[1971 Code § 2-8.1; New]
The following departments, officers, boards and commissions
have been established in the Borough of Matawan:
a. Departments.
4. Department of Public Works.
c. Boards and Commissions.
1. Unified Planning/Zoning Board of Adjustment.
2. Board of Health Advisory Committee.
4. Environmental Commission.
5. Historical Sites Commission.
8. Redevelopment Commission.
[1971 Code § 2-8.2]
The head of a department, subject to the Code and the approval
or direction of the Council, shall:
a. Prescribe the internal organization of the work of the Department.
b. Direct and supervise subordinate officers and employees of the Department
and make, alter and enforce individual work assignments.
c. Approve or disapprove payrolls, bills and claims chargeable to departmental
appropriations.
d. Maintain records of work performance and unit costs thereof as may
be approved or required by the Council.
e. Provide information and reports on the work of the Department as
may be required by the Council.
f. Exercise other or different powers of administrative supervision
and direction which the Council may delegate.
[1971 Code § 2-9.1]
The financial business of the Borough shall be conducted by
the Chief Financial Officer appointed by the Mayor and Council.
[1971 Code § 2-8A; New]
The position of Chief Financial Officer within the Department
of Finance is hereby created pursuant to the provisions of N.J.S.A.
40A:9-140.10.
The Chief Financial Officer shall hold a Municipal Financial
Officer's Certificate or shall be otherwise qualified in accordance
with the rules and regulations promulgated by the Department of Community
Affairs.
The Chief Financial Officer, unless tenured, shall be appointed
by the Mayor with the advice and consent of the Council for a term
of four years.
The Chief Financial Officer shall be subject to tenure when
reappointed by the Mayor and Council and pursuant to regulations promulgated
by the State of New Jersey.
[1971 Code 2-9.2]
a. Borough Treasurer. Within the Department of Finance there shall be
a Division of the Treasury, the head of which shall be the Borough
Treasurer. The Treasurer shall be appointed by the Mayor with the
advice and consent of the Council to serve for a term of one year.
b. Powers and Duties of the Treasurer. The Treasurer shall have, perform
and exercise all the functions, powers and duties provided by general
law and Borough ordinances. He shall keep and maintain books and records
of all financial transactions of the Borough in accordance with the
standards and requirements of the Division of Local Finance in the
Department of Community Affairs of the State of New Jersey. He shall
have custody of all public moneys of the Borough and shall make monthly
reports to the Council of all receipts, expenditures, commitments
and unexpended appropriations. All moneys received from any source
by or on behalf of the Borough or any department, board, office or
agency thereof, except as otherwise provided by Borough ordinance,
shall be paid to the Treasurer who shall, by the next ensuing bank
day after their receipt, deposit them in the authorized public depository
of the Borough to the credit of the proper account.
c. Disbursements. Disbursements in payment of bills and demands shall
be made by the Treasurer upon his pre-audit and approval by the Council,
except that payments from the payroll account shall be made pursuant
to paragraph d below. Every warrant shall be in the form of a warrant-check
payable to the order of the person entitled to receive it and shall
specify the purpose for which it is drawn and the account or appropriation
to which it is chargeable. Each warrant-check shall bear the signatures
of the Mayor or Council President, the Municipal Clerk, and the Treasurer.
d. Payroll Account. There shall be an account to be designated the Borough
of Matawan Payroll Account and from time to time the Borough Treasurer,
on receipt of a warrant or an amount due the payroll account, shall
deposit it to the credit of the payroll account, charging the appropriate
budgetary accounts therewith. Disbursement from the payroll account
may be made by payroll checks signed by the Treasurer or, in his absence,
by the Municipal Clerk upon pre-audit by the Treasurer and approval
by the Council of the entire payroll. In case of error or adjustment
in the payroll, the Treasurer shall make proper correction and appropriate
record thereof.
e. Travel Expenses. Itemized claims supported by receipts, where available,
shall be presented in order to obtain reimbursement for expenses incurred
by local officials where authorized to travel by the Borough.
f. Contracts and Change Orders. All contracts and change orders pursuant
to an appropriation or ordinance shall be approved by a resolution
of the Borough Council after receipt by the Borough Council of a legal
opinion as to the propriety of such contract or change order and a
certification or affidavit from the treasurer that funds are available
for the same.
[1971 Code § 2-9.3]
Within the Department of Finance there shall be a Division of
Tax Collection, the head of which shall be the Borough Tax Collector.
The Tax Collector shall possess all the powers and duties established
by law. The Collector shall enter in suitable books to be kept for
that purpose the sums received by him each day for taxes, with the
names of the persons on whose account the same shall have been paid;
shall keep a record and account of the finances of the Borough, and
shall, within 60 days after the end of the fiscal year, or when otherwise
required by the Council, make and furnish a report thereof, with a
detailed and true statement of all moneys received by him and disbursed
therefrom and for what purposes, from the commencement of his official
year to the date of his report, or for such period as the Council
may require, and a list of delinquent taxpayers for the previous year.
He shall file the report, with two copies of the statement and list
of delinquents, with the Municipal Clerk within the time hereinabove
specified or when otherwise required by the Council. He shall, as
necessary and as directed, arrange for and conduct sales of real estate
for delinquent taxes.
[New]
a. Tax Collector; Appointment. Pursuant to N.J.S.A. 40A:9-141 et seq.,
there shall be a Tax Collector who shall be appointed by the Mayor
with the advice and consent of the Borough Council.
b. Qualifications. No person shall be appointed or reappointed as Tax
Collector unless he shall hold a Tax Collector's Certificate issued
pursuant to N.J.S.A. 40:9-145.3. Any Tax Collector appointed pursuant
to this section may obtain tenure pursuant to the provisions of N.J.S.A.
40A:9-144 or 40A:9-145. Any person who shall be reappointed Tax Collector
subsequent to having received a Tax Collector's Certificate pursuant
to N.J.S.A. 40A:9-144.3 and having served as Tax Collector or who
has performed the duties of Tax Collector for not less than four consecutive
years immediately prior to such reappointment shall have acquired
tenure and shall hold his or her office during good behavior and efficiency
and shall be removed only for good cause shown and after a proper
hearing before the Director of the Division of Taxation or his designee
in accordance with the provisions of N.J.S.A. 40A:9-145.8.
c. Term of Office. The Tax Collector shall hold his office for a term
of four years from January 1 next following his appointment. Vacancies
other than due to the expiration of term shall be filled by appointment
for the unexpired term.
d. Compensation. The Tax Collector shall receive compensation as established
annually by the Borough Council.
[1971 Code § 2-9.4]
Within the Department of Finance there shall be a Division of
Tax Assessments, the head of which shall be the Tax Assessor.
[1971 Code § 2-9.4; New]
a. Tax Assessor; Appointment. Pursuant to N.J.S.A. 40A:9-146, there
shall be a Tax Assessor who shall be appointed by the Mayor with the
advice and consent of the Borough Council.
b. Qualifications and Duties.
1. The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq., and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law. In accordance with the provisions
of N.J.S.A. 54:3-16, the Assessor, when making assessments, shall
be governed by directions by the Monmouth County Tax Administrator.
These directions shall be pursuant to rules adopted by the Monmouth
County Tax Board.
2. The Tax Assessor shall:
(a)
Have, perform and discharge all the functions, powers and duties
prescribed by law for a Municipal Assessor.
(b)
Maintain adequate assessment records of each separate parcel
of real property assessed or exempted.
(c)
Maintain a current tax map of the Borough as a public record
and cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other departments as provided by the Code.
(d)
Report to the Council as to equalization proceedings and other
matters involving the County Tax Board and make recommendations as
to action to be taken in that regard.
(e)
The Office of the Tax Assessor shall be open to the public and
the Tax Assessor shall be personally present at the Tax Assessor's
Office in the Borough Hall at least six hours per week for a minimum
number of hours weekly as contained in a resolution of appointment
or amendment thereto.
(f)
In addition to the Assessor's office hours, the Tax Assessor
shall devote that time reasonably necessary for the accomplishment
of his tasks.
c. Compensation. The Tax Assessor shall receive compensation as established
annually by the Borough Council. The Tax Assessor is recognized as
a part-time employee of the Borough of Matawan and is ineligible for
health benefits from the Borough of Matawan.
d. Term of Office. The Tax Assessor shall hold office for a term of
four years. Vacancies other than due to expiration of term shall be
filled by appointment for the unexpired term.
[1971 Code § 2-9.5]
The Tax Searcher shall be appointed by the Mayor, with the advice
and consent of the Council, and shall ordinarily be the Tax Collector.
The Assessment Searcher shall be appointed in like manner, and shall
ordinarily be the Borough Clerk.
