[Ord. #667, S 1.1]
As used in this article:
Shall mean the Business Administrator appointed pursuant
to the Charter.
Shall mean the Borough of North Plainfield in the County
of Somerset, State of New Jersey, as governed by the provisions of
the Charter.
Shall mean Mayor-Council Plan E of Chapter 210, P.L. 1950,
as amended and supplemented, and any and all general laws as therein
defined which are or may be applicable to the Borough of North Plainfield.
Shall mean the municipal clerk duly appointed pursuant to
the Charter.
Shall mean the members of the Borough Council constituted
pursuant to the Charter.
Shall mean an organization unit or group of organization
units of the Borough government designated as a Department of this
article.
Shall mean the individual placed in charge of a Department's
activities pursuant to the Charter.
Shall mean any corporation, firm, partnership, association,
organization or other entity, as well as individual.
Shall mean the individual serving as chief executive officer
of the Borough pursuant to the Charter.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean a calendar year unless otherwise specifically
provided.
[Ord. #667, S 1.2]
This article shall be known and may be referred to as the "Administrative
Code (1977)".
[Ord. #667, S 1.3]
For the purposes of the Administrative Code and any other ordinances
heretofore or hereafter adopted, except as the context may otherwise
require:
a.
The present tense includes the past and future tenses and the future,
the present.
b.
The masculine gender includes the feminine and neuter.
c.
The singular number includes the plural, and the plural the singular.
d.
The time within which an act is to be done shall be computed by excluding
the first and including the last day, and if the last day be a Sunday
or a legal holiday, that day shall be excluded.
e.
"Writing" and "written" include printing, typewriting, stencil duplicating
and any other visual mode of reproducing words or figures on paper-like
material which is in general use.
f.
This Administrative Code shall be read in pari materia with the Charter,
and all powers, functions, duties, responsibilities, authority and
privileges delegated or assigned to any officer, body, board, committee
or commission by the Charter shall be deemed to have been incorporated
herein.
g.
This Administrative Code shall be read in pari materia with existing
ordinances of the Borough.
[Ord. #667, S 1.4]
If any article, section or part of this code shall be declared
to be unconstitutional, invalid or inoperative, in whole or in part,
by a court of competent jurisdiction, such article, section or parts
shall to the extent that it is not unconstitutional, invalid or inoperative,
remain in full force and effect and no such determination shall be
deemed to invalidate the remaining articles, sections or parts of
this code.
[Ord. #667, S 1.5]
All ordinances and resolutions heretofore adopted by the Borough
are in force and effect to the extent that they are not inconsistent
with the Charter of this article.
[Ord. #667, S 1.6]
a.
All ordinances and parts of ordinances heretofore enacted which are
inconsistent with any provision of this Administrative Code are, to
the extent of such inconsistency, hereby repealed.
b.
The repeal of any ordinance or part thereof by this Administrative
Code or by any other ordinance shall not revive any former ordinance
or part thereof, which may have been repealed by such repealed ordinance
or part thereof.
[Ord. #667, S 1.7]
In addition to such other sanctions as may be provided by law,
a violation of any ordinance for which no penal sanction is otherwise
provided shall be punishable up to the maximum limits provided by
law.
[Ord. #667, S 1.8]
Each person holding office or position within the Borough government
shall possess such power and authority and shall have such duty and
responsibility as is conferred by the Charter or general law for such
office or position whether or not such power, authority, duty or responsibility
is specifically mentioned in this Administrative Code.
[Ord. #667, S 1.9; Ord. #667i- 85-8, S 1]
Unless provision to the contrary is specifically contained herein,
or in general law, the initial appointments to all Boards, Committees
and Commissions shall be for staggered terms so that as far as practicable,
an equal number of vacancies will occur by reason of expiration of
term in each year for each Board, Committee and Commission; and, each
initial term shall be construed to be retroactive to January 1 of
the year in which it commenced.
[Ord. #667, S 1.10; Ord. No. 2015-11]
[Ord. #667, S 1.11; Ord. #667E, S 1.11]
Unless specifically prohibited by general law, Charter or ordinance,
the same person may hold simultaneously more than one office or position
within Borough government, provided, however, the Mayor may hold no
appointive office except that of temporary Administrator, or one requiring
Council confirmation and approval. In any case in which the same person
simultaneously holds more than one office or position within Borough
government for each of which said offices or positions a salary is
provided by law, the person shall be entitled to receive only one
salary, that being the highest salary provided for the positions involved;
provided, however, the administration may by writing signed by the
Mayor and attested to by the Clerk, provide for additional compensation
in the event of multiple officeholding, but in no event shall such
additional compensation exceed the amount authorized by law for the
office or position for which the additional compensation is being
provided.
[Ord. #667, S 1.12]
Unless provision to the contrary is specifically contained herein,
in the Charter or statute, the terms of office for all offices and
positions within Borough government shall commence at 12:00 noon on
January 1, 1977.
[Ord. #667, S 1.13]
Unless provision to the contrary is specifically contained herein,
or in the Charter, or statute and vacancy occurring in an appointive
office or position prior to the expiration of the term shall be filled
by the appointing authority only for the balance of the unexpired
term.
[Ord. #667, S 1.14]
Any Board, Committee or Commission for which no specific assignment
to a Department is made, shall be within the Department of Administration.
[Ord. #89-3, S 1]
Unless otherwise provided by law and subject to the exceptions
contained herein, any appointee to membership on any municipal board,
committee, commission, or other municipal body shall be, at the time
of appointment, and shall remain during the term of membership on
any such body, a resident of the Borough of North Plainfield. Excepted
from the residency requirement shall be the holder of any office,
position, or employment within Borough government whose appointment
to, and membership on any such body is conditioned upon the holding
of the office, position, or employment.
Should the appointing authority determine that no resident possesses
the necessary qualifications for appointment, or that special circumstances
exist wherein the best interests of the public would be served by
the appointment of a nonresident, the appointing authority may appoint
a nonresident provided it shall have first filed a written certification
with the Borough Clerk specifying the reasons requiring the appointment
of a nonresident.
[Ord. #667, S 2.1; Ord. #667-L-87-4, S 1]
The Mayor shall be the chief executive and administrative officer
of the Borough and shall function as prescribed by the Mayor-Council
Plan E of the Optional Municipal Charter Law. In addition thereto,
the Mayor shall:
[Ord. #667, S 2.2; Ord. #96-29, S 1]
Whenever a vacancy exists in any office required by the Charter
or Administrative Code to be filled by the Mayor with the advice and
consent of the Council, and there is no holdover incumbent, the Mayor
may temporarily fill the vacancy by appointing an acting officer.
The appointee shall have all of the functions, powers and duties of
the office until it shall be permanently filled. Any such appointment
shall terminate not later than 120 days after the date of appointment.
Should the vacancy continue after the expiration of 120 days, the
vacancy may again be temporarily filled one or more times in like
manner, provided, however, no person shall be eligible for a successive
temporary appointment to the same office for 12 consecutive months.
[Added 12-12-2022 by Ord. No. 22-12; amended 2-13-2023 by Ord. No. 23-01]
There is established a salary for the office of Mayor of the
Borough of North Plainfield. The salary of the Mayor of the Borough
of North Plainfield shall be set forth in the ordinance adopted at
the organizational meeting of the Council immediately after its organization
in accordance with N.J.S.A. 40:69A-180(c). The filing of the ordinance
with the Borough Clerk shall be in lieu of codification of same.
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Low
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Mid
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High
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|---|---|---|---|
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Mayor Salary Range:
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$7,500.00
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$12,000.00
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$15,000.00
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The starting salary shall be $12,000.00 annually until otherwise
made and provided by the Council.
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[Ord. #667, S 3.1]
The legislative power of the Borough shall be exercised by the
Council. In addition thereto the Council shall possess powers and
duties and shall perform such functions as are provided in the Charter
and by general law.
[Ord. #667, S 3.2; Ord. #667-L-87-4; Ord. 93-02, S 1; Ord.
