Township of Ocean, NJ Administration

Editor's Note: Section 2-4A, "Community Service Director," previously contained herein, has been repealed in entirety by Ordinance No. 1441.

§ 2-5 DEPARTMENTS AND DIVISIONS.

§ 2-5.1 Departments Generally.

[New; Ord. No. 2014-2229]

As a matter of convenience, the administration of the township shall be divided into departments as follows:

Department of Administration.

Department of Finance.

Department of Engineering.

Department of Law.

Department of Police.

Department of Public Works.

Department of Community Development.

Department of Human Services.

Division of Code Enforcement.

The various departments shall be organized in the manner provided by this code and shall be subject to the supervision and direction of the manager. The manager may, in his discretion, serve as director of any and all departments or may, consistent with the provisions of this code, elevate any officer within the department to serve as director of that department, at the pleasure of the manager and without additional compensation.

§ 2-5.2 Department of Administration.

[Ord. 505, § 2.1; New; Ord. 1860; Ord. 2089, § I; Ord. No. 2014-2229]

Title. This subsection shall be known and may be cited as the "Purchasing Ordinance of the Township of Ocean".

Division of Purchasing Established; Supervision. There is hereby established a division of purchasing within the department of administration which shall be under the direction of and supervision of the township manager, or in his absence, any party designated as acting township manager who shall be designated as the purchasing agent. The purposes of this subsection are to prescribe the manner in which the division shall contract the purchases of materials, supplies, equipment and services for the township.

Powers and Duties of Purchasing Agent. The purchasing agent shall have the power and it shall be his duty as follows:

To purchase, negotiate or contract for all materials, supplies, equipment and contractual services needed by any department or agency of the township in accordance with the purchasing procedures prescribed by this subsection.

To purchase and procure for the township the highest quality in materials, supplies and equipment, and contractual services in the most economical fashion subject to applicable State of New Jersey regulations.

To endeavor to obtain full and open competition insofar as possible on all purchases.

To draft with the cooperation of the various township departments and agencies, standard and written formal specifications when required for public bidding in a manner to encourage free, open and competitive bidding in accordance with the Local Public Contracts Law.

To establish and amend, when necessary, all rules and regulations authorized by or promulgated under this subsection.

To prescribe and maintain such forms as he shall find reasonably necessary to the operation of this subsection and of the purchasing division.

To prepare, adopt and maintain a vendors' database.

Steps Required in Purchasing. Each department shall follow the procedures and use such forms for requesting and purchasing as the purchasing agent shall prescribe. Each department head shall submit a complete statement of the materials, supplies, equipment, work and labor under contract, which will be required by the department at such interval as the purchasing agent shall prescribe. No officer or employee of the township shall purchase materials, supplies, equipment, services or make contract other than through the purchasing agent of the township or as otherwise provided herein. Any purchase order or contract made contrary to the provision hereof shall not be approved by the purchasing agent and the township shall not be bound thereby.

The purchasing agent shall prepare and provide appropriate forms to support a requisition and purchase order system.

The purchasing process shall be initiated by a using agency by a written requisition reflecting the particulars of the purchase. The requisition shall include a complete description of the items to be purchased, quantities required and the date the material is needed. It shall also indicate, in the space provided, the type of order as to whether a regular purchase, bid item, emergency purchase or under a State or county contract. If purchased under a State or county contract, the contract number will also be indicated in the space provided. The requisition shall be approved by the department head or other designated appropriate official. The purchasing agent shall review all requisitions and must either approve or disapprove same.

If the requisition is not approved, the purchasing document is voided by the purchasing division. In the event funds were not appropriated or are not available, the purchase order is returned to the purchasing agent by the chief financial officer. The using agency is notified and the requisition is returned. Each department head and the purchasing agent are responsible for properly analyzing and forecasting the requirements of the department and for making purchases in a planned and orderly manner. The department head shall, whenever possible, forecast their needs well in advance and place bulk or staged orders.

Financial Control; Finance Office. The office of the chief financial officer enters the purchasing function in the following manner: Budget appropriation shall be controlled by an encumbrance system which is to be installed and administered under the direction and supervision of the office of the chief financial officer. The chief financial officer shall also provide all certifications as required by the local finance board. The chief financial officer shall also be responsible for the payment of all bills in accordance with applicable law.

Purchases Requiring Receipt of Bids.

All materials, supplies, equipment for contracts, the estimated aggregate value of which shall exceed the limits established by the Local Public Contracts Law shall be formally bid when required by the Local Public Contracts Law.

Authorization to publicly advertise for formal bids shall be initiated by the approval of the council by the adoption of an appropriate resolution.

The purchasing agent or his designee shall prepare the necessary specifications for formal bids.

At the time and place specified in the legal advertisement, the purchasing agent shall publicly receive all bids and thereupon immediately proceed to unseal them and publicly announce the contents thereof and shall cause a proper record of the prices and terms to be made. The purchasing agent shall then review the bids and shall submit a written report within 60 days after receipt to the council. Said report shall include the date of bid opening, the proper names and addresses of those submitting bids together with the amount bid and any recommendations concerning the award of bids. If recommendation of award is made, a written certification from the office of the township chief financial officer, as required by the local finance board, shall also be submitted with said report certifying to the availability or lack thereof of adequate funds for the award of a contract.

The council shall award or reject bids under this subsection.

It shall be the duty of the purchasing agent to annually solicit by public advertisement the submission of bids for the furnishing of all work materials and supplies required to be bid under this subsection for the fiscal year.

Purchases Requiring Quotes.

All purchases of supplies and contractual services of less than the limit set by the Local Public Contracts Law may be made in the open market by the purchasing agent without the necessity of formal bid subject to the following limitations and qualifications:

A minimum of two quotations must be solicited as to the cost and price of each such contract or purchase over the limit set in the Local Public Contracts Law. Quotations may be solicited by personal interviews, running newspaper ads, forwarding letters, over the telephone, via fax, via computer or any other means which is fair and open.

Quotations shall not be used by the purchasing agent to intentionally split purchases into smaller parts so as to avoid reaching the bid threshold.

A record of all quotations solicited shall be maintained by the purchasing agent and filed with his records. In the event that quotations are not available from two vendors, an explanation shall be noted accordingly.

Any contract awarded by the purchasing agent shall be in writing. A purchase order in proper form may suffice for this purpose.

The purchasing agent shall consult with the township chief financial officer to ensure that there are appropriated funds unencumbered for each contract which he awards, either by certification from the chief financial officer or otherwise.

Authority for the purchase of small items, either by purchase order or by petty cash, to a single transaction limit of $25 is vested in all department heads provided such items are funded in the adopted budget or temporary budget. Department heads do not have authority to commit funds from capital ordinances. A township employee may make purchases of $25 or less and be reimbursed from the petty cash fund upon the presentation of a sales slip and petty cash voucher approved by the appropriate department head and indicating the appropriate account to be charged.

Cooperative Purchasing. The purchasing agent shall have the authority to join with other units of government, including the State, county, board of education and other municipalities in cooperative purchasing plans as provided for in the Local Public Contracts Law and guidelines promulgated thereunder when the best interest of the township could be served thereby.

Emergency Purchases. Purchases or contracts may be negotiated and awarded by the purchasing agent or acting purchasing agent for over the bid threshold without formal competitive bidding and public advertisement therefor, when an emergency affecting the public health, safety and welfare requires the immediate delivery of the articles or the performance of the service, when the need for the articles or services could not have been reasonably foreseen. It is not intended that emergencies be permitted to be created as a result of inadequate planning, delay, failure to take into account construction seasons or administrative convenience. The awarding or making of such purchase or contract shall be made in the following manner:

A written requisition for the performance of such work or labor, or the furnishing of materials, supplies or services is filed with the purchasing agent describing the nature of the emergency, the time of its occurrence and the need for invoking this section, certified by the officer in charge of the department wherein the emergency occurred. The purchasing agent, if he is satisfied that the emergency exists, is then authorized to award a contract for said work or labor, materials, supplies or services. The contract shall be limited to meeting the immediate needs of the emergency.

Upon the furnishing of such work or labor, materials, supplies or services in accordance with the terms of the contract or agreement, the contractor furnishing such work or labor, materials, supplies or services shall be entitled to be paid therefor and the council shall be obligated for said payment. The council shall take such action as shall be required to provide for the payment of the contract price.

An emergency purchase or contract is defined as one absolutely required to either restore or maintain an essential township service which absence may materially affect the welfare and safety of residents or township properties and facilities. Unless otherwise established by ordinance or unless specifically required by a proclaimed public emergency properly declared by the township manager, mayor, council or higher authority, emergency shall be limited to:

The restoration to service of vehicles designated as part of the essential service fleet including: police service (but not administrative or reserved vehicles), sanitation trucks and such additional public works equipment as may occasionally or seasonally be designated by the manager or director of public works as essential for operation. Reserve and non-essential vehicles are specifically excluded from the emergency provisions;

Expenditures for police operating or service supplies required for continued or special operations as authorized by the police chief;

Expenditures for emergency maintenance or restoration of township facilities including public buildings and grounds, public properties and safety devices.

All purchases made under the emergency purchasing authority must be on the emergency purchase order form and must be submitted for processing and approval the following business day and the nature of the emergency described in the form's emergency section and signed by the purchasing agent. All emergency purchases must be properly reviewed, approved, processed and recorded by the purchasing agent and a report made to the council together with a certification as obtained from the chief financial officer so that payments not be in excess of available budgeted appropriations.

Inspection. The department head or head of any agency or other unit in the township government using supplies or procuring contractual services as provided for in this subsection shall inspect or supervise the inspection of all deliveries or contractual services to determine their conformance set forth in the order or contract. The purchasing agent shall have the authority to require chemical or physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality in conformance with the specifications.

If the shipment is correct, the vendors' vouchers will be forwarded to the purchasing office with invoices, signed receiving copy and any supportive material. All receiving and invoicing forms will be retained by the receiving department until they are forwarded as part of the completed voucher.

If the shipment is not completed, correct deviations or shortages will be noted on receiving copy and short or incorrect shipment report will be prepared by the receiving clerk for consideration by the department head. The department head will then recommend one of the following actions.:

Cancellation of unshipped items;

Back order (with time limit) of unshipped items;

Cancellation and return of entire order;

Acceptance in payment for partial shipment.

In the event that the original order is not complete as ordered, it is the initiating department head's responsibility to see that appropriate attention is given to the correction of and payment for the final order.

Execution of Contract. All contracts shall be in writing. The mayor shall execute all contracts over the bid threshold as authorized by the council. The signature of the mayor shall be attested to by the clerk. The township attorney shall prepare or review all such contracts and shall further review all guaranty, indemnity, fidelity and other bonds. The purchasing agent may execute all contracts under the bid threshold.

Items Acquired in Error or Acquired Improperly. Materials and services received by the township as a result of an error on the part of the vendor, the township or any township employee will be treated as follows:

Vendor Error. Items which are delivered or supplied to the township through error on the part of the vendor will, wherever possible, be returned to the vendor and the vendor and township records adjusted accordingly. Items that cannot be recovered or returned or whose recovery will constitute other than a nominal expense on the part of the township will become the property of the township. Items of substantial value to the township which may, in the normal course of business, be effectively utilized by the township and may be costly for the vendor to recover may be negotiated by the parties with other aspects of the purchasing ordinance and contract laws applying as applicable.

