This chapter shall be known and may be cited as the Administrative Code of the Borough of Pine Hill and is herein referred to as the code.
Editor's Note: Pursuant to N.J.S.A. 40:43-66.78 through 40:43-68.84, The Borough of Pine Hill formally accepts and authorizes the consolidation of the Borough of Pine Valley into the Borough of Pine Hill. [Ord. No. 2021-1009, October 18, 2021]
[1]
Pine Hill is governed under the borough form of government outlined in Chapter 86-94 of Title 40 of the Revised Statutes. The administrative code has been drafted in conformity with borough law and in many instances provisions have been restated. Other enabling laws relevant to this chapter are R.S. 2A:9-7, et seq., Municipal Court; Board of Health; R.S. 26:3-1, et seq.; Planning Board, R.S. 40:55-1.1. et seq. Zoning Board of Adjustment, R.S. 40:44-36. General authority to regulate the internal affairs of the borough, R.S. 40:48-2.
The council shall consist of the Mayor and six councilmen, all of whom shall be elected at large in the borough and take office in the manner provided by law. Their term of office shall commence January 1, next following their election.
Pursuant to the borough law, a vacancy occurring in the office of the Mayor, whether by resignation or otherwise, shall be filled by the council until the next general election and until the election and qualification of a successor. At such next general election the person elected to fill such vacancy shall be elected for the unexpired term only. All vacancies in other elected offices shall be filled by nomination of the Mayor and appointment by him, with the advice and consent of the Council members present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie. All appointments to fill vacancies on the council shall be until January 1st following the next general election.
If such vacancies shall occur at so short a period of time before the next general election that the office cannot be filled at the election, the vacancy shall be filled in the same manner as though it had occurred immediately after the election at the next subsequent general election for such portion of the term, if any, as may still remain unexpired. At such next general election the person elected to fill the vacancy shall elected for the unexpired term only.
The council shall by resolution adopt rules of procedure not inconsistent with this code. The rules shall provide for standing committees of the council.
Council shall take appropriate action to insure that ordiances and resolutions of the preceding year are compiled or codified.
All books, records, data, accounts, maps and papers of and relating to the borough or to the conduct of borough business and matters shall be kept at the borough hall. The governing body shall designate the place or places within the borough hall at which such books, records, documents and papers shall be located.
The council shall meet for organization on the 1st day of January, or during the first seven days in January in any year at the call of the incoming Mayor. Thereafter, the council shall meet regularly within the borough at such times and places as provided by the rules of the council. The Mayor shall, when necessary, call special meetings of the council. In case of his neglect or refusal, any four members of the council may call such meetings at such time and place in the borough as they may designate. In all cases of special meetings, 24 hours' written notice (or actual voice contact) shall be given to all members of the council. Written notice may be by leaving such notice at their places of residence.
The Mayor shall preside over all meetings of the council but shall not vote except to give the deciding vote in the case of a tie. Except as otherwise provided by statute, the Mayor shall nominate and, with the advice and consent of the council, appoint all officers in the borough. No appointments requiring council approval and confirmation shall be made except by a majority vote of the Council members present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in case of a tie. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make such nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the council fails to confirm any nomination made by the Mayor, then, after the expiration of 30 days, the council shall appoint the officer.
The Mayor shall see that the laws of the state and the ordinances of the borough are faithfully executed, and shall recommend to the council such measures as he may deem necessary or expedient for the welfare of the borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the borough.
The Mayor shall supervise the conduct and acts of all officers in the borough and shall execute all contracts made on behalf of the council.
At an organizational meeting the council by a majority vote shall elect from their number a President of the council, who shall preside at all of its meetings when the Mayor does not preside. The President of the council shall hold office for one year and until the next annual meeting. He shall have the right to debate and vote on all questions before the council. If the council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the council and in that case no confirmation shall be necessary. If the Mayor is absent from the borough for a period of three consecutive days or for any reason is unable to act, the President of the council shall perform all the duties of the Mayor during his absence or disability. The Mayor, in case of his intended absence from the borough for more than three days at any one time, shall notify the President in writing of such intended absence, whereupon the President shall be and become acting Mayor from the receipt of such notice and continue to act until the Mayor's return. In case of the temporary inability of the President to so act, the Council member having the longest term of service as such may act temporarily for the President.
It is the desire of the borough council to protect its law abiding citizens and to insure that its residents have the best municipal court system for the protection of its citizens; and the present borough court system is operating without a prosecutor to prepare and present cases before the court; and the council feels that the best interests of the citizens of the borough would be served by having a borough prosecutor present cases before the local borough court.
The borough council hereby creates the position of borough prosecutor.
The term of any borough prosecutor shall be provided by law and at a salary established pursuant to R.S. Local Public Contracts see 40A:4-1 et seq.; and it shall be the duty of the borough prosecutor to prosecute all matters before the local borough court.
a. 
Manual Adopted. The Pine Hill Personnel Policies and Procedure Manual is adopted as the official policy of the Borough of Pine Hill.
b. 
Copy on File. A copy of said manual shall be available at the office of the borough Clerk during regular office hours for inspection by any interested party.
c. 
Effective Date. This section shall become effective upon publication as provided by law.
d. 
Any adjustments, amendments, changes, alterations and/or deletions to the Personnel Policies and Procedures of the Borough of Pine Hill shall be accomplished by resolution of the governing body.
e. 
The Borough of Pine Hill shall by ordinance establish titles for public employment by the Borough of Pine Hill and salary ranges for Borough of Pine Hill employees.
f. 
The Borough of Pine Hill shall by resolution adopt and amend from time to time personnel policies and procedures including rules concerning the hiring and termination of employees, terms and conditions of employment, and regulations required to comply with applicable federal and state employment related law. The personnel policies and procedures adopted pursuant to said resolution(s) shall be applicable to all officials, appointees, employees, prospective employees, volunteers and independent contractors of the Borough of Pine Hill.
g. 
The municipal Clerk shall be responsible to implement and enforce the personnel practices adopted by ordinance or resolution authorized pursuant to this section. If there is a conflict between said personnel practices and any duly adopted and lawful collective bargaining agreement, personnel services contract or federal or state law, the terms and conditions of that contract or law shall prevail. In all other cases, the practices adopted pursuant to this ordinance shall prevail.
[1]
Editor's Note: Former Section 2-7A, Payroll, was removed at the direction of the Borough Attorney. Payroll is now included in the Personnel Policies and Procedures Manual (See Section 2-7).
The Borough of Pine Hill shall provide for the defense of any action brought against a public official of the Borough of Pine Hill, an employee or former employee of the Borough of Pine Hill, an appointee or former appointee of the Borough of Pine Hill, and/or a professional or former professional of the Borough of Pine Hill on account and any act or omission in the scope of said office, appointment or employment.
The borough may refuse to provide for the defense of an action upon determination that the:
a. 
Act or omission was not within the scope of employment or appointment of office; or
b. 
Act or failure to act was because of actual fraud, willful misconduct or actual malice; or
c. 
The action has been brought by the municipality itself against the official, employee, appointee or professional;
d. 
The office, employee or appointee is found to have acted in violation of any municipal code of ethics.
