[1984 Code § 2-21.1]
Public records of the Borough shall be open for inspection by
members of the public as provided by law. Such inspection shall be
made only at reasonable times during business hours and without interference
to the conduct of the affairs of the office or other place where such
records are kept or maintained.
[1984 Code § 2-21.2; Ord. No. 812 § 1; amended 8-29-2023 by Ord. No. 23-17]
The following fees shall be charged for copies of public documents:
a.
Marriage certificates, and birth and death certificates: $20 for
the first certified copy and $5 for each additional copy if ordered
and paid at the same time of application.
b.
Permit to purchase pistol or revolver, $2; firearms purchaser identification
card, $5.
c.
Police accident reports, $5 each.
d.
For official searches for municipal liens (tax searches) or for improvements
authorized but not assessed or for a certificate as to approval of
subdivisions, $10 each.
e.
For a continuation of an official search for municipal liens or for
improvements authorized but not assessed or for a certificate of approval
of subdivision within three years from the date of the original search,
$2 per year.
f.
For the first duplicate tax bill requested by the mortgagee or servicing
organization, $5 each. For each subsequent duplicate copy of the same
tax bill, $25 each. N.J.S.A. 54:4-64.
g.
The charge for copies of all documents regardless of the number of
pages involved shall be twenty-five ($0.25) cents for each page.
h.
Police photographs shall be $5 per copy.
i.
The fee for providing individual notices of all meetings of the Borough
Council in accordance with the Open Public Meetings Act shall be $20
annually to cover the cost thereof.
j.
The fee for providing individual notices of meetings of boards and
committees of the Borough, other than the Council, in accordance with
the Open Public Meetings Act shall be $15 annually for each board
or committee.
k.
Whenever a check given to the Borough of Haworth pursuant to this
section is returned for insufficient funds, there shall be a charge
of $10 in addition to any and all other fees required by Borough ordinance.
[1984 Code § 2-23.1]
Except as provided in subsection 2-67.2 hereof of the Borough of Haworth shall, upon a request of a present or former employee or officer, elected or appointed, of the Borough, provide for the defense of any action brought against such individual on account of an act or omission in the scope of his function for the Borough of Haworth.
[1984 Code § 2-23.2]
The Borough may refuse to provide for the defense of an action referred to in subsection 2-67.1 if it is determined by the Borough Council that:
a.
The act or omission was not within the scope of the individual's
functions for the Borough; or
b.
The act or the failure to act was because of actual fraud, willful
misconduct or actual malice; or
c.
The defense of the action or proceeding by the Borough would create
a conflict of interest between the Borough and the individual.
[1984 Code § 2-23.3]
In any other action or proceeding, including criminal proceedings,
the Borough may provide for the defense of an individual, if the Borough
Council concludes that such representation is in the best interest
of the Borough.
[1984 Code § 2-23.4]
The Borough may either provide such defense or agree to indemnify
the individual for the cost of the defense if deemed reasonable prior
to the time any expense is incurred and on condition that the individual
shall cooperate fully with the Borough Council and its defense.
[1984 Code § 2-23.5]
The Borough may provide a defense pursuant to this section by
use of the Borough Attorney or in the event of a conflict of interest
by employing other counsel for said purpose or by asserting the Borough's
right under any appropriate insurance policy which requires the insurer
to provide the defense.
[1984 Code § 2-23.6]
The obligation under this section shall be funded by appropriations
as permitted by law.
[Ord. No. 829 § 1]
As used in this section:
Shall mean Chapter 184 of the Laws of 1978 of the State of
New Jersey.
Shall mean the Borough of Haworth in the County of Bergen
and State of New Jersey.
Shall mean the Mayor and Council of the Borough of Haworth.
Shall include all parties having an interest in the real
estate affected by fire damage and all parties insured under the terms
and provisions of the fire insurance coverage of the property damaged.
[Ord. No. 829 § 2]
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay any claims in excess of $2,500
on any real property located within the Borough unless or until either:
a.
The insured person submits an official certificate of search for
municipal liens pursuant to N.J.S.A. 54:5-12, certifying that all
taxes, assessments or other municipal liens or charges, levied and
assessed and due and payable to the Borough against the property have
been paid; or
[Ord. No. 829 § 3]
Any insurance company authorized to issue fire insurance policies
in the State of New Jersey on real properties located within the Borough
be and is hereby prohibited from paying to a claimant any claim in
excess of $2,500 for fire damages on any real property located within
the Borough pursuant to any fire insurance policy issued or renewed
after the final adoption of this section and after the filing of this
section with the New Jersey State Commissioner of Insurance, until
such time as either:
a.
All taxes and assessments and all other municipal liens or charges due and payable to the Borough appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company pursuant to the provisions of subsection 2-68.4 of this chapter and Section 3 of the Act; or
[Ord. No. 829 § 4]
Unless a resolution is received in accordance with subsection 2-68.5 of this chapter and in accordance with Section 4 of the Act by an insurance company writing fire insurance policies on real property within the Borough, such insurance company be and is hereby authorized and required, prior to the payment of any claims for fire damages in excess of $2,500, to pay the Borough the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company, provided, however, that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:321, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such monies and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in this State shall be disbursed in accordance with the final order or judgment of the court.
[Ord. No. 829 § 5]
Where the fire damaged real property is located in the Borough, the Borough Council may enter into an agreement with the owner of any fire damaged property whereby the owner agrees to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of N.J.S.A., if the Borough Council is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property. An insurance company receiving a certified copy of a resolution of agreement by the Borough Council is authorized to make full payment on the claim to the insured person.
