[New]
This chapter shall be known and may be cited as the Administrative
Code of the Borough of Cliffside Park and is herein referred to as
the code.[1]
[1]
Editor's Note: Cliffside Park is governed under the borough
form of government outlined in Chapters 86-94 of Title 40 of the Revised
Statutes. The administrative code has been drafted in conformity with
borough law and in many instances provisions have been restated. Other
enabling laws relevant to this chapter are R.S. 2A:9-7, et seq., Municipal
Court; Board of Health, R.S. 26:3-1, et seq.; Planning Board, R.S.
40:55-1.1, et seq.; Zoning Board of Adjustment, R.S. 40:55-36. General
authority to regulate the internal affairs of the borough, R.S. 40:48-2.
[New]
The council shall consist of the mayor and six councilmen, all
of whom shall be elected at large in the borough and take office in
the manner provided by law. Their term of office shall commence January
1 next following their election.
[New]
Pursuant to the borough law, a vacancy occurring in the office
of the mayor, whether by resignation or otherwise, shall be filled
by the council until the next general election and until the election
and qualification of a successor. At such next general election the
person elected to fill such vacancy shall be elected for the unexpired
term only. All vacancies in other elected offices shall be filled
by nomination of the mayor and appointment by him, with the advice
and consent of the council members 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
1st following the next general election.
If such vacancies shall occur at so short a period of time before
the next general election that the office cannot be filled at the
election, the vacancy shall be filled in the same manner as though
it had occurred immediately after the election at the next subsequent
general election for such portion of the term, if any, as may still
remain unexpired. At such next general election the person elected
to fill the vacancy shall be elected for the unexpired term only.
[New]
The council shall by resolution adopt rules of procedure not
inconsistent with this code. The rules shall provide for standing
committees of the council.
[New]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled or codified.
[New]
The council shall meet for organization on the 1st day of January,
or during the first seven days in January in any year at the call
of the incoming mayor. Thereafter, the council shall meet regularly
within the borough at such times and places as provided by the rules
of the council. 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. In all cases of special meetings, 24
hours written notice (or actual voice contact) shall be given to all
members of the council. Written notice may be by leaving such notice
at their places of residence.
[New; Ord. No. 5-88]
The mayor shall preside over all meetings of the council but
shall not vote except to give the deciding vote in the case of a tie.
Except as otherwise provided by statute, the mayor shall nominate
and, with the advice and consent of the council, appoint all officers
in the borough. No appointments requiring council approval and confirmation
shall be made except by a majority vote of the council members 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 such 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 30 days, the council
shall appoint the officer.
The mayor shall see that the laws of the state and the ordinances
of the borough are faithfully executed, and shall recommend to the
council such measures as he may deem necessary or expedient for the
welfare of the borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the borough.
The mayor shall supervise the conduct and acts of all officers
in the borough and shall execute all contracts made on behalf of the
council.
The mayor and council shall be designated as hearing officers,
with no less than five members of the governing body present, to hear
and determine disciplinary proceedings brought in connection with
alleged violations of the rules and regulations adopted and promulgated
for the Cliffside Park police and fire departments.
[New]
At an organizational meeting the 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
meeting fails to elect a president, the mayor shall appoint the president
from the council and in that case no confirmation shall be necessary.
If the mayor is absent from the borough for a period of three consecutive
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 such intended absence, whereupon the president shall become acting
mayor from the receipt of such notice and continue to act until the
mayor's return. In case of the temporary inability of the president
to so act, the council member having the longest term of service as
such may act temporarily for the president.
[Added 4-5-2022 by Ord. No. 2022-02. The Board of Health,
previously codified herein, was abolished by Ord. No. 2022-02. Prior
history includes Ord. No. 2-1 – 2-5.]
[Added 4-5-2022 by Ord.
No. 2022-02]
The Mayor annually at reorganization or soon thereafter, shall
appoint members to the Board of Health Commission consisting of one
to two Council people and three or four members of the municipality
at large or municipal employees for a total of not less than five
nor more than seven members of the Commission. The Borough Attorney
shall be responsible to serve as Counsel to the Commission.
[Added 4-5-2022 by Ord.
No. 2022-02]
The Council does hereby adopt all Board of Health Ordinances,
BH:1-2 through BH:12-9.6 in its entirety as the Bylaws and regulations
controlling the Board of Health Commission all further by-laws and/or
regulations shall be adopted by a super majority vote of the Commission.
[Added 4-5-2022 by Ord.
No. 2022-02]
If any applicant is dissatisfied with the decision of the Board
of Health Commission, their legal remedy shall be to file a Prerogative
Writ Action with the New Jersey Superior Court.
[Added 4-5-2022 by Ord.
No. 2022-02]
All other Board of Health requirements are to be outsourced
to the Mid Bergen Regional Health Commission or any other entity the
municipality may deem appropriate.
[Ord. No. 2-6]
The mayor and council deem it desirable, in the public interest,
for the borough residents to be informed of the actions and activities
of the mayor and council and the various departments, boards, bureaus
and agencies of the borough.
[Ord. No. 2-7]
There is hereby created a bureau of public information.
[Ord. No. 2-8]
There is hereby created the office of director of the bureau
of public information. The appointment of such director by the mayor,
with the advice and consent of the council, is hereby authorized.
[Ord. No. 2-9]
The term of office of the director shall be for a period of
one year commencing January 1st, in the year of his appointment. He
shall receive no compensation for his services except that he shall
be reimbursed for necessary expenses incurred in the discharge of
his duties.
[Ord. No. 2-10]
The director of the bureau of public information shall collect,
collate, prepare and disseminate, to the borough residents and to
the press and public, information concerning the affairs of the borough,
its mayor and council, and the various departments, boards, bureaus
and agencies.
[Ord. No. 2-11]
The dissemination of public information to the borough residents
shall be at such times and in such manner and at such cost or expense
as the mayor and council may determine by resolution. The cost and
expense shall be paid for out of the appropriation made therefor in
the annual budget.
[Ord. No. 2-12]
The mayor and council and all departments, boards, bureaus and
agencies of the borough shall cooperate with the director and assist
in effectuating the purposes of this section.
[Ord. No. 17-82]
The position of public defender is hereby created in the Borough
of Cliffside Park for the rendering of necessary legal services on
behalf of defendants in the Municipal Court of Cliffside Park, determined
by the court after suitable inquiry to be indigent and qualifying
for such legal services without cost.
[Ord. No. 17-82]
The term of office of the public defender shall commence on
January 1st and terminate on December 31st of each year, unless removed
from office for good cause shown.
[Ord. No. 17-82]
The public defender shall be appointed by the mayor, with the
advice and consent of the borough council, with the incumbent holding
over until such new appointment is made.
[Ord. No. 17-82]
Remuneration for the services of the public defender shall be
as provided by the mayor and council of the Borough of Cliffside Park.
[Ord. No. 6-94]
In the event that a person appearing before the municipal court
of the Borough of Cliffside Park applies for representation by a municipal
public defender, it shall be a requirement for such appointment that
any such person applying for representation by a municipal public
defender shall pay an application fee of fifty ($50.00) dollars to
the municipal court of the Borough of Cliffside Park. The municipal
court may waive any required application fee, in whole or in part,
if the court determines, in its discretion, that the application fee
represents an unreasonable burden to the person seeking representation.
[1]
Editor's Note: See Section 18A-7 for properties designated
for redevelopment pursuant to N.J.S.A. 40A:12A-1 et seq.
[Ord. No. 3-99, S1]
The mayor and council of the Borough of Cliffside Park is hereby
designated as the "Redevelopment Agency for the Borough of Cliffside
Park" pursuant to the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq., as amended and supplemented.
[Ord. No. 3-99, S2]
The powers of the mayor and council to perform its legislative
functions relating to redevelopment in the Borough of Cliffside Park
shall, in addition to those powers set forth in N.J.S.A. 40A:12A-8,
include but not be limited to the following:
a.
To transfer land owned or acquired in a designated redevelopment
area to any person or entity at its fair value as determined by mayor
and council, for the uses and in accordance with the purposes specified
in the redevelopment plan applicable to said area and pursuant to
law.
b.
To make, review, modify and approve contracts with and/or plans of
registered architects, licensed professional engineers and/or planners
for the implementation of any redevelopment plan or project.
c.
To make, review, modify and/or approve contracts with public agencies
or private enterprises or redevelopers and to provide, as part of
any such contract, for the extension of credit or making or accepting
loans, grants or donations to or from redevelopers for the financing
of redevelopment work.
d.
To make, review, modify and/or approve contracts with private parties
or public agencies for the opening, grading, improvement or closing
of streets, roads, roadways, sidewalks, alleys or other places or
the acquisition by the borough or other public agencies of property
rights or options, including contracts for the furnishing of property
or services in connection with the redevelopment plan.
e.
To make, review, modify and approve contracts with public agencies,
to the extent and within the scope of the agencies' functions, to
cause the services customarily provided by said agencies to be rendered
for the benefit of the residents of the redevelopment area, and to
have such agencies provide and maintain related municipal facilities
adjacent to or in connection with the redevelopment area.
f.
To conduct examinations and investigations, including the power to
hear testimony and take proof under oath at public or private hearings
of any material matter, to require attendance of witnesses and the
production of books and papers, to take affidavits and to issue commissions
for the examination of witnesses who are out-of-state, unable to attend
or excused from attendance.
g.
To formulate policy decisions and undertake necessary or proper action
as to the settlement, compromise or other disposition of litigation
arising from the redevelopment area and project, including the payment
of claims and related activities.
h.
To review, modify and approve the selection of the redevelopers to
perform redevelopment activities upon any project and all plans for
the redevelopment projects.
i.
To formulate policy decisions relating to the design, modification
or construction of public roadways which are a part of or affected
by any project, retaining walls included in any project area and off-site
parking facilities.
j.
To require any municipal officer, in his/her discretion, to prepare
and submit statements regarding said officer's official duties and
the performance thereof and otherwise investigate the conduct of any
department, office or agency of the municipal government, as said
conduct relates to any redevelopment project.
k.
To undertake any and all additional activities necessary or proper
to carry out its own powers and functions.
[Ord. No. 3-99, S3]
The powers of the mayor to perform his/her executive functions
relating to the redevelopment of the Borough of Cliffside Park shall
include, but not be limited to, the following:
a.
To enforce the laws and ordinances applicable in the municipality
as they affect the redevelopment project.
b.
To report to the borough council and public on the status and progress
of the redevelopment project and on such applicable conditions and
requirements of any nature as may bear upon the continuing redevelopment
activities of the project.
c.
To make such recommendations for action by the borough council as
may be deemed to be in the public interest.
d.
To supervise all activities of the departments of the municipal government
as said activities bear upon the functions and activities of the redevelopment
project.
e.
To require each department of the municipal government to prepare
and submit reports with regard to those activities of any redevelopment
project.
f.
To exercise those powers afforded by law to attend meetings of the
borough council and take part in borough council conferences as such
meetings and conferences relate to the redevelopment project.
g.
To supervise the redevelopment officer in accordance with the administrative
code.
h.
To establish the redevelopment policy for the municipality.
i.
To supervise the selection of redevelopers in accordance with the
regulations established by the borough council and to recommend redevelopers
for approval by the borough council.
j.
To review contracts with redevelopers and contracts for professional
services and to refer said contracts to the borough council for approval.
k.
To undertake any and all additional activities necessary or proper
to carry out his/her powers and functions.
[Ord. No. 3-99, S4]
The borough council may, but shall not be required to, establish
an office of redevelopment. Such office shall be managed by a person
appointed by the mayor and confirmed by the borough council. The redevelopment
manager shall be assisted by staff or consultants to the extent required.
The redevelopment manager may be an existing borough employee who
is assigned redevelopment responsibilities.
[Ord. No. 3-99, S5]
Subject to applicable laws and ordinances, the redevelopment
manager shall exercise the following powers and duties under the supervision
of the mayor and borough council.
a.
To be the executive officer in charge of redevelopment activities,
including the preparation and modification of the redevelopment plan
required by N.J.S.A. 40A:12A-7 et seq.
b.
To have full charge and management of the redevelopment office and
of the employees and consultants in said office.
c.
To keep accurate records of books of account of all redevelopment
transactions.
d.
To prepare budget recommendations for the redevelopment office.
e.
To have full charge and management of the redevelopment properties
and equipment.
f.
To prepare and present to the mayor and borough council short and
long-range planning recommendations for the improvement of redevelopment
activities.
g.
To coordinate redevelopment activities with the work of other departments
and officers of the Borough of Cliffside Park.
h.
To keep the mayor and borough council apprised of the redevelopment
activities of the municipality and to coordinate the activities of
redevelopment planners and consultants and to establish progress schedules
of redevelopment activity.
i.
To prepare written reports of all redevelopment activities of the
Borough of Cliffside Park undertaken with regard to any redevelopment
project during the relevant period. Said reports shall be provided
to the borough council on or before the final day of each month. Said
reports shall adequately summarize and describe the redevelopment
activities undertaken and shall include a discussion of recommended
future actions under consideration. The reports shall also describe
activities relating to present or future tenants of the redevelopment
area and activities undertaken with any other authority, board or
agency relating to the redevelopment project.
j.
To undertake any additional activities necessary or proper to carry
out his/her powers and duties.
[Ord. No. 2-30]
The mayor and council deem it desirable to:
a.
Coordinate and integrate community plans and services, governmental
and voluntary, affecting the welfare of all children and youth in
the community.
b.
Protect children who are especially exposed to conditions conducive
to delinquency.
c.
Coordinate and integrate community plans for the control of harmful
influences in the community.
d.
Afford juveniles with incipient behavior problems an opportunity
for the resolution thereof and for proper self-adjustment through
guidance and counsel and thus be saved from the necessity of a court
appearance with the stigma it entails.
e.
Keep the youth of the borough occupied with healthy, recreational
and educational activities in a clean, moral and law-abiding atmosphere
so as to help in preventing or minimizing occasions of temptation
to fall into delinquent ways, which may arise through idleness.
[Ord. No. 2-31]
Pursuant to the provisions of R.S. 9:22-1, et seq., a municipal
youth guidance council is hereby created, which shall be known as
the "Municipal Youth Guidance Council of the Borough of Cliffside
Park."
[Ord. No. 2-32]
The municipal youth guidance council shall consist of seven
members, all of whom shall be borough residents. They shall be appointed
by the mayor with the advice and consent of the council. The membership
shall include at least one representative of the borough council,
one representative of the school system, and one representative of
the borough police department.
[Ord. No. 2-33]
Members of the municipal youth guidance council shall be appointed
to serve for a term of three years or until their successors are appointed,
with the exception that the terms of the original membership of the
council shall be so constituted as to provide that three of the members
shall serve for one year, two for two years and three for three years.
[Ord. No. 2-34]
The municipal youth guidance council shall have such powers
and duties as are conferred and imposed upon it by R.S. 9:22-1 et
seq.
[Ord. No. 2-35]
When requested by the municipal youth guidance council for the
assignment to it of a superior officer of the police department to
assist the council in performing its athletic, recreational and education
activities, the chairman of the public safety committee of the borough
council shall assign for such purposes a superior officer of the police
department. The officer so assigned to the municipal youth guidance
council may be reassigned at any time for other police duties by the
chairman of the public safety committee of the borough council, but,
upon such reassignment, appropriate replacement of the officer so
assigned shall be made to the municipal youth guidance council.