The municipality's provision of the necessary defense shall be by prospective payment of counsel for the defendant to be provided by the municipality pursuant to resolution under the Local Public Contracts Law of the State of New Jersey.
Said Section is enacted with complete recognition for the standards set forth by New Jersey Statutes requiring defense and reimbursement of police officers.
In those instances where the municipality provides defense of an official, employee, appointee or professional, the municipality also provides indemnification.
[1]
Editor's Note: Former subsections 2-8.1 through 2-8.5 pertaining to Payment of Claims were removed at the direction of the Borough Attorney.
With the exception of the procedures established by resolutions of the governing body of the Borough of Pine Hill addressing "emergent/exigent" circumstances, the Mayor and treasurer are, hereby, authorized as the "signatories" of all checks drawn on the legal depositories of the municipality on the Borough of Pine Hill.
a. 
Checks drawn on the municipality shall be signed by the Mayor or other chief executive officer and countersigned by the municipal Clerk or deputy municipal Clerk or the treasurer/CFO.
b. 
Checks drawn on the municipality shall require two signatures. One signature shall be the Mayor or other chief executive officer and one the municipal Clerk or deputy municipal Clerk or the treasurer/CFO.
c. 
The court administrator, deputy court administrator or the municipal judge are authorized to sign checks for the Pine Hill Municipal Court.
d. 
The Tax Collector, chief administrative officer, CFO or the municipal Clerk or deputy municipal Clerk are authorized to sign checks for the Pine Hill Tax Office.
[1]
Editor's Note: Former Section 2-8A, Purchasing and Claims Approval, was removed at the direction of the Borough Attorney.
Prior ordinance history includes portions of Ordinance Nos. 120, 152, 85-399, 90-486, 95-591, 98-648, 99-669, 2006-785, 2008-809, 2009-837, 2010-864.
[Ord. No. 2013-902; amended 4-3-2023 by Ord. No. 2023-1026]
The Department of Police has been created pursuant to N.J.S.A. 40A:14-118. It shall consist of the following positions: (1) Chief of Police; up to (1) Captain; (2) Lieutenants; (5) Sergeants; (13-15) patrol officers, special officers and civilian personnel as the Borough Council may determine by ordinance. The Department shall be under the day-to-day supervision and control of the Chief of Police, pursuant to N.J.S.A. 40A:14-118, who shall be appointed by the Pine Hill Borough Council.
[Ord. No. 2013-902]
The public safety director, a member of Pine Hill Borough Council appointed by the Mayor, shall be the appropriate authority over the Pine Hill Police Department pursuant to N.J.S.A. 40A:14-118, and shall promulgate rules and regulations to be adopted by the borough council for the government of the force and for the discipline of its members. The appropriate authority shall be responsible directly to the Mayor and borough council.
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 with the Chief of Police to ensure the proper and effective delivery of police services to the borough.
The appropriate authority with the approval of borough council 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 with the approval of borough council. 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 on notice to borough council.
[Ord. No. 2013-902]
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 with the appropriate authority establishing policies for the efficient operation of the police department.
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 Borough of Pine Hill 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. 
Lieutenant of Police. Immediately subordinate to the Chief of Police in the line of authority is the lieutenant of police, who shall perform such duties and responsibilities as may be assigned by the Chief of Police or as may be set forth in departmental rules and regulations or otherwise imposed by law.
c. 
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 or lieutenant of police or as may be set forth in departmental rules and regulations or otherwise imposed by law.
d. 
Patrol Officer. 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 or 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.
[Ord. No. 2013-902]
The appropriate authority shall establish policies and procedures to be approved by borough council for the discipline of the employees of the police department which shall be administered and enforced by the chief in accordance with federal and state statutes, rules and regulations.
[Ord. No. 2013-902; Ord. No. 2013-908]
a. 
Hearing Authority.
1. 
In the event of any disciplinary proceedings against any member of the Police Department of the Borough of Pine Hill, the Appropriate Authority or his/her designee shall be the sole hearing officer and person in charge of all such proceedings. The decision of the Appropriate Authority shall be final. The right of appeal shall be to the New Jersey Superior Court pursuant to N.J.S.A. 40:14-150, as applicable, or pursuant to N.J.S.A. 40:14-210, as applicable.
2. 
In the event the appropriate authority designates a hearing authority other than himself/herself, and the designated hearing authority is to be an officer within the Borough of Pine Hill Police Department, the Chief of Police shall be the person charged and designated for that purpose. Whenever special counsel is designated to be the hearing authority, prior approval must be obtained by resolution of the Mayor and borough council. The decision of said hearing authority shall be provided within 10 days to the appropriate authority, who shall render the final and binding decision, both as to violation and penalty, within 10 days from when he/she receives the decision and supporting documentation such as a hearing transcript. The time lines established herein are to be construed flexibly in the interest of justice so that fair and reasoned decisions will follow. Should the appropriate authority fail to act within 10 days or give notice of necessary extension, the decision of the hearing authority shall become final.
b. 
Charging Authority.
1. 
In the event a Borough of Pine Hill Police Department officer is to be charged in a disciplinary action and said employee is subordinate to the rank of the Chief of Police, only the Chief of Police or his/her designee may initiate such charges (N.J.S.A. 40A:14:-118). In the event the office of the Chief of Police has been abolished through intentional vacancy, then the appropriate authority or his/her designee shall function as the charging authority. Failure to initiate charges when same are indicated may constitute a neglect or dereliction of duty [Gauntt v. Bridgeton, 194 N.J. Super. 468, 477 A.2d 381 (App. Div. 1984)], but the function of the charging authority may not be circumvented.
2. 
In the event the Chief of Police for the Borough of Pine Hill is to be charged in a disciplinary action, the appropriate authority or special counsel named by the appropriate authority to act on his/her behalf shall be the charging authority. The appropriate authority is hereby empowered to name a designated special council to function as an alternative charging authority without prior borough council approval in an emergency. This is necessitated by the statutory time lines involved in the charging process. Notwithstanding this authority, at the earliest opportunity the appropriate authority shall inform borough council of the action that he/she has taken and obtain its confirming approval.
3. 
Whenever any person, whether police officer, special counsel, or the appropriate authority, serves in an investigative capacity and/or as the charging authority relevant to a Borough of Pine Hill Police Department disciplinary action; he/she may not thereafter be designated as or serve as the hearing authority in that same disciplinary action.
c. 
Appeals. Disciplinary action against any member of the police department shall be taken in accordance with N.J.S.A. 40A:14-147. Any department employee seeking to appeal disciplinary charges shall do so in writing submitted to the office of the appropriate authority. Said appeal shall be filed within five days, not including Saturdays, Sundays and holidays, of the date said charges were served upon said employee. In either event, the appropriate authority shall schedule a hearing in accordance with the provisions of this chapter and state statute. Administrative disciplinary charges served on any department employee shall contain the date, time and location for a prospective hearing as required by statute. Any failure to submit the required written request for an appeal would constitute an act of insubordination and may effect the employee's rights pertaining to said statutory time lines, the discovery proceedings, as well as other legal rights and remedies appurtenant thereto.
d. 
