[Ord. #752]
The public judges its government, at least in part, by the way
public officials and employees conduct themselves in the offices and
positions to which they have been elected or appointed, and the Council
recognizing that it is in the public interest to establish a code
of ethics, does hereby promulgate the following guidelines for the
conduct of public officials and employees of the Borough.
[Ord. #752, S 1]
No public official, elected or appointed, or full-time or part-time
employee shall:
a.
Use or attempt to use his office, position or employment to secure
or obtain any unwarranted, preferential, favored, discriminatory or
unlawful rights, benefits, advantages or privileges for himself or
for others;
b.
Vote for the adoption or defeat of any legislation or for the payment
or nonpayment of any indebtedness owing or allegedly owing by this
Borough in which he has a personal, pecuniary or other private interest;
c.
Recommend, advise or lobby for the adoption or defeat of any legislation
or for the institution or defense of any legal or quasi-legal action
whatever in which he has or may have a personal, pecuniary or other
private interest, without first having publicly disclosed the nature
and extent of his personal, pecuniary or other private interest;
d.
Request or use or permit the use of any public property, vehicle,
equipment, labor, service or facility for personal convenience or
advantage to himself or any other person. This prohibition shall not
be deemed to prohibit an official or employee from requesting or using
or permitting the use of such public property, vehicle, equipment,
labor, service or facility in the conduct of official business, if
such personal use shall be incidental to a public use not reasonably
avoidable and shall be with the prior knowledge and approval of the
appropriate municipal official or body;
e.
Accept other employment or professional retainers that conflict with
or impair the performance of his official duties;
f.
Represent private interests before the Borough Council, the Municipal
Court or any agency of the Borough;
g.
Take action upon a matter involving his employer, relative or friend,
where the closeness of the relationship to the relative or friend
is of such a degree as to be likely to affect the judgment of the
public official or employee. Excepted from the prohibition herein
is a situation wherein the employer is the Borough.
[Ord. #752, S 2]
Any person may file a written complaint with the Borough Clerk
alleging a violation of the provisions of this section. The Borough
Clerk shall, upon receipt of such a complaint, forward a copy of same
to the public official or employee alleged to be in violation. The
public official or employee may, within 20 days after receipt of the
complaint by him, file a written response with the Borough Clerk.
The Borough Clerk shall then forward copies of the complaint and response
to the appointing authority of the public official or employee alleged
to be in violation or, in the event the person holds elective office,
to the Council, for such action, if any, as the appointing authority
or Council shall determine to be appropriate in accordance with law.
The Borough Clerk shall retain the original complaint and response.
[Ord. #752, S 3; Ord. No. 03-08]
Every public official and employee attending any seminar, convention
or meetings for which the Borough will bear a portion of the cost
shall file, within 30 days of the attendance, a written request for
reimbursement with the Chief Financial Officer of the Borough, including
a list and description of activities attended, time spent and public
funds expended or moneys disbursed for which reimbursement will be
sought.
[1]
Editor's Note: Former Subsection 2-35.5, Elected Officials
to File Certification for Sources of Income, previously codified herein
and containing portions of Ord. No. 752, was repealed in its entirety
by Ord. No. 03-08.
[Ord. #85-6, S 1]
No insurer issuing fire insurance policies in this state shall
pay any claims for fire damages in excess of $2,500 on any real property
located within the Borough, unless or until the insured person submits
an official certificate of search for municipal liens pursuant to
N.J.S.A. 54:5-12, certifying that all taxes, assessments or other
municipal liens or charges levied and assessed and due and payable
against the property have been paid, or the Borough submits a certified
copy of a resolution adopted pursuant to N.J.S.A. 17:36-11. Any request
pursuant to this section for an official certificate of search for
municipal liens shall specify that the search concerns fire-damaged
properties.
[Ord. #85-6, S 2]
The official certificate of search may be altered by the bonded
official of the Borough responsible for preparing such certificates,
in order to correct any errors or omissions or to add any municipal
liens or related charges due and payable subsequent to the preparation
of the official certificate.
[Ord. #85-6, S 3]
Unless a resolution is received in accordance with N.J.S.A.
17:36-11 by an insurance company writing fire insurance policies within
the Borough, such insurance company is hereby required, prior to the
payment of any claims for fire damages in excess of $2,500, to pay
to the Borough the amount of the liens appearing on the official certificate
and such other recorded liens or related charges as may be certified
to the insurance company; provided, however, that if an appeal is
taken on the amount of any lien or charge, other than an appeal on
the assessed valuation of real property pursuant to N.J.S.A. 54:3-21,
the insurance company shall issue a draft payable to the court of
record, to be held by the court in an interest bearing escrow account
in a banking institution or savings and loan association in the State,
in an amount totaling 75% of the full amount of the lien or charge
being contested, but not to exceed the proceeds payable under its
insurance policy, and the insurance company shall issue a draft payable
to the Borough for the remaining 25% of the lien or charge being contested,
with the full amount paid by the insurance company to the court and
the Borough not to exceed the proceeds payable under its insurance
policy pending termination of all proceedings, at which time such
moneys and all interest accruing thereon at a rate paid on interest
bearing accounts in banking institutions or savings and loan associations
in the State, shall be disbursed in accordance with the final order
or judgment of the court.
