify those active volunteer members who have
qualified for credit under the award program for the previous year.
Except for a medical leave due to an injury sustained in the line
of duty any excusal or leave of absence or medical leave in excess
of three months shall disqualify the member from eligibility for a
credit for that year. This list shall be submitted annually. Notwithstanding
the provisions of this section, a volunteer member may request that
the member's name be deleted from the list as a participant in the
Length of Service Award Program. A request for deletion shall be in
writing and shall remain effective until withdrawn in the same manner.
[Ord. #00-Code-393, § VII]
The Municipal Council shall review the annual certification
list furnished by the Fire Chief and Ambulance Corps Captain and approve
the final annual certification. The approved list of active certified
volunteer members shall then be returned to the Fire Chief and Ambulance
Corps Captain and be posted for at least 30 days for review by the
members. The Fire Chief and Ambulance Corps Captain shall provide
any information concerning the annual certification list that the
Municipal Court shall require as part of its review.
[Ord. #00-Code-393, § VIII]
An active volunteer member whose name does not appear on the
approved certification list may appeal within 30 days of posting of
the list. The appeal shall be in writing and mailed to the Municipal
Clerk. The Municipal Council shall investigate the appeal and render
a decision regarding the appeal. The decision of the Fire Chief, Ambulance
Corps Captain or that of the Municipal Council regarding the approved
certification list shall be subject to appropriate judicial review.
[Ord. #00-Code-393, § IX]
This section shall not take effect unless it is approved by
voters as a public question at the next general election/annual election.[1]
[1]
Editor's Note: This section was approved by voters of the
Borough of Oakland at the November 7, 2000 general election.
[Ord. #2; Ord. #59-2B-308; 1967 Code, Appendix X; Ord. #75-45]
a.
Authority. There shall be in and for the Borough, a Board of Health
in accordance with the provisions of the act of the Legislature of
New Jersey entitled "An Act to Establish in This State Boards of Health
and a Bureau of Vital Statistics and to Define Their Respective Powers
and Duties" approved March 31, 1887, and the several supplements thereto.
b.
Members. The Board of Health shall consist of seven members who shall
be appointed by the Council.
c.
Board to Be Self-Governing. The Board of Health shall adopt rules
and regulations for its own government and shall elect a president
from among its own members.
d.
Appointments by Board. The Board of Health shall appoint a Secretary
and Sanitary Inspector and may also appoint such other officers or
assistants as the Board of Health may deem necessary. All appointees
of the Board shall be governed by the rules of the Board, and they
may be removed for cause by the Board. The policemen of the Borough,
when on duty, shall be Special Sanitary Inspectors, and they shall
promptly report to the Board of Health any violation of the health
ordinances of the Borough which may come within their observation
or knowledge.
e.
Use of Funds. The Board of Health shall not contract any debt or
debts of any kind beyond the amount of the appropriation first made
for its use by this Council.
f.
Standards of Conduct.
1.
Statement of Findings; Declaration of Intent. The Board of Health
of the Borough hereby finds and declares that:
(a)
It is recognized that it is essential that the conduct of the
members of the Board of Health and its employees shall hold the respect
and confidence of the people. Both members and employees must, therefore,
avoid conduct which is in violation of their public trust.
(b)
It is also recognized that the members of the community should
not be deterred from seeking any public office or employment by unwarranted
limitations. The Board of Health, therefore, adopts this regulation
to provide the members of the Board of Health and employees with guidelines
to maintain uniformly high standards.
2.
Rules Governing Conduct. The following rules shall govern the conduct
of the members of the Board of Health and its employees:
(a)
No member of the Board of Health or its employees shall have
any interest, financial or otherwise, direct or indirect, or engage
in any business or transaction of professional activity which is in
conflict with the proper discharge of his duties in the public interest.
(b)
No member of the Board of Health or its employees shall use
or attempt to use his official position to secure unwarranted privileges
for himself or others.
(c)
No member of the Board of Health or its employees shall act
in his official capacity in any matter when he has a direct or indirect
personal financial interest that impairs his objectivity or independence
of judgment.
(d)
No member of the board of Health or its employees shall undertake
any employment or service, whether compensated or not, which impairs
his objectivity and independence of judgment in the exercise of his
official duties.
(e)
No member of the Board of Health or its employees shall solicit
or accept any gift, favor, service or other thing of value given or
offered for the purpose of influencing him in the official discharge
of his duties.
(f)
No member of the Board of Health or its employees shall solicit,
receive or agree to receive, whether directly or indirectly, any compensation,
reward, employment, gift or other thing of value for the performance
of his public duties from any source other than from the Board of
Health of the Borough.
3.
Oath of Office.
(a)
Every member of the Board of Health or its employees, upon being
appointed to the Board of Health, or upon becoming an employee of
the Board of Health, shall take an oath of office as prescribed by
statute.
(b)
At the same time, they shall acknowledge, in writing, that they
have received a written copy of this regulation an agree to abide
by the terms of this regulation, and such acknowledgment shall be
on file in the office of the Secretary of the Board of Health.
4.
Complaint; Hearing. Upon receipt from any source of a formal written
complaint alleging facts which, if they were true, would indicate
improper conduct under the terms and provisions of this paragraph,
the President of the Board of Health, or in the event that he is disqualified,
the Vice President of the Board of Health, shall forthwith appoint
a committee of three disinterested members of the Board of Health,
whose duty it shall be to conduct a hearing affording the person named
in such complaint with the elements of due process of law, and then
shall make written findings of fact and conclusions based thereon.
The complaint and report shall be deemed confidential in nature and
shall be forwarded to the entire Board, which shall determine whether
the conduct of the officer or employee violated the terms and provisions
of this paragraph and, based thereon, whether appropriate action should
be instituted.
5.
Censure, Suspension, Demotion or Removal of Member or Employee. In
the event that a majority of the members of the Board of Health make
a determination that the conduct of any member or employee was improper
under the provisions of this paragraph, it may, based upon written
findings of fact and pursuant to proceedings according to law, censure,
suspend, demote or recommend the removal from office of a member of
the Board of Health or its employee whose conduct is found to be improper
and in violation of the terms and provisions of this paragraph.
6.
Word Usage. Whenever the word "his" is used in this subsection, it
shall refer to both the male and female genders.
7.
Distribution of Regulation; Acknowledgment of Receipt. Upon the adoption
of this regulation, all present members and employees of the Board
of Health shall forthwith comply with subparagraph 3(b) above, and
file the acknowledgment with the Secretary of the Board of Health
within 15 days.
[1967 Code, Appendix XXIII; Ord. #77-683]
a.
Creation of Board. There is hereby created a Local Assistance Board
to provide public assistance to eligible persons.
b.
Membership. The Board shall consist of three persons and at least
one shall be a woman. They shall be appointed by the Mayor with the
approval of the Council and shall serve without compensation but shall
be allowed necessary and actual expenses.
c.
Term of Office. The term of one member of the Board shall be for
one year and such member may be a Councilman, and the terms of the
other members shall be for three years, expiring in alternate years.
Terms shall begin on January 1 of the year in which appointed, and
each member shall continue in office until a successor shall be appointed
and qualify.
d.
Organization of Board; Director of Welfare.
1.
The Board shall organize and select a Chairman and Secretary.
2.
It shall appoint a Director of Welfare who shall be the executive
and administrative officer of the Board. The person shall hold office
for a term of five years from the date of appointment, and shall be
paid such salary as may be fixed by the Board, in accordance with
the salary ordinance of the Borough.
3.
In the event of vacancy in the office of the Director of Welfare,
one temporary or acting Director may be appointed to serve for up
to 90 days.
e.
Duties of Director of Welfare. The Director of Welfare shall:
1.
Supervise by periodic investigation every person receiving public
assistance, such investigation to be made by visitation at least once
a month.
2.
Reconsider from month to month the amount and nature of public assistance
given and alter, amend or suspend the same when the circumstances
so require.
3.
Devise ways and means for bringing persons unable to maintain themselves
to self-support or to the support of any other person or agency able
and willing so to do.
4.
Keep full and complete records of such investigation, supervision,
assistance and rehabilitation, and of all certifications of persons
for employment or benefits and cancellations thereof, in such manner
and form as required by the Commissioner.
5.
Bring about appropriate action for commitment to any State or County
institution when the best interests of the needy persons would be
so served.
[1967 Code, Appendix Part II; Ord. #72-552; Ord. 97-Code-336,
§ 1; Ord. #03-Code-453, § I]
a.
Creation of Commission. An agency of the Borough to be known as "The
Environmental Commission of the Borough of Oakland" is hereby created
for the protection, development or use of the natural resources located
within the Borough.
b.
Membership. The agency shall consist of seven members, all of whom
shall be citizens and residents of the Borough, each of whom shall
be appointed for his respective term by the Mayor and confirmed by
the Council. One of such members shall also be a member of the Planning
Board of the Borough.
The agency shall have two alternate members who shall be appointed
by the Mayor and confirmed by the Council. The alternate members shall
participate in all proceedings of the agency, but may not vote except
in the absence or disqualification of a regular member. The alternate
members shall be citizens and residents of the Borough. Alternate
members shall be designated at the time of appointment as "Alternate
No. 1" and "Alternate No. 2". The terms of the alternate members shall
be for two years, except that the terms of the alternate members first
appointed shall be two years for Alternate No. 1 and one year for
Alternate No. 2 so that the term of not more than one alternate member
shall expire in any one year. A vacancy occurring otherwise than by
expiration of terms shall be filled for the unexpired term only.
c.
Term of Office; Vacancies. All appointments shall be for a term of
three years until their respective successors are appointed and shall
qualify. Vacancies in the membership of this agency, occurring for
whatever cause, shall be promptly filled by appointment by the Mayor
and confirmed by the Council for the unexpired term thereof.
d.
Compensation; When Permitted. The members of the Environmental Commission
of the Borough shall receive no salary or other compensation for their
services, but each member shall be entitled to receive such actual
disbursements for any expenditures as may be incurred by him in performing
his duties as a member thereof by submission of a voucher to the Mayor
and Council.
e.
Qualifications of Members. Each member appointed shall be chosen
with a special view to his qualifications and fitness for service
thereon, bearing in mind both the purposes set forth in the preamble
hereof and the duties set forth herein.
f.
Agency Procedures. The Mayor shall appoint, from among the first
persons appointed to the agency, its first Chairman. Thereafter, the
members of the agency shall annually choose from among its members
a Chairman and such other officers as it may deem necessary. It is
authorized to adopt by laws or such rules and regulations as may appear
necessary to govern its procedure for the faithful discharge of its
duties as set forth herein.
g.
Powers. The Commission shall have the following powers:
1.