Administrative Investigations. The Mayor and borough council, or the appropriate authority with governing body approval, may appoint a committee and/or designate special counsel to conduct investigations of the operation of the police force and may delegate to such committee or special counsel any and all lawful powers of inquiry. The appropriate authority or his designee for this purpose, or special counsel appointed by the governing body, may examine the operations of the force or the performance of any officer or member thereof. Any resolution of the governing body appointing special counsel for the purpose of examining or investigating the operation of the police force or the performance of any officer or member thereof shall be considered to vest the examining or investigating official or body with the authority to perform a municipal investigation pursuant to N.J.S.A. 40:48-25 and the County and Municipal. Investigations Law, N.J.S.A. 2A:67A-1 to 4. Any such subpoenas as authorized by N.J.S.A. 40:48-25 shall be in the name of the appropriate authority. In conducting any such external investigation or examination, the investigating or examining authority shall not be bound by those internal affairs investigation guidelines or regulations governing the police department in conducting its own internal investigations, although all applicable statutory restrictions and particularly N.J.S.A. 40A:14-147 shall not thereby be circumvented.
[Ord. No. 2013-902]
Subject to approval of the borough council, the appropriate authority shall have the authority to issue, promulgate and enforce rules and regulations governing the operation of the police department 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.
At such time as the person filling the role of appropriate authority changes at the designation of the Mayor, any rules and regulations adopted and promulgated by the person action as the appropriate authority previously shall remain the same full force and effect as if adopted and promulgated by the new appropriate authority, except with the respect to such rules and regulations which may have been explicitly repealed.
[Ord. No. 2013-902; Ord. No. 2013-908]
No person shall be appointed as a member of the department of police in the Borough of Pine Hill, in accordance with N.J.S.A. 40A:14-122, unless he/she;
a. 
Is a citizen of the United States
b. 
Is a resident of the State of New Jersey
[N.J.S.A. 40A:14-122.8]
c. 
Is sound in body and of good health to satisfy the Board of trustees of the Police and Firemen's Retirement System of New Jersey as to his/her eligibility for membership in the retirement system;
1. 
Regular police officers shall be at least 21 years of age, but no more than 35 years of age.
[N.J.S.A. 40A:14-127]
2. 
All other law enforcement personnel shall be at least 18 years of age.
d. 
Is able to read, write and speak the English language well and intelligently;
e. 
Is of good moral character, and
f. 
Has not been convicted of any criminal offense involving moral turpitude.
[Ord. No. 2013-902]
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 section and other ordinances and resolutions of the Borough of Pine Hill, and such rules and regulations which may be established.
[Ord. No. 2013-902]
a. 
No person shall hereafter be given or accept a permanent appointment as a police officer in the Borough of Pine Hill 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. The probationary period may be extended for up to six months upon the recommendation of the director of public safety to borough council.
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 Borough of Pine Hill, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course pursuant to law.
d. 
Upon successful completion of police training required by the Police Training Act (N.J.S.A. 52:17B-68), Officers are subject to a one year working test period to permit the appointing authority to determine whether the employee satisfactorily performs the duties of the title. Upon successful completion of the working test period, the appointing authority may make such appointment permanent.
e. 
As early as possible during the probationary and subsequent working test period, any officer who is performing unsatisfactorily shall be alerted about their need for improvement and shall be advised as to what specific areas of their performance require improvement.
f. 
During the probationary and working test periods, employees may be terminated without cause and without being preferred with charges and specifications and without any right to a hearing, in accordance with Azarra v. Waterford Township, 392 N.J. Super 322 (App. Div. 2007).
[Ord. No. 2013-902]
a. 
There shall be a one year working probationary period for all employees who are promoted other than the Chief of Police. The purpose for the working test period is to permit the appointing authority the ability to determine the employee satisfactorily performs the duties of the title. During the one-year period, the promoted employee shall be observed and rated by the Chief of Police and the appointing authority based on criteria related to the job description for the promotional position. Such criteria shall include, but shall not be limited to, a promoted employee's ability to supervise those employees under his/her direction, the employee's administrative capabilities and the employee's commitment to the promotional position.
b. 
As early as possible during the probationary period, any promoted employees who are performing unsatisfactorily shall be alerted about their need for improvement, shall be advised as to what specific areas of their performance require improvement and advised if their lack of improvement is of such a degree as to potentially cause their return to their former rank or status.
c. 
An officer who has been promoted may be restored to his previous position or rank during this probationary period by the appropriate authority in consultation with the Chief of Police, after notices as required in paragraph b, without cause and without being preferred with charges and specifications and without any right to a hearing, in accordance with Azarra v. Waterford Township, 392 N.J. Super 322 (App. Div. 2007).
[Ord. No. 2013-902; amended 4-3-2023 by Ord. No. 2023-1026]
a. 
Special law enforcement officers may be appointed in the Borough of Pine Hill in accordance with the provisions of N.J.S.A. 40A:14-146.8, et seq.
b. 
The appropriate authority shall, with the advice and consent of the borough council, appoint special law enforcement officers within the parameters of this section and the laws of the State of New Jersey.
c. 
Classification:
1. 
Class I: Officers of this class are authorized to perform routine traffic detail, spectator control and similar duties. They shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this category shall be strictly prohibited and no Class I officer shall be assigned any duties which may require the carrying or use of a firearm. There may be appointed such number of Class I special law enforcement officers as may be required.
2. 
Class II: 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 an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the New Jersey Police Training Commission. The number of Class II special law enforcement officers shall not exceed 25% of the total number of regular police officers.
3. 
Class III. Officers of this Class must be a retired law enforcement officer under the age of 65 who has retired from his/her agency in good standing and possesses a valid New Jersey Police Training Commission Basic Police Officer’s Certification. Such Class III Officers must be physically capable of performing the functions of the position in accordance with New Jersey Police Training Commission Guidelines. Such Class III Officers are authorized to exercise powers and duties commensurate with those of a regular police officer. The use of a firearm by such officer may only be authorized under successful completion of training and instruction as required by law. The Chief of Police may authorize the use of mechanical force weapons, but such special law enforcement officers must train and demonstrate proficiency with such mechanical force weapons with the same frequency as regular police officers.
d. 
No person may be appointed as a special law enforcement officer unless said person:
1. 
Is a resident of the state during the term of appointment;
2. 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
3. 
Is sound in body and of good health;
4. 
Is of good moral character;
5. 
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office;
6. 
Has successfully undergone the same medical and psychological testing that is required of all full-time police officers in the Township;
7. 
Shall have had fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation; and
8. 
Is not serving as a special law enforcement officer or regularly appointed full-time police officer of any municipalities. Is not a public official with responsibility for setting law enforcement police or exercising authority over the budget or supervision of the police department of any municipality.
e. 
Special law enforcement officers may be appointed for terms not to exceed one year. Nothing shall be construed in N.J.S.A. 40A:14-146.14 to require reappointment of the special law enforcement officers upon expiration of the term for which appointed. The term of office shall expire on December 31 of the current year.
f. 
Special Law Enforcement Hours of Duty.
1. 
No special law enforcement officer may be scheduled for more than 20 hours per week, except without limitations during periods of emergency.