[Ord. No. 829 § 5]
A Borough claim made in accordance with the provisions of the
Act and the provisions of this section shall be paramount to any other
claims on the proceeds of the fire insurance policy except the claim
of a holder of a mortgage on the fire damaged property, where the
fire insurance policy at the time of the loss listed the mortgagee
as a named insured, in which event the claim of the mortgagee to the
proceeds shall be paramount to the municipal lien under this section
only to the extent of the amount due and payable to the mortgagee
under the mortgage contract.
[Ord. No. 829 § 7]
Nothing in this section shall be construed:
a.
To obligate an insurance company for any amount in excess of the
value of the fire insurance policy on the property, or the amount
of the liability of the insurance company thereunder;
b.
Except as provided in the case of appeals under subsection 2-68.4 of this chapter, to obligate the insurance company for any liens not appearing on the official certificate of any certified changes submitted by the bonded official; or
c.
To effect the authority of the Borough to enforce its municipal lien
under any other law of the State of New Jersey.
[Ord. No. 829 § 8]
The official certificate of search may, from time to time be
altered by the bonded official responsible for preparing such certificate,
in order to correct any errors or omissions or to add any municipal
liens or related charges due and payable subsequent to the preparation
of the official certificate.
[Ord. No. 829 § 9]
This section shall be filed with the New Jersey State Commissioner
of Insurance pursuant to the provisions of the Act.
[1984 Code § 2-9.3]
a.
Any person claiming payment from the Borough, other than on account
of salary, shall present to the Chief Financial Officer a detailed
bill of demand in accordance with N.J.S.A. 40A:5-16, duly certified
or, in the alternative, supported by a proper affidavit of the claimant.
b.
It shall be the duty of the Chief Financial Officer to see that the
signature of the officer or employee who has been designated by the
Borough to certify that the materials have been received by or the
services rendered to the Borough, appears on every claim.
c.
Claims shall then be presented to the chairman of the committee responsible
for the placing of the order, who, if satisfied the claims are proper,
shall approve the same. After such approval is given, the chairman,
or in his absence, a member of his committee, shall file the claim
with the Borough Clerk, who shall then secure the approval of the
Mayor and present the claims to the Council for formal approval at
a regular meeting. Each voucher shall be signed by the committee chairman
of the Council and the Financial Chairman, or in their absence, or
in the event they are the same, by another member of the Council.
The Chief Financial Officer shall compile a list of the claims and
forward them to the Mayor and Council for his records and for any
action he may recommend to the Council.
d.
Claims shall be considered by the Council which shall approve the
same, except that the Council may reject any claim presented to it
stating the reason for rejection. Any disapproved claim shall be referred
back to the Chief Financial Officer with such instructions as the
Council may give at the time of disapproval.
e.
It shall be the duty of the Borough Clerk to record the total of
claims in the official minutes indicating that the Council has by
formal action approved the same with appropriate record as to any
claims disapproved or rejected. Any itemization of the claims shall
be included in the minutes by reference.
f.
There shall be an account to be designated the Borough of Haworth
Payroll Account and from time to time the Chief Financial Officer,
on receipt of a warrant or an amount due the payroll account, shall
deposit it to the credit of the payroll account, charging the appropriate
budgetary accounts therewith. Disbursement from the payroll account
may be made by payroll checks signed by the Clerk and Chief Financial
Officer upon pre-audit by the Chief Financial Officer and approval
by the Council of the entire payroll. In case of error or adjustment
in the payroll, the Chief Financial Officer shall make proper correction
and appropriate record of such correction.
[Ord. No. 764 Preamble]
The Mayor and Council of the Borough desire to afford the Borough
every protection provided to a municipality in the area of tort litigation
under N.J.S.A. 59:1-1 et seq. Under the provisions of N.J.S.A. 59:1-1
et seq. cited as the "New Jersey Tort Claims Act," a municipality
is authorized to adopt a certain procedure of promulgating initial
interrogatories upon any claimant.
[Ord. No. 764 § 1]
The Borough by the adoption of this section will be afforded
every protection consistent with the public policy declared by the
Legislature at N.J.S.A. 59:1-2, to wit: that public entities shall
only be liable for their negligence within the limitations of the
New Jersey Tort Claims Act and in accordance with the fair and uniform
principals established therein.
[Ord. No. 764 § 2]
All claims cognizable under N.J.S.A. 59:1-1 et seq. shall be
filed with the Borough Clerk on the form authorized by this section
within the time frame established under the New Jersey Tort Claims
Act (N.J.S.A. 59:1-1 et seq.)
[Ord. No. 764 § 3]
a.
The Borough Clerk shall cause to be printed an adequate supply of
a form consisting of the material published hereunder:
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NOTICE OF TORT CLAIM
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FOR BOROUGH OF HAWORTH
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CLAIMANT INFORMATION
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Name
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_____________________
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Telephone
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_____________________
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|
Address
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_____________________
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Date of Birth
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_____________________
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_____________________
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Soc. Sec. No.
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_____________________
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ATTORNEY INFORMATION (if applicable)
| |||
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Name
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_____________________
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Telephone
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_____________________
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Address
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_____________________
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FAX No.
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_____________________
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_____________________
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File No.
