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Township of Berkeley, NJ
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Municipal Code
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Chapter 2 Administration
Chapter 2
Administration
Editor's Note: Salaries and compensation of officers and employees of the Township shall be as stated in the existing Salary Ordinance.
Article I
General Provisions
§ 2-1
TITLE; DEFINITIONS; PURPOSE.
§ 2-1.1
Title.
§ 2-1.2
Definitions.
§ 2-1.3
Interpretation.
§ 2-1.4
Purpose.
§ 2-1.5
Severability.
§ 2-1.6
Construal; Repealer.
§ 2-1.7
Temporary Position.
Article II
Township Council
§ 2-2
TOWNSHIP COUNCIL; PRESIDENT OF THE COUNCIL; MEMBERS; DUTIES.
§ 2-2.1
Council's Function as Legislative Branch.
§ 2-2.2
Term; Qualifications.
§ 2-2.3
Powers and Duties.
§ 2-2.4
Councilmatic Appointments.
§ 2-2.5
(Reserved)
§ 2-2.6
Committees of the Township Council.
§ 2-2.7
President of Council.
§ 2-2.8
Vice President of Council.
§ 2-2.9
Temporary Presiding Officer.
§ 2-2.10
Council Requirements.
Article III
Mayor
§ 2-3
THE OFFICE OF THE MAYOR.
§ 2-3.1
Election; Term; Compensation (Mayor).
§ 2-3.2
Powers and Duties.
§ 2-3.3
Temporary Absence.
§ 2-3.4
Vacancy.
§ 2-3.5
Recall.
§ 2-3.6
Budget.
§ 2-3.7
Appointments.
Article IV
Meetings of the Township Council
§ 2-4
COUNCIL MEETINGS.
§ 2-4.1
Organization Meeting.
§ 2-4.2
Regular Meetings.
§ 2-4.3
Special Meetings.
§ 2-4.4
Caucus Meetings.
§ 2-4.5
Rules of Procedure.
§ 2-4.6
Ordinances, Resolutions and Motions.
§ 2-5
(RESERVED)
Article V
Officers and Employees
§ 2-6
TOWNSHIP CLERK.
§ 2-6.1
Appointment.
§ 2-6.2
Term; Qualifications.
§ 2-6.3
Compensation.
§ 2-6.4
Tenure.
§ 2-6.5
Vacancy or Absence.
§ 2-6.6
Duties and Powers.
§ 2-6.7
Custodian of Records.
§ 2-6.8
Custodian of the Seal.
§ 2-6.9
Municipal Search Officer.
§ 2-6.10
Clerk of Elections.
§ 2-6.11
Affirmative Action Officer.
§ 2-6.12
through § 2-6.16. (Reserved)
§ 2-6.17
Deputy Township Clerk.
§ 2-7
BUSINESS ADMINISTRATOR.
§ 2-7.1
Appointment.
§ 2-7.2
Term; Qualifications.
§ 2-7.3
Powers and Duties.
§ 2-8
DEPUTY TREASURER.
§ 2-8.1
Creation of Office.
§ 2-8.2
Duties.
§ 2-9
TAX ASSESSOR.
§ 2-9.1
Appointment.
§ 2-9.2
Duties.
§ 2-9.3
Deputy Tax Assessor.
§ 2-10
REGISTRAR OF VITAL STATISTICS.
§ 2-10.1
Appointment.
§ 2-10.2
Term.
§ 2-10.3
Qualifications.
§ 2-10.4
Compensation.
§ 2-10.5
Absence, Disqualification or Vacancy.
§ 2-10.6
Duties.
§ 2-10.7
Deputy Registrar of Vital Statistics.
§ 2-11
TOWNSHIP HISTORIAN.
§ 2-11.1
Creation and Appointment; Compensation.
§ 2-11.2
Powers and Responsibilities.
§ 2-12
QUALIFIED PURCHASING AGENT.
§ 2-12.1
Establishment.
§ 2-12.2
Appointment.
§ 2-12.3
Duties.
§ 2-12.4
Compensation.
§ 2-13
NETWORK ADMINISTRATOR.