[Ord. #85-6, S 4]
An insurance company receiving a certified copy of a resolution
adopted by the Council of the Borough pursuant to N.J.S.A. 17:36-11
is authorized to make full payment on the claim to the insured person.
[Ord. #85-6, S 5]
Except as provided in N.J.S.A. 17:36-12, the claim of the Borough
pursuant to the provisions of this section shall be paramount to any
other claims on the proceeds of a fire insurance policy.
[Ord. #86-34, S 1; Ord. #91-05, S 1]
Whenever an elected or appointed official or employee of the
Borough, excluding persons covered by the provisions of N.J.S.A. 40A:14-28,
or N.J.S.A. 40A:14-154, or whose terms and conditions of employment
with the Borough are governed by the provisions of a collective bargaining
agreement, is a defendant in any action or legal proceeding arising
out of or incidental to the performance of his duties, the Council
shall provide such person with necessary means for the defense of
such action or proceeding, but not for his defense in a disciplinary
or criminal proceeding; and the Council shall provide for the indemnification
of such person, up to a maximum of $10,000, for any sum he is required
by a court of competent jurisdiction to pay as compensatory damages.
If any criminal proceeding shall be dismissed or finally determined
in favor of such official or employee, he shall be reimbursed for
the reasonable expense of his defense.
[1]
Editor's Note: Former § 2-38, Fire and Police Alarm
Panel, was previously codified herein and contained portions of Ord.
No. 89-20.
[Ord. #95-27, S 1]
The purpose of this section is to establish a procedure for
the inspection and reproduction of government records by the public.
[Ord. #95-27, S 1]
As used in this section:
Shall mean the form(s) which shall be used by any person
who requests access to a government record.
Shall mean the list of costs which shall be adopted by the
Borough Council to be charged to persons for access to and copies
of government records.
Shall mean any information maintained by the Borough in written,
audio, video, electronic or other form.
Shall mean the Borough Business Administrator or such other
individual(s) who shall be designated by the Mayor to enforce the
provisions of this section.
Shall mean any person who requests access to a government
record pursuant to this section or the "Right to Know Law", N.J.S.A.
47:1A-1, et seq.
Shall mean a charge, in addition to the actual cost of duplicating
the government record(s), which shall reflect the expense associated
with extensive use of Borough information, technology or resources,
or the extensive clerical or supervisory assistance by Borough personnel
necessary to provide access to the record(s).
[Ord. #95-27, S 1]
There is hereby established the position of "Government Records
Officer," who shall be the Borough Business Administrator or such
other individual appointed by the Mayor from among the existing employees
of the Borough. The Government Records Officer shall be empowered
to enforce the provisions of this section and of the "Right to Know
Law," N.J.S.A. 47:1A, et seq., by establishing a procedure for providing
access to government records by a requestor. The Officer shall have
custody of or ready access to all government records in the Borough,
shall adopt an access form for use by a requestor when seeking access
to government records and shall make recommendations to the Borough
Council regarding the appropriate fees to be charged to requestors
for access to and copies of government records.
[Ord. #95-27, S 1]
A fee schedule for fees charged to requestors for access to
and copies of government records pursuant to this section shall be
adopted by resolution of the Borough Council. The fee schedule shall
include the following charges:
a.
Any special service charge;
b.
Costs for actual reproduction of government records which shall,
in the case of maps, photographs, site plans, audiotapes, video tapes,
electronic data, or other similar records, include a reasonable charge
for labor and overhead;
c.
Fees for providing access to government records by remote electronic
means or for computer copies of such records, when available, which
fees shall include a reasonable charge for labor and overhead. The
Government Records Officer shall take all steps reasonably necessary
to prevent unauthorized electronic access to or alteration of government
record; and
d.
A statement setting forth the conditions for requiring prepayment
or deposit of fees.
[Ord. #95-27, S 1]
All government records shall be subject to the provisions of
this section unless otherwise provided by law or regulation. Any officer
or employee of the Borough who receives a request for access to a
government record shall forward the completed access form to the appropriate
department head, who shall review the request and submit it, with
any recommendations regarding such access, to the Government Records
Officer for authorization.
[Ord. #95-27, S 1]
The access form shall elicit the name, address and phone number
of the requestor and a brief description of the government record(s)
requested and shall also include the following:
a.
Space for the Government Records Officer to indicate which record(s)
shall be made available;
b.
Specific directions and procedures for requesting records;
c.
The fee schedule;
d.
A statement whether prepayment of fees or a deposit is required;
e.
The time period in which access will be provided;
f.
A statement of the requestor's right to appeal a decision denying
access and the procedure for appealing such decision;
g.
Space for the Government Records Officer to list reasons for his
or her denial of a request for access; and
h.
Space for the Government Records Officer to sign and date the access
form upon its completion.
[Ord. #06-27]
a.
Prohibition on Awarding Public Contracts to Certain Contributors.
1.
