[Ord. No. 444 § 1]
The office of Borough Administrator is hereby established pursuant
to N.J.S.A. 40:9-136, et seq.
[Ord. #444 § 2; Ord. #851 § 1]
a.
The Borough Administrator shall be appointed by the Mayor with the
advice and consent of the Borough Council.
b.
In the event that the Mayor shall fail to nominate such Borough Administrator
within 30 days after the office is created or after the office should
become vacant, or in the event the Council shall fail to confirm any
nomination made by the Mayor, then, after the expiration of such 30
days, the Borough Council shall appoint the Borough Administrator
by a majority vote, the Mayor having no vote thereon except in case
of a tie.
c.
The Borough Administrator need not be a resident of the Borough of
Bernardsville.
d.
The term of office of the Borough Administrator shall be at the pleasure
of the Borough Council. He shall be removed only by a two-thirds vote
of the Borough Council. The resolution of removal shall become effective
three months after its adoption by the Borough Council. The Council
may provide, however, that the resolution shall have immediate effect,
provided that the Administrator shall be paid his salary for the three
months following the date of the resolution.
[Ord. No. 444 § 3]
The Borough Administrator shall receive a salary as specified
in the Salary Ordinance, which salary may be modified from time to
time by the Borough Council, together with such other benefits as
may be provided by the Borough Council in Salary Ordinances.
[Ord. No. 444 § 4]
The Borough Administrator shall not engage in any partisan political
activity within the Borough of Bernardsville.
[Ord. No. 444 § 5]
The Borough Administrator shall devote his full time and energy
to the interests of the Borough of Bernardsville and shall not be
employed or engage in any other business activity without the written
consent of the Borough Council.
[Ord. No. 444 § 6]
The Mayor may appoint, with the advice and consent of the Borough
Council, a Deputy Administrator to serve during the absence or disability
of the Borough Administrator.
[Ord. No. 444 § 7;
Ord. #851 § 2]
The Borough Administrator shall, among other things, perform
the following duties:
a.
Provide general supervision for operation and maintenance of roads,
sanitary sewer systems, drainage systems, Borough buildings and grounds,
parks, playgrounds, parking lots, vehicles and sanitary landfill.
b.
Maintain effective communications with other Borough Officials including
the Borough Clerk, Chief Financial Officer, Tax Collector, Tax Assessor,
Chief of Police, Sanitary Inspector, Judge of the Municipal Court;
Fire Inspector, Fire Chief and First-Aid Captain.
c.
Provide coordination, staff, and secretarial services as requested
and needed by the Planning Board, Board of Health, Board of Adjustment,
Recreation Commission, Environmental Commission, Shade Tree Commission,
Fire Prevention Bureau, Ethics Committee, Sewer Assessment Committee,
and other boards or committees as approved by the Mayor and Council.
d.
Supervise the purchasing of all goods and services for all departments,
in accordance with all applicable statutes, sound purchasing practices
and budget limitations; prepare specifications for bidding in consultation
with other Borough Officials involved, and insure compliance with
specifications.
e.
Supervise the engineering services of the municipality, whether performed
by full-time employees or outside consultants.
f.
Supervise the enforcement of development regulations, building, and
property maintenance codes.
g.
Supervise the administration of public welfare and the enforcement
of all animal control ordinances.
h.
Provide liaison with any consultants retained for planning, development
regulations, architectural or other services.
i.
Prepare, in cooperation with other Borough Officials, both Operating
and Capital Budgets for submission to the Borough Council; maintain
a continuing review and analysis of budget operations, and report
periodically to the Borough Council as required.
j.
Approve all bills and vouchers before submitting same to the Treasurer
and to the Borough Council for payment, except that the Administrator
shall not be required to sign vouchers in the amount of $200 or less.
k.
Analyze the cash needs of the Borough and recommend prudent investment
of such funds as temporarily may be in excess of the amount needed
to meet Borough obligations. Such duties to be exercised in consultation
with the Treasurer.
l.
Implement and enforce the policy of the Mayor and Council with respect
to the dissemination of Public Information.
m.
For all the areas of responsibility assigned by this section or by
the Mayor and Council:
1.
Study and recommend to the Mayor and Council any changes or improvements
which he feels should be effected.
2.
Provide personnel administration.
3.
Prepare recommendations for applicable items in the Capital and Operating
Budgets.
4.
Study, recommend to the Mayor and Council, and provide liaison for
any County, State, and Federal services or grants for which the Borough
may be eligible.