§ 2-13.1
Position Created.
§ 2-13.2
Duties.
§ 2-13.3
Qualifications.
§ 2-13.4
Salary.
§ 2-14
DIRECTOR OF STAFF OPERATIONS.
§ 2-14.1
Director of Staff Operations; Position Created.
§ 2-14.2
Duties.
§ 2-14.3
Qualifications.
§ 2-14.4
Salary.
§ 2-15
through § 2-22. (Reserved)
Article VI
(Reserved)
§ 2-23
through § 2-25. (RESERVED)
Article VII
Departments
§ 2-26
DEPARTMENT HEADS.
§ 2-26.1
Appointment and Removal of Department Heads.
§ 2-26.2
Powers and Duties.
§ 2-26.3
Vacancies in Office of Director.
§ 2-26.4
Director Serving in Other Positions; Full-Time Service Required.
§ 2-26.5
Deputy Municipal Department Head.
§ 2-27
DEPARTMENT OF ADMINISTRATIVE SERVICES.
§ 2-27.1
Establishment.
§ 2-27.2
Office of Information Technology.
§ 2-27.3
Division of Police.
§ 2-27.4
Office of the Township Historian.
§ 2-27.5
Office of Emergency Management.
§ 2-27.6
Division of Recreation.
§ 2-28
DEPARTMENT OF ENGINEERING.
§ 2-28.1
Establishment; Director.
§ 2-28.2
Powers and Duties of Township Engineer.
§ 2-28.3
Records; Compensation.
§ 2-29
DEPARTMENT OF TREASURY, FINANCE AND COLLECTION.
§ 2-29.1
Established; Department Head.
§ 2-29.2
Term; Qualifications.
§ 2-29.3
Powers and Duties of Department Head.
§ 2-29.4
Division of the Treasurer; Duties.
§ 2-29.5
Division of Tax Assessment.
§ 2-29.6
Division of Tax Collection.
§ 2-29.7
Division of Purchasing.
§ 2-29.8
Division of Fiscal Control.
§ 2-30
DEPARTMENT OF LAW.
§ 2-30.1
Establishment; Director of Law.
§ 2-30.2
Powers and Duties of Director of Law.
§ 2-30.3
Prosecution of Crimes and Offenses.
§ 2-30.4
Public Defender.
§ 2-30.5
Fees for Representation.
§ 2-30.6
Records; Compensation.
§ 2-30.7
Attorney.
§ 2-31
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT.
§ 2-31.1
Establishment; Director of Planning; Responsibilities.
§ 2-31.2
Division of Zoning.
§ 2-31.3
Division of Code Enforcement.
§ 2-31.4
Division of Construction Inspections.
§ 2-31.5
Division of Fire Prevention and Protection.
§ 2-32
DEPARTMENT OF PUBLIC WORKS.
§ 2-32.1
Creation of Department; Head.
§ 2-32.2
Division of Streets and Roads.
§ 2-32.3
Division of Buildings and Grounds.
§ 2-32.4
Division of Sanitation and Recycling.
§ 2-33
DIVISION OF PARKS AND BEACHES.
§ 2-33.1
Creation of Division; Superintendent.
§ 2-33.2
Functions of Division.
§ 2-33.3
Division of Golf Course.
§ 2-34
(RESERVED)
§ 2-35
DEPARTMENT OF HUMAN RESOURCES.
§ 2-35.1
Creation of Department; Head; Duties.
§ 2-36
(RESERVED)
Article VIII
Municipal Court
§ 2-37
MUNICIPAL COURT OF THE TOWNSHIP OF BERKELEY.
§ 2-37.1
Establishment; Title of Court.
§ 2-37.2
Judge of the Municipal Court.
§ 2-37.3
Powers and Duties.
§ 2-37.4
Municipal Court Administrator.
§ 2-37.5
Violations Clerk.
§ 2-38
(RESERVED)
Article IX
Boards, Committees and Commissions
§ 2-39
BOARD OF HEALTH.
§ 2-39.1
Creation.
§ 2-39.2
Compensation; Expenses.
