[1969 Code § 1]
Every claim against the Township of Fairfield shall be presented
by the Township Clerk to the Mayor for his approval or disapproval.
[1969 Code § 2]
The Mayor shall, within 10 days after receipt of any claim,
if it be approved by him/her return it to the Clerk with the approval
noted thereon, and if it be disapproved by him/her, he/she shall deliver
it within that period to the Clerk with his/her disapproval thereof
noted thereon, together with a written statement signed by the Mayor,
of his/her reason for the disapproval thereof.
[1969 Code § 3]
Except as provided in Subsection 2-40.4, no money shall be paid by any officer of the Township unless and until such payment shall have been approved by the Mayor.
[1969 Code § 4]
The Mayor and Council, by majority vote of all its members,
may order payment of any claim notwithstanding the Mayor's failure
to approve or disapprove of it within 10 days following its being
presented to him for approval or disapproval, or notwithstanding his/her
disapproval thereof if he/she disapproves it within that period, provided
the Council, before voting to order payment, shall have considered
the reasons given by the Mayor for his/her disapproval thereof, in
either of the events, the claim, if payment thereof shall have been
ordered by the Mayor and Council by majority vote, shall be paid on
proper warrant in the same manner as that in which other bills are
paid.
[New]
No Township funds shall be disbursed except pursuant to and
within the limits of appropriations made in accordance with law. All
disbursements shall be by bank check or draft signed by the Mayor
and countersigned by the Treasurer, upon warrant of the Chairman of
the Finance Committee of Council after approval by Council.
[1]
Editor's Note: See N.J.S.A. 40:69A-130.
[Ord. No. 2007-08 § 1]
It is the intent and purpose of this section to provide for
the defense of actions against, and the indemnification of, public
employees as permitted by N.J.S.A. 59:10-1 et seq.
[Ord. No. 2007-08 § 1]
As used in this section, the term "employee" means any elected
or appointed official or any officer, employee or servant of the Township,
present or former, whether or not compensated or part-time, who is
or was authorized to perform any act or service on behalf of the Township.
The term specifically does not include an independent contractor.
[Ord. No. 2007-08 § 1]
The Township shall provide for the defense of any action brought
against an employee which results from any act or omission in the
scope of his or her employment, whether via direct complaint, counterclaim
or crossclaim against such employee.
[Ord. No. 2007-08 § 1]
The provisions for defense and indemnification shall not be
applicable when the Mayor and Council determine that:
a.
The act or omission was not within the scope of employment of the
employee;
b.
The employee's actions or failure to act were the result of actual
fraud, willful misconduct, malice or an intentional wrong;
c.
The defense of the action or proceeding and indemnification against
loss are provided for by an insurance policy or policies on which
the employee is an insured whether obtained by the Township or by
any other person;
d.
The employee failed to deliver to the Township Administrator, within
10 calendar days after the time he or she is served, with the original
or a copy of any summons, complaint, process, notice, demand or pleading
involving an action or inaction within the scope of this section;
or
e.
The employee has failed to cooperate fully with the defense.
[Ord. No. 2007-08 § 1]
The Township may provide any defense required of it under this
section through an attorney designated by its insurance carrier or
by employing other counsel. The Township shall in no event be responsible
for costs or attorney's fees incurred by an employee unless it shall
have agreed in writing to the terms of the employee's representation.
[Ord. No. 2007-08 § 1]
Whenever the Township provides any defense required of it under
this section, the Township, through counsel, may assume exclusive
control over the representation of the public employee, and such employee
shall cooperate fully with the defense.
[Ord. No. 2007-08 § 1]
a.
In any case where the Township is required to provide a defense under
this section, the Township shall pay or shall reimburse the public
employee for the following:
1.
The amount of any bona fide settlement entered into by the Township
on behalf of the employee.
2.
The amount of any judgments entered against the employee including,
but not limited to, exemplary or punitive damages resulting from the
employee's civil violation of State or Federal law if, in the opinion
of the Governing Body of the Township, the acts committed by the employee
upon which the damages are based did not constitute actual fraud,
actual malice, willful misconduct or an intentional wrong.
b.
In any case where the Township would be required to provide a defense
and indemnification under this section, except for the fact that such
defense and indemnification is provided for by insurance, the Township
shall provide indemnification as aforesaid, but only to the extent
not covered by insurance or in excess of applicable insurance.
[1969 Code § 23-1; Ord. No. 700; Ord. No. 742; Ord. No. 2000-12 § 1; Ord. No. 2005-03 § 1; amended 7-24-2023 by Ord. No. 2023-11]
a.
