City of Linden, NJ Article IV Department Established

§ 2-12 DEPARTMENT OF POLICE.

§ 2-12.1 Created — Department of Police.

[1979 Code § 2-10.1; Ord. No. 29-38; Ord. No. 31-29 § 1; New; Ord. No. 44-41; Ord. No. 46-30 § 1; Ord. No. 46-31 § 1; Ord. No. 46-39 § 1; Ord. No. 48-15 § 1; Ord. No. 49-28 § 1; Ord. No. 51-10 § 1; Ord. No. 53-59 § 1; Ord. No. 55-37; Ord. No. 58-33; Ord. No. 60-75; Ord. No. 62-5; Ord. No. 62-11; Ord. No. 62-55; amended 7-18-2023 by Ord. No. 67-42]

The Department of Police is hereby created pursuant to N.J.S.A. 40A:14-118 and shall consist of the following positions: one Chief; five Captains; 12 Lieutenants; 22 Sergeants; 115 patrol officers and four SLEO III officers; and civilian personnel as the Council may determine by ordinance. The Department shall be under the day-to-day supervision of the Chief, pursuant to N.J.S.A. 40A:14-118, who shall be appointed by the Mayor.

§ 2-12.2 Appropriate Authority.

[1979 Code § 2-10.2; Ord. No. 29-38; Ord. No. 51-10 § 1]

The Mayor shall be the Head of the Police Department pursuant to N.J.S.A. 40A:61-4f, and also the appropriate authority over the Linden Police Department pursuant to N.J.S.A. 40A:114-118, and shall promulgate rules and regulations for the government of the force and for the discipline of its members.

The appropriate authority shall supervise the Chief of Police with respect to the efficiency and routine day-to-day operations of the department, and shall establish policies as he or she deems necessary to ensure the proper and effective delivery of police services with the City.

The appropriate authority may also appoint committees or commissions to conduct investigations of the operation of the police force and may delegate to such committee or commission such powers of inquiry as it deems necessary or may itself conduct any hearing or investigation authorized by law. The appropriate authority may direct the examination at any time of the operations of the force or the performance of any officer or member thereof. The appropriate authority may also provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.

§ 2-12.2A Line of Authority.

[Ord. No. 51-10 § 1]

The following shall constitute the line of authority relating to the police function as required by N.J.S.A. 40A:14-118:

a. Chief of Police. The Chief of Police shall possess those powers and duties set forth at N.J.S.A. 40A:14-118 and shall be the head of the police force and directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof. The Chief of Police shall, pursuant to policies established by the appropriate authority:

1. Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and 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 or her authority as he or she may deem necessary for the efficient operation of the force to be exercised under his or her direction and supervision.

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

It is the duty of the Chief of Police to cause public peace to be preserved and to see that all laws and ordinances, written orders, resolutions and policies of the City of Linden pertaining to the Police Department and properly complied with. He or she shall faithfully and properly obey and cause all the personnel under him or her to obey all rules, regulations, resolutions, orders and policy directives which may from time to time be prescribed by the appropriate authority.

b. Deputy Chief of Police. Immediately subordinate to the Chief of Police in the line of authority is the Deputy Chief of Police, who shall possess all of the powers of the Chief of Police in the latter's absence and who shall perform such duties and responsibilities as may be assigned by the Chief or as may be set forth in Departmental rules and regulations or otherwise imposed by law.

c. Captain of Police. Immediately subordinate to the Deputy Chief of Police in the line of authority is the Captain of Police, who shall assist the Chief in the administration of the Department and who shall perform such duties and responsibilities as may be assigned by the Chief or Deputy Chief of Police or as may be set forth in Departmental rules and regulations or otherwise imposed by law. In the absence of the Chief of Police and Deputy Chief of Police, the senior ranking Captain shall perform the duties and possess the powers of the Chief of Police.

d. Lieutenant of Police. Immediately subordinate to the Captain in the line of authority is the Lieutenant of Police, who shall perform such duties and responsibilities as may be assigned by the Chief, Deputy Chief or Captain of Police or as may be set forth in departmental rules and regulations or otherwise imposed by law.

e. Sergeant of Police. Immediately subordinate to the Lieutenant of Police in the line of authority is the Sergeant of Police who shall perform such duties and responsibilities as may be assigned by the Chief of Police, Captain or Lieutenant or as may be set forth in departmental rules and regulations or otherwise imposed by law.

f. Patrolman. Immediately subordinate to the Sergeant of Police in the line of authority is the position of patrolman, who shall perform such duties and responsibilities as may be assigned by the Chief of Police, Deputy Chief of Police, Captain of Police, Lieutenant of Police or Sergeant of Police or as may be set forth in Departmental rules and regulations or otherwise imposed by law.

Nothing contained herein shall prevent the Chief of Police from directing that a particular sworn officer or position bypass the aforesaid line of authority and/or chain of command and report directly to the Chief of Police or such other officer as the Chief may direct.

§ 2-12.3 Discipline.

[1979 Code § 2-10.3; Ord. No. 29-38; New]

The Mayor shall establish policies and procedures for the discipline of the employees of the Police Department, which shall be administered and enforced by the Chief in accordance with New Jersey Department of Personnel statutes, rules and regulations. The Mayor or his designee shall serve as hearing officer over all such disciplinary proceedings. The Mayor shall also possess such powers over the Police Department as set forth in N.J.S.A. 40A:61-4f.

§ 2-12.4 Rules and Regulations.

[1979 Code § 2-10.4; Ord. No. 29-38]

The Mayor shall have the power and authority to issue, promulgate and enforce rules and regulations governing the operation of the Department of Police and its divisions, provided that such rules and regulations are not in abrogation or repeal of, or are inconsistent with statutory law or local ordinance or resolution. Such rules and regulations, and any departmental orders, verbal or written, shall be applicable to all personnel of the Department, including when engaged in outside employment.

§ 2-12.5 Qualification of Members.

[1979 Code § 2-10.5; Ord. No. 29-38; Ord. No. 33-9 § 1]

All applicants for appointment to or for promotion within the Police Department shall be qualified for appointment or promotion as required by law, ordinance and Department of Personnel rules and regulations. All applicants for appointment shall be residents of the City of Linden and must maintain continuous residency within the City of Linden from the announced closing date of the Department of Personnel examination up to and including the date of appointment.

§ 2-12.6 Powers and Duties.

[1979 Code § 2-10.6; Ord. No. 29-38]

The rights, privileges, powers and duties of the members of the Department of Police shall be those prescribed by the laws of the State of New Jersey, the provisions of this revision and other ordinances and resolutions of the City of Linden, and such rules and regulations which may be established.

§ 2-12.7 Training of Policemen.

[1979 Code § 2-10.7; Ord. No. 29-38]

a. No person shall hereafter be given or accept a permanent appointment as a police officer in the City of Linden unless such person 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, in accordance with applicable statutes and regulations.

b. This subsection shall not prohibit the giving or accepting of a probationary or temporary appointment as a police officer for a period not to exceed one year, to enable a person seeking a permanent appointment to complete a police training course as prescribed by the Police Training Commission.

c. No person shall be permitted to take a police training course unless he holds a probationary or temporary appointment as a police officer in the City of Linden, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course pursuant to law.

§ 2-12.8 Eligibility for Promotional Examinations.

[1979 Code § 2-10.8; Ord. No. 29-38]

Police officers of the City must complete three years of permanent status to be eligible to take promotional examinations within the Department of Police.

§ 2-12.9 Auxiliary Police.

[Ord. No. 44-04 § 1; Ord. No. 47-60 § 1]

a. There is hereby established within the City of Linden an Auxiliary Police Force to be known as the Linden Auxiliary Police.

b. The Table of Organization for the Linden Auxiliary Police shall consist of no more than 25 members to be appointed by the governing body.

c. The chain of command of the Linden Auxiliary Police shall be as follows: The Linden Emergency Management Coordinator and/or Police Chief shall supervise and be responsible for all such operations. Under the Emergency Management Coordinator and/or Police Chief there shall be the following positions in descending order, each of which shall report to the next highest position: one Chief; one Captain; two Lieutenants; three Sergeants; 18 officers. Training Officers may be designated from the membership at the discretion of the Auxiliary Police Chief.

d. Promotions will be made from existing members in good standing. All recruits/members will begin at the position of probationary auxiliary police officer. Following the completion of a one-year probationary period, all recruits/new members will attain the position of auxiliary police officer. Auxiliary police officers must serve at least two years of active duty, exclusive of the aforesaid probationary period, before being eligible for promotion. Once promoted, said officer must serve at least two years in the promotional position before being considered for any other promotion. Any officer who has been suspended will not be eligible for promotion for two years from the date of suspension.

e. The Emergency Management Coordinator and/or Police Chief shall be empowered to promulgate rules, regulations, and policies necessary to effectuate the purposes hereof, including, but not limited to, all aspects of recruitment, uniforms and equipment, and operations of the Linden Auxiliary Police.

f. Any duly appointed member of the Linden Auxiliary Police is empowered to sign complaints pursuant to R.7:2-1(d) and N.J.S.A. 39:4-139.4 for any violation of any Linden municipal ordinance or New Jersey state statute regulating the parking of motor vehicles.

