[Ord. No. 13-90 § 1; Ord. No. 93-20 § 1]
a.
Members of the Police Department shall be permitted to accept employment
as safety or security personnel for private employers only during
off-duty hours and at such times as will not interfere with the efficient
performance of regularly scheduled or emergency duty for the Township.
b.
Any person wishing to employ off-duty police shall first obtain the
approval of the Chief of Police, which approval shall be granted if
in the opinion of the Chief such employment would not be inconsistent
with the efficient functioning and good reputation of the Police Department,
and would not unreasonably endanger or threaten the safety of the
officers who are to perform the work.
[Ord. No. 13-90 § 2; Ord. No. 93-20 § 1; Ord. No. 2007-03 § 1; Ord. No. 2008-02 § 1; 7-12-2022 by Ord. No. 2022-09]
a.
The Police Chief shall estimate the number of hours anticipated to
be worked, and payment for the estimated work shall be paid by the
private employer to the Township Treasurer prior to commencement of
work. The minimum charge shall be for four hours.
b.
If additional work time is required due to unanticipated circumstances,
and such work is approved by the Police Chief, the private employer
shall be liable for payment to the Township for all such additional
hours worked.
c.
The private employer must give at least two hours prior notice to
the Police Chief for cancellation of any scheduled off-duty service.
Any private employer who fails to give the required two hours notice
shall pay the full cost of the estimated hours up to four hours.
d.
An invoice from the Township for any balance due, or a credit for
any refund, if any, shall be issued by the Township Treasurer. Payments
due from private employers shall be made within 10 days of receipt
of the invoice from the Township.
e.
The Township may choose to utilize a secondary service to administer
and perform the above actions related to the off-duty employment process.
These actions include, but are not limited to: communicating with
said person or company to schedule off-duty "jobs," scheduling the
officers for the said jobs, invoicing person, or company, and receiving
escrow and or payments from person or company in a manner set forth
by the secondary service provider. The secondary service provider
may charge an additional fee for services that is above and in addition
to the fee structure stated and shall utilize business type collection
rules as set forth in the contract between the Township and the secondary
service provider. The secondary service provider will reimburse the
Township via ACH or other funds transfer methods, according to the
fees set forth above, due to the Township and officer, in a timely
manner, usually coinciding with payroll periods for "jobs" that the
officers have performed or were scheduled for, in accordance with
the above listed rules of employment between the Township and person(s)
or company seeking services.
f.
The Township holds the right to outsource, by contract, the Police
Department outside employment process to a third-party vendor to administer.
The vendor shall have the right to charge an additional fee, other
than the officer, administration and any other fees set forth in this
chapter. The vendor may handle scheduling, billing, collections, pay
or other services previously performed by the Borough.
g.
As of the effective date of this subsection, contractors requesting
officers to work off-duty traffic and security jobs pay the following
rates:
1.
Officer: A sum equal to the number of hours worked times the highest
hourly overtime rate for patrolman as contained in the collective
bargaining agreement with the Patrolmen's Benevolent Association
then in effect. In cases where a third-party contractor is being paid
directly by the Township of Chatham to perform work on their behalf,
the rate of pay for an officer will be their overtime rate.
2.
In cases where officers are directly assisting Township employees
with their work, they will be paid at their overtime rate.
3.
Police vehicles: $75 per vehicle.
4.
Township administration fee: $10.
5.
Third-party administrative fee: The Township will be permitted to
add a reasonable third-party administrative fee.
h.
The rate of pay for police outside work/police special services,
including or excluding traffic services, shall be a sum equal to the
number of hours worked times the highest hourly overtime rate for
patrolman as contained in the collective bargaining agreement with
the Patrolmen's Benevolent Association then in effect. All traffic
control services will be contracted for a minimum of four hours other
than for long-term assignments. The Township, as an administrative
fee, shall retain 10% of these hourly rates. The Chatham Township
Police Department is authorized to contract a third-party vendor to
process and bill all police outside work/special police services.
The third-party vendor shall charge an additional processing fee of
8% in addition to the costs stated above.
i.