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_____________________
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Send Notices to:
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_________
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Claimant
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______________
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Attorney
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______________
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INTERROGATORIES AND DOCUMENT REQUESTS
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GENERAL INSTRUCTIONS: The Borough of Haworth, pursuant to the
provisions of the New Jersey Tort Claims Act, has adopted this form
including these written interrogatories and requests for the production
of documents as the official form for the filing of claims against
the Borough of Haworth.
|
|
The written interrogatories are to be answered by the Claimant
to the extent of all information available to the Claimant or his
attorneys, agents, servants, and employees, under oath. The answers
to these interrogatories and the documents requested shall be returned
to the Borough of Haworth, Municipal Building, Haworth, New Jersey
07641.
|
|
Your claim will not be considered filed as required by the New
Jersey Tort Claims Act until this completed form has been filed with
the Borough of Haworth.
|
|
This form is designed as a general form for use with respect
to all claims. Some of the questions may not be applicable to your
particular claim. For example, if your claim does not arise out of
an automobile accident, questions regarding road conditions might
not be applicable. In that event, you should so specify in the space
where an answer is to be provided to that question.
|
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A. When, after a reasonable and thorough investigation using
due diligence, you are unable to answer any interrogatory, or any
part thereof, because of lack of information available to you, specify
in full and complete detail the reason the information is not available
to you and what has been done to locate the information. In addition,
specify what knowledge or belief you have concerning the unanswered
portion of the interrogatory and set forth the facts upon which the
knowledge or belief is based.
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B. When an interrogatory asks that you identify writings, it
shall be deemed a sufficient answer, where appropriate and possible,
to furnish true and legible copies thereof, together with your answers
to these interrogatories.
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C. Where an interrogatory does not specifically request a particular
fact, but where the facts are necessary in order to make the answer
to the interrogatory either comprehensible, complete or not misleading,
you are requested to include the fact or facts as part of the answer
and the interrogatory shall be deemed specifically to request the
fact or facts.
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D. If you claim any form of privilege, whether based on Statute
or otherwise, as a ground for not answering an interrogatory, or any
part thereof, set forth in complete detail each and every fact upon
which the privilege is based, including sufficient facts for the Court
to make a full determination whether the claim of privilege is valid.
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E. Where an interrogatory asks for a date or an amount or any
other specific information, it will not be adequate to state that
the precise date, amount or other specific information is unknown
to you, where you are capable of approximating the information requested.
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F. Where an interrogatory requests that you "identify all writings,"
you should state with specificity the date, author, description, addressee
(if any), nature, custodian, and location of the writings referred
to by the interrogatory, as well as the substance of the writing.
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G. When an interrogatory asks that you "identify all oral communications",
you should state, with respect to every oral communication, the description
of which is required by the interrogatory, (I) the date and place
thereof, (II) who initiated the communication, (III) whether the communication
was in person or by telephone or other form of transmission and specify
which, (IV) the name, home address and telephone number, business
address and telephone number, employer (present or last known), job
title, occupation of each and every person who participated in the
communication.
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H. Where an interrogatory asks that you "identify all persons",
state the name and present or last known business and residence address
and telephone numbers, occupation and title, if any, of person whose
identity is sought by the interrogatory.
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I. For the purposes of these interrogatories, "Person" shall
include in its meaning a partnership, joint venture, corporation,
association, trust or any other kind of entity, as well as a natural
person.
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J. If any document to be produced in response to these interrogatories
contains information which must be treated as confidential in nature,
identify that document and state the reason for the confidentiality.
The Borough of Haworth and the attorneys for the Borough of Haworth
hereby warrant to the Claimant that the confidentiality of any document
so identified will be respected, guarded and maintained until the
time as a Court having jurisdiction over the issue may rule on any
disputed issue of confidentiality.
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K. These interrogatories request documents which are relevant
to the subject matter of the claims and allegations of the Claimant.
To the extent that any document does not relate in its entirety to
the subject matter of the Claimant's claims or allegations, the document
may be withheld. All other documents which deal directly with the
subject matter of the Claimant's claims or allegations must be produced
in response to these requests.
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L. All responses to interrogatories or objections thereto shall
be prefaced by the particular interrogatory or subsection thereof.
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M. An attempt has been made to provide adequate space for the
answers to interrogatories. However, should you need more space to
provide a fully responsive answer, please attach supplementary pages,
identifying the continuation of the answer with the number of the
applicable interrogatory.
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N. All documents produced shall be labeled and referenced to
a particular document request or interrogatory. If the documents are
produced in response to more than one interrogatory, this fact should
be noted as well.
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O. The interrogatories and document requests shall be deemed
continuing, so as to require supplemental answers from time to time
up to the date of a trial, in the event that the claim results in
litigation.
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Definitions: As used herein "documents" shall refer to any written,
recorded or graphic representation, either produced or reproduced,
and any copy thereof, including, but not limited to, letters, memoranda,
notes, minutes, summaries, forecasts, appraisals, surveys, calculations,
inter-office communications, diaries, work sheets, telegrams, cables,
telex messages, written agreements, invoices, press releases, books,
records, financial statements, tapes, computer print-outs, computer
tapes and/or disks, computer programs, drafts of any of the foregoing,
magazines and other publications and any material underlying, supporting
or used in the preparation of any documents, now or formerly in actual
or constructive possession, custody or control of the deponent, and
all copies thereof where the copy is not an identical copy of the
original, such as where the copy contains written notations.
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As used herein, "Claimant" shall refer to the person or persons
on whose behalf the Notice of Claim has been filed with the Borough
of Haworth.
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As used herein, "Borough of Haworth" shall refer to the Borough
of Haworth along with any agent, official or employee of the Borough
of Haworth against whom a claim is asserted by the Claimant.