§ 2-12.10 Off-Duty Employment of Police Officers for Police-Related Activities.

[Ord. No. 51-65 § I; Ord. No. 52-03 § I; Ord. No. 56-25; Ord. No. 61-68; Ord. No. 62-9; amended 12-19-2023 by Ord. No. 67-85]

a. Purpose. The City wishes to assist persons and entities by, under certain circumstances, (a) allowing them to utilize the services of off-duty City police officers, (b) authorizing outside employment of off-duty City police officers within Union County, and (c) complying with various New Jersey Attorney General Opinions, and State statutes and regulations. The City seeks to accomplish these purposes by establishing policies and procedures regarding the use of and compensation for said off-duty City police officers.

b. Approval of Employment.

1. Off-duty City police officers shall be permitted to perform on behalf of private employers, nonprofit entities and/or City related groups, police-related activities which are not prohibited by State law and/or regulation and/or City law ("police-related activities") only during each respective City police officer's off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the City as determined by the Chief of Police.

2. An off-duty City police officer performing police related activities shall be providing such services as if they were performing such police-related activities for the City and shall be subject to Police Department discipline and control in connection with their actions and/or inactions concerning the police-related activities.

3. Any private person or entity, including any other municipality or governmental entity other than the City or its agencies, boards, etc. ("person"), wishing to have off-duty City police officers perform police-related activities shall first obtain approval of the Chief of Police, which approval shall be granted if in the Chief's opinion such police-related activities are not inconsistent with the Police Department's efficient functioning and good reputation and would not unreasonably endanger or threaten the police officers performing such police-related activities.

4. In the event that the Chief of Police approves a particular police-related activity, the Chief or the Chief's designee shall post within the Police Department notice of the availability of such police-related activities.

5. The Chief of Police shall also post a list of those activities which the Chief has determined shall not be considered police-related activities. The number of continuous hours by which such off-duty officers are permitted to work in conjunction with their regular police duties shall be determined by the Chief of Police.

6. Procedures set forth in this section shall apply even if the third party making the request is another municipality when making such a request on behalf of private person or entity.

c. Requests for Services.

1. All requests to the City of off-duty City police officers to perform police-related activities shall be submitted to the Chief in writing.

d. Rates of Compensation, Administration Fees; Payment for Services.

1. The hourly compensation is the rate that any off-duty police officer shall be paid for performing police- related activities.

2. A nonrefundable administrative fee of fifty ($50.00) dollars per job per off-duty City police officer will be established, along with an additional administrative fee of two ($2.00) dollars per hour, which will be dispensed to the PBA/LPSOA, one ($1.00) dollar each. Said fees are established to cover the City's costs, overhead, benefits for off-duty officers and out-of-pocket expenses.

3. If a patrol car is requested by the person in connection with a police-related activity the person shall pay one hundred fifty ($150.00) dollars per job per vehicle required.

4. The City shall pay the off-duty City police officer in the manner provided by the City's current salary ordinance. The off-duty City police officer shall be compensated at a rate equal to 1.5 times the hourly base pay of the highest-grade Police Officer (rounded to the nearest whole dollar) for jobs requiring traffic control. The job hourly rate within this range shall be established by the PBA/LPSOA in consultation with the Chief and notice to the Finance Committee. Except if otherwise agreed by the person and by the PBA an officer shall be guaranteed a minimum of four (4) hours pay. For any job that occurs on a New Jersey State Holiday, the off-duty officer shall be compensated at a rate of time and one-half of the normal rate. The off-duty City police officer shall not be paid if the police-related activity is canceled by the person more than three (3) hours before the police-related activity is scheduled to commence. If the person requesting the police-related activity cancels the request less than three (3) hours prior to the service, the off-duty City police officer shall be paid for four (4) hours at the hourly rate described above. The off-duty City police officer shall receive his/her pay for the police-related activity on the next regular scheduled payday after the police-related activity has been performed.

5. For any traffic control job in excess of four (4) hours, the officer will be compensated for no less than eight (8) hours minimum. For any traffic control job that exceeds eight (8) hours, the officer will be compensated at a rate of time and one-half for the time worked in excess of eight (8) hours, in thirty (30) minute increments. For any traffic control job that occurs between 6:00 p.m. and 6:00 a.m., the off-duty officer shall be paid at a rate of time and one-half for the hours worked in that timeframe. For any traffic control job that occurs on a weekend, or is not scheduled at least twelve (12) hours in advance, the off- duty officer shall be compensated at a rate of time and one-half of the normal rate.

6. The City may choose to utilize a secondary service to administrate and perform the above actions related to the off-duty employment process. These actions include but are not limited to: Communicating with said person or company to schedule off-duty "jobs", Scheduling the Officers for the said jobs, Invoicing person or company and receiving escrow and or payments from person or company in a manner set forth by the secondary service provider. The secondary service provider may charge an additional fee for services that is above and in addition to the fee structure stated above and utilize business type collection rules as set forth in the contract between the City and the secondary service provider.

The secondary service provider will reimburse the City via ACH or other funds transfer methods, according to the fees set forth above, due to the City and Officer, in a timely manner, usually coinciding with payroll periods for "jobs" that the officers have performed or were scheduled for, in accordance with the above listed rules of employment between the City and person(s) or company seeking services.

§ 2-12.11 Division of Central Dispatch 9-1-1.

[Ord. No. 52-41 § 1; Ord. No. 53-23 § 1; Ord. No. 53-39 § 1]

There is hereby created and established within the organizational structure of the City of Linden Police Department a Division of Central Dispatch 9-1-1, the head of which shall be the Police Chief.

§ 2-12.12 Special Law Enforcement Officers.

[Ord. No. 58-06; Ord. No. 62-45]

a. Special law enforcement officers.

1. Definitions. As used in this subsection, the following terms shall have the meanings indicated:

SPECIAL LAW ENFORCEMENT OFFICER

Any person appointed pursuant to N.J.S.A. 40A:14-146.8 et seq. to temporarily or intermittently perform duties similar to those performed regularly by members of the Police Department, or to provide assistance to the Police Department during unusual emergency circumstances.

2. Creation of position. The Mayor, with advise and consent of Council, may appoint special law enforcement officers as it deems necessary for the preservation of peace and good order in the City of Linden. They shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief of Police, the superior officer in charge as designated by the Chief of Police.

3. Qualifications. No person may be appointed as a special law enforcement officer unless such person:

(a) Is a resident of the State of New Jersey during the term of the appointment.

(b) Residents of the City of Linden shall be given preference for appointments as special officers. Nonresidents certified as special officers by the New Jersey Police Training Commission may be considered for appointment at the discretion of the appointing authority.

(c) Is able to read, write and speak the English language well and intelligently and has a high school diploma or equivalent.

(d) Is sound in body and of good health.

(e) Is of good moral character.

(f) Has not been convicted of any offense involving dishonesty which would make him/her unfit to perform the duties of the office of special law enforcement officer.

(g) Has successfully undergone similar psychological testing that is required of all full-time police officers.

(h) Complies with all other requirements set forth in N.J.S.A. 40A:14-146.8 et seq., the administrative rules and regulations of the Departments of Law and Public Safety and the general ordinances of the City of Linden.

4. Classification. Special law enforcement officers shall be classified as belonging to either Class One, Class Two or Class Three, based upon the duties to be performed by each class, as follows:

(a) Class One.

(1) Class 1-A. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief of Police, the law enforcement officer designated by the Chief of Police.

(2) Class 1-B. Class 1-B officers shall have the same powers as Class 1-A officers and, in addition, shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of City ordinances, and violations of N.J.S.A. 39:1-1 et seq.

(3) Firearms. The use of a firearm by a Class One special law enforcement officer shall be strictly prohibited. No Class One officer shall be assigned any duty which may require the carrying or use of a firearm.

(b) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by a Class Two special law enforcement officer may be authorized only after the officer shall have been fully certified as successfully completing training, as prescribed by the Police Training Commission established in the Police Department.

(c) Class Three. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a County college on the school or college premises during hours when the public or non-public school or college is normally in session or when it is occupied by public or non-public school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or County college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.

(1) The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection l of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.

(2) The Chief of Police may, in his discretion, except from the requirements of this section any person who demonstrates to the commission's satisfaction that the person has successfully completed a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of this act.

(3) The Chief of Police shall certify officers who have satisfactorily completed training programs and issue appropriate certificates to those officers. The certificate shall clearly state the category of certification for which the officer has been certified by the Chief of Police.

(4) All special law enforcement officers appointed and in service on the effective date of this act may continue in service if within 24 months of the effective date of this subsection they will have completed all training and certification requirements of this subsection. (This Subsection 2-12.12 was adopted July 17, 2018.)