To conduct research into the use and possible use of the open land
areas of the Borough.
2.
To coordinate the activities of unofficial bodies organized for similar
purposes, if any.
3.
To advertise, prepare, print and distribute books, maps, charts,
plans and pamphlets which, in its judgment, are deemed necessary for
its purposes.
4.
To study and make recommendations concerning open space preservation,
water resources management, air pollution control, solid waste management,
noise control, soil and landscape protection, environmental appearance,
marine resources and protection of flora and fauna.
h.
Duties. The Commission shall have the following duties:
1.
It shall keep an index of all open areas, publicly or privately owned,
including open marshlands, swamps and other wetlands, in order to
obtain information on the proper use of such areas.
2.
Recommend to the Planning Board of the Borough plans and programs
for inclusion in any revision of the Municipal Master Plan and the
development and use of such areas.
3.
Set up a program to keep the citizens of Oakland informed about the
local conservation programs.
4.
Promote the conservation and development of the natural resources
of the Borough.
5.
Manage properties in the name of the Municipality acquired either
by gift, purchase, grant, bequest, devise or lease, when directed
by the Mayor and Council, when the purpose of acquiring the property
was for a conservation purpose.
6.
Keep records of its meetings and activities.
7.
Make an annual report to the Mayor and Council of the Borough.
8.
Act as the coordinating agency of the Borough on conservation matters.
9.
Act as a liaison between the Borough and any regional, State or Federal
agencies concerning conservation matters.
i.
Annual Report. It shall prepare and submit a written report to the
Mayor and Council by December 15 of each year, setting forth its activities
and accomplishments during the previous year and its recommendations
for the future. It shall, whenever it deems necessary, make interim
reports of its needs, desires and recommendations. It shall submit
a proposed budget each year.
j.
Acquisition of Land. The Commission may, with the specific approval
of the Mayor and Council, as authorized by a resolution adopted by
the Mayor and Council, acquire property, both real and personal, in
the name of the Borough, by gift, purchase, grant, bequest, devise
or lease for any of its purposes (including, but not limited to, use
as living museums, sites for scientific study, areas for teaching
of natural history and conservation, places of historic or prehistoric
interest and scenery, beauty and habitat for rare and endangered plants
and animals) and shall administer the same for such purposes subject
to the terms of the conveyance or gift. Such acquisition may be to
acquire the fee or any lesser interest, development right, easement
(including conservation easement), covenant or other contractual right
(including a conveyance on conditions or with limitations or reversions),
as may be necessary to acquire, maintain, improve, protect, limit
the future use of, or otherwise conserve and properly utilize open
spaces and other land and water areas in the Borough.
k.
Control of Lands Acquired for Conservation Purposes. The Environmental
Commission shall, when authorized by a resolution adopted by the Mayor
and Council, have exclusive control of lands acquired for the purposes
herein stated and may adopt suitable rules and regulations for the
use thereof and the conduct of all persons while on or using the same.
l.
Appropriations. The Mayor and Council may annually fix, determine
and appropriate a sum sufficient for the care, custody, policing and
maintenance of such lands that may be acquired for the uses and purposes
herein stated, and for the expenses of the Commission which shall
be raised by taxation in the same manner as other taxes.
[Ord. #06-Code-537, § I; Ord. No.
16-Code-745]
a.
Legislative Intent. It is the intention of the Borough that the Shade
Tree Commission be an independent commission with the primary function
of reviewing applications for development for the purpose of providing
advice to the Planning Board and Zoning Board of Adjustment, the Governing
Body, and other departments of the Borough of Oakland in matters related
to shade tree issues. Although the Commission is an autonomous body,
specifically governed by the provisions of N.J.S.A. 40:64-1, the Commission
is subject to the control of the Mayor and Council insofar as funding
its budget.
b.
Establishment; Membership.
There is hereby established the Borough of Oakland Shade Tree
Commission. The membership shall consist of seven members and two
alternate members, all of whom shall be residents of the Borough.
c.
Appointments; Terms.
1.
The Mayor shall appoint the members of the Commission, who shall
serve for a period of five years, except the respective terms of office
for the originally appointed members shall be as follows:
(a)
Two members shall serve for terms of five years;
(b)
Two members shall serve for terms of four years;
(c)
Three members shall serve for terms of three years.
|
The term of each member, except for the initial term, shall
begin on the first day of January, and each members shall continue
in office until his/her successor shall be appointed.
|
2.
Alternate Members.
The Mayor shall appoint two alternate members of the Commission,
who shall serve for a period of five years except the respective terms
of office for the originally appointed members shall be as follows:
d.
Vacancies. In the event of resignation of any member of the Commission
or an inability to serve, the Mayor and shall fill said vacancy for
the remainder of the unexpired term.
e.
Organization; Officers.
1.
The Commission shall elect a Chairman and Vice-Chairman at its organizational
meeting in January, which officers shall serve for a term of one year
and remain in office until their successor are appointed.
2.
The Commission shall appoint a Secretary, which may be a paid position,
such compensation to be determined by the Mayor and Council. The Secretary
shall keep minutes of all the meetings of the Commission, which minutes
and copies of official correspondence shall be kept on file in the
Office of the Borough Clerk, with copies provided to the Mayor and
Borough Council.
f.
Meetings. The Commission shall meet at least 10 times a year as set
in its organizational meeting, which meetings shall be open to the
public unless closed by the Commission pursuant to an exception authorized
under the Open Public Meetings Act. Special meetings may be called
by the Chairman upon three days' notice to each member of the Commission.
The Commission may make and amend rules and regulations concerning
the conduct of its meetings.
g.
Powers and Duties. The Commission shall have the following powers
and duties to:
1.
Review applications for development pending before the Planning Board
or Zoning Board of Adjustment of the Borough of Oakland and advise
the respective Land Use Board on matters related to or involving shade
tree items, such as removal of existing trees and shrubs and new plantings.
2.
Advise the Mayor and Council on appropriate tree care, proper trimming
and pruning, removal and/or other special project manners or which
may be considered in connection with updating or amending the Borough's
tree ordinance.
3.
Advise and coordinate with the Building Department, Police Department,
Department of Public Works and other Borough of Oakland departments
on planting and care of shade trees, ornamental trees and/or shrubbery
on Borough property, as well as the removal of any tree or part thereof
considered high risk to public safety.
4.
Consult with the tree ordinance enforcement agent so as to oversee
and supervise the planting, trimming and removal of trees in the Borough
subject to the Borough's tree ordinance, Chapter 19-1, and Ordinance
No. 05-Code-489, adopted May 11, 2005.
5.
Prepare yearly budget and request funding of same from the Mayor
and Council.
6.
Advise the tree ordinance enforcement agent of any violations of
provisions of the ordinance.
7.
Coordinate tree care with public utility companies.
8.
Formulate a community forestry plan.
9.
Establish bylaws, to be approved by the Mayor and Council.
h.
Council Liaison. The Borough Council shall appoint one nonvoting
Council liaison to the Commission.
i.
Annual Report. During the month of December, or as required by the
Mayor and Council, the Commission shall certify the estimated sum
necessary for the proper conduct of its work for the ensuring fiscal
year, including estimates for such items as trees, shrubbery and the
purchase of any equipment which the Shade Tree Commission would recommend
as necessary for any Borough shade tree programs, payment of wages
and salaries, expenses of Commission members in discharging official
duties, including attendance at professional meetings or seminars.
j.
Immunity and Indemnification. The Borough will reimburse the reasonable
litigation costs incurred by the Commission or its individual members
with respect to claims by third parties for injury or death caused
directly by a tree or shrub, or any part thereof. Further, the provisions
of N.J.S.A. 59:3-14 afford the Commission and its members immunity
from suits as defined therein.
[1967 Code § 29-8; Ord. #77-703]
a.
The Horseman's Advisory Committee is hereby established. The Committee
is to consist of three residents of the Borough appointed by the Mayor
with the advice and consent of the Council. At least one member of
the Oakland Horseman Association shall be a member of the Advisory
Committee. Initial appointments shall be one for three years, one
for two years and one for one year, with all subsequent appointments
for three-year terms.
b.
The purpose of the Committee shall be to advise the Mayor and Council
regarding the problems of horse owners in the Borough and as to the
best ways to continue to protect the rights of both horse owners and
non-horse owners.
[Ord. #237; Ord. #58-237A-289; Ord. #74-623; Ord. #82-955;
Ord. #06-Code-531, § 2; Ord. #07-Code-555, §§ 1,
2; Ord. #07-Code-559, § 1; Ord. #08-Code-570, § I;
Ord. 09-Code-591, § I; Ord. #09-Code-592, § I;
Ord. #11-Code-640]
a.
Board Members. A Board of Recreation Commissioners in the Borough
is hereby established which shall consist of seven regular members
who are citizens and residents of the Borough and two alternate members
who are citizens and residents of the Borough.
b.
Members Appointed. The members of the Board of Recreation Commissioners
shall be appointed by the Mayor.
c.
Term of Office. All appointments for regular members and alternate
members shall be for a period of five years and until their respective
successors are appointed and shall qualify. All vacancies shall be
filled for the unexpired term only.
d.
No Salaries for Board's Services. The members of the Board of Recreation
Commissioners shall receive no salary or other compensation for their
services.
e.
Board Procedures. Upon the appointment of the members of the Board
of Recreation Commissioners, the Board shall organize and elect such
officers and adopt such rules and regulations as the Board may deem
necessary for the faithful discharge of its duties and for the proper
exercise of the powers conferred on the Board as provided for in N.J.S.A.
40:12-1 to 40:12-8, inclusive, as amended and supplemented.
f.
Board to Control Facilities. The Board of Recreation Commissioners
shall have full control over all lands, playgrounds and recreation
places acquired or leased under the provisions of N.J.S.A. 40:12-1
to 40:12-8 inclusive, as amended and supplemented, and may adopt suitable
rules, regulations and bylaws for the use thereof and the conduct
of all persons while on or using the same. Any person who shall violate
any such rules, regulations or bylaws shall be deemed and adjudged
to be a disorderly person. The Custodians, Supervisors and Assistants
appointed by the Board of Recreation Commissioners shall, while on
duty and for the purpose of preserving order and the observance of
the rules, regulations and bylaws of the Board of Recreation Commissioners,
have all the power and authority of police officers of the Borough.
g.
Employees of Recreation Commissioners. The Board of Recreation Commissioners
may appoint a Secretary or Clerk and such number of Custodians, Supervisors
and Assistants for the several playgrounds and recreation places under
its control as they shall think necessary and proper and shall fix
and determine their respective salaries in accordance with the Salary
Ordinance of the Borough subject to the approval of the Mayor and
Council of the Borough.
h.