[Added 9-8-2021 by Ord. No. 21-16]
a. Claimant
certification cannot be waived for the advance or reimbursement of
employee expenses, or for services provided exclusively and entirely
by an individual (e.g., sole proprietors).
b. Claimant
certification will not be required from claimants that do not provide
such certification as part of its normal course of business unless
the payment is for the advance or reimbursement of employee expenses
or for services provided exclusively and entirely by an individual.
c. Claimant
certification will not be required for payments to be made without
vendor or claimant certification where ordering, billing and payment
transactions are made through a computerized electronic transaction
utilizing standard electronic funds transfer technologies.
[Added 8-4-2021 by Ord. No. 21-13]
a. Local
Cannabis Transfer Tax.
1. The
Borough of Matawan hereby adopts and imposes a Local Cannabis Transfer
Tax on the sale of any cannabis or cannabis items by any cannabis
business within the Borough, which Local Cannabis Transfer Tax shall
be imposed upon all:
(a) Receipts from the sale of cannabis by a cannabis cultivator to another
cannabis cultivator;
(b) Receipts from the sale of cannabis items from one cannabis business
to another cannabis business;
(c) Receipts from the retail sales of cannabis items by a cannabis retailer
to retail consumers who are 21 years of age or older; and
(d) Any combination of any of the above-listed transfers.
2. The Local Cannabis Transfer Tax established pursuant to Subsection
a1 hereinabove shall be charged at the following rates upon cannabis businesses within the Borough:
(a) Two percent of the receipts from each sale by a cannabis cultivator;
(b) Two percent of the receipts from each sale by a cannabis manufacturer;
(c) One percent of the receipts from each sale by a cannabis wholesaler;
and
(d) Two percent of the receipts from each sale by a cannabis retailer.
b. Local
Cannabis User Tax.
1. The Borough of Matawan hereby adopts and imposes a Local Cannabis User Tax, at the same and equivalent rates as established for the Local Cannabis Transfer Tax rates set forth in Subsection
a2 hereinabove.
2. The Local Cannabis User Tax shall be imposed upon any concurrent license holder operating more than one cannabis business, and shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the Local Cannabis Transfer Tax imposed pursuant to Subsection
a hereinabove, from the license holder’s business that is located in the Borough to any of the other license holder’s businesses, whether located in the Borough or in another municipality.
c. Other
Local Cannabis Tax Regulations.
1. The
Local Cannabis Transfer Tax and User Tax imposed pursuant to this
section shall be in addition to any other tax imposed by law.
2. The
Local Cannabis Transfer Tax and User Tax shall be collected or paid
and remitted to the Borough by the cannabis business from the cannabis
business purchasing or receiving the cannabis or cannabis item, or
from the consumer at the point of sale, on behalf of the Borough by
the cannabis retailer selling the cannabis item to that consumer.
3. The
Local Cannabis Transfer Tax and User Tax shall be stated, charged,
and shown separately on any sales slip, invoice, receipt, or other
statement or memorandum of the price paid or payable, or equivalent
value of the transfer, for the cannabis or cannabis item.
4. Every
cannabis business required to collect the Local Cannabis Transfer
Tax and User Tax imposed by this section shall be personally liable
for the Local Cannabis Transfer Tax and User Tax imposed, collected,
or required to be collected under this section. Any cannabis business
shall have the same right with respect to collecting the Local Cannabis
Transfer Tax and User Tax from another cannabis business or the consumer
as if the Local Cannabis Transfer Tax or User Tax was a part of the
sale and payable at the same time, or with respect to non-payment
of the Local Cannabis Transfer Tax and User Tax by the cannabis business
or consumer, as if the Local Cannabis Transfer Tax and User Tax was
a part of the purchase price of the cannabis or cannabis item, or
equivalent value of the transfer of the cannabis or cannabis item,
and payable at the same time; provided, however, that the Chief Financial
Officer of the Borough shall be joined as a party in any action or
proceeding brought to collect a Local Cannabis Transfer Tax and User
Tax.
5. No cannabis
business required to collect the Local Cannabis Transfer Tax and User
Tax pursuant to this section shall advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the Local Cannabis Transfer Tax and User Tax will not be separately
charged and stated to another cannabis business or the consumer, or
that the Local Cannabis Transfer Tax and User Tax will be refunded
to the cannabis business or the consumer.
6. All
revenues collected from the Local Cannabis Transfer Tax and User Tax
pursuant to this section shall be remitted to the Chief Financial
Officer of the Borough. The Chief Financial Officer shall collect
and administer the Local Cannabis Transfer Tax and User Tax imposed
by this section. The Borough shall enforce the payment of delinquent
Local Cannabis Transfer Tax and User Tax in the same manner as provided
for municipal real property taxes.
7. In the
event that the Local Cannabis Transfer Tax and User Tax imposed by
this section is not paid as and when due by a cannabis business, the
unpaid balance, and any interest accruing thereon, shall be a lien
on the parcel of real property comprising the cannabis business in
the same manner as all other unpaid municipal taxes, fees, or other
charges. The lien shall be superior and paramount to the interest
in the parcel of any owner, lessee, tenant, mortgagee, or other person,
except the lien of municipal taxes, and shall be on a parity with
and deemed equal to the municipal lien on the parcel for unpaid property
taxes due and owing in the same year. In the event of a delinquency,
the Chief Financial Officer shall file with the Tax Collector a statement
showing the amount and due date of the unpaid balance and identifying
the lot and block number of the parcel of real property that comprises
the delinquent cannabis business. The lien shall be enforced as a
municipal lien in the same manner as all other municipal liens are
enforced.
[Added 10-6-2020 by Ord. No. 20-08]
a. The purpose
and intent of these regulations is to abide by the requirements of
N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq., governing electronic
disbursement controls for payroll purposes
b. Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:
APPROVAL OFFICER
Person(s) responsible for authorizing and supervising the
activities of the payroll service.
a. The Borough
is authorized to use a payroll service to prepare payment documentation,
take possession of Borough funds, and make such disbursements itself
on behalf of the Borough.
b. The following
payroll service providers shall be required to comply with these regulations:
1. Payroll
service providers who use their own customized programming process
to execute disbursements for the Borough.
2. Payroll
service providers who use a third-party processor to execute disbursements
for the Borough.
a. The appointment
of a payroll service shall be pursuant to the Local Public Contracts
Law (see N.J.S.A. 40A:11-1 et seq.) and shall require the contractor
to do the following, not by way of limitation: data collection, agency
report preparation, calculation of withholding, direct deposit of
payroll disbursements and/or transfer of Borough funds to contractor's
account for subsequent disbursement of payment.
b. Any renewal
or extension of a contract under these regulations shall be by resolution.
c. The Chief
Financial Officer is hereby appointed the approving officer and is
responsible for authorizing and supervising the activities of the
payroll service and shall further be charged with the reconciliation
and analysis of all general ledger accounts affected by the activities
of the disbursing organization.
d. If required
by the contract between the Borough and the payroll service, the payroll
service is permitted to hold the Borough funds pending transmittal
to a payee.
a. A payroll
service must meet all the following requirements:
1. Report
any irregularities that may indicate potential fraud, noncompliance
with appropriate laws, dishonesty or gross incompetence on the part
of the approval officer;
2. Report
circumstances that could jeopardize its ability to continue operations
or otherwise interrupt the services provided by the Borough.
b. A payroll
service must meet the requirements of N.J.A.C. 5:30-17.5, requiring
that the approval officer be assured that the servicer has its own
internal controls and appropriately guard against theft and other
adverse conditions.
c. All contracts
entered into pursuant to these regulations and the laws authorizing
the same shall comply with the requirements of N.J.A.C. 5:30-17.6,
which sets out a series of mandatory contractual terms and conditions.
Upon the adoption of these regulations, the Borough Administrator,
with the assistance of the Chief Financial Officer and the Borough
Attorney, as necessary, is hereby authorized and directed to enter
into a contract for payroll service in accordance with all local public
contracting laws and N.J.A.C. 5:30-17. Appointment of the payroll
service shall be by separate resolution of the Borough.
Editor's Note: The establishment, maintenance, regulation and control of the Municipal Police Department is provided for in N.J.S.A. 40:47-1 et seq. For regulations concerning hiring, promotions, suspensions, hours of employment and longevity payments, see Chapter
9, Personnel Polices; Article
II, Policies Relating to the Police Department.
[1971 Code § 8-1; Ord. No. 94-8; Ord. No. 98-10; Ord. No. 00-07 § 1; Ord. No. 08-11; Ord. No. 14-01; Ord. No. 2016-10; Ord. No. 2016-11; Ord.
No. 2017-01; Ord. No. 2018-17; amended 3-7-2023 by Ord. No. 2023-05; 8-13-2024 by Ord. No. 2024-15]
The Police Department of the Borough of Matawan is hereby established
and shall consist of a Chief of Police, one Captain, three Lieutenants,
no more than six Sergeants, no more than 20 Patrol Officers, such
Class I, Class II and Class III Special Law Enforcement Officers as
authorized by State Statute (N.J.S.A. 40A:146.14-17); and recommended
by the Chief of Police; two Police Matrons; such School Crossing Guards
as recommended by the Chief of Police; one Records Clerk; one Confidential
Administrative Assistant and such other employees as may be appointed
by the governing body upon recommendation by the Chief of Police.