§ 2-40
LOCAL ASSISTANCE BOARD.
§ 2-40.1
Board Established; Members.
§ 2-41
ECONOMIC DEVELOPMENT COMMISSION.
§ 2-41.1
Creation; Composition.
§ 2-41.2
Appointments; Terms; Vacancies; Oath.
§ 2-41.3
Commission to Maintain Office.
§ 2-41.4
Powers.
§ 2-41.5
Functions and Duties.
§ 2-41.6
Study of Tax Structure.
§ 2-41.7
Limitation of Powers.
§ 2-41.8
Investigations.
§ 2-41.9
Annual Reports.
§ 2-41.10
Employees and Assistants; Office Established.
§ 2-41.11
Council Liaison.
§ 2-42
ENVIRONMENTAL COMMISSION.
§ 2-42.1
Creation.
§ 2-42.2
Appointment.
§ 2-42.3
Powers and Duties.
§ 2-43
MUNICIPAL UTILITIES AUTHORITY.
§ 2-43.1
Creation.
§ 2-43.2
Membership; Compensation; Additional Employees.
§ 2-43.3
Terms of Office.
§ 2-43.4
Powers and Duties.
§ 2-43.5
Alternate Members.
§ 2-44
SEWERAGE AUTHORITY.
§ 2-44.1
Creation.
§ 2-44.2
Powers and Duties.
§ 2-44.3
Composition; Compensation.
§ 2-44.4
Filing of Certified Copy.
§ 2-44.5
Alternate Members.
§ 2-45
HOUSING AUTHORITY.
§ 2-45.1
Creation.
§ 2-45.2
Appointment of Members; Terms; Vacancies.
§ 2-45.3
Director of the State Housing Authority to Appoint a Commissioner.
§ 2-45.4
Service without Compensation.
§ 2-45.5
Filing of Certified Copy.
§ 2-45.6
Powers, Rights, Duties.
§ 2-46
MUNICIPAL ALLIANCE COMMITTEE.
§ 2-46.1
Establishment.
§ 2-46.2
Membership.
§ 2-46.3
Purpose.
§ 2-46.4
Functions.
§ 2-46.5
Terms.
§ 2-47
FIRE COMMITTEE.
§ 2-47.1
Creation.
§ 2-47.2
Appointment and Term.
§ 2-47.3
Meetings; Duties.
§ 2-48
GOLF ADVISORY COMMITTEE.
§ 2-48.1
Creation.
§ 2-48.2
Appointment and Term.
§ 2-49
BEAUTIFICATION COMMITTEE.
§ 2-49.1
Establishment.
§ 2-49.2
Membership; Terms of Office; Removal from Office; Vacancies.
§ 2-49.3
Duties.
§ 2-50
SHADE TREE COMMITTEE.
§ 2-50.1
Establishment.
§ 2-50.2
Membership; Terms of Office; Removal from Office; Vacancies.
§ 2-50.3
Duties.
§ 2-51
SENIOR CITIZENS ADVISORY COMMITTEE.
§ 2-51.1
Establishment.
§ 2-51.2
Membership; Chairperson.
§ 2-51.3
Terms of Office; Vacancies.
§ 2-51.4
Meetings.
§ 2-51.5
Duties of Members.
§ 2-51.6
Removal of Members.
§ 2-51.7
Powers and Duties.
§ 2-52
WATERWAYS ADVISORY COMMISSION.
§ 2-52.1
Establishment.
§ 2-52.2
Membership; Chairperson.
§ 2-52.3
Terms of Office; Vacancies.
§ 2-52.4
Meetings.
§ 2-52.5
Duties of Members.
§ 2-52.6
Removal of Members.
§ 2-52.7
Powers and Duties.
§ 2-53
HURRICANE SANDY RELIEF FUND COMMITTEE.
§ 2-53.1
Establishment.
§ 2-53.2
Membership.
§ 2-53.3
Terms of Office; Vacancies.
§ 2-53.4
Meetings.
§ 2-53.5
Duties of Members.
§ 2-53.6
Removal of Members.
§ 2-53.7
Powers and Duties.