Any other provisions of law to the contrary notwithstanding, the
Borough of North Plainfield shall not enter into any agreement or
otherwise contract for goods or services from any business entity
or professional business entity, where the transaction is not required
to be bid publicly under the Local Public Contracts Law, N.J.S.A.
40A:11-1, et seq., if that entity has made any contribution of money,
including in-kind contributions, to any Borough of North Plainfield
municipal candidate or holder of public office having ultimate responsibility
for the award of the contract, or campaign committee supporting such
candidate or officeholder, or to any Borough of North Plainfield or
Somerset County party committee or to any candidate seeking the office
of Somerset County Freeholder, Surrogate or Sheriff, or to any political
action committee (PAC) that regularly engages in the support of municipal
elections and/or municipal parties in North Plainfield, in excess
of the thresholds specified in paragraph a4, within one calendar year
immediately preceding the date of the contract except as amended by
paragraph b below.
2.
No business entity or professional business entity which enters into
negotiations for or agrees to any contract or agreement with the Borough
of North Plainfield for the provision of goods or services, where
the transaction is not required to be bid publicly under the Local
Public Contracts Law, N.J.S.A. 40A:11-1, et seq., shall make any contribution
of money, including in-kind contributions, in excess of the amounts
set forth in paragraph a4, to any Borough of North Plainfield municipal
candidate or holder of public office having ultimate responsibility
for the award of the contract, or campaign committee supporting such
candidate or officeholder, or to any Borough of North Plainfield or
Somerset County party committee or to any candidate seeking the office
of Somerset County Freeholder, Surrogate or Sheriff, or to any political
action committee (PAC) that regularly engages in the support of municipal
elections and/or municipal parties in North Plainfield.
3.
For purposes of this subsection, a "business entity" or "professional
business entity" seeking a public contract means 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 also includes all principals who own
any of the equity in the corporation or business or partnership, trust,
partners and officers in the aggregate employed by the entity, as
well as any subsidiaries directly controlled by the business entity.
4.
Anyone meeting the definition of "business entity" or "professional
business entity" under this subsection may annually contribute a maximum
of $300 each for any purpose to any and every candidate for Mayor
or Council in the Borough of North Plainfield, or $500 to the Borough
of North Plainfield or Somerset County party committee or $500 to
a single or joint campaign account for Somerset County Freeholder
or $500 to a candidate for Surrogate or $500 to a candidate for Sheriff,
or $500 to a PAC referenced in this subsection without violating Paragraphs
a1 or 2 of this subsection.
5.
For purposes of this subsection, the office considered to have ultimate
responsibility for the award of the contract shall be:
(a)
The Borough of North Plainfield Council and the Mayor of the
Borough of North Plainfield, if the contract requires approval or
appropriation from the Council,
(b)
The Mayor of the Borough of North Plainfield, if the contract
requires approval of the Mayor, or if a public officer who is responsible
for the award of a contract is appointed by the Mayor.
b.
Contributions Made Prior to the Effective Date. No contribution of
money or any other thing of value, including in-kind contributions,
made by a professional business entity to any municipal candidate
for Mayor or Council in North Plainfield or North Plainfield municipal
or Somerset County party committee or any candidate for Somerset County
Freeholder, Somerset County Sheriff or Somerset County Surrogate or
PAC referenced in this subsection shall be deemed a violation of this
subsection, nor shall an agreement for property, goods or services,
of any kind whatsoever, be disqualified thereby, if that contribution
was made by the business entity or professional business entity prior
to the effective date of this subsection.
c.
Contribution Statement by Business Entity.
1.
Prior to awarding any contract or agreement to provide goods or services
to any business entity or professional business entity, the Borough
shall receive a sworn statement from the business entity or professional
business entity, made under penalty of perjury, that the entity has
not made a contribution in violation of Paragraph a of this subsection.
2.
The business entity or professional business entity shall have a
continuing duty to report any violations of this subsection that may
occur during the negotiation or duration of a contract. The certification
required under this subparagraph shall be made prior to execution
of a 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.
d.
Return of Excess Contributions. A business entity or professional
business entity or Borough candidate or officeholder or North Plainfield
municipal or Somerset County party committee or PAC referenced in
this subsection may cure a violation of paragraph a of this subsection
if, within 30 calendar days, excluding Sundays and holidays, after
contribution and award of a contract, the business entity or professional
business entity notifies the Mayor or designee, in writing, and seeks
and receives reimbursement of a contribution from the Borough candidate
or candidate for Somerset County Freeholder, Somerset County Sheriff
and/or Somerset County Surrogate or North Plainfield municipal or
Somerset county political party or PAC referenced in this subsection.
e.
Breach of Contract and Disqualification of Contractor.
1.
All Borough contracts or agreements for goods or services that are
exempt from the public bidding requirements of the Local Public Contracts
Law, N.J.S.A. 40A:11-1, et seq., shall provide that it shall be a
breach of the terms of the contract for a business entity or professional
business entity to violate this subsection or to knowingly conceal
or misrepresent contributions given or received, or to make or solicit
contributions through intermediaries for the purpose of concealing
or misrepresenting the source of the contribution.