All payments made from the reserve are subject to required deductions
and an administrative fee to be retained by the Township and/or the
Township's designated management company. The hourly rate, administrative
charges and all other fees for special duty assignments shall be set
forth in a resolution and/or agreement adopted by the governing body
and amended as determined by the governing body.
[Ord. No. 6-90 § Preamble]
Each municipality in the State of New Jersey may defend or indemnify
its officials and employees in connection with municipal affairs and
operations.
It is deemed desirable to establish rights and procedures with
respect to the defense and indemnification of Township officials and
employees.
[Ord. No. 6-90 § 1]
As used in this section:
Shall mean the Township of Chatham, in the County of Morris.
Shall mean and include any past, present and future member
of the governing body of the Township; any past, present and future
member of any other Township board, body, commission or committee,
whether created by State law or by municipal ordinance or resolution;
and any other past, present and future Township officer, official
or employee, whether elected or appointed, compensated or uncompensated,
full-time or part-time, who by reason of position or employment is
authorized to perform any acts or services of any nature whatsoever
for or on behalf of the Township; provided, however, that the following
shall not be considered Township employees for purposes of this section:
a. An independent contractor or b. A statutory member or officer,
including a probationary officer, of the Township Police Department.
[Ord. No. 6-90 § 2]
Except as provided in Subsections 2-50.4, 2-50.5, 2-50.11 or 2-50.12, the Township shall provide for the defense of any civil action or proceeding commenced against any Township employee on account of any act or omission by an employee involving Township affairs, operations or services. The duty to defend shall extend to a cross-action, counterclaim or cross-complaint.
[Ord. No. 6-90 § 3]
Every Township employee who is served with any summons, complaint,
process, notice, demand or pleading in a civil action or proceeding
involving Township affairs, operations or services and who desires
that the Township provide for a defense shall deliver the original
or a complete copy thereof to the Township Clerk within seven calendar
days of the time that service is made upon such Township employee.
Each document shall bear a notation as to the date upon which service
was made upon the Township employee. The Township employee shall promptly
furnish such additional information regarding the matter as may be
requested by the Township. Failure to comply with the foregoing requirements
shall constitute grounds for a refusal by the Township to provide
the employee with a defense to any civil action or proceeding in accordance
with the provisions of this section.
[Ord. No. 6-90 § 4]
The Township shall not be required to provide for the defense
of a civil action or proceeding against a Township employee if the
Township Committee determines that it is likely that:
a.
The act or omission was not within the scope of employment; or
b.
The act or the failure to act involved actual fraud, actual malice
or willful misconduct; or
c.
The act or failure to act was in violation of the Township code of
ethics; or
d.
The defense of the action or proceeding by the Township would create
a conflict of interest between the Township and the Township employee.
In the event of an action or proceeding against more than two members of the Township Committee, the Township Attorney may make any determination which might otherwise be made by the Township Committee in accordance with this Subsection 2-50.5.
In the event that the Township shall refuse to provide for the defense of a civil action or proceeding for any of the reasons hereinabove mentioned, the Township shall cause notice of such refusal to be given to the Township employee concerned in such manner that the notice of refusal is received within 14 calendar days after the original service upon the Township employee of the document mentioned in Subsection 2-50.4.
[Ord. No. 6-90 § 5]
Defense for a Township employee may be provided by the Township
Attorney, or by other counsel employed by the Township for such purpose,
or by an exercise of the Township's right under any appropriate insurance
policy to require the insurer to provide the defense.
Whenever the Township provides for the defense of a Township
employee pursuant to any provision of this section, the Township or
the Township's insurer may assume exclusive control over the representation
of such Township employee, who shall cooperate fully with the Township
or the Township's insurer in all matters relating to the defense.
The Township or the Township's insurer, as the case may be,
shall have the right to settle or compromise any litigation involving
a defense provided for a Township employee. In the event that a Township
insurance policy contains a deductible amount and the defense is provided
by the insurer, the terms of the settlement shall be approved by the
Township Committee, or by the Township Attorney in the event that
the action or proceeding is against more than two members of the Township
Committee.