5. Training course. No person shall commence duties as a special law enforcement officer until having successfully completed a training course approved by the Police Training Commission. In addition, no Class Two special law enforcement officer shall be issued a firearm prior to having successfully completed the basic firearms course required by the Police Training Commission for permanent, regularly appointed police and annual requalification examinations.

6. Persons ineligible for appointment. No person shall be eligible to serve as a special law enforcement officer in the City of Linden if that person intends to serve as a special law enforcement officer in another municipality, nor shall any permanent, regularly appointed full-time police officer be permitted to simultaneously serve as a special law enforcement officer in the City. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the City or supervision of the Police Department shall be appointed as a special law enforcement officer.

7. Fingerprints. Every applicant appointed to the position of special law enforcement officer shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

8. Powers and authority. The Chief of Police, or, in the absence of the Chief of Police, such other law enforcement officer designated by the Chief of Police, may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as permanent, regularly appointed police officers, including, but not limited to, the carrying of firearms and the power of arrest, subject to rules and regulations not consistent with the certification requirements of N.J.S.A. 40A:14-146.8 et seq., as may be established by the Code of the City of Linden.

9. Appointment; term; revocation. A special law enforcement officer may be appointed for a term not to exceed one year. The powers and duties of a special law enforcement officer shall cease at the expiration of the term to which the special law enforcement officer shall have been appointed. At the expiration of such term, the Mayor and City Council shall have absolute discretion in determining whether to reappoint. The appointment of a special law enforcement officer may be revoked by the Mayor for cause and after an administrative hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require the reappointment upon the expiration of the terms. Such special law enforcement officers shall not be classified as regular members of the Police Department entitled to tenure and other benefits of the Police Department. They shall receive such compensation for their services as recommended by the Mayor and Council and set forth in the City of Linden Salary Ordinance.

10. Duty times. A special law enforcement officer shall be deemed to be on duty only while performing the public safety functions on behalf of the City pursuant to N.J.S.A. 40A:14-146.8 et seq., and when receiving compensation, if any, from the City at the rates or stipends as established by ordinance. A special law enforcement officer shall not be deemed to be on duty while performing private security duties for private employers, which duties are not assigned by the Chief of Police or his/her designee, or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Chief of Police, or his/her designee, to perform public safety functions for a private entity if the Chief of Police or, or his/her designee, supervises the performance of the public safety functions. If the Chief of Police, or his/her designee, assigns a public safety duty and supervises the performance of those duties, then, notwithstanding that the City is reimbursed for the cost of assisting a special law enforcement officer at a private entity, the special law enforcement officer shall be deemed to be on duty.

11. Hours of employment. Except in periods of emergency, in which event there shall be no limitation as to hours per week, no special law enforcement officer may be employed for more than 20 hours per week. An "emergency" shall be defined as any sudden, unexpected or unforeseeable event requiring the immediate use or deployment of law enforcement personnel, as shall be determined by the Mayor and/or the Chief of Police or his/her designee. Vacations, shortages in police personnel caused by vacancies unfilled for more than 60 days or any other condition which could reasonably have been anticipated or foreseen shall not constitute an emergency.

12. Supervision; conduct. A special law enforcement officer shall be under the supervision and direction of the Chief of Police or his/her designee and shall perform all duties solely with the City of Linden, except when in fresh pursuit of any person, pursuant to N.J.S.A. 2A:156-1 et seq. A special police officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the City, as well as all rules and regulations applicable to the conduct and decorum of special law enforcement officers.

§ 2-12.13 Police Chaplain.

[Ord. No. 62-3]

a. Position Created. The position of Police Chaplain for the City of Linden Police Department is hereby created in accordance with N.J.S.A 40A:14-141. Said position is volunteer and under the direction of the Chief of Police.

b. Qualifications. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. All Chaplains shall be subject to the residency requirements of the Code of the City of Linden. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulation of the City of Linden 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 City of Linden Police Department in death notifications, station house adjustments and any other duties 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 the 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 he/she believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the City of Linden Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police, Senior Police Chaplain and Chaplain liaison to determine his/her qualifications in accordance with this subsection and shall make recommendations to the Mayor regarding the appointment of Chaplain. The Mayor shall appoint Chaplains in accordance with this subsection with the advice and consent of City Council.

§ 2-12.14 (Reserved)

[Former § Division of Information Technology, was deleted 4-18-2023 by Ord. No. 67-26. Prior history includes Ord. No. 63-61.]

§ 2-13 DEPARTMENT OF FIRE.

§ 2-13.1 Creation of Department; Supervision.

[1979 Code § 2-11.1; Ord. No. 29-38; Ord. No. 31-49 § 1; Ord. No. 48-70; Ord. No. 49-29; Ord. No. 49-71; Ord. No. 50-27; Ord. No. 50-41; Ord. No. 51-47; Ord. No. 51-85; Ord. No. 58-10; amended 10-16-2018 by Ord. No. 62-75; 11-20-2018 by Ord. No. 62-82; 2-16-2021 by Ord. No. 65-4]

a. The Department of Fire is hereby created pursuant to N.J.S.A. 40A:14-7 and shall consist of a Chief and as many firefighters, lieutenants, captains, deputy chiefs and civilian personnel as the Council may determine by ordinance. The Department shall be under the day to day supervision of a Chief, who shall be appointed by the Council.

b. The following positions and ranks shall constitute the Table of Organization of the Department of Fire:

Chief	1
Deputy Fire Chiefs	6
Fire Captains	17
Fire Lieutenants	14
Firefighters	79

§ 2-13.2 Qualification of Members.

[1979 Code § 2-11.2; Ord. No. 29-38; Ord. No. 33-11 § 1]

All applicants for appointment to or for promotion within the Fire Department shall be qualified for appointment or promotion as required by law, ordinance and civil service rules and regulations. All applicants for appointment shall be residents of the City of Linden and must maintain continuous residency within the City of Linden from the announced closing date of the Department of Personnel examination up to and including the date of appointment.

§ 2-13.3 Powers and Duties.

[1979 Code § 2-11.3; Ord. No. 29-38]

The rights, privileges, powers and duties of the members of the Department of Fire shall be those prescribed by the laws of the State of New Jersey, the provisions of this revision, other ordinances and resolutions of the City of Linden and such rules and regulations which may be established.

§ 2-13.4 Rules and Regulations.

[1979 Code § 2-11.4; Ord. No. 29-38; New]

The Council shall establish such rules and regulations not inconsistent with the laws of the state or the ordinances of the City, for the government and control of the Department of Fire as may be necessary to make the Department of Fire efficient and effective. These rules shall be established by the Council upon recommendation of the Fire Committee by the passage of a resolution embodying the same and when so established shall be binding upon all the officers and members of the Department of Fire. Printed copies of such rules shall be supplied and made available.

§ 2-13.5 Emergency Medical Services.

[1979 Code § 2-11.5; Ord. No. 29-38]

There is hereby created within the Department of Fire a Division of Emergency Medical Service (E.M.S.) which shall consist of as many emergency medical technicians and uniformed firefighters (E.M.T., U.F.D.) as may be necessary, pursuant to the rules and regulations promulgated by the Department of Personnel, which positions shall be promotional.

§ 2-13.5A Ambulance Service.

[Ord. No. 41-44 §§ 1, 2]

a. The Fire Department of the City of Linden may provide emergency ambulance service for members of the general public, which shall be subject to the priority of demands of Fire Department personnel.

The fees for such services shall be determined by further resolution of the governing body.

b. The appropriate City Departments are directed and empowered to establish reasonable rules and regulations, not inconsistent with the provisions hereof, to implement and effectuate the purposes of this subsection, and the appropriate City officials be and hereby are empowered to execute any documents necessary to effectuate same.

§ 2-13.5B Third-Party Payment Plan for Emergency Medical Services.

[Ord. No. 47-72 § 1; Ord. No. 51-77 § 1; Ord. No. 54-75; Ord. No. 58-11; Ord. No. 61-25; amended 3-16-2021 by Ord. No. 65-6]

a. The New Jersey State Department of Health has issued licensure for the City of Linden Emergency Medical Services Program (the "Program") administered by the City of Linden Ambulance Services.

b. The Program has been in operation providing experience and statistics regarding the service and the patients served.

c. The Division has applied for a "provider number" from the Federal and State Medicare/Medicaid Programs, enabling the City of Linden to institute a third-party payment plan.

d. Most residents have a health insurance plan or Medicare/Medicaid, which provides payments to relieve their payment obligations; and as for Medicare, the Center for Medicare/Medicaid Services has issued an opinion by the Office of Investigative General that municipalities that operate ambulance service can waive copays and deductibles for Medicare patients.

e. It is in the best interest of the taxpayers of the City of Linden to establish the third-party payment plan in accordance with the Health Care Finance Administration guidelines ("HCFA") so that taxpayers will not be responsible for any out-of-pocket expenses.

1. The Director of the Division (the "Director") and the Chief Financial Officer of the City of Linden (the "CFO") in consultation with the City of Linden's EMA Program Consultant will be responsible for the plan's billing.