§ 2-54
VETERANS COMMISSION.
§ 2-54.1
Established.
§ 2-54.2
Membership; Officers.
§ 2-54.3
Functions and Duties.
§ 2-54.4
Terms of Office; Vacancies.
§ 2-54.5
Meetings.
§ 2-54.6
Removal of Members.
§ 2-55
FLOODPLAIN MANAGEMENT PLANNING COMMITTEE.
§ 2-55.1
Establishment.
§ 2-55.2
Membership.
§ 2-55.3
Terms of Office; Vacancies.
§ 2-55.4
Meetings.
§ 2-55.5
Duties of Members.
§ 2-55.6
Removal of Members.
§ 2-55.7
Powers and Duties.
§ 2-56
MAYOR'S ADVISORY COMMITTEE ON DEVELOPMENTAL DISABILITIES.
§ 2-56.1
Establishment.
§ 2-56.2
Membership; term of office.
§ 2-57
through § 2-64. (RESERVED)
Article X
Fees for Municipal Services
§ 2-65
FEES AND CHARGES ESTABLISHED.
§ 2-65.1
Public Access to Records; Inspections; Fees; Copying; Request Procedure.
§ 2-65.2
Fees for Registrar of Vital Statistics.
§ 2-65.3
Tax Collector's Fees.
§ 2-65.4
Police Department Fees.
§ 2-65.5
Surcharge for Returned Checks.
§ 2-65.6
Marriage and Civil Union Ceremonies.
§ 2-66
through § 2-69. (RESERVED)
Article XI
Policies and Procedures
§ 2-70
PAYMENT OF TAXES AND ASSESSMENTS REQUIRED PRIOR TO ISSUANCE OF LICENSE OR PERMIT.
§ 2-70.1
Proof of No Delinquent Taxes Required.
§ 2-70.2
Payment of Taxes to be Condition of Issuance or Renewal.
§ 2-70.3
Failure of Licensee or Permit Holder to Pay Taxes.
§ 2-70.4
Restoration of License or Permit.
§ 2-70.5
Applicability to Property Owners.
§ 2-70.6
Inapplicability to Alcoholic Beverage Licenses and Permits.
§ 2-71
PAYMENT OF TAXES AND LIENS REQUIRED PRIOR TO PAYMENT OF FIRE INSURANCE CLAIMS.
§ 2-71.1
Certification of Paid Taxes Required Prior to Claims Settlement.
§ 2-71.2
Payment Required.
§ 2-71.3
Agreement for Installment Payments.
§ 2-72
TAX EXEMPTION FOR HOME MAINTENANCE.
§ 2-72.1
Established.
§ 2-72.2
Effective Date.
§ 2-72.3
Application Required.
§ 2-73
PURCHASING.
§ 2-73.1
Purchase Control.
§ 2-73.2
Drafting of Specifications.
§ 2-73.3
Standards, Testing and Receipt of Requisitions and Purchases.
§ 2-73.4
Statutory Regulations for Bidding.
§ 2-73.5
(Reserved)
§ 2-73.6
Cooperative Purchasing.
§ 2-73.7
Emergency Procedures.
§ 2-73.8
Municipal Administrator.
§ 2-73.9
Prohibition of Interest.
§ 2-74
PRESENTATION AND PAYMENT OF VOUCHERS AND CLAIMS.
§ 2-74.1
Procedure.
§ 2-75
CLAIMS PROCEDURE.
§ 2-75.1
Disbursements.
§ 2-75.2
Procedure for Approval of Claims.
§ 2-76
DEFENSE AND INDEMNIFICATION OF EMPLOYEES.
§ 2-76.1
Purpose.
§ 2-76.2
Definitions.
§ 2-76.3
Provision of Defense by Township.
§ 2-76.4
Exceptions.
§ 2-76.5
Control over Litigation.
§ 2-76.6
Punitive Damages.
§ 2-76.7
Criminal Actions.
§ 2-76.8
Indemnification.
§ 2-77
HEARINGS AND APPEALS.
§ 2-78
through § 2-84. (RESERVED)
§ 2-85
CODE OF ETHICS.