Establishment. The following fees are hereby fixed and established
for services extended and materials distributed by the Department
of Police of the Township.
1.
Copies of reports: $0.05 per page.
2.
Taking of fingerprints of canvassers, solicitors and applicants for
gun permits: $20.
3.
Issuance of a permit to purchase a handgun: $25.
4.
Application for a permit to carry a handgun: $150, plus state fee.
5.
Application for firearms identification card: $50.
6.
Actual postage for any discovery sent by mail.
7.
On any item that cannot be photocopied on the Township copy machine
or not otherwise provided for this schedule, the actual cost incurred
in making the copy shall be charred.
[1969 Code § 23-2; Ord. No. 700; Ord. No. 742]
a.
The viewing or reviewing of reports or of photographs of accident
scenes shall be permitted and conducted at the Police Headquarters
daily, Monday through Friday, from 9:00 a.m. to 4:00 p.m.
b.
No search fee shall be charged in the event that a report or a photograph
is not on file with the Police Department nor for any report for which
a formal request is made by any local, County, State or Federal law
enforcement agency, or by the Federal Postal authorities.
c.
The Department of Police shall issue a receipt for all fees and moneys
received for the services extended or materials furnished as hereinabove
provided and shall cause to be delivered the moneys and fees received
to the Treasurer, within a reasonable time following payment of any
charges or fees.
[1969 Code § 23-3; Ord. No. 786; Ord. No. 904; Ord. No. 966; Ord. No.
2000-12 § 1; Ord. No.
2005-03 § 2; Ord. No.
2010-09]
b.
Copies.
1.
The following fees shall be fixed and established for below-listed
reproductions:
(a)
Flood insurance letters: $5.
(b)
Tax Maps Electronic: $25/sheet.
Tax Maps Xerox 24 inches by 36 inches: $10/sheet.
Tax Maps Xerox 11 inches by 17 inches: $5/sheet.
(c)
As-built utility maps: $4 per sheet.
(d)
Subdivision plats: $4 per sheet.
(e)
Topographic Maps Electronic: $200/sheet.
Topographic Maps Xerox 24 inches by 36 inches: $25/sheet
(f)
Xerox copies, letter-size and legal:
First to tenth pages: $0.75 per page
Eleventh to twentieth pages: $0.50 per page
All pages over 20: $0.25 per page
(g)
Planning Board Master Plan Re-examination report 1999: $35.
(h)
Computer printouts: $1 per printout sheet.
(i)
(1)
In accordance with N.J.S.A. 54:5-54 the Tax Collector shall
provide to any party entitled to redeem a certificate pursuant to
this section (N.J.S.A. 54:5-54) two calculations of the amount required
for redemption within a calendar year at no cost. For each subsequent
calculation requested from the Tax Collector there shall be a $50
fee. A request for a redemption calculation shall be made in writing
to the Tax Collector.
(2)
In accordance with N.J.S.A. 54:5-97.1 the Tax Collector may
be a lien holder of a tax lien of $50 for the calculation of the amount
due to redeem the tax lien as required pursuant to N.J.S.A. 54:5-97.1.
Any request for a redemption calculation shall specify the date to
be used for the calculation, which shall be the date of the notice.
Neither the Tax Collector nor the municipality shall be liable for
an incorrect calculation. The fee paid to the municipality shall not
become part of the lien and shall not be passed on to any party entitled
to redeem pursuant to N.J.S.A. 54:5-54.
2.
Payment of all fees for services rendered or materials furnished
shall be payable in advance.
[Ord. No. 2005-03 § 3]
Payment of all fees for services rendered or materials furnished
shall be payable in advance.
[1969 Code § 65-20; Ord. No. 719]
No insurance company authorized to issue fire insurance policies in this State shall pay any claims in excess of $2,500 on any real property located within the Township pursuant to any insurance policy issued or renewed after the adoption of this section and the filing of same with the Commissioner of Insurance unless and until either an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 certifying that all taxes, assessments or other municipal liens or charges levied and assessed and due and payable against the property have been paid or a certified copy of the resolution adopted pursuant to Subsection 2-43.2 is submitted to the insurance company.
[1969 Code § 65-20; Ord. No. 719]
The Mayor and Council may enter into an agreement with the owner of any fire-damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 for the redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the New Jersey Statutes Annotated if the Mayor and Council are satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. The agreement shall be approved by resolution of the Township Council, and a certified copy thereof shall be forwarded to the applicable insurance carrier.
[1969 Code § 65-20; Ord. No. 719]
This section shall be construed in accordance with the provisions
of N.J.S.A. 17:36-8 et seq. and shall not abrogate rights of appeal
or rights to enforce tax liens.