2. Fees.

[Amended 3-16-2021 by Ord. No. 65-6; 3-15-2022 by Ord. No. 66-10]

Load	$1,000
Mileage	$20 per mile
Pronouncement Fee (DOA)	$950
RMA	$200
Oxygen	$65
Cervical Collar	$45
Cpap Device	$95
Extra Attendant	$300
EPI Pen	$150
Naloxone	$95
Rescue (jaws of life, confined Space and trench)	$1,500

3. The Director and the CFO will annually review the plan's cost accounting records. The CFO shall obtain an industry average.

4. The Division is authorized to enter into contracts with various hospitals that provide ALS services to the patients that are transported by the City Ambulance Service, allowing the hospitals to bundle bill Medicare for services rendered. The hospital will reimburse the City its transportation costs within 30 days of receiving payment.

5. The CFO shall annually, no later than September 1, adjust the fee for services as set forth in Paragraph e2 herein pursuant to the recommendation of the Director and the EMS program consultants.

6. A certified copy of this subsection shall be filed with the applicable federal and/or state agencies.

§ 2-13.6 Authority at Fires and Other Emergencies.

[1979 Code § 2-11.6; Ord. No. 29-38]

The Chief or his duly authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, are empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. The Chief or his duly authorized representatives may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Department of Fire and may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so.

§ 2-13.7 Interference with Department of Fire Operations.

[1979 Code § 2-11.7; Ord. No. 29-38]

It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any Department of Fire vehicle in any way or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Department of Fire operation.

§ 2-13.8 Vehicles Crossing Fire Hose.

[1979 Code § 2-11.9; Ord. No. 29-38]

A vehicle shall not be driven or propelled over any unprotected fire hose of the Department of Fire when laid down on any street, alley-way, private drive or any other vehicular roadway without the consent of the Chief or duly authorized representative in command of the operation.

§ 2-13.9 Blocking Fire Hydrants and Fire Department Connections.

[1979 Code § 2-11.10; Ord. No. 29-38; New]

It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Department of Fire connections that are located on public or private streets and access lanes, or on private property.

If, upon the expiration of the time mentioned in a notice of violations, obstructions or encroachments are not removed, the City may proceed to have same removed and may institute legal action to recover the costs of any such work, if feasible.

§ 2-13.10 Hydrant Use Approval.

[1979 Code § 2-11.11; Ord. No. 29-38]

A person shall not use or operate any fire hydrant intended for use of the Department of Fire for fire suppression purposes unless such person first secures permission of such use from the Chief or duly authorized representative and the water company having jurisdiction. This subsection shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by, the water company having jurisdiction.

§ 2-13.11 Public Water Supply.

[1979 Code § 2-11.12; Ord. No. 29-38]

The Chief or duly authorized representative shall recommend to the governing body of the City the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Chief or duly authorized representative.

§ 2-13.12 Yard Systems.

[1979 Code § 2-11.13; Ord. No. 29-38]

All new and existing ship yards, oil storage plants, lumber yards, amusement or exhibition parks, and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards, and which are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Official and shall be connected to a water system in accordance with accepted engineering practices. The Chief or duly authorized representative shall designate and approve the number and location of fire hydrants. The Chief or duly authorized representative may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Chief or duly authorized representative.

§ 2-13.13 Maintenance of Fire Suppression Equipment.

[1979 Code § 2-11.4; Ord. No. 29-38]

A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Uniform Construction Code, Uniform Fire Code, or other applicable code except for the purpose of extinguishing fire, training or testing purposes, recharging, or making necessary repairs, or when permitted by the Chief or duly authorized representative. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Chief, Fire Official or duly authorized representative.

§ 2-13.14 Fire Alarm Bureau.

[1979 Code § 2-11.15; Ord. No. 29-38]

Within the Department of Fire, there shall be a Fire Alarm Bureau, which shall consist of as many members of the Department and civilian personnel as the Chief may deem necessary.

§ 2-13.15 Fire Watch Work.

[Added 9-18-2018 by Ord. No. 62-63]

The fee for said service shall be $50 an hour plus an administration fee due the City of Linden in the amount of $2 an hour.

§ 2-14 DEPARTMENT OF FINANCE.

§ 2-14.1 Creation of Department; Divisions.

[New; Ord. No. 42-33 § 1]

There shall be a Department of Finance which shall have jurisdiction over the financial affairs of the City. The Department of Finance shall include the following Divisions:

a. Division of the Treasury.

b. Division of the Tax Collections.

c. Division of Purchasing.[1]

[1] Editor's Note: Former Subsection d, Division of Computers, which immediately followed this subsection, was repealed 12-17-2019 by Ord. No. 63-61. See now § 2-12.14.

§ 2-14.2 Appointment; Chief Financial Officer.

[New]

a. The head of the Department of Finance shall be the Chief Financial Officer who shall also serve as City Treasurer. The Chief Financial Officer shall be appointed by the City Council pursuant to N.J.S.A. 40A:9-140.10.

b. Powers and Duties. The Chief Financial Officer shall possess all powers and rights as defined by New Jersey Statutes and the New Jersey Administrative Code, and shall be responsible for:

1. Developing, coordinating, and maintaining an integrated system of financial staff services including accounting, budgeting, and financial reporting.

2. Exercising effective control over the financial resources of the municipality and the financial resources of departments within the municipality.

3. Coordinating and synthesizing financial and management data so as to interpret the composite financial results of operations to the Mayor, City Council and all levels of management.

4. Preparing the annual City budget.

5. Advising on, developing, coordinating, and carrying out financial policies, procedures, and plans for all departments.

6. Monitoring expenditures for consistency of charges within the chart of accounts.

7. Reviewing, analyzing, evaluating, and reporting upon program accomplishments in financial terms.

8. Advising the Mayor, City Council and management officials by supplying financial management advice required to make management decisions and establish organizational goals and objectives.

§ 2-14.3 Division of the Treasury.

[New]

a. Within the Department of Finance there shall be a Division of the Treasury, the head of which shall be the City Treasurer. There shall be an Assistant City Treasurer appointed by the Chief Financial Officer who shall perform such duties as are assigned by the City Treasurer, and shall exercise all the powers and duties of the City Treasurer in the absence of the Treasurer. The Assistant City Treasurer shall be an assignment only, and need not hold the title Assistant City Treasurer.

b. Powers and Duties of the Treasurer. The Treasurer shall have, perform and exercise all the functions, powers and duties as provided by Law, municipal ordinances and resolutions. The Treasurer shall keep and maintain books and records of all financial transactions of the City 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. The Treasurer shall have custody of all public monies of the City.

The Treasurer shall furnish the Council once a month an itemized statement of expenditures of the City, setting forth therein all monies paid out under warrants or drafts, issued or drawn in the manner provided in the following section.

The Treasurer shall be responsible for the administration of all payroll and benefit programs. The Treasurer will also be responsible for all matters regarding New Jersey Department of Personnel rules and regulations and make appropriate recommendations to the appointing authority.

c. Procedure on Claims.

1. Any person claiming payment from the City shall present to the City Purchasing Agent a detailed bill of items or demand, on a City voucher or purchase order specifying particularly how the bill or demand is made up, with the certification of the party claiming payment that such bill is correct.

2. The Purchasing Agent shall see that the signature of the officer or employee, duly designated to certify that the materials have been received or the services rendered to the local unit, appears on every claim.

3. Claims so certified shall be prepared and totaled on a claims list by the Finance Department and given to the City Clerk for presentation for formal approval at a regular meeting. A list of all such bills shall be presented to members of the Council and to the Mayor at the Office of the City Clerk prior to such meeting.

d. Disbursements. Disbursements in payment of bills and demands shall be made by the Treasurer and approved by the Council, except that payments from the payroll account shall be made pursuant to paragraph (e) 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. Each warrant-check shall bear the signatures of the Mayor and the Treasurer.

e. Payroll Account. There shall be two (2) accounts to be designated the City of Linden Payroll Account and the City of Linden Payroll Dedication Account and, from time to time, the City Treasurer, upon receipt of a warrant or an amount due such payroll account, shall deposit the same 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 upon pre-audit and warrant of the Director of Finance 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 of such correction.

f. Travel Expenses. Itemized claims supported by receipts, shall be presented in order to obtain reimbursement for expenses incurred by local officials and employees when authorized to travel by the City. Travel expenses shall be reimbursed only in accordance with the travel regulations of the City set forth by resolution of City Council. The Director of Finance is authorized to reject any voucher for reimbursement pursuant to N.J.S.A. 40A:5-16 which does not comply with all City procedures and is not satisfactorily supported by complete evidence of expense.

§ 2-14.4 Division of Tax Collections.