5.
Provide liaison with the Borough Attorney or other legal counsel
engaged by the Borough.
n.
Carry out other administrative and managerial functions as may be
assigned by the Mayor and Council.
[Ord. #444 § 8]
The Borough Administrator shall see that all branches of the
Borough government are at all times responsive to the needs and desires
of the citizens and taxpayers of the Borough of Bernardsville.
[Ord. No. 284 §§ 1-3]
a.
The Office of Deputy Borough Clerk is hereby created and established.
b.
The Deputy Borough Clerk shall be appointed by the Mayor and Council
for the term of one year expiring on December 31st of the year for
which appointed and shall receive such compensation as the Mayor and
Council fix by ordinance.
c.
The Deputy Borough Clerk shall assist and be under the direction
of the Borough Clerk and shall perform such other duties as may be
assigned by the Mayor and Council, and, in the absence of the Borough
Clerk, shall perform the duties of the Borough Clerk.
[Amended in entirety 6-27-2022 by Ord. No. 2022-1922. Prior history includes Ord. No. 807.]
[Added 6-27-2022 by Ord.
No. 2022-1922]
There is hereby established a Department of Finance consisting
of three divisions: Treasury and Collections, Purchasing and Benefits,
and Tax Assessment, the head of which shall be the Chief Financial
Officer The head of each division shall report to the Chief Financial
Officer. In the absence of a full-time division head, such support
staff of that division shall be managed by the Chief Financial Officer
and the division head, concurrently.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The position of Chief Financial Officer is hereby established
and the Mayor shall appoint, with the advice and consent of the Council,
a Chief Financial Officer who shall be a certified Municipal Finance
Officer qualified pursuant to N.J.S.A. 40A:9-140.1, et seq., as supplemented
and amended by P.L. 1988, Chapter 110.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Chief Financial Officer shall be responsible for implementation
of a system of financial administration in accordance with standards
established by the Local Finance Board of the Division of Local Finance
in the State Department of Community Affairs. Said duties shall include:
a.
Establishing procedures for the receipt, custody, control and disbursement
of public funds.
b.
Creating forms for receipts, requisitions, disbursement, purchase
orders and other necessary documents.
c.
Overseeing all accounting and financial records, systems and reporting.
d.
Defining the respective powers and duties of the several local officers
engaged in financial administration.
e.
Implementing Instructions, rules and regulations for the proper procedures
and practices of financial administration.
f.
Generally providing for sound practices of fiscal administration
pursuant to N.J.S.A. 52:27BB-26, et seq., and rules and regulations
promulgated pursuant thereto.
g.
Developing, organizing, implementing and directing the activities,
policies and procedures of the Department of Finance and any other
financial functions which the Borough Administrator may deem appropriate.
h.
Developing budget processes and flows; reviewing proposed departmental
operating and capital budgets, assisting administration in preparing
budget recommendations; and coordinating approval process with the
State.
i.
Attending and participating in Borough Council meetings as necessary
relative to financial and budgetary matters.
j.
Assessing investment options and policies and overseeing receipt
and investment of all revenues.
k.
Coordinating efforts of administration, department heads, attorney
and bond counsel in the development and management of a capital plan
and financing alternatives; developing and implementing debt plans;
and coordinating communications and reporting to rating agencies.
l.
Establishing goals and objectives for self and department; coordinating
goal setting of finance divisions; communicate and implementing goals
of administration pertaining to financial operations.
m.
Assessing workflows and coordinating staff efforts in identifying
areas of improvements, efficiency measures and cost reductions.
n.
Evaluating employee performance; conducting regular appraisal and
feedback sessions and recommending areas of improvement.
o.
Overseeing and controlling all expenditures to ensure that budget
appropriations are not exceeded.
p.
Ensuring payment of all statutory liabilities (i.e., school, county
taxes; debt service payments, etc.).
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Chief Financial Officer shall be appointed for a term of
four years beginning January 1 of the year of appointment.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Chief Financial Officer shall attain tenure in office upon
fulfilling the requirements of N.J.S.A. 4A:9-140.8, as supplemented
and amended, and upon filing with the Clerk of the Borough and with
the Division of Local Government Services in the Department of Community
Affairs a notification evidencing his compliance with said statute.
[Added 6-27-2022 by Ord.