Annual Report. The Board of Recreation Commissioners shall make an
annual written report on or before the first day of January of each
year and transmit the same to the Mayor and Council of the Borough.
The annual written report shall contain an itemized accounting of
all activities, receipts, disbursements, expenditures and number of
employees for the full year.
i.
Additional Powers. The Board of Recreation Commissioners shall, in
addition to the powers and duties defined herein, be chargeable with
the performance of all duties and shall be vested with all other powers
as are more particularly set forth in N.J.S.A. 40:12-1 to 40:12-8,
inclusive, as amended and supplemented.
j.
Authorization to Establish Fees for Use of Facilities. The Recreation
Commission, in conjunction with Borough Administration, shall have
the power to recommend certain fees to be charged to those persons
who desire to use the various recreation facilities in the Borough
under the control of the Recreation Commission. Such fees shall be
considered by the Mayor and Council, and incorporated into the Ordinance
which establishes recreation fees.
k.
Fees to Be Set Annually; Posting. Such fees as may be implemented
by the Mayor and Council, as recommended by the Recreation Commission,
shall be set annually, and such fees, once established, shall immediately
be posted in the Borough Hall and published in the official newspaper.
l.
Collection of Fees. It shall be the responsibility of the Recreation
Commission to collect the fees charged by the Recreation Commission
and to promptly deliver such fees to the Borough Treasurer for deposit
in a segregated account relating to the Recreation Commission. Fees
charged for use of the recreation fields and/or properties shall be
deposited in a separate trust account, the purpose of which shall
be to aid in the maintenance of such fields and grounds. The fees
that are generated for sports participation shall be deposited in
a separate account in the Borough's general recreation revenue account.
m.
Expenditure of Fees. Expenditures by the Recreation Commission of
any of the fees collected by the Recreation Commission may only be
made upon the adoption of a resolution by the Mayor and Council approving
a resolution previously adopted by the Recreation Commission specifically
setting forth the purpose of such expenditure and the amount to be
expended.
[Ord. #60-0-313; 1967 Code § 13-12]
a.
The Borough Council shall, appoint three persons, citizens and residents
of the Borough, as members of a Bicycle Safety Committee. Each member
shall serve for a period of three years, or until their respective
successors are appointed.
b.
The Bicycle Safety Committee shall assist the Police Department in
making periodic inspections to determine whether bicycles licensed
or to be licensed under the provisions of this section are in safe
mechanical condition. The Committee shall also sit on second-offense
violations in the manner hereinafter prescribed.
c.
Members of the Bicycle Safety Committee shall receive no compensation
for their services.
[Ord. #12-Code-679]
a.
Creation; Purposes. There is hereby created a Public Events Committee
in the Borough of Oakland. The Public Events Committee is created
for the purpose of running and supporting various events and celebrations
open to the general public.
b.
Composition; Terms of Office. The Public Events Committee shall consist
of 15 members, all of whom shall be required to be residents of the
Borough of Oakland. Appointments to the Committee shall be made by
the Mayor with the advice and consent of the Borough Council. The
terms of office of the initial Committee shall be staggered, with
five members being appointed for three years, five members being appointed
for two years, and five members being appointed for one year retroactive
to January 1st. Thereafter, the terms shall be for three years.
c.
Vacancies. In the event of the resignation of any member of the Committee,
or inability to serve, the Mayor and Borough Council shall fill said
vacancy for the remainder of the unexpired term.
d.
Organization.
1.
The Public Events Committee shall annually elect a chairperson and
such other officers as the Public Events Committee may deem necessary.
2.
The Public Events Committee may adopt bylaws for its administration
and establish rules and regulations for its activities, provided however,
that such bylaws, rules and regulations shall be subject to the approval
of the Mayor and Borough Council.
e.
Powers and Duties.
1.
Prepare an annual budget request and submit same to the Mayor and
Council for review.
2.
Plan, coordinate, execute and evaluate various events and celebrations
open to the general public, within the limits of available funding.
3.
Cosponsor events with outside organizations, subject to Mayor and
Council approval.
4.
Research activities in other municipalities, survey the community
to develop ideas for new events and recommend same to the Mayor and
Council.
5.
Keep accurate records and detailed, written procedures for all events.
6.
Prepare and submit written annual report by the end of January concerning
the Committee's activities in the previous year.
f.
Council Liaison. The Borough Council shall appoint one non-voting
Council liaison to the Committee.
g.
Public Events Trust Fund. Any funds generated from the execution
of public events and celebrations or from donations designated to
support public events shall be deposited into the Public Events Trust
Fund. The monies in the fund may be used to defray the operating costs
to run public events, including, but not limited to equipment or materials
incidental to the operation of public events, but not to defray capital
improvement costs to any real property. The expenditure of the funds
shall be in accordance with the Borough's purchasing procedures and
subject to the approval of the mayor and Council.
[12-20-2023 by Ord. No. 23-Code-936]
a.
Legislative Intent and Duties:
1.
To generally advise the Mayor and Council on "greening" and sustainability
matters.
2.
To solicit grants, with Council approval.
3.
To research and evaluate, or coordinate the research and evaluation
of "sustainable" actions that would be beneficial to the Oakland community.
4.
To develop and coordinate the implementation of actions as outlined
by Sustainable Jersey that will maintain the Borough's Silver
Level Certification and lead to higher certifications.
5.
To that end, the Sustainable Oakland Green Team may establish subcommittees
as needed to carry out specific actions or focus on specific areas
of interest.
b.
Membership:
1.
The Mayor shall appoint the members of the Committee, who shall serve
for a period of five years, except the respective terms of office
for the originally appointed members shall be as follows:
2.
The Committee shall also contain an ex officio member of the Council,
the Mayor or his/her designee, the Borough Administrator or his/her
designee, and any such other nonvoting members the Mayor shall appoint
including from the Environmental Commission, Board of Health, Board
of Education, Business Community, Shade Tree Commission, Oakland Library
and Planning Board.
c.
Vacancies:
1.
In the event of resignation of any member of the Committee or an
inability to serve, the Mayor and shall fill said vacancy for the
remainder of the unexpired term.
d.
Meetings:
1.
The Commission shall meet at least 10 times a year, as set in its
organizational meeting, which meetings shall be open to the public
unless closed by the Committee pursuant to an exception authorized
under the Open Public Meetings Act.[1] Special meetings may be called by the Chairman upon three
days' notice to each member of the Committee. The Committee may
make and amend rules and regulations, subject to Council approval,
concerning the conduct of its meetings.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
e.
Organization; Officers.
1.
The Commission shall elect a Chairman and Vice-Chairman at its organizational
meeting in January, which officers shall serve for a term of one year
and remain in office until their successor are appointed.
2.
The Commission shall appoint a Secretary, which may be a paid position,
such compensation to be determined by the Mayor and Council. The Secretary
shall keep minutes of all the meetings of the Commission, which minutes
and copies of official correspondence shall be kept on file in the
Office of the Borough Clerk, with copies provided to the Mayor and
Borough Council.
[1967 Code, Appendix Part XVII, § 1; Ord. #69-494]
An agency of the Borough to be known as "The Economic Development
Council of the Borough of Oakland" is hereby established under the
authority of the "State Economic Development Assistance Act of 1966"
(L. 1966, C. 130, Par. 1 et seq.).
[1967 Code, Appendix Part XVII, § 2; Ord. #69-494]
The agency shall consist of nine members all of whom shall be
citizens and residents of the Borough, each of whom shall be appointed
for their respective term by the Mayor and confirmed by the Council.
The Mayor shall serve as an ex officio member of such agency.
[1967 Code, Appendix Part XVII, § 3; Ord. #69-494]
All appointments shall be for a term of three years and until
their respective successors are appointed and shall qualify. Vacancies
in the membership of this agency, occurring for whatever cause, shall
be promptly filled by appointment by the Mayor for the unexpired term
thereof.
[1967 Code, Appendix Part XVII, § 4; Ord. #69-494]
The members of the Economic Development Council of the Borough
shall receive no salary or other compensation for their services,
but each member shall be entitled to receive such actual disbursements
for any expenditures as may be incurred by him in performing his duties
as a member thereof by submission of a voucher to the Mayor and Council.
[1967 Code, Appendix Part XVII, § 5; Ord. #69-494]
Each member appointed shall be chosen with a special view to
his qualifications and fitness for service thereon, bearing in mind
both the purposes set forth in the preamble hereof and the duties
set forth herein.
[1967 Code, Appendix Part XVII, § 6; Ord. #69-494]
The Mayor shall appoint, from among the persons first appointed
to the agency, its first Chairman. Thereafter, the members of the
agency shall annually choose from amongst its members a Chairman and
such other officers as it may deem necessary. It is authorized to
adopt bylaws or such rules and regulations as may appear necessary
to govern its procedure for the faithful discharge of its duties as
set forth herein.
[1967 Code, Appendix Part XVII, § 7; Ord. #69-494]
The purposes of the agency shall generally be to act as an advisor
to the Mayor and Council, with respect to the future economic development
of the Borough as it relates to the encouragement and attraction of
business and industrial ratables to the Borough. To that purpose,
it shall have the following specific functions and duties:
a.
It shall make a study, in depth, of the basic economic conditions
of the Borough and prepare and present the economic advantages of
the Borough in its geographic region so as to enlighten prospective
firms who may wish to locate their offices, business and industry
in the Borough.
b.
It shall provide facts about the Borough, its clubs, its activities,
its residents, its shopping facilities and its recreational programs,
together with facts concerning facilities in surrounding communities,
including transportation, that would be attractive to the location
of business and industry in the Borough.
c.
It shall make use of existing reports, records and statistics of
existing Federal, State, County, municipal and other governmental
agencies, as well as responsible private institutions, businesses
and agencies, for the purposes of compiling such information as it
may require relating to the attracting of industrial and commercial
ratables to the Borough.
d.
It shall be responsible for public relations relating to its duties,
to the extent that it will produce brochures, provide information
sought by industries and other commercial enterprises interested in
locating in the community, and contact and seek out such business
and industrial firms and encourage their location in the Borough.
e.
It shall inquire into and advertise the business and industrial advantages
and opportunities of the Borough and the availability of real estate
located therein for industrial and business settlement and encourage
and accomplish such business and industrial settlement as it shall
deem proper.
f.
It shall aid the Mayor and Council in the creation of an atmosphere
that will be attractive to business and industry and shall seek to
attract and promote business and industry in the Borough.
g.
It shall act for and in behalf of the Mayor and Council as an "Economic
Development Agency", as defined under the State Economic Development
Assistance Act of 1966. To that purpose it is specifically authorized
to make such application as shall be permissible under the Economic
Development Assistance Act of 1966 for such grants as it may deem
necessary to accomplish its purposes, including the preparation and
filing of applications with the Commissioner of the Department of
Conservation and Economic Development of the State of New Jersey in
behalf of the Borough requesting that funds be awarded to the Borough.
h.