[New]

Within the Department of Finance there shall be a Division of Tax Collection, the head of which shall be the City Tax Collector. The Tax Collector shall be appointed by the City Council and hold office pursuant to N.J.S.A. 40A:9-141 et seq. Under the direction and supervision of the Director of Finance, the Tax Collector shall perform such duties as imposed by New Jersey Statute and by the ordinances of the City in relation to the collection of taxes, assessments and other monies due and payable to the City. All monies belonging to the City and paid to the Tax Collector or coming into the Tax Collector's hands shall be deposited daily and paid to the City Treasurer.

§ 2-14.5 Division of Purchasing.

[Ord. No. 42-33 § 1]

a. Purchasing Agent. Within the Department of Finance shall be the Division of Purchasing headed by the Purchasing Agent who shall be qualified pursuant to N.J.S.A. 40A:11-9b. Under the direction and supervision of the Director of Finance, the Purchasing Agent, the Senior Purchasing Assistant and Purchasing Assistant, shall act as the City's "contracting agents" for the purposes of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), and be responsible for all purchasing and for the preparation of all bids for public advertising, and shall administer the competitive contracting process (N.J.S.A. 40A:11-4.3b). The Purchasing Agent, Senior Purchasing Agent and Purchasing Assistant shall award such contracts in the manner provided by law and shall promptly report same to the City Council.

b. Powers and Duties. The functions and responsibilities of the Purchasing Agent shall include:

1. Procuring goods and services required by all City Departments, including the appropriate bid invitations, evaluations and recommendations to the awarding authority.

2. Updating and upgrading of specifications for all commodities and services purchased for the City to fit requirement decisions to the best market advantage of the City, considering all factors, including quantity, time and place.

3. Locating and developing sources of supply to establish dependable vendors who will work with the City.

4. Ensuring good relations with suppliers and good vendor performance in delivery, quality, pricing, invoicing and assistance when needed.

5. Collecting, selling and disposing of surplus property in accordance with applicable law.

6. Developing and installing a comprehensive inventory and control system for all equipment.

7. Administration and monitoring of all municipal contracts, leases and agreements.

c. Purchase Order System. All purchases and contracts awarded for supplies, materials, service or equipment shall be pursuant to the Public Contract Law N.J.S.A. and the following procedures. All purchases of materials, equipment, supplies, work and labor required by any Department, Office or agency shall be made through the Purchasing Agent.

1. Requisition on Purchasing Agent. Pursuant to the Director of Finance's designation of applicable subaccounts within the chart of accounts, all purchases for any Department shall be made by the Purchasing Agent, pursuant to a written requisition from the Head of the Department whose appropriation will be charged and the certification of the Chief Financial Officer that a sufficient unencumbered balance of appropriation is available. No Official or Department shall obligate the City except through the use of this requisition form on the Purchasing Agent. Prior to payment, funds shall be encumbered by the Chief Financial Officer. All such purchases which require competitive bidding shall conform to applicable requirements of the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.

2. Purchase Order. Having reached a decision as to where to place the order, a pre-numbered purchase order shall be prepared by the Purchasing Department and signed by the Purchasing Agent.

3. The Head of each Department shall designate, in writing, the name or names of employees in the Department authorized to receive supplies, materials and equipment. The person so designated shall accept deliveries and sign for them only where the goods are in exact conformity with the order. Should there be any doubt as to quantity or quality, the receiving employee shall immediately notify the Department Head for appropriate action. If any supplies, materials or equipment are rejected, the Department Head shall immediately notify the Purchasing Agent.

4. Standards and Tests. The Purchasing Agent shall establish or approve uniform standards for requisitions and purchases. The Purchasing Agent shall control the delivery of all supplies, materials and equipment and other items purchased and shall make or cause to be made test checks and inspections thereof. He shall ascertain whether supplies, materials, equipment and other items purchased comply with the specifications and shall cause laboratory or other tests to be made whenever, in his opinion, it is necessary to determine whether the materials, supplies or equipment furnished are of the quality and standard required.

5. Voucher (City Bill Form). A regular City bill form shall be sent with each purchase order to the vendor. Upon receipt of the bill from the vendor, the using Department shall complete the voucher indicating that it has received the service, material, supplies or equipment and attach the invoice or shipping tickets to the voucher. The Department Head shall sign the voucher indicating that the items were received or the work performed and that payment may now be made. The Purchasing Agent shall check all figures and receipts before authorizing payment. The voucher shall be then transmitted to the City Clerk for the approval of the respective Committees of the City Council for authorization for payment.

6. No purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by this section have been followed.

d. Change Orders and Contingencies. The City Council shall be required to authorize all change orders except:

1. Minor field modifications, to the extent normally permitted by the City Council and its appropriate administrative officials, shall be authorized by the Purchasing Agent, provided they do not affect the overall scope of work of the contract. If change orders will result in an inability to complete the full contracted scope of services without increasing the contracted price, the City Council shall approve in advance.

2. If the awarded contract includes a sum for contingencies, such sum shall be encumbered against the particular appropriation, and charges against that amount may be authorized by the Purchasing Agent.

e. Emergency Contracts. The Purchasing Agent shall be designated as the person to be notified, by the official in charge of the agency wherein the emergency occurred, of the need for the performance of a contract, the nature of the emergency, the time of its occurrence and the need for invoking this section. If the Purchasing Agent is satisfied that an emergency exists, then he shall be authorized to award a contract or contracts for such purposes as may be necessary to respond to the emergent needs. Such notification shall be reduced to writing and filed with the Purchasing Agent as soon as practicable.

§ 2-14.6 (Reserved) [1]

[1] Editor's Note: Former Subsection 2-14.6, Division of Computers, as amended, was repealed 12-17-2019 by Ord. No. 63-61. See now § 2-12.14.

§ 2-15 DIVISION OF PERSONNEL SERVICES.

§ 2-15.1 Establishment.

[Ord. No. 51-26 § 1; Ord. No. 61-49]

The Division of Personnel Services shall be under the supervision and direction of the City Clerk and shall consist of a personnel supervisor, labor relations specialist and administrative assistants.

§ 2-15.2 Personnel Supervisor.

[Ord. No. 51-26 § 1]

Personnel Supervisor shall:

a. Supervise the Division work and staff.

b. Delegate work as the Supervisor deems appropriate.

c. Have knowledge of Department of Personnel and Civil Services rules, regulations and procedures, including Civil Service requirements.

d. Have knowledge of Department of Personnel software and programs.

e. Communicate with Department of Personnel regarding matters of personnel concern.

f. Communicate with Department Heads and the Personnel and Finance Committee regarding personnel and negotiations issues.

§ 2-15.3 Labor Relations Specialist.

[Ord. No. 51-26 § 1]

Under the direction of the Supervisor of the Division of Personnel the Labor Relations Specialist shall:

a. Confer with Department Heads and Labor Representatives regarding Civil Service statutes, regulations and procedures.

b. Reviews labor contracts to ensure that management adheres to contract specifications.

c. Studies and interprets collective bargaining agreements and current labor market conditions to assist in establishing policies and operating procedures.

d. Confer with Department Heads, labor representatives, and workers to resolve grievances.

e. Prepares summary and statistical reports of employee grievances and settlements.

f. Participates in informal programs to effect cooperation and coordination in union-management relations.

g. Assist with public personnel administration.

h. Apply, interpret, and read provisions of laws relating to personnel and labor-management relations matters and rules, regulations, policies and procedures.

§ 2-15.4 Administrative Assistant.

[Ord. No. 51-26 § 1]

Under the direction of the Supervisor of the Division of Personnel the Administrative Assistant shall:

a. Provide administrative and secretarial assistance to the Supervisor of the Division of Personnel.

b. Assist in the implementation and process paperwork and answer questions regarding insurance benefits and leave requests for staff.

c. Investigate or assist in the investigation of harassment claims filed with the City regarding City staff pursuant to City policies.

§ 2-16 (RESERVED)

§ 2-17 DEPARTMENT OF ASSESSMENTS.

§ 2-17.1 Municipal Tax Assessor.

[New]

There is hereby created a Department of Assessments, the head of which shall be the Municipal Tax Assessor. The Tax Assessor shall be appointed by the City Council and hold office and a Tax Assessor Certificate pursuant to N.J.S.A. 54:1-35.25 et seq.

§ 2-17.2 Powers and Duties.

[New]

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 for each separate parcel of real property assessed or exempted.

c. Maintain a current tax map of the City 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 the Department of Engineering as provided by the Code.

§ 2-17.3 Deputy Tax Assessor.

[New]

There is hereby created the position of Deputy Tax Assessor who shall be appointed pursuant to law by City Council and shall have, perform and discharge all of the functions, powers and duties of the Tax Assessor in the absence or unavailability of the Tax Assessor or as directed by the Tax Assessor.

§ 2-18 (RESERVED) [1]

[1979 Code §§ 2-8.1—2-8.9; Ord. Nos. 52-35, 52-42, 53-09, 54-10, 54-38; repealed by Ord. No. 54-68]

[1] Editor's Note: Former Department of Public Works previously codified herein was repealed. See subsection 2-27.3 for Division of Public Works in the Department of Public Property and Community Services, subsequently reestablished as the Department of Public Works by Ord. No. 60-73, see Section 2-28.