The above ranks need only be occupied pursuant to the needs of the
Department and all appointments are made at the discretion of the
Mayor and Council upon receipt and consideration of the recommendations
of the Chief of Police.
[1971 Code § 8-2]
All members of the Police Department shall be appointed by the
Borough Council upon recommendation of the Police Committee and shall
hold office as provided by law.
[1971 Code § 8-3; Ord. No. 01-24 § 1; Ord. No. 10-03 § 1; amended 2-5-2019 by Ord. No. 19-01]
a. The Police Department of the Borough shall be under the supervisory
control of the Borough Council Police Committee, created by authority
of N.J.S.A. 40A:14-118.
b. The Borough Administrator, in consultation with the Police Commissioner,
is hereby designated as the "appropriate authority" relating to Police
Department for the adoption and promulgation of rules and regulations
for the government of the police force and the discipline of its members
as ratified by the Council Police Committee. The Commissioner shall
work in consultation with the Police Committee of Council and the
Borough Administrator. The Borough Administrator shall be responsible
for daily communication with the Police Chief and report to the Council
Police Committee of the Borough of Matawan for overall performance
of the Police Department.
c. Except as provided in N.J.S.A. 40A:14-118, the governing body and
its members shall act in all matters concerning the Police Department,
only through the appropriate authority of the Police Department.
d. The Chief of Police of the Borough of Matawan shall be the head of
the Police force of the Borough of Matawan, and the Chief shall be
directly responsible to the appropriate authority for the efficiency
and routine day-to-day operations of the Police Department, and the
Chief shall, pursuant to the procedures established by the appropriate
authority:
1. Administer and enforce rules and regulations and emergency directives
for the disposition and discipline of the force, its officers and
personnel;
2. Have, exercise and discharge the functions, powers and duties of
the force;
3. Prescribe the duties and assignments of all subordinates and other
personnel;
4. Delegate such of his authority as the Chief may deem necessary for
the efficient operation of the force to be exercised under the Chief's
direction and supervision; and
5. Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operation of the force
during the preceding month, and make such other reports as may be
requested by such authority.
e. The administrative control, day-to-day operation and discipline of
the Police Department of the Borough and of its members shall be vested
in the Chief of Police and the Chief shall have the power to enforce
all the rules and regulations herein provided and any general and
special orders or instructions which may from time to time be promulgated;
provided such rules, regulations, general or special orders or instructions
that do not conflict with the rules and regulations, orders or instructions
issued by resolution of the Council or promulgated by the appropriate
authority. The Chief shall enforce these rules and regulations and
orders or instructions, and may punish violation by reprimand or by
suspension not to exceed three days. The Chief of Police shall report
violations of the rules and regulations to the appropriate authority
for Police Department disciplinary matters upon the administration
of the penalty for violations of rules and regulations, orders and
instructions.
f. The Chief of Police, with the assistance of the other members of
the Department who shall be detailed for the purpose, shall keep a
complete record as prescribed in the rules and regulations adopted
by the Council. The Chief of Police shall report in writing to the
Borough Administrator for presentation to the Council at their first
regular meeting each month on all matters of importance pertaining
to the Department and make such recommendations as in the Chief's
opinion will increase the efficiency of the Department.
[1971 Code § 8-4; Ord. No. 07-02 § 1; Ord. No. 10-03 §§ 2, 3; amended 2-5-2019 by Ord. No. 19-01]
The Mayor shall, each year as soon after the organization of
the Council may be possible, select and designate three members of
the Borough Council who shall constitute the Police Committee. The
Committee shall meet with the Chief of Police, the Borough Administrator,
and the Borough's Chief Financial Officer to review and prepare the
annual budget of the Police Department and thereafter shall be responsible
for the presentation of the annual budget of the Police Department
to the Council. The Police Committee shall be the body that recommends
to other members of the governing body if amendments should be adopted
with respect to ordinances that impact the Police Department. The
Mayor shall name one of the members of the Committee as Chairman and
a second as Vice Chairman.
[1971 Code § 8-5; Ord. No. 08-05]
a. The Council shall establish by resolution or by ordinance and may
amend and repeal by resolution or by ordinance such rules and regulations
as it may deem necessary for the government and efficient working
of the entire Department. The rules and regulations, when adopted,
shall be posted by the Police Commissioner within five days after
the adoption thereof in the room in the municipal building assigned
to the Police Department, and a copy thereof delivered to each and
every member of the Department within five days after the adoption
of the rules or regulations or any amendment or repeal thereof.
b. There are hereby adopted by the Mayor and Council as the Rules and
Regulations of the Matawan Borough Police Department as recommended
by the Chief of Police and Captain, effective June 1, 2008. The rules
and regulations promulgated pursuant to this section shall be on file
with the Borough Clerk and shall be available for public inspection
at regular business hours in Borough Hall.
[1971 Code § 8-7]
Each applicant shall comply with the laws of the State of New
Jersey pertaining thereto. No person shall be given or accept a permanent
appointment as Police Officer in the Borough unless such person has
first been given a probationary or temporary appointment to such offices
for a period of one year, and has successfully completed a Police
training course at a school approved and authorized by the Police
Training Commission in the Department of Law and Public Safety of
the State of New Jersey.
No person shall be appointed to the Police Department as a regular
or probationary member unless they meet the age requirement provided
by law including those requirements pertaining to veterans if the
applicant is a veteran. The applicant shall be a citizen of the United
States and shall comply with all residency requirements established
by law.
[Ord. No. 07-05; Ord. No. 12-10]
Pursuant to Ordinance No. 12-10, subsection
2-14.7, Initial Hiring of Police Officers, is replaced by the existing subsection 9-29.2, "Advertising" of Chapter
9 of the Code of the Borough of Matawan concerning "Personnel Policies."
[1971 Code § 8-8]
Each member of the Police Department shall before entering upon
the performance of his duties, take and subscribe an oath to bear
true faith and allegiance to the government established in this State,
to support the Constitutions of the United States of America and the
State of New Jersey and to faithfully, impartially and justly discharge
and perform all the duties of his office which oath or affirmation
shall be filed with the Borough Clerk.
[1971 Code § 8-9; Ord. No. 07-42 §§ 2, 3; Ord. No. 10-03 § 4; amended 2-5-2019 by Ord. No. 19-01]
a. The Chief of Police shall be the head of the Police Department and
shall be responsible to the Police Commissioner.
b. The administrative control, day-to-day operation and discipline of
the Police Department of the Borough and of its members shall be vested
in the Chief of Police and he/she shall have the power to enforce
all the rules and regulations herein provided and any general and
special orders or instructions which he/she may, from time to time,
promulgate; provided such rules, regulations, general or special orders
or instruction do not conflict with the rules and regulations, orders
or instructions issued by resolution of the council or promulgated
by the Police Committee. He/she shall enforce these rules and regulations,
orders or instructions, whether promulgated by him/her or by the Police
Committee or by the Borough Council, and may punish their violation
by reprimand or by suspension not to exceed three days. Should the
Chief deem the violation to be of a sufficiently flagrant nature,
he shall report the same to the Police Committee with his recommendations
with reference to the filing of charges. The Chief of Police shall
report violations of the rules and regulations to the Police Committee
as the appropriate authority for Police Department disciplinary matters.
c. The Chief of Police, with the assistance of the other members of
the Department who shall be detailed for the purpose, shall keep a
complete record as prescribed in the rules and regulations adopted
by the Borough Council, and the Chief of Police shall report in writing
to the chairman of the Police Committee for presentation to the Council
at their first regular meeting in each month on all matters of importance
pertaining to the Department and make such recommendations as in his/her
opinion will increase the efficiency of the Department.
d. The Chief of Police shall recommend to the Police Committee from
time to time the purchase of new equipment or the repair or rearrangement
of such old equipment as will increase the efficiency of the Department.
He shall have full charge and control of all the apparatus and equipment
of the Department and its assignment and use, and shall be held responsible
for its care, cleanliness and safekeeping.
[1971 Code § 8-10]
The Police Department, through its Chief, shall:
Preserve the public peace, protect life and property, prevent
crime, detect and arrest offenders against the penal laws and ordinances
effective within the Borough, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections and public meetings and assemblages.
Administer and enforce laws and ordinances to regulate, direct,
control and restrict the movement of vehicular and pedestrian traffic
and the use of the streets by vehicles and persons, to protect the
safety and facilitate the convenience of motorists and pedestrians,
and to make and enforce rules and regulations not inconsistent with
the ordinances and resolutions of the Borough for such purposes.