2.
Any business entity or professional business entity that knowingly
fails to reveal a contribution made in violation of this subsection,
or that knowingly makes or solicits contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution, shall be disqualified from eligibility for future Borough
contracts for a period of two calendar years from the date of the
determination of the violation and shall have any contract with the
Borough then in effect immediately terminated.
[Ord. #06-28]
a.
REDEVELOPER
Definitions.
Shall have the same meaning as set forth in N.J.S.A. 40A:12A-3 and shall include any business entity, as defined in Subsection 2-40.1a3 of the Borough Code, that shall enter into or propose to enter into an agreement with the Borough for the redevelopment of an area in need of redevelopment, or any part thereof, under the provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., or for any construction or other work forming a part of a redevelopment project in the Borough. The term "redeveloper" shall also include any business entity employed by or under agreement with a redeveloper to provide goods or services related to: (1) obtaining the designation or appointment as redeveloper by the Borough; (2) negotiating the terms of a redevelopment agreement with the Borough, or any amendments or modifications thereto; (3) lobbying of the Borough and/or its officials in connection with the examination of an area and its designation as an area in need of redevelopment or in connection with the preparation, consultation and adoption of a redevelopment plan; and, (4) performing the terms of a redevelopment agreement with the Borough.
b.
Prohibition on Awarding Redevelopment Contracts to Certain Redevelopers.
1.
Any other provisions of law to the contrary notwithstanding, the
Borough of North Plainfield shall not enter into any agreement or
otherwise contract with any redeveloper for the planning, replanning,
construction or undertaking of any redevelopment project, including
the conveyance or leasing of any public property in conjunction with
the redevelopment of an area within the Borough, pursuant to the Local
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., if that
redeveloper has solicited or made any contribution of money, or pledge
of a contribution, including in-kind contributions, to any candidate
for the office of Borough of North Plainfield Council, or to any Borough
of North Plainfield or Somerset County party committee, in excess
of the thresholds specified in paragraph b3, within one calendar year
immediately preceding the date of the contract except as amended by
paragraph c below.
2.
No redeveloper which enters into negotiations for or agrees to any
contract or agreement with the Borough of North Plainfield for the
planning, replanning, construction or undertaking of any redevelopment
project, including the conveyance or leasing of any public property
in conjunction with the redevelopment of an area within the Borough,
pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1,
et seq., shall solicit or make any contribution of money, or pledge
of a contribution, including in-kind contributions, in excess of the
amounts set forth in paragraph d, to any candidate for the office
of Borough of North Plainfield Council, or to any Borough of North
Plainfield or Somerset County party committee.
3.
Any individual meeting the definition of "redeveloper" under this
section may annually contribute a maximum of $300 each for any purpose
to any and every candidate for Mayor or Council, or $500 to the Borough
of North Plainfield or Somerset County party committee without violating
Paragraphs a or b of this subsection.
4.
The limitations set forth in this subsection shall not apply in the
event the subject agreement is awarded to a redeveloper after public
bidding undertaken in accordance with the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq. or the Local Lands and Buildings Law, N.J.S.A.
40A:12-1 et seq.
c.
Contributions Made Prior to the Effective Date. No contribution of
money or any other thing of value, including in-kind contributions,
made by a redeveloper to any candidate for the office of Borough of
North Plainfield Council or to any Borough of North Plainfield or
Somerset County party committee shall be deemed a violation of this
subsection, nor shall an agreement for a redevelopment project, of
any kind whatsoever, be disqualified thereby, if that contribution
was made by the redeveloper prior to the effective date of this subsection.
d.
Contribution Statement by Redeveloper.
1.
Prior to entering into or approving any contract or agreement with
any redeveloper, the Borough shall receive a sworn statement from
the redeveloper, made under penalty of perjury, that the redeveloper
has not made a contribution in violation of paragraph a of this subsection.
Such statement shall be submitted within five calendar days of the
redeveloper's application to the Borough of North Plainfield Planning
Board for the redevelopment project.
2.
The redeveloper shall have a continuing duty to report any violations
of this subsection that may occur during the negotiation or duration
of a redevelopment contract. The certification required under this
paragraph shall be made prior to entry into a redevelopment 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.
e.
Return of Excess Contributions. A redeveloper or candidate for the
office of Borough of North Plainfield Council or Borough of North
Plainfield or Somerset County party committee may cure a violation
of paragraph a of this subsection if, within 30 calendar days, excluding
Sundays and holidays, after contribution and award of a contract,
the redeveloper notifies the Borough of North Plainfield Council,
in writing, and seeks and receives reimbursement of a contribution
from the Borough candidate or Borough or County party committee.
f.
Breach of Contract and Disqualification of Contractor.
1.
All Borough redevelopment contracts or agreements shall provide that
it shall be a breach of the terms of the contract for a redeveloper
to violate this subsection or to knowingly conceal or misrepresent
contributions given or received, or to make or solicit contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution.
2.