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1. Set forth the present residence address and telephone number
of the Claimant and identify each person residing at the same address
and the relation, if any, the person has to the Claimant.
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2. Set forth all prior addresses of the Claimant, the dates
of the residence, the persons residing at the addresses at the same
time as the Claimant resided at the address and the relation, if any,
of the person to the Claimant.
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3. Set forth the date of birth, social security number, marital
status at the time of the injury and the present marital status of
the Claimant.
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4. Set forth the exact date, time and place of the injury forming
the basis of the complaint and the weather conditions prevailing at
the time.
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5. Set forth in complete detail in narrative form, the Claimant's
version of the events that form the basis of the complaint, specifically
setting forth the names and addresses of all participants and witnesses
and the nature and extent of the participation of any individual so
identified.
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6. Set forth any and all individuals who were witnesses to or
who have knowledge of the facts of the incident which gave rise to
the complaint. Provide the full name and all data as required by the
instructions preceding these interrogatories.
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7. Identify all public entities or public employees alleged
to have caused the injury and specify as to each public entity or
employee the act or omission alleged to have caused the injury.
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8. Identify and provide copies of all documents, memoranda,
correspondence, reports, etc. which discuss, mention or pertain to
the subject matter of this litigation.
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9. Describe in detail the nature, extent and duration of any
and all injuries.
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10. Describe in detail any injury or condition claimed to be
permanent or residual, together with all present complaints.
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11. If confined to any hospitals, state name and address of
each and the dates of admission and discharge therefrom. Include all
hospital admissions prior to and subsequent to the alleged injury
forming the basis of the complaint and set forth the reason for each
admission.
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12. If x-rays were taken, state (a) the address of the place
where each was taken; (b) the name and address of the person who took
them; (c) the date when each was taken; (d) what each disclosed; (e)
where and in whose possession they now are. Include all x-rays, whether
prior to or subsequent to the alleged injury forming the basis of
the complaint.
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13. If treated by doctors, state (a) the name and present address
of each doctor; (b) the dates and places where treatments were received;
(c) the date of last treatment. Annex true copies of all written reports
rendered to you about you by any doctors whom you propose to have
testify on your behalf.
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14. If you have ever been treated by or have consulted with
a psychologist, psychiatrist, social worker, family counselor, or
marriage counselor, set forth the name and address of the psychologist,
psychiatrist, social worker, family counselor or marriage counselor,
the dates of each consultation or treatment, the reasons for the consultation
or treatment and the date of discharge from the treatment, and attach
true copies of all written reports rendered to you about you by any
psychologists, psychiatrists, social workers, family counselors or
marriage counselors.
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15. If you are still being treated, state (a) the name and address
of each professional as set forth in question 14 rendering treatment;
(b) the nature thereof and (c) where and how often the treatment is
received.
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16. If you claim that a previous injury, disease or illness
has been aggravated, accelerated or exacerbated, state in detail the
nature of each and the name and present address of each doctor who
rendered treatment for the condition.
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17. If you have any physical impairment affecting your ordinary
movements, hearing or sight, state in detail the nature and extent
of the impairment and what corrective appliances, support or device
you use to overcome or alleviate the impairment.
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18. If any treatments, operation or other form of survey in
the future has been recommended, suggested or advised to cure, correct,
remedy or alleviate any injury or condition resulting from the incident
which forms the basis of the complaint, state in detail (a) the nature
and extent of the treatment, operation or surgery; (b) the purpose
thereof and the results anticipated or expected; (c) the name and
address of the doctor who recommended or suggested or advised the
treatments, operation or surgery; (d) the name and address of the
doctor who will administer or perform same; (e) the estimated medical
expenses and disbursements to be incurred thereby; (f) the estimated
length of time of treatments, operation or surgery, period of hospitalization
and period of convalescence; (g) all other losses or expenditures
anticipated as a result of the treatments, operation or surgery; (h)
whether it is your intention to undergo the treatments, operation
or surgery and the approximate date.
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19. Itemize any and all monies expended or expenses incurred
for hospitals, doctors, nurses, x-rays, medicines, care and appliances
and state the name and address of each payee and the amount paid or
owed each payee.
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20. Itemize any and all future medical or other expenses to
be incurred, not otherwise set forth herein.
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21. If employed at the time of alleged injury forming the basis
of the complaint, state (a) the name and address of the employer;
(b) position held and the nature of the work performed; (c) average
weekly wages for the year prior to the injury; (d) period of time
lost from employment, giving dates; (e) amount of wages lost, if any.
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22. If other loss of income, profit or earnings is claimed,
state (a) total amount of the loss; (b) give a complete detailed computation
of the loss; (c) the nature and source of loss of the income, profit
and earnings and dates of deprivation thereof.
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23. If you are presently employed, state (a) the date that the
employment began; (b) the name and address of the employer; (c) the
position held and the nature of the work performed; (d) the average
weekly wages. Attach copies of pay stubs or other complete payroll
record for all wages received during the past year.
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24. If you have received any money or thing of value for your
injuries or damages from any person, firm or corporation, state the
amounts received, the dates, names and addresses of the payors.
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25. If any photographs, sketches, charts or maps were made with
respect to anything which is the subject matter of the claim, state
the date thereof, the names and addresses of the persons making the
same and of the persons who have present possession thereof. Attach
copies of any photographs, sketches, charts or maps upon which you
intend to rely.