[1969 Code § 65-20; Ord. No. 719]
This section shall take effect upon passage and publication
according to law and filing with the State Commissioner of Insurance
pursuant to N.J.S.A. 17:368 et seq.
[Ord. No. 2002-07 § 1]
The following Mutual Assistance Agreement for supplemental Fire
assistance among all the municipal corporations in the County of Essex
be and it hereby is ratified and approved, and the Mayor and Township
Clerk be and they hereby are authorized and directed to execute said
Agreement and cause certified copies of the Agreement, upon its adoption,
to be distributed to the other municipalities in Essex County.
[Ord. No. 2002-17 § 1]
This Agreement made and entered into by and among the Township
of Belleville, Township of Bloomfield, Township of the Borough of
Caldwell, Township of Cedar Grove, City of East Orange, Township of
Essex Fells, Township of Fairfield, Township of Glen Ridge, Township
of Irvington, Township of Livingston, Township of Maplewood, Township
of Millburn, Township of Montclair, City of Newark, Township of North
Caldwell, Township of Nutley, City of Orange, Borough of Roseland,
Township of South Orange, Township of Verona, Township of West Caldwell,
and Township of West Orange, all municipal corporations of the State
of New Jersey and being all the municipal corporations situated in
the County of Essex:
WHEREAS, the parties hereto are geographically located in proximity
to each other; and
WHEREAS, it is to the mutual advantage and benefit of the parties
hereto that each of the other parties agree to render supplemental
Fire assistance in the event of an emergency, disaster or widespread
conflagration or where it appears that an emergency, disaster, or
widespread conflagration may develop, which may be beyond the control
of a single party and therefore requires the assistance of one or
more of the other parties hereto; and
WHEREAS, municipal corporations of the State of New Jersey are
authorized, under N.J.S.A. 40A:14-156.1 to 156.4 to provide fire assistance
outside the normal territorial jurisdiction of the municipality;
NOW, THEREFORE, in consideration of their mutual covenants,
the parties hereto agree as follows:
a.
For the purpose of facilitating the provision of assistance pursuant
to this Agreement, the municipal corporations which are parties hereto
shall agree to utilize the Level 1, 2, 3, System of response for mutual
aid.
b.
In the event of an emergency, disaster or widespread conflagration
which is beyond the capacity and facilities of any one of the parties
hereto, the other parties agree to furnish, upon request, fire assistance
in coping with such emergency, disaster or widespread conflagration
to the party requesting such assistance. The assistance requested
may be upon an actual or standby basis.
c.
The extent of assistance to be furnished under this Agreement shall
be determined solely by the municipal party furnishing such assistance,
and it is understood that the assistance so furnished may be discontinued
at the sole discretion of the furnishing party. Prior notification
shall be made to the Incident Commander.
d.
Fire officers who shall be commanded by their superior officer to
perform fire duties outside the territorial limits of the municipality
which regularly employs such officers, shall be under the direction
and authority of the local commanding officers of the municipality
to which they are called to perform such fire duties, and they shall
have the same powers, authority and immunities as have the members
of the Fire Department of the municipality in which such assistance
is being rendered.
e.
All personnel furnished shall work, to the greatest extent possible,
under their own supervisory personnel, and equipment furnished will
ordinarily be operated by personnel of the party furnishing the equipment.
f.
It is mutually agreed and understood that the provision of the Agreement
shall be invoked only when, in the opinion of the Incident Commander,
Mayor, Fire Chief, Fire Commissioner or other person or persons in
charge of fire or public safety of the party requesting assistance,
it is deemed necessary to request outside assistance because all of
the normal facilities at their command have been exhausted and outside
assistance is needed to control and suppress an emergency, disaster
or widespread conflagration.
g.
It is further agreed and understood that whenever, in the opinion
of the Incident Commander, Mayor, Fire Chief, Fire Commissioner or
other person or persons in charge of fire or public safety of any
party, it is deemed necessary to request outside assistance, request
shall first be made upon those parties which are within the Level
of the party requesting assistance. If sufficient assistance is available
from those parties within the Level of the party requesting assistance,
no request shall be made upon any party in any other region.
h.
At Level III the Essex County Office of Emergency Management Fire
Coordinator shall be notified of continued mutual aid.
i.
The municipality requesting assistance may, upon request, reimburse
each municipality providing assistance, to the extent to which the
municipality providing such assistance cannot obtain reimbursement
of payment for such assistance from any County, State or Federal governmental
unit or agency, for expenditures actually incurred in furnishing assistance.
j.