No. 2022-1922]
A Chief Financial Officer attaining tenure shall not be removed
from said office except for just cause, and then only after a public
hearing upon a written complaint in accordance with the provisions
of N.J.S.A. 40A:9-140.8 and N.J.S.A. 40A:9-140.9, as supplemented
and amended.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Chief Financial Officer shall receive such salary and other
compensation as provided in the annual, duly adopted, Salary Ordinance
of the Borough.
[Amended in entirety 6-27-2022 by Ord. No. 2022-1922. Prior history includes Ord. No. 284.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Office of Borough of Bernardsville Tax Collector is hereby
created.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Borough Tax Collector shall hold office for a term of four
years from the first day of January next following the appointment.
Vacancies other than due to expiration of term shall be filled by
appointment of the governing body for the unexpired term.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Borough Tax Collector may obtain tenure as provided by law.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Borough Tax Collector shall meet those qualifications required
by State law.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Borough Tax Collector shall perform all duties imposed by
law, administrative code or regulation and directive of the Borough
and shall file such reports as the governing body shall require, including
but not limited to the following:
a.
Collect and deposit money assessed or raised by taxes.
b.
Collect all charges, payments and impose penalties for delinquent
payment of taxes.
c.
Keep such records as are required by law.
d.
Enforce all municipal liens and other liens on real property as may
be authorized by law and charge fees authorized by law.
e.
Conduct tax sales proceedings and foreclosures.
f.
Certify searches for taxes and other liens on real property as may
be authorized by law and charge fees authorized by law.
g.
Perform all other duties required by law.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Borough Tax Collector shall such salary or compensation
as shall be fixed and determined by the governing body.
[Added 6-27-2022 by Ord.
No. 2022-1922]
a.
Office Established. The office of Deputy Tax Collector is hereby
created and established.
b.
Appointment. The Deputy Tax Collector shall be appointed by the Mayor
and Council for the term of one year expiring on December 31st of
the year for which appointed and shall receive such compensation as
the Mayor and Council fix by ordinance.
c.
Supervision and Duties. The Deputy Tax Collector shall assist and
be under the direction of the Borough Tax Collector and shall perform
such other duties as may be assigned by the Mayor and Council, and,
in the absence of the Borough Tax Collector, shall perform the duties
of the Borough Tax Collector.
[Ord. No. 2012-1603; amended 6-27-2022 by Ord. No. 2022-1922]
There is hereby created the position of Purchasing Agent for
the Borough of Bernardsville.
[Ord. No. 2012-1603; amended 6-27-2022 by Ord. No. 2022-1922]
The Purchasing Agent shall be appointed by the Borough Council.
[Ord. No. 2012-1603; amended 6-27-2022 by Ord. No. 2022-1922]
The Purchasing Agent is required to possess a valid Qualified
Purchasing Agent certificate as issued by the New Jersey Division
of Local Government Services, Department of Community Affairs.
[Ord. No. 2012-1603; amended 6-27-2022 by Ord. No. 2022-1922]
The Purchasing Agent shall have, on behalf of the Mayor and
Council, the authority, responsibility and accountability for the
purchasing activity pursuant to Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.); to prepare public advertising for and to receive
bids and requests for proposals for the provision or performance of
goods, services and construction contracts; to recommend to the governing
body the awarding of contracts pursuant to New Jersey law in accordance
with the regulations, forms and procedures promulgated by State regulatory
agencies and to award specific contracts when that authority is delegated
to the Purchasing Agent by the governing body.
[Added 6-27-2022 by Ord.
No. 2022-1922]
There shall be a Municipal Tax Assessor, appointed by the Borough
Council with consideration to the recommendation by the Chief Financial
Officer, in accordance with the provisions of N.J.S.A. 40A:9-146 et
seq. and 54:1-35.31. The Assessor will be responsible for managing
the Assessment Division of the Finance Department.
[Added 6-27-2022 by Ord.
No. 2022-1922]
The Tax Assessor shall report to the Chief Financial Officer
and shall:
a.
Plan, organize, direct and participate in the work of all staff in
the annual assessment of real property in the Borough.
b.
Plan and develop procedures for commercial and industrial appraisals.
c.
Make final reviews and approve major technical decisions of subordinates.
d.
Review complaints concerning assessments and plan and organize hearings
on reassessments; and meet with taxpayers.
e.
Supervise the preparation, installation and maintenance of property
tax records and maps.
f.
Prepare professional appraisals and testimony relative to value on
tax appeals filed at the County Tax Board and New Jersey Tax Court
unless retention of a real estate appraisal expert is authorized for
any particular tax appeal by the Borough Council.
g.