[Ord. No. 2-36]
An appropriation shall be made in the annual budget to make
available to the municipal youth guidance council such sums of money
as may be deemed necessary by the mayor and council to defray its
expenses and the expenses of the activities sponsored in behalf of
the youth of the borough.
[Ord. No. 2-21-67, Preamble]
a.
There exists in the borough unsanitary or unsafe dwelling accommodations
and persons of low income are forced to reside in such accommodations;
and in the borough there is a shortage of safe or sanitary dwelling
accommodations available at rents which persons of low income can
afford and such persons are forced to occupy overcrowded and congested
dwelling accommodations; and the aforesaid conditions cause an increase
in and spread of disease and crime and constitute a menace to the
health, safety, morals and welfare of the borough residents and impair
economic values; and those conditions necessitate excessive and disproportionate
expenditures of public funds for crime prevention and punishment,
public health and safety, fire and accident protection, and other
public services and facilities.
b.
These areas in the borough cannot be cleared, nor can the shortage
of safe and sanitary dwellings for persons of low income be relieved,
through the operation of private enterprise, and the construction
of housing projects for persons of low income, as defined in the Local
Housing Authorities Law, would therefore not be competitive with private
enterprise.
c.
The clearance, replanning and reconstruction of the areas in which
unsanitary or unsafe housing conditions exist and the providing of
safe and sanitary dwelling accommodations by any public body for persons
of low income are public uses and purposes for which public money
may be spent and private property acquired and are governmental functions.
[Ord. No. 2-21-67, S1]
Pursuant to the provisions of the "Local Housing Authorities
Law" as amended of the State of New Jersey, a body corporate and politic
to be known as the "Housing Authority of the Borough of Cliffside
Park" is hereby created and established.
[Ord. No. 2-21-67, S2]
The clerk is hereby authorized and directed to file a certified
copy of this section with the Commissioner of the State Department
of Environmental Protection.
[Ord. No. 14-1]
There is hereby established a municipal court to be known as
the "Municipal Court of the Borough of Cliffside Park."
[Ord. No. 14-2]
The municipal court shall have a seal, which shall bear the
impress of the name of the court.
[Ord. No. 14-3]
There shall be a municipal judge who shall be appointed by the
mayor, with the advice and consent of the council. The judge shall
serve for a term of three years from the date of his appointment and
until his successor is appointed and qualified.
[Ord. No. 14-4]
The judge shall be compensated by an annual salary in lieu of
any and all other fees, costs and allowances.
[Ord. No. 14-5]
A clerk of the court may be appointed by the mayor, with the
advice and consent of the council. The clerk shall serve for a term
of one year from the date of his appointment and until his successor
is appointed and qualified. He shall receive an annual salary in lieu
of any and all other fees, costs and allowances.
The clerk shall perform such functions and duties as shall be
prescribed by law, the rules applicable to municipal courts and by
the municipal judge.
[Ord. No. 14-6]
The municipal court shall be held in the council chambers of
the borough hall, located at Jersey and Palisade Avenues, Cliffside
Park, New Jersey, or at such other place in the borough hall as may
be designated by the mayor and council. The judge shall sit at regular
stated intervals and at such other times as the business of the court
may require subject to the rules applicable to municipal courts.
[Ord. No. 6-14]
In addition to any salary provisions the mayor and council may,
by resolution, undertake the temporary employment of additional personnel
for proper municipal purposes and also fix appropriate, temporary
salaries or other compensation for the services rendered.
[Ord. No. 6-15]
The salaries or other rates of compensation of all borough officers
and employees and all fire and police department officers and members
shall be paid on a weekly basis.
[Ord. No. 6-16]
Subsection 2-13.2 shall not be construed to alter, change, increase or diminish any annual rate of compensation.
[Ord. 5-4-69]
a.
All officers and employees of the borough shall be entitled to be
enrolled in a group plan of hospitalization, medical-surgical insurance,
and major medical insurance for themselves, their husbands or wives
and dependent children as said dependent children may be defined in
the aforesaid group plan.
b.
The cost for the group insurance plan for the officers and employees
shall be paid by the borough.
c.
The officers or employees are to qualify for the group insurance
plan as follows:
1.
All such officers or employees shall be on the payroll of the borough
by June 1, 1969, and shall be eligible forthwith.
2.
All such officers or employees described above, employed subsequent
to June 1, 1969, shall be eligible immediately upon acceptance by
the insurance company providing the group insurance plan.
3.
An employee on leave of absence without pay, who has been covered
by the group insurance plan shall not be covered at the expense of
the borough during such leave. If such employee desires to continue
coverage, he shall pay to the borough in advance, the amount of the
insurance premium for the entire period of his leave of absence without
pay.
4.
Any officer or employee whose status is not clearly defined by this
subsection and who desires to join the group insurance plan shall
not be eligible unless his application is approved by the mayor and
council by resolution.
[Ord. 5-3-66, S1]
The borough hereby grants to the full time employees of the
sanitation department, department of public works, paid fire department
and police department a uniform and clothing allowance of one hundred
($100.00) dollars annually, the payment to be made on the first day
of July.
[Ord. No. 2013-04]
a.
Purpose. The borough administrator and all department heads have
recommended to the council that the borough should implement a Limited
Duty / Return to Work Policy.
An early return to work policy supports the general well-being
of the borough's employees and helps to promote a positive mental
outlook towards recovery.
The utilization of Limited Duty / Return to Work will result
in a significant reduction in overtime costs; and
The council does hereby adopt the following procedural requirements.
b.
After a borough employee sustains a work related injury, the treating
physician shall return the employee to work in a limited duty capacity,
with a list of tasks that the employee is unable to perform, except
in the specific instances when the treating physician determines that
the employee is incapable of performing any limited duty job related
responsibilities and cannot return to work.
c.
There shall be four limited duty job classifications as follows:
1.
Class 1. Heavy physical activity - manual labor, including but not
limited to outside construction work, driving large construction type
vehicles, frequent lifting in excess of 50 pounds, often combined
with bending and twisting, this category would also include police
patrol, fire and rescue type activities.
2.
Class 2. Moderate physical activity, such as inside mechanical work,
painting, standing, walking, bending, stooping, squatting, twisting
and reaching. Working on irregular surfaces, no lifting of objects
over 50 pounds, frequent bending, twisting working above ground on
irregular surfaces.
3.
Class 3. Administrative and/or limited physical work such as storeroom
work, light bench or table work. Work is fairly active, but with at
least part of the time at a desk; table or bench. Involves occasional
light lifting (20 pounds or less), considerable walking, bending,
stooping and squatting.
4.
Class 4. Administrative work in which employee sits at a desk, filing,
answering phones and work of a general administrative nature.
d.
Conditions for Returning to Limited Duty.
1.
Upon review of the limited job duty job classification and considering
the limitations upon the injured borough employee, the treating physician
will outline the classifications in which the employee can perform
and will prepare a Medical Authorization For Limited Duty or Absence
Due To Injury Form. The treating physician shall immediately schedule
a date for re-examination or return to normal duties.
2.
Upon receipt of this information, the borough administrator and the
borough employee's department head will assign duties to that individual
for the limited duty period.
3.
The borough employee shall be entitled to regular rate of pay while
performing in a limited capacity. In no instance will the employee
receive less than his present salary.
4.
Upon conclusion of the limited duty period, as determined by the
treating physician, revert to his or her regular position or comply
with the treating physician's recommendation.
5.
It shall be the borough employee's responsibility to deliver to,
or cause to be delivered to the borough department head, the completed
Medical Authorization For Limited Duty or Absence Due To Injury Form,
signed by the treating physician. Said form shall be delivered by
the borough employee or his or her designee within 24 hours from the
time of the visit and determination and thereafter per the treating
physician examination requirements. Failure to comply will subject
the borough employee to unauthorized time off for the period in question.
Note: The authorized medical Authorization Form for Limited
Duty or Absence Due to Injury may be found on file in the borough
offices.
[Ord. 3-21-60, S1]
Pursuant to the provisions of R.S. 40: 23-6 to R.S. 40:23-6.29
and R.S. 40:23-6.34 to R.S. 40:23-6.37, the borough is hereby authorized
to enter into contracts with the County of Bergen for the joint use
by the borough and other municipalities in the County of Bergen, of
administrative services and facilities of the office of purchasing
agent of the County of Bergen appropriate to the procurement of certain
materials, supplies and equipment which may be determined to be required
by the borough and which the borough may otherwise lawfully purchase
for itself. The services and facilities of the office of county purchasing
agent shall be provided without cost to the borough.
The proper officials are hereby authorized and empowered to
execute on behalf of the borough, all such contracts with the County
of Bergen as may be authorized and approved by resolution of the mayor
and council.
[Ord. No. 3-21-60, S1]
There is hereby established a position of director of recreational
activities in the borough.
[Ord. 3-21-60, S2]
The director of recreational activities shall be appointed by
the mayor, in his discretion with the advice and consent of the council.
He shall be paid an annual salary.
[Ord. 3-21-60, S3]
The director of recreational activities shall perform such duties
as directed by the mayor, with the approval of the council which shall
include an activity program for children, young people and adults
including crafts, hobbies and dances and shall also include the making
of arrangements for scheduling of meetings for various civic groups,
utilizing borough facilities and other facilities available for use
in connection with the recreational program. The director shall have
the responsibility of evaluating recreational activities in the light
of community needs, interest and facilities. He shall exercise judgment
and ingenuity in the direction of the recreational programs and in
interpreting the needs and desires of the public. He shall plan, organize,
direct and develop borough recreational activities suitable for all
age groups on a year-round basis and he shall cooperate with interested
private organizations and groups in planning and developing recreational
activities. He shall prepare budget estimates and shall submit periodic
and annual reports. He shall perform related work as required by the
mayor with the advice and consent of the council. In addition to other
duties hereinabove set forth the director shall establish and supervise
outdoor and indoor sports for all groups of persons including, but
not by way of limitation, football, basketball and baseball and shall
arrange for the full utilization of available gymnasiums and other
like facilities.
[Ord. 8-1-72, S2]
The housing inspector shall be appointed by the mayor with the
advice and consent of the council and shall hold office from the date
of his appointment to December 31, 1972, and shall be annually appointed
thereafter, which appointment shall commence on January 1 and expire
on December 31.
[Ord. 8-1-72, S3]
The duties of the housing inspector shall be those outlined
in the contract between the Department of Community Affairs of the
State of New Jersey and the mayor and council which contract is dated
May 1, 1972. The housing inspector shall be paid a salary to be established
by resolution or ordinance.
[Ord. No. 2-77; Ord. No. 2012-03; Ord.
No. 2013-01; Ord. No. 2013-10; amended 5-12-2020 by Ord. No. 2020-02]
The police department shall consist of one chief, who shall
be the highest uniformed officer in the borough; one deputy chief
who shall be the second highest ranking uniformed officer in the borough;
one to three captains; one to six lieutenants; one to fifteen sergeants;
one to ten detectives, all senior ranks sergeant, lieutenant and captain
may hold dual ranks (i.e. detective sergeant, etc.) and as many police
officers and such other employees as the council may from time to
time deem necessary and proper to effectively run the department.
[Ord. No. 2-77]
b.
Each division shall be composed of such personnel as shall be assigned
by the mayor with the advice and consent of the council, which personnel
shall perform their duties under the supervision of the commissioner
of police and such other persons as may be delegated to exercise such
supervision.
[Ord. No. 15-1]
As used in this section:
Shall mean but not by way of limitation, all of the members
of the paid police department of the borough, including all officers
thereof.
[Ord. No. 15-3]
The member of the borough council serving as chairman of the
public safety committee shall be the police commissioner of the borough.
He shall serve in this capacity without compensation.
[Ord. No. 15-4]
The powers and duties of the chief of police shall, among others,
be as follows:
a.
He shall cause the public peace to be preserved and all laws and
ordinances relating thereto to be properly enforced.
b.
He shall cause the members of the police department to obey the rules
and regulations promulgated by the borough council.
c.
He shall, in case of riot, insurrection of threats thereof, take
personal command of the movements and operations of the members of
the police department, and those persons called to their aid, in discharging
their respective duties.
[Ord. No. 2-77; Ord. No. 2013-10]
The deputy chief of police shall be the second highest ranking
officer in the police department; he/she shall be directly responsible
to the chief of police subject to the direction of the chief the deputy
chief shall:
a.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
b.
Have, exercise and discharge the functions, powers and duties of
the force;
c.
Prescribe the duties and assignments of all subordinates and other
personnel;
d.
Delegate such of his/her authority as he/she may deem necessary for
the efficient operation of the force to be exercised under his/her
direction and supervision; and
e.
Report monthly to the chief of police in such form as shall be prescribed
by such authority on the operation of the force during the preceding
month, and make such other reports as may be requested by such authority.
f.
In the absence of the chief of police for any reason whatsoever the
deputy chief shall report directly to the mayor and council.
[Ord. No. 2013-10]
Consistent with N.J.S.A. 40A:14-118 et seq., there shall exist
in the police department a designation known as "appointed detective."
The mayor with the consent the council may permanently designate as
a permanent title "appointed detective" to no more than three ranking
officers.
The permanent designated detective titles are as follows:
a.
Detective Captain.
b.
Detective Lieutenant.
c.
Detective Sergeant.
|
Any "appointed detective" shall be considered a promotion and
assigned to a new title. This "appointed detective" shall be permanently
assigned to the detective bureau and be issued their shields redesignated
with their new title. The highest ranking "appointed detective" shall
be the detective bureau supervisor, this person shall report directly
to the chief of police. The borough shall not be required to appoint
anyone to these designated titles and does so at the borough's sole
discretion. Other that the permanently designated "appointed detective"
titles created herein, all other officers shall serve and be assigned
to the "detective or juvenile bureau" at the discretion of the chief
of police.
|
|
The designation of "detective" exempting a mayoral "appointed
detectives," shall not be construed as a contractual right. Consistent
with N.J.S.A. 40A:14-118, there shall exist in the police department
a designation known as "detective." Officers shall serve and be assigned
to the "detective bureau" at the discretion of the chief of police.
The designation of "detective" only entitles the officer, excepting
work schedules and uniform requirements, to the detective stipend
established in the Collective Bargaining Agreement between the Borough
of Cliffside Park and the Cliffside Park PBA Local 96.
|
|
Every "appointed detective" per this subsection of this section shall be construed as a contractual right and permanently assigned to the bureau. The "appointed detective" shall receive an additional stipend of one hundred ($100.00) dollars in addition to the negotiated stipend stated in the Collective Bargaining Agreement. The number of ranking officers permanently designated as "appointed detective" shall be inclusive of the total department composition as more fully described in subsection 2-17.1.
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[Ord. No. 2013-10]
Promotions shall be made by the mayor and confirmed by a majority
of the council after consultation with the chief of police, with due
regard to seniority experience evaluations, merit and other qualifications.