Individual Error. Department heads or other individuals who acquire goods or services on behalf of the township in error or without observing the steps and procedures specified by this subsection are themselves responsible for that error and for reimbursement to the township or otherwise absorbing the cost involved.

Administrative Error. The township is not responsible for any order incorrectly placed through administrative error or in unwitting violation of this or other applicable township, State or Federal law. The township will make every reasonable effort to avoid such error, and where they occur, to mitigate costs and inconvenience to vendors and contracts.

Purchase Review and Accounting. It is the policy of the township to initiate and maintain an appropriate series of review, verification, and accounting checks of both purchases and the overall purchasing system. These check procedures will include, as a minimum, the following:

Running and periodic checks. The manager and the chief financial officer are jointly responsible for such running, periodic and special checks as they deem necessary or which may otherwise be required by special circumstance.

Annual, interim and special audits. The township auditor is responsible for the annual audit of overall purchasing records and payments and for the institution of such interim or special audits as he or the council may deem necessary.

Internal audit. The council, manager and chief financial officer may establish such formal internal audit procedures as they deem necessary.

Local Public Contracts Law. Whenever this ordinance and the Local Public Contracts Law are in conflict, the provisions of the Local Public Contracts Law shall prevail.

Gratuities and Favors Prohibited. The purchasing agent and every officer and employee of the township are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money or anything of more than trivial benefit.

Public Relations Coordinator. There shall be a public relations coordinator within the department of administration, who shall be appointed by the township manager, and who need not be a resident of the township.

(Reserved)[1]

Editor's Note: See subsection 2-5.10 for Code Enforcement Officer.

§ 2-5.3 Department of Finance.

Director. There shall be a department of finance, the head of which shall be the chief financial officer, who shall be appointed by the township manager. The chief financial officer shall:

Have, possess and exercise all of the functions, powers and duties of the chief financial officer as prescribed by general law and the ordinances of the township and in addition shall keep and maintain books and records of all financial transactions of the township in accordance with the standards and requirements of the State Division of Local Government.

Have custody of all public monies and of all investments and invested funds of the township or in its possession in a fiduciary capacity, except as otherwise provided by law, and keep such funds and municipal monies not required for current operations safely invested or deposited in interest-bearing accounts, as may be approved by the township council.

Receive all monies from any source, by or on behalf of the township or any department, board, commission, office or township agency, except as otherwise provided for by ordinance, and by the next ensuing bank day after their receipt, deposit them to the credit of the proper account in depositories, authorized by the council by resolution.

Make disbursements of municipal funds, paying bills, claims and demands against the township through a combination warrant-bank check or draft, individually signed by any two of the following: the director of finance, township manager or township clerk.

Have the safekeeping of all bonds and notes of the township and be responsible for the receipt and delivery of township bonds and notes for transfer, registration or exchange.

Maintain a full account of all cash receipts and disbursements by the division, in accordance with a properly authorized system of accounts, and prepare for each regular meeting of the township council, and oftener at the request of council, a statement of all receipts, expenditures, commitments and unencumbered appropriations, together with a list of all bills, claims and vouchers which have been paid through the close of business 24 hours preceding the meeting and since the last list was compiled. Such list shall be in sufficient copies for each member of the council, and at least one copy shall be filed with the township clerk as a public record open to examination.

Shall be responsible for the administrative oversight of the divisions of taxation, assessments, and accounts and control.

Division of Taxation. Within the department of finance there shall be a division of taxation, the head of which shall be designated the collector of taxes. The collector of taxes shall:

Have, perform and exercise all of the functions, powers and duties of a collector of taxes as are required by general law, the Charter and code, and as the council shall by ordinance provide, including without limitation thereto, the preparation and mailing of tax bills, enforcement of tax collections by tax sales, distress or other means prescribed by general law, and the maintenance of tax accounting records as authorized and approved by ordinance, in furtherance of which he shall install and administer tax bill forms which include a bill for the first two quarters of each year with the bill for the final half of the preceding year.

Receive and collect all monies assessed or raised by taxation or assessment for any purpose, all current taxes and delinquent real and personal taxes; charge and receive penalties according to law, proceeding promptly to enforce the payment of all delinquent taxes or assessments in the manner prescribed by law and forward to the township attorney for foreclosure a list of all tax liens held by the municipality.

Enter in suitable books or other records to be kept by him the sums received each day, indicating the account to which each receipt is credited, and on the first banking day after receipt of such sums, deposit them in the authorized public depositary of the township to the credit of the appropriate account.

Report to the manager at least once each month all receipts and deposits and cash on hand belonging to the township.

Within the division of taxation there shall be tax searchers who, under the supervision and direction of the collector of taxes, shall make or cause to be made, and certify, searches for tax and other liens on real property as may be authorized by law, and charge and collect for the use of the municipality the fee required by law for any such search or searches.

There shall be a deputy collector of taxes within the division of taxation, who shall be appointed by the township manager and who shall serve for a term to coincide with the term of the collector of taxes, or for such other term as may be designated by the manager or by law. The deputy collector of taxes shall have all of the powers and perform all of the duties vested in the collector of taxes at such times as the collector of the taxes shall be absent from the township or unable to serve by reason of disability or otherwise.

Division of Assessments. Within the department of finance there shall be a division of assessments, the head of which shall be the assessor of taxes who shall be appointed by the township manager. The assessor shall be qualified by training or experience in the valuation and assessment of real and personal property and shall have, perform and discharge all the functions, powers and duties prescribed by general law or township ordinance for a tax assessor in a township of this class. Under the direction and supervision of the director of finance, the division of assessments shall:

Make assessments for benefits of local improvement, and for that purpose have and exercise the powers and duties of a board of assessment for local improvement as provided by law.

Maintain adequate assessment records of each separate parcel of real property assessed or exempted and establish and maintain such files, records and procedures as may be required for the valuation and assessment of personal property pursuant to law.

Maintain a current tax map of the township as a public record, and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by this code.

Division of Accounts and Control. Within the department of finance there shall be a division of accounts and control, the head of which shall be the chief financial officer who shall carry out the following responsibilities:

Develop, maintain and enforce a uniform system of accounts, including forms, standards and procedures for all departments of the township government. Any uniform system of accounts shall include appropriate provision for such records and reports as may be prescribed or approved by the township manager for the determination of the cost of performance of each functional program or activity, measured in such work units as may be appropriate thereto, and for such data, records and reports as may be prescribed or approved by the township manager for the preparation and execution of a budget for the expenditure of public funds for capital purposes to give effect to general improvement programs.

Maintain and operate the township's central bookkeeping and accounting records according to sound accounting principles, and in accordance with the requirements of the director of the State Division of Local Government.

Audit all receipts and disbursements of the township government and of each of its departments, and pre-audit all bills, claims and demands against the township, including payrolls, and require each department head to certify that the materials, supplies or equipment have been received and accepted as specified and that the services have been duly rendered.

Control all expenditures to assure that budget appropriations are not exceeded, and maintain such books and records as may be required for the proper exercise of such budgetary control, including an encumbrance system of budget operation.

Review each proposed expenditure and commitment to be made on behalf of any department for conformity with State law, the Charter and ordinances of the township, and authorize only such expenditures and commitments as conform with all the requirements of this code.

Install, operate and maintain a central payroll system and all social security, pension and insurance records for personnel of all departments.

Devise, install and supervise a perpetual inventory of unissued stores of the township and install an accounting system whereby the status of such inventories will be maintained currently. Supervise a physical inventory periodically and the making of inventory lists of furniture and equipment by every officer, department or township agency having possession of township-owned property; revise a system of inventory records to account for all furniture and equipment and supervise a periodic counting of such furniture and equipment.

Submit a monthly report of encumbrances, expenditures and unemcumbered balances to the township council and township manager.

Payments of Claims.

All claims submitted to the township for all funds shall be made upon standard voucher form which shall be completed in full and submitted to the department head with the accompanying documentation.

The department head shall approve or disapprove same and if approved, shall sign the voucher where indicated and forward it to the township manager for his approval or disapproval.

If the township manager shall approve the claim, he shall sign the voucher where indicated and forward it on to the department of finance where it shall be reviewed by the chief financial officer.

If a voucher is approved by the chief financial officer, he shall sign a certification that if approved, it will not create an over-expenditure or an expenditure without appropriation and will not violate the public bidding statute. All vouchers received by the chief financial officer's office by 12:00 p.m. on the second Friday preceding a regular meeting of the township council and approved by the chief financial officer, shall be placed upon a voucher list which shall be prepared by the chief financial officer's office on the Tuesday preceding the next regular meeting of the township council.

The voucher list shall be submitted to the township council with their agenda materials for the regular meeting. The detailed vouchers will be available for inspection by the township council at the regular meeting. The voucher list as approved by the township council will be placed in the minutes of the township.

Refund of Taxes and Fees as a Result of Overpayment or Payment in Error.

Any application for refund of any tax or fee shall be presented to the chief financial officer by the director of the department of origin with an explanation setting forth all reasons for the request to refund monies paid to the township.

The application will be received and reviewed by the chief financial officer who will either approve or deny the application for refund.

If the application is approved for refund, the approved application will be returned to the department of origin noting that the request has been approved with the notation that a voucher is to be prepared and forwarded to the individual or firm requesting the refund.

Upon receipt of the executed voucher, it will be presented for inclusion on the next regular bill list to the township council for payment.

If the request for refund is denied by the chief financial officer, the originating department will be so notified along with the reasons set forth.

§ 2-5.4 Department of Engineering. [1]

Director. There shall be a department of engineering, the head of which shall be the full-time township engineer, who shall be appointed by the township manager or which shall be the township manager if the services of a consulting engineer are utilized.

Powers and Duties. This department shall have, possess, and exercise all the powers and duties prescribed for a township engineer by general law or by ordinance of the township and in addition, shall:

Prepare or cause to be prepared, plans, designs, and specifications for public works and improvements that are undertaken by the township.

Provide and maintain surveys, maps, plans, specifications, and control records with respect to public works and facilities owned or operated by the township.

Provide all engineering and mechanical services, advice, and assistance required by any department, office or agency of the township government, except as otherwise directed by the township manager.

The township engineer shall be a duly licensed professional engineer and land surveyor of the State of New Jersey having had practical experience as an engineer and shall serve a term of three years as provided by N.J.S. 40A:9-140 from July 1.

The employment of a township engineer shall not preclude the township from hiring consulting engineers as may be necessary in accordance with the Local Public Contracts Law.

All papers, documents, memoranda, reports and all other materials relating to the administration of the Office of Engineering shall be and remain the property of the township. Upon termination of his services with the township, the township engineer shall forthwith surrender to any successor all such property.

Editor's Note: Former subsection 2-5.4, Department of Health, previously codified herein and containing portions of Ordinance Nos. 505, 834 and 1112 was repealed in its entirety by Ordinance No. 1758. See subsection 2-5.8c, Division of Health.

§ 2-5.5 Department of Law.

There shall be a township attorney and the township may appoint assistant township attorneys and/or conflict township attorneys.

Director. The township attorney shall serve as the director of the department of law.

Qualifications. Neither the township attorney nor any assistant township attorney/or conflict township attorney, need be a resident of the township. In lieu of appointing individuals as attorneys, the council may appoint a firm of attorneys. The individual attorneys, or members of a firm of attorneys as the case may be, shall be attorneys and counselors-at-law in good standing of the State of New Jersey.