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any State or municipal license or permit and report thereon
to the appropriate department.
Provide proper Police attendance and protection at fires.
Provide for the attendance of its members in court as necessary
for the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
Operate a training program to maintain and improve the Police
efficiency of the members of the Department.
[1971 Code § 8-15]
All firearms which may be provided by the Borough shall remain
the property of the Borough.
[1971 Code § 8-12]
A physician shall be appointed by the Mayor subject to confirmation
by the Council, to be known as the Police Physician. He shall examine
all members of the Police force or appointees to the force whenever
required by the Police Committee and shall report in writing the opinion
as to the physical fitness for Police work of the person examined.
He shall be called whenever the services of a physician are required
by the Police Department. Compensation of the Police Physician shall
be fixed by the Council.
In the case of the unavailability of the Police Physician, a
reputable physician of the vicinity may act in his place at the discretion
of the Chief of Police or senior officer on duty.
[1971 Code § 8-18]
The Mayor may appoint Police Dispatchers with the advice and
consent of the Council.
Police Dispatchers shall carry out their duties and responsibilities
under the supervision of the Chief of Police. Such duties shall be
specifically defined by the Chief of Police. Police Dispatchers shall
not carry a revolver or other weapon at any time during performance
of their duties unless authorized by law and the Chief of Police.
The position of Police Dispatcher shall not be considered as
a position in the Police Department.
No person shall be appointed as a Police Dispatcher unless they
are a citizen of the United States; are able to read, write, and speak
the English language; are qualified and of good moral character; and
shall not have been convicted of a crime. Every Police Dispatcher
shall be fingerprinted and the fingerprints shall be filed with the
Division of the State Police and Federal Bureau of Investigation.
[1971 Code § 8-11]
The Mayor may appoint Special Policemen with the advice and
consent of the Council, and may revoke such appointments without cause
or hearing. The Special Policemen shall carry out their duties and
responsibilities under the direct supervision of the Chief of Police,
and their powers, rights and duties shall be specifically defined
by the Chief of Police. The powers, rights and duties, however, shall
immediately cease at the expiration of the term for which they were
appointed, or upon revocation of their appointment. The Special Officers
shall not carry a revolver or other weapon at any time except as otherwise
directed by the Chief of Police.
No person shall be appointed as a Special Policeman unless he
is a citizen of the United States; is able to read, write and speak
the English language; is physically qualified and of good moral character,
and shall not have been convicted of any crime. Every Special Policeman
shall be fingerprinted and his fingerprints shall be filed with the
Division of the State Police and the Federal Bureau of Investigation.
Reports shall be made by the Chief of Police to the Governing Body
concerning the eligibility and qualifications of any persons proposed
to be appointed a Special Policeman.
No person shall be appointed as Special Policeman unless he
holds a Class I or Class II Certificate issued by the New Jersey Training
Commission of the Department of Law and Public Safety.
[Ord. No. 98-4 §§ 1—8;
amended 4-7-2020 by Ord. No. 20-03]
a. Any and all extra duty assignments for police personnel shall be
determined and approved by the Chief of Police or his designee. No
police officer shall perform duty assignments for private parties
for compensation other than through the procedure set forth in this
subsection. The Chief shall obtain such information as he determines
necessary and is authorized to approve such special duty police work
in accordance with this subsection. The Chief of Police may assign
a patrol vehicle for use in performing extra duty if and in the event
it is determined that the use of a patrol vehicle is necessary to
perform the contracted duty. The Chief may deny the assignment or
use of police officers or vehicles and/or impose any condition or
requirement as in his sole discretion and determination as in the
best interest of the Borough, the Department and/or the police officers
or public safety. The Chief shall be guided by the nature of the assignment
and should avoid those with conflicts of interest and/or high risk
of injury.
b. The work to be performed shall be considered "special assignment
from independent contractors" and will not be considered a direct
assignment. The taking of any and all extra duty assignments shall
be on a voluntary basis in accordance with a fair and reasonable system
established and approved by the Chief of Police. The procedures for
such special duty assignments shall be issued via general order by
the Chief of Police.
c. Officers engaged in special duty assignments shall be deemed off-duty
and shall conform to all Police Department rules, regulations and
procedures.
d. All special duty assignments shall be within the Borough, unless
specific written approval is given by the Chief of Police or his designee
to the officer to work outside the Borough; the Chief of Police may
contact other municipal Police Departments located within the Bayshore
area of Monmouth County to see if they are willing to perform such
special assignments.
e. All payments for special duty assignments shall be made through a
Special Police Fund established by the Municipal Treasurer from which
payment shall be made to the individual police officers performing
such service. All payments from trust fund shall be made to the police
officers subject to required deductions and an administrative fee
to be retained by the Borough. The charges for such services shall
be set forth in § 2-62.2. Any dispute between the contractor
and the police officer on assignment as to services required or compensation
due shall be determined by the Chief. His decision shall be final
and binding.
f. Any assignment which is canceled on less than two hours' notice shall
be charged against the party.
g. The Chief of Police has the authority to order any police officer
to vacate or terminate any special duty assignment in response to
emergency situations or whenever the assignment creates an unacceptable
risk to health, safety and welfare of the police officer and/or public
in the sole determination and discretion of the Chief. The contractor
shall not be responsible for any compensation for the time that the
police officer is away from the special duty assignments and shall
have no claim for any costs or damages against the Borough, the Chief,
or the police officer arising from the termination of special duty
assignment other than the prorated return of any costs prepaid to
the Borough.
h. The Borough shall be responsible to provide all necessary insurance
coverage as required by law, including but not limited to workers'
compensation, public liability, and claims for damage, the personal
injury including death or damage to property which may arise as a
result from the municipalities' performance under the contract.
i. The Borough
holds the right to seek a third-party company to administer the Police
Department's special duty assignments. The chosen service provider
may charge an additional fee other than the officer, administrative
and vehicle fees set forth by the Borough. This service may include
scheduling, billing, collections and payment or any other services
previously performed by the Borough.
[Added 12-9-2023 by Ord. No. 2023-21]
The Borough of Matawan Police Department Records Division, Records
Clerk, is hereby designated and appointed as the Custodian of Record
for Police Department records and shall be the administrative agent
for the acceptance and compliance with all OPRA requests for the Borough
of Matawan Police Department.
[Added 12-19-2023 by Ord. No. 2023-22]
a. Position created.
The position of Police Chaplain for the Borough of Matawan Police
Department is hereby created in accordance with N.J.S.A. 40A:14-141.
The position will be a volunteer position, served without remuneration
or benefits. The position of Chaplain shall be under and subject to
the control of the Chief of Police.
b. Qualifications.
Any person appointed as Chaplain shall be an ordained clergy
in good standing in the religious body from which he/she is selected.
The Chaplain shall have basic training and shall be a certified Police
Chaplain credentialed in accordance with the rules and regulations
of the Borough of Matawan Police Department and shall be qualified
in accordance with N.J.S.A. 40A:14-141.
c. Duties of Police Chaplain.
The duties of Police Chaplain shall include, but not be limited
to, assisting the Borough of Matawan Police Department in that may
be assigned by the Chief of Police.
d. Rank and Salary.
Any person appointed as Chaplain shall serve in that capacity
without Rank or Salary.
e. Term of Office.
A person appointed as Chaplain shall serve for a period of one
year from date of appointment and shall continue to serve in that
capacity until he/she is either terminated or reappointed with the
recommendation of the Chief of Police.
f. Appointment.
The Chief of Police may recommend to the Mayor persons that
meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules
and regulations of the Borough of Matawan Police Department with reference
to Chaplains, if any. All applicants for the position of Chaplain
shall be reviewed by the Chief of Police and Chaplain liaison to determine
his/her qualifications in accordance with this subsection and shall
make recommendations to the Mayor regarding the appointment as Chaplain.
The Mayor may appoint one or more Police Chaplains in accordance with
this subsection with the advice and consent of Council.
[1971 Code § 15-1.1; Ord. No. 2014-15; Ord. No. 2018-12]
The Volunteer Fire Department shall consist of engine, hook
and ladder, hose and pumper companies, fire police and shall consist
of the companies recognized and accepted by the Mayor and Borough
Council as follows:
Washington Engine Company, No. 1.
Broad Street Station.
M.E. Haley Hose Company, No. 1.
Freneau Volunteer Fire Company, No. 1.
Fire Police.
[1971 Code § 15-1.2; Ord. No. 2014-15]
Each company shall consist of not less than 10 and not more
than 25 active members with a minimum age of 18 years at the time
of their election to membership. Each Fire Company may also have up
to 10 active reserve members. These reservists must come from the
active list and will be entitled to be placed on the reserve list
at the request of the active members of the Fire Company. The power
to remove a Firefighter from active duty because of physical impairment
or disability is vested in the Board of Fire Officers. The number
of members of each additional Fire Company shall be specified by the
Borough Council at the time of acceptance.