#93-05, S 1; Ord. #96-26, § 1]
a.
The biennial organization meeting in January shall be called to order
by the Mayor; and after roll call and adoption of the rules of order,
the first order of business shall be the election of President of
the Council. Upon the election of the President of the Council he
or she shall then preside at the Council meeting.
b.
The regular meetings of the Council shall be held at such time and
on such day as the Council shall, by resolution, designate in accordance
with law, provided that when any such day falls upon a legal holiday
or the day immediately preceding a primary or general election within
the Borough, the meeting shall be held at the same hour on the next
succeeding day that is not a legal holiday. The Council may provide
by resolution in advance, for the scheduling of additional meetings,
or the cancellation of any meetings. All meetings shall be held in
the Municipal Building, unless the Council shall by resolution provide
otherwise.
c.
No person shall be permitted to carry any firearm, concealed or otherwise,
in any public building during any public meeting of the Borough Council,
its boards, bodies, commissions and/or agencies, except for any duly
appointed law officer in the course of his or her official duties
or carrying an authorized off-duty weapon.
[Added 9-12-2022 by Ord. No. 22-06]
[Ord. #667, S 3.3]
a.
Call of Meeting. The Mayor shall call special meetings of the Council
as provided by the Charter and in compliance with statute.
b.
Procedure.
1.
The call for a special meeting shall be in writing, shall designate
the purpose for the meeting, and shall set forth the date, time and
place for the holding of such special meeting.
2.
The call for a special meeting shall be filed with the Borough Clerk,
who shall endorse upon the call the date and time of filing.
3.
The Clerk shall forthwith serve notice upon each Councilman by leaving
a copy of the call at his respective place of residence and by telephone
communication, if possible, at such place as each Councilman may in
writing designate.
4.
A Councilman may, in writing, waive any irregularities or deficiencies
in the service of notice upon him of any special meeting.
[Ord. #667, S 3.4]
The Council shall, by resolution, provide for the scheduling
of agenda conferences. Agenda conferences shall be utilized for the
fixing of the agenda for the next regularly scheduled Council meeting
and for the general discussion of matters then pending before the
Council or proposed for Council action. No official action of the
Council shall be taken at an agenda conference. The failure to consider
any matter at an agenda conference shall not preclude action thereon
by the Council at a regular or special meeting. To the extent practicable,
the Borough Clerk shall provide each Councilman, the Mayor, Business
Administrator, and Borough Attorney as far in advance of the agenda
conference as time for preparation shall permit, with copies of all
written materials bearing upon any matter to be considered by the
Council at an agenda conference.
[Ord. #667, S 3.5; Ord. #667-L-87-4, S 3]
The business of the Council at each regular meeting shall be
taken up for consideration in the following order:
a.
Roll call.
b.
Pledge of allegiance.
c.
Members of public address Council.
d.
Approval of minutes.
e.
Awarding of contracts upon public bids.
f.
Scheduled public hearings.
g.
Unfinished business.
h.
New business.
i.
Reports of Boards, Committees, Departments and the Mayor.
j.
Petitions, communications and general discussion.
k.
Members of public address Council.
l.
Comments by members of the Council and Mayor; the Mayor first, then
members of the Council in alphabetical order with the President of
the Council speaking last.
m.
Adjournment.
[Ord. #667, S 3.6; Ord. #667-L-87-4, S 4; Ord. 93-02, S 2;
Ord. #96-26, § 2]
a.
At the biennial organization meeting in January the Council shall
elect, by a majority vote of all its members, one of them as President
of the Council for a term of two years; and shall elect a Vice-President
in the same manner for a like term.
b.
The President of the Council shall preside at all regular and special
meetings of the Council and at all agenda conferences.
c.
He shall preserve order and decorum at all meetings of the Council.
d.
He shall state every question coming before the Council.
e.
He shall announce the decisions of the Council.
f.
He shall decide all questions of order subject to appeal of the Council.
g.
He shall appoint all special committees of the Council.
h.
He shall sign all ordinances and resolutions adopted by the Council
during his presence.
i.
He shall fix priorities for the performance of duties by the Borough
Clerk.
[Ord. #667, S 3.7]
a.
The Council shall by Resolution adopt rules of order not inconsistent
with the Charter or this Administrative Code. Any matter not covered
by the Charter, this Administrative Code or the rules of order adopted
by the Council shall be governed by the most recent revision of "Roberts'
Rules of Order."
b.
Whenever a roll call vote is necessary, the Council shall vote alphabetically
with the presiding officer voting last.
[Ord. #667, S 3.8]
a.
Standing Committees. There shall be no standing committee of the
Council other than the committee of the whole. The President of the
Council shall be the presiding officer of the committee of the whole,
and the Rules of Order of the Council shall be observed in the committee
of the whole as far as the same may be applicable.
b.
Special Committees. The Council may by Resolution provide for the
creation of special committees. Any such special committee shall be
appointed by the President of the Council.
[Ord. #667, S 3.9]
a.
Nominations submitted by the Mayor requiring the advice and consent
of the Council will be considered at a regular Council meeting or
at a special Council meeting called for that purpose. Any member of
the Council may move the nomination.
b.
With respect to appointments to be made by the Council, any member
of the Council may nominate as many candidates as there are offices
or positions to be filled. The Council shall consider the nominations
at a regular Council meeting or at a special Council meeting called
for that purpose. When there is a single office to be filled, the
nominee receiving a majority shall be deemed appointed. When there
is more than one office or position to be filled, such as on a board,
committee, or commission, the same procedure shall be followed with
respect to each such office or position separately until the total
number of appointments to be made has been completed. In the discretion
of the Chair, a group of nominations may be considered at one time
when there is no apparent division in the Council as to the nominees
included within the group.
[Ord. #667, S 3.10]
The Council shall cause an annual audit of the Borough's accounts
and financial transactions to be made as required by law. The audit
shall be made by a registered municipal accountant of New Jersey appointed
by the Council.
[Ord. #667, 53.11]
[Added 12-12-2022 by Ord. No. 22-12; amended 2-13-2023 by Ord. No. 23-01]
There is established a salary for the office of Council President
of the Borough of North Plainfield, and for the Members of the Borough
Council. The salary of the Council President and Council Members of
the Borough of North Plainfield shall be set forth in the ordinance
adopted at the organizational meeting of the Council immediately after
its organization in accordance with N.J.S.A. 40:69A-180(c). The filing
of the ordinance with the Borough Clerk shall be in lieu of codification
of same.
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Council President Salary Range:
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$5,500.00
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$7,200.00
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$9,000.00
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The starting salary shall be $7,200.00 annually until otherwise
made and provided by the Council.
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Mid
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Council Member Salary Range:
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$4,500.00
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$6,000.00
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$8,500.00
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The starting salary shall be $6,000.00 annually until otherwise
made and provided by the Council.
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[Ord. #667, S 4.1; amended 9-12-2022 by Ord. No. 22-08]
The Council shall appoint a Borough Clerk for a term of three
years, who may be reappointed to the position by vote of the Council
after having served as Borough Clerk for not less than three consecutive
years immediately prior to such reappointment. The Council shall appoint
a Deputy Borough Clerk to serve for a term of three years, who may
be reappointed after having served as Deputy Borough Clerk for not
less than three consecutive years immediately prior to such reappointment.
[Ord. #667, S 4.2]
The Borough Clerk, in addition to performing such duties and
exercising such powers provided for by the Charter and general law,
shall:
a.
Have and take custody of all official books, papers and documents
of the Borough for which no other repository is provided by statute,
the Charter, or ordinance and preserve and keep them safely.
b.
Provide secretarial and clerical services for the Councilmen in the
discharge of their official duties.
c.
Be the custodian of and cause the Municipal Seal to be affixed to
instruments, documents and writings, when specifically authorized
by law, or when necessary, to exemplify any document or record in
his office, or to certify an act or paper which from the records of
his office shall appear to be a true copy of any public record or
proceeding.
d.