2. 
The appropriate authority, with consent of borough council may designate one special law enforcement officer to whom the limitations on hours employed set forth herein do not apply.
3. 
In addition to not more than 20 hours per week assisting the local law enforcement unit, special law enforcement officers may be assigned for not more than 20 hours to provide law enforcement services to a public entity.
[Ord. No. 2013-902]
There shall be the position known as a civilian agent, assigned to the Pine Hill Police Department, under the command of the Chief of Police, with specific duties and assignments to be set by the Chief of Police, for the Borough of Pine Hill. Said position shall be appointed by the appropriate authority with the advice and consent of the borough council.
[Ord. No. 2013-902; Ord. No. 2013-908; amended 4-5-2021 by Ord. No. 2021-997; 4-3-2023 by Ord. No. 2023-1026]
(Secondary Employment And Off-Duty Employment.)
a. 
Secondary Employment. Pine Hill Borough police officers are expected to give their whole time and attention to their duties in serving the public interest and public safety of/for the residents of the borough.
They are required by police rules and regulations to be armed at all practical times and are subject to duty recall when determined to be necessary by the Chief of Police or other appropriate authority. Additionally, there are certain private employment activities that are in direct conflict with police power vested in the officer by the Borough of Pine Hill. Accordingly, effective upon passage of this chapter, no Pine Hill Borough police officer will be allowed to engage in secondary employment apart from their borough-held position except as follows:
1. 
Any officer wishing to moonlight must first submit a written request through the Chief of Police, with his endorsement recommending approval or not, to the appropriate authority for a permit to do so. The request will contain all necessary information, to include at a minimum: the type of employment; the hours to be worked; the name, address and phone number of the prospective employer and company; a certification from the employer that the duties will not involve police powers, that there will not be any conflict with the officer's police career, and that the company will provide the officer with full insurance benefits to indemnify the borough and cover the officer for his actions or inactions or if injured in the course of or during actions arising out of or related to the prospective moonlighting job. That is, the outside employer must have sufficient insurance coverage to protect the borough against liability for tort actions or other actions of the officer outside the officer's official police department duties, and to defend and indemnify and hold the borough and the officer harmless in any legal proceedings not arising out of and not directly related to the lawful exercise of police powers in furtherance of official police duties and related to the moonlighting employment. Said permit will only be issued by the appropriate authority, with the approval of the Mayor and borough council, for officers who have been productive employees for the borough as documented and certified by the Chief of Police. All such permits will be revoked for employees whose performance deteriorates after the secondary employment is started.
2. 
Entrepreneurial endeavors (e.g., self employment) are strictly prohibited subject to the same permit requirements listed in paragraph a1 above. Additionally, no permits for those endeavors will be issued for any business conducted within the boundaries of Borough of Pine Hill. The appearance of impropriety (even in the absence of actual wrongful behavior) necessarily stemming from paying attention to such business practices on borough time and/or using police powers in regard to such business enterprises has arisen in the past and may be particularly troublesome.
3. 
Permit criteria. The following standards shall be used to guide the appropriate authority in deciding requests from officers to engage in off-duty employment as well as operation of a business enterprise (i.e., self employment) off duty:
(a) 
Whether the business/employment has the potential to be aided or furthered by an officer's use of confidential information that the officer is privy to solely by virtue of his police position, whether or not the officer may actually so use such information, based on the appearance and potential conflict created;
(b) 
Whether the business/employment might tend to result in a loss of departmental control or authority over the officer while engaged in the business/employment beyond any loss of control over other off-duty officers not so employed or engaging in their own private business;
(c) 
Potential for loss of the officer's police services as a result of injury sustained in the alternate employment/business;
(d) 
Whether the employment/business has the potential to create the appearance that those who patronize the business or place of employment might curry favorable treatment by the officer in his police capacity or by the department, or the appearance that those who patronize a competitor of the business/employer might be subject to unfavorable treatment by the officer or department;
(e) 
Whether the business/employment has the potential to cause diminished physical and mental capacity of the officer while on duty;
(f) 
Whether the employment/business is in a publicly regulated industry which might create actual or appearance of conflicts of interest, even if with other branches or levels (e.g., state, county, municipal) of government;
(g) 
Whether the employment/business has the potential for the creation of an appearance of favoritism among officers from the operation of a joint enterprise among multiple police officers holding different ranks on the police force when the same officers exercise their supervisory authority over each other in the course of their police duties;
(h) 
The potential for possible pursuit of police time or resources to pursue private employment/business functions;
(i) 
The potential civil liability of the borough for acts committed by the officer in the private employment/business;
(j) 
Potential for the employment/business to affect the reputation and effectiveness of the police force;
(k) 
The potential for the officer to be involved in the collection/accounts receivable aspects of the business/employment such that those dealing with the officer in the employment/business capacity might feel pressure/coercion in paying debts beyond that which would be present if such activities were not performed by an off-duty police officer;
(l) 
Any other factor unique to the employment/business request with the potential to create a conflict or appearance of conflict with police employment.
4. 
Divestiture. All employees currently moonlighting, conducting a side business, or involved in any form of secondary employment without the required permit will immediately submit written application for same or terminate such employment within two weeks and/or divest themselves of all side businesses prohibited in paragraph a2 above within 30 days. A violation of this chapter constitutes grounds for immediate removal from service as a borough police officer.
b. 
Police Related Off-Duty Employment.
1. 
Police officers employed by the Borough of Pine Hill shall be permitted off-duty police-related employment pursuant to the provisions set forth herein. Off-duty employment shall not be permitted if the police officer and/or outside contractor fail to comply with the provisions set forth herein either prior to the commencement of the employment or at any time during the period of employment.
2. 
All off-duty police-related services performed by a borough police officer shall be in his/her official capacity as an employee of the borough police department and shall be subject to the control and supervision of the police department.
3. 
Borough of Pine Hill police officers are prohibited from engaging in any employment for police-related services with any private person, corporation or other entity except in the manner set forth in this chapter.
c. 
Definitions.
As used in this subsection, the following terms shall have the meanings indicated:
CONTRACTOR
Shall mean the person, corporation, or other legal entity employing a Borough of Pine Hill police officer to provide off-duty police-related services.
OFF-DUTY EMPLOYMENT
Shall mean any employment by a Borough of Pine Hill police officer for police-related services where the source of compensation to the police officer does not originate from the municipal budget line item for police wages and salary.
d. 
Request For Off-Duty Employee; Special Assignments By Chief Of Police.
1. 
Contractors seeking to employ off-duty Borough of Pine Hill police officers shall make said request through the Borough of Pine Hill Police Department, to the attention of the Chief of Police. The request shall be in writing, except in case of emergency, and shall include the specific nature of the services desired.
2. 
The Chief of Police or his designee may assign Borough of Pine Hill police officers for police-related services based upon a determination that the police-related services are required for the public safety. The cost for said police-related services shall be the responsibility of the person or entity on whose behalf the services are provided or the property owner whose property or activities on said property cause the need for police-related services. All costs shall be paid as set forth herein.