Prepare division budget and monitor expenditures.
h.
Evaluate employee performance; and establish goals and objectives
for self and supporting staff.
i.
Conduct residential studies and analysis for annual reassessment
of all properties.
j.
Maintain data base from C91s annually submitted with rental histories
for use in annual reassessment commercial and industrial properties.
k.
Develop annually CAP rates for different commercial property types
as well as appropriate rents for calculation of new values.
l.
Prepare reports and documentation regarding program, statistical
studies, forecasting, etc.
m.
Review residential values established by Field Inspector/Technical
Support/finalization of values on residential properties jointly.
n.
Review of Field Inspector/Technical support persons; appraisal.
o.
Provide assessment and property related information to other borough
departments that may be required for the effective exercise of their
respective responsibilities.
[Ord. No. 331 § 1; Ord. No. 97-1095 § 1]
There is hereby established the office of Municipal Prosecutor
in the Borough of Bernardsville pursuant to the authority of N.J.S.A.
2B:12-27.
[Ord. No. 331 § 2]
The Municipal Prosecutor shall appear in the Municipal Court
of the Borough of Bernardsville on behalf of the State of New Jersey
or Borough of Bernardsville or any agencies or officers thereof. The
Municipal Prosecutor shall perform such duties as are prescribed by
law including, but not limited to, the prosecution of complaints for
violation of:
a.
Municipal Ordinances of the Borough of Bernardsville;
b.
The provisions of N.J.S.A. 39:1-1, et seq. (Motor Vehicle Act);
c.
All other criminal or quasi-criminal statutes of the State of New
Jersey within the jurisdiction of the Municipal Court;
d.
All other criminal or quasi-criminal proceedings as may be requested
or directed by the Mayor and Council.
[Ord. No. 331 § 3]
The Municipal Prosecutor shall be appointed for a period of
one year and until his successor shall have qualified.
[Ord. No. 331 § 4]
The Municipal Prosecutor shall be paid such compensation as
the Mayor and Council provide in the Salary Ordinance.
[Ord. No. 97-1111 § 2]
Pursuant to the provisions of N.J.S.A. 2B:12-27 the Borough
Attorney shall serve as an Assistant Municipal Prosecutor under the
supervision of the Attorney General or County Prosecutor to represent
the Borough of Bernardsville in any matter involving the Borough's
land use ordinances within the jurisdiction of the Bernardsville Municipal
Court when directed to do so by the Borough Council or the Borough
Administrator.
[Ord. No. 97-1111 § 1]
There is hereby established the office of Municipal Public Defender
in the Borough of Bernardsville pursuant to N.J.S.A. 2B:24-1, et seq.
[Ord. No. 97-1111 § 1]
As used in this section:
Shall mean a person who is entitled to be represented by
the Borough Public Defender pursuant to this section and does not
have the present financial ability to secure competent legal representation,
as determined by N.J.S.A. 2B:24-9.
Shall mean the Bernardsville Municipal Court established
pursuant to N.J.S.A. 2B:12-1.
Shall mean the person appointed to represent indigent defendants
in proceedings over which the Municipal Court has jurisdiction.
[Ord. No. 97-1111 § 1]
The Borough Public Defender shall be an attorney-at-law of this
State in good standing, and shall serve for a term of one year from
the date of his appointment (except that the initial term of the first
Public Defender shall run through December 31 of the year of his appointment),
and may continue to serve in office pending reappointment or appointment
of a successor. The Borough Public Defender may also serve in that
position in other municipal courts. The Borough Public Defender need
not reside in the Borough.
[Ord. No. 97-1111 § 1]
Appointments to fill vacancies in the position of Borough Public
Defender shall be made in accordance with the provisions of this section
as soon as practicable.
[Ord. No. 97-1111 § 1]
In addition to any other means provided by law for the removal
from office of a public official, the Borough Public Defender may
be removed by the Borough Council for good cause shown and after a
public hearing, and upon due notice and an opportunity to be heard.
Failure to reappoint a Borough Public Defender for a second or subsequent
term does not constitute a "removal from office" within the meaning
of this subsection.
[Ord. No. 97-1111 § 1]
The Borough Public Defender may represent private clients in
the Bernardsville Municipal Court, subject to the Rules of Court Governing
the Conduct of Lawyers, Judges and Court Personnel.