It shall determine and mobilize the potential resources of the Borough.
i.
It shall make a study of the tax structure of the Borough with a
view to reducing the tax burden on the residents therein as may be
affected by the encouragement of business and industry to the Borough.
j.
It shall perform such other services in relation to the attraction
of business and industry to the Borough as shall be assigned to them
by resolution of the Mayor and Council.
k.
Nothing herein contained shall be deemed, in any way, to encompass
any of the functions or duties permitted and authorized to be performed
by the Planning Board of the Borough under the laws and statutes of
the State of New Jersey pertaining thereto.
[1967 Code, Appendix Part XVII, § 8; Ord. #69-494]
It shall prepare and submit a written report to the Mayor and
Council by December 15 of each year, setting forth its activities
and accomplishments during the previous year and its recommendations
for the future. It shall, whenever it deems it necessary, make interim
reports of its needs, desires and recommendations. It shall submit
a proposed budget each year.
[1967 Code, Appendix Part XVII, § 9; Ord. #69-494]
Whenever the services of personnel employed by the Borough shall
be needed for advice on any matter, the agency shall be authorized
to use such personnel by the Borough for such purpose, including the
Borough Engineer and Borough Attorney.
[Ord. #87-102, § 1]
To establish a Flood Control Commission that will advise the
Mayor and Council on matters of flood control that will affect the
Borough.
[Ord. #87-102, § 2; Ord. #89-143, § I]
It is hereby created and established a Flood Control Commission
for the Borough of Oakland which shall consist of seven members, to
be appointed by the Mayor with the advice and consent of the Borough
Council from residents who have demonstrated an interest in flood
control. A member of the Borough Council shall act as liaison for
the Flood Control Commission and shall be responsible for coordinating
the efforts of the Commission with the Mayor and Council. Two members
shall be appointed for a term of one year, two members shall be appointed
for a term of two years and three members shall be appointed for a
term of three years. The term of office for each member of the Flood
Control Commission after a member's initial term has expired, shall
be for three years. The terms of all respective members shall commence
on January 1 of the year of appointment. Members shall serve after
the expiration of their terms until their respective successors shall
be appointed and shall qualify. Vacancies occurring other than by
expiration of term shall be filled in a like manner, but for the unexpired
term only.
[Ord. #87-102, § 3]
a.
The members of the Flood Control Commission shall organize annually
on the first meeting of the year and select a Chairman, Vice-Chairman
and Secretary annually by a majority vote of the entire membership.
The Chairman, Vice-Chairman and Secretary shall serve as such until
the first day of January next following their respective appointment
and until their successors shall be appointed and shall qualify. Vacancies
in the office of Chairman, Vice-Chairman or Secretary shall be filled
in a like manner for the unexpired term only.
b.
The Secretary shall be required to maintain the records of the Commission
and shall be responsible for keeping the minutes and the attendance
at meetings.
c.
The Council liaison to the Flood Control Commission shall be a non-voting
member.
d.
The Commission shall meet at least 10 times per year and at such
other times that the Commission deems necessary.
e.
The Commission shall establish bylaws which shall give the conduct
of the Commission at its meetings. The bylaws shall be adopted within
three months of the organization of the first Commission.
[Ord. #87-102, § 4]
Any Commission member not attending three consecutive regularly
scheduled meetings, or who does not attend any four regularly scheduled
meetings during a calendar year shall be required to show cause before
the Mayor and Council of the Borough as to why they should not be
removed as a Commission member to meet the attendance requirements.
[Ord. #87-102, § 5]
The Commission shall have the following powers and duties:
a.
To pursue whatever means necessary to alleviate, curtail, solve or
prevent problems relating to flooding within the Borough and to recommend
policy and practice to the Council to effectuate the purposes of this
section.
b.
To confer with appropriate municipal, County, State, Federal and
private agencies concerned with programs regarding flooding for the
purpose of improving the scope and efficiency of flood control within
the Borough.
c.
To coordinate with the Borough Administrator to contact any individual
or public or private agency for the purpose of securing any funds
that may be deemed necessary or convenient for the carrying out of
flood control within the Borough.
d.
The Flood Control Commission will be responsible for identifying
properties available for purchase within the flood plain and their
potential for acquisition as established by policy of the Borough
Council.
e.
To make, amend and rescind rules, regulations and bylaws for its
own government.
f.
To report upon its activities and recommendations and plan for the
coming year to the Mayor and Council of the Borough annually and at
such other times as the respective governing body shall request or
as the Commission shall deem advisable.
[Ord. #87-102, § 6]
All municipal agencies shall cooperate with the Commission in
furnishing such reports and information as the Commission shall deem
necessary to carry out the functions and purposes of this Commission.
The Commission may review actions of local boards and applications
that involve development within the Borough that relates to the functions
and purposes of the Commission.
[Ord. #87-102, § 7]
The Borough Administrator shall assist the Commission in identifying
and soliciting all available sources of funding relating to flood
control. The Borough Administrator shall work with the Commission
and submit any documents or programs and their related submission
or deadline dates as pertaining to such matters to the Commission.
[Ord. No. 15-Code-722; Ord. No. 16-Code-740]
There is hereby established within the Borough of Oakland the
Americans With Disabilities Act Advisory Committee/Oakland Is For
Everyone.
[Ord. No. 15-Code-722; Ord. No. 16-Code-740]
The Americans With Disabilities Act Advisory Committee shall
consider, deal with and provide advice and counsel to the Mayor and
Council of the Borough of Oakland as to the concerns of disabled persons,
barrier-free facilities, recreational opportunities, employment practices
and the like and general and specific compliance with the requirements
of the Americans With Disabilities Act and any appropriate legislation
dealing with the subject matter thereof.
[Ord. No. 15-Code-722; Ord. No. 16-Code-740]
a.
The Americans With Disabilities Act Advisory Committee shall be constituted
to meet at least quarterly, shall by a majority vote select a chairman
to serve for a one-year period, such selection to be made each year
and shall act pursuant to by-laws to be created by the Committee and
adopted by a majority vote thereof within 90 days from the formation
of the American With Disabilities Act Advisory Committee and approved
by the Mayor and Council.
b.
The record of proceedings of Committee meetings shall be kept, and
such record as well as any recommendations or advice of the Committee
to the Mayor and Council, which shall be provided to the Mayor and
Council no later than 60 days after each meeting.
[Ord. No. 15-Code-722; Ord. No. 16-Code-740]
a.
Nine members, of which at least two shall be residents of the Borough
with disabilities, or parents of a child with a disability or a resident
family member who is the caregiver of a person with a disability.
Three members of the Committee shall be either residents of, or employed
in the Borough and shall be appointed by the Mayor. The terms shall
be staggered so as to result in the expiration of not more than three
members in any one year. Vacancies shall be filled for the remainder
of an unexpired term.
b.
The specific appointments to the aforesaid Committee shall be made
by the Mayor for three-year terms. Initial terms shall be staggered
as follows:
Three members shall be appointed to a one-year term
Three members shall be appointed to a two-year term
Three members shall be appointed to a three-year term
[Ord. #12-Code-658]
Claims submitted to the Borough shall be presented on a voucher
or purchase order provided by the Borough, and shall contain a detailed
bill of items, specifying particularly how the bill or voucher is
calculated, services rendered, and shall contain a certification of
the party claiming payment that the same is correct. In the event
of claims made pursuant to "not to exceed" agreements, each voucher
shall contain a statement of the not to exceed amount, the amount
previously billed toward that amount, and the balance left in the
not to exceed agreement.
[Ord. #12-Code-658; Ord. #14-Code-699]
All claims shall first be received and approved by the appropriate
department head responsible for the claim being incurred. The department
head, if satisfied with the propriety of the claim, shall approve
same by executing the voucher. After such approval by the department
head, the claim shall be submitted to the Borough Administrator. If
the Borough Administrator is satisfied, he shall execute same, and
the claim shall be submitted to the Financial Department for placement
on the bills list and approval by the Borough Council.
The below listed regularly recurring expenses of the Borough
of Oakland shall be processed for payment in the normal course of
business by the Borough Treasurer and Chief Financial Officer:
a.
Salaries and wages for employees appointed by the governing body;
b.
Federal and State payroll taxes;
c.
Health benefit claims for covered personnel which have been approved
for payment by the Borough's Claims Administrator and Borough Administrator;
d.
Insurance premiums after written approval of the Borough Administrator;
e.
Debt service payments, upon approval of the Borough Administrator;
f.
County taxes, upon approval of the Borough Administrator;
g.
Local school taxes, upon approval of the Borough Administrator;
h.
Regional school taxes, upon approval of the Borough Administrator;
i.
Postage upon approval of the Borough Administrator;
j.
Emergent and necessary claims of third parties for $1,000 or less,
after written approval of the Borough Administrator;
k.
Utility bills upon approval of the Borough Administrator;
l.
Mandatory contractual payments upon approval of the Borough Administrator;
m.
State taxes and fees upon approval of the Borough Administrator;
n.
Payments required by the Prompt Payment provisions of the Local Public
Contract Law;
o.
Contributions to various pension funds, withholding and Borough share,
upon approval of the Borough Administrator;
p.
Disbursements authorized by separate prior resolutions of the governing
body, upon approval of the Borough Administrator;
q.
Replacement of voided checks, upon approval of the Borough Administrator;
r.
Payments made via petty cash funds;
s.
Payments from one borough account to another.
|
If the Borough Administrator advises the Chairman of the Finance
Committee that a delay in payment (such that the claim need be paid
prior to the next regularly scheduled public meeting) would adversely
affect the Borough and its business affairs and/or that there is some
exigent circumstance requiring immediate payment not otherwise provided
for in this section, such a claim may be paid prior to approval at
the public meeting. Upon such advice by the Borough Administrator,
the claim may be paid in advance of the public meeting only upon the
signed approval of the voucher by the Borough Administrator and the
Finance Chairman, or in his/her absence, a member of the Finance Committee.
|
|
All claims paid pursuant to this section shall be individually
listed and reported to the Mayor and Council for confirmation at its
next regularly scheduled meeting.
|
[Ord. #12-Code-658]
The claims/vouchers shall be presented by the Finance Department
to the Council at the next regular meeting for the formal approval
of the Mayor and Council, by resolution, and after approval, shall
be listed in the minutes and shall thereafter be presented to the
Finance Department for payment in due course.
[Ord. #12-Code-658]
Any claim disapproved by the Council shall be referred to the
Borough Administrator for investigation and further action.