Publish ordinances as required by law and file in his office the
requisite proofs of publication.
e.
Prepare and issue certificates, unless some other person be designated
to do so, as to the approval of the subdivision of land pursuant to
law. Prior to the issuance of a certificate, the status of the subdivision
shall be ascertained from the records of the Planning Board, Board
of Adjustment, Division of Engineering, and otherwise as well as from
the records in the office of the Clerk.
f.
Receive and process correspondence and other communications, including
mail, addressed to the Council or addressed generally to the Borough.
g.
Issue dog licenses pursuant to law.
[Ord. #667, S 5.1; Ord. #96-31, S 4; Ord. #02-04, S 1]
There shall be the following departments:
[Ord. #667, S 5.2; Ord. #667B, S 1]
a.
Each Department shall be headed by a Director, who shall be appointed
by the Mayor, with the advice and consent of the Council. Each Department
Director shall serve during the term of office of the Mayor appointing
him, and until the appointment and qualification of his successor.
Department Directors shall, with the approval of the Mayor, appoint
such subordinate officers and employees within their respective departments
as shall be necessary for the proper and effective operation of the
departments, within the limits of available appropriations for the
department.
b.
Each Department Director shall submit reports concerning the operation
and functioning of his Department to the Business Administrator as
shall be requested by the Business Administrator.
[Ord. #667, S 6.1]
a.
Director. The Business Administrator shall be the Director of the
Department of Administration.
b.
Powers and Duties. The Business Administrator shall perform such
duties and exercise such powers as are provided by statute, the Charter,
this Administrative Code, and ordinance. In addition thereto, under
the direction and supervision of the Mayor, he shall:
1.
Serve as Chief of Staff to the Mayor;
2.
Supervise the management, planning and operations of all boards,
commissions and committees assigned to the Department of Administration;
3.
Provide assistance to all Departments in matters of budgeting, personnel
procedures and purchasing;
4.
Prescribe and enforce rules and regulations for the efficient management
of the municipal government not inconsistent with the Charter, this
Administrative Code and general law.
5.
Coordinate the operation and administration of the various departments,
divisions, officers and agencies of the municipal government.
6.
Assign and transfer employees temporarily from one department to
another as efficient administration may require.
[1]
Editor's Note: Former Subsections 2-6.2, Office of Health
and 2-6.3, Health Advisory Board, previously codified herein and containing
portions of Ord. No. 667, 667-N-87-16, 91.04 were repealed in their
entirety by Ord. No. 96-31.
[Ord. No. 667 § 6.4; Ord. No. 95-10 § 1; Ord. No. 2015-11]
a.
Within the Department of Administration, there is hereby established
a Parks and Recreation Department, which shall have control and supervision
over all Borough parks and recreation facilities, programs and activities,
under the guidance of the Borough Administrator.
b.
Positions. The following positions in the Parks and Recreation Department
are authorized: Parks and Recreation Director and such other personnel
as are deemed necessary by the Mayor or designee for the proper functioning
of the Department.
c.
Parks and Recreation Director.
1.
The Parks and Recreation Director shall have responsibility for the
overall supervision of the Parks and Recreation Department and Parks
and Recreation Committee. The Parks and Recreation Director shall
direct and supervise all employees assigned to the Parks and Recreation
Department and shall have the authority and responsibility for assignment
of all work functions to employees within the Department. The Parks
and Recreation Director shall report to the Borough Administrator.
The Parks and Recreation Director, in his/her absences or unavailability,
with approval of the Borough Administrator, may designate a person
to serve in his/her absence or unavailability on a short-term basis.
2.
The Parks and Recreation Director shall be appointed by the Mayor,
who may consult with the Borough Administrator and/or others before
making the appointment. The Director shall serve at the pleasure of
the Mayor and may be removed by the Mayor with or without cause upon
written notice. The Director shall receive such compensation as shall
be fixed by the Administration.
d.
Duties of the Parks and Recreation Director.
1.
Perform the administrative work involved in the operation of the
Department, the Parks and Recreation Committee and the Borough's recreational
activities, programs, functions and facilities.
2.
Report at least quarterly to the Borough Administrator on the activities
and programs of the Director, the Department and the Committee.
3.
Plan, publicize and organize recreational programs within the Borough
and administer the recreational program on behalf of and for the benefit
of the residents of the Borough of North Plainfield.
4.
Schedule all parks, fields, gyms and other facilities for the benefit
of the Borough's recreation programs and administer the adult athletic
program, the summer recreation program, youth athletic program, and
special events, and all other appropriate recreational programs.
5.
Guide and direct the leaders of all sports organizations and programs,
including all coaches and site supervisors.
6.
Attend meetings of the Parks and Recreation Committee and give reports
on recreation matters and provide such other support as appropriate.
7.
Coordinate and process all criminal history background checks and forms for any prospective or current employee or volunteer with the State of New Jersey Department of Law and Public Safety, pursuant to N.J.S.A. 15A:3A-1 et seq. and any regulations promulgated thereunder and in accordance with Borough Code § 2-41.
8.
Serve as a "clearinghouse" for any information received and shall
disseminate such information to the requesting organization as expeditiously
as possible and shall maintain strict confidentiality relative to
the receipt and dissemination of all information.
9.
Perform any and all other powers and duties as necessary to carry
out his/her job functions as assigned by the Mayor and/or Borough
Administrator.
e.
Finances.
1.
The Parks and Recreation Director shall be responsible for the receipt
of all monies for recreation programs in accordance with established
Borough procedures. All monies received by the Director shall be paid
over to the Borough's Chief Financial Officer or designee, who shall
maintain such monies in a special fund in accordance with law, which
fund may be used only for the purpose of defraying the expenses of
recreation programs and special events established by the Director
and the Parks and Recreation Committee, including the costs of improving,
maintaining or policing the parks, playgrounds or other recreational
areas under the jurisdiction of the Department.
2.
All requests for expenditures shall be required to be submitted by
the Parks and Recreation Director to the Borough Administrator, who
shall have the authority to approve, modify or deny expenditures requested
from the special fund, in consultation with the Mayor.
f.
Recreation Program Fees.
The Parks and Recreation Director or his/her designee shall
establish and collect fees from individuals for participation in programs
and activities administered by the Department. The establishment of
every such fee shall be reported to the Borough Administrator at least
10 calendar days before it becomes effective.
[Ord. No. 667 § 6.5; Ord. No. 95-10 § 2; Ord. No. 2015-11; Ord. No. 2018-02]
a.
There is hereby established a Parks and Recreation Committee.
b.
Membership. The Parks and Recreation Committee shall consist of 13
voting members, who shall be residents of the Borough and who shall
be appointed by the Mayor, which appointments do not require the consent
of the Borough Council. The members of the Parks and Recreation Committee
shall not receive compensation for their services. Each member of
the Parks and Recreation Committee shall, before assuming office,
take and subscribe an oath that he or she will faithfully and impartially
discharge the duties of the appointment.
c.
Counsel Liaison. The Borough Council shall appoint one of its members
to be a liaison to the Parks and Recreation Committee for a term of
one year beginning on January 1 and terminating on December 31 of
each year. The Council Liaison shall not be a voting member of the
Parks and Recreation Committee.
d.
Terms of Office; Vacancies.
1.
The appointments by the Mayor to establish the initial membership
of the Parks and Recreation Committee shall be as follows: (1) Existing
Parks and Recreation Committee members as of the passage of the Ordinance
2018-03; and, (2) three members who shall be appointed as follows:
(a) two members whose terms shall expire January 1, 2020; and, (b)
one member whose term shall expire January 1, 2021.
2.
Thereafter, all appointments shall be for a term of three years and
members shall serve until their respective successors shall be qualified
and appointed. Vacancies in the membership of the Parks and Recreation
Committee, occurring for whatever cause, shall be filled by the Mayor,
without the consent of the Borough Council, for the unexpired term
only.
e.
Organizational Matters.
1.