[Ord. No. 97-1111 § 1; Ord. No. 98-1137 § 1]
The Borough Public Defender shall receive compensation, either
on an hourly, per diem, annual or other basis as the Borough Council
may provide. The agreement with the Public Defender shall also set
forth any additional compensation to be paid for interlocutory appeals
to the Superior Court.
[Ord. No. 97-1111 § 1]
a.
It shall be the duty of the Borough Public Defender to represent,
except in the case of temporary unavailability or conflict of interest,
any defendant charged with an offense in Municipal Court who is an
indigent defendant entitled to representation pursuant to this section.
All necessary services and facilities of representation, including
both expert and lay investigation and testimony as well as other preparations
shall be provided in every case. Commencing September 23, 1998, the
Borough shall be responsible for payment for expert and lay investigation
or testimony. The factors of need and real value to a defendant may
be weighed against the financial constraint of the Borough in determining
the necessary services and facilities of representation. The final
determination as to necessity for services required pursuant to this
section shall be made by the Court.
b.
The Borough Public Defender shall be responsible for handling all
phases of the defense, including but not limited to discovery, pretrial
and post-trial hearings, motions, removals to Federal District Court
and other collateral functions reasonably related to the defense.
As used in this subsection, "post-trial hearing" shall not include
de novo appeals in Superior Court.
[Ord. #97-1111 § 1]
The Borough Public Defender shall represent an indigent defendant
charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18
or, if in the opinion of the Municipal Court there is a likelihood
that the defendant, if convicted, of any other offense will be subject
to imprisonment or other consequence of magnitude, the Borough Public
Defender shall represent an indigent defendant.
[Ord. No. 97-1111 § 1]
If there is a vacancy in the office of Borough Public Defender,
if the Borough Public Defender is temporarily unavailable or if a
finding of conflict of interest precludes the Borough Public Defender
from representing an indigent defendant, the Borough Prosecutor may
prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. Unless rates are otherwise
established by the Borough Council, the attorney shall be entitled
to compensation at the same rate as attorneys hired by the Office
of the Public Defender in conflict cases, with payment to be made
within 30 days. Once appointed, the attorney shall carry out all duties
of the Borough Public Defender in connection with the case that is
the subject of the appointment.
[Ord. No. 97-1111 § 1]
All communications between the indigent defendant and the Borough
Public Defender or any other attorney appointed to act as a Borough
Public Defender shall be fully protected by the attorney-client privilege
to the same extent and degree as though counsel has been privately
engaged. This shall not preclude the use by the Borough Public Defender
of privileged material for the preparation and disclosure of statistical,
case study and other sociological data, provided that in any such
use there shall be no disclosure of the identity of or means for discovery
of the identity of particular defendants.
[Ord. No. 97-1111 § 1]
a.
Eligibility for services of the Borough Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection d of this subsection. Need shall be measured according to N.J.S.A. 2A:158A-14 and guidelines promulgated by the New Jersey Supreme Court.
b.
In the event that a determination of eligibility cannot be made before
the time when the first services are to be rendered, or if an initial
determination is found to be erroneous, the Municipal Court shall
refer the defendant to the Borough Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his own counsel and to reimburse the Borough
for the cost of the services rendered to that time.
c.
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation pursuant to this act
and shall have the authority to require a defendant to execute and
deliver written requests or authorizations required under applicable
law to provide the Court with access to records of public or private
sources, otherwise confidential, as may be of aid in evaluating eligibility.
The Court is authorized to obtain information from any public record
office of the State or of any subdivision or agency thereof on request
and without payment of the fees ordinarily required by law.
d.
Whenever a person entitled to be represented by a Borough Public Defender pursuant to this act, is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians. The Borough shall be entitled to recover the cost of legal services from the parents or legal guardians as provided in Subsection 2-15.13 of this section and the Municipal Court shall have authority to require parents or legal guardians to execute and deliver the written requests or authorization required under applicable law in order to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility.
[Ord. No. 97-1111 § 1]
a.
If the defendant has or reasonably expects to have means to meet
some part, though not all, of the cost of the services rendered, the
defendant shall be required to reimburse the Borough, either by a
single payment or in installments in such amounts as he can reasonably
be expected to pay; but no default or failure in making payment shall
affect or reduce the rendering of services.
b.
The Borough shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to this section
as calculated at the same rate as the Office of the Public Defender
bills clients at that time. To effectuate such a lien for the Borough,
the Borough Attorney shall file a notice of lien in accordance with
N.J.S.A. 2A:24-13.