[Ord. #12-Code-658]
The provisions of this section are made in accordance with and
pursuant to the provisions of N.J.S.A. 40A:5-16, et seq.
[Ord. #62-0-358; 1967 Code § 37-1; Ord. #70-653;
Ord. #88-114, § 37-1; Ord. #04-Code-482, § I;
Ord. #10-Code-631, § I]
The fees for public records and materials distributed by the
Borough Clerk shall be charged as follows:
b.
Electronic records, i.e. records sent via email and fax, shall be
provided free of charge.
c.
Records provided in mediums such as computer disc, CD-ROM, DVD, audio
tapes, etc. shall be charged the actual cost of the medium.
d.
Requests for proposals, documentation and/or plans and specifications:
fee not to exceed $50 or the cost of reproducing the documentation.
e.
Form of Request. The Borough hereby adopts the public records form
recommended by the State of New Jersey, which form is available in
the Office of the Borough Clerk and which is incorporated into this
subsection.[1]
[1]
Editor's Note: The form referred to herein may be found on
file in the Office of the Borough Clerk.
f.
Reproduction Costs. When the Borough does not have the capability
of reproducing a document for a member of the public entitled to such
copy, the exact reproduction cost charged to the Borough will be passed
on to the requestor, with no further administrative charges added
thereto.
[Ord. #62-0-358; 1967 Code § 37-2; Ord. #79-744;
Ord. #88-114, § 37-2; Ord. #04-Code-482, § II;
Ord. #04-Code-485, § I; Ord. #13-Code-698]
a.
All requests for discovery matters pending in the Oakland Municipal
Court shall be submitted through the Municipal Prosecutor. The following
fee shall be payable by the requestor to the Borough of Oakland for
the discovery provided:
b.
Electronic records, i.e., records sent via email and fax, shall be
provided free of charge.
c.
The actual postage for any discovery sent by mail shall be charged
to the requestor along with $0.20 for the envelope sent by mail.
d.
Records provided in mediums such as computer disc, CD-ROM, DVD, audio
tapes, etc., shall be charged the actual cost of reproducing the medium.
e.
Photographs will be photocopied at the actual cost of reproduction.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
f.
Recordings of telephone calls to the Police Department shall be charged
based upon the actual administrative time to reproduce the telephone
call requested, based upon the actual administrative time, inasmuch
as the reproduction of such audio requests is an extraordinary fee,
since each record is not kept separately.
g.
When the Borough or the Police Department does not have the capability
of reproducing a document, the exact reproduction cost charged to
the Borough will be passed onto the requestor, with no further administrative
charges added thereto.
h.
If the requestor requests an electronic record (1) in a medium or
format not routinely used in the Prosecutor, (2) not routinely developed
or maintained by the Prosecutor; or (3) requiring a substantial amount
of manipulation or programming of information technology, the Prosecutor
may charge, in addition to the actual costs of duplication, a special
charge that shall be reasonable and shall be based on the cost for
any extensive use of information technology, or the labor cost of
personnel providing the service that is actually incurred by the Prosecutor,
or the clerical or supervisory assistance required. Pursuant to Rule
7:7-1, the requestor shall have the opportunity to review and object
to the charge prior to the charge being incurred.
[Ord. #62-0-358; 1967 Code § 37-3; Ord. #88-126,
§ 1; Ord. #95-310, §§ I, II; amended 9-1-2021 by Ord. No. 21-Code-851]
The Collector of Taxes and Water Accounts shall charge:
a.
For the issuance of any duplicate water bill the sum of $2 for each
duplicate bill.
b.
For the preparation of duplicate tax bills:
1.
$5 for a first duplicate copy.
2.
$25 for each additional duplicate copy which may be requested in
the same tax year.
3.
The above set forth fees to be charged may, at the discretion of
the Tax Collector, be assessed to a mortgagee, servicing organization,
or property tax processing organization as such terms are defined
in P.L. 1990 Chapter 69, and upon request for said duplicate tax bill
made in writing to the Tax Collector.
c.
All parties
entitled to redeem a tax lien certificate may request, in writing,
up to two redemption calculations in a calendar year per lien at no
cost. Thereafter, a fee of $50 will be charged for each subsequent
calculation requested of the Tax Collector.
d.
If a tax
sale certificate is lost or destroyed, the Tax Collector may issue
a duplicate certificate of tax sale in place of the one which has
been destroyed or lost, provided that the Governing Body has authorized
the issuance of a duplicate certificate by resolution. A fee of $100
will be charged for any duplicate certificate of tax sale.
[Ord. #62-0-358; 1967 Code § 37-4; Ord. #04-Code-482,
§ III; Ord. #13-Code-698]
For the services hereinafter mentioned, the Clerk of the Municipal
Court of the Borough shall be entitled to demand and receive the following
fees:
a.
For certifying any public document such as complaint, summons, warrant
or any other pleading or legal document: $0.50.
c.
Electronic records, i.e., records sent via email and fax, shall be
provided free of charge.
d.
The actual postage for any document sent by mail shall be charged
to the requestor along with $0.20 for the envelope sent by mail.
e.
Records provided in mediums such as computer disc, CD-ROM, DVD, audio
tapes, etc., shall be charged the actual cost of reproducing the medium.
f.
Photographs will be photocopied at the actual cost of reproduction.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
[Ord. #62-0-358; 1967 Code § 37-5; Ord. #04-Code-482,
§ IV; Ord. #13-Code-698]
For the services hereinafter mentioned, the Secretary of the
Board of Health shall be entitled to demand and receive the following
fees:
a.
For certifying any public document except ordinances in printed form
or booklet form: $0.50 for each certification.
c.
Electronic records, i.e., records sent via email and fax, shall be
provided free of charge.
d.
The actual postage for any document sent by mail shall be charged
to the requestor along with $0.20 for the envelope sent by mail.
e.
Records provided in mediums such as computer disc, CD-ROM, DVD, audio
tapes, etc., shall be charged the actual cost of reproducing the medium.
f.
Photographs will be photocopied at the actual cost of reproduction.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
[Ord. #62-0-358; 1967 Code § 37-6; Ord. #04-Code-482,
§ IV; Ord. #13-Code-698]
For the services hereinafter mentioned, the Secretary of the
Planning Board shall be entitled to demand and receive the following
fees:
a.
For certifying any public document such as a resolution, minutes
or documents: $0.50 for each certification.
c.
Electronic records, i.e., records sent via email and fax, shall be
provided free of charge.
d.
The actual postage for any document sent by mail shall be charged
to the requestor along with $0.20 for the envelope sent by mail.
e.
Records provided in mediums such as computer disc, CD-ROM, DVD, audio
tapes, etc., shall be charged the actual cost of reproducing the medium.
f.
Photographs will be photocopied at the actual cost of reproduction.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
[Ord. #62-0-358; 1967 Code § 37-7; Ord. #04-Code-482,
§ IV; Ord. #13-Code-698]
For the services hereinafter mentioned, the Secretary of the
Board of Adjustment shall be entitled to demand and receive the following
fees:
a.
For certifying any public record such as a resolution, minutes or
document: $0.50 for each certification.
c.
Electronic records, i.e., records sent via email and fax, shall be
provided free of charge.
d.
The actual postage for any document sent by mail shall be charged
to the requestor along with $0.20 for the envelope sent by mail.
e.
Records provided in mediums such as computer disc, CD-ROM, DVD, audio
tapes, etc., shall be charged the actual cost of reproducing the medium.
f.
Photographs will be photocopied at the actual cost of reproduction.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
[Ord. #62-0-358; 1967 Code § 37-8; Ord. #04-Code-482,
§ IV; Ord. #13-Code-698]
For the services hereinafter mentioned, the Secretary of any
other board, agency, or commission of the Borough of Oakland shall
be entitled to demand and receive the following fees:
a.
For certifying any public record: $0.50 for each certification.
c.
Electronic records, i.e., records sent via email and fax, shall be
provided free of charge.
d.
The actual postage for any document sent by mail shall be charged
to the requestor along with $0.20 for the envelope sent by mail.
e.
Records provided in mediums such as computer disc, CD-ROM, DVD, audio
tapes, etc., shall be charged the actual cost of reproducing the medium.
f.
Photographs will be photocopied at the actual cost of reproduction.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
[Ord. #62-0-358; 1967 Code § 37-9]
Nothing herein shall be construed as requiring the above-named
officers to certify or issue any copy of any record unless the same
are public records.
[Ord. #62-0-358; 1967 Code § 37-10]
All sums collected under this section shall be considered the
funds of the Borough and shall be paid by the respective officers
to the Treasurer of the Borough.
[Ord. #62-0-358; 1967 Code § 37-11]
For all services rendered by the Borough Engineer and the Borough
Attorney under any application whereby professional services are rendered
on behalf of any applicant, such services shall be paid by the applicant
to the Borough Engineer and the Borough Attorney whose fees therefor
shall be reasonable.
[1967 Code § 64-1; Ord. #79-759]
The Borough is hereby authorized to participate in the intermunicipal
mutual fire and emergency aid system established by the Northwest
Bergen Mutual Aid Association in accordance with the provisions of
N.J.S.A. 40A:14-156.1, and the Mayor, Administrator and Borough Clerk
be and they are hereby authorized and directed to enter into, execute
and deliver such agreements as may be necessary to implement this
authorization with other municipalities participating in the association.
[1967 Code § 24A-1; Ord. #83-986; Ord. #90-202,
§ 1; Ord. #92-255]
This section shall be known and may be cited as the Regionalized
Services and Cooperating Pricing Ordinance of the Borough of Oakland.
[1967 Code § 24A-2; Ord. #83-986; Ord. #90-202,
§ 2; Ord. #92-255]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq. and
N.J.S.A. 40A:11-15(5), the Mayor is hereby authorized to enter into
a Regionalized Services and Cooperative Pricing Agreement with the
Lead Agency.
[1967 Code § 24A-3; Ord. #83-986; Ord. #90-202,
§ 3; Ord. #92-255]
The Lead Agency entering into contracts on behalf of the Borough
of Oakland shall be responsible for complying with the provisions
of the revised statutes of the State of New Jersey.
[Ord. #85-38, Preamble]
The Borough of Oakland maintains a free public library which,
in concert with other free public libraries in Bergen County, has
been investigating the possibility of providing certain centralized
computer services for such libraries. The libraries have jointly agreed
to specifications for a computerized central inventory and data control
library system (hereinafter, called the "Central System").