(a) 
Assignment of police officers. When an off-duty employment request is made to the Borough Police Department, a sign up sheet shall be posted as soon as practical for police officers wishing to work the off-duty employment opportunity. The Chief of Police shall assign police officers based on need. In those situations where time does not permit all police officers to have an opportunity to sign the sheet, emails and text messages will be sent to all officers for a response to participate in the off-duty employment opportunity.
(b) 
Remitted hours; emergency duty. Under no circumstances shall a police officer be permitted to work more than 20 hours per week during a regularly scheduled work week in off-duty employment, and off-duty employment can be immediately terminated if the police officer performing said work is required for emergency police duty for the Borough of Pine Hill as shall be determined by the Chief of Police.
(c) 
Police uniforms, equipment and vehicles. Borough of Pine Hill police officers performing off-duty police-related services for private contractors shall be in full police uniform while said services are being provided. However, borough police vehicles shall not be used by police officers during the performance of off-duty police-related services unless specifically authorized by the Chief of Police.
(d) 
Authorizing contract. The Mayor and borough Clerk are hereby authorized to execute a contract with the contractor for the services required, which contract shall set forth, inter alia, the specific nature of the services to be performed, the location that said services will be performed, the dates and hours of service, payment arrangements, arrangements for the use of police vehicles, arrangements for insurance coverage, and any other provisions mandated by this section or any law or regulation of the State of New Jersey.
(e) 
Payment requirement; escrow accounts.
(1) 
Any person or entity requesting the services of an off-duty law enforcement officer in the Borough of Pine Hill Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Chief Financial Officer of the borough by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. A separate dedicated by rider trust fund shall be established by the Borough of Pine Hill, and all funds collected and disbursed relating to off-duty employment shall be made through said account. In cases where there is insufficient time to post the escrow due to an emergent situation, the Chief of Police shall as soon as possible invoice the contractor for the services rendered or being rendered.
(2) 
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police or his designee shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Chief Financial Officer. No officer shall provide any such services for more hours than are specified in the request for services.
(3) 
In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
(4) 
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
(5) 
Contractors hiring borough police officers for off-duty employment shall be charged pursuant to the following schedule which includes an hourly rate of pay for the police officer, the cost for the use of a police vehicle, plus a fair and reasonable sum representing the administrative costs, overhead and out-of-pocket expenses to the Borough of Pine Hill for providing this service.
[a] 
The hourly compensation is the rate that any off-duty police officer shall be paid for performing police-related activities.
[b] 
A nonrefundable administrative fee of $5 per hour per off-duty borough police officer is established to cover the borough's costs, overhead, benefits for off-duty officers and out-of-pocket expenses.
[c] 
If a patrol car is requested by the person in connection with a police-related activity the person shall pay $10 per hour as an administrative fee.
[d] 
Traffic Control Rate: $80 per hour plus $5 Administrative fee and $10 Vehicle fee per hour.
[e] 
Pine Hill Board of Education: $60 per hours, plus $5 administrative fee per hour.
[f] 
Houses of worship and other nonprofit organizations (nontraffic control), $60 per hour, plus $5 administrative fee per hour.
[g] 
Houses of worship and other nonprofit organizations (traffic control) $80 per hour, plus $5 administrative fee and $10 vehicle fee per hour.
(6) 
Contractor shall submit payment to Borough of Pine Hill within five business days of receipt of said invoice. Failure of the contractor to make payment within said five days shall result in the immediate cessation of the police services being provided, and this agreement shall be deemed terminated. In the event this contract is terminated, the contractor shall forfeit all sums paid in advance and Borough of Pine Hill shall have the right to pursue any remedy at law for the collection of any amounts that may be due and owing for the services provided prior to termination.
(f) 
Payment to officers.
(1) 
Police officers performing off-duty police-related services for private contractors shall be paid for said services by the Borough of Pine Hill at the rate set forth at subsection 2-9.12;
(2) 
All sums due a police officer performing off-duty employment shall be paid subsequent to the submission of a voucher which is approved by the Chief of Police or his designee.
(g) 
Insurance. The contractor shall be responsible for providing all necessary insurance coverages as required by law, including but not limited to workers' compensation and general liability insurance. Coincidental with the execution of the contract, the contractor shall provide the borough with appropriate insurance binders insuring that the police officer and Borough of Pine Hill are provided general liability coverage with respect to the services to be provided and that the police officer is covered by appropriate workers' compensation insurance.
(h) 
Indemnification.
(1) 
To the fullest extent permitted by law, contractor shall indemnify, defend, and hold harmless the Borough of Pine Hill, its agents and employees, from and against all claims, damages, losses, liabilities and expenses, including but not limited to attorney's fees and court costs, arising out of, resulting from or in any way relating either directly or indirectly to:
[a] 
The performance of the work;
[b] 
Any and all claims made by said police personnel for injuries and/or illnesses while performing the off-duty employment;
[c] 
The breach by contractor of any of the terms and conditions of the agreement;
[d] 
The negligent or intentional acts or omissions of the police and/or the contractor, its employees, agents, and/or subcontractors;
[e] 
Bodily injury, sickness and/or disease, including death at any time resulting from such bodily injury, sickness or disease, sustained by any person while in, on or about the site and surrounding areas where such injury, sickness, disease and/or death arose out of or was in any way connected with the work of, the performance of, or failure to properly perform the work;
[f] 
Any liability based upon contractor's negligence imputed to the Borough of Pine Hill;
[g] 
Damage to property of contractor, the Borough of Pine Hill or any other person or entity arising out of, incident to, or in connection with the performance of the work;
[h] 
Laborer's, mechanics and materialmen's liens, and all other liens and charges of every character whatsoever, arising out of work to be performed by this agreement; and/or
[i] 
Any other cause of action which may be brought against the Borough of Pine Hill arising out of or in any way relating to the work and contractor's obligations hereunder.
(2) 
This indemnification and hold harmless agreement shall apply in all instances whether the Borough of Pine Hill is a plaintiff or is made a direct party to the initial action or claim or is subsequently made a party to the action by third-party in-pleading or is made a party to a collateral action arising, in whole or in part, from any of the issues from the original cause of action or claim.
[Ord. No. 2013-902]
Nothing herein contained shall infringe upon or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives. (N.J.S.A. 40A:14-118; 40A:14-146.9)
[Ord. No. 2013-902; Ord. No. 2013-904; Ord. No. 2013-908; amended 4-3-2023 by Ord. No. 2023-1026]
a. 
Adoption and promulgation. Subject to approval of borough council, the appropriate authority, pursuant to N.J.S.A. 40A:14-118, is hereby authorized to update, adopt and promulgate rules and regulations for the governing of the police department and for the discipline of its members with a view to making the police department and all members thereof efficient, vigilant and effective in the service of the Borough of Pine Hill. Said rules and regulations will be in electronic form and shall be called the "Rules and Regulations of the Police Department for the Borough of Pine Hill" and shall govern the conduct of and be binding upon the entire membership of said police department. Said rules and regulations shall provide for discipline of the members of the police force. In the event of any mutually inconsistent provisions between the police ordinance and the rules and regulations, the ordinance shall govern; however, both shall be interpreted so as to give full affect to both this chapter and the rules and regulations wherever possible.
b. 