The Borough Attorney is authorized to compromise and settle
any claim for services performed pursuant to this section whenever
the financial circumstances of the person receiving the services are
such that, in the judgment of the Borough Attorney, the best interest
of the Borough will be served by compromise and settlement.
The Borough Attorney in the name of the Borough may do all things
necessary to collect any money due to the Borough by way of reimbursement
for services rendered by the Borough Public Defender pursuant to this
section. The Borough Attorney may enter into arrangements with any
State or County agency to handle collections on a cost basis. The
Borough Attorney shall have all the remedies and proceedings available
for collection which are available for or upon the recovery of a judgment
in a civil action and shall also be permitted to collect counsel fees
and costs from the defendant for such collection action so that the
same are not borne by the Borough.
[Ord. No. 97-1111 § 1]
a.
A person applying for representation by the Borough Public Defender
or Court approved counsel shall pay an application fee of $200, but
only in an amount necessary to pay the costs of Borough Public Defender
services. In accordance with guidelines promulgated by the Supreme
Court, the Municipal Court may waive any required application fee,
in whole or in part, only if the Court determines, in its discretion,
upon a clear and convincing showing by the applicant that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
b.
Funds collected pursuant to Subsection a of this subsection shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Borough. Such funds shall be used exclusively to meet the costs incurred in providing the services of a Borough Public Defender including, when required, expert and lay investigation and testimony.
c.
Beginning in 1999, if it is determined by the Division of Local Government
Services during its annual review of a Borough budget that the amount
of money in a dedicated fund established pursuant to this section
exceeds by more than 25% the amount which the Borough expended during
the prior year providing the services of a Borough Public Defender,
the amount in excess of the amount expended shall be forwarded to
the Criminal Disposition and Review Collection Fund administered by
Victims of Crime Compensation Board.
[Ord. No. 97-1111 § 1]
This section shall take effect on March 23, 1998, except that Subsection 2-15.14 shall take effect on December 22, 1997.
[Ord. No. 2006-1419 § 1]
a.
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 professional, banking, insurance coverage services or any other consulting services, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any Borough candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Borough or Somerset County party committee, or to any political action committee that regularly engages in the support of the municipal elections and/or municipal parties (PAC) in excess of the thresholds specified in Subsection d of this subsection within one calendar year immediately preceding the date of the contract or agreement.
b.
No professional business entity which enters into negotiations for,
or agree to, any contract or agreement with the municipality or any
department or agency thereof or of its independent authorities for
the rendition of professional, banking or insurance coverage services
or any other consulting services shall solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Borough municipal candidate or holder of the public office
having ultimate responsibility for the award of the contract, or campaign
committee supporting such candidate or office holder, or to any Borough
or Somerset County party committee, or to any PAC that regularly engages
in the support of municipal elections and/or municipal parties between
the time of first communications between that business entity and
the Borough regarding a specific professional services agreement and
the later of the termination of negotiations or the completion of
the contract or agreement.
c.
For purposes of this section, a "professional business entity" is
any individual or organization, including nonprofit organizations,
to whom any compensation might be paid or other things of value provided
by the municipality under any contract or agreement and includes an
individual, including the individual's spouse, if any, and any child
living at home; person; firm; corporation; professional corporation;
partnership; organization; or association. The definition of a business
entity includes all principals who own 10% or more of the equity in
the corporation or business trust, partners, and officers in the aggregate
employed by the entity as well as any subsidiaries directly controlled
by the business entity.
d.
Any individual meeting the definition of "professional business entity" under this section may make contributions which are not reportable under the New Jersey election laws and the Election Law Enforcement Commission ("ELEC") regulations to any candidate for Mayor or Council, or any Borough or Somerset County party committee, or to a PAC referenced in this section, without violating Subsection a of this subsection. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Borough candidates and office holders with ultimate responsibility for the award of the contract, and all Borough or Somerset County political parties and PACs referenced in this ordinance combined, without violating Subsection a of this subsection.
e.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be the
Borough Council.
[Ord. No. 2006-1419 § 1]
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 Mayor or Council, or municipal or County party
committee or PAC referenced in this section shall be deemed a violation
of this section, nor shall an agreement for property, goods, or services,
of any kind whatsoever, be disqualified thereby, if that contribution
was made by the professional business entity prior to the effective
date of this section.[1]
[Ord. No. 2006-1419 § 1]
a.