The Parks and Recreation Committee shall not be deemed to be a recreation
commission pursuant to N.J.S.A. 40:12-1 et seq. or N.J.S.A. 40:61-17
et seq., and shall have only those powers and duties as specifically
set forth herein or as established by ordinance adopted by the Borough
Council.
2.
The Parks and Recreation Committee shall have no spending and/or
financial authority and no hiring authority.
3.
Meetings. The Parks and Recreation Committee shall, at its first
meeting each year, set a schedule for the holding of open public meetings
and shall annually elect from its membership a Chairperson, Vice Chairperson
and Secretary. The Secretary shall arrange for the publication of
the schedule of meetings with the Borough Clerk, keep minutes of all
meetings and official correspondence and keep complete and detailed
records of the Parks and Recreation Committee's activities. The Secretary
shall submit a copy of the minutes to the Borough Clerk for public
record as soon as they are approved by the Parks and Recreation Committee.
4.
Schedule. The Parks and Recreation Committee shall hold periodic
public meetings at a time and day determined at the beginning of each
year. These meetings shall take place at Borough Hall or at such other
suitable public place as it may determine upon notice to the Borough
Clerk and to the public. Additional meetings may be called by the
Chair at any time, upon written notice to the Borough Clerk, Mayor
and to the public.
5.
Quorum. A majority of the membership (seven members) shall constitute
a quorum.
6.
Adoption of By-Laws. The Parks and Recreation Committee may adopt
its own by-laws for conducting its meetings, a copy of which shall
be provided to the Borough Administrator before adoption.
f.
Powers and Duties. The Parks and Recreation Committee shall perform
the following functions:
1.
Study and determine the extent to which existing recreation programs
are adequately serving the recreation needs of all residents of the
Borough.
2.
Determine the need for additional recreation activities and advise
and assist in the development of new and innovative recreation programs.
3.
Assist the Parks and Recreation Director in the formulation of appropriate
proposals for the funding of all parks and recreation programs in
the Borough.
4.
Study and analyze trends in parks and recreation activities and provide
appropriate information to assist in planning for increases or decreases
in participation in various parks and recreation programs.
5.
Assist in disseminating information about Borough recreation programs.
6.
Assist in conducting parks and recreation program registrations.
7.
Report all of its activities and findings to the Parks and Recreation
Director on a consistent basis.
8.
Have such other duties and responsibilities as are consistent with
advising and assisting the Parks and Recreation Director in helping
to carry out an effective system of parks and recreation programs
and activities for the Borough.
9.
Assist in the planning of recreational special events, as well as
attend and participate in them. Each special event will have a designated
chairperson, who shall be a member of the Parks and Recreation Committee.
The chairperson will work with the Parks and Recreation Director or
his/her designee in the planning and organization of the special event.
10.
Plan and organize the development and improvement of all parks and
playgrounds, within the Borough, including maintenance where applicable.
11.
Propose methods for safety and security in the Borough parks and
playgrounds and the improvement of safety and security therein.
12.
Recommend to the Parks and Recreation Director, for his/her consideration,
rules and/or regulations for the use of parks and playgrounds in the
Borough.
13.
Plan and, where applicable, organize, supervise and control, a comprehensive
program of activities for the Borough residents within the Borough
parks, subject to the availability of funding from the Borough.
g.
Mayor's Special Events. In addition to those powers and duties outlined
above, act as the Mayor's Special Events Committee to plan and, where
applicable, organize, supervise and control special events for the
Borough residents at the behest of the Mayor, subject to the availability
of funding from the Borough.
[Ord. #667, S 6.6]
Within the Department of Administration, there shall be an Environmental
Commission, which shall perform those functions as set forth in existing
statute and as provided by general law. The Environmental Commission
shall consist of six members appointed by the Mayor, with the advice
and consent of the Council. Each member shall serve for a term of
three years and until his successor is appointed and qualified. One
member of the Environmental Commission shall be a member of the Planning
Board.
[Ord. #667, S 6.7; Ord. #667A, S 1; Ord. #667F-83-2, S 1]
a.
Within the Department of Administration there shall be a Rent Stabilization
Board to perform those functions as set forth by existing ordinance.
The Rent Stabilization Board shall consist of seven members who shall
be residents of the Borough appointed by the Mayor, with the advice
and consent of the Council. Each member shall serve for a term of
three years and until his successor is appointed and qualified.
b.
The Mayor may appoint with the advice and consent of the Council,
two alternate members who shall be residents of the Borough, to be
designated as 'Alternate No. 1' and 'Alternate No. 2'. Each alternate
member shall serve for a term of two years and until his successor
is appointed and qualified.
c.
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. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
[Ord. #667, S 6.8; Ord. #676, S 1; Ord. #95-10, S 3]
The Green Acres Commission is hereby abolished.
[Ord. #667, S 6.10; Ord. #95-24, S 1; Ord. #06-07]
a.
Within the Department of Administration, there shall be an Economic
Development Committee. Said Committee shall consist of nine members.
Eight members which shall be residents/taxpayers/citizens of the Borough
of North Plainfield. One member shall be a member of the Borough Council.
Each citizen/resident/taxpayer member shall be appointed by the Mayor.
Each citizen/resident/taxpayer shall serve for a term of two years
and until his successor is appointed and qualified. The Council member
shall be appointed by the Borough Council for a one year term. Any
appointee appointed for an unexpired term shall be appointed for the
remainder of the unexpired term.
b.
The members of the Economic Development Committee shall organize
annually by selecting a Chair, Vice Chair and Secretary. The Committee
shall meet regularly at least once a month and at such other times
as the Chair shall direct. Five members of the Committee shall constitute
a quorum to conduct any business which may properly come before it.
c.
The Economic Development Committee shall study and report to the
Council concerning the present economic status of the private business
sector within the community and make recommendations for governmental
action designed to improve that status.
[Ord. #664, S 6.11; Ord. #96-31, S 3]
The following bodies: Municipal Court and Local Assistance Board
are assigned to the Department of Administration for administrative
purposes and applicable statutes shall continue to function in accordance
with ordinances.
[Ord. #667, S 6.12; Ord. #667G-85-5, S 1; Ord. #90-07, S
1]
Within the Department of Administration there shall be a Cultural
Arts Committee to perform those functions as shall be appropriate
to promote an appreciation of the arts within the Borough. The Cultural
Arts Committee shall consist of six members appointed by the Mayor
with the advice and consent of the Council, and one member to be appointed
by the Board of Education. Each member appointed by the Mayor with
the advice and consent of the Council shall serve for a term of three
years and until his successor is appointed and qualified. The member
appointed by the Board of Education shall serve for a term of one
year and until his successor is appointed and qualified. The President
of the Council shall annually appoint a Council member as liaison
to the Cultural Arts Committee.
[Ord. #667i-85-8]
Within the Department of Administration there shall be a Library
Advisory Committee to act as liaison between the Borough of North
Plainfield and the Somerset County Library Board and to perform such
other functions as shall from time to time be appropriate for the
continuation of a public library within the Borough of North Plainfield.
The Library Advisory Committee shall consist of the Mayor or his designee,
the Borough's Superintendent of Schools or his designee, one member
of the Council to be appointed by the Council for a term of one year,
and six members appointed by the Mayor with the advice and consent
of the Council. Each member appointed by the Mayor with the advice
and consent of the Council shall serve for a term of three years and
until his successor is appointed and qualified; except that, of those
six first appointed, two members shall serve for three years, two
members shall serve for two years, and two members shall serve for
one year.
[Ord. #667, S 6.14; Ord. #667-J-85-21, S 1; Ord. #667-K-86-32,
S 1; Ord. No. 2018-04]
Within the Department of Administration there shall be a Youth
Services Commission ("YSC") to encourage, coordinate, and integrate
existing services for youth at-risk of or already involved in the
juvenile justice system by determining the needs of at-risk youth
in the community developing and proposing new and innovative programs
to meet the identified needs; and informing the public of the nature
and extent of juvenile problems and the availability of services to
meet those needs. The Youth Services Commission may include, but shall
not be limited to, members of the following groups that are appointed
by the Mayor with the advice and consent of the Borough Council:
a.