§ 2-19 through § 2-21. (RESERVED)

§ 2-22 (RESERVED)

[1979 Code §§ 2-8A.1—2-8A.2; Ord. No. 28-49; Ord. No. 51-74; Ord. No. 52-06; deleted by Ord. No. 61-82 § 3. See Section 2-25 for Division of Engineering.]

§ 2-23 LAW DEPARTMENT.

§ 2-23.1 Establishment of Department; Municipal Attorney.

[1979 Code § 2-12.1; Ord. No. 25-28 § 1; Ord. No. 25-53 § 1; Ord. No. 32-3 § 1; Ord. No. 37-32 § 1; New; Ord. No. 46-33 § 3; Ord. No. 49-101 § 1; Ord. No. 50-63 § 1; Ord. No. 53-05 § 1; Ord. No. 54-02; Ord. No. 54-05]

a. There is hereby created and established in the City government a Department of Law which shall consist of a Director of Law-Municipal Attorney in the unclassified service, Assistant Municipal Attorneys and Municipal Prosecutor, both in the unclassified service, and such secretarial assistance as the City Council may determine to be necessary.

b. The head of the Department shall be the Municipal Attorney, who shall have been admitted to the practice of law in the State of New Jersey for at least four years. The Assistant Municipal Attorneys and Municipal Prosecutor shall each have been admitted to the practice of law in the State of New Jersey for at least two years. The Municipal Attorney, Assistant City Attorneys and the Municipal Prosecutor may also engage in the private practice of law.

c. The City Attorney shall be appointed by the City Council for a term of three years and shall receive such compensation as shall be provided by ordinance and by further resolution of the Council. Assistant City Attorneys shall be appointed by the City Council for a term of three years and shall receive such compensation as shall be provided by ordinance and by further resolution of the Council.

§ 2-23.2 Duties of Municipal Attorney.

[1979 Code § 2-12.2]

The Municipal Attorney, in addition to such other functions, powers and duties as may be delegated to him by ordinances and resolutions of the City Council shall:

a. Be the chief legal advisor of the City government, the attorney of record in all proceedings wherein the City of Linden or any department or officer thereof shall be a party by virtue of the official relationship.

b. Advise the Mayor, City Council and department heads, upon their request, on any and all legal matters relating to the City government.

c. Attend all meetings of the Council and all conferences of the Council as requested.

d. Prepare or supervise the preparation of and approve all ordinances, resolutions, contracts, deeds and other legal documents required by the Council.

e. Conduct appeals from orders, decisions or judgments affecting any interest of the City, or as directed by Council.

f. If requested, prepare, advise and prosecute disciplinary actions by department heads against employees within their departments.

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

h. Maintain a record of all actions, suits, proceedings and matters which relate to the City's interest, and report thereon as the Council may require.

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

§ 2-23.3 Salaries and Wages.

[1972 Code § 2-12.3; New; Ord. No. 46-33 § 3]

The salary and compensation of the Municipal Attorney shall be as provided by ordinance. This sum shall be paid in equal installments as other salaries in the City are paid.

The Municipal Attorney, Assistant Municipal Attorneys or Municipal Prosecutor shall receive additional compensation at the same rate that attorneys for the Insurance Fund Commission are compensated for any appearance before any court, tribunal, administrative or governmental agency, for any appearance involving pretrial procedure depositions, conferences, for attendance at any matter which is otherwise related to the official performance of his or her duties which exceeds 40 hours.

§ 2-23.4 Special Counsel.

[1979 Code § 2-12.4; New]

The Municipal Attorney shall recommend for approval of the Council such additional or special counsel to represent the City or to aid in the performance of the functions of the Law Department and in the preparation, trial or appeal of such cases in which the City may be a party or be interested, as he may deem necessary.

If the Municipal Attorney should be disqualified or indicate a conflict of interest with respect to any matter, the Council may appoint special counsel to represent the City for and with respect to such matters.

§ 2-23.5 Records and Papers.

[1979 Code § 2-12.5; Ord. No. 46-33 § 3]

Upon the termination of his service with the City, the Municipal Attorney shall forthwith surrender to his successor all City property, excluding privileged communications and work products, together with a written consent to substitution of his successor in all legal actions and proceedings then pending to which the City is a party. The Assistant Municipal Attorneys shall have a like duty and obligation upon the termination of service with the City.

§ 2-23.6 Substitution of Assistant Municipal Attorney or Municipal Prosecutor for Municipal Attorney.

[1979 Code § 2-12.6; Ord. No. 25-53 § 1; Ord. No. 32-3 § 1; Ord. No. 46-33 § 3]

In the event of the Municipal Attorney's absence or incapacity as set forth herein, an Assistant Municipal Attorney or the Municipal Prosecutor, whichever is designated, shall temporarily assume the duties and powers of the Municipal Attorney and is hereby authorized to act in his place and stead, and shall be and hereby is authorized to execute any and all documents that require the signature of the Municipal Attorney. These powers shall be suspended upon the return of the Municipal Attorney to his official duties.

§ 2-23.7 Assistant Municipal Attorneys.

[1979 Code § 2-12A.1-A.4; Ord. No. 23-68 § 1; Ord. No. 25-43 § 1; Ord. No. 32-3 § 1; Ord. No. 25-53 § 1; New; Ord. No. 46-33 § 3]

a. Duties of the Assistant Municipal Attorneys. The Assistant Municipal Attorneys, in addition to such other functions, powers and duties as may be delegated by ordinances and resolutions of the City Council, shall:

1. Be the assistant chief legal advisor of City government subject to the direction of the Municipal Attorney, and shall perform such duties, assignments, or functions as may be prescribed by the Municipal Attorney.

b. Salaries and wages. The salary and compensation of the Assistant Municipal Attorneys shall be as provided by ordinance. This sum shall be paid in equal installments as are other salaries in the City.

The Assistant Municipal Attorneys or Municipal Prosecutor shall receive additional compensation at the same rate that attorneys for the Insurance Fund Commission are compensated for any appearance before any court, tribunal, administrative or governmental agency, for any appearance involving pretrial procedure depositions, conferences, for attendance at any matter which is otherwise related to the official performance of his or her duties, which exceeds 40 hours.

c. Special counsel. If the Assistant Municipal Attorneys should be disqualified with respect to any matter, the Council may appoint special counsel to represent the City for and with respect to such matters.

d. Records and papers. Upon the termination of his service with the City, an Assistant Municipal Attorney shall forthwith surrender to his successor all City property, excluding privileged communications and work products, together with a written consent to substitution of his successor in all legal actions and proceedings then pending to which the City is a party.

§ 2-23.8 Municipal Prosecutor.

[1979 Code § 2-12B1, 2; Ord. No. 32-3 § 1; New; Ord. No. 46-45 § 1]

a. Established; duties. Pursuant to N.J.S.A. 2B:25-1 et seq., the position of Municipal Prosecutor in the Linden Municipal Court is hereby established. An Assistant Municipal Attorney may be designated and appointed to also serve as Municipal Prosecutor for a one-year term pursuant to N.J.S.A. 2B-25:4.

b. Salaries and wages. The salary and compensation of the Assistant Municipal Attorney serving as Municipal Prosecutor shall be as provided by ordinance.

§ 2-23.9 Municipal Public Defender.

[Ord. No. 35-44 §§ 1—4; Ord. No. 35-51 § 1; Ord. No. 38-14 § 1]

a. Creation. Pursuant to N.J.S.A. 2B:24-1 et seq., there is hereby created within the Table of Organization of the City of Linden the position of Chief Municipal Public Defender and the position of Municipal Public Defender.

[Amended 11-20-2012 by Ord. No. 56-61]

b. Appointment; term. The Chief Municipal Public Defender and the Municipal Public Defender shall each be an attorney-at-law licensed to practice law in the State of New Jersey and shall be appointed by the governing body by resolution for a term of one year and until his or her successor is appointed and qualifies and shall receive an annual salary as may be provided by ordinance.

[Amended 11-20-2012 by Ord. No. 56-61]

c. Representation of indigent defendants. The Municipal Public Defender shall represent indigent defendants entitled to representation pursuant to N.J.S.A. 2B:24-1 et seq., which representation shall include any reasonable and necessary interlocutory appeals in the Superior Court.

d. Application for representation. An indigent defendant may be required by the Judge of the Municipal Court, in his/her discretion, to pay an application fee of not more than $200 for the representation by the Municipal Public Defender.

e. Statutory reference. All duties, responsibilities, functions and eligibility issues covering the Municipal Public Defender, and applications therefor, shall be governed by N.J.S.A. 2B:24-1 et seq.

f. Collection and disbursement of monies. There is hereby created a dedication by rider trust fund under the custody and control of the Finance Director for the receipt and disbursement of monies collected hereunder in accordance with N.J.S.A. 2B:24-1 et seq.

g. Statutory authority. The provisions of N.J.S.A. 24-1 et seq. shall control any and all issues which may rise with respect to this subsection.