Compensation and Attendance at Meetings. The township attorney shall receive an agreed upon annual retainer, and, in addition, the attorney shall be paid reasonable fees and charges for other services performed outside the scope of the retainer. The amount and specific services covered by said retainer shall be established by resolution and contract between the township and attorney. In addition, any assistant township attorneys or conflict township attorneys shall be paid reasonable fees and charges for any services they perform. There shall be at least one such attorney in attendance at each and every meeting of the township council. If the township attorney is unable to attend the meeting and no assistant or conflict attorney is available, the township attorney may designate an attorney to attend the meeting on his behalf at no additional cost to the township.

Powers and Duties. The attorneys shall have such powers and perform such duties as are provided for the office of township attorney by general law or ordinances of the township. They shall prosecute and defend actions and proceedings by and against the township and every department thereof and give all necessary legal counsel and advice where required by the manager, council or any member thereof and shall in general be the legal advisors of the township government. In furtherance of such general powers and duties, but without limitation thereto, the township attorneys shall:

Prepare and/or review ordinances, contracts and other legal documents connected with or relating to the township government, council or any officer, department, board or agency thereof, except as may be otherwise directed by council.

Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the township.

Conduct appeals from orders, decisions or judgments affecting any interest of the township, as they may in their discretion of any litigation in which the township is involved.

Subject to the approval of the township council, have power to enter into any agreement, compromise or settlement of any litigation in which the township is involved.

Render opinions in writing upon any question of law submitted to them by the manager, council, any member thereof, or the head of any department, with respect to their respective official powers and duties.

Maintain a record of all actions, suits, proceedings and matters which relate to the interest of the township and report thereof from time to time, as the manager or council may require.

Conduct certain prosecutions for offenses, cognizable by the municipal court of the township, except such crimes and offenses as it may be the duty of the county prosecutor or municipal prosecutor, including violations of ordinances of the township, complaints of any department under State law, violations of rules or regulations duly promulgated by any department and matters involving bail forfeitures.

Have such other different functions, powers and duties as may be provided by Charter or ordinance.

Vacancy of Office of Township Attorney. In the event of the death or resignation of the township attorney, or of the occurrence of a vacancy in the office of township attorney for any other reason, an assistant township attorney or conflict attorney as designated by counsel, may act as township attorney until the office is duly filled pursuant to this Charter.

Special Counsel. Whenever he/she deems the interests of the township so require, the township attorney may, with the approval of township council and within the limits of available appropriations, appoint special counsel to assist him in the preparation, trial or argument of such legal matters or proceedings as he may determine. If the township attorney and the assistant township attorney should be disqualified with respect to any matter, the council shall appoint special counsel to represent the township for and with respect to such matter.

Records and Papers. All papers, documents, memoranda, reports and all other materials relating to the administration of the department of law shall be and remain the property of the township. Upon the termination of their services with the township, the township attorney and the assistant township attorney shall forthwith surrender to any successor all such property, together with a written consent to substitution of any successor in all legal actions and proceedings then pending to which the township is a party.

§ 2-5.6 Department of Police.

Establishment of Police Department.

The police department shall consist of a chief of police, up to three captains, up to five lieutenants, up to 12 sergeants and up to 45 officers which the township council deems necessary to preserve the peace of the township. This staffing level shall be exclusive of any officers on terminal leaving being paid through reserves established for the payment of unused vacation and sick leave. The township manager is designated as the appointing authority and may appoint such members of the department as may be provided within the local municipal budget and this subsection. The Organizational Chart shall be as follows:

OCEAN TOWNSHIP POLICE

Table of Organization

Organization of Police Department.

Pursuant to the Council-Manager Plan A of the Optional Municipal Charter Law of 1950 (N.J.S.A. 40:69A-81, et seq.), the "appropriate authority" as set forth in N.J.S.A. 40A:14-118 shall be the township manager of the Township of Ocean. The township manager shall adopt and promulgate rules and regulations for the government of the municipal police department and for the discipline of its members. The aforesaid rules and regulations may be suggested to the township manager by the chief of police. The chief of police shall be the head of the police department and shall be in charge of the daily operations of the department, but shall be directly responsible to the township manager for the efficiency and routine day-to-day operations thereof as described in the duties of the police chief established under this subsection.

Nothing set forth herein shall prevent the appointment by the township council of committees or commissions to conduct investigations of the operation of the police department and the delegation to such committees or commissions of such powers of inquiry as the township council deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the township manager from examining at any time the operations of the police department or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe upon or limit the power of the township manager to act and provide for the health, safety or welfare of the Township of Ocean in an emergency situation through special emergency directives.

Criminal Investigation Bureau. Within the department of police, there shall be a criminal investigation bureau responsible for the investigation of crime, arrest, and prosecution of the perpetrators, and the recovery of stolen property. The bureau shall be under the supervision and control of the chief of police. The senior ranking superior officer assigned to the bureau shall be in command thereof. The officer in command of the bureau shall have the following duties:

Insure or cause to insure that all duties coming within the scope of the criminal investigation bureau are properly and efficiently handled.

Make or cause to be made all necessary records, reports and papers pertaining to the workings of the bureau.

Keep the chief of police advised as to the workings of the bureau.

Maintain full and close cooperation with the Monmouth County Prosecutor's Office and other law enforcement agencies as may be necessary.

The members of the department assigned to criminal investigation bureau shall be on duty the hours assigned to them, and at such other times as may be ordered by the superior ranking officer of the bureau or as the work may require.

Special Law Enforcement Officers. The manager may appoint special law enforcement officers for a term not exceeding one year, and revoke such appointments without cause or hearing. Such special law enforcement officers shall carry out their duties and responsibilities under the direct supervision of the chief of police and their powers, rights and duties shall be specifically defined by the chief of police. The powers, rights and duties, however, shall immediately cease at the expiration of the term for which they were appointed, or upon revocation of their appointment. Special officers shall not carry a revolver or other weapon at any time except as otherwise directed by the chief of police.

Duties of the Chief of Police.

The chief of police shall serve in a probationary status for a period of one year from the date of appointment. During the probationary period, the chief shall hold the title of acting chief of police. During the probationary period, the acting chief of police may be demoted to his prior title for cause or no cause.

The chief of police shall, pursuant to policies established by the township manager:

Administer and enforce rules and regulations and special emergency directives for the disposition of discipline of the force and its officers and personnel;

Have, exercise, and discharge the functions, powers and duties of the force;

Prescribe the duties and assignments of all subordinates and other personnel;

Delegate such authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and

Report at least monthly to the township manager in such form as shall be prescribed by the manager on the operation of the force during the preceding month and make such other reports as may be requested by the manager.

Functions of the Police Department.

The police department shall:

Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and public meetings and assemblages.

Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic, and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians, and make and enforce rules and regulations not inconsistent with the ordinances of the township for such purposes.

Remove or cause to be removed all nuisances in the public streets, parks and other public places of the township, inspect and observe all places of public amusement or assemblage and all places of business requiring any State or municipal license or permit and report thereon to the appropriate department.

Provide proper police attendance and protection of fires.

Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of Federal, State and county governments.

Operate a training program to maintain and improve the police efficiency of the members of the department.

Perform such other duties to be consistent with Federal, State and local laws; directives of the Attorney General and the Monmouth County Prosecutor; and all other lawful actions to promote the welfare of the public.

Qualifications for Police Officers.

Except as provided under N.J.S.A. 40A:14-122, all persons appointed as a member of the police department shall:

Be a citizen of the United States;

Be in good health sufficient to satisfy the township's physical and psychological examination and the Board of Trustees of the Police and Firemen's Retirement System;

Be able to read, write and speak the English language well and intelligently;

Be of good moral character, and never have been convicted of any criminal offense involving moral turpitude;

Pass a written and/or oral examination and one or more oral interviews as determined by the township manager;

Be in possession of a valid New Jersey automobile operator's license.

Possess at least an Associate Degree from an accredited college or university, or shall have been honorably discharged from active duty from a branch of the United State Military Service and possess a high school diploma or equivalency certificate recognized by the Department of Education of the State of New Jersey.

The township manager shall make such appointments from all qualified applicants.

Each successful appointee shall serve a probationary period of one year including his successful completion of a course at a State or county accredited police academy if he does not already hold a valid New Jersey certification as a Class A police officer.

Promotions.

The township manager shall set the evaluating criteria to be used for promotions. Except for the position of chief of police, candidates for promotion shall:

Serve in their present rank for a period of five years for promotions to the rank of sergeant and one year for all other ranks;

Be considered based upon their disciplinary record;

Be considered based upon their last three performance appraisals;

Be considered based upon commendations, awards or other recognition;

Pass a written and/or oral examination and an oral interview as determined by the township manager;

Be considered based upon merit and fitness; and

Be otherwise considered based upon N.J.S.A. 40A: 122.6.

Newly promoted individuals shall serve a one year probationary period providing the same is provided for in the collective bargaining agreement covering this position. During the probationary period, the officer may be demoted to his prior title for cause or no cause.

In the case of an emergency, the township manager, in his sole discretion, may promote a member of the police department to an acting title as he sees fit to preserve the public welfare and the efficiency of the department.

Suspension or Removal of Members in Office. Except as otherwise provided by law, no permanent member or officer of the police department shall be suspended, removed, fined or reduced in rank from or in office, employment or position therein except for just cause, including but not limited to: incapacity, inefficiency, misconduct, conduct unbecoming a police officer, insubordination, disobedience of departmental rules and regulations, neglect of duty, failure to perform duty, chronic or excessive absenteeism, misuse of public property, violations of Federal, State or municipal statutes, regulations or policies regarding alcohol and drug testing, acts of discrimination, moral turpitude and other sufficient causes, as hereinbefore provided and then only upon written complaint setting forth the charge or charges against such member or officer. Said complaint shall be filed with the township manager and a copy shall be served upon the member or officer so charged with notice of a designated hearing thereon by the township manager or his designee which shall not be less than 10 or more than 30 days from the date of service of the complaint. Said hearing shall proceed and be conducted in accordance with the provisions of N.J.S.A. 40A:14-147; 149; 149.1; and case law relating thereto.

Police Physician. Within the department of police there shall be a police physician who shall have all of the powers, functions and duties of a township police physician prescribed by general law.

Traffic and Safety Bureau. Within the department of police, there shall be a traffic and safety bureau which shall be under the supervision and control of the chief of police. The senior ranking superior officer assigned to the bureau shall be in command thereof. The officer in command of the bureau shall have the following duties:

Insure or cause to insure that all duties coming within the scope of the traffic bureau are properly and efficiently handled.

Make or cause to be made all necessary records, reports and papers pertaining to the workings of the bureau.

Keep the chief of police advised as to the workings of the bureau.

Maintain full and close cooperation with the office of the township planner and other departments as may be necessary.

The members of the department assigned to the traffic and safety bureau shall be on duty the hours assigned to them, and at such other times as may be ordered by the superior ranking officer of the bureau or as the work may require. The traffic and safety bureau shall be responsible for all traffic control and safety within the township.

Records Bureau/Municipal Court Discovery.

All requests for discovery in matters pending in the Township of Ocean municipal court shall be submitted through the municipal prosecutor.

The following fees shall be payable by the requestor to the Township of Ocean for the discovery provided:

$0.75 per page for each of the first 10 pages photocopied.

$0.50 per page for each of the next 10 pages photocopied.