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Borough or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of Subsection 2-16.1 of this section;
b.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. No. 2006-1419 § 1]
A professional business entity or Borough candidate or officeholder or municipal or County party committee or PAC referenced in this section may cure a violation of Subsection 2-16.1 of this section, if, within 30 days after the general election, the professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the Borough candidate or municipal or County political party or PAC referenced in this section.
[Ord. No. 2006-1419 § 1]
a.
It shall be a breach of the terms of the Borough professional service
agreement for a business entity to: (i) make or solicit a contribution
in violation of this section; (ii) knowingly conceal or misrepresent
a contribution given or received; (iii) make or solicit contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution; (iv) make or solicit any contribution
on the condition or with the agreement that it will be contributed
to a campaign committee of any candidate or holder of the public office
of Borough; (v) engage or employ a lobbyist or consultant with the
intent or understanding that such lobbyist or consultant would make
or solicit any contribution, which if made or solicited by the business
entity itself, would subject that entity to the restrictions of this
section; (vi) fund contributions made by third parties, including
consultants, attorneys, family members, and employees; (vii) engage
in any exchange of contributions to circumvent the intent of this
section; or (viii) directly or indirectly, through or by any other
person or means, do any act which would subject that entity to the
restrictions of this section.
[Ord. No. 2006-1419 § 1]
If any provision of this law, or the application of any such
provision to any person or circumstances, shall be held invalid, the
remainder of this law to the extent it can be given effect, or the
application of such provision to persons or circumstances other than
those to which it is held invalid, shall not be affected thereby,
and to this extent the provisions of this law are severable.
[Ord. No. 2006-1418 § 1]
No Borough officer, appointed or elected official, or employee,
member of his or her immediate family, or business organization in
which he or she has an interest, shall solicit or accept any gift,
favor, loan, political contribution, service, promise of future employment,
or other thing of value in all cases of greater than $25 (in the aggregate
in any one calendar year) from anyone providing or likely to provide
services or contracting to provide services to the Borough of Bernardsville.
This provision shall not apply to the solicitation or acceptance of
contributions to the campaign of any announced candidate for elected
public office if the Borough officer has no knowledge or reason to
believe that the campaign contribution, if accepted, was given with
the intent to influence the local government officer in the discharge
of his or her official duties.
[Ordinance No. 2011-1583, codified herein, was adopted as § 1-7 and renumbered for codification
purposes.]
[Ord. No. 2011-1583]
There is hereby created the position of "Code Enforcement Officer."
The Code Enforcement Officer shall be appointed by resolution of the
governing body for an indeterminate, at will term, at a salary set
by resolution of the governing body within the range authorized by
the salary ordinance. The Code Enforcement Officer shall serve at
the pleasure of the Mayor and Council.
[Ord. #2011-1583]
The governing body may appoint such Deputy Code Enforcement
Officers as it deems necessary. Deputy Code Enforcement Officers shall
serve at the pleasure of the Mayor and Council and shall report to
the Borough Administrator or his designee.
[Ord. No. 2011-1583]
Pursuant to the provisions of Rule 7:2-2(a)(3) of the Rules
Governing the Courts of the State of New Jersey, the Code Enforcement
Officer and any Deputy Code Enforcement Officer(s) appointed pursuant
to this section shall be authorized to issue a summons or a complaint
in the Municipal Court without a finding by a judicial officer of
probable cause for issuance.
[Ord. No. 2011-1583]
a.
The Code Enforcement Officer shall be the Zoning Enforcement Officer
and shall enforce the Borough Land Development Code as well as the
following sections of the Borough Code:
b.
The Code Enforcement Officer shall also enforce other sections of
the Borough Code as directed by the Borough Administrator.
[Ord. No. 2015-1707]
Prior to the initial appointment of any person as Borough Administrator,
Clerk, Chief Financial Officer, Tax Collector, Tax Assessor or to
any other position which entails the handing of Borough funds or entering
residents' homes during the course of their duties, the Chief of Police
shall request criminal history record information from the New Jersey
State Police, State Bureau of Identification, in accordance with applicable
law including N.J.S.A. 53:1-20.6 and applicable regulations including
N.J.A.C. 13:59-1.1, et seq. and the Opportunity to Compete Act (N.J.S.A.
34:6B-11, et seq.) and applicable regulations. No criminal history
record shall be requested without the written consent of the prospective
officer or employee. Such consent must be included with the application
for employment. Upon receipt of the criminal history record information,
the Chief of Police shall notify the prospective officer or employee
in writing of the prospective officer's or employee's qualification
or disqualification. An individual shall be disqualified from employment
with the Borough if the individual's criminal history record reveals
a record of conviction of any of the following crimes and offenses:
a.