[1971 Code § 15-1.3; Ord. No. 95-04 § 1; Ord. No. 2014-15]
Each proposed member at the time of his election shall be a legal resident of the United States and shall be a resident of the Borough of Matawan or an adjacent municipality for a period of six months prior to his election. The Fire Department Physician, licensed in the State of New Jersey, will certify that the applicant is certified and physically fit to become a Firefighter. The certificate shall include the results of a chest x-ray. Additionally, the application of each proposed member shall be screened by the Police Department. Each Fire Company shall have the right to accept into membership, nonresidents who reside within a reasonable distance, not exceeding one mile from the boundaries of the Borough of Matawan. The application of a nonresident shall be reviewed and approved by the Board of Fire Officers of the Borough of Matawan prior to the Matawan Police Department screening. In no event shall out-of-town membership exceed 25% of the active membership of any Company. There shall be no Member-at-Large in the Matawan Borough Fire Department. All applicants must first be a member of a Company specified in subsection
2-15.1 before applying for membership in the Matawan Borough Fire Department. The exception to all of the above will be Junior Firefighters who will be required to provide a School Physical or a note from their personal physician, licensed in the State of New Jersey, stating that the junior applicant is certified and physically fit to become a Junior Firefighter.
Members of the MBFD are considered employees of the Borough
during activities on behalf or representing the MBFD, either when
call is received or during official sanctioned activities and therefore
are subject to governance in the Personnel Policies and Procedures
Manual of the Borough of Matawan. Every employee or proposed employee
of a recognized Fire Company or of the Fire Department or Fire Police
who shall operate municipally-owned vehicles and/or municipally-owned
equipment which is on wheels and powered by a compulsion system other
than manpower shall have a valid New Jersey Driver's license and shall
authorize the Matawan Borough Police Department to periodically confirm
through the Motor Vehicle Commission that the license is not suspended
or revoked. No employee of the Borough of Matawan shall operate a
municipally owned vehicle or equipment with wheel powered by compulsion
other than man power unless he holds a valid New Jersey Driver's license.
Fire Department members who operate water borne vessels shall be trained
and hold an approved boaters training certificate.
[Ord. No. 00-04 §§ 1—7; Ord. No. 11-06; Ord. No.
2014-15]
a. This subsection is enacted pursuant to N.J.S.A. 40:42-1 et seq.,
The Home Rule Act.
b. Membership in a Volunteer Fire Department means any membership in a Volunteer Fire Department organized pursuant to Title 15 and Title 15A of the New Jersey Statutes. Membership in a Volunteer Fire Department or similar organization constituted in a Fire District pursuant to N.J.S.A. 40A:14-70.1, membership in any Junior Firefighters' Auxiliary established pursuant to N.J.S.A. 40A:14-95, or non-paid membership in a partial paid Fire Department or force established pursuant to Chapter
14 of Title 40A of the New Jersey Statutes.
c. Any person desiring membership in a Volunteer Fire Department shall
complete in duplicate and submit to the Volunteer Fire Department
an application, the form of which may be determined by the Volunteer
Fire Department and approved by the Board of Fire Officers, but which
shall contain the following information regarding the applicant:
1. Full name, including any maiden or other name by which the individual
may have in the past been known;
2. Home address, including all previous addresses within the last three
years;
5. Driver's license number, and a statement of driving record within
the last three years;
6. A conviction for crimes or disorderly persons offenses in New Jersey
or in any other state, including the state of such conviction, the
date of conviction, nature of the offense, and the sentence imposed;
7. Any pending violation for crimes or disorderly persons offenses;
and
8. Such other information as the Volunteer Fire Department shall require,
provided none of such information shall be prohibited by law.
d. Upon the filing of an application to the Volunteer Fire Department,
the applicant will have fingerprints taken by an external service
provider. The provider will submit the applicant's fingerprints to
the Division of State Police and/or State Bureau of Identification
who shall conduct an investigation so as to ascertain the truth of
the statements of the application, including but not limited to the
applicant's criminal record and the applicant's driving record. If
as a result of the investigation the applicant is found to have been
convicted of a violation enumerated in N.J.S.A. 15:8-1.1, or a disorderly
persons offense, or is otherwise found to have made false statements
on the application, or any other information is found which would
indicate that the applicant may be a threat to the health, safety
and welfare of the community, the Volunteer Fire Department shall
determine if the applicant will be a member of the Department.
f. This subsection is intended to make the Volunteer Fire Department
an Authorized Agency as defined by N.J.A.C. 13:59-1.1.
[1971 Code § 15-1.4; Ord. No. 2014-15]
The names of all proposed members elected to active membership
in the individual Companies shall be presented to the Borough Council
in application form signed by a Chief of the Fire Department, Borough
Clerk and Secretary to the Board of Fire Officers for confirmation.
Upon the applicant's acceptance by the Council, all members will be
subject to a one year probation during which they must begin to attend
Firefighter I course(s) at any accredited Fire Academy. This course
must be completed with a passing grade in order to leave the status
of Probationary Firefighter in the Borough Fire Department. Leaving
the status of Probationary Firefighter shall be the latter of either
one year from the date of acceptance to membership or passing Firefighter
I course.
Pursuant to N.J.S.A. 40A:14-98; the MBFD can accept application
from individuals 16 and 17 years of age for service to the MBFD following
the Junior Firefighter Auxiliary By-Law Supplement. While a Junior
Firefighter the one year probation is waved until the members becomes
18 years of age, after which, they will be required to re-apply and
meet the fore mentioned requirements.
[1971 Code § 15-1.5; Ord. No. 2014-15]
The Borough Clerk shall keep an accurate muster roll of the
active members of the Department and shall issue upon confirmation
a certificate of membership in the Volunteer Fire Department to each
member elected and confirmed. This list, together with the insurance
list, shall be reviewed and certified to its accuracy by the individual
Fire Companies and the Board of Fire Officers by January 15 for each
preceding year. Failure to certify can be cause for the Borough to
drop those individuals from the rolls for both membership and insurance.
[1971 Code § 15-1.6; Ord. No. 2014-15]
All resignations, expulsions, transfers or deaths of active
members from the Department shall be promptly reported to the Secretary
of the Board of Fire Officers and to the Borough Clerk.
[1971 Code § 15-1.7; New; Ord.
No. 2014-15]
All active members in the Department shall be required to perform
not less than 50% active duty at all alarms of fire and drills called
per year. Upon failure to do so for two consecutive years, their names
shall be removed from the active list. The individual Companies shall
be responsible for the maintenance of the active service records and
shall annually file same with the Secretary of the Borough Fire Department
no later than January 15th of every year for the service activity
of the preceding year.
[1971 Code § 15-1.8; New; Ord.
No. 2014-15]
a. The active reserve shall consist of no more than 10 members per Fire
Company.
b. An active reserve member is one who has reached the age of 50 and
has served the Borough for seven years at 50% or better fire duty.
He shall do 25% fire duty to keep this rank. Fire duty shall be defined
as attending fires, drills, fire schools and meetings. Social activities
shall not count as fire duty.
c. A qualified member, as outlined in paragraph b above, may at his
request be transferred from active duty to the active reserve.
d. A Company may, at their discretion and with 2/3 vote of active Company
members, place an active member on the role of the active reserve.
The member in question shall be notified by certified mail within
10 days of his Company's decision.
e. The action of any Company as outlined in paragraph d above may be
predicated on inactivity (consistently failing to make 50%, but making
at least 25%, or partial disability which prevents an active firefighter
from attaining 50% fire duty.
f. Any active Firefighter placed on active reserve against his wishes
may appeal within 30 days of the within decision by his Company to
the Board of Fire Officers. Appeal shall be made in writing to the
Department Chief and the member's Company President and Secretary
at least 15 days prior to the next regularly scheduled Board of Fire
Officers meeting. After review by the Chief, Board of Fire Officers
and Company, a hearing date will be scheduled and the Firefighter
will be notified of this date in writing.
g. The aggrieved Firefighter need not appear at the hearing until or
unless he is summoned by Board of Fire Officers.
h. A decision in writing that is sustained against the Firefighter by
the Department may be appealed in writing within 30 days of the filing
of the decision to the Fire Committee as the final Board for disposition
of the appeal by letter from the Firefighter The decision of the Fire
Committee must be rendered in writing within 15 days of the hearing
and signed by all members of the Committee. If dissatisfied, the grievant
may request, by written notification to the Borough Administrator
and the Mayor and Council, a review of the record by Borough Council,
which shall be accorded to the grievant. The decision of the Council
will be the final administrative review of the matter.
[1971 Code § 15-1.9; New; Ord.
No. 2014-15]
a. Age 18-65 — $10,000.00 — Line of duty death.
b. Age 65 and over — $5,000 — Line of duty death.