§ 2-85.1
Statement of Policy.
§ 2-85.2
Conflicts of Interest.
§ 2-85.3
Use of Position to Obtain Privileges.
§ 2-85.4
Representation of Private Interests.
§ 2-85.5
Voting on Private Interests.
§ 2-85.6
Lobbying For or Against Private Interests.
§ 2-85.7
Private Interest Debt Approval.
§ 2-85.8
Acceptance of Gifts.
§ 2-85.9
Permission Required for Participation in Matters of Private Interest.
§ 2-85.10
Disclosure of Information.
§ 2-85.11
Suspension or Removal from Office.
§ 2-85.12
Nullification of Contracts.
§ 2-85.13
Additional Standards of Conduct.
§ 2-86
A MUTUAL AID AGREEMENT FOR EMERGENCY POLICE SERVICES.
§ 2-86.1
Preamble.
§ 2-86.2
Mutual Aid Agreements - Established.
§ 2-86.3
Emergency - Defined; S.O.P.
§ 2-86.4
Requests for Assistance.
§ 2-86.5
Provision of Assistance.
§ 2-86.6
Powers, Rights, Immunities.
§ 2-86.7
County Critical Incident Management Plan.
§ 2-86.8
Benefits, Injury; Death.
§ 2-86.9
Reimbursement.
§ 2-86.10
Effective Date.
§ 2-87
POLITICAL FUNDRAISING ON OR BY USE OF PUBLIC PROPERTY PROHIBITED.
§ 2-87.1
Short Title.
§ 2-87.2
Purpose.
§ 2-87.3
Definitions.
§ 2-87.4
General Regulations.
§ 2-88
A MUTUAL AID AGREEMENT FOR HAZARDOUS MATERIAL EMERGENCY SERVICES.
§ 2-88.1
Statutory Authority, Purpose.
§ 2-88.2
Mutual Aid Agreements Established.
§ 2-88.3
Emergency - Defined.
§ 2-88.4
Request for Assistance.
§ 2-88.5
Provision of Assistance.
§ 2-88.6
Powers, Rights, Immunities.
§ 2-88.7
Benefits: Injury, Death.
§ 2-88.8
Reimbursement.
§ 2-88.9
Indemnification.
§ 2-89
LENGTH OF SERVICE AWARD PROGRAM (LOSAP).
§ 2-89.1
Establishment.
§ 2-89.2
Fixed Annual Contributions to Deferred Income Account.
§ 2-89.3
Annual Contributions Criteria.
§ 2-89.4
Estimated Cost of Program.
§ 2-89.5
Point Schedule.
§ 2-90
OPEN SPACE, RECREATION, FARMLAND AND HISTORIC PRESERVATION TRUST FUND.
§ 2-90.1
Establishment; Use; Disbursement.
§ 2-90.2
Purposes.
§ 2-90.3
Funding.
§ 2-90.4
Utilization of Trust Funds.
§ 2-90.5
Utilization of Land Acquired Through Open Space Trust Fund.
§ 2-90.6
Sale of Property.
§ 2-91
OPEN SPACE SITE ACQUISITION ADVISORY COMMITTEE.
§ 2-91.1
Established.
§ 2-91.2
Appointment; Membership; Term.
§ 2-91.3
Organization.
§ 2-91.4
Policy.
§ 2-91.5
Powers and Duties.
§ 2-91.6
Grants and Alternate Funding Sources.
§ 2-91.7
Special Requirements.
§ 2-91.8
Budget.
§ 2-92
(RESERVED)
§ 2-93
TORT CLAIMS ACT NOTICE FORM.
§ 2-94
(RESERVED)
§ 2-95
THIRD-PARTY ELECTRONIC PAYROLL SERVICE.
§ 2-95.1
Authorization.
§ 2-95.2
Appointment of Payroll Service.
§ 2-95.3
Approval Officer.
§ 2-95.4
Holding of Township Funds by Payroll Service.
§ 2-95.5
Reporting of Irregularities.
§ 2-95.6
Compliance with Statutory Requirements.
§ 2-95.7
Severability.