Distribution. The Rules and Regulations shall be distributed in electronic form through the authorized Department Electronic Document System. A copy of the Rules and Regulations of the Police Department for the Borough of Pine Hill shall be maintained by the Chief of Police.
c. 
Members responsibility. Each police officer and each civilian employee is duty-bound to thoroughly familiarize himself/herself with the provision of the Rules, Regulations and general Orders of the Department. Failure to comply shall be considered neglect of duty. In the event neglect of duty is charged against a member for failure to observe the Rules and Regulations for Department Procedures or Orders, ignorance of any provision will not be accepted as an excuse.
[Ord. No. 317; Ord. No. 86-431; Ord. No. 93-533 §§ 2, 3]
The responsibility for maintenance personnel and the day to day handling of the fire department of the Borough of Pine Hill rest with the Board of Fire Commissioners of the Borough of Pine Hill and the responsibility for maintenance thereof shall rest with that board and not with the Mayor and Borough Council of the Borough of Pine Hill.[1]
[1]
Editor’s Note: Section 2-10, formerly containing subsections 2-10.1 - 2-10.27 and Ordinance Nos. 317 and 86-431, was amended in its entirety by Ordinance No. 93-533.
There is hereby established in the borough a municipal court to be known as "Municipal Court of the Borough of Pine Hill."
The court shall be presided over by a judge appointed by the Mayor with the approval of borough council and the judge shall be appointed for a term of three years from the date of his appointment, and until his successor is appointed and qualified.
The qualifications of the judge shall be those required by law.
The municipal court shall have jurisdiction as follows:
a. 
Violation of motor vehicle and traffic laws.
b. 
Violation of the fish and game laws.
c. 
Violation of the state disorderly persons act.
d. 
Violation of the borough ordinances.
e. 
Violation of the state poor laws.
f. 
Violation of the state child laws.
g. 
Violation of the state institution and agencies laws.
h. 
Such other functions, powers, duties and jurisdiction in civil and criminal cases as have been heretofore exercised by justices of the peace, police justices, police magistrates or recorders.
i. 
Concurrent civil jurisdiction with the small claims division of the county district court provided the defendant resides within the jurisdiction of the municipal court.
j. 
All the powers of a committing magistrate or judge.
k. 
Such other jurisdiction as may be conferred upon the court of law.
The practice and procedure shall be governed by law and shall be subject to such rules as may be promulgated by the supreme court of New Jersey.
All costs and fees shall belong to the borough and shall be delivered on the first day of every month to the proper custodian of borough funds. All fines and penalties shall be disposed of according to law.
[1]
Editor's Note: Former subsection 2-11.7, Fee for Application for Representation by Public Defender has been relocated to section 2-29 by Ordinance No. 98-641.
a. 
All requests for discovery in matters pending in the Borough of Pine Hill Municipal Court shall be submitted through the municipal prosecutor.
b. 
The following fees shall be payable by the requester to the Borough of Pine Hill for the discovery provided:
1. 
$0.75 per page for each of the first 10 pages photocopied.
2. 
$0.50 per page for each of the next 10 pages photocopied.
3. 
$0.25 per page for each of the pages photocopied thereafter.
4. 
Actual postage for any discovery sent by mail.
5. 
$0.25 for the envelope for any discovery sent by mail.
6. 
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.
7. 
Duplication of videotapes constitutes an extraordinary duplication process and will be charged at the rate of $5 per videotape.
8. 
On any item that cannot be photocopied on the Borough of Pine Hill copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
c. 
Where the discovery must be obtained from an entity other than the Borough of Pine Hill, e.g. another police department, the actual costs paid to the other entity shall be paid by the requestor.
The positions of the tax search Clerk and municipal improvement search Clerk are hereby created. The positions shall be filled by appointment by the borough council and the salaries shall be as provided in the annual salary ordinance.
The duties of the search Clerk shall be to certify the existence or non-existence of municipal assessments, liens, or arrears.
Fees for tax searches and for municipal improvement searches shall be established by resolution of the borough council.
[1]
Editor's Note: Former Section 2-13, Municipal Tax Assessor, previously codified herein was repealed in its entirety by Ordinance No. 2004-740.
[1]
Editor's Note: For provisions regarding the execution of a service agreement with the Camden County Municipal Utilities Authority (CCMUA) see Chapter 12, Water and Sewers, Section 12-5.
Pursuant to the provisions of the County and Municipal Water Sewerage Disposal Authorities Law (P.L. 1957, c. 183 p 634, Section 1, N.J.S.A. Title 40, Chapter 14B) of the State of New Jersey, there is hereby created a public body corporate and politic under the name and style of "The Pine Hill Borough Municipal Utilities Authority."
[Ord. #83, S2]
The Pine Hill Borough Municipal Utilities Authority hereby created is a utilities authority as contemplated and provided for by the County and Municipal Water and Sewerage Disposal Authorities Law and shall have and exercise all of the powers and perform all of the duties provided for by the County and Municipal Water and Sewerage Disposal Authorities Law and any other statutes heretofore enacted and applicable thereto.
[Ord. #83, S4; Ord. #235; Ord. #0-85-405; Ord. #94-571, S1; Ord. #95-585, SS1,2; Ord. #2000-680, S1; Ord. #2003-723, S1; Ord. #20-03-723, S1; Ord. #2006-788, S1; Ord. #2008-815, S1]
a. 
The salaries of the following chairperson and Commissioners of the Pine Hill Borough Municipal Utilities Authority shall not exceed the following and are annual salaries.
Chairperson $2,380.50
Commissioner $2,173.50
Alternate Commissioner $1,966.50
b. 
Said salaries shall be paid monthly.
A copy of this section duly certified by the borough Clerk shall forthwith be filed by the Clerk in the office of the Secretary of State of the State of New Jersey.
[Ord. #388; Ord. #2006-781, S1]
The "Pine Hill Borough Municipal Utilities Authority" shall consist of the regular membership established under the initial legislative enactment of the borough's governing body and shall also consist of "two alternate members" to be designated by the governing body as "Alternate Number One" and "Alternate Number Two" who shall serve during the absence or disqualification of any regular member or members. Alternate Number One shall serve first with highest priority and Alternate Number Two shall serve second upon the second vacancy.
The term of each alternate member shall be five years commencing on February 1 of the year of appointment; provided, however, that in the event two alternate members are appointed their initial terms shall be four and five years respectively. The terms of the first alternate members appointed pursuant to this amendatory act shall commence on the day of their appointment and shall expire on the fourth or fifth January 31 next ensuing after the date of their appointments, as the case may be. Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
[Ord. #222, S1 & 2]
The positions of deputy borough Clerk, deputy Tax Collector and deputy court Clerk are hereby created. The terms for the positions shall be as provided by law and at salaries established pursuant to the Local Budget Law R.S. 40A:4-1 et seq.
[Ord. #226, S1, 2, & 3]
The position of Zoning Officer is hereby created. The duties of the Zoning Officer shall be to administer and enforce the zoning laws of the borough as set forth in the zoning ordinance. The appointment of Zoning Officer shall be by the Mayor and confirmation of council as set forth in R.S. 40:87-16.