[1971 Code § 15-1.10;Ord. No. 2014-15]
The residency requirements as more particularly described in subsection
2-15.3 shall not apply to individuals who have been members of a Matawan Borough Volunteer Fire Company since a date prior to January 1, 1966.
[1971 Code § 15-2.1; Ord. No. 10-20; Ord. No. 2014-15; amended 12-17-2019 by Ord. No.
19-22; 12-20-2022 by Ord. No. 22-16]
a. The administrative officers of the Fire Department are the Board
of Fire Officers which shall consist of a President, Vice President,
Secretary-Treasurer, and Assistant Secretary-Treasurer. The President,
Vice President, Secretary-Treasurer, and the Assistant Secretary-Treasurer
shall be members in good standing in the Matawan Borough Fire Department
and shall serve for a period of two years commencing on January 1
of each year preceding the nomination and election. Candidates for
the office of the President, Vice President, Secretary-Treasurer,
and the Assistant Secretary-Treasurer shall be nominated by the members
of the Department present at the November meeting of the Board of
Fire Officers and the election held at the December meeting.
1. The qualifications for the office of President and Vice-President
are as follows: They must be a member in good standing, must qualify
to hold the rank of Third Deputy Chief; and must have a minimum of
eight years of active service in the MBFD. They shall preside over
all Department administrative functions including but not limited
to the Board of Fire Officer's meetings and shall adhere to the rules
of Robert's Rules of Order. The Office of President is in an ex-officio
capacity and the President and only the President shall have the authority
to cast a vote to break a tie. The President shall attend a minimum
of nine BFO meetings and shall notify the Vice President if they shall
not be able to attend. The President shall hold no other office as
part of the administration of the MBFD including the BFO, and cannot
be an active Chief at that time. The President can be removed from
office with good cause and a 2/3 vote of the BFO.
2. The qualifications for the office of Secretary-Treasurer and Assistant
Secretary-Treasurer for a term of two years, any member in good standing
with a minimum of five years' active service in the MBFD, shall be
qualified for the nomination to the office of Secretary. The Secretary
shall attend a minimum of nine BFO meetings.
3. If the President, Vice President, Secretary-Treasurer, and Assistant
Secretary-Treasurer are unable to fulfill his or their term(s) for
any reason, nominations will be solicited and an election held, within
a reasonable time after the vacancy, to fill the remaining portion
of the unexpired term.
b. The Firematics Officers of the Department shall be the Chief, First
Deputy Chief, and Second Deputy Chief. All officers shall be residents
of the Borough, except Chiefs, who may reside in an adjacent municipality
within a reasonable distance from the Borough boundary line, not to
exceed one mile, or a Chief may be a non-Borough resident provided
he is a full-time employee of the Borough of Matawan.
c. To be eligible for appointment as Chief, First Deputy Chief, or Second
Deputy Chief, a candidate shall be a member of the Department in good
standing in his/her Company and department for at least eight years
prior to the date his/her term commences. The member has not been
charged with any Department or Company Firematics violations for two
years. The candidate shall be required to have served at least one
year in each of the following officer ranks: Chief Engineer, First
Lieutenant and Captain. They shall be required to have completed and
provide certificates for all prerequisite training courses as outlined
in Section 54 of the MBFD Bylaws in order to be eligible for consideration
as the Third Deputy Fire Chief. In addition, the candidate must be
certified as Incident Management Level 3 by the New Jersey Division
of Fire Safety and have completed the National Fire Academy's Incident
Safety Officers Course.
d. The Chief, First Deputy Chief, and Second Deputy Chief shall be appointed
by the Mayor at the Borough's annual reorganization meeting and serve
for a term of one year. These appointments will be based on merit
alone without regard to company affiliation. There shall be no term
limits imposed on any of these positions.
e. The Chief, First Deputy Chief, and Second Deputy Chief can be removed
for cause by a majority vote of the governing body. If such an event
were to occur, the mayor shall appoint a replacement to complete the
unexpired term.
[1971 Code § 15-2.2; Ord. No. 2014-15; amended 12-17-2019 by Ord. No. 19-22]
Once confirmed, no Chief shall be removed from office except
for cause, according to the rules or bylaws of the Board of Fire Officers.
In the event of a vacancy occurring in the office of Chief,
First Deputy Chief, Second Deputy Chief or Third Deputy Chief by reason
of the death, resignation or removal of any of these officers, the
following order of succession shall prevail:
a. Office of Chief. Next ranking officer shall become Acting Chief for
the unexpired term of the office, and shall automatically become Chief
for the next ensuing year.
b. Offices of First Deputy Chief. The Second Deputy Chief shall assume
acting status pending the election within 15 days of an active ex-chief
to such office from their respective Company. This elected ex-chief
shall serve as an Acting First Deputy Chief for the unexpired term
of the office.
c. Office of Second Deputy Chief. The Third Deputy Chief shall assume
acting status pending the election within 15 days of an active ex-chief
to such office from their respective Company. This elected ex-chief
shall serve as the Acting Second Deputy Chief for the unexpired term
of the office.
d. Office of Third Deputy Chief. Within 15 days of the vacancy an eligible
person will be voted into the position.
e. In the event that no one is certified, the Board of Fire Officers
will provide a list of certified candidates subject to the affected
Company entitled to fill the vacancy who would be appointed by the
Board of Fire Officers for confirmation by the Mayor and Council.
[1971 Code §§ 15-3.1; 15-3.2; Ord. No. 2014-15]
a. Duties of Executive Officers. The President of the Board of Fire
Officers shall preside at all Department meetings. He shall have the
power to call a special meeting at any time he deems it necessary.
The Vice President shall preside at Department meetings in the absence
of the President. The Secretary-Treasurer shall keep correct written
records of the proceedings of the Department and Board of Fire Offices
and a general roll of the active and exempt members with the names
and addresses of active and exempt members who are residents of the
Borough. The Secretary-Treasurer shall have custody of the funds of
the Department and shall report monthly on the account.
b. Duties of the Chief.
1. Duties during a Fire. In all alarms, the Chief, or in his absence
the Deputy Chief(s), shall have full power, absolute control and command,
and shall cause all apparatus and equipment to be worked in the most
advantageous manner.
In the absence of the Chief and Deputy Chief(s), the member
having charge of the apparatus shall be the senior member first arriving
at the fire. He shall assume the duties and responsibilities of the
Chief until the arrival of a Superior Officer.
The Chief and Deputy Chief(s), or member in command at any alarm,
are hereby given full authority to call upon the head of any municipal
department for any aid or assistance as the circumstances may require
and warrant.
The Chief and Deputy Chief(s), or member in command at any alarm
must complete and submit a National Fire Incident Reporting System
(NFIRS) Report to the LOSAP Coordinator within 48 hours of an incident.
The Chief and Deputy Chief(s), in an emergency, when immediate
repairs are necessary, is empowered to authorize such repairs and
report his action immediately to the Borough Administrator.
The Chief must be a resident of the Borough, or an adjacent
municipality within a reasonable distance of the Borough, or an adjacent
municipality within a reasonable distance of the Borough boundary
line, not to exceed one mile, or a Chief may be a nonresident provided
he is a full-time employee of the Borough of Matawan.
2. General Duties. The Chief shall call out for practice drill one or
more Companies of the Department whenever he deems it necessary. He
shall see that Company Officers have all hose on apparatus rearranged
at least twice each year if not used and have water run through it
at least two times per year. The Chief shall have all hose, ladders,
and pumps subjected to a test to meet the national testing standards.
The Chief shall arrange with the Captains of the several Companies
for drills and instructions, including the proper and efficient use
of all apparatus and equipment, the quick handling of hose, the efficient
handling of streams, ladder work, salvaging, first aid and life saving,
and all other modern methods of fire fighting.
c. Fire Companies. In the absence of contrary bylaws enacted by the
individual Company, each of the Companies of the Department shall
choose from their own members a Captain, First Lieutenant, Second
Lieutenant, Engineer, First Assistant Engineer and Second Assistant
Engineer.
1. Duties of the Captain. The Captain of each Company shall keep a permanent
record of the alarms of fire and drill attendance of each member of
his Company, a copy of which shall be submitted to the LOSAP Coordinator
within 48 hours of an incident, drill, or special assignment.
He shall drill and instruct his Company at least once a month.
With the aid of the Company secretary, he shall submit such
reports as shall be required by the rules or bylaws adopted by the
Board of Fire Officers.
The Captains of each of the Companies and the Captain of the
Fire Police shall be responsible for the condition and maintenance
of his or their apparatus and equipment.
2. Duties of Apparatus Operators. Qualified Apparatus Operators shall
complete Pump Operations and have been qualified by the Department
Training Division on Pump and Aerial Apparatus Operations. The authorized
apparatus operators shall maintain their apparatus in good condition
and ready for immediate service.
No one shall be permitted, except authorized apparatus operators
to tamper with, fix, or repair any of the apparatus, unless directed
to do so by the Chief or Deputy Chief(s).