Mayor;
b.
Chief of Police;
c.
Superintendent of Schools;
d.
Student assistance coordinator or other student support services
staff member;
e.
Juvenile officer or Community Policing officer;
f.
A representative of the Parent-Teacher Association or Parent Teacher
Organization or other home-school association;
g.
Parents and/or guardians;
h.
A representative of the Chamber of Commerce or Local Business;
i.
Representatives of local civic or volunteer groups;
j.
Representatives of local faith-based organizations;
k.
Private citizens with interest in or experience in issues concerning
alcohol or drug abuse, addiction or juvenile delinquency;
l.
Youth representatives;
m.
School staff;
n.
Individuals who have been affected by alcoholism and/or drug abuse,
including but not limited to individuals who have been directly affected
by their own, or a family member's abuse or addictions;
o.
Health and Human Service Agencies/Professionals;
p.
Representatives of the local communications media or public relations;
q.
Representatives of public and private organizations involved in the
prevention or treatment of alcoholism and drug abuse and/or the Regional
Coalition.
r.
Liaison from Borough Council.
Ten Youth Services Commission members shall be appointed. The
three permanent members shall be the Mayor, the Chief of Police; and,
the Superintendent of Schools. Seven non-permanent members will be
appointed from the other listed groups and will be voting members.
Each member appointed by the Mayor with the advice and consent of
the Council shall serve for a term of three years and until his or
her successor is appointed and qualified. The membership year for
non-permanent members shall extend from January 1 through December
31 of each year. Subsequent appointments will be made at the January
reorganization meeting of the Borough Council for a period of three
years. Appointments may be made throughout the year to fill vacancies
as needed. Members of the Youth Services Commission will be dually
appointed to the Municipal Alliance Committee.
[Ord. #90-03, S 1; Ord. #90-20, S 2; Ord. #93-07, S 1; Ord. No. 2018-03]
Within the Department of Administration there shall be a Municipal
Alliance Committee ("MAC") created pursuant to N.J.S.A. 26:2BB-9 to
provide consultation, programs, training, and resources to members
of the North Plainfield community with the goal of preventing and
reducing the use of alcohol, tobacco, and other drugs. The Municipal
Alliance Committee may include, but shall not be limited to, members
of the following groups that are appointed by the Mayor with the advice
and consent of the Council:
a.
The Mayor;
b.
The Chief of Police;
c.
The Superintendent of Schools;
d.
A student assistance coordinator or other student support services
staff member;
e.
A juvenile officer or community policing officer;
f.
A representative of the Parent-Teacher Association/Parent-Teacher
Organization or other home-school association;
g.
Parents and/or guardians;
h.
A representative of the Chamber of Commerce or a local business;
i.
Representatives of local civic or volunteer groups;
j.
Representatives of local faith-based organizations;
k.
Private citizens with interest in or experience in issues concerning
alcohol or drug abuse, addiction or juvenile delinquency;
l.
Youth representatives;
m.
School staff;
n.
Individuals who have been affected by alcoholism and/or drug abuse,
including but not limited to individuals who have been directly affected
by their own, or a family member's abuse or addictions;
o.
Health and Human Service Agencies/Professionals;
p.
Representatives of the local communications media or public relations;
q.
Representatives of public and private organizations involved in the
prevention or treatment of alcoholism and drug abuse and/or the Regional
Coalition;
r.
A Liaison from Board of Health.
Ten Municipal Alliance Committee members will be appointed.
The three permanent members shall be the Mayor, the Chief of Police;
and the Superintendent of Schools. Seven non-permanent members will
be appointed from amongst the other listed groups and will be voting
members. Each member appointed by the Mayor with the advice and consent
of the Council shall serve for a term of three years and until his
or her successor is appointed and qualified. At a minimum, 50% of
the non-permanent members must reside in the Borough. The membership
year for non-permanent members shall extend from January 1 through
December 31 of each year. Subsequent appointments will be made at
the January reorganization meeting of the Borough Council for a period
of three years. Appointments may be made throughout the year to fill
vacancies as needed. Members of the Municipal Alliance Committee will
be dually appointed to the Youth Services Commission.
[Ord. #96-32, § 2]
Within the Department of Administration there shall be a Tobacco
Prevention Advisory Committee to educate the public, and particularly
businesses and minors, with regard to the dangers of tobacco use.
The Tobacco Prevention Advisory Committee shall convene at least twice
during each calendar year, shall study the issue of tobacco use and
shall report to the Council regarding recommendations for legislation
and other appropriate governmental action.
The Tobacco Prevention Advisory Committee shall consist of the
Mayor, Chief of Police, Fire Chief, Health Officer, Borough Superintendent
of Schools, one Council member to be appointed by the Council for
a term of one year, one representative of the Borough's school system
to be appointed by the Board of Education for a term of one year,
three persons appointed by the Borough Council and three persons appointed
by the Mayor.
Each member appointed by the Mayor shall serve for a term of
three years and until his or her successor is appointed and qualified;
except that, of those three first appointed, one shall serve for a
term of one year, one shall serve for a term of two years and one
shall serve for a term of three years.
Each member appointed by the Council shall serve for a term
of three years and until his or her successor is appointed and qualified;
except that, of those three first appointed, one shall serve for a
term of one year, one shall serve for a term of two years and one
shall serve for a term of three years.
[Ord. #667, S 7.1; Ord. #89-17, S 1]
Within the Department of Finance and subject to the administrative
supervision of the Director, there shall be a Chief Financial Officer,
Treasurer and Deputy Treasurer, all of whom shall be appointed by
the Mayor with the advice and consent of the Council, to serve for
a term of one year or such other term as may be established by statute.
An appointee to any such office shall have such qualifications and
credentials as shall be required by law.
[Ord. #667, S 7.2]
The Director shall be responsible for establishing and supervising
all financial systems, supervising the assessment of properties, collection
of revenues, disbursement of municipal funds and reconciliation of
bank accounts.
[Ord. #667, S 7-3]
Within the Department of Finance there shall be a Division of
Accounts, Finance Control and Revenue, which shall perform the following
duties:
a.
Maintain the central accounts and financial records of the Borough;
b.
Control all expenditures within the limits of appropriations, through
an encumbrance system of budget operation;
c.
Pre-audit bills and claims and certify same on the vouchers presented;
d.
Prepare warrant checks;
e.
Prepare payrolls;
f.
Administer all matters relating to the financial status, rights and
benefits of employees of the Borough under the Employees' Benefit
and Welfare programs;
g.
Prescribe and approve all financial systems and procedures and install
uniform charts of accounts;
h.
Make revenue and expenditure estimates for the Mayor and Business
Administrator;
i.
Have the safekeeping and custody of all municipal securities, investments
and bonds of the Borough;
j.
Invest and re-invest surplus or idle funds of the Borough;
k.
Serve as "certifying agent" for the New Jersey Public Employees Retirement
System or similar pension and benefit plans with respect to municipal
employees;
l.
Promptly pay interest and principal on municipal obligations as they
fall due;
m.
Receive funds entrusted to or under the control of any department,
and deposit all funds received by it in depositories authorized by
the Council;
n.
Advise and report on all insurance matters upon or with respect to
risks insured for the benefit of the Borough, or to protect it against
any claims, demand, or liability whatsoever;
o.
Perform the functions of a Collector of Taxes under general law,
including without limitation thereto; rendering bills of property
taxes pursuant to law, enforcement of tax collections by tax sales
and otherwise, and the maintenance of tax accounting records in such
manner as may be prescribed or approved pursuant to ordinance or statute;
p.
Receive and collect all current and delinquent real and personal
property taxes and municipal fees and charges, and receive penalties
and interest pursuant to law;
q.
Make 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 Borough the fee required pursuant to law for any such search;
r.
Receive and collect all current and delinquent sewer charges, including
penalties;
s.