$0.25 per page for each of the pages photocopied thereafter.

Actual postage for any discovery sent by mail.

$0.25 for the envelope for any discovery sent by mail.

Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.

Duplication of videotapes constitutes an extraordinary duplication process and will be charged at the rate of $5 per videotape.

(h)

On any item that cannot be photocopied on the township copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.

Where the discovery must be obtained from an entity other than the Township of Ocean, e.g. another police department, the actual costs paid to the other entity shall be paid by the requestor.

§ 2-5.7 Department of Public Works.

Director. There shall be a department of public works, the head of which shall be the director of public works. An assistant director of public works shall serve as assistant to the director taking on such duties as may be assigned by the director such as personnel, labor relations and public works policy analysis. The assistant director shall serve in the stead of the director during his/her absence. An operations superintendent shall supervise and coordinate the functions of the divisions of roads, public buildings and grounds and sanitation. A fleet superintendent shall assist the director in this area and supervise the division of vehicle maintenance. The office of the director shall have such additional personnel as the manager may assign and the council may authorize in the annual budget.

Division of Roads. Within the department of public works, there shall be a division of roads, which shall include one road foreman. Under the direction and supervision of the superintendent of operations and the foreman the division shall:

Maintain and repair all township streets, roads, bridges, culverts and drains.

Construct and reconstruct streets, roads, bridges, culverts, and drains according to such specifications approved by the township engineer.

Maintain all township streets in a clean and safe condition, free of obstructions and hazards, and remove leaves, debris, snow and ice therefrom as required.

Division of Public Buildings and Grounds. Within the department of public works, there shall be a division of public buildings and grounds, the head of which shall be the buildings and grounds foreman. Under the direction and supervision of the operations superintendent and the foreman the division shall:

Be responsible for the construction, management, maintenance and operation of the physical properties and buildings of the township.

Operate, maintain and repair township owned buildings and properties, parks and recreation areas and provide custodial and janitorial services therefor, including office quarters and all other real estate.

The division shall install, repair and maintain parking meters, street traffic signs, lines and markers.

Division of Sanitation. Within the department of public works, there shall be a division of sanitation, the head of which shall be a sanitation foreman. Assisting in the overall operations shall be as many assistant foremen as the manager and/or director may find necessary to carry out the division's functions. Under the direction and supervision of the operations superintendent and the foreman the division shall:

Be responsible for the collection of all solid waste which may include among other things residential and industrial garbage, waste and refuse, trimmings and clippings and such other debris from properties within the Township of Ocean in accordance with Chapter 10 hereof.

Division of Vehicle Maintenance. Within the department of public works there shall be a division of mechanics, the head of which shall be the fleet superintendent. Under the direction and supervision of the fleet superintendent the division shall:

Control the care and maintenance of motor vehicles owned by the Township and for this purpose the division shall:

(1)

Operate and supervise the operation of a garage or garages for the storage, servicing, repair and maintenance of Township owned motor vehicles or equipment.

(2)

Supervise any work done by contract for the storage, repair, servicing and maintenance of Township owned motor vehicles or equipment.

(3)

Control the maintenance of motor vehicles owned by the Township by maintaining individual vehicle records of mileage, costs of operation and maintenance and replacement schedules.

§ 2-5.8 Department of Community Development.

[Ord. 1112, § 2; Ord. 1758, § I; Ord. No. 2014-2229]

Director. There shall be a department of community development, the head of which shall be appointed by the Township Manager.

Division of Community Development. Within the department of community development there shall be the division of community development, the head of which shall be the planning administrator or the zoning officer. This division shall be responsible for the coordination of applications filed before the board of adjustment of the Township of Ocean and the planning board of the Township of Ocean. This division shall also be responsible for such planning matters as census counts, analysis of demographic, land use or other data, or other planning related matters.

This division shall have a designated zoning officer who may also have one or more assistants who shall administer and enforce the provisions of the Municipal Land Development Ordinance.

Division of Health. Within the department of community development, there shall be a division of health, the head of which shall be the full-time Township health officer when so appointed by the Township Manager. If the services of a consulting health commission are utilized, the director of community development shall serve as the head of this division.

The division of health shall have all of the functions, powers, and duties of a local board of health under Title 26 of the Revised Statutes, except that the council shall have and exercise all local legislative powers under that title, and in addition, shall:

Plan and administer a comprehensive public health program including, without limitation thereto, environmental sanitation, communicable disease control, child and adult health, and health education, laboratory services, and other services as may be authorized by the Charter or ordinance.

Administer and enforce the local and state health ordinances and laws.

License food establishments pursuant to local and state ordinances.

License dogs and cats pursuant to local and state ordinances.

Division of Construction Code Enforcement. Within the department of community development, there shall be a division of construction code enforcement, the head of which shall be the construction code official, who shall have the qualifications for such office as prescribed by ordinance and general law.

Responsibilities: Personnel. The division will be responsible for enforcing the State Uniform Construction Code including such personnel or agents as a construction official, building subcode official, plumbing subcode official, electrical subcode official, fire protection subcode official, and such other subcode officials for any additional subcodes as the commissioner of the department of community affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The construction official shall be the chief administrator of the enforcing agency and in this respect shall have such responsibility and duties as provided by the State Uniform Construction Code Act. The construction official position shall be filled by a person qualified for such position pursuant to N.J.S. 52:D-119 et seq. and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified to hold such a position pursuant to N.J.S. 52:27D-119 et seq. and N.J.A.C. 5:23. It shall be the duty of the construction official to inspect buildings, plans, or premises for compliance with the State Uniform Construction Code and such other duties as the State Uniform Construction Code may require and to issue building and construction permits and to make a report to the Tax Assessor of all such certificates issued.

Licenses and inspections. The division shall also be responsible for the issuance of all mercantile and vending machine licenses in the Township as well as enforcement of any other ordinances requiring enforcement by the building inspector or other members of the division.

§ 2-5.9 Department of Human Services.

[Ord. 505, § 2.1; Ord. 750; Ord. 1031; Ord. 1061, § 1; Ord. 1124, § 2; Ord. 1181, § XII; Ord. 1206, § I; § II; Ord. 1223, § I; Ord. 1237, § 1; Ord. 1304, § 1; Ord. 1368, § I; Ord. 1441, § I; Ord. 1491, § I; Ord. 1536, § I; Ord. 1583, §§ I — III; Ord. 1659, § I; Ord. 2048, § I; Ord. No. 2014-2222]

There shall be a department of human services and a director of human services to be appointed by the township manager. The director shall perform such duties as planning, organizing, and administering a comprehensive program of social service and recreation for the entire community. The director shall supervise the administrators of the officers of the department. There shall also be a human services council to be appointed by the manager. Membership shall not exceed 35 persons and will include three members of the local assistance board. Members shall serve two year alternating terms except members of the local assistance board who shall serve terms concurrent with their board term. The human services council shall serve as an advisory body to the Township Council, Township Manager, and human services director in matters concerning the human service needs of the residents including, but not limited to, recreation and leisure, chemical health, homelessness and poverty, mental health, and concerns of youth and the elderly and other special populations.

The department of human services shall:

Annually adopt a plan for the acquisition and maintenance of public parks, recreational areas, greens, grounds, and trees in the public way. Appropriate consultation from the human services council, shade tree commission, the environmental commission, the director of public works, and other groups and residents of the Township shall be insured. Recommendations shall be made to the council through the manager.

Annually adopt a plan for the provision of human services which outlines the human service needs and resources in the Township of Ocean. Appropriate consultation from the human services council, board of education, police department, and other groups and residents of the Township shall be insured. Recommendations shall be made to the council through the manager.

The department shall be comprised of the following divisions:

Office of Recreation. Within the department of human services, there shall be the officer of recreation which, under the direction of the recreation administrator, shall be responsible for the organization and implementation of a comprehensive recreational program for the community. This office shall also be responsible for the operation of the pool and tennis club.

Office of Community Services. Within the department of human services there shall be an office of community services. Under the direction of the community services administrator, this office shall be responsible for the provision of counseling, referral, and crisis intervention and employee assistance services to residents and employees of the Township of Ocean. The office of community services shall also be responsible for the provisions of chemical health services in the Township, including drug abuse prevention, education, and treatment.

Office of Public Assistance. Within the department of human services, there shall be the office of public assistance which will be responsible for municipal assistance to the indigent as stipulated by statute. This office shall be headed by the director of human services or designee.

The department is authorized to charge fees.

Fees for recreation programs and facilities are listed in the Revised General Ordinances of the Township of Ocean Chapter 16.

Fees for the pool and tennis facility are listed in Chapter 14.

The following fees apply to certain services provided by the Office of Community Services:

		Resident	Nonresident
a.	Specialized Group Program (per session)	$10-50	$20-100
b.	Specialized Individual Program (per session)	$10-50	$20-100
c.	Specialized Assessments	$100-150	$120-170
d.	Specialized Case Management/Report Preparation	$60 p/hour	$60 p/hour
e.	Specialized Court Appearance	$100 p/hour	$100 p/hour

The Community Services Director is authorized to discount all fees on the basis of financial need.

§ 2-5.10 Division of Housing, Code Enforcement and Clean Communities.

[Ord. No. 2014-2229]

Code Enforcement Official. There shall be a Division of Housing, Code Enforcement and Clean Communities, the head of which shall be appointed by the Township Manager and will also be known as the Code Enforcement Official and shall be at all times under the supervision of and responsible to the Township Manager.

There exists a need in the Township for a more coordinated, consistent and thorough enforcement of the laws, codes and ordinances duly enacted by the Township Council, and in order to more adequately protect persons and property, and for the preservation of the public health, safety and welfare of the Township and its inhabitants, there is hereby created the position of Code Enforcement Official. The Code Enforcement Official is responsible for the enforcement, interpretation and oversight of said enforcement of Township ordinances, municipal laws and regulations dealing with matters involving minimum housing standards, property maintenance, recycling, zoning, littering and the licensing of various trades, professions and activities within the Township.

This Division shall also have one or more Code Enforcement Officers who shall be responsible for the enforcement of the local and State housing codes and regulations and any such ordinances as may be determined by the Township Council.

Duties of the Division of Housing Code Enforcement and Clean Communities shall consist of the following:

To administer and enforce both the Revised General Ordinances, Land Development Ordinances of the Township of Ocean and Codes published by the International Code Council, State of New Jersey and BOCA.

To investigate, issue warnings, post notices, issue stop-work orders, sign complaints, and prosecute and testify in Municipal Court in regard to violations of any of the laws, codes or ordinances in force in this Township including, but not limited to, the following:

(1)

Repair, closing and demolition of buildings unfit for human habitation and public nuisance; and

(2)

Housing regulations essential to making dwellings safe, sanitary and fit for human habitation; and

(3)

Removal of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris; and

(4)

General clean-up and maintenance of properties including enforcement of zoning, animal control and mercantile license regulations.

To make such inspections, evaluations, studies and surveys concerning code enforcement as shall be assigned by the Township Manager.

To keep a written record of all complaints concerning code enforcement along with the nature of the investigation and the action taken in response to such complaints.

To perform such other duties as may be assigned by the Township Manager.

DECLARATION OF A STATE OF LOCAL DISASTER EMERGENCY

To supervise the housing official and clean communities staff.

Housing Official.