No member of the police department shall be promoted to or hold any
superior rank until he/she has served at least four years in the police
department, exclusive of probationary time. Examinations may be conducted,
but shall not be required as a condition precedent to promotion. If
an examination is given, the exam shall be similar or identical in
nature to the Civil Service Test.
[Ord. No. 15-5]
The powers and duties of the members of the department shall,
among others, be as follows:
a.
They shall remove beggars and disorderly persons from the street,
and if such persons refuse to move, take them before the borough judge.
b.
They shall make complaint to the chief of police of any person known
to have violated any borough ordinance.
c.
They shall have the power to arrest in all criminal cases, without
warrant if they shall witness the commission of the offense.
d.
They shall have the power to arrest all vagrants, drunkards, prostitutes
and all persons disturbing religious or other meetings, or discharging
firearms, or exposing themselves indecently.
e.
They shall, when called, enter any house or place wherein any persons
are creating disturbance of the peace and disperse such persons. In
case of refusal to disperse, the member of the department shall arrest
and take the disturbing party before the borough judge.
[Ord. No. 15-6]
The chairman of the public safety committee and the mayor shall
constitute the police examining board. It shall be the duty of the
board to carefully examine the educational, moral and physical fitness
of all applicants for appointment to the police force.
[Ord. No. 15-7]
Applications for appointments to the police department shall
be made to the mayor and council. Appointments and promotions within
the department shall be made by the mayor with the advice and consent
of the council.
[Ord. No. 15-8; Ord. No. 2-1973]
No applicant shall be eligible for appointment to the police
department unless he shall possess the following qualifications:
a.
Be able to read, write and speak the English language intelligently.
b.
Be a citizen of the United States.
c.
Be not less than five feet seven inches in height and weight not
less than 150 pounds.
d.
Be not less than 18 years or over 35 years of age.
e.
Be of good health sufficient to satisfy the board of trustees of
the police and firemen's retirement system of New Jersey that such
person is eligible to membership in the retirement system.
f.
Be of good moral character and shall not have been convicted of any
crime constituting an indictable offense, or of an offense involving
moral turpitude.
|
The provisions of this subsection are subject to the provisions
of R.S. 38:23A-2.
|
[Ord. No. 15-9]
A certificate, signed by the police examining board, indicating
that an applicant has presented himself for examination and that the
applicant is of sufficient education, moral and physical capacity
to discharge the duties of policemen, shall be taken by the council
as sufficient evidence of the applicant's examination and qualification.
[Ord. No. 15-10]
Any person appointed to the police department shall, within
ten days after such appointment and before entering upon his duties,
take and subscribe an oath of office. The oath of office shall be
filed with the borough clerk.
[Ord. No. 15-11]
The provisions of R.S. 40:11-13.2, et seq., are hereby adopted.
In accordance therewith, the hours of employment of the uniformed
members of the police department shall not exceed eight consecutive
hours in any one day, nor 40 hours in any one week; provided that
in cases of emergency, the officer, board or other officials having
charge or control of the police department shall have full authority
to summon to and keep on duty any and all such members during the
period of emergency.
[Ord. No. 15-12]
Nothing in this section shall be construed to limit or restrict the proper officials from designating or varying the schedule or program of duty for members of the police department, provided the provisions of subsection 2-17.13 respecting hours of duty shall not be violated.
[Ord. No. 15-13]
Except with the written approval of the chairman of the public
safety committee or the mayor and council, not more than 14 days leave
of absence with full pay shall be granted any officer or member of
the police department on account of sickness or for any other cause
in any calendar year. The mayor and council shall have the power to
countermand the written approval of the chairman of the public safety
committee.
[Ord. No. 15-14]
All charges against members of the department shall be examined
by the public safety committee in the manner prescribed by the rules
of the department. The public safety committee may punish any policeman
found guilty of violating department rules by any punishment permitted
by law.
[Ord. No. 15-15]
Each member of the department shall be presented with a printed
copy of the rules of the police department. Neglect in carrying out
such rules shall be held sufficient cause for dismissal, in addition
to any punishment imposed by the borough council.
[Ord. No. 15-16]
No member of the police department shall withdraw or resign
except by permission of the public safety committee under penalty
of forfeiture of salary due him.
[Ord. No. 15-17]
No member of the police department shall be removed from office
or employment for political reasons or for any other cause than incapacity,
misconduct, nonresidence or disobedience of rules and regulations
established for the government of the police department.
No member of the police department shall be suspended, removed,
fined or reduced from office or employment except for just cause,
as hereinafter provided, and then only after written charges of the
cause of complaint shall be preferred against him and the opportunity
of fair and impartial trial upon the charges afforded him in accordance
with the provisions of R.S. 40: 47-6, et seq.
[Ord. No. 15-18]
The following charges, or any of them, if determined adversely
against the accused shall, but not by way of limitation, constitute
just cause within the meaning of subsection 2-15.19 hereof for removal,
demotion in rank, suspension as punishment, or other penalty:
a.
Intoxication while on duty.
b.
Willful disobedience of orders.
c.
Indecent, profane or harsh language.
d.
Disrespect to a superior.
e.
Unnecessary violence or willful maltreatment of prisoners or citizens.
f.
Neglect in paying his just debts, for rents or necessities of life
contracted while on the force.
g.
Leaving his post without good reason.
h.
Immorality.
i.
Absence without leave.
j.
Indecency or lewdness.
k.
Sleeping while on duty.
l.
Incompetency.
m.
Neglect of duty.
n.
Lack of energy.
o.
Conduct unbecoming an officer.
p.
Mental or physical incapacity.
q.
Conduct prejudicial to good order and discipline of the force.
r.
Violation of any criminal law or penal ordinance.
s.
Making known any proposed movement of the department.
t.
Violating rules governing the municipal court of the borough.
u.
Refusal to perform duty of any kind whenever required on patrol or
elsewhere, whether in uniform or not.
[Ord. No. 15-19]
The station house as heretofore established is hereby continued
in the borough hall. The station house shall remain open at all times.
[Ord. No. 15-20]
All members of the police department shall, when on duty, wear
such uniforms, badges or other insignia of office as shall be prescribed
by the borough council.
[Ord. No. 16-76]
a.
There shall exist in the police department of the borough a category
known as "plain clothesmen," in order to utilize the services of patrolmen
for certain duties designated as classified by the chief of police.
b.
These special police officers, henceforth designated as plain clothesmen,
shall be employed at various times which may not be in conformity
with their working schedules in the police department shifts, but
in no event shall the police officers be required to work any greater
period of hours as has already been established by contract with the
PBA., unless such plain clothesmen receive commensurate time off from
duty or overtime pay, at the discretion of the chief of police or
his designee.
c.
The chief of police, with the consent and approval of the mayor and
the police commissioner, shall recommend and assign patrolmen to the
duties of plain clothesmen. The time during which they shall serve
in this capacity shall be discretionary with the chief of police,
with the advice and consent of the mayor and police commissioner.
No tenure or vested right shall be applicable to the service as plainclothesman,
and any patrolman selected for this position may be returned to his
regular duties as a uniformed patrolman at any time that such action
shall be deemed appropriate by the chief of police, with the consent
of the mayor and police commissioner.
d.
There shall be created within the organization of the police department
four plain clothesmen, who shall receive additional remuneration in
the amount of two hundred fifty ($250.00) dollars per year, in addition
to their regular salaries as patrolmen. This remuneration shall be
paid on a weekly basis, prorated on a yearly basis. The remuneration
shall terminate upon the termination of the status of a police officer
as a plain clothesman. Longevity shall not attach to the condition
or remuneration.
[Ord. No. 34-80; Ord. No. 4-82; Ord. No.
4-2007, S1]
a.
To ensure the timely payment of wages to police officers for services,
there is hereby established an account within the general trust or
escrow fund of the borough to be known as the Outside Police Payment
Employment Escrow Account, which account shall be dedicated for the
receipt of fees collected from persons or entities, for the payment
of wages to police officers for off-duty or outside employment services.
b.
Any person or entity requesting the services of a police officer
shall estimate the number of hours on a monthly basis that such police
officers' services are required. This estimate shall be submitted
in writing to the chief of police or his/her designee for approval,
as to the estimated amount of hours. The approval shall be based upon
a prior months' actual number of hours, if same are available.
c.
At least five business days prior to the commencement of the outside employment services, the person or entity requesting the services of the police officer shall deposit with the Chief Financial Officer of the Borough of Cliffside Park, an amount sufficient to cover the rates of compensation and administrative fees as set forth in subsection 2-17.24i, for the total estimated hours of service that were submitted to the Chief of Police or his/her designee, in accordance with paragraph b above.
d.
In a situation where the number of hours required is unknown and cannot be reasonably estimated, the person or entity requesting the services of a police officer, shall deposit with the chief financial officer, an amount sufficient to cover the rate of compensation and administrative fee, as set forth in subsection 2-17.24i, for the equivalent of seven working days. Any unused portion of the deposit will be returned or credited against the final amount owed.
e.
In those instances where the services of a police officer is required
for a period of time not to exceed 48 hours, the party or entity requesting
the services of a police officer shall not be required to deposit
funds with the chief financial officer, prior to the commencement
of work, but shall pay, in full, for the services, within two business
days of receipt of the bill from the police department.
f.
If the request for services is canceled one hour or more before the
scheduled commencement, no compensation shall be provided to the officer.
If the request for services is canceled less than one hour before
the scheduled commencement, the officer will be compensated as if
four hours of service were performed.
g.
In the event the funds in the escrow account become depleted, the
services of the police officer shall cease and all site construction
shall immediately cease until such time as additional funds have been
deposited in the escrow account, in the manner set forth above. In
the event of an unforeseen emergency situation that would require
a police officer to remain beyond the time for which funds have been
deposited, the chief of police or his/her designee may waive the requirement
for posting additional funds for any person or entity exhibiting a
previously satisfactory payment history. However, payment for the
additional hours shall be made by the person or entity requiring the
extended service within two business days of the performance of the
services.
h.
The person or entity requesting the services of a police officer,
shall be responsible for ensuring that sufficient funds remain the
escrow account, in order to avoid any interruption of services.
i.
All public utility companies that are under the jurisdiction of and
regulated by the New Jersey Board of Public Utilities, the board of
education of the borough, nonprofit, religious, charitable or fraternal
organizations, are exempt from the provisions of this section requiring
advance payment to an escrow account. However, all of the foregoing
entities shall, within 20 business days of the date of the bill for
services rendered, forward payment in full for said services to the
chief financial officer of the borough. The exemption herein granted
to public utility companies shall not apply to any contractor or subcontractor
hired by the public utility company. The contractor or subcontractor
shall be required to make an advanced payment to the escrow account
established herein.
j.
Fees. The organization or contractor that hires a member of the department
shall pay a fee to the borough which shall be established annually
by the chief of police and adopted by council in the borough's salary
ordinance.
k.
All borough or board of education details shall tender a reduced
rate of compensation as further outlined in the borough's salary ordinance.
m.
In the event a person fails to pay the borough for police services
within 30 days of written notice, the borough, through its designee,
shall be permitted to file a criminal complaint for the "theft of
services," plus the offending party shall be "black-listed" and precluded
from procuring any type of building or other permit from the borough
for a period of one year.
[Ord. No. 3-88; Ord. No. 5-88]
a.
Designation of Appropriate Authority. The mayor and council of the
Borough of Cliffside Park are hereby designated as the appropriate
authority to adopt and promulgate rules and regulations for the government
of the police and fire departments of Cliffside Park.
b.
The mayor and council are designated as hearing officers, with no
less than five members of the governing body present, to hear and
determine disciplinary proceedings brought in connection with alleged
violations of the rules and regulations adopted and promulgated for
the Cliffside Park Police and Fire Departments.
[Ord. No. 4-89; Ord. No. 6-92; Ord. No.
2013-11]
a.
Department Established.
1.
The Cliffside Park Special Police Department is established by the Council of the Borough of Cliffside Park pursuant to subsection 2-17.26.
(a)
Membership in the department is by yearly appointment by the
mayor with the consent of the council.
(b)
The Chief of the Cliffside Park Police Department is hereby
designated as the officer in charge of the special police department
and may issue such rules, regulations and orders as necessary to maintain
good order and discipline in the department.
2.
Any person so appointed to the department shall, within ten days
of such appointment, and prior to entering the service of the borough,
take and subscribe an oath of office which shall be filed with the
borough clerk.
3.
The special police department is a sub-entity of the Cliffside Park
Police Department. All special police officers shall be required to
comply with police protocol and are subject to a "chain of command."
The organizational chain of command shall be as follows:
b.
Qualification for Appointment to the Cliffside Park Special Police
Department.
1.
Be able to read, write and speak the English language fluently and
intelligently.
2.
Must have a high school diploma or equivalent.
3.
Be a citizen of the United States.
4.
Possess a valid New Jersey driver's license.
5.
Be not less than 18 years of age.
6.
Be physically fit to complete the physical duties of the jobs assigned.
7.
As a condition precedent to the reviewing process, a special police
officer candidate shall successfully be interviewed by the special
police services committee. The special police services committee shall
be composed of the following municipal representatives and/or employees:
8.
All applicants who have successfully completed the committee process
and have been appointed by the mayor and council shall be required
to attend and successfully complete and become certified by:
c.
Meetings and Scheduling.
1.
Meetings.
(a)
The chief of police shall, at his discretion, regularly organize
and schedule special police officer meetings:
(1)
All currently employed special police officers shall be required
to attend all regular and specially scheduled meetings. Any officer(s)
who has three unexcused absences over a 12 month period is subject
to disciplinary review, which may result in suspension, demotion or
termination.
2.
Scheduling.
(a)
All appointed and employed special police officers shall be
required to serve on the following tour basis.
(1)
Each special police officer shall on a monthly basis, submit
their work availability schedule to the liaison officer. This monthly
schedule shall consist of no less than two assigned posts per month;
(2)
If a special police officer fails to submit their monthly work
availability schedule, the officer shall be subject to suspension,
demotion or termination;
(3)
Any request for a leave of absence must be formally submitted
to the chief of police with final approval, subject to acceptance
by the council;
(4)
If a special police officer cannot appear for duty, they are
required to contact the police department and the on-duty special
police liaison officer no less than one hour before post commencement.
Failure to comply with this notice procedure may result in disciplinary
action which may result in suspension, demotion or termination;
(5)
Officers shall report to duty no later than 15 minutes prior
to the start of their scheduled detail;
(6)
Special police officers who are "called in" to perform other
duties such as "transport" or "matron" will be compensated per ordinance;
(7)
Officers shall be reasonably available to the department for
other work, voluntary or paid, emergency or scheduled, as may arise
during the course of the year.
d.
Duties of the Liaison Officer and Acting Sergeants.
1.
Liaison Officer. The chief shall appoint a member of the Cliffside
Park Police Department as the special police liaison officer (SPLO).
The SPLO shall be responsible for the coordination and scheduling
of all special police officers. The duties of the SPLO shall include
but not be limited to preparation and posting of work schedules, maintenance
of all records including but not limited to personnel folders and
attendance records.
e.
Rules and Regulations.
f.
Grounds for Disciplinary Action and/or Dismissal.
1.