The parties hereto shall make request of the Essex County Office
of Emergency Management Fire Coordinator that he serve as Coordinator
among the municipalities which are parties to this Agreement, for
the purpose of facilitating the provision of assistance pursuant to
this Agreement.
k.
This Agreement shall not be construed as or deemed to be an agreement
for the benefit of any third party or parties, and no third party
or parties shall have any right of action hereunder for any cause
whatsoever.
l.
Any party to this Agreement may withdraw at any time, upon 30 days'
written notice to each of the other parties, and thereafter, such
withdrawing party shall no longer be a party to this Agreement, but
this Agreement shall continue to exist among the remaining parties.
m.
This Agreement shall become effective for each party hereof when
that party by ordinance of its governing body ratifies and approves
this Agreement, and authorizes the proper municipal officials to execute
the same, at which time certified copies of said Agreement approving
the same shall be distributed to the other parties.
[Ord. No. 2003-17 § 1]
The following Mutual Assistance Agreement for Supplemental Police
Assistance among all the municipal corporations in the County of Essex
be and it hereby is ratified and approved, and the Mayor and Municipal
Clerk be and they hereby are authorized and directed to execute said
Agreement and cause certified copies of the ordinance, upon its adoption,
to be distributed to the other municipalities in Essex County.
[Ord. No. 2003-17 § 1]
This Agreement made and entered into by and among the City of
Newark, City of East Orange, Township of Irvington, City of Orange
Township, Township of West Orange, Township of Bloomfield, Township
of Montclair, Township of Nutley, Borough of Glen Ridge, Township
of Belleville, Township of Millburn, Township of Maplewood, Township
of South Orange Village, Township of Livingston, Township of Fairfield,
Borough of Caldwell, Borough of North Caldwell, Township of West Caldwell,
Borough of Essex Fells, Borough of Roseland, Town of Cedar Grove and
Township of Verona, all municipal corporations situated in the County
of Essex:
WHEREAS, the parties hereto are geographically located in proximity
to each other; and
WHEREAS, it is to the mutual advantage and benefit of the parties
hereto that each of the other parties agree to render supplemental
police assistance in the event of an emergency, disaster or widespread
conflagration or where it appears that an emergency, disaster, or
widespread conflagration may develop, which may be beyond the control
of a single party and therefore requires the assistance of one or
more of the other parties hereto; and
WHEREAS, the municipal corporations of the State of New Jersey
are authorized, under N.J.S.A. 40A:14-156.1 to 156.4 to provide police
assistance outside the normal territorial jurisdiction of the municipality;
NOW THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
a.
For the purpose of facilitating the provision of assistance pursuant
to this Agreement, the municipal corporations which are parties hereto
shall be grouped into four regions, as follows:
REGION I- Newark, East Orange, Irvington, Orange and West Orange;
REGION II- Bloomfield, Montclair, Nutley, Glen Ridge, and Belleville;
REGION III- Millburn, Maplewood, South Orange and Livingston;
REGION IV- Fairfield, North Caldwell, Caldwell, West Caldwell,
Essex Fells, Roseland, Cedar Grove and Verona.
b.
In the event of an emergency, disaster or widespread conflagration
which is beyond the capacity and facilities of any one of the parties
hereto, the other parties agree to furnish, upon request, police assistance
in coping with such emergency, disaster or widespread conflagration
to the party requesting such assistance. The assistance requested
may be upon an actual or standby basis.
c.
The extent of assistance to be furnished under this Agreement shall
be determined solely by the municipal party furnishing such assistance
and it is understood that the assistance so furnished may be discontinued
at the sole discretion of the furnishing party.
d.
Each party hereto shall provide to every other party the names of
the Mayor, Police Chief, Police Commissioner, Council President or
other person or persons authorized to make and receive requests for
assistance. A list of all such persons shall be provided to the Essex
County Prosecutor.
e.
Police officers who shall be commanded by their superior officer
to maintain the peace or perform other police duties outside the territorial
limits of the municipality which regularly employs such officers,
shall be under the direction and authority of the local commanding
officers of the municipality to which they are called to perform such
police or peace duties; and they shall be peace officers thereof,
and shall have the same powers, authority and immunities as have the
members of the Police Department of the municipality in which such
assistance is being rendered.
f.
All personnel furnished shall work, to the greatest extent possible,
under their own supervisory personnel, and equipment furnished will
ordinarily be operated by personnel of the party furnishing the equipment.
g.