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26. State the names and addresses of all persons who have knowledge
of any relevant facts relating to the case, identify each person whom
you intend to call as a witness, and set forth as to each person the
nature of the testimony that you expect them to present.
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27. If you or any of the parties to this action or any of the
witnesses made any statements or admissions, set forth what was said;
by whom said; date and place where said; and in whose presence, giving
names and addresses of any person having knowledge thereof.
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28. With respect to all expert witnesses, including treating
physicians who are expected to support the claim of the claimant,
and with respect to any person who has conducted an examination of
the claimant and who may be called upon to testify in any proceeding
with respect to the claim, state the witness's name, address and area
of expertise and annex a true copy of all written reports rendered
to or about you. If a report is not written, supply a summary of any
oral report.
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29. If you, or any other party or witness you propose to produce,
consumed any alcoholic beverages or any drugs or medications within
six hours before the incident forming the basis of the complaint,
state (a) the person consuming the same and for each person, (b) what
was consumed; (c) the quantity thereof; (d) where consumed; (e) the
names and addresses of all persons present.
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30. With respect to the alleged injury forming the basis of
the complaint, was any complaint made to the Borough of Haworth.
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31. If the answer to question 30 above is in the affirmative,
state the time and place of the complaint and the person or persons
to whom the complaint was made.
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32. If you allege wrongdoing by any employee or official of
the Borough of Haworth against which the claim is being filed, set
forth the name and position of the employee or official, the exact
nature of the alleged wrongdoing, whether any complaint was filed
against the official or employee, with whom the complaint was filed
and, if no complaint was filed, the reason for the failure to file
the complaint.
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33. Set forth the amount of your claim and the basis on which
you calculate the amount claimed.
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DOCUMENT REQUEST: Produce all documents identified in your answers
to the above interrogatories.
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CERTIFICATION
| ||
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The undersigned, identified as the claimant for the purpose
of the above claim, hereby certifies that the information provided
is the truth and is the full and complete response to the interrogatories,
to the best of the knowledge, information and belief to the undersigned.
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_____________________________________
| ||
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Dated:
|
__________________
| |
|
AUTHORIZATION FOR RELEASE OF MEDICAL AND HOSPITAL RECORDS
| ||
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TO: __________________
|
DATE:__________________
| |
|
RE:
| ||
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Patient's Name:
| ||
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Address
| ||
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You are hereby authorized and requested to disclose, make available
and furnish to the Attorney for the Borough of Haworth whose address
is: _____________________________ or to the authorized representative
of the Borough of Haworth, all information, records, x-rays, reports
or copies thereof relating to my examination, consultation, confinement
or treatment and to permit him or her to inspect and make copies or
abstracts thereof. Approximate date of admission to hospital, first
examination, treatment or consultation. A photocopy of this release
form, bearing a photocopy of my signature, shall constitute your authorization
for the release of the information in accordance with the request
made to you.
| ||
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_____________________________________
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b.
Whenever a person or entity shall initiate a claim against the Borough,
it shall be received only by the Borough Clerk. The Borough Clerk
shall provide such claimant with a copy of the subject form, which
shall be executed by the claimant and returned to the Borough Clerk
within the time prescribed by N.J.S.A. 59:1-1, et seq.
c.
Upon receipt of the form authorized hereinabove, the Borough Clerk
shall retain one copy for it records as a public record, and shall
within 48 hours after receipt (excluding weekends and holidays) transmit
the original form to the Borough's insurance carrier and a copy to
the Borough Attorney.
[Ord. No. 2015-02 § 1]
a.
Any other provision of law to the contrary notwithstanding, the Borough
of Haworth or any of its purchasing agents or agencies, departments,
instrumentalities or its independent authorities, as the case may
be, shall not enter into an agreement or otherwise contract to procure
from any entity, professional, banking, insurance coverage or any
other consulting services in any amount, or any and all other services
not previously mentioned including, but not limited to, the provision
of goods in an amount in excess of $17,500.00, including those awarded
pursuant to a "fair and open process" if that entity has solicited
or made any contribution of money, or pledge of a contribution, including
loans, assumptions of liabilities and in-kind contributions within
one calendar year immediately preceding the date of the contract or
agreement, to any:
1.
Candidate, candidate committee or joint candidates committee of any
candidate for elective municipal office in the Borough of Haworth
or any person serving in an elective municipal office in the Borough
of Haworth, or
2.
Borough of Haworth political committee or political party committee,
or
3.
Continuing political committee or political action committee that
engages in or engaged in the support of Borough of Haworth elections
and/or Borough of Haworth candidates, candidate committees, joint
candidate committees, political committees, political parties, or
political party committees (hereinafter collectively "PAC"), in excess
of the thresholds specified in paragraph d of this subsection.
b.
No entity that enters into negotiations for, or agrees to or enters
into, any contract or agreement with the Borough of Haworth or any
department or agency thereof or of its independent authorities for
the rendition of professional, banking, insurance coverage or any
other consulting services in any amount; or any and all other services
not previously mentioned including, but not limited to, the provision
of goods in an amount in excess of $17,500.00, including those awarded
pursuant to a "fair and open" process shall solicit or make any contribution
of money, or pledge of a contribution, including loans, assumptions
of liabilities and in-kind contributions to any:
1.
A candidate, candidate committee or joint candidates committee of
any candidate for elective municipal office in the Borough of Haworth
or any person serving in an elective municipal office in the Borough
of Haworth, or
2.
Borough of Haworth political committee or political party committee,
or
3.