The following charges may be cause for the chief to recommend to
the council that the infringing officer be dismissed or incur other
disciplinary penalties:
(a)
Intoxication while on duty;
(b)
Willful disobedience of lawful orders;
(c)
Indecent, profane or harsh language;
(d)
Disrespect to a superior officer;
(e)
Unnecessary force/violence or willful mistreatment of prisoners
or citizens;
(f)
Neglect in paying his just debts, for rent or necessities of
life contracted while on the force;
(g)
Leaving of post without permission or good reason;
(h)
Absence from assignment without proper notification;
(i)
Lewdness or indecency;
(j)
Sleeping while on duty;
(k)
Incompetence;
(l)
Neglect of duty;
(m)
Conduct unbecoming an officer;
(n)
Conduct prejudicial to the good order and discipline of the
regular and/ or special police departments;
(o)
Violation of any criminal law or penal ordinance;
(p)
Making known any proposed movement of the department including,
discussing of confidential police information with anyone outside
of the Cliffside Park Regular Police or Special Police Department
without permission from the chief of police or his designee;
(q)
Violating rules governing the municipal court of the borough;
(r)
Refusal to perform duty of any kind whenever required on patrol
or elsewhere whether in uniform or not;
(s)
Use of narcotics, hallucinogens or any other controlled dangerous
substance while on or off duty, (not including prescribed medication),
(cleared to perform duty by prescribing doctor);
(t)
Being under the influence of a controlled dangerous substance
on or off duty, (not including prescribed medication);
(u)
Malfeasance;
(v)
Falsifying any record or report.
2.
No officer may work in any establishment in the borough that serves
or sells alcoholic beverages.
g.
Firearms.
1.
Only Class II Special Officers may be authorized by the chief of
police to carry a firearm while on duty. Semi-annual qualifications
as per N.J. state guidelines will be scheduled and conducted by the
Cliffside Park Police Department's firearms instructors. Weapons will
be issued before said tour of duty begins in a manner prescribed by
the Attorney General, Bergen County Prosecutor's Office and the Cliffside
Park Police Department, including deadly force and firearms policies
and procedures. The "Knox and Anderson Avenue" detail and the "PD-6"
detail are to be considered posts where a firearm is authorized and
a weapon may be issued when personnel are available to issue same.
Other posts may require a weapon subject to prior approval from the
chief of police.
2.
No special police officer shall be authorized to carry a firearm
while not on duty with the Cliffside Park Special Police unless he/she
holds a valid N.J. gun carrying permit.
h.
OC - Oleoresin Capsicum Spray. Only those special officers trained
and issued "OC" by the Cliffside Park Police Department may be authorized
to carry and deploy OC in the performance of their duty.
i.
Special Police Uniform Standard.
1.
Hat - round "trooper style," black front strap only, not metal.
Note: The uniform hat is to be worn at all times when in uniform
outdoors. It is not necessary in vehicles or indoors and not on unofficial
business (i.e. on a break). It shall be worn indoors on official business.
2.
Shirts - worn with black clip-on tie, silver police-type tie clip.
(a)
Long Sleeve Shirt - 100% polyester, bright light blue (Elbeco
313) shall fit properly. No part of undergarment or jewelry shall
be visible at the neck.
(b)
Short Sleeve Shirt - 100% polyester bright light blue (Elbeco
3313) shall fit properly. Only the white crew/full neck undershirt
shall be visible. No jewelry shall be visible.
3.
Trousers - Police type, navy blue, black braid acceptable, no stripe.
4.
Jacket - Blazer, GTX Super Taslan Cruiser, style 9010Z, Police Navy
(Dk. Blue).
5.
Badge - Department issue or exact style, size, shape and appearance.
Must be worn on outer garment and uniform hat at all times.
6.
Footwear - Black shoes, plastic or leather (polished), dark socks.
Black leather boots may be worn in cold/wet weather.
7.
Rain gear - Police type raincoat, reversible black to lime green
ANSI II, hat rain cover.
8.
Jewelry - There is to be no exposed jewelry above the neck, including
earrings.
9.
Sweater - Blazer, police blue (dark navy blue), v-neck commando style,
with patches as per jacket and shirt.
10.
Baseball cap (Only worn when properly authorized.) - Issued, black
(summer type) "Cliffside Park Special Police."
11.
Turtleneck shirt - navy blue, embroidered white 1/2" letters "C.P.S.P.,"
100% pre-shrunk cotton, recommended. The shirt shall be worn as part
of the winter uniform (dates designated by the chief) the shirt shall
be worn under the current uniform shirt but, in place of a tie. This
will allow the top collar button ONLY of the uniform shirt to be left
open. All other buttons shall remain buttoned. The turtleneck shirt
may be worn on 4-12 tour and 12-8 tour. The turtleneck shirt may also
be authorized on other assignments or details only if approved by
the chief of police or the officer-in-charge.
12.
All patrol rank officers, any metal parts of the uniform including
jacket buttons, buckles, snaps, etc., are to be silver.
13.
Cliffside Park Special Police Patch (issued) - left shoulder centered
1" from the shoulder seam, on shirts, jacket and sweater. American
Flag on right shoulder, centered, 1" from shoulder seam. Class I or
II patch right shoulder centered 1" below the Flag.
14.
The uniform shall be worn in a professional and military manner.
It shall fit properly and be tailored or replaced as necessary.
15.
When uniform is worn, it is to be worn completely. No additions or
subtractions are to be made without consent of the chief of police.
16.
Other equipment necessary: black pen, small note pad, white gloves,
whistle, handcuffs (Smith & Wesson, Peerless, or other reputable
name brand), night stick and police type flashlight.
17.
Leather or nylon gear: black police "duty" belt (plain or basket
weave is acceptable), full handcuff case, night stick holder, flashlight
holder. All gear must be of same style or material.
j.
Personal Appearance and Hygiene for Male Personnel.
1.
The face will be freshly clean shaven, except that a mustache may
be worn. When worn, a mustache will be neatly and closely trimmed.
The length of mustache hair fully extended must not exceed one-half
inch.
2.
Hair shall be worn neatly combed or brushed. It may be clipped at
the edge of the side and back and will be evenly graduated from zero
length at the hairline on the lower portion of the head gradual to
the top of the head. Head hair will be styled in such a manner so
as not to interfere with the proper wearing of uniform headgear.
3.
Sideburns will not extend below the top of the orifice of the ear.
The length of hair of the sideburns will not exceed one-eighth inch
when fully extended.
k.
Personal Appearance and Hygiene for Female Personnel.
1.
Hair.
(a)
The length, bulk or appearance of natural hair shall not be
excessive, ragged or unkempt.
(b)
Shall be neatly groomed.
(c)
Shall not be worn longer than the bottom of the shirt or coat
collar at the back of the neck when standing with the head in a normal
posture.
(d)
Shall be groomed in front as so that it does not fall below
the band of the properly worn uniform headgear.
(e)
Ponytails or platted hair are not permitted.
(f)
A bun or twist will be permitted on the top or back of the head
provided it is worn in a neat manner and does not interfere with the
wearing of uniform headgear.
(g)
No ribbons or ornaments shall be worn in the hair except for
neat, inconspicuous bobby-pins or conservative barrettes, which blend
with the hair color.
(h)
Hair coloring, if used, must appear natural.
(i)
The wearing of a wig or hairpiece while in uniform or on duty
is permissible. If worn, it shall conform to the standards set forth
in this procedure.
3.
Fingernails. Shall be clean and trimmed. Nails shall not extend beyond
the tip of the finger. Fingernail polish, if worn, must be of conservative
coloring such as clear or natural.
l.
Wearing of Jewelry and Other Adornments by Uniformed Personnel.
1.
No visible jewelry of any kind may be worn above the shoulders while
in uniform, unless specifically authorized by the chief of police.
2.
Jewelry which detracts from the professional appearance of uniformed
personnel or which constitutes a safety hazard is not permitted.
3.
The only wrist type jewelry shall be a watch of conservative design
and one bracelet type on the opposite wrist. It shall also be of conservative
design and not dangle or be easily grabbed or damaged during a struggle.
(i.e. no neon colored and/or fictional or nonfictional character watches).
4.
Eyeglasses and sunglasses (prescription and non-prescription) worn
by uniformed personnel shall be of conservative design. (i.e. no neon
colored frames or neon colored straps).
5.
No more than two rings will be worn on each hand.
6.
Pens/pencils are to be of conservative design, not to detract from
the uniform.
7.
Cellular telephones, pagers, black/plain or conservative in color
and style, with no detracting logos may be worn only on the duty-belt
or concealed.
Note: Excessive cell phone use while on duty is prohibited.
Cell phones shall not be operated while the patrol car is in motion
unless it is an emergency.
8.
No other pins or insignias- military, fraternal, benevolent, or religious
organizations etc. may be worn without permission of the chief of
police.
[Ord. No. 2009-15; Ord. No. 2011-01]
a.
Findings. The Council of the Borough of Cliffside Park hereby ordain
as follows:
1.
The Attorney General of the State of New Jersey and the Division
of Local Government Services have determined that members of a municipal
police department may, during their off-duty hours, engage in police
related activities for private persons and entities. Pursuant to the
laws of the State of New Jersey, a municipality must agree to implement
a system whereby the off-duty assignments of police officers are arranged
through a contract directly with the municipality and the private
person or entity.
2.
That the contracting between the municipality and private person
or entity must include a plan whereby the compensation for off-duty
police related services is channeled through the office of the chief
financial officer, and that said compensation is placed in a separate
account will be established by the municipality, and that the proceeds
of said fund will be disbursed through the office of the chief financial
officer to the individual police officers performing such services.
3.
It is in the best interest of the Borough of Cliffside Park to establish
a procedure for the assignment of off-duty police work which will
allow for the greater protection of the citizens of the borough.
b.
Assignments. The chief of police shall be responsible for the assignment
of all off-duty police related activities, and the billing of all
compensation due to the borough. The chief of police shall be authorized
to designate other members of the police department as needed to assist
him in the assignment off-duty police related activities. The procedure
for assignment of off-duty police related activities shall be as follows:
1.
The chief of police or his designee shall create and maintain a list
whereby police officers will volunteer, from a rotating schedule,
for off-duty police related activities.
2.
The chief of police or his designee shall assign all off-duty police
related activities from the aforementioned list of officers desiring
said assignment; said assignments to be made on a rotating basis as
the assignment becomes available.
c.
Contracts with Private Entities. Any private person or entity desiring
to retain the services of police officers of the Borough of Cliffside
Park for off-duty police related activities shall be required to enter
into a contract with the Borough of Cliffside Park. Said contract
shall include, but not be limited to the nature of duties to be performed,
the location of said duties, the date and hours of service, the rate
of payment for services to the officers, administrative fees to the
Borough of Cliffside Park, and fees for the use of borough owned equipment.
This subsection and any contracts shall require that deposits be placed
in advance by the contractor for services to be performed, prior to
the borough authorizing the contract or to commence construction.
The duration of the contract's scope of services shall be established
by the chief of police and the borough engineer.
d.
Payments for Off-Duty Assignments. All private persons or entities
shall be required to make all payments for off-duty assignments payable
to the Borough of Cliffside Park. The chief financial officer shall
deposit the monies collected from said private persons or entities,
earmarked for payment of the off-duty officers, into a separate account
to be established to receive such monies. All members of the police
department shall be paid for services performed on the first or second
regular pay date, after the receipt of funds from the contracting
party and upon the submission of written authorization from the police
chief, or his designee. All police officers shall be paid at an hourly
rate to be designated by resolution from time to time by council.
e.
Administrative and General Costs.
1.
In addition to the aforementioned fees to be collected by the Borough
of Cliffside Park from said private persons or entity for the payment
of said off-duty police officers, the Borough of Cliffside Park shall
collect an administrative fee of five ($5.00) dollars per hour, per
person, assigned to said private entity. Said fee shall be used to
off-set the administrative costs associated with the assignment of
borough police officers.
2.
In addition to the aforementioned administrative fee, the chief and/or
his designees shall determine what equipment is required, and said
private persons or entity shall pay the Borough of Cliffside Park
for the use or rental of any borough equipment based upon the following
pay scale.
(a)
Unmarked police vehicle - $5.00 per hour.
(b)
Marked police vehicle - $5.00 per hour.
(c)
Flares - $2.00 each.
(d)
Vehicle barricades - $2.00 per hour.
(e)
Emergency tape - $15.00 per roll.
(g)
Lighting/gas powered generator - $5.00 per hour.
(h)
The borough reserves the right to utilize special police officers
and/or "flagman" on all municipal projects.
(i)
This subsection shall not apply to any licensed public utility.
(j)
The developer shall be responsible to have all police service
arrearages satisfied prior to the issuance of any police traffic details.
3.
Notwithstanding anything to the contrary, the Borough of Cliffside
Park shall not be required to allow its equipment to be used on any
off-duty assignment.
f.
Worker's Compensation; Insurance.
1.
Worker's Compensation Fund. In addition to the aforementioned fees
for administrative costs, as well as the fees for the hourly rate
of pay for said police officers, said private person or entity wishing
to employ off-duty police officers shall be required to pay the Borough
of Cliffside Park a separate fee of five ($5.00) dollars per hour.
This additional fee shall be used for the purposes of contribution
to the borough's Workers' Compensation Fund.
2.
Insurance. Each private person or entity who shall employ off-duty
police officers pursuant to this section shall be responsible for
maintaining their own insurance coverage. Said insurance coverage
shall include, but not be limited to general liability and automobile.
Proof of said insurance coverage shall be provided to the Borough
of Cliffside Park prior to the assignment of any off-duty police officers
to said private person or entity. The private person or entity shall
provide the aforementioned for any and all officers, vehicles and/or
equipment utilized in the off-duty assignment.
g.
Emergencies. The chief of police or his designee shall have the authority
to order any police officer, engaged in off-duty assignments within
the Borough of Cliffside Park, to respond to an emergency situation
within the Borough of Cliffside Park. The chief of police or his designee
shall also have the right to order any off-duty assignment to be terminated
whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the off-duty officer and/or the residents of
the Borough of Cliffside Park. In the event a police officer is assigned
to an emergency situation, the police chief or his designee shall
make note of said emergency situation, as well as the time said officer
was removed from said off-duty assignment. In any situation where
an off-duty police officer is called to an emergency situation, said
private person or entity shall not be responsible for the payment
of the officer's hourly rate, administrative fee, or any other fees
to the Borough of Cliffside Park until such time as said police officer
and/or equipment returns to the assignment with the off-duty employer.
h.
The administrative costs referenced in the ordinance may be modified
annually or on an "as needed" basis by council resolution.
i.
Indemnification. Any private person or entity requesting the services
of off-duty police officers shall indemnify the Borough of Cliffside
Park for any and all damages (personal/property and/or otherwise)
which may arise from the off-duty police officer's employment by said
private person or entity.
[Ord. No. 2014-07]
The mission of the Cliffside Park Volunteer Fire Department
is the protection of life and property from fire while actively participating
in our community as well as procuring personnel to be great leaders
and role models to others while assisting the residents of the Borough
of Cliffside Park (referred to herein as "Borough") in all emergency
and non-emergency situations.
[Ord. No. 2014-7]
a.
Department Structure.
1.