It is mutually agreed and understood that the provisions of the Agreement
shall be invoked only when, in the opinion of the Mayor, Police Chief,
Police Commissioner, Council President or other person or persons
in charge of police or public safety of the party requesting assistance,
it is deemed necessary to request outside assistance because all of
the normal facilities at their command have been exhausted and outside
assistance is needed to control and suppress an emergency, disaster
or widespread conflagration.
h.
It is further agreed and understood that whenever, in the opinion
of the Mayor, Police Chief, Police Commissioner, Council President
or other person or persons in charge of police or public safety of
any party, it is deemed necessary to request outside assistance, request
shall be made upon those parties which are within the region of the
party requesting assistance. If sufficient assistance is available
from those parties within the region of the party requesting assistance,
no request shall be made upon any party in any other region.
i.
If the parties within the region of the party requesting assistance
are unable to furnish adequate assistance, request shall then be made
to the other parties of the Agreement.
j.
The municipality requesting assistance shall, upon request, reimburse
each municipality providing assistance, to the extent to which the
municipality providing such assistance cannot obtain reimbursement
of payment for such assistance from any County, State or Federal governmental
unit or agency, for expenditures actually incurred in furnishing assistance.
k.
The parties hereto shall make request to the Essex County Prosecutor
that he/she serves as coordinator among the municipalities, which
are parties to this Agreement, for the purpose of facilitating the
provision of assistance pursuant to the Agreement.
l.
This Agreement shall not be construed as or deemed to be an agreement
for the benefit of any third party or parties, and no third party
or parties shall have any right of action hereunder for any cause
whatsoever.
m.
Any party to this Agreement may withdraw at any time, upon 30 days'
written notice to each of other parties, and thereafter, such withdrawing
party shall no longer be a party to this Agreement; but this Agreement
shall continue to exist among the remaining parties.
n.
This Agreement shall become effective for each party hereof when
that party by ordinance of its governing body ratifies and approves
this Agreement, and authorized the proper municipal officials to execute
the same, at which time certified copies of said ordinance approving
the same shall be distributed to the other parties.
[Ord. No. 2003-14 §§ 1-4]
a.
A Length of Service Awards Program (LOSAP) is herewith created in
accordance with Chapter 388 of the Laws of 1997, being N.J.S.A. 40A:14-183,
et seq., to reward members of the West Essex First Aid Squad, Inc.
for their loyal, diligent, and devoted services to the residents of
the Township of Fairfield.
b.
The LOSAP shall provide for fixed annual contributions to a deferred
income account for each volunteer member that meets the criteria set
forth below; that such contributions shall be made in accordance with
a plan that shall be established by the Mayor and Council of the Township
of Fairfield pursuant to P.L. 1997, C 388; and that such plan shall
be administered in accordance with the laws of the State of New Jersey,
the U.S. Internal Revenue Code, and this section.
c.
The West Essex First Aid Squad services the municipalities of Caldwell,
Fairfield, North Caldwell and West Caldwell that have a total population
of 33,255 (2,000 census) and total number of estimated calls of 2016.
The breakdown of the population and number of calls for the municipalities
serviced by the West Essex First Aid Squad would be as follows:
|
2,000 Census Population
|
Estimated # of Calls
|
Census and Call Average
| |
|---|---|---|---|
|
Caldwell
|
7,584
|
545
| |
|
22.8%
|
27.0%
|
24.9%
| |
|
Fairfield
|
7,063
|
472
| |
|
21.2%
|
23.4%
|
22.3%
| |
|
North Caldwell
|
7,375
|
249
| |
|
22.2%
|
12.4%
|
17.3%
| |
|
West Caldwell
|
11,233
|
750
| |
|
33.8%
|
37.2%
|
35.5%
| |
|
Total
|
33,255
|
2,016
|
100%
|
d.
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria as follows:
1.
Five hundred points are required for a member to be eligible for
an annual contribution (see Schedule A).
2.
Five years of service are required for vesting.
3.
The annual contribution shall be 22.3% of $1,150 or $256.45 per eligible
member.
4.
The cost to be budgeted annually by the Township of Fairfield is
anticipated to be $11,076.
[1]
Editor's Note: This ordinance was approved by the voters of
the Township of Fairfield at the General Election on November 4, 2004.
[Ord. No. 2009-35 § 1]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
a.
Governing Body members elected or appointed to office after July
1, 2007.
[Ord. No. 2009-35 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.
43:15C-2:
Certified Health Officer;
Tax Collector;
Chief Financial Officer;
Construction Code Official;
Tax Assessor;
Municipal Planner;
Registered Municipal Clerk;
Licensed Uniform Subcode Inspector;
Principal Public Works Manager;
Municipal Court Administrator.
[Ord. No. 2009-35 § 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.