§ 2-24 (RESERVED) [1]

[1979 Code § 2-8B; Ord. No. 52-42; repealed by Ord. No. 52-49]

[1] Editor's Note: Former Department of the Municipal Garage previously codified herein was repealed. See now subsection 2-27.2, Division of Municipal Garage in the Department of Public Property and Community Services.

§ 2-25 DEPARTMENT OF COMMUNITY SERVICES. [1]

[Ord. No. 61-82; amended 12-18-2018 by Ord. No. 62-85]

[1] Editor's Note: Former Department of Central Dispatch 9-1-1, previously codified herein was repealed. See subsection 2-12.11 for Division of Central Dispatch 9-1-1 in the Department of Police.

§ 2-25.1 Department Established; Director of Community Services; Divisions.

[Amended 2-15-2022 by Ord. No. 66-5; 4-18-2023 by Ord. No. 67-26]

a. There is hereby created a Department of Community Services. Said Department shall have the following Divisions:

1. Division of Engineering.

2. Division of Public Works.

3. Division of Information Technology.[1]

[Added 4-18-2023 by Ord. No. 67-26]

[1] Editor's Note: Former paragraph 3, Division of Vehicle Maintenance, was repealed 2-15-2022 by Ord. No. 66-5.

4. Division of Transportation and Properties.

[Amended 12-20-2022 by Ord. No. 66-73]

5. (Reserved)

[The Division of Buildings and Grounds, previously codified in paragraph 5, was deleted 12-20-2022 by Ord. No. 66-73]

b. The Department of Community Services shall be under the supervision and direction of the Director of Community Services, who shall be responsible for the day-to-day operation and efficiency of said Department. The Director of Community Services shall be appointed by City Council. The Director shall have the authority to recommend appointments and hiring of employees, both permanent and temporary, to the City Council, for their consideration and approval, and shall have exclusive responsibility for assignment, direction, supervision and discipline, subject to applicable law, of all employees and resources of the Department. The Director shall report to the Mayor and City Council as directed on all matters concerning such Department and shall make recommendations as he or she deems to be in the best interests of said Department. The Department shall further be provided with the necessary supervisory, clerical, and maintenance personnel as City Council deems necessary for the effective delivery of services to the community.

c. The position of Deputy Director of Community Services is hereby created and shall be appointed by City Council. The City Engineer may serve as the Deputy Director of Community Services, if appointed by Council. The Deputy Director shall report to the Director of Community Services.

§ 2-25.2 Division of Engineering.

a. There shall be a Division of Engineering, the head of which shall be the City Engineer and such other professional and support staff as Council may authorize and appoint. The City Engineer shall report directly to the Director of Community Services.

b. The City Engineer shall perform the duties as prescribed by law and the ordinances of the City and such other duties as may be required of him by the Council or other municipal board of the City. He shall:

1. Have the custody and charge of, and shall keep in the place provided by the Council, all the maps and plans of streets, highways and sewers, and such other maps or plans as may belong to the City.

2. Perform all engineering services in connection with streets, roads, highways, public lands, and alleys to be laid out, opened, widened or altered in the City and shall make plans and profiles of the same.

3. Prepare all plans and specifications under the direction of the Council or other municipal boards and perform such engineering services as may be required by the Council or other municipal boards of the City.

4. Keep a complete record of all the streets, roads, highways, public lands and alleys, public parks and squares and other places hereafter laid out, opened or altered in the City.

5. Keep an accurate and complete record of all grades of streets and highways established by order of the Council and furnish a complete and accurate map in each case.

6. Inspect all work done for the City upon any contract for street paving, construction of sewers, grading streets, construction of sidewalks and any other public improvement which may be required by the Council or other municipal board of the City, and no payment shall be made under any contract for any work done under his direction until he has filed a report with the Council or other municipal board that the same has been done in accordance with the contract and specifications for the work.

7. Receive applications for and issue street opening permits.

8. Maintain the City Tax Map in accurate and current order.

§ 2-25.3 Division of Public Works.

a. There is hereby created a Division of Public Works, the head of which shall be the Assistant Superintendent of Public Works. The Assistant Superintendent of Public Works shall report directly to the Director of Community Services.

b. The Division of Public Works shall furnish services within the City including, but not necessarily limited to, construction and/or maintenance of streets, drainage, sanitary sewers, collection and disposal of waste and such other services as may be approved by the City Council.

c. The Division of Public Works shall be responsible for maintenance of all vehicles within the Department.

[Added 2-15-2022 by Ord. No. 66-5]

d. (Reserved)

e. Bureau of Sewers. Within the Division of Public Works there shall be a Bureau of Sewers. Under the direction and supervision of the Assistant Superintendent of Public Works, the Bureau shall operate, maintain and repair the City's sanitary and storm sewer system.

1. Fee created.

(a) Fee. The City of Linden, through its Division of Public Works, shall continue to offer sewer cleaning services to structures located within the City of Linden. Said services shall be limited to removing obstructions in sewer lines between the structure and the street.

(b) The fee for such services, commencing upon passage of this paragraph, shall be $100 per call, to be paid to the City of Linden by personal check, bank check or cashier's check. Said payment shall be made to the Tax Collector not later than 30 days from the completion of the service.

(1) If a homeowner requests the Bureau of Sewers more than once in a thirty-day period, said fee shall be waived.

(c) In the event said payment is not made within said thirty-day period, the City of Linden may pass an appropriate resolution placing a lien on the subject property until payment is in fact made.

(d) By seeking this service, the owner or other individual in custody or control of premises acknowledges, understands and agrees that the City of Linden, its employees, agents and servants shall be held harmless and released from any liability of any type whatsoever for any personal injury, property damage, or other losses or damages which may occur as a result of the rendition of such service. Prior to the performance of such service by the Division of Public Works, the homeowner or other individual in custody and control of said premises shall execute an appropriate hold-harmless/release form approved by the City. The failure to execute such form will result in services being denied. The Division of Public Works be and is hereby empowered to initiate all appropriate administrative action necessary to effectuate the purposes of this paragraph.

2. Said sewer charge will be enforced in accordance with N.J.S.A. 40A:26A-10, N.J.S.A. 40:14B-42 and N.J.S.A. 40:48-2.12f.

f. (Reserved)

g. Bureau of Recycling.

1. Within the Division of Public Works, there shall be a Bureau of Recycling, under the direction of the Assistant Superintendent of Public Works, which shall be responsible for the collection and processing of all recyclable materials pursuant to law.

2. Sanitation Inspector.

(a) There is hereby established with the Division of Public Works the position of Sanitation Inspector, who shall, under the direction of the Assistant Superintendent of Public Works, inspect trash, garbage, and other refuse collections and containers used therefor to ensure the proper collection and disposal of same in accordance with applicable law.

(b) The Sanitation Inspector(s) shall be empowered to issue summonses returnable in Linden Municipal Court for violations of any City ordinance relative to garbage and refuse disposal or recycling and shall have any other powers, duties and responsibilities imposed on the position by statute, regulation and other applicable law. All supervisors designated by the Director of Public Works shall have the same enforcement powers, including the power to issue summonses, as Sanitation Inspectors, as hereinabove defined.

(c) The appointment of the Sanitation Inspector(s) shall be in accordance with the rules and regulations of the Department of Personnel, and the salary for such position shall be as provided by ordinance.

3. Recycling Coordinator. There is hereby created and established within the Division of Public Works the position of Recycling Coordinator.

§ 2-25.4 Division of Information Technology. [1]

[Added 4-18-2023 by Ord. No. 67-26]

a. There is hereby created a Division of Information Technology, the head of which shall be the Director of Community Services or his designee and such other professional and support staff as Council may authorize and appoint.

b. The Division shall oversee all aspects of Information Technology operations as they pertain to day to day operations, scheduling, workflow management, building and maintenance, installations.

[1] [Former § 2-25.4, Division of Vehicle Maintenance, was repealed 2-15-2022 by Ord. No. 66-5.]

§ 2-25.5 Division of Transportation and Properties.

[Amended 12-20-2022 by Ord. No. 66-73]

a. There is hereby created a Division of Transportation and Properties, the head of which shall be the Supervisor of Traffic Maintenance, who shall report directly to the Director of Community Services.

b. The Division of Transportation and Properties shall repair meters, perform traffic maintenance and prepare signs.

c. The Division of Transportation and Properties shall maintain and repair all public property and buildings.

§ 2-25.6 (Reserved)

[The Division of Buildings and Grounds previously codified at subsection 2-25.6 was deleted 12-20-2022 by Ord. No. 66-73.]

§ 2-26 DEPARTMENT OF CONSTRUCTION AND INSPECTIONS.

§ 2-26.1 Establishment.