"PAC", which meets the requirements set forth in paragraph a above,
in excess of the thresholds specified in paragraph d of this subsection
between the time of first communication between that entity and the
Borough of Haworth or any of its departments, instrumentalities, purchasing
agents or any independent authorities regarding a specific professional
services agreement and the later of the termination of negotiations
or the completion of the contract or agreement.
c.
For purposes of this section, "entity" means:
1.
An individual or person acting on behalf of an individual, including
the individual's spouse, if any, and any child or children, or other
person directed by the individual.
2.
Person.
3.
Firm.
4.
Corporation.
5.
Professional corporation.
6.
Partnership.
7.
Sole proprietorship.
8.
Limited liability company.
9.
Limited liability partnership.
10.
Trade or labor union, trade or labor organization, trade or labor
association, union, organization, association.
11.
Any political organization organized under 26 U.S.C. § 527
that is directly or indirectly controlled by the entity, person or
individual, other than a candidate committee, election fund, or political
party committee.
12.
Any other legal commercial entity organized under the laws of the
State of New Jersey or of any other state or foreign jurisdiction.
The definition of an entity includes all principals who own
10% or more of the equity, profits, assets, shares, stocks, ownership
or income interests in the corporation, partnership, firm, or company
or business trust, partners, shareholders and officers in the aggregate
employed by the entity, as well as any subsidiaries directly or indirectly
controlled by the entity, person or individual.
d.
The monetary thresholds of this section are:
1.
A maximum of $275.00 per calendar year each for any purpose to any
candidate or candidate committee for elective municipal office in
the Borough of Haworth or any holder of elective municipal office
in the Borough of Haworth, or $275.00 per calendar year to any joint
candidates committee for elective municipal office in the Borough
of Haworth, or $275.00 per calendar year to any political committee
or political party committee of the Borough of Haworth; and
2.
$275.00 maximum per calendar year to any "PAC" which meets the requirements
set forth in paragraph a above.
However, any individual or group of persons meeting the definition
of entity provided in Subsection C above shall not annually contribute
for any purpose in excess of $2,500.00 to all Borough of Haworth candidates,
candidate committees, joint candidates committees, and holders of
elective municipal office, and all Borough of Haworth political committees
and political party committees and all "PACs" which meet the requirements
set forth in paragraph a above, combined without violating paragraphs
a and/or b above.
[Ord. No. 2015-02 § 2]
It shall be a material breach of the terms of the Borough's
professional service agreement or agreements for goods or services
for an entity to:
a.
Make or solicit a contribution in violation of this section.
b.
Knowingly conceal or misrepresent a contribution given or received.
c.
Make or solicit contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution.
d.
Make or solicit any contribution on the condition or with the agreement
that it will be re-contributed to a candidate, candidate committee
or joint candidates committee of any candidate for elective municipal
office in the Borough of Haworth, or any holder of elective municipal
office in the Borough of Haworth, or any Borough of Haworth political
committee or political party committee, or any "PAC".
e.
Engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution
which, if made or solicited by the entity itself, would subject that
entity to the restrictions of this section.
f.
Find contributions made by third parties, including consultants,
attorneys, family members, and employees.
g.
Engage in any exchange of contributions or circumvent the intent
of this section.
h.
Directly or indirectly through, or by any other person or means,
do any act which would subject that entity to the restrictions of
this section.
[Ord. No. 2015-02 § 3]
No contribution or solicitation of contributions made prior
to the effective date of this section shall be deemed to give rise
to a violation of this section.
[1]
Editor's Note: This section was adopted May 12, 2015 by Ord.
No. 2015-02.
[Ord. No. 2015-02 § 4]
Prior to awarding any contract or agreement to procure professional, banking, insurance coverage, or any other consulting services in any amount or any and all other services not previously mentioned including, but not limited to, the provision of goods in an amount in excess of $17,500.00 with any entity, the Borough or any of its purchasing agents or agencies, departments, instrumentalities, or independent authorities, as the case may be, shall receive a sworn contribution disclosure statement from the entity detailing all reportable political contributions made within the immediately preceding 12 months and certifying under penalty of perjury that all reportable political contributions are set forth and that he/she/it has not made a contribution in violation of subsection 2-71.1 of this section.
The Borough of Haworth, or its employees, agents, or authorities,
shall be responsible for informing the Mayor and Borough Council,
and simultaneously posting said contribution disclosure statement
on the Borough website, informing all that the entity is not in violation
of this section. The entity shall have a continuing duty to report
any violations of this section that may occur during the negotiation
or duration of a contract.
[Ord. No. 2015-02 § 5]
Any entity which violates any of the provisions of this section
shall be disqualified from eligibility for any and all future contracts
with the Borough of Haworth, its departments, instrumentalities, purchasing
agents or any independent authority created thereby for a period of
five calendar years from the date of the violation. In addition, in
the event an entity is determined to have violated the provisions
of this section and currently has an agreement or contract with the
Borough, the Mayor and Council shall have the discretion to terminate
the agreement or contract prior to its ending date.
[Ord. No. 2015-02 § 6]
The contribution limitations applicable under this section shall
not apply to contracts which are awarded to the lowest responsible
bidder after public advertising for bids and bidding therefor within
the meaning of N.J.S.A. 40A:11-4, or are awarded in the case of emergency
under N.J.S.A. 40A:11-6.
[Added 8-11-2020 by Ord.
No. 20-10]
a.