The Township and/or the Township's insurer shall provide for
the payment and satisfaction of any amount which may be due under
any judgment against the Township employee or shall provide for the
payment of any amount due by reason of the settlement of any action
or proceeding, and the Township employee shall not be required to
contribute to any such payment.
[Ord. No. 6-90 § 6]
In the event that the Township employee does not request that the Township provide for a defense to a civil action or proceeding, or in the event that in accordance with the provisions of Subsection 2-50.4 or Subsection 2-50.5 the Township shall refuse to provide for a defense to a civil action or proceeding, the Township employee shall be entitled to indemnification from the Township if the Township employee establishes that the act or omission upon which the claim or judgment was based occurred within the scope of employment as an employee of the Township and the Township fails to establish that the act or omission constituted actual fraud, actual malice or willful misconduct or was in violation of any provision of the Township Code of Ethics. Any indemnification shall include the amount of any judgment or the amount under any bona fide settlement agreement, as well as all costs of defending the civil action or proceeding, including reasonable counsel fees and expenses, together with the costs of appeal, if any.
[Ord. No. 6-90 § 7]
The Township Committee may elect to provide for the payment
or indemnification of exemplary or punitive damages resulting from
the civil violation of State or Federal law by a Township employee
but only if in the opinion of the Township Committee the acts committed
upon which the damages are based did not constitute actual fraud,
actual malice or willful misconduct.
[Ord. No. 6-90 § 8]
The Township Committee may provide for the defense of a Township
employee in a criminal proceeding if a majority of the full membership
of the Township Committee shall determine that providing such defense
is in the best interest of the Township. The Township Committee may
also elect to pay any fine or penalty which may be imposed upon a
Township employee for a criminal violation if in the opinion of a
majority of the full membership of the Township Committee the action
by the Township employee was taken in good faith for the benefit of
the Township.
[Ord. No. 6-90 § 9]
No provision of this section shall be interpreted or construed
as affecting or limiting any obligation of any insurer under the terms
of any insurance policy carried by the Township.
[Ord. No. 6-90 § 10]
This section shall not apply to a member or officer, including
a probationary officer, of the Township Police Department who is subject
to the provisions of N.J.S. 40A:14-155, nor shall this section apply
to any other Township employee so as to modify the rights or benefits
under any statutory or decisional law applicable to such Township
employee.
[Ord. No. 6-90 § 11]
No provision of this section shall apply to any action or proceeding
of any nature instituted by the Township against any Township employee.
[Ord. No. 14-83 Preamble]
N.J.S. 17:36-8 and following permits municipalities to require
the use of the proceeds of fire insurance policies to satisfy municipality
liens under certain circumstances.
[Ord. No. 14-83 § 1]
No insurer issuing fire insurance policies in the State of New
Jersey shall pay any claims for fire damages in excess of $2,500 on
any real property located within the Township pursuant to any fire
insurance policy issued or renewed after the adoption of this section
and the filing of a certified copy with the State Commissioner of
Insurance until such time as:
a.
All taxes, assessments and all other municipal liens or charges levied
and assessed and due and payable against the property and appearing
on the official certificate of search for municipal liens pursuant
to N.J.S. 54:5-12 shall have been paid either by the owner of the
real property or by the insurance company; or
b.
The Township submits to the insurance company a copy of a resolution adopted pursuant to Subsection 2-51.3.
Notwithstanding the foregoing provisions, if an appeal is taken
on the amount of any lien or charge, other than an appeal on the assessed
valuation of real property pursuant to N.J.S. 54:3-21, the insurance
company shall comply with the provisions of N.J.S. 17:36-10.
[Ord. No. 14-83 § 2]
The Township Committee may by resolution enter into an agreement
with the owner of any fire damaged property situated in the Township
to pay in full all delinquent taxes, assessments or other municipal
liens by installments pursuant to N.J.S. 54:5-19 or for the redemption
of a tax sale lien by installment payments pursuant to N.J.S. 54:5-65
and following, if satisfied that the claim for fire damages is to
be used to restore or improve the fire damaged property.