The Cliffside Park Volunteer Fire Department (referred to herein
as "Department") consists of three fire companies recognized by the
New Jersey State Fireman's Association as the Grantwood Hose Company,
the Independent Hook and Ladder Company, and the Cliffside Engine
Company, operating out of one centralized location (referred to herein
as "fire companies").
2.
The maximum number of fire department members shall be 75, divided
equally into the three companies.
b.
Hierarchy.
1.
Department Chief (referred to herein as "Chief") shall be the chief
executive officer of the Department and shall have full authority
over all members of the Department.
(a)
The Chief shall have exclusive authority over all Department
operations.
2.
Department Deputy Chief (referred to herein as "Deputy Chief") shall
work under the direction of the Chief and assist the Chief in all
Department duties.
(a)
In the absence of the Chief, the Deputy Chief will assume authority
and command.
3.
Department Battalion Chief (referred to herein as "Battalion Chief")
shall work under the direction of the Chief and the Deputy Chief and
assist them in all Department duties.
(a)
In the absence of the Chief and the Deputy Chief, the Battalion
Chief will assume authority and command.
4.
The Line Officers established by the Department shall work under
the direction of the Chief of the Department. There will be two ranks
of Line Officers; three Captains and three Lieutenants, elected by
a majority of the Department personnel and assigned to each company
by the Chief.
(a)
In the absence of the Chief, Deputy Chief and Battalion Chief,
the senior ranking Captain will assume authority and command.
(b)
In the absence of the Chief, Deputy Chief, Battalion Chief,
and Captain, the senior ranking Lieutenant will assume authority and
command.
(c)
In the absence of the Chief, Deputy Chief, Battalion Chief,
any of the three Captains, and any of the three Lieutenants, the senior
ranking firefighter will assume authority and command.
5.
The Executive Board established by the Department shall have the
responsibility of managing the administrative responsibilities of
the Department and its members.
(a)
The President of the Executive Board (referred herein to as
"The President") shall preside over all Department meetings and enforce
the by-laws of the Department.
(1)
The President shall work under the direction of the Chief.
(b)
The Vice-President shall work under the direction of the President
and assist the President in his/her duties.
(1)
In the absence of the President, the Vice-President shall assume
authority and responsibilities of the Executive Board.
(c)
The Treasurer shall work under the direction of the President
and Vice-President and assist them in their duties.
(1)
The Treasurer shall be responsible for keeping an accurate account
of the Cliffside Park Volunteer Fire Department non-profit account,
separate from the annual budget given to the Department by the Mayor
and Council of the Borough, which the Chief is responsible for.
(2)
In the absence of the President and Vice-President, the Treasurer
shall assume authority and responsibilities of the Executive Board.
(d)
The Secretary shall work under the direction of the President,
Vice-President, and Treasurer and assist them in their duties.
(1)
The Secretary shall be responsible for keeping an accurate account
of all records and correspondence (minutes, roster, administrative
documents, etc.) related to the Department.
(e)
The Sergeant at Arms shall work under the direction of the President
and Vice-President and maintain order during all departmental meetings.
c.
Chain of Command.
1.
Line Officers:
(a)
Chief
(b)
Deputy Chief
(c)
Battalion Chief
(d)
Three (3) Captains. Senior Captain will have command of all
fire and emergency scenes until the arrival of a superior officer.
Senior Captain will be designated by the Chief. The Chief will
take the following factors into consideration when deciding on seniority:
(e)
Three (3) Lieutenants. Senior Lieutenant will have command of
all fire and emergency scenes until the arrival of a superior officer.
Senior Lieutenant will be designated by the Chief. The Chief
will take the following factors into consideration when deciding on
seniority:
(f)
Safety Officer. Will be designated by the incoming Chief at
the start of the two year term.
(g)
Training Officer. Will be designated by the incoming Chief at
the start of the two year term.
(h)
Senior Firefighter. Determined based on years of fire service
with the Department.
(i)
Firefighter
(j)
Probationary Firefighter
[Ord. No. 2014-07]
a.
Qualifications.
1.
Requirement for Membership: No person shall be eligible to become
a member of the Department unless such person possesses the following
qualifications.
(a)
The minimum age for entry into the Department is eighteen (18)
years of age.
(b)
The maximum age for entry into the Department as a new or untrained
firefighter is forty-five (45) years of age, however persons over
forty-five (45) years of age may become a member of this Department
based on training experience and the ability to satisfy all the necessary
medical and physical requirements as set down in this subsection.
(c)
All applicants must reside in the Borough or live within a three
(3) mile radius of the Borough borders, with the exception of Borough
employees.
(d)
Applicants are required to be a citizen of the United States.
(e)
Applicants are required to undergo a physical examination attesting
to their good health and physical fitness, which is to be provided
to the Department at the time of the application.
(f)
Applicants will be required to undergo a criminal background
check and obtain a vehicle abstract.
(g)
Applicants must have a high school diploma or G.E.D equivalent.
(h)
Applicants must be of good moral character and shall not have
been convicted of any crime constituting an indictable offense, or
of an offense involving moral turpitude.
2.
After successful completion of the qualifications in paragraph a1,
the name of the applicant will be submitted to the Department for
consideration.
(a)
All applicants that meet the required qualifications will submit
a completed application to the Membership Committee.
(b)
The Membership Committee will review and process all applications
and conduct formal interviews with each applicant.
(c)
After an applicant has gone through the screening process conducted
by the Membership Committee, the Membership Committee shall present
the approved applicant at the next Department meeting, at which time
the applicant shall be accepted as a member by a majority vote of
the Department members present.
(d)
Upon acceptance and approval of an applicant for membership
to the Department, the application is presented to the Mayor and Council
at the next meeting for their consideration and approval. Once approved
by the Mayor and Council, a copy of the by-laws should be given to
the applicant and the applicant shall acknowledge receipt of same.
(e)
The Chief will assign all newly appointed applicants to one
of the three fire companies, at which time the beginning of the member's
probationary period shall begin.
b.
Probationary Status.
All newly approved members into the Department, regardless of
any already completed State mandated certifications, shall be considered
a probationary firefighter.
1.
If any new member accepted into the Department has New Jersey Division
of Fire Safety approved certifications and has been an active member
of another fire department, he/she will be considered a probationary
firefighter. Their probationary period will end six months from the
beginning of their acceptance into the Department, unless an extension
is requested by the Chief.
2.
If any new member accepted into the Department does not have New
Jersey Division of Fire Safety approved certifications; he/she will
be considered a probationary firefighter and will be admitted into
the Bergen County Fire Academy, or equivalent, after six months of
being appointed a member of the Department. The Department Training
Officer will enroll members into the Bergen County Fire Academy based
on the scheduling availability at the Academy.
3.
Probationary firefighters who attended the Bergen Country Fire Academy
shall hold the title of probationary firefighter for one year after
completion of the academy (passing all written and practical evaluations).
4.
At completion of the Academy all probationary firefighters must have a complete class "A" uniform as set forth in subsection 2-18.9.
5.
During a member's probationary period, a probationary firefighter
must take an active part in a minimum of 50 percent of non-emergency
department activities per calendar year (e.g. Drills, truck checks,
work details, special functions and training exercises).
6.
Probationary firefighters who fail to complete the prescribed training
program within eighteen (18) months of their appointment date may
remain on probationary status at the direction of the Chief after
consultation with the Department Training Officer and written explanation
detailing the reason for the extension.
7.
Upon successful completion of training at the Bergen County Fire
Academy and the probationary period, the probationary firefighter
shall be accepted as an active firefighter.
8.
Probationary firefighters can be terminated for any violations as
long as he/she holds the title of probationary firefighter.
c.
Members.
After the successful completion of the Bergen Country Fire Academy
and the probationary period, said member shall officially be considered
an active member of the Department.
1.
Active members are required to participate in at least 50 percent
of Department activities (e.g. drills, truck checks, work details,
special functions and training exercises) per year in order to maintain
their skills.
2.
Active members shall respond to a minimum of 20 percent of the total
fire calls for the calendar year.
3.
Active members must be up to date on mandatory certifications and
trainings.
4.
Active members must pay their monthly dues on a timely basis during
monthly Department meetings.
5.
Any active member that under unforeseen circumstances moves outside
of the three mile radius of the Borough borders will be considered
to stay on the Department as long as they can commit to the requirements
of an active member. The Chief may decide to keep the said member
on the Department as long as they maintain their active member status.
d.
Appointment of Office.
1.
Qualifications and Eligibility.
All Line Officers and Executive Board Members shall be elected
by the members for a term of two (2) years from the date of their
election. Following the two year completion of their term, a new election
will be held during the December Department meeting.
(a)
Any active member that meets the following requirements is eligible to run for the ranks of Chief, Deputy Chief, Battalion Chief, Captain, or Lieutenant. Any active member must not skip the ranks established in the chain of command set forth in subsection 2-18.2c. Members are not eligible to succeed in any higher rank without serving in the rank prior.
(1)
Must be a member of the Department for three years following
the completion of the probationary firefighter period.
(2)
Must be an active member of the Department for 12 consecutive
months prior to the beginning of the election year.
(3)
Must be up to date on all County, State, and Federal educational
requirements and certification as per the New Jersey Department of
Fire Safety or have one calendar year to meet the requirements after
election if needed.
(4)
The Chief or Training Officer can add additional officer type
training classes as necessary.
(b)
Any active member that meets the following requirements is eligible
to run for the ranks of President, Vice-President, Treasurer, Secretary,
and Sergeant at Arms, of the Executive Board.
(1)
Must be a member of the Department for three years following
the completion of the probationary firefighter period, with the exception
of the Secretary position.
(2)
Must be an active member of the Department for 12 consecutive
months prior to the beginning of the election year, with the exception
of the Secretary position.
(3)
The President and the Vice-President shall not hold any other
Line Officer or Executive Board position during their term in office.
(4)
Any member of the Executive Board can only hold one office within
the Executive Board.
2.
Nominations.
(a)
First nominations meeting will be held biannually during the
November monthly meeting.
(b)
Second nominations meeting will be held during a special Department
meeting called by the Executive Board prior to the biannual elections
held in December.
(c)
Any active member that meets the requirements set forth in subsection 2-18.3d1 shall be eligible for nomination and can only be nominated by another active member.
(d)
Following a nomination, a nominee must have a second motion
from another active member of the Department to qualify him/her for
nomination.
3.
Elections.
Following the completion of nominations, an electoral ballot
shall be created and available at fire headquarters.
(a)
Any active member is eligible to vote in the election.
(b)
Voting period begins at 9 a.m. on the day of the December Department
meeting during that election year and will come to a close at the
conclusion of the December meeting and can be adjusted at the discretion
of the Executive Board President.
Newly elected Line Officers will take office on January 1st
of the following calendar year. All newly elected Line Officers shall
be sworn in by the Mayor and Council at the first Cliffside Park Borough
meeting of that calendar year.
4.
Resignation.
Should any Line Officer, Executive Board member, or member of
the Department wish to resign from their elected position, a formal
written letter must be submitted to the President of the Executive
Board and Chief. The letter should be signed by the individual and
state the intentions of the individual with respect to the Department
and any reason(s) for resigning.
Following receiving the signed letter, the President of the
Executive Board and the Chief will address the resignation at the
following Department meeting.
An emergency meeting may be called to order at the discretion
of the President of the Executive Board and the Chief to address any
issues surrounding the resignation.
5.
Vacancies.
Should any elected position become vacant for any reason during
the two year term, the President of the Executive Board and the Chief
will manage any and all duties of the vacant position until the following
Department meeting.
(a)
Should a vacancy become available in either a Line Officer or
Executive Board member capacity, all currently elected officials will
move up one rank based on the chain of command outlined by the Department.
An election will be held by the Department to fill that vacant position.
(b)
At the next Department meeting, the Department will hold nominations
for the vacancy.
(c)
The Department meeting following the nominations meeting, a special election will be held to fill the vacant position following the criteria set forth in subsection 2-18.3d3, Elections.
An emergency meeting may be called to order at the discretion
of the President of the Executive Board and the Chief to address any
issues surrounding the vacancy.
6.
Termination.
Any member can be terminated by failing to maintain their active
member status and/or probationary status.
In such cases, a member will be sent a letter of intent detailing
the infractions against them and the actions to be taken. Said member
is to respond to the letter within one month of receiving the letter
and is to be at the next Department meeting to state their intentions
as it relates to the Department.
Failure to respond to the letter and attend the Department meeting
will result in automatic termination.
If the member responds to the letter and attends the Department
meeting, the Department members will vote to terminate or not to terminate
the member, with the vote results being a majority of the members
present. If the member is voted to remain a member of the Department,
they are on an automatic six month conditional period, at which time
they will be required to improve their status.
If the member does not improve their status within the six month
conditional period, they are automatically terminated. All Department
equipment and property must be returned to the Chief once termination
is final.
Any appeals to a termination must be written and delivered to
the President of the Executive Board within 30 days of the termination
finalization.
[Ord. No. 2014-07]
All Department meetings will be held on a monthly basis on the
third Wednesday of each month. The President will oversee the meetings
with the assistance of the Executive Board. The President will follow
"Roberts Rules" to manage and run the meetings.
If under any circumstance the Department meeting must be rescheduled,
only the President can change the date and time of the meeting and
must provide a reasonable amount of time for notification to the members
of the Department.
The President will prepare a list of meeting dates and post
for all members to see at the start of the calendar year.
The following agenda will be used at each meeting to ensure
topics related to all aspects of the Department are discussed. The
agenda is subject to change by the President.
A minimum of 12 meetings must take place within the calendar
year. The President can call to order a special meeting if any situation
arises outside of the normal meeting schedule.
The Treasurer will have a formal treasury report prepared for
each meeting detailing the current financial status of the Department.
The Treasurer will also be responsible for the collection of members'
dues at each meeting.
a.
Dues will be collected on a monthly basis. With the exception of
probationary firefighters for their first year each member is responsible
to pay their amount of dues.
b.
Currently, dues are $5.00 a month, totaling $60.00 for the year.
If a member wishes to pay a one lump sum annual amount, they will
be given a discounted amount of $50.00 for the calendar year.
|
The Secretary will record the entire meeting in the form of
minutes which will be available to all members at the following Department
meeting.
|
[Ord. No. 2014-07]
The following are a set of rules and regulations pertaining
to the expectations of members of the Department.
a.
Members are expected to conduct themselves in a professional manner
at all times, show proper respect to and promptly obey the orders
of superior officers.
b.
Members are expected to, upon hearing an alarm to a fire or Department
emergency, respond to fire headquarters and follow the orders of superior
officers.
1.
Members responding to alarms shall obey all local and State traffic
laws.
2.
With the exception of the Chief, Deputy Chief and Battalion Chief,
no firefighter shall respond to any type of scenes or emergency situation
in or outside of the Borough, in any vehicles or means of transportation
other than Department vehicles unless authorized by the Chief.
c.
It shall be the duty of each member to utilize all of the protective
turnout clothing issued by the Department and to maintain it in accordance
with national accepted standards.
1.
Members shall report damaged turnout clothing to the designated equipment
manager immediately and remove it from service.
2.
With the exception of the Chief, Deputy Chief and Battalion Chief,
no firefighter shall respond to any type of scene without complete
personal protective equipment unless authorized by the Chief.
d.