The housing official(s) is hereby authorized as a Code Enforcement Officer and directed to make appropriate inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township of Ocean in order that they may perform their duty of safeguarding the health and safety of the occupants of the dwellings and the general public. For the purpose of making such inspections they are hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, and rooming units, or the person in charge thereof, shall give the appropriate inspectors free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Each occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effectuate compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.

Investigates complaints, conducts and supervises field inspections and special investigations to insure compliance with various ordinances relating to sanitation practices and environmental codes and prepares needed reports.

Initiates necessary legal action against violators of various ordinances; appears in court as necessary.

Establishes and maintains necessary records.

Responsible for the enforcement of Landlord Registration forms for all non-owner occupied properties.

Litter Control and Violations Enforcement Officer. The Litter Control and Violations Enforcement Officer is hereby authorized as a Code Enforcement Officer and directed to make appropriate inspections to determine the condition of properties and enforcement of Township ordinances as needed. Duties also include but not limited to:

Pick up of litter throughout the Township including parks.

Removes and disposes of illegal temporary signs in right-of-way and Township properties.

Works with Clean Communities Committee and other citizen groups to plan and implement Township-wide litter prevention programs and education services; publicizes the purposes and accomplishments of the litter prevention; recycling and other programs. Assists in organizing and conducting litter clean-ups throughout the Township.

Performs other related work as required.

Qualifications and Salary.

The Code Enforcement Officers shall be appointed on the basis of his/her training and experience in code inspection and enforcement, administrative abilities and educational qualifications.

The Code Enforcement Officers shall receive a salary in accordance with the existing salary ordinance that is in full force and effect at the time of hiring.

§ 2-6 SEPARATE OFFICES AND BOARDS.

The offices, boards, bodies and commissions set forth in this section, having been heretofore established by law, are continued by this section, with the powers and duties and subject to appointment, as provided by the respective laws under which they were created.

§ 2-6.1 Municipal Court.

Powers. There shall be a municipal court in the Township, pursuant to the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, to be known as the "Municipal Court of Ocean Township, Monmouth County." The municipal court shall have a seal which shall bear the impress of the name of the court.

The said court shall be held in the Town Hall and shall exercise all of the functions, powers, duties and jurisdictions conferred upon municipal courts by the provisions of Chapter 264, New Jersey Laws of 1948, as amended or supplemented, or any other law.

Judge of the Municipal Court. There shall be a judge of the Municipal Court of Ocean Township, Monmouth County, who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.

Powers and Duties of Judge of the Municipal Court. The judge of the municipal court shall have and possess the qualifications, and shall have, possess and exercise all of the functions, duties, powers and jurisdictions conferred by Chapter 264, New Jersey Laws of 1948, as amended or supplemented, or by general law or ordinance. He shall sit at such times as the business of the court may require which times shall be approved by the administrative office of the courts of the State.

Municipal Court Clerk. There shall be a clerk of the Municipal Court of Ocean Township, Monmouth County, who shall be appointed by the township Manager and shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to municipal courts, and by the municipal judge. His duties shall include, but not be limited to:

Carrying out the rules, regulations, policies and procedures relating to the operation of the court.

Interviewing and speaking to prospective complainants; receiving complaints and dispensing information relating to court matters.

Maintaining the financial records of the court.

Attending court, taking minutes of the trials and entering them in the docket; arranging trial calendars; signing court documents; preparing and issuing warrants and commitments.

Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs.

Interviewing persons on informal police court matters to determine if there is basis for formal action and, if necessary, issue summonses requiring court appearances in this regard; maintaining and classifying records and files.

§ 2-6.2 Zoning Board of Adjustment.

A zoning board of adjustment is hereby established as authorized by N.J.R.S. 40:55D-1 et seq.

Members. The board shall consist of seven members, residents of the township who shall be appointed by the township council and who shall not hold any elective office or position under the township.

Terms of Office. The terms of the members first appointed under this section shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial term of no member shall exceed four years. Thereafter, the term of each such member shall be four years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

Members and alternate members of the zoning board of adjustment on August 1, 1976 shall continue in office until the completion of their terms as provided by law immediately prior to that date except that alternate members shall become regular members. Any new appointments or reappointments to the board shall be governed by the provisions of this subsection.

Removal for Cause. No member of the board of adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the township council for cause.

Absent Members. When any hearing before a zoning board of adjustment shall carry over two or more meetings, a member of the board who was absent for one or more of the meetings, shall be eligible to vote on the matter upon which hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such board member has available to him a transcript or recording of the meeting from which he was absent, and certifies in writing to the board that he has read such transcript or listened to such recording.

Quorum. A quorum of the zoning board of adjustment shall be a majority to the full authorized membership.

Organization. The zoning board of adjustment shall elect a chairman and vice-chairman from its members and select a secretary who may or may not be a member of the board of adjustment or a township employee.

Powers. See provisions set forth in Chapter 25, Land Use Procedures.

Alternate Members. There shall be four alternate members of the zoning board of adjustment designed as "Alternate No. 1" and "Alternate No. 2" and "Alternate No. 3" and Alternate No. 4" who shall serve in rotation during the absence or disqualification of any regular member or members to the board. The term of each alternate member shall be two years. Alternates I and III will serve for terms commencing and expiring in even numbered years and Alternates II and IV will serve for terms commencing and expiring in odd numbered years.

§ 2-6.3 Planning Board.

There shall be a planning board of the township established pursuant to N.J.R.S. 40:55D-1 et seq. consisting of nine members which shall be known as the Township of Ocean planning board.

Composition. The planning board shall be composed of nine members who shall be divided into the following four classes and serve for the terms indicated:

Class I. The mayor of the township whose term shall correspond with his official tenure as mayor.

Class II. One member of the environmental commission to be appointed by the mayor.

Class III. A member of the township council to be appointed by it.

Class IV. Six other citizens of the township to be appointed by the council.

One of whom may be a member of the zoning board of adjustment.

One of whom may be a member of the board of education.

Four citizens of the township who will hold no other township office.

Terms of office. The term of the mayor shall correspond with his official tenure.

The term of the class II member who is also a member of the environmental commission shall be for three years or terminate at the completion of his term of office as a member of the environmental commission, whichever occurs first.

The term of the class III member shall be for one year or terminate at the completion of his respective term of office, whichever occurs first.

The term of a class IV member who is also a member of the zoning board of adjustment or board of education shall terminate whenever he is no longer a member of such other body or at the completion of his class IV term, whichever occurs first.

The term of all class IV members first appointed pursuant to this subsection shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment; provided that the initial class IV term of no member shall exceed four years. Thereafter all class IV members shall be appointed for terms of four years. If a vacancy in any class shall occur otherwise then by expiration of the planning board term, it shall be filled by appointment, as provided above, for the unexpired term.

All terms shall run from July 1 of the year in which the appointment is made.

Members of the planning board on August 1, 1976 shall continue in office until the completion of their terms as provided by law immediately prior to that date. Any new appointments or reappointments to the board shall be governed by the provisions of this subsection.

Removal for cause. No member of the planning board shall be permitted to act on any matter in which he has either, directly or indirectly, any personal or financial interest. Any member other than a class I member, after a public hearing if he requests one, may be removed by the township council for cause.

Absent members. When any hearing before a planning board shall carry over two or more meetings, a member of the board who was absent for one or more of the meetings, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such board member has available to him a transcript or recording of the meeting from which he was absent, and certifies in writing to the board that he has read such transcript or listened to such recording.

Quorum. A quorum of the planning board shall be a majority of the full authorized membership.

Organization of board. The planning board shall elect a chairman and vice chairman from the members of class IV and select a secretary who may or may not be a member of the planning board or a municipal employee, designated by it.

Experts and staff. The planning board may employ or contract for the services of legal counsel, other than the township attorney, and experts and other staff and services as it may deem necessary not exceeding, exclusive of gifts or grants, the amount appropriated by the township council for its use.

Powers and duties. See provisions set forth in Chapter 25, Land Use Procedures.

Alternate members. There shall be one alternate member to the planning board in class II, one alternate member in class III and two alternate members in class IV. The alternate members of classes II and III shall be appointed for terms to expire at the same time as the terms of the regular members of their respective classes. Alternate members of class IV shall serve for terms of two years; provided, however, the initial terms of such members shall be one and two years respectively. Such alternate members shall be designated by the chairman "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.

§ 2-6.4 Shade Tree Commission.

There shall be a shade tree commission, to be known as the Shade Tree Commission of the Township of Ocean, and as authorized and contemplated by the provisions of Chapter 64, Subtitle 3 of Title 40 of the Revised Statutes of New Jersey.

Composition. The shade tree commission shall consist of five residents of the township who shall be appointed by the township manager. The township manager may appoint not more than two alternate members, which alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."

Term. Members of the shade tree commission shall serve for a term of five years from January 1 of the year next succeeding the date of their appointment. The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2. A vacancy occurring otherwise than by expiration of term shall be filled by the township manager for the unexpired term only.

Powers and Duties. The shade tree commission shall have and exercise all of the powers and duties prescribed for such commissions by Subtitle 3 of N.J.S.A. 40:64, by general law or ordinance. An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.

§ 2-6.5 Emergency Management.

Department — General. There shall be an office of emergency management, the head of which shall be the township emergency management director.

Definitions. As used in section, the following terms shall have the meanings indicated:

Shall mean the determination by the director or his authorized deputy, upon consultation with the township manager, that a disaster has occurred or is imminent requiring activation of all or part of the township civil defense and disaster control (CD-DC) organization, from which determination a proclamation of a state of local disaster emergency shall issue.

DEPUTY COORDINATOR

Shall assist the township emergency management director.

DIRECTOR

Shall mean oversees the office of emergency management both operationally and administratively. Also known as the coordinator.

DISASTER

Shall mean and include, but is not limited to, actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic or other impending or actual calamity endangering or threatening to endanger health, life or property or constituted government.

EMERGENCY MANAGEMENT FORCES

Shall mean the employees, equipment and township facilities of all departments, boards, institutions and commissions. In addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.

EMERGENCY MANAGEMENT VOLUNTEER

Shall mean any person duly registered, identified and appointed by the township director of the office of emergency management and assigned to participate in the emergency management activity.[1]

EXPENDABLE ITEMS

Shall mean any items used to extinguish any fire and/or stop or control or contain any leak or spill involving hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include, but are not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment to include, but not be restricted to, acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIALS

Shall mean any material, solid, liquid or gas, listed as a hazardous substance or material including, but not limited to, substances and materials listed under the National Fire Protection Association (NFPA) Guide of Hazardous Material, the Department of Transportation Guide Book and the list of hazardous substances and toxic pollutants designated by the Federal Environmental Protection Agency and the New Jersey Department of Environmental Protection.

VEHICLE

Shall mean any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft and trains.

VESSEL

Shall mean any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous material.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General provisions, Art. IV).

Purpose. Because of the existing and increasing possibility of disasters of unprecedented size and destructiveness, resulting from fire, flood, earthquake, hurricane, tropical storm, plane crash or other natural or manmade causes, and in order to ensure that preparations of this township will be adequate to deal with such disasters in addition to civil insurrection, war or any hostility towards the United States, and generally to provide for the common defense and to protect the public peace, health and safety and to preserve the lives and property of the residents of this township, it is hereby found and declared to be necessary.

Comprehensive Plan. It is further declared to be the purpose of this subsection and the policy of this township that all emergency functions of the state government, including its various departments and agencies, of the county government and of the other Township and private agencies of every type to be included in the emergency operations plan so that a comprehensive plan can be developed to make use of all available resources in the event that a disaster does occur.