In the event of such resolution, a certified copy of the resolution
shall be sent to the insurance company authorizing the insurance company
to make full payment on the claim to the insured.
[Ord. No. 14-83 § 3]
Notwithstanding the provisions of Subsection 2-51.2, an insurance company may pay proceeds of a fire insurance policy to the holder of a purchase money first mortgage to any bank, savings bank, State or Federally chartered savings and loan association or insurance company holding a mortgage on the fire damaged real property where the fire insurance policy at the time of the loss listed the mortgagee as the holder of an insurable interest, provided, however, such payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
[Ord. No. 14-83 § 4]
A certified copy of this section shall be filed with the State
Commissioner of Insurance.
[Ord. No. 11-62 § 1; Ord. No. 95-13 § 1]
Any person claiming payment from the Township of Chatham shall
present a detailed bill of items or demand to the Township Administrator,
duly certified by the claimant.
[Ord. No. 11-62 § 2; Ord. No. 95-13 § 2]
It shall be the duty of the Township Administrator to see that
every claim bears a certification from a Township Officer or employee
having knowledge of the facts that the materials have been received
by, or the services rendered to, the Township.
[Ord. No. 11-62 § 3; Ord. No. 95-13 § 3]
Each claim shall then be presented to the Township Administrator
who, if satisfied the claim is proper, shall approve the same. After
such approval is given, the Township Administrator shall file the
claim with the Township Clerk who shall then present all claims to
the Township Committee for formal approval at a regular meeting.
[Ord. No. 11-62 § 4; Ord. No. 95-13 § 4]
All claims shall be considered by the Township Committee for
approval, and the Township Committee may reject any claim presented
to it stating the reason for such rejection. Any disapproved claim
shall be referred back to the Township Clerk with such instructions
as the Township Committee may give at the time of disapproval.
[Ord. No. 11-62 § 5; Ord. No. 95-13 § 5]
It shall be the duty of the Township Clerk to record all claims
in the official minutes indicating that the Township Committee has
by formal action approved the same, with appropriate record as to
any claims disapproved or rejected.
[Ord. No. 11-62 § 6; Ord. No. 95-13 § 6]
It shall be the duty of the Township Clerk or such other officer
designated by resolution of the Township Committee, to indicate on
said claim that it has been approved for payment, with the date of
approval thereof noted on the claim.
[Ord. No. 11-62 § 7; Ord. No. 95-13 § 7]
The Township Clerk shall, after certifying that the claims have
been approved, turn the same over to the Treasurer or other Chief
Financial Officer, who shall forthwith prepare the necessary checks
for the payment thereof, which checks shall be signed by the Mayor
and the Township Administrator and thereafter countersigned by the
Chairperson of the Finance Committee. After preparing checks for the
payment of claims, the Chief Financial Officer or designee shall record
them in the proper books of account and thereafter mail or otherwise
distribute the checks to the claimants.
[1]
Editor's Note: Length of Service Awards Program (LOSAP) was
approved by the voters of the Township and the Borough at the General
Election of November 4, 2003.
[Ord. No. 2003-005 § I]
a.
The Township deems it appropriate and necessary to act to ensure
retention of existing members and to provide them incentives for recruiting
new volunteer members for the Chatham Emergency Squad (CES).
b.
The Township has determined that the creation of a Length of Service
Awards Program (LOSAP) will enhance the ability of the Township to
retain and recruit volunteer CES members.
c.
As the CES services both the Township and the Borough of Chatham,
averaging roughly equal number of service calls each year, the Township
and the Borough will be concurrently approached to place this matter
on the next general ballot and to equally divide the LOSAP cost each
year (as described further below).
[Ord. No. 2003-005 § II]
LOSAP is created, in accordance with Chapter 388 of the Laws
of 1997, to reward active volunteer members of the CES for their loyal,
diligent and devoted services to the residents of the Township and
the Borough.
[Ord. No. 2003-005 § III]
a.
LOSAP shall provide for fixed, annual contributions to a deferred
income account for each active volunteer member of the CES who meets
the criteria set forth below, or hereafter provided by amendment to
this section.
b.