Members are required to provide proper care and attention when using
fire apparatus, tools, equipment, and all other Borough property.
1.
Members are required to participate in cleaning and maintaining of
fire apparatus and equipment (i.e. work details, truck checks, and
other special maintenance duties) as to ensure they are ready for
immediate use in case of an emergency.
2.
Borrowing of any Department equipment must be authorized by the Chief.
e.
Members shall not engage in any illegal or illicit activity that
will constitute conduct unbecoming.
f.
All members are to obtain a complete Class A uniform as set forth in subsection 2-18.9, upon graduating from the Bergen County Fire Academy.
1.
Members are expected to maintain and keep their Class A uniform clean.
2.
Class A uniforms are to be worn during any Department function that
requires formal attire (funeral, memorial service) or at the direction
of the President of the Executive Board or Chief.
3.
No member shall wear their Class A uniform in a manner unfit for
an occasion, or at any event not authorized by the President of the
Executive Board or Chief.
4.
All members shall remove their dress uniform after leaving an authorized
Department function before entering any other public establishments
at the conclusion of said event.
g.
Members shall not take part in any Department functions, including
but not limited to, emergency situations, training drills, truck check,
etc., while under the influence of alcohol, controlled substances,
or any other form of intoxication.
h.
All members are required to participate in any mandatory annual classes
held by the Borough or the Department, especially those that are State
mandated.
1.
Members shall not ridicule, humiliate, harass, or discriminate against
any member of the Department, and shall treat each member with respect.
i.
No member, with the exception of the Chief, shall provide any information
pertaining to an incident to any newspaper or media publication, unless
otherwise directed to by the Chief.
1.
No photographs, especially those of involving fatality, shall be
taken and/or posted on social media by any member of the Department
on any emergency scene unless authorized by the Chief.
j.
As set forth in subsection 2-18.3c, Members, all members must maintain a certain active participation percentage and conduct themselves in a professional manner on or off duty that would not discredit or disrepute the Department or the Borough. If said member does not comply, he/she will be subject to disciplinary actions.
[Ord. No. 2014-07]
The following list of disciplinary actions can be taken against
any member of the Department:
a.
Disciplinary actions will be a result of any breach of the Rules
and Regulations and by-laws of the Department. All infractions will
be documented and filed accordingly. Disciplinary actions are based
on progressive discipline. The total assessment of infraction(s),
depending on the severity, is at the discretion of the Disciplinary
Committee. The following is a list in ascending order of disciplinary
actions that could be taken against a member:
1.
Verbal Reprimand;
2.
Written Reprimand;
3.
Final Written Reprimand;
4.
Suspension 30 days starting the day after the Disciplinary Board
hearing;
5.
Suspension 60 days starting the day after the Disciplinary Board
hearing;
6.
Suspension 90 days starting the day after the Disciplinary Board
hearing;
7.
Termination.
b.
A Disciplinary Committee will be established and made up of five
members. The five members will be any two members of the Executive
Board, the President of the Executive Board, and two of the following:
the Chief, Deputy Chief or Battalion Chief. The President of the Executive
Board will chair the Disciplinary Committee.
1.
The Fire Commissioner will be notified on any and all disciplinary
actions taken against a member(s) and will intervene when deemed necessary.
c.
Any infraction will require a notice to be placed in the member(s)
personnel file along with an automatic probationary period lasting
no longer than six months from the outcome of the disciplinary action.
d.
The Disciplinary Committee, at any time during the course of the
duties, can skip the order of the disciplinary action as they feel
necessary depending on the severity of the infraction.
e.
Any appeal to the outcome of a decision made by the Disciplinary
Committee must be written and delivered to the President of the Executive
Board within 30 days of the termination finalization.
f.
Any reinstatement or change in course of action against a member
can only be authorized by the Disciplinary Committee.
[Ord. No. 2014-07]
The following are a list of classifications associated to member
categories within the Department.
c.
Exempt Member. Any member that has been an active member for seven
consecutive years and will be submitted to the State of New Jersey
Firemen's Relief Association as per their guidelines.
d.
Honorary Member. Any member that will be exempt from the training
at the Bergen County Police and Fire Academy but will meet the same
criteria as an Active Member as far as attendance to emergency and
non-emergency events. Honorary members are chosen at the sole discretion
of the Chief.
e.
Past Chief Status. Any member that has been through the ranks of
officers and has held any of the following positions for at least
six years: Chief, Deputy Chief and Battalion Chief.
1.
All Past Chiefs who meet the criteria for the status will be considered
an active member and will be eligible for all benefits that active
members receive. However, the Past Chief status waives all other criteria
requirements that are required for all active members.
f.
Life Member. Any member who has served a period of 25 years as an
active member on the Department.
1.
Any member who meets the criteria for the Life Member will be considered
an active member and will be eligible for all benefits that active
members receive, except the clothing allowance. Life Members will
receive half of the clothing allowance for life.
|
It is the responsibility of the Executive Board, with the assistance
of the Membership Committee, to maintain, distinguish, and keep records
of the different classifications of members as it pertains to the
Department.
|
[Ord. No. 2014-07]
The following are a list of classifications associated to member
status within the Department.
a.
Leave of Absence. Any member of the Department who will become inactive
as a result of personal or business matters may apply for leave of
absence from the Department for up to six (6) months at a time.
1.
To apply for a leave of absence, a member must submit a request for
a leave of absence to the Executive Board in writing. Following receiving
the written request, the Executive Board will review and discuss amongst
themselves and the Chief. After the request is processed, the member
will be notified and it will be addressed at the following Department
meeting.
b.
Medical Leave. Any member of the Department who will become inactive
as a result of any medical condition will be granted medical leave
from the Department for as long as necessary. A confirmation letter
from a certified physician will be required and kept in their personnel
file.
1.
In order for the member to return to full duty, a medical clearance
and proper documentation will be required from a certified physician.
c.
Educational Leave. Any member that is enrolled full-time or part-time
in an educational institution and will require a leave of absence
for educational purposes will be granted educational leave. A written
letter (academic schedule/transcript) from the institution with appropriate
contact information will be required and kept in their personnel file.
d.
Military Leave. Any active member that joins or is deployed with
the United States Armed Forces will be granted leave as long as necessary
and will be considered an active member and automatically receive
monthly stipend and annual clothing allowance. Member is to submit
written document to keep in their personnel file.
[Ord. No. 2014-07]
The following are a list of established Department committees
within the Department. The President of the Executive Board, at the
start of the new two year term, will announce a Chairperson for each
of the following committees. The Chairperson will report to the President
of the Executive Board and be responsible for the duties related to
the committee and must select members to be on the committee.
a.
Membership Committee. The Membership Committee will be made up of
a group of members of the Department and is assigned the task of maintaining
the different classifications of members within the Department and
help to maintain records on all active members. Furthermore, the Membership
Committee is assigned the task of the entire staffing and application
process for all prospective applicants to the Department.
b.
Disciplinary Committee. The Disciplinary Committee will be made up of a group of members of the Department as mentioned in subsection 2-18.6b, and is assigned the tasks of assisting the Executive Board with any disciplinary actions and appeals against any member of the Department.
c.
By-Laws Committee. The By-Laws Committee will be made up of a group
of members of the Department and is assigned the task of maintaining
a current copy of the by-laws and ensure that the by-laws are being
adhered to. They will work in accordance with the Executive Board
and Disciplinary Committee to interpret any by-law related inquiries.
d.
House Committee. The House Committee will be made up of a group of
members of the Department and is assigned the task of ensuring the
firehouse is fully stocked on supplies, is clean, and organized. They
will work in accordance with the Finance Committee to ensure budgeting
and audit trail is preserved with regards to maintaining their duties.
e.
Entertainment Committee. The Entertainment Committee will be made
up of a group of members of the Department and is assigned the task
of organizing events and fundraisers for the Department. They will
work in accordance with the Finance Committee to ensure budgeting
and audit trail is preserved with regards to maintaining their duties.
f.
Finance Committee. The Finance Committee will be made up of a group
of members of the Department to assist the Treasurer of the Department
with any finance related tasks. The Committee is also to assist all
other Department committees with any tasks that require financial
approval.
g.
Stipend Committee. The Stipend Committee will be made up of a group
of members of the Department and is assigned the task of meeting once
a month to calculate the members' percentages based on the call sheets
from the monthly fire calls. The Stipend Committee will also be assigned
the task of maintaining a list of monthly and annual percentages to
be posted in fire headquarters.
h.
Relief Association. The Relief Association will be made up of a separate
Executive Board as well as Trustee Members as mandated by the State
of New Jersey and is assigned the task of following the guidelines
and procedure for the New Jersey State Fireman's Relief Association.
[Ord. No. 2014-07]
The following are a list of insurance and benefits provided
to members of the Department.
a.
Workers Compensation Insurance will be provided to all members of
the Department by the Borough. It is the responsibility of the Borough
to provide Worker's Compensation Insurance to cover all medical costs
incurred by any member of the Department during the course of any
duties related to the Department.
b.
A secondary insurance policy will be taken out by the Borough on
behalf of the Department for accidental death benefits as well as
to cover any Department sponsored events that the members participate
in.
c.
Death benefits are entitled to all members of the Department as per
the State of New Jersey Firemen's Relief Association.
1.
Any member that does not meet the criteria for the Death Benefits
as outlined by the State of New Jersey Firemen's Relief Association
will be covered by the Borough.
d.
Relief Association Benefits. Any active member will be entitled to
Relief Association Annual Benefits as per the State of New Jersey
Firemen's Relief Association requirements.
e.
Stipend Benefit. All members will be entitled to receive a monthly
stipend issued by the Borough if they meet the following requirement.
1.
A member must be considered an active member and respond to a minimum
of 35 percent of the total fire calls for the month.
2.
A member who is an active member but also a Borough employee, with
the exception of full-time police officers, and is physically able
to respond to a fire call, must make a minimum of 40 percent of the
total fire calls for the month.
The stipend percentage is calculated by a points system maintained
by the Stipend Committee.
Only the Chief can deviate from this list and approve extra
credit points towards the total percentage of fire calls for a said
month as he/she deems fit.
The following is the point structure and is subject to change
by the Stipend Committee.
|
Category
|
Time
|
Points
|
|---|---|---|
|
General Fire Calls - General Alarms & Emergencies, Smoke
Condition, Fire
|
6 a.m. - 6 p.m.
|
2 pts.
|
|
Day Calls -Activated Alarms & Non-Emergency
|
6 a.m. - 6 p.m.
|
1 pt.
|
|
Company Calls - Engine, Hose, Truck on a Rotating Basis
|
6 a.m. - 6 a.m.
|
1 pt.
|
|
Special Events - Training Drills, Truck Checks, Work Details,
Meetings
|
6 a.m. - 6 a.m.
|
2 pts.
|
|
The monetary amount of the stipend will be set forth in accordance
to the Borough's Annual Salary Ordinance.
|
f.
Clothing Allowance. All active members shall be entitled to an annual
clothing allowance issued by the Borough before the conclusion of
the calendar year. The amount of the clothing allowance is determined
and approved according to the Borough's Annual Salary Ordinance.
1.
After the completion of the Bergen County Fire Academy, all members
are expected to be fitted for a Class A uniform. The clothing allowance
for that fiscal year will be credited to the purchase of the Class
A uniform.
2.
Life members will receive half of the clothing allowance as set forth
by the Borough.
[Ord. No. 2014-07]
a.
All members are expected to have and maintain a Class A uniform upon
the completion of the Bergen County Police and Fire Academy.
All members when in uniform will be required to wear:
b.
The firefighter's uniform will consist of:
1.
Full Dress:
(a)
Dark Blue single-breasted blouse with four silver Department
buttons and Department patch on left shoulder and Department issued
American Flag on right shoulder.
(b)
Dark blue uniform pants.
(c)
Light blue long sleeve shirt with Department patch on left shoulder
and Department issued American Flag on right shoulder.
(d)
Dark blue standard bell cap with black trim.
(e)
Black tie with Department tie pin optional.
(f)
White gloves.
(g)
Standard Department issued breast and cap badges only.
c.
The Line Officer uniform will consist of:
1.
Full Dress:
(a)
Dark Blue single-breasted blouse with four silver Department
buttons and Department patch on left shoulder and Department issued
American Flag on right shoulder.
(b)
Dark blue uniform pants.
(c)
White long sleeve shirt with Department patch on left shoulder
and Department issued American Flag on right shoulder.
(d)
Dark blue standard bell cap with black trim.
(e)
Black tie with Department tie pin optional.
(f)
White gloves.
(g)
Standard Department issued silver breast and silver cap badge.
(h)
Silver rank bars worn on shirt collar.
(i)
Silver rank lapel pins with either bugles or axes depending
on officers' company and not bigger than one inch worn on blouse lapels.
2.
Summer Dress:
(a)
Dark blue uniform pants.
(b)
White long sleeve shirt with Department patch on left shoulder
and Department issued American Flag on right shoulder.
(c)
Dark blue standard bell cap with black trim.
(d)
Standard Department issued silver breast and silver cap badge.
(e)
Silver rank bars worn on shirt collar.
d.
The Chief Officer's uniform will consist of:
1.
Full Dress:
(a)
Dark Blue single-breasted blouse with four silver Department
buttons and Department patch on left shoulder and Department issued
American Flag on right shoulder.
(b)
Dark blue uniform pants.
(c)
White long sleeve shirt with Department patch on left shoulder
and Department issued American Flag on right shoulder.
(d)
Black tie with Department tie pin optional.
(e)
White gloves.
(f)
Standard Department issued gold breast and gold cap badge.
(g)
Gold rank pins worn on shirt collar.
(h)
Gold and red rank lapel pins worn on blouse lapels.
(i)
White standard bell caps with gold trim, solid black brim, and
a one-inch black band around cap.
2.
Summer Dress:
(a)
Dark blue uniform pants.
(b)
White long sleeve shirt with Department patch on left shoulder
and Department issued American Flag on right shoulder.
(c)
White standard bell caps with gold trim, solid black brim, and
a one-inch black band around cap.
(d)
Standard Department issued gold breast and gold cap badge.
(e)
Gold rank pins worn on shirt collar.
f.
Miscellaneous:
1.
When in uniform, hair longer than shoulder length must be secured
under your cap.
2.
No adornments of any kinds such as nametags, flags, pins, etc., shall
be worn at any time.
3.
Fire service awards may be worn above the breast badges.
4.
Gold sewn on hash marks may be worn on the left forearm for each
five years of service with permission by the Chief.
5.
Must be clean shaven and presentable.
[Ord. No. 2-1968, S1-S4]
a.
For the purpose of this subsection, The East Bergen Mutual Aid System
consists of the following municipalities: Cliffside Park, Englewood
Cliffs, Fairview, Fort Lee, Leonia, Palisades Park, Ridgefield and
Edgewater.
b.
Whenever, in the opinion of the chief of the fire department of Cliffside
Park, equipment and men are available to assist any municipality which
is a member of the East Bergen Mutual Aid System, such equipment and
men may be dispatched to the municipality when requested by it.
c.