This policy sets forth guidelines for the establishment and use by
the Borough of Haworth of social media sites and/or pages as a means
of conveying Borough-related information to its residents, employees
and visitors. The Borough has an overriding interest and expectation
in deciding what is "spoken" on its behalf on social media sites.
b.
The purpose of this social media policy is to establish enforceable
rules for the use of social media by Borough officers and employees
when engaged in Borough business. Social media at this time refers
to websites, Facebook, Instagram and Twitter. Rules are necessary
to assure that communications made on behalf of the Borough are properly
authorized and in correct form, that communications to the municipality
by means of social media which can be viewed by the public are appropriate
and pertinent.
c.
For purposes of this policy, "social media" is understood to be content
created by Borough representatives, using accessible, expandable and
upgradeable publishing technologies, through and on the Internet,
specifically Websites, Facebook, Instagram and Twitter as they are
open to response and comment. For purposes of this policy, "comments"
include information, articles and pictures.
[Added 8-11-2020 by Ord.
No. 20-10]
This policy shall apply to all municipal agencies and departments
as well as any affiliated government or nongovernment agency or official
and/or commission or council permitted by the Borough to post on social
media sites.
[Added 8-11-2020 by Ord.
No. 20-10]
The objective of the use of social media by the Borough, its
departments or representatives is to expand and facilitate the dissemination
of information from the Borough to its residents, taxpayers and the
general public:
a.
No Borough social media site, including websites, shall be established
without prior approval of the Borough Committee. The following Borough
related organizations that are permitted to have a social media presence
are: police; ambulance; Fire Department; library; swim club; DPW;
Board of Health; Recreation Commission; Environmental Commission;
Shade Tree Commission; parks and playgrounds; Tennis; the Haworth
Arts Committee.
b.
Any page, site or website maintained by these Borough organizations
shall clearly set forth that they are maintained by the Borough and
that they will follow this social media policy.
c.
Wherever possible, the Borough social media sites/pages and websites
should link back to the official Borough website for forms, documents,
online services and other information necessary to conduct business
with the Borough.
d.
The Borough shall designate a designee who shall have full administrative
access to and monitor Borough social media sites/pages and websites
to ensure adherence to both this social media policy and the interest
and goals for the Borough. The designee may be the Council liaison
responsible for portfolio content on the site/page. The Borough has
the right and will restrict or remove any content that is deemed a
violation of this social media policy or any applicable law. Any content
removed based on these guidelines will be retained by the designee
and/or Borough Administrator pursuant to the applicable Borough retention
policy, including the time, date and identity of the poster, when
available.
e.
These guidelines must be displayed to users or made available by
hyperlink.
f.
The Borough will approach the use of social media tools as consistently
as possible, Borough-wide.
g.
The Borough website at www.haworthnj.org will remain the Borough's
primary and predominant internet presence.
h.
The Borough social media sites/pages and websites and this policy
are subject to all applicable federal and New Jersey laws and regulations,
as well as applicable record retention requirements.
i.
Employees and appointees and volunteers representing the Borough's
government via its social media sites/pages and websites shall conduct
themselves at all times as representatives of the Borough and in accordance
with all its policies (in the handbook).
j.
This social media policy may be revised at any time by approval of
the Borough Mayor and Council.
k.
This policy governs all social media use by or on behalf of the Borough
and/or its departments and commissions. These sites include the official
Borough website and pages on Facebook, Instagram and Twitter.
l.
All Borough use of social media is responsible with complying with
applicable federal, state, and county laws, regulations and policies.
This includes adherence to established laws and policies regarding
copyright, records retention, Freedom of Information Act (FOIA), Open
Public Record Act (OPRA), First Amendment, privacy laws, sunshine
laws, and information security policies (if applicable) established
by the municipality.
m.
All municipal policies are applicable to interactions on social media
sites when acting in an official capacity ad representing the municipality.
n.
No friending or other special relationship between a Borough representative
and a third person is permitted on Borough social media sites/pages
and websites.
o.
In the event any municipal agency, department or Borough-related
organization seeks to post a photo or photos which depict children,
written consent shall be required to be obtained from the parent or
legal guardian prior to publishing such a photo. As used herein, the
term 'children' shall be defined as any person under the age of 18.
[Added 8-11-2020 by Ord.
No. 20-10]
a.
As a public entity the Borough must abide by certain standards to
serve all its constituents in a civil and unbiased manner.
b.
The intended purpose behind establishing the Borough social media
sites/pages is to disseminate information from the Borough and about
the Borough to its residents, employees and visitors.
c.
A comment posted by a member of the public on any Borough social
media site/page is the opinion of the commentator or poster only,
and the publication of a comment does not imply endorsement of, or
agreement by, the Borough, nor do such comments necessarily reflect
the opinions or policies of the Borough.
d.
Borough representatives responding to a comment on a Borough social
media site/page in their official capacity must include their name
and title as pertaining to their duties to the Borough.
e.
Any attempt to hack or otherwise compromise the Borough's internet
or social media sites/pages and websites will be reported to law enforcement
and the perpetrator will be denied access to the pages.
f.
The Borough reserves the right to deny access to its social media
sites/pages and websites for any individual who violates the Borough
of Haworth social media policy at any time and without prior notice.
g.
All comments posted to any Borough sites are bound by any applicable
terms and conditions of Facebook's statement of rights. All Borough
policies are applicable to interactions on social media sites/pages
when acting in an official capacity and representing the Borough.
h.
All comments posted to any Borough sites are bound by any applicable
terms and conditions of Instagram's terms of use. All Borough policies
are applicable to interactions on social media sites/pages and websites
when acting in an official capacity and representing the Borough.
i.