The Village of Ridgewood has proposed that it purchase and install
the Central System, as Agent for itself and the other municipalities
(hereinafter, called the Participants), and for such purpose the Village
will adopt an ordinance (the "Bond Ordinance") authorizing it to issue
its bonds and bond anticipation notes in the approximate amount of
$554,400 in accordance with the provisions of the New Jersey Local
Bond Law (the "Local Bond Law") constituting Chapter 169 of the Pamphlet
Laws of New Jersey of 1962 (N.J.S.A. 40A:2-1 et seq.).
The execution of an agency agreement among the Village of Ridgewood
and the Participants is authorized pursuant to the provisions of N.J.S.A.
40:8A-1, the "Interlocal Services Act".
Pursuant to N.J.S.A. 40:0A-1, municipalities are authorized
to create and establish a federation of libraries.
[Ord. #85-38, § 1]
The Mayor and Borough Clerk hereby are authorized to execute
an Interlocal Services Agreement (the "Agreement") with the Village
of Ridgewood, a copy of which is on file in the office of the Borough
Clerk and available for inspection. The Agreement, which is incorporated
herein by reference, sets forth the Borough's obligations regarding
the construction and installation of the Central System and the use
thereof by the Borough Library.
[Ord. #85-38, § 2]
The Mayor and Council of the Borough hereby elect to pay the
Borough's obligations under the Agreement on the Plan.
[Ord. #85-38, § 3]
The Mayor and Council, for the benefit of the citizens of the
Borough, shall appropriate in the Borough's annual budget funds sufficient
to pay the Borough's proportionate share of the operation, maintenance
and debt service expenses incurred in regard to the Central System,
as set forth in the Agreement, and the appropriation shall be considered
as part of the Borough's annual appropriation of funds for library
services.
[Ord. #90-193, § I]
This section shall be known and referred to as the "Public Employees
Award Program".
[Ord. #90-193, § II]
As used in this section:
Shall mean the governing body of the Borough.
Shall mean any and all ordinances of the Borough.
Shall mean any individual who serves as an employee, officer,
or official of the Borough, with or without pay.
[Ord. #90-193, § III]
a.
Establishment and Composition.
1.
A Public Employees' Awards Committee shall be established, which
shall consist of the Borough Administrator and four persons appointed
by the Borough Council, who may be members of the Borough Council
or officers or employees of the Borough.
2.
No two employees of the Borough who serve on the Awards Committee
shall be employed in the same department of the Borough.
3.
Terms of office. Of the four members first appointed to the Committee,
two shall be appointed for terms of two years and two for one year.
Thereafter, appointments shall be made for terms of two years. Members
shall serve for the terms for which they are appointed and until their
successors have been appointed and qualified.
b.
Vacancies. The Borough Council shall fill any vacancy by appointing
a successor for the duration of the unexpired term.
c.
Compensation. Members of the Committee shall serve without compensation.
d.
Meetings. The Committee shall meet and organize as soon as practicable
after the first appointment of members, and thereafter shall convene
at least annually.
e.
Duties and Purposes of the Committee.
1.
The Committee shall recommend, to the Borough Council, the names
of public employees to be given awards in accordance with this section.
2.
The awards shall be designed to promote efficiency and economy in
governmental functions; to encourage and reward meritorious suggestions
and accomplishments; and to honor service to the Borough.
3.
The Committee is authorized to request and shall receive such assistance
as it may require from any department, official, or agency.
4.
The Committee shall be responsible for the formation of programs
and shall have the power to adopt and promulgate rules and regulations
for the conduct and operation of awards programs.
5.
The Committee shall make an annual report to the governing body concerning
the operation of awards programs established pursuant to this Chapter.
[Ord. #90-193, § IV]
Award programs may include awards for suggestions, heroism,
service and other exceptional accomplishments.
[Ord. #90-193, § V]
[Ord. #02-Code-443]
It is the intention of the Borough that the Communications Commission
be an independent board with the primary function of setting policy
for the dissemination of information to the citizens of Oakland.
[Ord. #02-Code-443; Ord. No. 17-Code-755; amended 4-24-2019 by Ord. No. 19-Code-784]
There is hereby established the Borough of Oakland Cable TV
and Communications Commission. The membership shall consist of seven
members, two alternate members, and one nonvoting junior member between
the age of 13 and 18 years of age, all of whom shall be residents
of the Borough, but none of whom may, contemporaneously, be members
of the governing body, and/or full-time employees of the Borough.
[Ord. #02-Code-443; Ord. 17-Code-755; amended 4-24-2019 by Ord. No. 19-Code-784]
a.
The Mayor shall nominate and with the advice and consent of the Borough
Council appoint the members of the Commission, who shall serve for
a period of three years, except the respective terms of office for
the originally appointed members shall be as follows:
1.
Three members shall serve for terms of three years;
2.
Two members shall serve for terms of two years;
3.
Two members shall serve for terms of one year.
4.
One junior member between the age of 13 and 18 years shall serve
for a term of one year. The junior member may serve multiple one-year
terms until such time as the junior member attains the age of 18.
b.
The term of each member, except for the initial term, shall begin
on the first day of January, and each member shall continue in office
until his/her successor shall be appointed.
[Ord. No. 17-Code-755]
The Mayor shall nominate and with the advice and consent of
the Borough Council appoint two alternate members of the Commission,
who shall serve for a period of three years except the respective
terms of office for the originally appointed members shall be as follows:
[Ord. #02-Code-443]
In the event of the resignation of any member of the Commission,
or inability to serve, the Mayor and Borough Council shall fill said
vacancy for the remainder of the unexpired term.
[Ord. #02-Code-443]
a.
The Commission shall elect a Chairman, Vice Chairman, and Secretary
at its organizational meeting in January, which officers shall serve
for a term of one year and remain in office until their successor
is appointed.
b.
The Secretary shall keep minutes of all the meetings of the Commission,
which minutes and copies of official correspondence of the Commission
shall be kept on file in the Office of the Borough Clerk with copies
provided to the Mayor and Borough Council.
[Ord. #02-Code-443; Ord. No. 17-Code-755]
The Commission shall meet at least four times a year in the
Municipal Building as set in its organizational meeting, which meetings
shall be open to the public unless closed to the public by the Commission
pursuant to an exception authorized under the Open Public Meetings
Act. Special meetings may be called by the Chairman on three days'
notice to each member of the Commission. The Commission may make and
amend rules and regulations concerning the conduct of its meetings.
[Ord. #02-Code-443]
The Commission shall have the following powers and duties:
a.
To monitor the performance of the local cable franchise in conformance
with the cable franchise agreement, meet as required with the franchisee
regarding performance, events, content and access and/or recommendation
to the Borough Council with reference to the franchise and any renewal.
b.
To operate and set rules and regulations for a local access channel
(presently Channel 72, Cablevision of Oakland) within the Borough
of Oakland which are to be approved by the Borough Council by resolution,
which resolution may be modified from time to time. Such rules and
regulations shall include but not be limited to access to the equipment
and facility; procedures and criteria for programs and broadcasts;
training and use of volunteers in connection with the operation of
the local cable channel; access by citizens; procedures for posting
of bulletins on the scribe; and other policies and procedures necessary
to operate the channel.
c.
To operate and set rules and regulations which are to be approved
by the Mayor and Borough Council by resolution which resolution may
be modified from time to time, for the Borough's internet website
(presently www.oakland-nj.org) and newsletter within the Borough of
Oakland. Such rules and regulations shall include but not be limited
to access to the website and newsletter, procedures and criteria for
the articles and advertising; recommendations to the Mayor and Borough
Council regarding retention of third parties, if any, to facilitate
the production or enhancement of the website and/or newsletter; access
by citizens; procedures for posting of bulletins on the scribe; and
other policies and procedures necessary to operate the website and
newsletters.
d.
The Borough's newsletter shall be published a maximum of four times
per year, as close as possible to three months between each publication
date.
e.
The Commission shall maintain an inventory in the Office of the Borough
Clerk of the equipment owned by the Borough. The Commission shall
also maintain a separate list of equipment owned by others. The inventory
and list of equipment owned by others shall be kept in the Borough
Clerk's Office.
f.
The Commission shall annually submit a proposed budget to the Borough
Administrator covering any personnel and purchase of equipment and
supplies which shall be subject to review and approval by the Mayor
and Borough Council.
g.
The Commission shall annually submit to the Mayor and Borough Council
an annual report and summary of the programs and activities of the
Commission undertaken during the prior year, and a five year capital
plan.
h.
In determining the rules and regulations for the content of any public
communication by the Borough in its newsletter, website, or cable
television, the Commission shall endeavor to ensure that political
commentary of any type be avoided, it being the express intention
that the substance of the Borough's communication vehicles shall be
informational.
[Ord. #02-Code-443]
The Borough Council shall appoint a one Council Liaison to the
Commission.
[Ord. #02-Code-443]
Nothing contained in this section shall be deemed to contradict or repeal any provision of Chapter 16 of the Revised General Ordinances of the Borough of Oakland, entitled "Cable Television System." Rather, the terms of Chapter 16 are hereby ratified and confirmed, and the terms and provisions of the within section shall be read and interpreted in pari materia. Nevertheless, the Commission shall have the right to recommend to the Council appropriate updating and/or amendments to Chapter 16.
[Added 10-12-2022 by Ord. No. 22-CodeCode-895]
a.
Oakland Television Sponsor Fees.
The Fee shall be determined by multiplying the multiplier listed
to the right of the applicable category associated with the sponsor
by the number listed next to the two available sponsorship tiers.
|
Category
|
Eligibilty
|
Multiplier
|
|---|---|---|
|
Non-Profit Organization
|
For registered non-profit organizations located in the United
States of America
|
1
|
|
Individual & Family
|
For a person, couple, family, etc. that
wishes to be a sponsor that does not own a business
|
2
|
|
Businesses
|
A business located within the United States of America
|
3
|
|
Sponsor Tier
|
Tier Description
|
Number
|
|---|---|---|
|
Perpetual Sponsor
|
Name and/or logo seen on the screen along with a company slogan
or brief sentence for a total of 30 seconds. Tier means you will be
a permanent sponsor of next year's eligible programming so you will
be mentioned as a sponsor any time the program is broadcast in its
original broadcast year and also any time forward if the program will
re-air.
|
400
|
|
Single Year Sponsor
|
Name and/or logo seen on the screen for 15 seconds. Sponsorship
will expire at the conclusion of the calendar year and after that
point, your sponsorship will not be seen on the programs produced
from next year at any point in the future
|
100
|
[Ord. #04-Code-477, § I]
The Mayor and Council of the Borough of Oakland wish to encourage
elected officials, appointees and employees of the Borough to vigorously
perform their respective duties, and litigation and threats of litigation
may lead to concern regarding personal exposure for legal fees and
damages, thus possibly hindering and unduly burdening said elected
officials, appointees and employees in the performance of their official
duties. The Mayor and Council of the Borough deem it in the best interest
of the Borough to eliminate the aforementioned situation by providing
for the defense and indemnification of said elected officials, appointees
and employees.