The position of board of health violations officer is hereby created. The duties of the Board of health violations officer shall be to enforce the health laws applicable to the borough together with such other duties prescribed by the governing body as well as the Board of health. The appointment of the officer shall be in the manner provided by R.S. 40:87-16.
[1]
Editor's Note: Ordinance history: Ord. #2, §§ 1 - 3.
[Ord. No. 2015-932]
The Board of Health of the Borough of Pine Hill shall be known as the Health Services Advisory Board of the Borough of Pine Hill created pursuant to the provisions of N.J.S.A. 26:3-1.
[Ord. No. 2015-932]
Said Board of Health shall consist of three members who shall be appointed by the Mayor with the advice and consent of the Borough Council of the Borough of Pine Hill. The persons so appointed shall be citizens of this State and residents of the Borough of Pine Hill. The terms of office of the three members shall be staggered of not less than one year and not more than three years. Thereafter, all appoints shall be for three-year terms. Vacancies in membership shall be filled for the unexpired term only. Appointment to a vacancy to the Health Services Advisory Board shall be made in the same manner as the original appointment.
[Ord. No. 2015-932]
Each member before taking office shall sign and file with the Borough Clerk an Oath of Office.
[Ord. No. 2015-932]
The Health Services Advisory Board of the Borough of Pine Hill shall cooperate with the County of Camden Health Department to provide a program of health services in compliance with the Health Services Act. Further, the Health Services Advisory Board may, from time to time, serve as liaison between the Camden County Health Department and the Mayor and Borough Council of the Borough of Pine Hill in an effort to promote the enforcement of any and all County Health Ordinances. The Health Services Advisory Board shall perform any and all related functions necessary to meet the standards of performances under the Health Services Act.
[Ord. No. 2015-932]
Pursuant to the provisions of N.J.S.A. 26:3 A2-10, the Camden County Department of Health is hereby designated as the entity responsible for compliance with the Local Health Services Act for any and all functions which would be performed by local health services provider, including meeting standards of performance.
[Ord. No. 2015-932]
The Health Services Advisory Board of the Borough of Pine Hill, County of Camden shall cooperate with the Camden County Health Department to provide a program of health services in compliance with the Health Services Act. Further, the Borough Health Services Advisory Board may serve as liaison between the Camden County Health Department and the Mayor and Borough Council of the Borough of Pine Hill in an effort to promote the enactment and enforcement of any and all County Health Ordinances.
[Ord. #2, S4]
The Board of health shall appoint a local registrar of vital statistics, Clerk and sanitary inspector, and may appoint such other officers or assistants as it may deem necessary.
[Ord. #2, S4]
The term of office of the registrar shall be three years and until his successor has been appointed and qualified and any vacancy occurring in such office shall be filled for the unexpired term only.
[Ord. #2, S4]
All appointees of the Board shall be governed by the rules of the Board of health and be subject to all laws, rules and regulations governing such officers, and they may be removed for cause by the Board. The sanitary inspector shall promptly report to the Board of health every violation of the health ordinances and rules of the borough coming to his view of knowledge, and the marshals of the borough when on police duty shall serve as special sanitary inspectors.
There exists in the borough unsanitary or unsafe dwelling accommodations, and persons of limited income, such as senior citizens, are forced to reside in such unsanitary or unsafe accommodations. In the borough there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of limited income can afford, and these persons are forced to occupy overcrowded and congested dwelling accommodations; and the aforesaid conditions cause an increase in and spread of disease and constitute a menace to the health, safety, morals and welfare of the residents of the borough and impair economic values; and those conditions necessitate excessive and disproportionate expenditures of public funds for public health and safety, fire and accident protection, and other public Services and facilities.
These areas in the borough cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of limited income be relieved through the operation of private enterprise, and the construction of housing projects for persons of limited income (as defined in the Local Housing Authorities Law) would therefore not be competitive with private enterprise.
The clearance, replanning and reconstruction of the areas in which unsanitary and unsafe housing conditions exist and the providing of safe and sanitary dwellings accommodations by any public body for persons of limited income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions. It is in the public interest that work on projects for such purposes be commenced as soon as possible in order to relieve unemployment.
Pursuant to the provisions of the "Local Housing Authorities Law" of the State of New Jersey, a body corporate and politic to be known as the "Housing Authority of the Borough of Pine Hill" is hereby created and established.
The membership of the housing authority shall consist of the Mayor, three councilmen appointed annually by the borough council and three members of the Pine Hill senior citizens organization appointed annually by the borough council.
The Clerk is authorized and directed to file a copy of this section with the executive officer of the State housing authority.
The housing authority of the borough is hereby authorized to adopt, initiate and carry out work or undertakings including but not limited to:
a. 
To make surveys and prepare redevelopment plans; and acquire blighted areas, as herein defined.
b. 
To acquire other real property for the purposes of removing, preventing or reducing blight, blighting factors or the causes of blight.
c. 
To acquire real property where the acquisition of the area by the authority is necessary to carry out a redevelopment plan.
d. 
To clear any areas acquired and install, construct or reconstruct streets, utilities and site improvements essential to the preparation of site for uses in accordance with the redevelopment plan.
e. 
To sell or lease land so acquired for uses in accordance with the redevelopment plan.
The office of community affairs coordinator is hereby established. The community affairs coordinator shall be appointed by the Mayor and confirmed by council.
The community affairs coordinator shall report to the Mayor or director of community affairs as established at the borough's annual reorganization. The community affairs coordinator shall assist the Board of recreation Commissioners with the planning, programming and budgeting of community activities and programs. As directed by the Mayor and/or director of community affairs, the community affairs coordinator shall implement plans and policies approved by the governing body. The coordinator will ensure good cooperation among the various community organizations by implementing management procedures for ensuring effective communications among the community, the Board of recreation Commissioners and the governing body. Additionally, the community affairs coordinator will be responsible administratively for the use of borough funds and facilities; reporting; and grant finding.
The term of the community affairs coordinator shall be for a period of one year.
A board of recreation Commissioners is hereby established in the Borough of Pine Hill, Camden County, New Jersey.
The Board of recreation Commissioners shall consist of seven members appointed by the Mayor.
The Commissioners first appointed shall be appointed for terms of one, two, and three years respectively, the term of at least one Commissioner expiring in each year according to the number appointed as fixed by the Mayor.
Editor's Note: Ord. No. 2021-1012 repealed the Shade Tree Commission previously codified at § 2-21.
There is hereby established in the Borough of Pine Hill an economic development commission having the powers and duties hereinafter enumerated.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 348, 92-520, 94-561, 96-615, 2004-732, 2005-778, and 2011-866.
The economic development commission shall consist of up to seven members appointed by the governing body. The appointees shall serve for terms of one year commencing January 1st and ending December 31st. All appointments to fill vacancies shall be promptly filled by appointment of the governing body for the unexpired term thereof.
The members of the economic development commission shall choose annually from among their members a Chairman or President and such other officers as they may deem necessary. The Mayor shall be ex officio member of the commission.
The economic development commission shall have the following powers and duties:
a. 
To inquire into, survey and publicize the extent advantages and utility of vacant land within the borough.
b. 