Liability.

This subsection is an exercise by the township of its governmental functions for the protection of the public peace, welfare, health and safety. During an emergency, neither the township nor agents and representatives of said township, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this chapter, shall be liable for any damage sustained to persons or property as a result of said activity.

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to township the right to inspect, designate and use the whole or any part or parts of such real estate or premises, for the purpose of sheltering persons during an emergency, shall not be civilly liable for the death of or injury to any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of or damage to the property of such persons.

Director. The township emergency management coordinator will be known as the township emergency management director and shall be appointed by the township manager pursuant to law. The emergency management director shall serve for a term of three years, provided that the requirements of this section are fulfilled and that individual must be a resident of the Township of Ocean. As a condition of appointment, the emergency management director shall have successfully completed, at the time of appointment or within one year immediately following said appointment, the current approved emergency management director course. The township emergency management director shall:

Maintain the Township of Ocean Emergency Operations Plan.

Supervise and/or maintain departmental records, prepare budget requests and oversee the day-to-day operation of emergency management divisions.

Keep all books and records for emergency services related to federal- and state-mandated and/or optional programs, including National Incident Management System.

Upon request, shall prepare public education programs, maintain emergency operations center, coordinate and review school evacuation plans, industrial evacuation plans, oversee a disaster recovery plan, be responsible for grant applications and critique an annual emergency exercise.

The emergency management director shall be responsible for the planning, activating, coordinating and the conduct of disaster control operations within the township.

Whenever, in his or her opinion, a disaster has occurred or is imminent in the township, the emergency management director shall proclaim a state of local disaster emergency within the township.

The emergency management director, in accordance with regulations promulgated by the State Office of Emergency Management Director, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out disaster control operations and to protect the health, safety and resources of the residents of the township.

Establish and staff a township emergency operations center and act as a frequency coordinator for the township radio system.

In emergency situations, coordinate the altering and mobilization of the township emergency management organizations and assist in the processing of requests for emergency aid and the dispatching of aid to the points of greatest need.

10.

Shall act as the township director for the CERT (Community Emergency Response Teams) and NIMS (National Incident Management System) program and act as a liaison for township fire departments and first aid squads.

11.

When necessary, respond to the scene of major emergencies involving fire, rescue, hazardous material units, emergency medical service units, emergency management activity and other major conditions that affect public safety.

Emergency Management Deputy Coordinator(s). The emergency management director shall appoint an emergency management deputy coordinator(s) who shall assist the emergency management director and, further, shall assume the functions, powers and duties of the emergency management director in the absence of the emergency management director. Whenever possible, such deputy(s) shall be appointed from among the salaried officers or employees of the township.

Compensation. The salary of the emergency management director and/or deputy coordinator(s) shall be set forth by the township manager.

Reimbursable Items. Costs incurred by the township office of emergency management and/or other mutual aid responding units for the following items in connection with the suppression, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth below:

The cost of replacement of expendable items.

The expense incurred by the township for the wages (regular and/or overtime) paid to its employees/agents, as a result of a hazardous material incident.

Any and all medical cost incurred by responding personnel.

Any and all environmental tests required to ensure a hazard-free environment (soil-water-air).

A fixed hourly rate, for use of any apparatus at incidents, computed at a rate determined for the use of specialized equipment and/or vehicles and an hourly rate for the use of any other equipment and/or vehicles to the township.

All expenses incurred by other mutual aid responding units at the rate above.

Services rendered by any recovery company, towing company or other technical assistance called for by the emergency management director, or designee, to handle such incidents.

Responsible Parties. Reimbursement to the township for any reimbursement items, as set forth above, shall be made by the following parties:

The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

The owner or person responsible for any vessels containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence.

The owner or person responsible for any property from which any leak or spill of hazardous material emanates.

Any person responsible for any fire, leak or spill of hazardous material on public or private property.

Time Limit for Payment. Any responsible party shall reimburse the township for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak or control and clean up such a spill within 30 days after receipt of a bill for such items from the township.

Violations and Penalties.

Any responsible party who fails to reimburse the township for reimbursable items within 30 days after receipt of the bill shall be subject to a fine of not less than $100 nor more than $5,000 or imprisonment for a period of not more than 45 days, or both. Upon failure to reimburse the township of the cost of such items within said forty-five-day period, and in addition to any penalty provided for herein, the township may take such action, as may be provided by law, to recover such costs from the responsible party.

Any person, firm or corporation violating any provision of this subsection, or any rule or regulation promulgated hereunder, upon conviction thereof, shall be punished by a fine of not more than $5,000, and costs of prosecution, or imprisonment for a period of not more than 30 days, or both, in the discretion of the court.

Violation or Regulations; Obstruction. It shall be unlawful for any person to violate any provision of this subsection, or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the emergency management organization, as herein defined, in the enforcement of the provisions of this chapter or any regulation or plan issued hereunder.

§ 2-6.6 Business and Industrial Development Committee.

There is hereby created a committee to be known as the Township of Ocean Business and Industrial Development Committee.

Composition. The committee shall consist of seven members to be appointed by the township council, one of whom may be a councilman.

Term. Each member of the committee shall serve without compensation for a period of one year commencing July 1.

Chairman chosen. The committee shall choose from among its members a chairman and such other officers as it may deem necessary. A majority of the members shall constitute a quorum.

Functions, purposes and duties. The committee shall have the following functions, purposes and duties:

To inquire and to survey and publicize the extent, advantages and utility of the vacant lands of the township whether municipally owned or otherwise.

To classify such vacant lands according to their adaptability for the settlement thereon of various types of commercial and industrial enterprises.

To study and analyze various industries and commercial enterprises to the extent it deems necessary for its purposes with a view to ascertain the opportunities for the industrial and commercial expansion of the township. In this connection, the reports, records, statistics, and similar documents of existing Federal, State, county, municipal and other governmental and public agencies, as well as of responsible private institutions, boards, agencies and similar bodies interested in the compilation of the information relating to industry and commerce shall be resorted to, whenever possible, in order to avoid unnecessary original research and gathering of source material.

To advertise, with the consent of the township council and pursuant to budgetary appropriations, the commercial and industrial advantages and opportunities of the township and the availability of real estate within the municipality for industrial and commercial settlement and to encourage and accomplish such industrial and commercial settlement within the township.

To solicit industries and commercial enterprises to purchase or lease the vacant lands and properties of or in the township.

To recommend to the council the sale or lease of the township's vacant lands to industries and commercial enterprises whose settlement thereon is best calculated in the judgment of the committee to advance the interests of the township and of its citizens and inhabitants.

To make a study of the tax structure with a view to reducing the tax burden of the township.

To present annually to the township manager a proposed budget for operations of the committee.

To present annually a report to the council setting forth, in detail, the operations and accomplishments of the committee for the preceding 12 months.

Appropriations. The industrial committee of the township shall operate only within such budgetary appropriations as may be provided by the council of the township.

Conflict of interest. No member or officer of any committee shall be interested, directly or indirectly, in any contracts, sales or leases in connection with land, buildings or other properties promoted by the commission or in any fees or compensation of any kind paid to any broker, architect, engineer, merchant or other person doing business with the committee or in any other transaction of or with the committee or the benefits or profits thereof.

Oath. Each member of the committee shall, before assuming office, take and subscribe an oath that he will faithfully and impartially discharge the duties of his office.

§ 2-6.7 Local Assistance Board.

There shall be a local assistance board within the meaning of R.S. 44:8-107, et seq. (Chapter 156 of Public Laws of 1947, "General Public Assistance Law"), which shall serve for terms, have, and exercise, all of the powers and duty provided for by said General Public Assistance Law and any other statute heretofore or hereafter enacted and applicable thereto which are not inconsistent with the Charter.

§ 2-6.8 Sewerage Authority.

Pursuant to the provisions of the Sewerage Authorities Law (P.L. 1946, c. 138, as amended) there shall be a sewerage authority in and for the Township of Ocean to be known as "The Township of Ocean Sewerage Authority" which shall have and exercise all of the powers and perform all of the duties provided in the above-cited Sewerage Authorities Law. The members of the authority shall receive such compensation not in excess of $2,000 and the chairman not in excess of $2,250 in any one year as shall hereinafter be determined and designated by the authority.

In addition to the five members existing on the Township of Ocean Sewerage Authority, the positions of two alternate members are designated as Alternate No. 1 and Alternate No. 2, who shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be five years commencing on February 1 of the year of appointment; provided, however, that the initial terms of Alternate No. 1 and No. 2 shall be four and five years respectively. The terms of the first alternate members appointed pursuant to this amendatory act shall commence on the date of their appointment and shall expire on the fourth or fifth January 31 next ensuing after the date of their appointments, as the case may be. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. The alternate members shall receive such compensation not in excess of $2,000 in any one year as shall hereinafter be determined and designated by the authority.

§ 2-6.9 Volunteer Fire Department.

The volunteer fire districts of the Township of Ocean as heretofore established are continued.

§ 2-6.10 Environmental Commission.

The following shall apply:

Creation; Appointment, Term and Vacancy. The Township of Ocean Environmental Commission is hereby created, authorized and established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-40:56A-5). The environmental commission shall consist of seven members appointed by the mayor. One such member shall also be a member of the township planning board and all of the members shall be township residents. The members of the commission shall serve without compensation, except as hereinafter provided. The mayor shall designate one of the members to serve as chairman and presiding officer of the commission. The term of office of the first commissioners shall be for one, two or three years, to be designated by the mayor at the time of the initial appointment, and their successors shall be appointed for a term of three years. The township council may remove any member of the commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. The mayor may appoint not more than two alternate members, which alternate members shall be designated as "alternate #1" and "alternate #2." The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for alternate #1 and one year for alternate #2. A vacancy occurring otherwise than by expiration of term shall be filled by the mayor for the unexpired term only. An alternate member shall not be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate may, after public hearing if he requests one, be removed by the township council for cause. An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, alternate #1 shall vote first.

Powers of Commission. The environmental commission shall have the following powers:

To promote the conservation and development of all the natural resources of the township;

Plan, inform and recommend to the township council and to the public, local conservation programs;

Implement conservation programs as authorized by the township council;

Compile and keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands;

Conduct research into the possible use of the open areas of the township:

Recommend to the planning board plans and programs for inclusion in a municipal master plan and the development of use of such areas:

Advertise, prepare, print and distribute books, maps, charts, plans and pamphlets, which in its judgment it deems necessary for its purposes;

Act as the coordinating agency of the community on conservation matters and as liaison between local conservation needs and regional, State and Federal agencies ministering to those needs.

Acquisition by Commission. An environmental commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the municipality by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee of any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open space and other land and water areas in the municipality.

Records and Annual Reports. The environmental commission shall keep records of its meetings and activities and shall direct copies of said records to the planning board, board of adjustment, recreation committee, township engineer and township manager and township council. It shall make an annual report to the township council.

Appropriations. The township council may appropriate funds for expenses incurred by the environmental commission. Any salaries for appointed clerks and other employees of the environmental commission shall be within the limit of funds appropriated to it.

§ 2-6.11 Multiple Dwelling Emergency Board.

There shall be established a multiple dwelling emergency board pursuant to section 7-3 of this revision.

§ 2-6.12 Office of Public Defender.