Manage and control all tax foreclosed property acquired by the Borough;
t.
Receive, note and transfer to the Treasurer any funds or fees collected
or received by any employee for the benefit of the Borough.
[Ord. #667, S 7.4]
Within the Department of Finance there shall be a Division of
Assessment, the head of which shall be the Borough Assessor.
The Division of Assessment shall have, perform and discharge
all the functions, powers and duties prescribed by law for a Municipal
Assessor.
[Ord. #667, S 7.5]
a.
Encumbrance. Prior to any commitment for the expenditure of municipal
funds, the Department Director having control thereof shall, in writing,
on forms prescribed by the Business Administrator, notify the Treasurer
of the amount proposed for expenditure and the account to which the
expenditure is to be charged. The Treasurer shall, if sufficient funds
are available in the account, immediately encumber the funds and certify
in writing to the Department Director that the funds have been encumbered
and that the commitment for expenditure may be made. In the event
sufficient funds are not available in the account, the Treasurer shall
so notify the Department Director and no commitment for the expenditure
of funds as proposed shall be made. The encumbrance shall be removed
only upon a certification by the concerned Department Director that
the obligation of the Borough for payment of the funds has been satisfied.
b.
Bills and Claims. Bills, claims and demands against the Borough shall
be deemed approved or disapproved in accordance with the procedure
prescribed by this subsection. A voucher on a form prescribed by the
Business Administrator shall be presented for each bill, claim or
demand and shall be paid by warrant, check or draft signed by the
Mayor or, in his absence, the Administrator, and countersigned by
the Treasurer or, in his absence, the Assistant Treasurer, except
that payroll checks may be signed by the Treasurer or, in his absence,
the Assistant Treasurer, upon certification of the Administrator of
the total payroll. Vouchers shall be signed by the person claiming
or demanding payment from the Borough, and shall contain a certification
by the Department Director having control thereof that the goods or
services for which payment is claimed or demanded have been received
by the Borough, and shall be countersigned by the Treasurer certifying
that a pre-audit of the claim and demand has been made and that sufficient
funds are available for the payment of the claim or demand, and by
the Business Administrator certifying the regularity of the claim
or demand.
c.
Report to Council. The Treasurer shall prepare a list of all disbursements
and submit same monthly for Council review. Such list shall be prepared
in sufficient quantity for each member of the Council, the Mayor,
and the Business Administrator, and at least one copy shall be filed
with the Borough Clerk as a public record open to examination in his
office.
d.
Signatures. The signature of the Mayor or Business Administrator
and Treasurer may be inscribed mechanically on a check, warrant or
draft.
[Ord. #667, S 7.6]
The Borough Clerk shall pursuant to law, make and issue official
certificates of searches for municipal improvements authorized by
ordinance but not yet assessed, and he shall receive and remit to
the Collector of Revenue for each certificate issued by him, the fee
provided by law.
[Ord. #11-06]
a.
There is hereby created the position of Purchasing Agent for the
Borough of North Plainfield.
b.
The Purchasing Agent shall be appointed by the Mayor.
c.
The Purchasing Agent shall possess a valid Qualified Purchasing Agent
certificate, as issued by the New Jersey Division of Local Government
Services, Department of Community Affairs.
d.
The Purchasing Agent shall have, on behalf of the Borough Council
of the Borough of North Plainfield, the following duties and perform
the following functions:
1.
Authority, responsibility and accountability for purchasing activity
pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.;
2.
Prepare public advertising for and receive bids and requests for
proposals for the provision or performance of goods, services and
construction contracts;
3.
Award contracts pursuant to New Jersey law in accordance with the
regulations, forms and procedures promulgated by state regulatory
agencies; and,
4.
Conduct any other activities as may be necessary or appropriate to
the purchasing function of the Borough of North Plainfield.
e.
Pursuant to N.J.S.A. 40A:11-3(a) and any amendments thereto and/or
other laws, rules or regulations enacted pursuant thereto, the bid
threshold for which public advertising for bids shall be required
to be $36,000.
[Ord. #667, S 8.1; Ord. #667-L-87-4, S 5]
The Director of the Department of Law shall be an attorney of
the State of New Jersey who shall also serve as Borough Attorney.
The Director shall not be a full-time employee of the Borough and
shall receive a salary or retainer plus such fees as are authorized
by the Council and by the Mayor.
[Ord. #667, S 8.2; Ord. #667-L-87-4, S 6]
The Department of Law shall:
a.
Provide legal advice and assistance to the Mayor and Council and
to all departments, boards and bodies, except where prohibited by
law, and prosecute and defend actions and proceedings by and against
the Borough.
b.
Draft ordinances and resolutions and advise as to their form and
sufficiency.
c.
Review and approve all contracts, deeds, documents and instruments.
d.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as directed by the Mayor or Council.
e.
Subject to the approval of the Mayor or the Council, the Borough
Attorney or such other attorney acting pursuant to the provisions
of this Administrative Code shall have the power to enter into any
agreement, compromise or settlement of any litigation in which the
Borough is involved, provided, however, this subsection shall not
limit or abridge the discretion of such attorney handling the matter
in regard to the proper conduct of any trial, action or proceeding
or deprive him of the powers and privileges ordinarily exercised in
judicial proceedings by counsel acting for private clients.
f.
Maintain a record of all actions, suits, proceedings and matters
in judicial litigation or arbitration which relate to the Borough's
interest, and submit written monthly reports of same to the Council;
and submit written reports to the Council of any new litigation or
arbitration concerning the Borough at the next Council meeting immediately
following service of process.
g.
Have such other and different functions, powers and duties as may
be provided by general law or ordinance.
[Ord. #667, S 8.3]
Whenever the interest of the Borough so requires, the Director
of the Department of Law, with the approval of the Mayor and within
the limits of available appropriations, may appoint special counsel
to assist in the preparation, trial, argument and processing of such
legal matters or proceedings as he may determine. If the Director
of the Department of Law shall be disqualified with respect to any
matter, the Mayor may appoint special counsel with the approval of
the Council to represent the Borough for and with respect to such
matter.
[Ord. #667, S 8.4]
The Director of the Department of Law with the approval of the
Mayor shall appoint an attorney of the State of New Jersey to prosecute
crimes and offenses within the jurisdiction of the Municipal Court
of the Borough, provided, however, such Prosecutor shall not be responsible
for the prosecution of such crimes and offenses as are required by
law to be prosecuted by the County Prosecutor, and provided further
that such Prosecutor, unless directed by the Judge of the North Plainfield
Municipal Court shall not be responsible for the prosecution of complaints
signed by private citizens. The Prosecutor shall also prosecute all
appeals from judgments of the Municipal Court of the Borough upon
complaints prosecuted by him in the Municipal Court unless same are
to be prosecuted on appeal by the County Prosecutor.
[Ord. #667, S 8.5; Ord. #667-L-87-4, S 7]
Any Borough agency which is required by law to have legal counsel
independent of the municipality shall, within the limits of available
appropriations, appoint independent legal counsel of the agency's
choosing to represent it. If the Department of Law shall be disqualified
from representing any Borough agency with respect to any matter, the
Director of the department to which the agency is assigned shall,
within the limits of available appropriations, appoint legal counsel
to represent the agency for and with respect to that matter.
[Ord. #97-11]
a.
The Mayor, with advice and consent of the Council, shall appoint
an attorney of the State of New Jersey to serve as Municipal Public
Defender who shall represent an indigent defendant(s), as determined
by the Municipal Court charged in the Borough's Municipal Court with
an offense, 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 term of appointment shall be
one year from the date of appointment and may continue to serve in
office pending reappointment or appointment of a successor. The Municipal
Public Defender shall be compensated on a per session basis in an
amount not to exceed that set forth in the employment contract between
the Borough and the Municipal Public Defender. The Municipal Public
Defender shall be responsible for handling all phases of the defense,
including, but not limited to, discovery, pretrial trial and post-trial
hearings, motions, removals to federal district court and other collateral
functions, reasonably related to the defense of the indigent defendant.