Any redeveloper that knowingly fails to reveal a contribution made
in violation of this subsection, or that knowingly makes or solicits
contributions through intermediaries for the purpose of concealing
or misrepresenting the source of the contribution, shall be disqualified
from eligibility for future Borough contracts for a period of two
calendar years from the date of the determination of the violation
and shall have any contract with the Borough then in effect immediately
terminated.
[Ord. #06-11, SS 1—10]
a.
For purposes of this section, a "Criminal History Record Background
Check" means a determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with those
on file with the State Bureau of Identification in the Division of
State Police and the Federal Bureau of Investigation.
b.
The Borough requires that, as a condition of being a recreation volunteer
with the Borough, all prospective recreation volunteers, including,
but not limited to, permanent, provisional, temporary and seasonal
volunteers, shall submit to being fingerprinted in accordance with
applicable State and Federal laws, rules and regulations, as a condition
of employment with the Borough.
c.
As a further condition of being a recreation volunteer with the Borough,
all prospective employees, including, but not limited to, permanent,
provisional, temporary and seasonal employees, shall authorize the
Borough, by its duly authorized representative, to exchange fingerprint
data with and receive criminal history record information from the
State Bureau of Identification in the Division of State Police and
the Federal Bureau of Investigation.
d.
In order to obtain criminal history record information pursuant to
this section and N.J.S.A. 40:48-1.4, the Borough shall submit the
fingerprint data for prospective volunteers to the State Bureau of
Identification in the Division of State Police. The State Bureau shall
receive all criminal history record information from the Federal Bureau
of Investigation and shall disseminate that information to the Borough.
e.
The Borough shall conduct a criminal history record background check
of a prospective volunteer only upon receipt of the written authorization
and consent to the criminal history background check from the prospective
volunteer. A form for the authorization and consent to said background
check shall be provided to each prospective volunteer. Failure to
submit a fully signed and witnessed written authorization and consent
form shall be grounds to rescind any volunteer position.
f.
The Borough shall bear the costs associated with conducting criminal
history record background checks.
g.
An individual shall be disqualified from serving as recreation volunteer
of the Borough if that prospective volunteer's criminal history record
background check reveals a record of conviction of any of the following
crimes and/or offenses:
1.
In New Jersey, any crime against the family, children or incompetents,
including, but not limited to those crimes and disorderly persons
offenses set forth in N.J.S.A. 2C:7-1 to 11 (commonly referred to
as Megan's Law) or N.J.S.A. 2C:24-1 et seq.;
h.
All prospective recreation volunteers, upon receiving a conditional
offer of employment, shall submit their name, address, fingerprints
and written consent to the Borough for the criminal history record
background check to be performed. All conditional offers of employment
shall be specifically subject to the prospective employee passing
the criminal history record background check, along with any other
requirements as provided by law and/or requested by the Borough.
i.
Access to criminal history record background information of prospective
employees obtained under this section for employment purposes is restricted
to authorized personnel of the Borough on a need to know basis, as
may be authorized by Federal or State statute, rule or regulation,
executive order, administrative code, this section and/or resolution
regarding obtaining and dissemination of criminal history record background
information. Said employees are the Borough Administrator, Borough
Personnel Officer, Police Chief, Mayor, Borough Attorney and Borough
Labor Counsel and those other employees designated in writing by the
Mayor.
j.
Criminal history record background information shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Said records are not
public records under the Open Public Records Act.
[Ord. #07-11, S 1; amended 11-14-2022 by Ord. No. 22-10]
Persons who are seeking to be married or joined in civil union
ceremony by the Mayor (or designee as permitted by law) of the Borough
of North Plainfield shall pay to the Borough of North Plainfield a
fee of:
a.
$125 if the marriage/civil union ceremony is conducted within the
geographic boundaries of the Borough of North Plainfield and occurs
any time between Monday through and including Friday;
b.
$125 if the marriage/civil union ceremony is conducted within the
geographic boundaries of the Borough and occurs any time on Saturday
and/or Sunday;
c.
$150 if the marriage/civil union ceremony is conducted outside the
geographic boundaries of the Borough of North Plainfield on any day.
|
In addition, there shall be an administrative fee of $25 added
to each marriage/civil union ceremony in all of the categories above.
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The Mayor or designee shall obtain payment for his/her services
in accordance with Borough Policy for payment for services rendered
(voucher or other procedures).
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[Ord. 09-10 S 1]
This section shall be known as the "North Plainfield Sunshine
Act" and is referred to herein as the "Act."
[Ord. 09-10, S 2]
The Borough of North Plainfield finds that good government depends
on knowledgeable citizens who have broad access to government meetings
and who have inexpensive access to a wide range of government information.
Such access enables them to fully participate in public affairs, help
determine governmental priorities and hold their public officials
accountable. It is therefore the policy of the Borough of North Plainfield
to:
a.
Make agendas, minutes, resolutions, ordinances and certain other
records as promptly available as possible;
b.
Have meaningful electronic versions of certain government records
available at an affordable cost;
c.
Make photocopies of records available at an affordable cost;
d.
Open as many meetings of government officials to the public as allowed;
e.
Increase the opportunities for public participation at all government
meetings and make such participation more meaningful; and,
f.