Whenever, in the opinion of the chief of the Cliffside Park Fire
Department, equipment and men in addition to that of the borough are
needed to control any fire or conflagration within this borough, he
may request assistance from any member of the East Bergen Mutual Aid
System in the manner prescribed by the rules governing the operation
of the system.
d.
The mayor and council shall, by resolution, make rules and regulations
governing the participation of the Cliffside Park Fire Department
in the East Bergen Mutual Aid System and may also by resolution authorize
the execution of such agreements, the performance of such other acts
and the expenditures of such funds as may be required to effectuate
the purposes of this subsection.
[Ord. No. 4-74, S1]
The office of deputy municipal clerk is hereby created.
[Ord. No. 4-74, S2]
The person to occupy the office shall be one of the clerk's
in the municipal clerk's office designated by the mayor, with the
consent of the council and there shall be no extra compensation during
the time he carries on the duties of the deputy municipal clerk; his
duties during the time he occupies the office of deputy municipal
clerk shall be the same as the municipal clerk and such other duties
as are assigned to him by the borough council. During the absence
or disability of the municipal clerk, the deputy municipal clerk shall
have all the powers of the municipal clerk and shall perform the functions
and duties of the office.
[Ord. No. 13-74, S1]
The position of deputy tax assessor shall be created in the
borough and the compensation for such position shall be as determined
by the mayor and council by ordinance.
[Ord. No. 7-75, S1]
The position of deputy clerk of the municipal court is hereby
created.
[Ord. No. 7-75, S2]
The deputy clerk shall serve for a term expiring on December
31, 1975 and thereafter the appointment shall be on a yearly basis.
[Ord. No. 7-75, S3]
The deputy clerk shall receive an annual salary to be determined
by the mayor and council.
[Ord. No. 7-75, S4]
The deputy clerk may be appointed by the mayor with the advice
and consent of the council.
[Ord. No. 7-75, S5]
The deputy clerk shall perform such functions and duties as
shall be prescribed by law, the rules applicable to municipal courts
and as required by the municipal judge.
[Ord. No. 20-75, S1]
Any person claiming payment from the borough shall first submit
a detailed statement of the items or demand necessitating such claim
to the responsible executive agency, specifying particularly how the
bill or demand is made up, and the certification of the party claiming
payment, that it is correct. No bill, claim or demand shall be considered
for payment unless the voucher has attached to it (or includes) a
certification from a designated borough employee having personal knowledge
of the facts that the goods have been received by, or the services
rendered to the Borough of Cliffside Park, and that those goods or
services are consistent with an existing contract or purchase order.
The treasurer-collector shall have the duty or audit, warrant and
make recommendation for all claims and bills.
[Ord. No. 20-75, S2]
The bill or claim duly certified shall be presented to the borough
clerk for inclusion in the proceedings of the next immediate formal
meeting of the borough council and it shall be the duty of the clerk
to examine all bills or claims submitted for payment in order to ascertain
if proper administrative procedures have been followed. All claims
or bills to be considered by the borough council shall be listed systematically
and without preference and such list shall be made available to every
member of the council at least three full days prior to formal action
by that body.
[Ord. No. 20-75, S3]
Claims shall be considered by the council which shall approve
the same, except that the borough council may reject any claim presented
to it, stating the reason for such rejection. Any tie votes may be
broken by vote of the Mayor. Any disapproved claim shall be referred
back to the borough clerk with such instructions as the borough council
may give at the time of disapproval.
[Ord. No. 20-75, S4]
It shall be the duty of the borough clerk to report all claims
in the official minutes or through an appropriate claims register,
indicating that the borough council has, by formal action, approved
same with appropriate records as to any claims disapproved or rejected.
All records pertaining to approved or disapproved bills or claims
shall be made available for public inspection.
[Ord. No. 20-75, S5]
The treasurer (collector) shall make disbursements upon receipt
of an order by the borough council, attested by the borough clerk.
If, in the event the mayor vetoes the payment of any claims or bills,
the treasurer (collector) may be authorized to make payment by a vote
of the borough council whereby at least two-thirds of all the councilmen
vote to override such veto of any claim or bill.
[Ord. No. 20-75, S6]
After the clerk has certified that the claim has been approved,
he shall turn the same over to the treasurer (collector), who shall
forthwith prepare the necessary checks for the payment thereof, which
checks shall be signed by the mayor and thereafter signed by the treasurer
(collector). After preparing checks for the payment of claims, he
shall record them in proper books of account and thereafter mail the
checks to the claimants.
[Ord. No. 20-75, S6]
The aforesaid provisions of this section are made pursuant to
the provisions of N.J.S.A. 40A:5-16 through 18, 40:87-50, 40:87-51
and such other statutes applicable thereto.
[Ord. No. 7-88, SI]
Developer(s) and/or applicant(s) applying for developmental
approval shall be chargeable with the reasonable costs of services
of an extraordinary nature required to be performed by any professional
appointees of the borough and its various boards and agencies, such
as engineers, accountants, attorneys and the like, for services arising
out of such development applications, agreements, litigation, condemnation
and related matters.
[Ord. No. 7-88, SII]
For the purpose of providing for the payment of such extraordinary
services, the borough and its various boards and agencies may require,
through agreements with such developers or applicants, the posting
of reasonable escrows for the payment of such services, which agreements
may be incorporated within any agreements entered into between the
borough, its boards and agencies, and such applicant(s) and/or developer(s).
[Ord. No. 1-89]
Chapter 110 of the Public Laws 1988 of the State of New Jersey
requires all municipal governments in New Jersey to have a chief financial
officer.
[Ord. No. 1-89]
Be it ordained by the mayor and council of the Borough of Cliffside
Park that the position of chief financial officer is created and the
person who is appointed to such position shall be a certified municipal
finance officer under section 5 of P.L. 1988, c. 110 to carry out
the responsibilities set forth under P.L. 1947, c. 151 (c. 52:27BB-26
et seq.) by this law and further reference can be found in N.J.SA.
40A:9-140.1 et seq., as amended, and that a budgetary allocation shall
be created and an appointment to the position of chief financial officer
shall be made.
[Ord. No. 1-89]
A certified copy of this ordinance, codified as section 2-24 of the municipal code, and a certified copy of the resolution appointing the chief financial officer of the Borough of Cliffside Park shall be sent to the Director of the Division of Local Government Services for the State of New Jersey.
[Ord. No. 3-89]
The position of parking enforcement officer is created within
the Borough of Cliffside Park and said position shall be subject to
the authority of the chief of police or such other duly authorized
official of the Borough of Cliffside Park to fulfill the duties and
responsibilities of a parking enforcement officer.
[Ord. No. 3-89]
The power and authority of the parking enforcement officer shall
be as follows:
a.
The governing body may, as it deems necessary, appoint parking enforcement
officers to enforce state, county or municipal statutes, resolutions,
ordinances or regulations related to the parking of vehicles within
the municipality. A parking enforcement officer possesses the power
and authority, in the manner and to the extent granted by the municipality,
to:
1.
Issue a parking ticket for a parking offense, as those two terms
are defined in the "Parking Offenses Adjudication Act", P.L. 1985,
c. 14 (C. 39:4-139.2 et seq.);
2.
Serve and execute all process for any parking offense issuing out
of the court in the municipality having jurisdiction over the complaint;
and
3.
Cause any vehicle parked, stored or abandoned in the municipality
in violation of a statute, resolution, ordinance or regulation to
be towed away from the scene of the violation and to collect from
the vehicle owner or the owner's agent, on behalf of the municipality,
the costs of the towing and subsequent storage of the vehicle before
surrendering the vehicle to the owner or agent.
b.
For purposes of this section, "parking enforcement officer" includes,
but is not limited to, such similar titles as "parking control officer"
and "parking violation officer" if the appointment, functions and
authority of persons holding these titles are in compliance with the
provisions of the act. A parking enforcement officer is not a special
law enforcement officer within the meaning of the "Special Law Enforcement
Officers Act", P.L. 1985, c. 439 (C. 40A:14-146.8 et seq.) and is
not a member of the police force of the municipality in which he is
employed as a parking enforcement officer. No parking enforcement
officer may carry or use a firearm while on duty. A parking enforcement
officer is deemed to be on duty while the officer is performing the
public safety functions enumerated in paragraph a of this subsection
and for which the officer is receiving compensation, if any, from
the municipality at the rates or stipends as established by ordinance.
A parking enforcement officer is not eligible for membership
in the Police and Firemen's Retirement System established pursuant
to P.L. 1944, c. 255 (C. 43:16A-1 et seq.).
c.
No person may be appointed as a parking enforcement officer unless,
at a minimum, the person:
1.
Is a resident of this State during the term of appointment;
2.
Is able to read, write and speak the English language well and intelligently;
3.
Is of sound mind and in good health;
4.
Is of good moral character; and
5.
Has not been convicted of any offense involving dishonesty or which
would make the person unfit to perform the duties of his office.
d.
Application; Eligibility.
1.
An applicant for the position of parking enforcement officer appointed
pursuant to this acts shall have fingerprints taken, which fingerprints
shall be filed with the Division of State Police and the Federal Bureau
of Investigation.
2.
Before any parking enforcement officer is appointed pursuant to this
act, the chief of police or other chief law enforcement officer of
the municipality shall ascertain the eligibility and qualifications
of the applicant and report these determinations in writing to the
appointing authority.
e.
No person appointed after the effective date of this act may commence
duties as a parking enforcement officer unless that person has successfully
completed a training course conducted or approved by the municipality.
The appointing authority may waive this training requirement for any
person otherwise eligible to be appointed as a parking enforcement
officer under this act if the person possesses substantially equivalent
training and background, as determined by the chief of police or other
chief law enforcement officer.
f.
Uniforms; Insignia.
1.
Prior to commencement of duties, every parking enforcement officer
shall be furnished with a uniform which shall clearly identify the
officer's function. The uniform shall include, but not be limited
to, a hat and appropriate badges which shall bear an identification
number or name tag and the name of the municipality in which the officer
is employed. The uniform shall also include an insignia issued by
the municipality which clearly indicates the officer's status as a
parking enforcement officer. The uniform shall be distinct in color
from the uniform of a regular police officer or special law enforcement
officer.
2.
A municipality shall issue permanent insignia not later than 90 days
following its first appointment of a parking enforcement officer or
not later than 90 days following the effective date of this act for
persons designated as parking enforcement officers under the provisions
of paragraph h of this subsection. The municipality may issue temporary
insignia for use prior to the issuance of permanent insignia.
g.
The municipality may charge a responsible fee, as determined by the
appointing authority for uniforms supplied pursuant to this act, but
shall not charge a fee for the costs of required training or the issuance
of a certificate of appointment.
h.
Except as provided in paragraph I of this subsection, all persons
employed by a municipality, other than regular police officers and
special law enforcement officers, who are performing the functions
enumerated in paragraph a of this subsection on the effective date
of this act, are hereby designated as parking enforcement officers
and are deemed to be governed by the provisions of this act.
i.
The provisions of this act do not apply to persons appointed pursuant
to subsection (3)(d) of section 22 of P.L. 1948, c. 198 (C. 40:11A-22(3)(d))
who perform under the supervision and direction of a municipal parking
authority.
[Ord. No. 3-93, SI; Ord. No. 2011-02]
Borough administrator shall assist the mayor and council, provide
a liaison between the governing body and the various departments,
under the supervision and control of the mayor and council, and shall
fulfill such other duties as shall be specifically assigned by said
mayor and council from time to time, including, but not limited to
the following:
a.
Position of deputy borough administrator. The position of deputy
borough administrator as hereby created and the employment of a person
to fill such position is hereby authorized. The deputy borough administrator
shall assist the borough administrator and the mayor and council,
under the supervision of the borough administrator.
b.
Duties of the borough administrator and deputy borough administrator.
The duties of the borough administrator and/or deputy borough administrator
are as follows:
1.
Attend all meetings as directed by the mayor and council.
2.
Be responsible or assist the coordination of intradepartmental operations,
and manage the daily operation of Borough Hall; coordinating and supervising
the clerical staff;
3.
The deputy borough administrator shall keep the mayor and council
or borough administrator respectively informed on all matters assigned
to him or otherwise within his jurisdiction;
4.
The borough administrator shall keep the mayor and council informed
on all matters assigned to him or otherwise within his jurisdiction;
5.
The borough administrator and/or deputy borough administrator shall
be responsible for continually improving communications between the
various borough personnel, departments, agencies, boards and the mayor
and council;
6.
The borough administrator and/or deputy borough administrator shall
review all complaints concerning the functions and obligations of
the borough; and the borough administrator and/or deputy borough administrator
shall maintain a permanent record of all complaints and the disposition
made.
7.
The borough administrator and/or deputy borough administrator shall
make any recommendations which will increase the efficiency of the
operation of the borough;
8.
The deputy borough administrator shall make recommendations to the
mayor and council or borough administrator concerning budgets, purchasing
procedures, administrative procedures, personnel and other matters
concerning operation of the borough;
9.
The borough administrator shall make recommendations to the mayor
and council concerning budgets, purchasing procedures, administrative
procedures, personnel and other matters concerning operation of the
borough;
10.
The deputy borough administrator shall act as liaison between the
borough and county, State and Federal agencies, with respect to application
for funds and/or services needed or required by the borough or at
the direction of the borough administrator;
11.
The borough administrator and/or deputy borough administrator shall
assist in the preparation of the budget by alerting department heads
concerning submission of their portion thereof.
[Ord. No. 3-93, SII; Ord. No. 2011-02]
Said borough administrator or deputy borough administrator shall
be appointed by the mayor with advice and consent of the borough council
for a term of four years.
[Ord. No. 3-93, SIII; Ord. No. 2011-02]
The borough administrator or deputy borough administrator shall
be appointed on the basis of executive and administrative abilities
and qualifications with special regard to training and experience
in government affairs.
[Ord. No. 3-93, SIV; Ord. No. 2011-02]
The duties of the borough administrator and deputy borough administrator
shall be such that they shall not infringe upon duties, rights and
powers of other borough officers designated by statute or by borough
ordinance. The borough administrator or deputy borough administrator
shall be responsible to the mayor and council for the proper and efficient
administration of the borough's affairs.
[Ord. No. 3-93, SV; Ord. No. 2011-02]
The borough administrator and/or deputy borough administrator
shall receive the compensation as fixed from time to time by ordinance
by the mayor and council.
[Ord. No. 6-93, SSI-III]
a.
Title. This section shall be known and may be cited as the Cooperative
Pricing Ordinance of the Borough of Cliffside Park.
b.
Authorization. Pursuant to the provisions of N.J.S.A. 40A:11-11(5)
the Borough of Cliffside Park is hereby authorized to enter into a
cooperative pricing agreement with the lead agency or any other contracting
unit within the County of Bergen or adjoining counties for the purchase
of work materials and supplies.
c.
Compliance with Other Laws. The lead agency entering into contracts
on behalf of the Borough of Cliffside Park shall be responsible for
complying with the provisions of the Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.) and all other provisions of the Revised Statutes
of the State of New Jersey.
[Ord. No. 7-2002, SI; Ord. No. 2008-01, SI; Ord.
No. 2011-03]
a.
The New Jersey State Department of Health has issued licensure for
the municipality emergency medical services program (the "program")
administered by the municipality division of ambulance services (the
"division"); and
b.