Such contributions shall be made in accordance with a plan established
by the Township and administered in accordance with the laws of the
State of New Jersey, the U.S. Internal Revenue Code, and this section.
[Ord. No. 2003-005 § 5; Ord. No. 2018-03]
a.
For the purposes of this section "Active volunteer member" means
a person who has been so designated by the governing board of the
Chatham Emergency Squad (CES) and who is faithfully and actually performing
volunteer service in the Chatham Emergency Squad. LOSAP shall provide
for annual contributions to each eligible, active volunteer member
of the CES, who meets the criteria as follows:
1.
The number of points required for an active year of service for an
active volunteer CES member is 100.
2.
Under LOSAP a year of active emergency service shall be credited
for each calendar year in which an active volunteer member accumulates
points that are granted in accordance with a schedule adopted by the
Township Committee and Borough Council, the sponsoring agencies. The
program shall provide that points shall be granted for activities
designated by the sponsoring agencies, which activities may include
the following: (1) Training courses; (2) Drills; (3) Sleep-in or standby.
A "standby" means line of duty activity of the CES, lasting for four
hours, not falling under one of the other categories; (4) Completion
of a one-year elected or appointed position in the organization; (5)
Election as a delegate to an emergency service convention; (6) Attendance
at official meetings of the sponsoring agency; (7) Participation in
emergency responses; or (8) Miscellaneous activities including participation
in inspections and other non-emergency first aid or rescue activities
not otherwise listed.
3.
An active volunteer member of the CES shall not be eligible if on
disciplinary probation or inactive status. If a CES member has been
on leave of absence (LOA) from duty crews, but is able to attain the
points required as stated below within the calendar year, he/she will
be considered active and eligible for LOSAP.
4.
Any new, active volunteer member of the CES shall become eligible
to participate in LOSAP the calendar year he/she becomes an "active"
member as defined above or is no longer on inactive status, so long
as the credit points are earned.
[Ord. No. 2003-005 § V]
a.
Upon acceptance of LOSAP, a one time contribution shall be provided
under LOSAP in the amount of $50 per year for prior service, up to
five years, by any active, volunteer member of the CES at the time
the program is accepted.
[Ord. No. 2003-005 § VI]
The estimated costs of the program have been calculated as $40,000
per year ($20,000 for the Borough and $20,000 for the Township).
[Ord. No. 2003-005 § VII; Ord. No. 2018-03]
Each active, volunteer member shall be credited with points
for volunteer services provided to the CES, in accordance with the
attached schedules.[1]
|
LOSAP POINT SYSTEM
|
A year of service shall be credited under LOSAP for each calendar
year in which an active CES volunteer accumulated at least 100 points.
Points shall be granted in accordance with a system adopted by the
Township Committee and Borough Council. In considering the categories
below, all or any portion of this list can be used with additional
flexibility in the point maximums. Such system shall provide that
points shall be granted for activities designated and selected from
the following:
|
CES
|
1.
TRAINING COURSES AND DRILLS EXCLUDING DUTY CREW TRAININGS SESSIONS
- 20 POINTS MAXIMUM.
2.
MEMBERSHIP BUSINESS MEETINGS.
a.
Two points for each membership business meeting attended. Minimum
of three meetings per year.
3.
OTHER MEETINGS INCLUDING EXTERNAL MEETINGS REPRESENTING THE CES -
TEN (POINTS MAXIMUM.)
a.
One point for each hour at external meeting(s) representing the Emergency
Squad and other internal meetings such as Trustee meetings.
4.
PARTICIPATION ON CREWS AND CALLS AND INDIVIDUAL WORK.
a.
Individual Work. One point for each hour worked. Must be pre-approved.
Points earned for individual work shall be limited to 15 per year.
b.
Weekly Duty Shifts (including coverage). One point per duty crew
shift. One-half point for a partial shift.
c.
Weekend Duty Shifts including holiday shifts covered by Weekend Duty
Crew. Two points for a full weekend shift. One point for a partial
shift.
d.