[Ord. #04-Code-477, § II]
The word "employee" as used in this section shall apply to all
elected officials, appointees, board members and employees of the
Borough of Oakland.
[Ord. #04-Code-477, § III]
Whenever any civil proceeding has been brought against any official
or employee of the Borough for any action or omission within the scope
of the performance of the duties of such office, position or employment,
the Borough, upon request, shall defray all costs of defending such
action, including reasonable counsel fees and expenses, together with
costs of appeal, if any. The official or employee may be indemnified
for all such costs of defense resulting from the official's or employee's
civil violation of State or Federal law if, in the opinion of the
governing body, the acts committed by the official or employee upon
which the claims are based did not constitute actual fraud, actual
malice, willful misconduct or an intentional wrong.
[Ord. #04-Code-477, § IV]
The Borough Attorney or other attorney selected by the Borough
Council shall represent any persons covered by the provisions of this
section.
[Ord. #04-Code-477, § V]
The Borough shall indemnify and save harmless each official
or employee from financial loss resulting from any action described
above in this section, including claims, losses, expenses, judgment,
attorney fees, court costs and expert or technical witness fees, and
any amount paid in settlement thereof and actually and reasonably
incurred in connection therewith to the extent permitted by law. Expenses
thus incurred may be paid in advance of final disposition of the action.
In addition to the foregoing, the official or employee may be indemnified
for exemplary or punitive damages resulting from the official's or
employee's civil violation of State or Federal law if, in the opinion
of the governing body, the acts committed by the official or employee
upon which such damages are based did not constitute actual fraud,
actual malice, willful misconduct or an intentional wrong.
[Ord. #04-Code-477, § VI]
The Borough shall not defray the costs of defending any criminal
action against any employee except as may be authorized by State statute
or other municipal ordinance or resolution of the Borough. Where so
authorized, the responsibility for defraying the cost of defending
such employees shall be applicable only when such criminal proceedings
shall have been dismissed or result in a final disposition in favor
of the employee. However, should the Borough determine that there
is a good cause to dismiss the employee, arising out of the incident
or related incidents of the criminal prosecution, the Borough will
not reimburse the employee or official for legal defense and costs
of defending the suit even though criminal proceedings against the
employee may be dismissed or the employee not found guilty.
[Ord. #04-Code-477, § VII]
Any employee requesting defense of any action or claiming indemnification
under this section shall cooperate fully and in good faith with the
Borough and with any attorneys, adjustors, investigators, or expert
or technical personnel engaged for this purpose in the preparation
and presentation of a defense to such action, or the settlement or
other disposition thereof. If such employee shall neglect, fail or
refuse to cooperate as aforesaid, the Mayor and Council, after hearing
on 10 days' written notice to the employee and for cause, may declare
all rights created under this section for the benefit of such employee
to be forfeited and terminated.
[Ord. #04-Code-474, § I]
There is hereby established an Open Space Trust Fund, which
fund shall be administered by the Mayor and Council.
[Ord. #04-Code-474, § II]
a.
The Mayor and Council are authorized by majority vote to make available
funds for the acquisition of lands, easements and/or development rights
to specified lands in the Borough.
b.
The Borough Council shall determine the amount of funds that the
Council shall make available for each acquisition.
c.
After selection of the lands, easements or development rights as
hereinabove provided, the Mayor and Council may proceed to acquire
by gift, purchase or by eminent domain proceedings pursuant to N.J.S.A.
20:3-1 et seq. the identified lands, easements or development rights
within the financial constraints established by the Borough Council.
[Ord. #04-Code-474, § III]
Editor's Note: Ord. No. 23-Code-920 authorized a binding municipal
referendum on re-continuation of an annual levy for the Open Space
Trust Fund, which was approved by the voters of the Borough of Oakland
on November 5, 2023.
a.
There is hereby established a reserve in the Borough's general capital
fund, which shall be known and designated as the "Open Space Trust
Fund." A separate bank account shall be opened and maintained for
this purpose.
b.
Funds from the account may be used, as directed by the Mayor and
Council, to acquire vacant land, easements and development rights.
Funds from the account may also be used to acquire land which has
improvements upon it at the time of acquisition, provided that the
principal purpose of the acquisition is to preserve open space. In
the event that the Mayor and Council shall find it appropriate to
apportion the cost of acquisition between open space and improvements,
it may do so and charge the Open Space Trust Fund for the approximate
value that they deem appropriate relative to open space and the Borough's
capital account for the value that it determines attributable to improvements.
c.
The Open Space Trust Fund shall be funded through the dedication
to the fund of an amount not to exceed $0.01 per $100 of assessed
valuation for each annual tax levy pursuant to the referendum as approved
by the voters of the Borough of Oakland on November 4, 2003. The fund
shall also be permitted to accept donations and testamentary bequests.
The funds accumulated within the Fund may be utilized for the acquisition
of land, easements and/or development rights as a down payment for
the issuance of bonds for the same purpose, at the discretion of the
Mayor and Council. Any and all interest accruing shall remain in the
fund and may be utilized for the above-described purposes.
[Ord. #04-Code-474, § IV]
No property or interest in land acquired with funds from the
Open Space Trust Fund shall be leased, sold or otherwise disposed
of by the Borough until the disposition has been authorized by the
Mayor and Council after and in accordance with a bonding public referendum.
There are hereby established by the Mayor and Council rules
and regulations regarding persons working with the youth of the Borough.
Criminal history background checks of any person with unsupervised
direct access to minors involved in any youth-serving recreation organization
shall be authorized and shall be required as a condition of using
Borough facilities.
[Ord. #06-Code-528, § 2]
Relative to this "Criminal History Background Ordinance," the
following words and terms shall have the meanings indicated:
Shall mean Borough provision of funding or facilities, including
maintenance of facilities.
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation Identification
Division and the State Bureau of Identification in the Division of
State Police.
Shall mean the Borough of Oakland Police Department.
Shall mean a three member Committee consisting of the Director
of Recreation, Chief of Police and the Borough Administrator or his/her
designee. The Committee shall be charged with the review of all appeals
by any employee or volunteer whose criminal history background check
reveals a disqualifying criminal conviction.
Shall mean recreation run directly by the Borough of Oakland
Recreation Department, including oversight, control and/or fiscal
contribution.
Shall mean to have the direction and oversight of the performance
of others.
Shall mean not supervised or under constant observation.
Shall mean any person involved with a Borough of Oakland
sponsored or cosponsored sports program or league who has regular
unsupervised direct access to minors as a result of a minor's involvement
with the organization.
Shall mean a corporation, association or other organization,
including those with nonprofit status, which provide recreation related
activities or services for persons younger than 18 years of age, in
connection with Borough of Oakland sponsored or cosponsored sports
programs or leagues.
[Ord. #06-Code-528, § 3]
a.
The Borough of Oakland requires that all employees and volunteers
of a youth-serving recreation organization request through the Oakland
Police Department that the State Bureau of Identification in the Division
of State Police conduct a criminal history record background check
on each prospective and current employee or volunteer of the organization.
There shall be a thirty-day grace period for each new employee or
volunteer of the youth-serving organization to make application for
this criminal history record background check. All coaches must have
their fingerprinting and applications completed by the end of the
thirty-day grace period.
b.
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent for the check from the prospective
or current persons with direct unsupervised access to minors.
c.
The Borough of Oakland shall bear the costs associated with conducting
a criminal history background check in accordance with the fees established
by the State Bureau of Identification in the Division of the State
Police and in accordance with N.J.S.A. 15A:3A-2(d).
d.
The Division of State Police shall inform the Oakland Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in subsection 2-19.4 of this section. Any information received by the Oakland Police Department shall be confidential.
e.
Any person who, by virtue of his/her occupation, is required by statute
to undergo a Federal and State criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder until three years has elapsed
since the most current background check.
[Ord. #06-Code-528 § 4]
a.
A person may be disqualified from serving as an employee or volunteer
of a youth-serving recreation organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes and offenses.
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq., such as endangering the welfare of a child;
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
[Ord. #06-Code-528, § 5]
a.
A prospective or current employee or volunteer of youth-serving recreation
organizations shall submit his/her name, address, fingerprints and
written consent to the organization for the criminal history record
background check to be performed. The organization shall submit this
documentation to the Oakland Police Department through the Chief or
his/her designee, who shall cause to be conducted the background check
and refer the information to the State Police and FBI for the initial
check. Thereafter, all subsequent background checks may be conducted
randomly.
b.
The Oakland Police Department shall act as a clearinghouse for the
collection and dissemination of information obtained as a result of
conducting criminal history background checks pursuant to this section.
[Ord. #06-Code-528, § 6]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Review Committee, as authorized by Federal or State
statute, rule or regulation, executive order, administrative code,
local ordinance or resolution, regarding obtaining and disseminating
of criminal history record information obtained under this section.
b.
The Review Committee shall limit its use of ethnical history record
information solely to the authorized person for which it was obtained
and criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons or entities. Any person
violating Federal or State regulations governing access to criminal
history record information may be subject to criminal and/or civil
penalties.
[Ord. #06-Code-528, § 7]
a.
If a criminal history record may disqualify an employee or volunteer
for any purpose, the Review Committee's determination shall be provided
to the employee or volunteer with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The employee or volunteer shall be afforded a reasonable period
of time to correct and complete this record. A person is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated on the record. The New Jersey State Police shall make the
initial recommendation, based solely on the New Jersey State Statutes,
to the Police Department who shall provide the information to the
Review Committee. It shall advise the Review Committee whether or
not the volunteer is being recommended. The Review Committee will
receive a preprinted form on each individual submitted to the State
Police for a background check. One form will be for recommendation
and the other will be for rejection. If there is a rejection, the
Review Committee may still allow the employee or volunteer to participate.
The New Jersey State Police will make a recommendation based on the
record only. It is within the Review Committee's discretion to overturn
the decision of the New Jersey State Police recommendation.
b.
The Review Committee shall promptly notify a prospective or current
employee or volunteer whose criminal history background check reveals
a disqualifying conviction. The person shall have 30 days from the
receipt of that notice to petition the Review Committee for a review
and cite reasons substantiating the review.
c.
Notwithstanding the provisions of subsection 2-19.4 of this section, no person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization on the basis of any conviction disclosed by a criminal history record background check, if the person can affirmatively demonstrate rehabilitation to the Review Committee.
d.
The Review Committee shall promptly advise the organization, in writing,
if a current or prospective employee or volunteer whose criminal history
record background check reveals a disqualifying offense has affirmatively
demonstrated rehabilitation under this section.
e.