A crime or offense bearing upon or involving a sexual offense or
child molestation or endangering the welfare of children or incompetents.
b.
A crime or offense within the last 20 years involving the manufacture,
transportation, sale, possession or habitual use of a "controlled
dangerous substance" as defined in the New Jersey Controlled Dangerous
Substance Act, N.J.S.A. 2C:35-1, et seq.
c.
A crime or offense involving the use of force or the threat of force
to or upon a person or property including: armed robbery, assault,
kidnapping, arson, manslaughter and murder.
d.
A crime or offense involving theft and related offenses or forgery and fraudulent practices under Chapters 26 or 27 of the Title 2C of the New Jersey Statutes.
The Mayor and Council shall be notified of a disqualification
but shall not receive a copy of the criminal history record.
The prospective employee shall have 30 days from the date of
the written notice of disqualification to petition the Chief of Police
for a hearing on the accuracy of the criminal history record information.
e.
Any crime or offense which involves the possession or use of firearms,
which is classified as a misdemeanor or high misdemeanor pursuant
to Title 2C of the New Jersey Statutes.
[Added 2-13-2023 by Ord. No. 2023-1949]
[Ord. No. 2015-1707]
a.
The Borough shall not require an applicant for employment to complete
any employment application that makes any inquiries regarding an applicant's
criminal record during the initial employment application process.
b.
No employee or official of the Borough shall make any oral or written
inquiry regarding an applicant's criminal record during the initial
employment application process.
c.
Nothing set forth in this section shall be construed to prohibit
the Borough from requiring an applicant for employment to complete
an employment application that makes any inquiries regarding an applicant's
criminal record after the initial employment application process has
concluded or from making any oral or written inquiries regarding an
applicant's criminal record after the initial employment application
process has concluded. The provisions of this section shall not preclude
the Borough from refusing to hire an applicant for employment based
upon the applicant's criminal record, unless the criminal record or
relevant portion thereof has been expunged or erased through executive
pardon, provided that such refusal is consistent with other applicable
laws, rules and regulations.
d.
Unless otherwise permitted or required by law, the Borough shall
not knowingly or purposefully publish, or cause to be published, any
advertisement that solicits applicants for employment where that advertisement
explicitly provides that the Borough will not consider any applicant
who has been arrested or convicted of one or more crimes or offenses.
The provisions of this section shall not apply to any advertisement
that solicits applicants for a position in law enforcement, the judiciary
or emergency management, or any other employment position where a
criminal history record background check is required by law, rule
or regulation, or where an arrest or conviction by the person for
one or more crime or offenses would or may preclude the person from
holding such employment as required by any law, rule or regulation.
[Ord. No. 2015-1707]
The provisions of Subsection 2-19.2 shall not prohibit the Borough from requiring an applicant for employment to complete an employment application that makes any inquiries regarding an applicant's criminal record during the initial employment application process or from making any oral or written inquiries regarding an applicant's criminal record during the initial employment application process if:
a.
The employment sought or being considered is for a position in law
enforcement, the judiciary, or emergency management;
b.
The employment sought or being considered is for a position where
a criminal history record background check is required by law, rule
or regulation, or where an arrest or conviction by the person for
one or more crimes or offenses would or may preclude the person from
holding such employment as required by law, rule or regulation.
[Ord. No. 2015-1707]
Every outside contractor shall obtain from the New Jersey State
Police, in accordance with N.J.A.C. 13:59-1.2, the criminal history
record information including a fingerprint check for all employees
or agents who will be entering residents' homes during the course
of their duties in the performance of the contract. No employee or
agent of an outside contractor shall enter any resident's home if
the criminal history record of that person reveals a record of conviction
of any crime of the fourth degree or higher, as defined in N.J.S.A.
2C:1-4, or conviction of any crime involving possession or use of
a controlled dangerous substance or any act of violence against another
person. Each contractor must also submit an affidavit certifying that
the contractor has fully complied with the requirements of this subsection,
which includes the name, address and the last four digits of the social
security number of every employee or agent covered by this subsection.
Each contractor shall notify the Bernardsville Police Department of
any change in employee status, or the hiring of any new employee,
and shall provide the Bernardsville Police Department with the documents
described above prior to the employee's entering any resident's home
during the course of his or her duties in connection with a contract
with the Borough.