Appointment; Duties. Pursuant to N.J.S.A. 2B:12-28, a municipality is authorized to appoint a municipal public defender. The municipal public defender shall provide all necessary and desirable legal counsel and advice required for the defense of cases in municipal court of the Township of Ocean on behalf of those indigent defendants who are entitled by law to appointment of counsel. The classification as to indigency shall be made by the municipal court judge on a case by case basis. The municipal public defender shall be an attorney-at-law licensed to practice in the State of New Jersey, but need not reside in the township.

Term of Public Defender. The term of the municipal public defender shall be for one year from the date of appointment and until such time as a successor shall be appointed and qualified.

Fees. It is hereby determined and declared by this township's council as follows:

The Township of Ocean pays for the services rendered to an indigent defendant by the municipal public defender.

N.J.S.A. 2B:12-28 provides that a municipality may require a person to pay a municipal public defender fee of not more than $200 per case.

The public defender fee shall be set forth as $200 per case made payable to the Township of Ocean.

The municipal court judge may waive any such required application fee in whole or in part, if the court determines in its discretion, that the application fee represents an unreasonable burden on the person seeking such representation.

Absence of Public Defender. Should the appointed public defender be unable to represent an indigent defendant as a result of a conflict or as a result of absence due to illness or vacation, alternate counsel shall be named by the township manager from a list established by the township council. The hourly rate for persons serving as substitute public defender shall be set by resolution of the township council.

§ 2-7 BUDGET.

The municipal budget shall be prepared by the township manager in such form as is required by law for municipal budgets and as provided by the Charter and ordinance.

§ 2-7.1 Budget Preparation.

During the month of November, the manager shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before him at public hearings which shall be held on the various requests during that month.

The manager, with the assistance of the treasurer, shall prepare all estimates of non-property tax revenues anticipated for the support of each annual budget.

Detailed analyses of the various items of expenditure and revenue to be appended to the budget shall include a comparison of the total number of positions of each class and grade to be authorized by the budget with the actual number of each class and grade employed at the beginning and ending of the preceding budget period. So far as is practicable, such analyses shall include appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating and capital expenditures.

There shall also be appended to the budget document a capital section which shall include a budget of capital projects proposed or continued for the current budget year based upon the capital improvement plan recommended by the planning board.

§ 2-7.2 Budget Operation.

The township manager shall supervise the administration of each annual budget. Each department shall plan and administer its expenditure program within the limits of its budget allotments.

§ 2-8 PERSONNEL.

§ 2-8.1 Abolition or Modification of Offices.

The township council may, by ordinance, abolish, increase, decrease or modify the terms and compensation of any office of the township, except where such office has been or is created by the Charter or general law. Except where an office is abolished, no increase, decrease or modification of its term and compensation shall affect any incumbent holding such office for the duration of the term for which he was appointed.

§ 2-8.2 Bonding of Officers and Employees.

Every officer or employee of the township who by virtue of his office or position is entrusted with the receipt, custody or expenditure of public moneys or funds, and any other officer or employee who may be required so to do by the manager shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by the manager binding him to the township in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute such bond with sufficient surety and deliver the same to the township clerk, except that the clerk shall deliver his bond to the chief financial officer before he enters upon the discharge of the duties of his office or employment.

If any officer or employee shall neglect to execute and deliver his bond as herein required within 30 days after due notification of his election or appointment, his office or position may be declared vacant.

In every case in which any person is required by the laws of the State or by any ordinance of the township to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this State and the premium therefor shall be paid by the township. Each such bond shall be approved by the township attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.

§ 2-8.3 Code of Ethics.

Conflicts of Interest. No elected or appointed official, officer or employee of the Township of Ocean shall engage in any business transaction, professional activity, or have a financial or other private interest, either direct or indirect, which is in substantial conflict with the proper discharge of his official duties, unless full disclosure is made as to such interest, in writing, to the manager and township council.

Employment or Investments Affecting Duties. No elected or appointed official, officer or employee of the Township of Ocean shall accept employment, or engage in any business transaction or make any investment which will be detrimental to the township in the exercise of his official duties, or interfere in any manner whatsoever with the discharge of his official duties.

Representation of Private Interests Before Township Agencies, Departments or Magistrate's Court. No elected or appointed official, officer or employee of the Township of Ocean shall represent any private interests to the detriment of the township or for the purpose of unwarranted personal gain, before any township agency or department or the township's Magistrate's Court, or in any litigation in which the township is a party.

Disclosure of Interest in Legislation. In the event that any elected or appointed official, or the township clerk, township treasurer, township attorney or township engineer has a direct or indirect financial or other private interest in any proposed legislation, he shall publicly disclose on the official records of the township the nature and extent of such interest.

Gifts and Favors. No elected or appointed official, officer or employee of the township shall accept any gift or gratuity which will become an obligation, whether in the form of service, loan or promise, or in any other form, from any person, firm or corporation which to his knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the township and over which business dealings he has power to take or influence official action.

Improper Use of Official Position. No elected or appointed official, officer or employee of the township shall improperly use his official position in order to obtain a personal discount or other benefit from any person or persons whatsoever.

Board of Ethics. The township council of the Township of Ocean shall serve as a board of ethics under this subsection and said board shall render advisory opinions with respect to any question arising under this code of ethics. Such opinions shall be rendered upon written request of the officer or employee concerned with the possible violation of the terms and conditions herein set forth. The township council shall render a final decision with respect to said request within 15 days after the submission thereof.

Penalties. Compliance with this code of ethics and with the opinions rendered by the township council sitting as a board of ethics shall be deemed a condition of employment for all township officials and employees. In the event that any officer or employee should violate any of the provisions of this subsection, or should he or she fail to comply with any opinion rendered by the township council sitting as a board of ethics, said action shall be considered to constitute misconduct and may result in the suspension, demotion or dismissal of such officer or employee at the direction of the township council.

Hearing. In the event that any officer or employee of the township shall violate any of the provisions of this subsection, written charges shall be filed with the township council sitting as a board of ethics. Said council shall promptly set the matter down for a formal hearing before it and shall serve upon the accused officer or employee a copy of said charges, designating a date and place for a hearing and giving at least 10 days' notice to the accused to afford him an opportunity to be heard at such hearing.

§ 2-8.4 Public Office Hours.

Administrative offices shall be open between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday (except legal holidays), except that the administrative offices in the department of police shall be open between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday (except legal holidays).

§ 2-9 PERSONNEL POLICIES, PRACTICES AND PROCEDURES.

The Personnel Policies, Practices and Procedures now in force in the township have superseded this section 2-9 under separate cover filed in the office of the township clerk, copies of the policy have been placed on file in the office of the municipal clerk and available for inspection.

The following shall constitute the Township of Ocean Personnel Policies, Practices and Procedures Manual:

TEXT:	MANUAL (Full Text)
	Schedule of Benefits - A, B, C, D, E, F, G, H

§ 2-10 PUBLIC RECORDS.

§ 2-10.1 Inspection of Public Records.

Public records of the township shall be open for inspection by members of the public as provided by law (N.J.S. 47:1A-1). Such inspection shall be made only at reasonable times during business hours and without interference to the conduct of the affairs of the office or other place where such records are kept or maintained. In the event that inspection requires research or review of voluminous data or material which would be time consuming to any municipal employee or employees, an appointment shall be made with the appropriate township employee for this purpose, which shall be at a mutually convenient time.

§ 2-10.2 Fees for Copies.

The following fees shall be charged for copies of public documents:

Letter-size page $0.05 per page.

Legal-size page or greater $0.07 per page.

§ 2-11 DISCLOSURE OF NAMES AND ADDRESSES OF STOCKHOLDERS OR OF INDIVIDUAL PARTNERS MAKING APPLICATION BEFORE THE COUNCIL, OR ANY AGENCY.

If the Township of Ocean can demonstrate that its actual costs for duplication of a government record exceed the foregoing rates, the Township of Ocean shall be permitted to charge the actual cost of duplicating the record. The actual cost of duplicating the record, upon which all copy fees are based, shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided by law.

Where documents in question are more than 100 pages in length, the clerk may permit the person requesting copies to use his own photocopying machine, provided that there is no risk of damage or mutilation of the documents, that the documents are not removed from the municipal offices and that the copying of said documents will not interfere with the transaction of public business. Such determination shall be made completely within the discretion of the township clerk. The fee in such case shall be $25/day.

The fee for copying of architectural plans which exceed 11 inches by 14 inches in size shall be at the following rates:

Sheet Size	0-5 Sheets	5+ Sheets
18" x 24"	$5	$3
24" x 36"	$5	$3.50
30" x 42"	$6	$4
46" x 48"	$7	$5

Requests made for copies of public records in electronic format shall be provided by the township at a cost of $2.50 per disk.

Zoning map: $5.

Street map: $5.

Ordinance book (codification) - $150. (Future codifications to be prorated to include direct cost plus administrative cost.)

Tax map: $5.

Election map: $5.

Statements from township relating to flood hazard determination: $25.

Master Plan: $50. (All amendments to the Master Plan will be charged at the rate of copy fees - see RGO 2-10.2 Fees for Copies.)

Comprehensive Land Use Ordinance: $55. (Future codifications to be prorated to include direct cost plus administrative costs.)

Certification of filing of registration statement by the owner of residential property: $5.

Charge for bank deposit return items: $25.

Written statements from municipal court as to disposition to a municipal court case: $5.

Charge for notary services.

Residents	$2.50
Nonresidents	$2.50

Duplicate tax bills: $5. (Each subsequent duplicate tax bill of the same tax bill in the same fiscal year: $25)

Duplicate tax sale certificate: $100.

Tax Redemption Calculation Fees.

In accordance with N.J.S.A. 54:5-54, the tax collector shall provide to any party entitled to redeem a certificate, two calculations of the amount required for redemption within the 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.

In accordance with N.J.S.A. 54:5-97.1, the tax collector may charge a lienholder of a tax lien $50 for the calculation of the amount due to redeem the tax lien. Any request for 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.

§ 2-11.1 Preamble.

Various corporate and partnership applicants regularly appear before the township council and agencies thereof including the planning board and board of adjustment of the township in connection with various matters seeking relief or action by the council or boards.

On certain occasions, the actual partners of partnerships and stockholders of corporations so appearing before the council and agencies thereof are not known to the members of the council or boards voting upon the matters or the attorneys advising the boards or council.

There exists the possibility of a board member or member of council inadvertently voting upon an application wherein a client, relative or business associate may be involved, creating a potential conflict of interest.

In order to avoid such situations, the township council desires to require that the names and addresses of certain stockholders and partners of applicants appearing before the council and agencies thereof, be made available for inspection.

§ 2-11.2 Statement of Stockholders or Partners Required.

All corporations and/or partnerships applying before the township council or any agency or subdivision thereof such as, but not limited to, the planning board of the township and the board of adjustment of the township must supply to the township clerk, or secretary of such agency at the time of application or request for action by the council or agency thereof or in connection with the purchase or lease of any land owned by the township, a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class, or of all individual partners in the partnership who own 10% or greater interest therein as the case may be.

§ 2-11.3 Information Not to Be Public Record.

All such statements shall be for the information of the council members or board members in determining their eligibility to vote on any particular matter and shall not be considered public record subject to disclosure except as may be required under the Right to Know Law and other applicable statutes of the State of New Jersey.

§ 2-11.4 Failure to Submit Statement.