Area Responses: (for other than duty crew call-outs) One point per
call with a trip to the hospital. One-half point per call if scene
only.
e.
Coverage: Covering for a duty crew member for any portion of a crew
shift will earn the person covering whatever points the scheduled
person would have received.
f.
Duty crew out calls, planned transports, planned lift assists, Two
points per call, transport or lift assist with a trip to/from medical
facility. One point per call if scene only.
g.
Special and Community Events: Working special events, such as parades,
fireworks, sports events, races, festivals, etc, shall earn two points
per event, with a maximum of 20 points.
[1]
Editor's Note: The schedules referred to herein is included
as an attachment to this chapter.
[Ord. No. 2005-002 § 1]
The Township Administrator or his/her designee is designated
as the ADA Coordinator and shall be the responsible person to administer
the grievance procedure established herein.
[Ord. No. 2005-002 § 2]
The Township of Chatham has adopted an internal grievance procedure
providing for prompt and equitable resolution of complaints alleging
any action prohibited by the U.S. Department of Justice regulations
implementing Title II of the Americans with Disabilities Act. Title
II states, in part, that "no otherwise qualified disabled individual
shall, solely by reason of such disability, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination"
in programs or activities sponsored by a public entity.
a.
Complaints should be addressed to ADA Coordinator, 58 Meyersville
Road, Chatham, NJ 07928.
b.
A complaint should be filed in writing or verbally, contain the name
and address of the person filing it, and briefly describe the alleged
violation of the regulations.
c.
A complaint should be filed within seven business days after the
complainant becomes aware of the alleged violation. (Processing of
allegations of discrimination which occurred before this grievance
procedure was in place will be considered on a case-by-case basis.)
d.
An investigation, as may be appropriate, shall follow a filing of
complaint. The investigation shall be conducted by the Township Administrator
or his/her designee. These rules contemplate informal but thorough
investigations, affording all interested persons and their representatives,
if any, an opportunity to submit evidence relevant to a complaint.
e.
A written determination as to the validity of the complaint and a
description of the resolution, if any, shall be issued by the ADA
Coordinator and a copy forwarded to the complainant within 30 days
after its filing:
f.
The ADA Coordinator shall maintain the files and records of the Township
relating to the complaints filed.
[Ord. No. 2008-12 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
a.
Township Administrator, unless filled by promotion of a present active
Public Employees Retirement System (PERS) member;
b.
Public Works Manager, unless filled by promotion of a present active
PERS member;
c.
Township Attorney, when an employee and not employed pursuant to
a professional service contract;
d.
Municipal Prosecutor;
e.
Municipal Court Judge.
[Ord. No. 2008-12 § 2]
Individuals holding a professional license or certificate to
perform and who are serving in the following positions are exempt
from Defined Contribution Retirement Program membership, pursuant
to N.J.S. 43:15C-2 and therefore are eligible to join or remain in
PERS:
[Ord. No. 2008-12 § 3]
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. 2008-12 § 4]
Should any part or parts of this section be held to be invalid
by any competent court of law, such invalidity shall only affect the
part or parts held to be invalid, and all other parts shall remain
in effect.
[Ord. No. 2008-12 § 5]
A copy of this section shall be filed with the Director of the
Division of Pensions & Benefits of the New Jersey Department of
the Treasury.
[Ord. No. 2015-02]
All full time employees and elected public officials who receive
compensation from the Township of Chatham are mandated to have direct
deposit of their compensation as of March 1, 2015 in accordance with
Chapter 28 P.L. 2013, as defined under N.J.S.A. 52:14-15f(b).
[Ord. No. 2015-02]
Seasonal and temporary employees who are employed by the Township
of Chatham are exempt from the direct deposit mandate.
[Ord. No. 2015-02]
Municipal employees may request, in writing, an exemption from
the direct deposit mandate to the Township of Chatham Administrator.
Such requests will be presented to the Township Committee at the next
regularly scheduled meeting of the Township Committee after the request
is received by the Administrator. The Township Committee may grant
such an exemption by Resolution and for good cause.