No one shall drive, in an emergency response, the automobile
apparatus except the regularly authorized apparatus operators, who
shall be required to have a valid driver's license for the State of
New Jersey.
3. Duties of Fire Police. The Fire Police shall elect from their membership
a Captain, First Lieutenant, Second Lieutenant and Engineer, and any
other officer they deem necessary, and these officers shall have the
same duties as Company Officers. Any duties other than fire duty must
be with the consent of the Department.
[1971 Code §§ 15-4.1—15-4.3; Ord. No. 2014-15]
a. Composition. The BFO is made up from the all of the active Companies
in the Department, which shall be represented by three members of
each Company, which shall be: Captain; 1st Lieutenant and a Company
representative. These three members shall be those who are eligible
to vote on subjects that come before the BFO. These voting members
are the only members who are therefore able to cast votes at BFO meetings.
(The Executive Committee shall not have voting privileges except in
the case of a tie where the President shall cast the tie breaking
vote, see President.). When a member representative of a Company shall
also hold a position on the Executive Committee, their Company must
nominate an eligible substitute to represent one of the three Company
voting position. The Duties of the Board of Fire Officers shall be
to administer the business and affairs of the Department.
b. Bylaws, Rules of Procedure. The Board shall adopt a code of rules
or bylaws, subject to the approval of the Department. They shall meet
monthly, or more frequently if necessary, to transact business of
the Department. The Board shall make rules or bylaws concerning the
resignation, transfer, suspension or expulsion of members of the Department.
All active members shall operate under the State Uniform Fire
Safety Code.
c. Powers and Duties. The Board of Fire Officers shall be required to
keep permanent records of all alarms of fire, fire losses, methods
of extinguishment, drills, hose, apparatus, minor equipment, and condition
of hydrants.
The Board of Fire Officers shall prescribe such uniforms and
designating devices which are required.
The Board shall recommend to the Mayor and Council the necessary
replacement or purchase of new and additional apparatus and equipment,
and requisition necessary supplies and repairs prior to the time actually
needed insofar as practicable.
d. Department Fire Committee. This Committee shall be a standing committee.
The Fire Committee shall consist of five members. The fire commissioner,
another councilperson and three elected active Firefighters by the
BFO for a term of one for three years, one for two years, and one
for one year. Nominations shall take place at the November monthly
meeting prior to the next term of office. Elections shall take place
at the following December meeting. Replacements shall be nominated
from the floor of the BFO at the meeting following the resignation
of a Committee member, and election will be at the next monthly meeting,
this will be for the unexpired term. The member must be in good standing
and must have held the position of Lieutenant with five years of fire
service. The members of the Committee will be the only liaison as
a committee of the BFO, to the Mayor and Council. The Committee, at
the request of the BFO President, shall recommend resolutions to any
problems that are encountered and cannot be resolved. This Committee
shall not have the power to override the BFO. It shall be utilized
when the BFO is not able to find resolution to any issue. The resulting
decision of the Committee shall be in recommendation form and presented
to the BFO at the next monthly meeting when possible.
[1971 Code § 15-5; Ord. No. 2014-15]
a. Procurement; Ownership. The procurement and ownership of all material
shall be vested in the Council.
b. Emergencies in Other Communities. No apparatus shall be let out for
hire, or let in any case, except upon the consent of the Chairman
of the Fire Committee, or the Chief of the Department, and then only
in case of an emergency in a neighboring community.
However, the Department shall immediately respond to a call
from the County without any approval by reason of the Department's
membership in the County cover-up system.
c. Housing Fire Apparatus. The procurement by lease purchase or construction
of adequate housing facilities for Borough-owned fire apparatus and
equipment is vested with the Council. The rental to be paid by the
Borough for the housing of such equipment shall be fixed annually
by the Mayor and Council after consultation with the Fire Department.
The Council shall have full jurisdiction and control of all fire houses
or portions of leased fire houses or other buildings wherein Borough-owned
fire apparatus and equipment is stored. The Council in addition shall
be responsible for the heating and lighting of fire houses.
d. Maintenance Men. If and when it may be deemed necessary, the Council
is empowered to hire full-time or part-time maintenance men, who shall
be selected from a list of active and exempt members of the Department,
the number and compensation to be determined as the situation warrants,
to care for and maintain the Borough fire apparatus, equipment and
places of housing.
e. Additional Payment by Borough. Annually the Council shall also make
such provisions for the payment of other expenses on behalf of the
Fire Department as Council shall deem appropriate. All expenditures
made by the Fire Department from funds allocated to it under this
provision shall be evidenced by voucher and other documentation which
shall be approved for sufficiency by the Borough Auditor.
[1971 Code § 15-6; New; Ord. No.
2014-15]
Any officer or other member while on fire duty, who shall refuse or voluntarily neglect to obey or execute any orders from the Officer in Charge of the fire, shall be subject to suspension or expulsion from the Department. Any disciplinary action shall be communicated in writing and the officer or member may follow the appeals procedure outlined in subsection
2-15.9h.
[1971 Code § 15-7; Ord. No. 2014-15]
The members of the Department by the vote of a majority the Members that comprise the BFO, as stated in subsection
2-15.15a, that are present at the BFO meeting, shall adopt and amend from time to time the rules or bylaws for the control, management and government of the Department, which code of rules and bylaws and all amendments thereto shall not become operative until presented to the Council.
[1971 Code § 15-9; Ord. No. 2014-15]
No present active member of any of the Fire Companies shall
lose his right to membership because they have moved, or shall in
the near future move to another municipality. This section shall not
be construed to relieve such active member from attending 60% of all
fire alarms. Any over-age member of the Freneau Volunteer Fire Company
No. 1 and nonresident members of the Company shall remain active members
of the Company upon its becoming a member and part of the Matawan
Borough Volunteer Fire Department.
[1971 Code § 4-1; Ord. No. 96-44; Ord. No. 11-02]
a. Appointment; Term. There shall be an office of the Superintendent of Public Works (pursuant to the provisions of N.J.S.A. 40A: 9-154.5 et seq. The Superintendent of Public Works, in addition to the duties, responsibilities and obligations set forth in the within Administrative Ordinance and job description and duties assigned to the position, shall also undertake all the duties and responsibilities and obligations as the Supervisor of the Water Department and Sewer Department as outlined in Chapter
22 and Chapter
23 of the Code of the Borough of Matawan; notwithstanding any ordinances and regulations to the contrary. The Superintendent of Public Works shall be appointed by the Mayor with the advice and consent of the Council. The term of the Superintendent shall be for a calendar year effective January 1 to December 31. Any vacancy during that term shall be filled only for the unexpired term.
b. Tenure. Tenure for the position of full-time Superintendent of the
Department of Public Works is authorized and consistent with the terms
and conditions of N.J.S.A. 40A:9-154.6, providing the person holding
this position has held this position for a term of at least five continuous
years.
Any person holding this office upon the coming tenure shall
not be removed from office unless consistent with the terms and provisions
of N.J.S.A. 40A:9-154.6.
A person obtaining tenure may be retired by the municipality
when that person shall have obtained the age of 70 years.
[1971 Code § 4-2; New]
a. Qualifications. The Superintendent shall be qualified in the planning
and execution of public works and improvements and in the responsible
management of technical personnel, and shall be responsible for the
proper and efficient performance of all public works functions of
the Borough. The Superintendent shall complete and maintain the Certified
Public Works Manager Program and certificate as required by law.
b. Powers and Duties. The Superintendent of Public Works shall have
the following powers and duties:
1. Repair and maintenance of all public buildings, streets, thoroughfares,
curbs, walkways, traffic control devices, storm sewers and drains,
parking facilities, lots and storage facilities.
2. Repair, maintenance and operation of municipal water mains, lines,
pumps and purification plants and sewer facilities.
3. Planning, administration and control of the cleaning of all public
streets and roads, including the removal of snow within the limits
of available appropriations.
4. Supervision of the collection and disposal of all garbage and refuse,
including municipal contracts therefor.
5. Repair, maintenance and improvement of all public recreational areas,
grounds, park facilities and playgrounds, and appurtenance buildings,
structures and equipment.
6. Supervision and control of the use, storage, repair and maintenance
of all Borough equipment used by the Department.
7. Maintenance, conservation and physical development of the natural
resources of the Borough.
8. Direction and supervision of the personnel of the Department; establishment
of work assignments, vacation and sick leave schedules.
9. Maintenance of such records, systems and procedures as may be required
to control and account for Department receipts, property and personnel;
providing of information for budgeting the cost of operation and revenues
of the Department.
10. Performance of such other functions and duties as may be prescribed
by the Mayor and Council.
The Superintendent shall have the power, with the approval of
the Mayor and Council and within the limits of available appropriations,
to engage specialized personnel, including consulting engineers, for
specific projects and purpose as he may deem necessary for the proper
performance and administration of the functions of the Department.