Failure to submit the statement required under the terms of this ordinance shall be grounds for withholding of relief or of denying the application of any corporation or partnership without prejudice, to reapplication upon the submission of the required statement.

§ 2-11.5 Conjunction With Land Use.

The contents of Chapter 25, Land Use Procedures, shall be read in conjunction with the contents of this section.

§ 2-12 PAYMENT OF TAX LIENS ON FIRE DAMAGED PROPERTIES.

§ 2-12.1 Certification of Assessments Paid Required.

No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay any claims in excess of two thousand five hundred ($2,500.00) dollars on any real property located within the Township of Ocean unless or until the insured person submits an Official Certificate of Search for Municipal Liens pursuant to N.J.S. 54:5-12 certifying that all taxes, assessments or other municipal liens or charges levied and assessed and due and payable against said property have been paid or the Township of Ocean submits a certified copy of a resolution agreeing to installment payments as set forth hereinafter.

§ 2-12.2 Municipal Liens Payable Prior to Payment to Claimant.

In the event that there are taxes or assessments or other municipal liens or charges due and payable appearing on the official certificate of search referred to above, no payment shall be made to a claimant by any insurance company of any claim in excess of two thousand five hundred ($2,500.00) dollars for fire damages on any real property located within the Township of Ocean pursuant to any fire insurance policy issued or renewed after the adoption of this section and after the filing of same with the State Commissioner of Insurance until such time as all of the aforesaid taxes and assessments and municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company or the municipality submits to the insurance company a copy of a resolution authorizing payment in installments as set forth hereinafter.

§ 2-12.3 Insurance Company Required to Pay Township.

Unless a resolution is received by an insurance company writing fire insurance policies in the Township of Ocean authorizing payment in installments, such insurance company is hereby authorized and required prior to the payment of any claims for fire damage in excess of two thousand five hundred ($2,500.00) dollars to pay to the Township of Ocean the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company in accordance with N.J.S. 17:36-10.

§ 2-12.4 Agreement Between Township and Property Owner.

The township council of the Township of Ocean may enter into an agreement with the owner of any fire damaged property within the township to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S. 54:5-19 provided that the township council is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property. Said agreement shall be authorized by resolution and any insurance company receiving a certified copy of such a resolution of agreement from the township council of the Township of Ocean is authorized to make full payment to the insured person.

§ 2-12.5 Copy Sent to State Commissioner of Insurance.

A certified copy of this section shall be forwarded by the township clerk to the State Commissioner of Insurance who shall notify each carrier of insurance within the State of New Jersey of the adoption of this section.

§ 2-13 POLITICAL FUNDRAISING ON OR BY USE OF PUBLIC PROPERTY.

§ 2-13.1 Short Title.

An ordinance banning the use of government buildings and government equipment for political fundraising.

§ 2-13.2 Purpose.

Whereas political contributions have a profound impact on government decision-making; and

Whereas our laws in New Jersey do not presently ban solicitation or acceptance of contributions by public office holders and employees while on public property or by use of public facilities; and

Whereas a conflict may arise between the business of political fundraising and the business of government in town hall and other government-owned premises, and this may cause a distraction from the People's business; and

Whereas the most appropriate method to prevent this conflict and to insure the integrity of government decisions is the prohibition of political fundraising on or by use of public property.

Therefore, it is accordingly found and determined that the paramount public interest in a clean and accountable government requires the prohibition of political fundraising on public property or by use of public facilities.

§ 2-13.3 Definitions.

CANDIDATE

Shall refer to any individual seeking election to a public office of the Federal government, State, county, municipality, school district or political organization at an election.

CONTRIBUTION

Shall include all loans and transfers of money or other thing of value to or by any candidate, elected official or political organization and all pledges or other commitments or assumptions of liability to make any such transfer. Contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.

POLITICAL ORGANIZATION

Shall mean any two or more persons acting jointly, or any corporation, partnership or any other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for Federal, State, county, municipal or school board office. "Political organization" includes, but is not limited to, organizations otherwise defined as "political committee," "joint candidates committee," and "legislative leadership committee."

MUNICIPALITY

Shall mean this municipality and any officer, department, board, commission, or agency thereof.

MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE

Shall include any person holding elective municipal office or holding an appointed position in the municipal government, or in any agency, commission, board, or office thereof, whether the position is full time or part time, compensated or uncompensated; and any employee of municipal government or in any agency, commission, board, or office thereof, whether the position is full time or part time.

SOLICIT

Shall mean to seek by oral or written communication a contribution as same is defined herein.

PROPERTY OF THE MUNICIPALITY

Shall include buildings, land, vehicles, phones, fax machines, computers or other office equipment or supplies and other real or personal property owned, leased or controlled by the municipality, except for public roads and open park land.

§ 2-13.4 General Regulations.

Prohibition Against Soliciting or Accepting Political Contributions on Public Property.

No municipal official, employee or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any contribution for any candidate, elected official or political organization while in or on the property of the municipality or utilizing the property of the municipality.

Prohibited Forms of Fundraising.

Prohibited forms of fundraising shall include but are not limited to:

Soliciting or accepting contributions using municipal telephones, fax machines or computers.

Soliciting or accepting contributions using personal telephones while on the property of the municipality.

Soliciting or accepting contributions through the use of publicly-owned computers or privately-owned personal computers while on the property of the municipality.

Using municipal letterhead to solicit or accept contributions.

Sending correspondence from municipal buildings or by use of municipal services, equipment or postage.

Face-to-face soliciting of an individual or an owner or representative of a business entity while on the property of the municipality.

Use of automobiles owned or leased by the municipality to accept or solicit contributions.

Reporting Requirements: It shall be the responsibility of any employee, appointed, or elected official who observes any prohibited forms of fundraising to report such conduct to the municipal ethics board, if one exists, or in the alternative, to the municipal prosecutor and the municipal clerk who shall report same to the governing body.

Whistleblower Provision It shall be unlawful for any employee, elected official or appointee to be dismissed, reprimanded, retaliated against or otherwise intimidated for complying with the reporting requirements mandated by this section.

Violation. Violation of any provision of this section shall be punished by a period of community service not exceeding 90 days or imprisonment in the county jail for a term not exceeding 90 days or a fine not exceeding one thousand ($1,000) dollars.

§ 2-13.5 Severability and Effectiveness Clause.

If any section of this ordinance is held to be void or invalid, it shall be severed and the other sections of the ordinance remain in force.

All other ordinances or parts of ordinances inconsistent hereof are hereby repealed to the extent of such inconsistencies.

§ 2-14 SPECIAL DUTY POLICE ASSIGNMENTS.

§ 2-14.1 Procedures for Hiring of Police Officers and Vehicles; Authority of Chief of Police.

Special duty assignments shall be considered work performed by sworn police officers where the request for services and the primary benefit derived is for a party that is independent of the municipal government. The work to be performed shall be considered a "special assignment from an independent contractor" and will not be considered a direct assignment. The taking of any and all special duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the chief of police.

Any and all special duty assignments for police personnel shall be determined and approved by the chief of police or his designee. No police officer shall perform special duty assignments for private parties for compensation other than through the procedures set forth in this section. The chief of police shall obtain such information as he determines necessary and is authorized to approve such special duty police work in accordance with this section. If and in the event the chief of police determines that the use of a patrol vehicle is necessary to perform the contracted duty, the chief of police may assign a patrol vehicle for use in performing special duty. The chief of police may deny the assignment or use of police officers or vehicles and/or impose any condition or requirement as in his sole discretion and determination is in the best interest of the township, the police officers and/or public safety. The chief of police shall be guided by the nature of the assignment and should avoid those with conflicts of interest and/or high risk of injury.

§ 2-14.2 Insurance Coverage; Employment Contracts.

Officers engaged in special duty assignments shall be deemed on-duty for the purposes of insurance coverage and the requirement for adherence and conformance of "SOP — 92-01 OC", as may be amended from time to time, and to all police department rules, regulations and procedures. All such agreements for special duty assignments shall be contracted for in writing by the completion of a form available from the police department which contracts shall be kept on record in accordance with all requirements for the maintenance of public records and documents.

§ 2-14.3 Advanced Payment Required.

All private persons or entities requesting the services of police officers will be required to submit payment, based on estimates of the work to be done, in advance of services rendered. The township will "escrow" the moneys in the dedicated "special duty police account", to ensure timely payment to the police officers subject to the required deductions, and an administrative fee to be retained by the municipality. Those private persons or entities, which require continuous service would have to maintain a minimum balance in an amount equal to the average amount paid to the police officers within a specified time, either monthly, or quarterly, and would be billed as necessary to ensure a sufficient balance at all times. If there are insufficient funds, services could be cut off until the fund is replenished. Conversely, the municipality shall return any monies in the fund in excess of the cost of the services to private persons or entities within a reasonable period.

§ 2-14.4 Location of Assignments.

All special duty assignments shall be within the municipality, unless specific written approval is given by the chief of police to the officer to work outside of the municipality. The chief of police may contact adjoining municipal police departments to see if they are willing to perform such special assignments when adequate manpower is not available locally.

§ 2-14.5 Fees; Cancellation of Assignment; Working Conditions.

The charges for special assignment services shall be as follows:

Traffic & Security Details

$60.00 per hour — Officer compensation

$25.00 per hour — Police vehicle

$5.00 per hour — Administrative fee

School Details

$50.00 per hour — Officer compensation

All work performed shall require a four hour minimum with the exception of work performed for a school detail. All work performed for school details shall require a three hour minimum. Officers performing said special duty should have the right to adjust their fees lower for regular and recurring details providing there is concurrence on the part of the PBA Executive Board. With any reduced labor fees, the vehicle and administrative fees shall remain the same. There shall be no administrative fee or police vehicle use fee for school details. The chief of police shall arbitrate any dispute between the contractor and the police officer on assignment as to services required or compensation due. The chief of police's decision shall arbitrate any dispute between the contractor and the police officer on assignment as to services required or compensation due. The police chief's decision shall be final and binding. Any assignment which is cancelled on less than an hour notice shall be charged against the party. The chief of police has the authority to order any police officer to vacate or terminate any special assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or the public in the sole determination and discretion of the chief of police. The contractor shall not be responsible for any compensation for the time that the police officer is away from the special duty assignments and shall have no claim for any costs or damages against the municipality, the chief of police, or the police officer arising from the termination of special duty assignment other than the pro-rated return of any costs prepaid to the township.

The municipality shall be responsible to provide all necessary insurance coverage for the police officers, as required by law. This shall in no way limit the contracting party's responsibility to provide for a safe working environment.

§ 2-15 AWARDING OF PUBLIC PROFESSIONAL CONTRACTS TO CERTAIN POLITICAL ELECTION CAMPAIGN CONTRIBUTORS PROHIBITED.

§ 2-15.1 Prohibition on Awarding Public Contracts to Contributors.

Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional business entity, if that entity has made contributions to a campaign committee of any candidate for township council within one calendar year immediately preceding the date of the contract or agreement.

For purposes of this ordinance a "professional business entity" seeking a public contract means a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a particular field. This shall also mean any person who is employed by or associated with the professional either by firm; corporation; limited liability; professional corporation; partnership; organization or association. This shall further mean the professional's spouse, if any, and any child living at home.

§ 2-15.2 Contributions Made Prior to the Effective Date.

No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for council, shall be deemed a violation of this section, if that contribution was made by the professional business entity prior to the effective date of this section.[1]