The program has been in operation providing experience and statistics
regarding the service and the patients served; and
c.
The division has applied for a "provider number" from the Federal
and State Medicare/Medicaid Programs, enabling the municipality to
institute third party payment plan (the "payment plan"); and
d.
Most residents have a health insurance plan or Medicare/Medicaid,
which provides payments to relieve their payment obligations; and
as for Medicare, the Center for Medicare/Medicaid Services has issued
an opinion by the Office of Investigative General that municipalities
that operate ambulance service can waive co-pays and deductibles for
Medicare patients; and
e.
It is in the best interest of taxpayers of the municipality to establish
the third party payment plan in accordance with the Health Care Finance
Administration Guidelines ("HCFA") so that taxpayers will not be responsible
for any out of pocket expenses.
1.
The director of the division (the "director") and the chief financial
officer of the municipality's EMS program consultant will be responsible
for the plan's billing.
2.
Fees to be charged for Cliffside Park EMS services shall be seven
hundred fifty ($750.00) dollars for ambulance transportation, plus
twelve ($12.00) dollars per mile per trip. Nontransports, where aid
is provided, are two hundred fifty ($250.00) dollars.
3.
The director and the CFO shall annually review the plan's cost accounting
records. The CFO shall obtain an industry average.
4.
The (division) is authorized to enter into contracts with various
hospitals that provide ALS services to the patients that are transported
by Cliffside Park Ambulance Service allowing the hospitals to bundle
bill Medicare for services rendered. The hospital will reimburse the
municipality its transportation costs within 45 days of receiving
payment.
5.
CFO shall annually, no later than March 1, adjust the fee for services
as set forth in paragraph E2 herein pursuant to the recommendation
of the director and the EMS program consultants.
6.
A certified copy of this section shall be filed with the applicable
Federal and/or State agencies.
[Ord. No. 3-2004, S1]
The purpose of this section is to implement the provisions of
N.J.S.A. 17:3-8 to 17:36-13 and/or any other power granted to the
municipality by either statute, common law or the Constitutions of
the United States of America or the State of New Jersey to provide
a means whereby municipal liens are a first claim and paramount to
all other claims on fire or other catastrophic insurance proceeds
with respect to fire and/or catastrophic damaged real property located
in the Borough of Cliffside Park.
[Ord. No. 3-2004, S2]
The Borough of Cliffside Park does hereby prohibit the payment
to a claimant, by any insurance company of any claim in excess of
two thousand five hundred ($2,500.00) dollars for fire or other catastrophic
damage which occurred on any real property located within this borough
pursuant to any fire or catastrophic insurance policy insuring real
property in the Borough of Cliffside Park.
[Ord. No. 3-2004, S3]
a.
Prior to the payment of any fire or catastrophic insurance claim
in excess of two thousand five hundred ($2,500.00) dollars, the insurance
company shall request from the borough an official certificate of
search, to be executed by the appropriate bonded municipal official
responsible for preparing such certificates. This certificate will
establish whether all taxes, assessments or any other municipal liens
which may have arose as a result of a fire or other catastrophic occurrence
are presently due and payable to the borough. In the event that the
certificate aforestated establishes that there are outstanding sums
due and payable to the borough, all sums so payable shall be paid
by the insurance company to the Borough of Cliffside Park, prior to
the payment of any fire or catastrophic damage claims are tendered
to property owner in excess of two thousand five hundred ($2,500.00)
dollars.
b.
1.
In addition to the requirements established in paragraph a, the insurance
company or its insured shall also be required to procure, complete
and submit to the borough clerk or his designee for filing on an officially
prescribed form indicating that demolition of the fire-damaged or
catastrophically-damaged property is not required or that the cost
of demolition and all other ancillary costs incurred by the borough
have been paid.
2.
Nothing in this paragraph b or this subsection shall preclude the
borough construction code official from ordering the immediate demolition
of any improvement situate on real property, if in that person's official
capacity a declaration of emergency has been declared which requires
the immediate demolition of the improvement. If this occurrence were
to develop, the property owner shall be bound to the provisions of
this section as delineated herein.
3.
If the demolition has not yet occurred on the date of the filing
of the certificate required by this subsection, the insured shall
provide and stipulate on that certificate an estimate of the anticipated
costs of demolition. The insurer, on notice to the insured, shall
pay the anticipated cost of demolition to the borough, which shall
deposit the funds in an interest-bearing account in a state or federally
chartered bank, savings bank or savings and loan association in this
state. These funds are tendered to insure compliance of the demolition
by the property owner.
4.
For the purposes of this section, the phrase "ancillary costs incurred
by the borough" is defined as follows:
All costs expended by the borough for extraordinary municipal
services incurred by the borough resulting for the benefit of a real
property owner or required to preserve the health, safety and welfare
of the Borough of Cliffside Park or its residents which resulted from
a fire or other catastrophic occurrence.
(a)
The extraordinary municipal services shall include but are not
limited to police and/or special police protection or services in
excess of eight hours;
(b)
Costs of relocating tenants in emergency housing;
(c)
The incurring of any debt by the borough which has not been
included in its budget (i.e., any and all costs incurred by the borough
in the declaration of an emergency including professional or other
soft costs).
(d)
The replacement cost of any and all municipal equipment which
is damaged or destroyed in the course of the addressing the fire or
other catastrophic occurrence.
(e)
Any other documented cost incurred by the borough which developed
as a result of municipal involvement addressing the extinguishment
of a fire, or other catastrophic occurrence including but not limited
to demolition, dumping or tipping fees, use of supplies, etc.
(f)
The provisions of this section shall apply to property which
is adjacent to or in the immediate proximity of the property which
is damaged by a fire or other catastrophic occurrence, and requires
remediation of any type in excess of two thousand five hundred ($2,500.00)
dollars which occurrence caused the borough to utilize extraordinary
services as a result of the fire or catastrophic occurrence, occurring
on another parcel.
(g)
Once the borough's costs are quantified and levied by resolution
against the property in question, they shall, for the purpose of this
section, generally be defined as municipal liens.
[Ord. No. 3-2004, S4]
a.
The Mayor and Council or its designee may enter into an agreement with the owner of any fire or catastrophically damaged property to pay in full all delinquent taxes, assessments or any other municipal liens by installments, pursuant to this section and/or N.J.S.A. 54:5-19, or for the redemption of a tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 as hereinafter may be amended.
b.
In the event the council or its designee enter into such an agreement,
a certified copy of the agreement and resolution authorizing acceptance
of the agreement by the borough shall be tendered to the property
owner's insurance carrier which document shall act as authorization
to the insurance carrier to issue a payment claim as per the agreement.
c.
In the event the borough enters into an agreement per this section,
nothing herein shall be construed as the borough subordinating its
lien to any entity or lien holder affecting the property, except as
otherwise described herein.
[Ord. No. 3-2004, S5]
a.
The property owner may challenge in the Superior Court of the State
of New Jersey upon the filing of an action in lieu of prerogative
writs, the amount of any municipal lien established pursuant to this
section (excepting that an appeal on the assessed valuation of real
property pursuant to N.J.S.A. 54:3-21 as hereinafter amended shall
only be appealable in the Superior Court of the State of New Jersey
Tax Court) shall be filed within 45 days from when the borough provides
either expressed or implied notice to the property owner. Expressed
notice shall be defined as written notice mailed by first class mail
addressed to the property owner's last known address, or to his designee
or agent; implied notice shall be effective when the municipal lien
is recorded into the municipal tax records.
b.
As a condition precedent to the filing of the prerogative writ, the
insurer shall issue and deposit a draft payable to the Superior Court
State of New Jersey the jurisdictional amount totaling not less than
75 percent of the final amount of the municipal lien or charge being
contested. However, said sum shall not exceed the proceeds payable
under its insurance policy. The insurer shall issue a draft payable
to the Borough of Cliffside Park for the remaining 25 percent of the
lien or charge being contested.
c.
The full amount paid by the insurer to the court and to the Borough
of Cliffside Park shall not exceed the proceeds payable under the
insurance policy (policy limits).
d.
Pending finalization of all judicial proceedings including appeals,
the funds plus all statutorily accrued interest shall be disbursed
in accordance with the nonappealable final order or judgment of the
court or pursuant to the Superior Court rules of the State of New
Jersey.
[Ord. No. 3-2004, S6]
a.
The Borough of Cliffside Park's lien shall be paramount to any other
recorded liens affecting the property including damage claims against
the policy arising from the fire or catastrophic occurrence, excepting:
1.
The claim of the holder of a purchase money mortgage held as a first
mortgage; or
2.
Institutional lender which is a holder of a recorded mortgage liening
the property. As used in this section, "institutional lender" is defined
as any state or federally chartered bank, savings bank, savings and
loan association or insurance company.
b.
In the event that the aforestated entity preempts the borough's lien,
said preemption shall not be construed to extinguish the borough's
lien, which may be sold to a third party with interest to accrue analogously
to a tax sale certificate. Nothing herein shall give the purchaser
of the borough's lien the right to foreclose, unless specifically
permitted per state statute, however the lien shall be granted priority
per its date of recording with the Bergen County Clerk.
[Ord. No. 3-2004, S7]
Nothing in this section shall be construed to obligate an insurance
company for any amount in excess of the value of the fire or catastrophic
insurance policy on the property.
[Ord. No. 3-2004, S8]
a.
Any person who violated this section or fails to comply with any
provisions thereof, shall, upon conviction, be subject to a fine nor
not more than one thousand ($1,000.00) dollars or a period of community
service not to exceed ninety (90) days, or a combination thereof.
b.
Each violation may result in the issuance of a daily summons, each
of which shall be construed as a separate offense.
[Ord. No. 2007-06; SI]
a.
The Borough of Cliffside Park shall not charge a fee for persons
seeking to be married or joined in civil union by the Mayor of Cliffside
Park.
b.
In lieu of a fee, persons seeking to be married or joined in civil
union by the Mayor of the Borough of Cliffside Park may make a voluntary
charitable donation.
c.
All donations received by the Borough of Cliffside Park from persons
seeking to be married or joined in civil union by the Mayor of the
Borough of Cliffside Park shall be deposited into a separately dedicated
interest bearing account in a federally insured banking institution,
or its equivalent, licensed to do business in the State of New Jersey.
d.
All donations received by the Borough of Cliffside Park from persons
seeking to be married or joined in civil union by the Mayor of the
Borough of Cliffside Park shall be disbursed for a charitable purpose,
by resolution and vote by the Mayor and Council of the Borough of
Cliffside Park.
[Ord. No. 2009-22, S1]
Pursuant to N.J.S. 43:15C-2, the following positions and appointments
after January 1, 2010 are deemed to be eligible for and shall participate
in the Defined Contribution Retirement Program:
[Ord. No. 2009-22, S2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.
43:15C-2:
[Ord. No. 2009-22, S3]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2014-03]
a.
The Borough publicly declares its intent to become an aggregator
of electric power and natural gas on behalf of its residential and
nonresidential users of electricity and natural gas pursuant to the
Government Energy Act of 2003, N.J.S. 48:3-91.3 to -98, and implementing
regulations.
b.
The Borough will utilize Jersey Energy Group's Reverse Energy Auction
Platform pursuant to the NJ E-PROCUREMENT Pilot program (P.L. 2001,
c.30) under the NJ Department of Community Affairs. The Reverse Energy
auction will seek bids from licensed and appropriate third party suppliers.
If such winning bid is selected and agreement executed, individual
residential consumers would retain the option not to participate and
to choose any alternatives they desire, while nonresidential ratepayers
would also have the right to participate.
c.
The Mayor and Borough Clerk are hereby authorized and directed to
execute any documents necessary to carry out the purpose of the section.
[Ord. No. 2015-11 § 2]
The duties of Manager of Municipal Operations shall be:
a.
Maintain liaison between the Borough Administrator and Governing
Body and the Departments of Parks Maintenance and Buildings and Grounds
Maintenance;
b.
Advise the Administrator on all issues regarding personnel and administration
of the Departments of Parks Maintenance and Buildings and Grounds
Maintenance;
c.
Prepare all necessary reports regarding the activities of the aforestated
Departments;
d.
Manage work operations and /or functional programs;
e.
Responsible for all employee evaluations; and effectively recommend
to the Borough Administrator and Governing body the hiring, firing,
promoting, demoting and/or disciplining of employees in the Departments
of Parks Maintenance and Buildings and Grounds Maintenance;
f.
Supervise the establishment and maintenance of essential records
and files regarding the assigned departments;
g.
Provide suitable assignments and instructions to the employees of
the Departments of Parks Maintenance and Buildings and Grounds Maintenance;
h.
Receive and handle complaints relative to those assigned departments;
i.
Plan and supervise the obtaining, storing, safeguarding, distributing
and proper use of available funds, personnel, equipment, materials
and supplies;
j.
In coordination with the Supervisors of Park Maintenance and Building
and Grounds Maintenance, direct snow and ice control in winter including
salting, plowing and removal activities;
k.
Develop effective work plans relating to the assigned Departments;
l.
In coordination with the Supervisors of Parks Maintenance and Buildings
and Grounds Maintenance, develops, administers, and implements a variety
of parks, buildings and grounds programs, including but not limited
to, construction, reconstruction and improvement of public buildings
and grounds and recreation and parks facilities;
m.
Review, inspect and approve plans and specifications and consult
with engineers, architects and general contractors on construction
projects;
n.
Review and determine factors that cause inefficient or ineffective
use of public funds related to the function;
o.
Prepare recommendations for the improvement of processes and techniques
used by the assigned Departments;
p.
In coordination with the Borough Administrator, establish priorities
among work programs and implement plans;
q.
In coordination with the Borough Administrator, prepare the annual
capital improvement budget for consideration by the Governing Body;
r.
Perform other duties as assigned by the Borough Administrator.
[Ord. No. 2015-11 § 3]
The Manager of Municipal Operations shall demonstrate to the
satisfaction of the Borough of Cliffside Park, at a minimum, the following
qualifications:
a.
Shall have a minimum five years of demonstrable experience as a public
buildings and grounds supervisor.
[Ord. No. 2015-11 § 4]
There is hereby created within the Borough of Cliffside Park
the position of Manager of Municipal Operations, who shall serve as
a confidential employee of the Borough of Cliffside Park and report
directly to the Borough Administrator. The position serves at the
pleasure of the Governing Body with the advice and consent of said
Governing Body. The title and position, being Manager of Municipal
Operations, is not located within either the Departments of Parks
Maintenance or Buildings and Grounds Maintenance, but is rather an
office existing separate and apart from each, reporting directly to
the Borough Administrator. The Supervisors of Parks Maintenance and
Buildings and Grounds Maintenance, or the highest position in each
Department in the absence of such Supervisors, shall report directly
to the Manager of Municipal Operations. The Supervisors of Parks Maintenance
and Building and Grounds Maintenance, or in their absence the next
highest position of each respective Department, shall receive assignments
from the Manager of Municipal Operations. Nothing in this section
is intended to limit or impair the ability of the Borough Administrator
to make workload assignments directly to any official or position
in the Borough of Cliffside Park, nor is it intended to limit or impair
the ability of the Borough Administrator to directly communicate with
any official or position in the Borough of Cliffside Park.