[1971 Code § 4-3]
a. Established. Within the Department of Public Works there is hereby
created the Division of Engineering, the head of which shall be the
Borough Engineer. The Borough Engineer shall be a duly licensed professional
engineer of the State of New Jersey. He shall be appointed for a term
of one year by the Mayor with the advice and consent of the Council.
Unless and until the Mayor and Council authorize the appointment of
a separate person, the Superintendent of Public Works shall serve
as Borough Engineer without additional compensation.
b. Powers and Duties of Engineer. Subject to the direction and supervision
of the Superintendent of Public Works, the Borough Engineer shall
be responsible for:
1. The planning and design of all public improvements, including but
not limited to those involving streets, curbs, sidewalks, street lighting,
traffic control systems, water, sanitary sewer and drainage facilities,
public buildings, structures and parking facilities, parks and recreational
facilities, and all appurtenances in connection therewith.
2. Coordination of the work of engineering consultants engaged for specific
projects and purposes, and review of all reports and plants arising
therefrom.
3. Supervision and inspection of all public works construction being
performed under contract with the Borough.
4. Review of all subdivision plans submitted to the Unified Planning
Board unless the review of same is relegated to the Engineer/Planner
for the Unified Planning Board.
5. Furnishing engineering advice and consultant services to the Mayor
and Council, Unified Planning Board and other municipal officials,
boards, commissions and bodies as requested.
6. Performance of such other functions and duties as may be prescribed
by Statute, ordinance or the Superintendent of Public Works.
[1971 Code § 4-4]
a. Established. Within the Department of Public Works there is hereby
created the Division of Inspections, the head of which shall be the
Construction Official. He shall be appointed for a term of one year
by the Mayor with the advice and consent of the Council.
b. Powers and Duties of Construction Official. Subject to the direction
and supervision of the Superintendent of Public Works where permitted
by law the Construction Official shall be responsible for:
1. Administration and enforcement of the State Uniform Construction
Code and Zoning Ordinance of the Borough, including but not limited
to:
(a)
Performance of the duties of Building Official, Zoning Officer
or other public officer.
(b)
Review of all building plans and specifications upon which building
permits are sought.
(c)
Inspection of all buildings in the process of construction for
conformity with approved plans and specifications and the Construction
Code and Zoning Ordinance.
(d)
Issuance of Certificates of Occupancy upon completion of conforming
building construction.
(e)
Investigation and prosecution of all violations of codes and
ordinances.
2. Review of all subdivision plans submitted to the Planning Board where
such plans indicate thereon proposed building construction.
3. Furnishing advice on building construction and zoning matters to
the Mayor and Council, Unified Planning and Zoning Board of Adjustment
and other municipal officials, boards, commissions and bodies, as
requested.
c. Maintenance
of liaison with the Plumbing Subcode Official, Board of Health and
such other municipal officials, boards, commissions and bodies as
may be necessary to insure that all residential, business and industrial
buildings and structures conform to reasonable standards of safety,
health and habitability.
d. Performance of such other functions and duties as
may be prescribed by Statute, ordinance and the Superintendent of
Public Works.
[1971 Code § 4-5]
a. Appointment. The position of General Foreman within the Department
of Public Works is created for the general purpose of relieving the
Superintendent of Public Works of the need for daily and direct contact
with the personnel of the Department. He shall be appointed for a
term of one year by the Mayor and Council following consultation with
the Superintendent of Public Works. The duties of the General Foreman
may be in addition to his duties as a Foreman of a Division within
the Department.
b. Duties and Responsibilities. Subject to the direction of the Superintendent
of Public Works, the General Foreman shall have the following duties
and responsibilities:
1. Coordination of work which involves the several Divisions of the
Department in the accomplishment of a work assignment;
2. In conjunction with the Foreman of other Divisions, see that appropriate
work assignments are scheduled and carried out in an expeditious and
workmanlike manner;
3. Emergency utilization of Borough personnel and equipment whenever
economically and technically feasible with the consent and approval
of the Superintendent of Public Works; and, if outside labor and equipment
are necessary, arrange for and see that the emergency service is rendered
in a fair, proper and expeditious manner with a proper accounting
for all work done;
4. Assure that municipally-owned equipment is available to all Divisions
of the Department and arrange for borrowing or renting from outside
sources as required with the consent and approval of the Superintendent
of Public Works;
5. Cooperate with other Borough agencies and Departments or organizations
outside the Borough to accomplish beneficial goals for the Borough
through coordination;
6. See that the necessary accounting is properly prepared by each Division
Foreman for receipts of delivered materials, repair of Borough equipment
and inspection of Borough properties;
7. With the help of the Division Foreman, take a quarterly inventory
and submit a report to the Superintendent of Public Works in regard
to the status and condition of equipment, vehicles and property used
by the Public Works Department. The consumption of fuel, supplies
and materials shall be included. Recommendations for purchases, repairs
or services shall be a part of the report;
8. In collaboration with the Division Foremen, see that personnel records
of regular hours and overtime hours worked, vacations, sick days,
personal days, holidays, etc. are properly maintained and made available
for a record as required by the Superintendent and other Departments;
and
9. Communicate with the Division Foremen and the employees in the Department
regarding any notices or information which apply to the Public Works
Department and notify employees of general rules and regulations including
such things as working conditions, training and safety, emergency
work assignments, clothing and uniforms.
[1971 Code § 2-13.1; Ord. No. 94-17]
a. There shall be a Department of Law, the head of which shall be the
Borough Attorney who shall be appointed by the Mayor with the advice
and consent of the Council for a term of one year. He shall be an
Attorney-at-Law of New Jersey, but need not be a resident of the Borough.
The Attorney shall receive an annual salary which shall be payable
for all general legal services provided to the Borough including general
legal representation for the water and sewer utilities.
b. General legal service shall be defined as:
1. Attendance at all meetings required by the Mayor and Council;
2. Providing legal advice as required by the Mayor and Council to the
Mayor, Council, Clerk, Business Administrator and all Department Heads
with the exception of agencies, boards and commissions that have separately
retained legal counsel; and
3. Legal representation pertaining to all routine and exceptional operations
of the Borough including but not limited to personnel matters, negotiations,
real estate transactions, and Borough interaction with other municipal,
County, State and Federal entities and agencies.
c. The annual salary shall not include legal services related to litigation,
bond ordinances, and tax appeals. Compensation for work related to
litigation, bond ordinances, and tax appeals shall be at an hourly
rate determined by the Governing Body and charged to the applicable
accounts established for these purposes.
[1971 Code § 2-13.2; New]
The Attorney shall give all legal counsel and advice required
by the Council or any member thereof and shall in general serve as
the legal advisor to the Council on all matters of Borough business.
He shall represent the Borough in all judicial and administrative
proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. In furtherance of his general
powers and duties, but without limiting them, the Attorney shall:
a. Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
b. Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough.
c. With the approval by resolution of the Borough Council, compromise
or settle litigation in which the Borough is involved.
d. Render opinions in writing upon questions of law submitted to him
by the Council or any member thereof with respect to their official
powers and duties.
e. Supervise and direct the work of additional attorneys and technical
and professional assistants which the Council may authorize for special
or regular employment in or for the Borough.
f. Undertake legal reviews and opinions at the direction of the Borough
Administrator.
[Ord. No. 10-07]
All contractors providing any goods and/or services to the Borough,
or constructing any public works project for the Borough; or any redevelopment
entity engaging in any designated redevelopment project(s) pursuant
to an approved redevelopment agreement; or any development or commercial
entity receiving a direct public benefit from the Borough in the form
of a grant, loan, pilot and or other financial incentive, are hereby
required to certified to the Borough that they have utilized the E-Verify
program to verify the employment eligibility of all of their employees
performing any work under said contract, redevelopment agreement,
or related to such public benefit, and further have so required any
subcontractor(s) retained by them to also provide proof of compliance.
[Ord. No. 08-09 §§ 1—3]
a. The purpose of this subsection is to create the administrative mechanisms
needed for the execution of the Borough of Matawan's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
b. Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Matawan to ensure that the units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for the Borough of Matawan.
c. Establishment of Municipal Housing Liaison Position and Compensation;
Powers and Duties.
1. Establishment of position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Matawan.
2. Subject to the approval of the council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full or part-time municipal employee.
3. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Matawan, including the following responsibilities which may not
be contracted out.
(a)
Serving as the Borough of Matawan's primary point of contact
for all inquiries from the State, affordable housing providers, Administrative
Agents, and interested households;
(b)
Monitoring the status of all restricted units in the Borough
of Matawan's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual reports as required
by COAH;
(d)
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable;
(e)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH.
4. Subject to approval by COAH, the Borough of Matawan may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Borough of Matawan, except for those responsibilities which may not be contracted out pursuant to subsection
3 above. If the Borough of Matawan contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
5. Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.