[New; Ord. No. 51-55; Ord. No. 54-60; Ord. No. 59-38]

The Department of Construction and Inspections shall be under the supervision and direction of the Construction Official and shall consist of a Code Division consisting of a Building Subcode Official; Electrical Subcode Official; Plumbing Subcode Official; Fire Subcode Official; Zoning Officer; Building Inspectors, and such secretarial, clerical and support staff as Council may determine necessary.

§ 2-26.2 Construction Code Division.

[1979 Code § 2-13.1]

There shall be a City Construction Code Division, as set forth in subsection 10-1.1 in conformance with the New Jersey Uniform Construction Code Act.

§ 2-26.3 Construction Board of Appeals.

[1979 Code § 2-13.2]

There shall be a Construction Board of Appeals for the City as set forth in subsection 10-1.1 and pursuant to the New Jersey Uniform Construction Code Act.

§ 2-26.4 Field Representative for Housing Inspection.

[1979 Code § 2-13.3]

Within the Board of Health there shall be a field representative for Housing Inspection. Under the direction of the Board of Health the Field Representative shall:

a. Investigate dwelling units for violations of the Housing Code of the City.

b. Investigate complaints against the Housing Code of the City.

c. Prepare reports on investigations; reinvestigate premises.

d. Make complete investigations of dwelling units, both inside and out, and list violations on printed forms.

e. Make investigations following complaints of lack of heat, filth, interior and exterior appearances, overcrowding and the like.

f. Prepare and turn in reports of investigations.

g. Keep necessary records and files.

§ 2-26.5 (Reserved) [1]

[1979 Code § 2-13.4; repealed by Ord. No. 51-55]

[1] Editor's Note: Former Division of Licenses previously codified herein was repealed. See subsection 2-33.3.1 for Division of Licenses under the City Clerk.

§ 2-26.6 (Reserved) [1]

[1979 Code § 2-13.5; repealed by Ord. No. 54-60]

[1] Editor's Note: Former Division of Weights and Measures previously codified herein was repealed.

§ 2-27 DEPARTMENT OF PARKS AND RECREATION.

[12-18-2018 by Ord. No. 62-85[1]]

[1] Editor's Note: This ordinance also provided for the repeal of former § 2-27, Department of Public Property and Recreational Services, adopted by Ord. No. 52-34, as amended.

§ 2-27.1 Created.

There is hereby created a Department of Parks and Recreation, which shall be responsible for the providing of leisure services, recreation programs for the various populations in the community, the planning, development and maintenance of all recreational facilities, and performing background checks on employees and volunteers. The Department shall be under the supervision and direction of the Director of Parks and Recreation, who shall be responsible for the day-to-day operation and efficiency of said Department. The Director shall have the authority to recommend appointments and hiring of employees, both permanent and temporary, to the City Council, for their consideration and approval, and shall have exclusive responsibility for assignment, direction, supervision and discipline, subject to applicable law, of all employees and resources of the Department. The Director shall report to the Mayor and City Council as directed on all matters concerning such Department and shall make recommendations as he or she deems to be in the best interests of said Department. The Department shall further be provided with the necessary supervisory, clerical, and maintenance personnel as City Council deems necessary for the effective delivery of services to the community.

§ 2-27.2 (Reserved)

§ 2-27.3 (Reserved)

§ 2-27.4 Criminal History Background Checks for Employees and Volunteers Involved in Recreation Programs.

The City Council of the City of Linden wishes to ensure that the City is providing the safest possible recreation programs for its youth. N.J.S.A. 15A:3A-1 permits nonprofit youth-serving organizations to request the State Police to perform a criminal background check on current and prospective employees or volunteers, in order to check the criminal histories of those employees or volunteers who have direct contact with minors, in order to eliminate those with convictions for certain crimes and disqualify prospective employees and volunteers who have been convicted of certain offenses. The City Council has determined that all employees and volunteers of programs sponsored by the City of Linden, or cosponsored by the City in connection with the Department of Parks and Recreation, who have regular, unsupervised access to minors involved in such programs shall be required to submit to criminal background checks at their own expense. The City would like all youth programs using City facilities, and all programs that are funded or supported by the City, in whole or in part (including, but not limited to, baseball, softball, soccer, football, lacrosse, etc.) be required to perform criminal background checks as a condition of using City facilities.

a. Background checks required.

1. Any nonprofit, youth-serving organization, as defined by state law, N.J.S.A. 15A:3A-1, including the City of Linden Department of Parks and Recreation, which operates a youth sports program that received funding from the City or utilizes facilities owned or maintained by the City of Linden shall require all employees and volunteers of that organization who have regular, unsupervised contact with minors to obtain a criminal history background check one time prior to commencing any employment or volunteer services.

2. All such employees or volunteers shall file completed applications for the background check, including fingerprints, prior to their first day of service. No such employee or volunteer shall be permitted to serve the organization unless that person consents, in writing, to the background check. Until a background check is complete, employees and volunteers shall not have regular, unsupervised contact with any minor.

3. The employee or nonprofit youth-serving organization shall bear the costs associated with conducting the background check, in accordance with fees established by the State Bureau of Identification and the Division of State Police and in accordance with N.J.S.A. 15A:3A-2d.

4. Any person who has undergone a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirements hereunder until three years have elapsed since the most-current background check.

5. Any person who is employed as a full-time staff member with the City of Linden School District shall be exempt from the requirements hereunder.

b. Conditions under which a person shall be disqualified from service.

1. A person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization if that person's criminal history background check reveals a record of conviction of any of the following crimes and offenses:

(a) In New Jersey, any crime or disorderly persons' offense:

(1) Involving danger to the person, meaning those crimes and disorderly persons' offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C15-1 et seq., such as robbery;

(2) Against the family, children or incompetents, meaning those crimes and disorderly persons' offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering the welfare of a child;

(3) Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;

(4) Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.

2. In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons' offenses described in this section.

c. Submission, exchange of background information.

1. Each employee or volunteer shall submit his or her application for a criminal history background check, including fingerprints, to the Director of Parks and Recreation. The Director of Parks and Recreation shall coordinate the background checks with the City of Linden Police Department and the New Jersey State Police, in accordance with the requirements of N.J.S.A. 15A:3A-1 et seq.

2. If the background check qualifies the individual from employment or volunteering, he or she shall be so notified by the City of Linden Police Chief, or the Chief's designee, and such information shall be kept confidential by the Police Department.

3. Successful background checks shall be reported to the Director of Parks and Recreation, who shall maintain a list of all individuals who are qualified to serve as employees or volunteers with nonprofit youth-serving organizations by virtue of their having successfully completed the background check. The Director of Parks and Recreation may share that list with organizations who would like to know if a prospective employee or volunteer has passed the background check.

4. (Reserved)

5. Access to criminal history record information shall be limited in accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C. 13:59-1.1 et seq.

d. Appeal procedure.

1. Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal his or her disqualification.

(a) A person may challenge the accuracy of the criminal history record.

(b) A person may claim to be rehabilitated.

(c) No person may appeal a disqualification on the grounds of rehabilitation if the person has been rejected because that person has been convicted, adjudicated, delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to Paragraph (2) of Subsection c, N.J.S.A. 2C:13-1; endangering the welfare of a child pursuant to Paragraph (4) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant to Section 1 of P.L. 1993, c. 291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to Paragraph (3) or Paragraph (4) of Subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.

2. A challenge to the accuracy of the report shall be filed with the City of Linden Chief of Police, who shall coordinate the challenge with the New Jersey State Police.

3. An appeal based on rehabilitation shall be made to an Appeals Committee, which shall consist of the Director of Parks and Recreation, the Linden Chief of Police and the Mayor. Any such appeal must be made within 30 days of receipt of the notice of disqualification.

4. In determining whether a person has affirmatively demonstrated rehabilitation, the Appeals Committee shall consider the following factors:

(a) The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;

(b) The nature and seriousness of the offense;

(c) The circumstances under which the offense occurred;

(d) The date of the offense;

(e) The age of the person when the offense was committed;

(f) Whether the offense was an isolated or repeated incident;

(g) Any social conditions which may have contributed to the offense;

(h) Any other evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.

5. If the Appeals Committee determines that the disqualified person has been successfully rehabilitated, it shall enter that person's name on the list of qualified employees and volunteers maintained by the Director of Parks and Recreation.

e. Penalty. Failure to comply with this section may result in the City withholding funding for the nonprofit youth-serving organization, prohibiting the use of facilities, or withholding funding for facility maintenance.

f. In the event that any portion of this section is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the section actually adjudged to be invalid, and the remaining portions of this section shall be deemed severable therefrom and shall not be affected.

§ 2-27A (RESERVED) [1]

[Ord. No. 47-50; repealed by Ord. No. 52-34]

[1] Editor's Note: Former Department of Public Property was repealed. See now Section 2-27, Department of Public Property and Community Services.

§ 2-28 (RESERVED)

[Ord. No. 54-68; Ord. No. 55-52; Ord. No. 60-73; Ord. No. 61-30; deleted by Ord. No. 61-82 § 2. See Section 2-25 for Division of Public Works.]

§ 2-29 through § 2-32. (RESERVED)