This section shall not apply to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection (c) of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to section (a) of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection (b) of N.J.S.A. 2C:24-4; luring or enticing pursuant to section 1 P.L. 1993, c. 291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2 or false imprisonment pursuant to N.J.S.A. 2C:13-3, if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection (b) of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
f.
When the Review Committee receives written notification from the
Police Department stating whether the criminal history background
check of a current or prospective employee or volunteer performed
pursuant to the provision of N.J.S.A. 15A:3A-4 reveals a disqualifying
offense or stating that the person had affirmatively demonstrated
rehabilitation under this Act, the organization or Review Committee
may file that written notification with the Police Department.
g.
The Police Department shall keep the written notification on file
for three years from the date is was issued.
h.
The Review Committee may request the Police Department to review
its files to determine if there is written notification on file stating
whether a criminal history record background check of a current or
prospective employee or volunteer revealed a disqualifying offense
or stating that the person has affirmatively demonstrated rehabilitation
under this Act. A current or prospective employee or volunteer shall
not be required to submit to another criminal history record background
check if such written notification was issued within the past three
years.
i.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Police Department pursuant to the provisions of this section.
[Ord. #06-Code-528, § 8]
Should an employee or volunteer be convicted of a disqualifying crime or offense as specified in subsection 2-19.4 hereof, after he or she has cleared the required background check, that person must immediately (no later than three days after the conviction) notify the Borough Administrator of that fact. That person shall be immediately disqualified from his/her position.
[Ord. #06-Code-528, § 9]
Failure to comply with this section may result in the Borough
withholding funding for the program or league, prohibiting the use
of facilities, and/or prohibiting the use of facility maintenance.
[Ord. #06-Code-541, § I]
a.
There is hereby established a self-insurance health benefits program
for the Borough of Oakland.
b.
The Third-Party Administrator and Risk Manager of the Borough are
hereby charged with the responsibility of operation and administration
of the program.
c.
The Third-Party Administrator and Risk Manager shall be appointed
by the Mayor and Council, pursuant to law.
d.
The Third-Party Administrator and Risk Manager are authorized to
appropriate investment earnings to fund the costs of operation of
the health benefits program.
e.
The Mayor and Council shall, upon advice of the Risk Manager and
Administrator, provide minimum and maximum funding requirements and
assure that same are set forth in the Borough's yearly operating budget.
[Ord. #06-Code-547, § I]
The Borough is hereby authorized to utilize a third-party disbursing
organization to process payroll disbursements on the Borough's behalf
and to enter into appropriate agreements for that purpose. The third-party
entity shall provide services including, but not limited to, preparation
of necessary payment documentation and execution of disbursements
from Oakland's bank account on behalf of the Borough. The Governing
Body shall have the authority to enter into a two-year contract with
the third-party provider, subject to a two-year extension at the Borough's
option.
[Ord. #07-Code-553, § 1]
Persons seeking to be married or joined in civil union by the
Mayor of the Borough of Oakland shall pay to the Borough of Oakland
a fee of $28.
[Ord. #07-Code-553, § 1]
a.
Establishment of Policy. There is hereby established by and within
the Borough of Oakland a subsection setting forth policies and procedures
concerning the payment of and/or reimbursement of expenses incurred
by the Mayor in connection with the performance of wedding and civil
union ceremonies.
b.
Prior Approval Required. The Mayor of the Borough of Oakland shall
not be reimbursed for any expense or expenditure in connection with
performing a wedding or civil union ceremony unless such expenditures
have been approved by the Governing Body before the wedding or civil
union ceremony takes place.
c.
Eligible Persons. The Borough shall reimburse only proper and reasonable
expenses incurred directly by and for the Mayor. Under no circumstances
shall the Borough reimburse expenses or expenditures on behalf of
or as a result of any spouse, child, guest or other person.
d.
Limitation on Expenses. The Borough shall be obligated to reimburse
only those expenses which are reasonable in nature, as determined
by the Governing Body, and related to the purpose of officiating at
the wedding or civil union ceremony.
e.
Car Allowance. The Borough shall reimburse for automobile-related
expenses where the Mayor uses his or her own automobile in order to
attend the wedding or civil union ceremony and only in such circumstances
where the use of a personal automobile is reasonable and appropriate.
Said reimbursement shall be limited to automobile expenses based on
and calculated as to the miles to and from the ceremony at such rate
per mile as allowable by the Internal Revenue Service regulations.
f.
Other Expenses. The Borough may reimburse other expenses or expenditures
based upon whether the same are reasonable in nature and related to
and necessary for the Mayor's attendance at the wedding or civil union
ceremony.
g.
Procedures for Approvals. Before incurring any expenses or expenditures
in connection with officiating at a wedding or civil union ceremony,
the Mayor shall first submit and have approved a proper requisition
form, as determined by the Chief Financial Officer, setting forth
maximum estimates of all expenditures and expenses to be reimbursed
by the Borough. The amounts set forth in the requisition form shall
be the maximum amounts which the Borough is obligated to reimburse.
[Ord. #08-Code-578, Preamble]
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program to provide retirement benefits to various County
and municipal officials.
N.J.S. 43:15C-2 requires the governing body of each County,
municipality, and other local entity to adopt, as appropriate, either
a resolution or ordinance to determine the positions that are substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State, pursuant to guidelines or policy that
will be established by the Local Finance Board in the Department of
Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law.
The Mayor and Borough Council of the Borough of Oakland has
considered the guidelines issued by the Local Finance Board.
[Ord. #08-Code-578, §§ 1 - 5]
a.
On and after July 1, 2007, newly appointed officials in the Borough
must enroll in DCRP, not PERS, if the position requires the specific
consent and/or approval of the elected Governing Body. Borough employees
appointed to a position by elected officials, such as Mayoral appointments,
or appointments made with the "advice and consent" of the Council
shall also be DCRP positions.
b.
An appointed official in the Borough who is already enrolled in the
PERS prior to July 1, 2007, based on an elected and/or appointed office,
will remain a PERS member while in that office/position. If, however,
on or after July 1, 2007, there is a break of service in that office/position
(as defined by law) or the official is elected to a different elected
office, the official will be enrolled in the DCRP and cannot continue
with PERS membership in the newly elected office/position. In addition,
an individual may not be required to enroll in DCRP if that individual
has been appointed pursuant to a valid promotional process; or is
appointed on a temporary, interim or "acting" basis to a position
requiring State certification as set forth in paragraph d herein,
and is in pursuit of the required certification; or meets other exceptions
that may be approved by the Local Finance Board or the Division of
Pension and Benefits.
d.
Individuals serving in the following positions are exempt from Defined
Contribution Retirement Program membership, pursuant to N.J.S. 43:15C-2.
1.
Tax Collector;
2.
Chief Financial Officer;
3.
Construction Code Official;
4.
Tax Assessor;
5.
Registered Municipal Clerk;
6.
Licensed Uniform Subcode Inspector;
7.
Principal Public Works Manager.
|
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:14C-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. #09-Code-605, § I]
The following rules, regulations and standards shall govern
the placement of advertising signage on property owned by the Borough.
a.
The Borough Council shall have full discretion to approve any and
all locations and type of signage upon which advertising is sought
to be placed.
b.
The Council shall also have discretion to preapprove the content
of all advertising signage. In this regard, third party advertisers
shall be limited to the name of the business, club or individual,
with a minimum of content-neutral related business information such
as address, telephone number, business logo or type of business.
c.
All advertising shall be openly and publicly solicited. Either the
Recreation Department or the Borough Administrator shall advertise
requests or availability for advertisements on the Borough's website,
the Borough's official newspaper and/or the Borough's television station.
The Borough shall solicit requests for such advertisement by sealed
bids, at a minimum price set by the Borough Council. The highest bidder
for the advertising space, which meets all other content criteria
set forth in the section, shall be awarded the advertising space.
The solicitation for advertisers shall last for a minimum of 10 days.
d.
The Council shall approve the size and placement of all proposed
advertising, upon the submission of an as-scale rendering prepared
by the advertiser.
e.
The Council shall approve the rental fee to be paid by prospective
advertisers. The rental fee need not be uniform for each signage advertisement,
as the Council recognizes that supply and demand may determine the
rental rate; that the location of certain signage may be superior
to others; that the placement on each location may be more desirable,
etc.
f.
The term of the signage advertising shall be a minimum of one year.
The Council may, in its discretion, consider a longer term.
g.
The payment of the rental fee, for the term agreed upon, shall be
made in full prior to the installation of the signage.
h.
The type of material of the signage and the manner of affixing same
to the Borough property shall be preapproved by the construction office,
so as to assure that the signage is easily capable of being installed
and removed without any damage or impairment to the scoreboard or
other Borough property, to which the advertising signage is to be
affixed.
i.
The prospective advertiser shall execute a written agreement to rent
advertising space, which agreement shall memorialize the location
of the signage, the size of the signage, the term of the rental of
advertising space, the rental fee, and the fact that the Borough shall
maintain the signage, but shall not be responsible for fading, discoloring
or enhancement of the signage during the term of the agreement.
[1]
Editor's Note: Former Section 2-25, Awarding of Public Contracts;
Restrictions, containing portions of Ordinance No. 12-Code-669, was
repealed in its entirety 9-27-2023 by Ord. No. 23-Code-928.
[Ord. No. 14-Code-708]
In compliance with N.J.S.A. 52:14-15a et seq., any person holding
public office, position or employment within the Borough ("employee")
desiring to have his/her compensation directly deposited, shall advise
the Chief Financial Officer, in writing, of that election. Any Borough
employee who desires that his/her compensation shall not be directly
deposited, shall also notify the Chief Financial Officer of that decision,
in writing.
The provisions of this section, in accordance with the prior
policy and procedure of the Borough, shall be retroactive to January
1, 2014.
[Ord. No. 17-Code-751 § 1]
Pursuant to P.L. 1990, Chapter 105, there is hereby established
a service charge for checks or other written instruments tendered
to the Borough which are returned for insufficient funds.
[Ord. No. 17-Code 751 § 2]
Whenever payment on an account owing to the Borough if tendered
by check or other written instrument which is returned for insufficient
funds, there shall be a service charge of $20 collected and added
to the amount due and owing on the account.
[Ord. No. 17-Code-751 § 3]
Whenever an account owing to the Borough is for a tax or special
assessment, the service charge authorized by this section shall be
included on the list of delinquent accounts prepared for the enforcement
of the lien.
[Ord. No. 17-Code-751 § 4]
Unless waived by the Chief Financial Officer, all future payments
on the account owing to the Borough for which a check or other written
instrument was returned due to insufficient funds shall be tenured
in cash or by certified or cashier's check.