However, the Borough shall not be required to pay for expert and/or
lay investigation or testimony for a period of one year after March
22, 1998 (the effective date of P.L. 1997, c. 256).
b.
The eligibility for services of the Municipal Public Defender shall
be determined by the Municipal Court on the basis of the need of the
defendant, except as noted below. Need shall be measured pursuant
to N.J.S.A. 2A:158A-14 and guidelines promulgated by the New Jersey
Supreme Court. In the event that the eligibility determination cannot
be made before services are first needed to be rendered or the initial
determination is erroneous, such appointment of a Municipal Public
Defender shall be provisional and if such appointment is found to
be incorrect, defendant shall be obliged to engage his/her own counsel
and reimburse the Borough for the cost of services rendered. The Municipal
Court shall make an investigation of the financial status of each
defendant seeking representation of a Municipal Public Defender and
shall have the authority to require a defendant to execute and deliver
written requests or authorizations required by 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. However,
whenever a person entitled to representation of a Municipal Public
Defender is under 18 years of age, the eligibility for services shall
be determined based on the financial circumstances of the individual's
parents or legal guardians and the Borough may recover legal services
costs from the parents or legal guardians as set forth below and require
documents as set forth above to determine eligibility. If any 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.
c.
If it is subsequently determined that a defendant improperly obtained
the services of a Public Defender due to a determination that he was
not indigent or otherwise not entitled to this service, 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 as calculated at the same
rate as the State Office of Public Defender bills clients at that
time. The Borough Attorney shall be authorized to file liens or take
any other actions necessary to collect such liens or any other monies
due to the Borough by way of reimbursement for services rendered by
a Municipal Public Defender.
d.
The Borough requires a person applying for representation by a Municipal
Public Defender or court approved counsel to pay an application fee
of $200, which is necessary to pay the costs of Municipal Public Defender
services. In accordance with guidelines promulgated by the New Jersey
Supreme Court, the Municipal Court may waive said 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 not to exceed four months. Funds collected
herein shall be deposited in a dedicated fund administered by the
Borough's Chief Financial Officer. Such funds shall be used exclusively
to meet the costs incurred in providing the services of a Municipal
Public Defender, including when required, expert and lay investigation
and testimony. Fees collected which exceed by more than 25% the amount
which the Borough expended during the prior year providing the services
of a Municipal Public Defender, beginning in 1999, shall be forwarded
to the State agency designated pursuant to law. This subsection shall
take effect on December 22, 1997.
[Ord. #667, S 9.1]
Within the Department of Public Works, there shall be a Division
of Engineering. Under the supervision and direction of the Director
of the Department of Public Works, the Division shall:
a.
Provide all staff engineering required by the Department with the
assistance of such consultants as may be authorized.
b.
Prepare, maintain and preserve maps, charts and records of roads,
utilities, public buildings and structures and all public facilities
owned or operated by the Borough, and political maps as required.
c.
Prepare, review and approve specifications for public works contracts;
supervise and inspect the execution of contracts and certify satisfactory
completion of work to authorize progress payments pursuant to contract.
d.
Examine proposed preliminary and final subdivision plats, review
them for conformity with the municipal subdivision ordinance and other
land use requirements and advise the appropriate municipal body as
to such matters, and inspect and approve all installations made in
accordance with the requirements of the appropriate municipal body
prior to the acceptance of any street or the release of any security
related to subdivision approval. The Division shall review any subdivision
application which has been submitted to an appropriate body and shall
submit its findings and recommendation thereto.
e.
Maintain the tax map for the Division of Assessment in a current
status.
f.
Inspect and control the maintenance of all municipal buildings, grounds
and structures used for municipal purposes and establish uniform standards
for the protection and preservation of such public property.
g.
Perform such additional functions as are required by general law
of a Borough Engineer.
[Ord. #667, S 9.2]
Within the Department of Public Works, there shall be a Division
of Municipal Facilities. Under the supervision and direction of the
Director, the Division shall:
a.
Maintain, repair, construct and reconstruct all municipal facilities
including streets, roads, culverts, sanitary sewers, storm sewers,
parks, public lands and public buildings.
b.
Clear and remove snow and ice from the streets and provide such other
and additional services as may be required in the interest of public
safety.
[1]
Editor's Note: Former Subsections 2-9.3, Division of Inspection,
2-9.4, Division of Construction and 2-9.5, Property Maintenance Committee,
previously codified herein and containing portions of Ord. No. 667,
were repealed in their entirety by Ord. No. 96-31.
[Ord. #667, S 10.1; Ord. #667D, S 1]
The Director of the Department of Police shall exercise such
authority as is conferred upon him by law and ordinance.
[Ord. #667, S 10.2]
Under the direction and supervision of the Director, the Department
of Police shall be organized in such manner as may have heretofore
been authorized by the Borough or may be hereafter authorized by the
Council.
[Ord. #667, S 10.3]
All subordinate officers and employees shall be appointed by
the Director with the approval of the Mayor with the exception of
special police, who shall be appointed in the manner provided by statute.
[Ord. #667, S 11.1; Ord. #667C, S 1; Ord. #667-M-87-5, S
1]
The Director of the Department of Fire Prevention and Protection
shall exercise such authority as is conferred upon him by law and
ordinance. The Director shall not be a full-time employee of the Borough.
[Ord. #667, S 11.2]
Under the direction and supervision of the Director, the Department
of Fire Prevention and Protection shall be organized in such manner
as may have heretofore been authorized by the Borough or may be hereafter
authorized by the Council.
[Ord. #667, A 12]
The Director shall appoint subordinate officers and employees
with the approval of the Mayor. (Ord. #667, S 11.3)
[Ord. #667, A 12]
The Business Administrator shall establish procedures for the
preparation of budgets and where practicable for the maintenance of
a system of work programs and quarterly allotments for the operation
of the budget. The Business Administrator shall establish procedures
for a purchasing system for the borough. Such procedures shall be
submitted to the Council and when approved by resolution of the Council,
all departments shall conform to the procedures so established.
[Ord. #667, S 13.1]
As soon as practicable the Mayor shall transmit to the Council
an appropriate resolution in the form required by the State of New
Jersey to make such correction of the title, text or amount of any
item of appropriation appearing in the temporary budget for 1977 as
adopted as may be necessary to make any or all such items of appropriation
conform with the organization of municipal government and the allocation
of functions, powers and duties prescribed by or pursuant to the Administrative
Code.
[Ord. #667, S 13.2]
On the effective date of this article, the functions, powers
and duties of the personnel engaged therein and all records and property
of the Borough relating thereto, except as otherwise specifically
provided by this Administrative Code, are transferred to the respective
departments, offices and agencies to which they are allocated and
assigned by this Administrative Code.
[1]
Editor's Note: Former § 2-14, Department of Health,
Housing and Property, previously codified herein and containing portions
of Ord. No. 96-31, was repealed in its entirety by Ord. No. 02-04.
See Subsection 2-16.18 for Division of Health, Housing and Property.
[Ord. #00-09, S 1]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Public Laws of 1997, to reward
members of the volunteer firefighting and first aid organization of
the Borough of North Plainfield for their loyal, diligent, and devoted
services to the residents of the Borough of North Plainfield.
[Ord. #00-09, S 2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below. Such contributions shall be made in accordance with
a plan that shall be established by the Borough of North Plainfield
pursuant to P.L. 1997, c. 388. Such plan shall be administered in
accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code and this Code.
[Ord. No. 00-09, S 3]
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria below. In order to be eligible for
such contribution, one must accumulate 25 points per calendar year.