To otherwise endeavor to make the Borough of North Plainfield government
a model of openness.
[Ord. 09-10, S 3]
This Act shall apply to the Borough Council and all authorities,
boards and commissions, or other group of two or more persons organized
under the laws of the State and created by the Borough of North Plainfield,
to the extent that such agencies come within the definition of "public
body" pursuant to the Open Public Meetings Act, N.J.S.A. 10:4-6 et
seq. All bodies shall collectively be referred to herein as "bodies."
[Ord. 09-10, S 4]
All meetings as defined by the provisions of N.J.S.A. 10:4-6 et seq. of all bodies, except as noted in Subsection 2-43.7 herein, shall be open to the public and subject to the adequate notice and other provisions of the Open Public Meetings Act and this Act, and the public may be excluded from such meetings only when permitted by N.J.S.A. 10:4-12(b), which shall be construed in favor of open meetings to the extent possible in allowing government to function appropriately. All meetings of all bodies shall be conducted in accordance with the rules of procedure adopted by the bodies individually in question, which shall be filed with the Borough Clerk.
[Ord. 09-10, S 5]
With the exception of emergency meetings called in accordance
with N.J.S.A. 10:4-9, advance public notice of all bodies' regular,
special or rescheduled meetings shall be given at least 48 hours prior
to the meeting and shall include the time, date, location and shall
accurately state whether formal action may or may not be taken. This
shall be done even if the body has published an annual listing of
its regular meetings in accordance with N.J.S.A. 10:4-18. No ordinance
shall be introduced or given a second reading and no resolution shall
be passed at any regular, special or rescheduled meeting unless notice
of such is contained in the published agenda. The agenda, in draft
form, shall be available at least 48 hours in advance and any revised
agenda must be made available no later than 1:00 p.m. the day of the
meeting. Urgent matters shall be addressed at emergency meetings called
in accordance with N.J.S.A. 10:4-9.
[Ord. 09-10, S 6; amended 7-12-2021 by Ord. No. 21-09]
a.
Meetings of the Borough Council shall be conducted in an orderly
manner to ensure that the public has had a full opportunity to be
heard and that the deliberative process is retained at all times.
This also includes meetings of all other boards, bodies and commissions
created by the Borough Council of the Borough of North Plainfield.
The Council President or other presiding officer shall be responsible
for maintaining the order and decorum of Council meetings. The Chair
of the various applicable boards, bodies and/or commissions shall
be responsible for maintaining the order and decorum of their applicable
meetings.
b.
While any meeting is in session, the following rules of order and
decorum shall be observed:
1.
Persons Addressing the Meeting. Each person who addresses the meeting
shall do so in an orderly manner. Any person who utters physically
threatening, patently offensive and/or abusive language, and/or engages
in any other conduct which disrupts, disturbs or otherwise impedes
the orderly conduct of any meeting shall, at the discretion of the
Council President or other presiding officer or a majority of the
Council members, be asked to refrain from such conduct. Such acts
shall be considered as a breach of decorum and disruption of a public
meeting. This also applies to the Chair or a majority of the members
of any applicable board, body and/or commission as to their respective
meeting.
2.
Audience. No person at a meeting shall engage in disorderly or boisterous
conduct, including the utterance of loud, physically threatening or
abusive language, or other acts which disturb, disrupt or otherwise
impede the orderly conduct of any meeting and the ability of the public
to hear or participate. Such acts shall be considered as a breach
of decorum and disruption of a public meeting. Any person who conducts
himself/herself in the aforementioned manner shall, at the discretion
of the Council President or other presiding officer or a majority
of the Council, be requested to refrain from such conduct. This also
applies to the Chair or a majority of the members of any applicable
board, body and/or commission as to their respective meeting.
3.
Personal Comments. All statements are part of the public record and
cannot be redacted.
c.
The public is encouraged to address the members or comment on any
governmental issue that a member of the public feels may be of concern
to the residents of the Borough of North Plainfield during the following
portions of the meeting:
1.
Hearings. The meeting shall be opened for public comment at the appropriate
point on the agenda for any hearing with respect to an ordinance or
other specific matter required by law. Each person wishing to speak
shall be provided with five minutes for hearings on ordinances or
other items requiring a hearing by law and shall limit his or her
comments to the matter at hand. The time clock shall be stopped during
any discussions amongst the Mayor, Council and/or administration during
the speaker's time or applicable Chair and/or members of the applicable
meeting.
2.
Open Public Business Meetings. During this period of the agenda,
a member of the public is encouraged to comment on any governmental
issue that a member of the public feels may be of concern to the residents
of the Borough of North Plainfield. The maximum that any individual
speaker shall be allotted is five minutes per speaker and the length
of the public comment session shall be no more than 30 minutes each
session if there are sufficient speakers to fill this time. The length
of the public comment section may be extended beyond 30 minutes only
at the applicable body's sole discretion.
d.
No person shall address the meeting without first being recognized
by the Council President or other presiding officer or Chair or applicable
presiding officer of the applicable board, body and/or commission.