Persons posting prohibited content are subject to being barred from
posting comments on Borough social media.
[Added 8-11-2020 by Ord.
No. 20-10]
Comments containing any of the following inappropriate forms
of content shall not be permitted on the Borough's social media pages
and websites are subject to removal and/or restriction by the Borough
designees.
a.
Profane, obscene, violent or pornographic content and/or language,
or sexually suggestive or explicit content links to such materials.
Any image or link containing minors or suspected minors in sexual
and/or provocative situations will be reported to law enforcement.
b.
Content that promotes, fosters or perpetuates discrimination on the
basis of race, creed, color, age, religion, gender or national origin,
marital status, status with regard to public assistance, physical
or mental disability or sexual orientation.
c.
Defamatory attacks.
d.
Threats to any person or organization.
e.
Solicitation of commerce, including, but not limited to, advertising
of any business or product for sale.
f.
No Borough social media site or website shall be used for any commercial
purpose, including, but not limited to, the offer to sell or purchase
any items, goods or services of any nature whatsoever, whether by
the organization, any member thereof, or on behalf of any other person
or organization. Fundraising to benefit the committee/Borough organization
is permitted.
g.
Conduct in violation of any federal, state or local law.
h.
Encouragement of illegal activity.
i.
Information that may tend to compromise the safety or security of
the public or public systems.
j.
Any content that violates a legal ownership, such as a copyright,
of any party. The Borough does not permit or allow copyright infringing
activities and/or infringement of intellectual property rights on
its social media sites/pages. Such content will be removed.
k.
Private contact information such as names, addresses, and phone numbers
no matter how easily obtained elsewhere; personal information of a
person other than the poster.
l.
Spamming or repetitive content.
m.
Comments from children under 13 cannot be posted in order to comply
with the Children's Online Privacy Protection Act. By posting, users
acknowledge that they are at least 13 years old. Parents are responsible
for any minor child's posting or comments.
n.
Content that incites violence.
o.
Comments containing vulgar, offensive, threatening, or harassing
language, personal attacks, or unsupported accusations.
p.
Persons prohibited content are subject to being banned from posting
comments on Borough social media.
[Added 8-11-2020 by Ord.
No. 20-10]
a.
The Borough designee may be required to remove internet postings
on Borough social media sites/pages and websites which are deemed
to constitute a breach of policy, as determined by the designee subject
to applicable archiving and retention requirements.
b.
Any social media created by the Borough remains the property of the
Borough, including all the followers and friends generated by the
site. If the person who created the site/page leaves the position
held for the Borough, they must relinquish everything related to the
site including user names, passwords and/or access codes or information.
[Added 8-11-2020 by Ord.
No. 20-10]
a.
Information Disclaimer. By visiting this page you understand and
agree that the Borough of Haworth makes every effort to provide accurate
and complete information on this page. The information contained herein
is not official nor in any way shall it be deemed to constitute legal
notice where such legal notice is required by law. The information
contained here is provided as a service and convenience to people
needing information about goings on in Haworth. Portions of the information
posted here may be incorrect or not current. The Borough of Haworth
local government, its officers, employees or agents shall not be liable
for damages or losses of any kind arising out of or in connection
with the use or performance of information, including, but not limited
to, damages or losses caused by reliance upon the accuracy or timeliness
of any such information, or damages incurred from the viewing, distributing
or copying of those materials.
b.
Linking Policy; Links to External Sites. The Borough of Haworth social
media sites/pages may contain links to outside websites. These websites
are not owned, operated, controlled, or reviewed by the Borough. These
links are provided solely as a courtesy and convenience to you, the
visitor. The Borough of Haworth local government, its officers or
employees, exercise no control over the organizations, views, accuracy,
copyright or trademark, compliance or the legality of the material
contained in these outside websites. The visitor proceeds to these
outside websites at his/her own risk. The Borough specifically disclaims
any and all liability from damages, which may result from the accessing
of a third-party site, which is linked to a Borough of Haworth social
media site/page.
c.
Endorsement Disclaimer. Reference in this website to any specific
commercial products, processes, or services or the use of any trade
firm or corporation name is for the information and convenience of
the public and does not constitute endorsement, recommendation or
favoring by the Borough of Haworth local government or its officers,
employees or agents.
d.
Copyright and Trademark Limitations. The Borough of Haworth local
government makes no warranty that materials contained herein are free
of copyright or trademark claims or other restrictions or limitations
on free use or display. Making a copy of such material may be subject
to copyright or trademark laws.
e.
Use of Materials from These Pages/Sites. The Borough of Haworth local
government has made the content of these pages available to the public
and anyone may view, copy or distribute Borough of Haworth local government
information found here without obligation to the Borough government
for noncommercial, personal use only, unless otherwise stated on particular
material information to which a restriction on free use may apply.
The design of these pages/sites, websites, original graphics and original
content are all copyrighted by the Borough of Haworth and may not
be reengineered, distributed, modified, transmitted, reused, reposted
or duplicated without the express written permission of the Borough
of Haworth in each instance. All requests to use any part of the original
design, code, graphics or content of these pages/sites should be made
via email to the Borough Administrator.
f.
Unauthorized Modifications. Unauthorized attempts to modify or otherwise
alter any information or image stored on any Borough of Haworth local
government page/site may result in criminal prosecution.
g.
Terms of Use. The provisions of this section pertinent to terms of
use shall be posted on all Borough social media.