The attainment of the 25 points for responding to the minimum number
of calls shall be calculated as follows:
|
Fire Calls
| ||||
|---|---|---|---|---|
|
Total number of calls volunteer fire company responds to annually
other than emergency rescue and first aid calls (ambulance calls)
|
0-500
|
501-1,000
|
1,001-1,500
|
1,501 & up
|
|
Minimum number of calls volunteer firefighters must respond
to annually in order to receive 25 points credit
|
10%
|
7.5%
|
5%
|
2.5%
|
|
First Aid Calls
| ||||
|
Total number of calls voluntary emergency rescue and first aid
squad (ambulance) responds to annually
|
0-500
|
501-1,000
|
1,001-1,500
|
1,501 & up
|
|
Minimum number of calls volunteer emergency rescue and first
aid squad members must respond to annually in order to receive 25
points credit
|
10%
|
7.5%
|
5%
|
2.5%
|
[Ord. #00-09, S4]
The estimated cost of the program has been calculated to be
$600 per volunteer per year for an estimated annual cost of $23,400.
[Ord. No. 00-09, S 5]
Each active volunteer member that meets the criteria below shall
be credited with points for volunteer services provided to the volunteer
fire company/first aid organization. In order to be eligible for such
contribution, one must accumulate 25 points per calendar year. The
attainment of the 25 points for responding to the minimum number of
calls shall be calculated as follows:
|
Fire Calls
| ||||
|---|---|---|---|---|
|
Total number of calls volunteer fire company responds to annually
other than emergency rescue and first aid calls (ambulance calls)
|
0-500
|
501-1,000
|
1,001-1,500
|
1,501 & up
|
|
Minimum number of calls volunteer firefighters must respond
to annually in order to receive 25 points credit
|
10%
|
7.5%
|
5%
|
2.5%
|
|
First Aid Calls
| ||||
|
Total number of calls voluntary emergency rescue and first aid
squad (ambulance) responds to annually
|
0-500
|
501-1,000
|
1,001-1,500
|
1,501 & up
|
|
Minimum number of calls volunteer emergency rescue and first
aid squad members must respond to annually in order to receive 25
points credit
|
10%
|
7.5%
|
5%
|
2.5%
|
[Ord. #00-09, S6]
This section shall not take effect unless it is approved by
the voters as a public question at the next general election.[1]
[1]
Editor's Note: This section was approved by the voters in
the General Election of November 7, 2000.
[Ord. #02-04, S 2; Ord. #08-07]
a.
Within the Department of Administration and subject to the direction
of the Business Administrator, there shall be a Division of Health,
Housing and Property, all employees under such shall serve at the
pleasure of the Business Administrator. All appointees to this Division
shall have such qualifications and credentials as shall be required
by law/statute.
b.
Division of Health. Within the Division, there shall be a Division
of Health, which shall have and exercise all regulatory and appointive
powers of a local Board of Health, though the Council shall still
serve, where applicable, as the local Board of Health. The Division
shall also:
1.
Administer and enforce the local health ordinances through the Public
Officer, Health Officer or Code Enforcement Officer or their respective
designees;
[Amended 9-12-2022 by Ord. No. 22-07]
2.
Maintain and administer records of vital statistics, including births,
deaths and marriages in accordance with State law and issue marriage
licenses pursuant to law;
3.
Plan and administer a comprehensive public health program, including
without limitation thereto, environmental sanitation, communicable
disease control, child and adult health education, laboratory services
and any other services/activities which may be authorized or required
by the New Jersey State Department of Health or other competent authority.
c.
Division of Housing. Within the Division there shall be a Division
of Housing, which shall contain the following:
1.
Office of Inspection. The Office of Inspection shall, by and through
the Zoning Officer, Public Officer, Health Officer or Code Enforcement
Officer or their respective designees, inspect to insure compliance
with and enforce all land use ordinances and regulations, inspect
to compliance with and enforce, to the extent permitted by law, any
State - municipal cooperative housing and/or building programs.
[Amended 9-12-2022 by Ord. No. 22-07]
2.
Community Compliance and Resource Committee. The Community Compliance
and Resource Committee shall perform such functions as set forth by
their mission statement: To serve as an educational resource to the
community for purposes of property maintenance and environmental compliance,
as required by existing ordinance. The Community Compliance and Resource
Committee shall consist of seven members, one of whom shall be a member
of the Planning Board, appointed by the Planning Board; one of whom
shall be a member of the Board of Adjustment, appointed by the Board
of Adjustment; and one of whom shall be a member of the Council, appointed
by the Council; all of whom shall serve a term of one year. The remaining
four shall be appointed by the Mayor and shall serve for a term of
four years and until his or her successor is appointed and qualified.
3.
Office of Recycling. There shall be a Recycling Coordinator who may
perform other duties within the Division of Health, Housing and Property
and who shall be responsible for the proper operation of the Borough
recycling program in accordance with applicable statutes and ordinances.
4.
Clean Communities Coordinator. The Clean Communities Coordinator
shall perform such functions as required by applicable statutes and
ordinances.
5.
Zoning Officer. The Zoning Officer shall review applications for
the issuance of building permits as to zoning compliance and shall
act upon the same in accordance with applicable statutes and ordinances,
in conjunction with and under the auspices of the Borough Planner.
6.
Planning Board and Zoning Board of Adjustment. The Planning Board
and Zoning Board of Adjustment and any secretary(ies) serving such
bodies shall report to the Business Administrator for administrative
purposes and shall perform such functions as required by applicable
statutes and ordinances.
d.
Division of Construction. Within the Division there shall be a Division
of Construction. The Division of Construction, subject to the direction
and supervision of the Business Administrator, shall act as the State
Uniform Construction Code Enforcing Agency and perform such functions
as are required by statute and ordinance. All subcode officials shall
be under the jurisdiction of this Division.
[Ord. #08-16]
a.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and can participate in the Defined Contribution
Retirement Program (DCRP):
1.
The Borough Administrator, or other statutory-based, untenured chief
administrative officer of the Borough;
2.
Positions with principal responsibility of government functions,
such as department heads or similar titles, that are filled by action
of the governing body and who report directly to an elected official(s)
or to the Borough Administrator;
3.
The Borough Attorney;
4.
The Borough Engineer;
5.
The Borough Prosecutor;
6.
The Municipal Court Judge;
7.
Appointed members of a local authority Board of Commissioners, subject
to the Local Authorities Fiscal Control Law (N.J.S.A. 40A:5A-1, et
seq.); and
8.
Gubernatorial appointees who serve in municipal government for a
fixed term.
b.
The provisions of this section shall apply only to individuals appointed
to DCRP positions on and/or after July 1, 2007.
c.
The positions set forth in paragraph a are also only eligible for
participation in the DCRP when the individuals are employed as bona
fide employees of the Borough and not employed pursuant to a professional
services resolution.
[Ord. #08-16]
a.
Pursuant to N.J.S.A. 43:15C-2, individuals serving in the following
positions are exempt from participation in the DCRP, as long as the
individual holds a professional license or certificate to perform
in that position:
1.
Certified Health Officer;
2.
Tax Collector;
3.
Chief Financial Officer;
4.
Construction Code Official;
5.
Qualified Purchasing Agent;
6.
Tax Assessor;
7.
Municipal Planner;
8.
Registered Municipal Clerk;
9.
Licensed Uniform Subcode Inspector; and
10.
Certified Public Works Manager/Principal Public Works Manager.
b.
Individuals that hold positions consisting of "routine appointments"
by the governing body, administrative support and public works and
rank and file staff are also exempt from participation in the DCRP.
[Ord. #08-16]
a.
If an individual is appointed to a position eligible for participation
in the DCRP, the Pension Certifying Officer of the Borough may determine
that the individual is not required to join the DCRP, and instead,
may remain in the Public Employee Retirement System (PERS) if that
individual meets any of the following requirements:
1.
The individual is already enrolled in a PERS position and has been
appointed to a DCRP position pursuant to a valid promotional process;
2.
The individual is appointed on a temporary, interim or "acting" basis to a DCRP position that otherwise requires a professional license or certification pursuant to Subsection 2-17.2 above;
3.
The individual was a member of PERS prior to July 1, 2007 and has
continuously been a member of PERS since that time; or
4.
The individual meet such other exceptions as may be approved by the
Local Finance Board or the Division of Pensions and Benefits.