The following procedures shall be observed by persons addressing the
members:
1.
Each person shall step to the microphone provided for the use of
the public and shall state his or her name and address; the organization,
if any, which he or she represents; and, if during the open public
session of the meeting, the subject he or she wishes to discuss. Children
under 18 shall not be required to give their last name or address.
2.
During any hearing with respect to an ordinance or other specific
matter required by law, speakers shall limit comments to the specific
ordinance or matter on the agenda. Speakers may be requested not to
be repetitious.
3.
All remarks shall be addressed to the body as a whole.
e.
All meetings shall be adjourned by the Council President or other
presiding officer not later than 10:30 p.m., except the meeting may
be extended by a vote of 2/3 of the members present.
f.
Enforcement of Decorum. The rules of decorum set forth above shall
be enforced in the following manner:
1.
The Council President or other presiding officer or the Chair or
other applicable presiding officer of the applicable body, board and/or
commission shall request that a person who is breaching the rules
of decorum and/or engaging in disruptive behavior to be orderly.
2.
If, after receiving a warning from the Council President or other
presiding officer or the Chair or other applicable presiding officer
of the applicable body, board and/or commission to be orderly, a person
persists in disturbing the meeting, breaching the rules of decorum
and/or engaging in disruptive behavior, the Council President or other
presiding officer may order a temporary recess.
3.
If the person repeatedly continues to disturb the meeting, breach
the rules of decorum and/or engage in disruptive behavior, the Council
President or other presiding officer or the Chair or other applicable
presiding officer of the applicable body, board and/or commission
may request that person to leave the meeting.
4.
If such person does not leave the meeting and/or continues to disturb
the meeting, breach the rules of decorum and/or engage in disruptive
behavior, the Council President or other presiding officer or the
Chair or other applicable presiding officer of the applicable body,
board and/or commission may order any law enforcement officer to remove
that person from the chambers.
5.
If a meeting is disturbed or disrupted in such a manner as to make
the restoration of order infeasible or improbable, the meeting may
be adjourned and/or continued by the Council President or other presiding
officer or a majority of the members or the Chair or other applicable
presiding officer of the applicable body, board and/or commission,
and any remaining business may be considered at the next meeting.
g.
Subject to the requirements of any Executive Order issued during a declared health or other emergency regarding the conducting of remote or virtual meetings of any governmental entity, the provisions of this § 2-43.6 shall also apply to the maximum extent permitted in the virtual meeting format and proceedings.
[Ord. 09-10, S 7]
Any resolution authorizing any meeting from which the public
is excluded shall, in addition to the provisions of N.J.S.A. 10:4-13,
describe the topic or topics to be discussed or acted upon as specifically
as possible without undermining the purpose for holding the nonpublic
meeting and be read aloud at the public meeting at which it is passed.
[Ord. 09-10, S 8]
The Borough Clerk or his designee shall sound record all meetings
of all bodies, including emergency meetings, except closed meetings,
and shall retain the recordings for a period of six years. Any member
of the public may also make his or her own audio recordings of any
public meeting unless the audio recording process is unduly disruptive.
All sound recordings maintained by the Borough Clerk or his designee
shall be public records. The Borough Clerk shall have the right to
request a copy of any audio recording made by a member of the public;
reproduction costs for such shall be borne by the Borough.
[Ord. 09-10, S 9]
Meeting minutes shall be comprehensive as provided by law and
shall report the identity of every member of the public who spoke
and a synopsis of what was said. Minutes of public meetings shall
be publicly available in draft form and marked as such within seven
business days after the meeting. Minutes of nonpublic meetings shall
be publicly available within five business days after the meeting
at which the minutes are approved in accordance with law, except that
text may be excised or redacted from the minutes to the extent necessary
to prevent the purposes of the closed meeting from being undermined.
Minutes of public meetings shall be approved at the following regularly
scheduled meeting. Closed session minutes shall also be approved at
the following regularly scheduled meeting, but shall not become available
to the public until such may be made available by law.
[Ord. 09-10, S 10]
Each body shall, in April and October of each year, review its
nonpublic meeting minutes and determine whether the passage of time
or the occurrence of events permit the public disclosure of matters
covered under the body's closed meeting minutes to determine if they
may be made available to the public. The results of each review shall
be announced at a public meeting following the review.
[Ord. 09-10, S 11]
The following records, created and/or maintained by any body,
shall be made available to the public on the Borough of North Plainfield
Internet website:
a.
All meeting notices and meeting agendas not subject to closed meetings or executive sessions, as provided for in Subsection 2-43.5 above, shall be made available at least 48 hours prior to the meeting, except for emergency meetings.
b.
1.
All proposed resolutions and ordinances, as finally revised, shall
be made available on the Borough's website 48 hours prior to the meeting
in question.
2.
Resolutions and ordinances passed or enacted shall be designated
as such and made available on the Internet site within five business
days after being passed or enacted with their titles arranged in chronological
order with hyperlinks to each resolution or ordinance. Said resolutions
and ordinances shall remain posted on the Borough's website for two
years from the date of posting.
c.
All meeting minutes shall be prepared and made available on the Internet site within the time periods set forth in Subsection 2-43.9 above. If the minutes as approved are identical to the draft version, the draft designation on the Internet site shall be replaced with a designation indicating that the minutes are approved. Otherwise, the draft version of the minutes shall remain and the approved version, designated as such, shall be made available on the Internet within five business days after approval. Approved versions of closed meetings shall be made available on the Internet site within five business days after the decision to disclose previously redacted matter. Said minutes shall remain posted on the Borough's website for two years from the date of posting.
d.
An up-to-date compilation of the Borough's Ordinance, which may be
provided via a link to another site.
e.
A current roster of all local government officers of the Borough,
as that term is defined by the Local Government Ethics Law, N.J.S.A.
40A:9-22.1 et seq. The roster shall list each officer's full name,
position, office telephone number, term expiration date and email
address, if they have such.
f.
A current roster, updated quarterly, of the members of each body,
listing the full name of the member and the term expiration date.
g.
The complete text of N.J.S.A. 10:4-6 et seq., as amended and supplemented.
h.
All official advertisements, as that terms is defined by N.J.S.A.
35:1-1 et seq., shall be made available on the Borough's website at
the same time they are distributed to the newspapers designated to
receive such advertisements.
i.
Copies of the Tort Claim forms filed with the Borough pursuant to
the provisions of N.J.S.A. 59:1-1 et seq.
j.
The roster of the names and addresses, updated yearly, of the officers
and members of the various Borough municipal committees of political
parties as that term is defined by Title 19 of the New Jersey Statutes.
[Ord. 09-10, S 12]
The Borough Administrator and the Borough Clerk shall arrange the government records under their control so that electronic copies of the records can be promptly and inexpensively provided to the public upon receipt and approval of a request for records under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., so long as they meet the requirements of Subsection 2-43.14 below.
[Ord. 09-10, S 13]
Neither the Borough nor any of its attorneys, insurers or other
agents shall settle or adjust a lawsuit in which the Borough or any
of its employees or officials are parties if the settlement agreement
requires the amount and terms of the settlement or adjustment to remain
confidential, unless such confidentiality is required by law or court
order. Whenever such a lawsuit is settled or adjusted, the Mayor or
designee shall publicly report at the next regular Borough Council
meeting that a settlement has been reached and shall file a copy of
the settlement agreement with the Borough Clerk, where a copy shall
remain on file for one year.
[Ord. 09-10, S 14]
The fee for providing photocopies of records shall be as per
the provisions of N.J.S.A. 47:1A-1 et seq., except no more than $0.25
per page. The fee for audio tapes, video tapes and CD-ROMs shall be
pursuant to law. Copies of maps shall be available at $2 per square
foot or part thereof. If any record is to be sent through the mail,
the cost of postage shall be added to the fee. If any record requested
is to be faxed, a cost of $0.25 per page shall be added to the fee.
All other records shall be made available at the cost of production.
All fees shall be prepaid before the record is issued. Nothing herein
is intended to prevent the Borough Clerk from assessing a higher charge
when: (a) the actual cost of production including, but not limited
to, materials and supplies used to make a copy of the record, exceeds
the fees provided for in this section; or (b) a special service charge
is authorized by the Open Public Records Act. All materials requested
by the applicant shall be received or made available to the applicant
within seven business days of the request, pursuant to the Open Public
Records Act. Any denial to provide such records must be made in writing
with an explanation of the denial.
[Ord. 09-10, S 15]
This subsection shall take effect on January 1, 2010 and shall
be published as required by law.
[Ord. 09-10, S 16]
This subsection shall be construed in accordance with the Open
Public Meetings Act and Open Public Records and shall be liberally
construed to effectuate its findings and purposes.
[Ord. No. 2015-01]
a.
The Tax Collector shall provide any party entitled to redeem a certificate
two calculations of the amount required for redemption within one
calendar year at no cost.
b.
Each and every additional request by a party after the two calculations
of the amount required to redeem shall be provided to the party for
a fee of $50 per request.
c.
All requests for any redemption calculation, whether at no cost or
at a fee, shall be made in writing to the Tax Collector.
[Ord. No. 2015-01]
a.
A Plaintiff (except the Borough) seeking to foreclose a tax lien
shall not recover any search fees, counsel fees or other fees when
foreclosing on a tax lien unless the Plaintiff gives all persons entitled
to redeem 30 calendar days' written notice, by certified mail return
receipt requested, of the intention to file this complaint.
b.
The notice shall include the amount due on such tax lien as of the
date of the notice.
c.
The Tax Collector shall charge the lien holder seeking to file the
foreclosure complaint a fee of $50 for the calculation of the amount
due to redeem the tax lien.
1.
A request for the redemption calculation shall be in writing and
clearly specify the date for the calculation, which shall be the date
of the notice.
2.
Neither the Tax Collector nor the Borough shall be liable in any
way, shape or form from an incorrect calculation.
3.
The fee paid to the Borough under this section shall not become part
of the lien and shall not be passed on to any party entitled to redeem
the tax lien pursuant to N.J.S.A. 54:5-54.