To classify such vacant land according to its adaptability for the settlement thereon of various types of business, professional, and industrial enterprises.
c. 
To study and analyze various businesses, industries and professions with a view to ascertaining the opportunities for expansion of such businesses, industries and professions within the borough.
d. 
Recommend to the governing body advertising the economic advantages and opportunities and availability of real estate in the borough and encourage and accomplish business, industrial and professional settlement within the borough.
The governing body may annually appropriate funds for the use of the economic development commission and such funds may be expended on the authority and approval of the commission upon submission of proper vouchers.
The office of any person appointed to a specified term, with or without compensation, by the governing body or Mayor, including persons appointed to any board, committee, commission, authority or other agency of the borough, shall be deemed vacant:
a. 
Upon its being so declared by judicial determination;
b. 
Upon the filing by such officer of his written resignation and written acceptance by the appointing authority;
c. 
Upon the refusal of a person designated for appointment to such office to qualify or serve;
d. 
Upon the determination of the appointing authority that such officer shall have become physically or mentally incapable of serving;
e. 
Upon the death of such officer;
f. 
Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such officer no longer resides within the corporate limits of the Borough of Pine Hill;
g. 
In the case of a member of a board, committee, commission, authority or other agency of the borough, whenever the member, without being excused by majority of the authorized members of such body, fails to attend and participate at meetings of such body, for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination; provided, further, that such board, committee, commission, authority or other agency of the borough may only excuse with respect to those failures to attend and participate which are due to legitimate illness;
h. 
Upon the removal of such officer for cause in accordance with New Jersey statutes, or for any other reason prescribed by New Jersey statutes.
Whenever any of the aforementioned criteria shall occur, resulting in a vacancy in any board, committee, commission, authority or other agency of the borough, the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law.
This section shall take effect immediately upon its enactment and publication.
The office of Clerk of the borough shall notify, through mail to the residence, all members of all boards, committees, commissions, authorities or agencies of the borough a certified copy of this section.
The director of public safety is, exclusively, responsible for the management, administration and oversight of the Pine Hill Police Department, Pine Hill Fire Department, and Pine Hill Municipal Court.
The personnel director is, exclusively, responsible for the management, administration, and oversight of all employees that are not subject to the management, administration and oversight of the directors of standing committees of the Borough of Pine Hill. The personnel director is responsible for the management, administration, and oversight of all employees to the extent of inclusion of his responsibility for their compliance with all legislative mandates enacted either through Ordinance, statute of the State of New Jersey, or law of the United States of America.
All other ordinances of the Borough of Pine Hill regarding the management, administration and oversight of the personnel of the Borough of Pine Hill that are not inconsistent with the terms and provisions of this section shall remain applicable.
The finance director is exclusively responsible for the management, administration and oversight of the financial affairs of the governing body, including but not exclusively, the compliance with the Local Public Contracts Law, the Local Budget Law, the Local Fiscal Affairs Law and the Local Bond Law. In addition to said responsibilities the finance director is responsible for the recommendation of the auditor and treasurer.
The director of streets and roads is exclusively responsible for the management, administration and oversight of the resources and employees of the Highway Department of the Borough of Pine Hill.
a. 
Pursuant to the provisions of N.J.S.A. 40A:14-156, the governing body of the Borough of Pine Hill hereby agrees to the provisions of reciprocal police assistance, as hereinafter proscribed, with those of municipal corporations in Camden County and in those counties contiguous to Camden County which demonstrate their reciprocity by their enactment of this section.
b. 
It is hereby expressly provided that upon committing such reciprocal police assistance, as hereinafter proscribed, no payment shall be required to be made by the assisted municipality to the municipality providing such assistance. This exclusion will include (but is not necessarily limited to) police salaries, cost of automobiles, motorcycles, use of police dogs and/or the cost of other equipment or expenses incurred by providing such assistance. This provision of non-payment is in lieu of those rates of pay and rentals set forth in N.J.S.A. 40A:14-156 and as required by law.
c. 
Any of the concurring parties may withdraw from and terminate their part in this agreement at the end of any calendar year, providing notice of such intention to terminate shall be given no later than November 1st of each year to each participant herein. Otherwise, the Agreement shall remain in force on a yearly basis.
d. 
The "Mutual Aid Operations Plan" promulgated by the Camden County Chiefs of Police Association proscribing the specifics of emergency reciprocal police assistance is hereby incorporated by reference without inclusion herein. Such "Mutual Aid Operations Plan" will be periodically updated; but such updated version will not be enacted until distributed to each and every party hereto for their edification and whatever action they may deem appropriate.
e. 
The Chief of Police shall annually, and as soon after the end of the year as practicable, furnish the respective governing body with a summary report of services rendered and received with his comments and recommendations.
a. 
The Mayor and council of the Borough of Pine Hill, County of Camden, and State of New Jersey that the territorial boundaries of the Borough of Pine Hill shall be the territorial location for the fire district to be known as "Fire District No. 1" of the Borough of Pine Hill.
b. 
Upon enactment of this section and its effectiveness, the governing body shall "by resolution, provide for the election of a board of fire Commissioners for the district to consist of five persons, residents therein, and shall specify the date, time, and place for the election of the first board."
[1]
Editor's Note: Prior ordinance history includes Ordinance Nos. 88-471 and 93-524.
The position of borough administrator is hereby created.
The administrator shall be appointed by the Mayor and confirmed by majority of the members of the governing body and shall be discharged subject to the approval of the majority of the members of the governing body.
The administrator shall be appointed solely on the basis of executive and administrative qualifications, with a background so as to prepare the appointee to assume the responsibility for administering borough operations. Appointee shall be responsible to the governing body for the proper and efficient administration of the business affairs of the borough.
The powers and duties of the administrator shall include but are not limited to the following:
a. 
The administrator shall have the responsibility of coordinating the affairs of the borough and shall in conjunction with the various department heads, the Mayor and members of the council, be responsible for supervising the daily business activities of the borough.
b. 
The administrator may also serve as the treasurer and Chief Financial Officer of the borough. He shall be responsible for the management of a sound investment program and shall report such results to the director of finance and administration.
c. 
The administrator, under the direction of the Mayor and council, shall be responsible for the administration of the various departments in the borough and, in general, will be responsible for the efficient operation of each department. Each department head will, except where specific functions may be described by statute, act under the direct supervision of the administrator and will be directly responsible to him.
d. 
The administrator shall serve as the borough personnel officer and in that capacity shall recommend in writing to the Mayor and council the appointment, suspension or discharge of the head of a department, office or agency of the borough.
e. 
The administrator shall recommend the appointment, suspension or discharge of subordinate borough employees to the governing body after consultation with the head of the department, office or agency.
f. 
The administrator shall maintain personnel files on all borough employees and maintain a description of all positions. He shall receive copies of all general and official correspondence addressed to the Borough of Pine Hill and see that they are referred to the appropriate official or department for disposition and reply. He shall set up master files and ensure that there is an up-to-date and coordinated filing system for all borough departments, offices and boards.
g. 
The administrator shall prepare and submit to the Mayor and council before the close of the fiscal year, or on such alternate date as shall be determined, a budget for the succeeding fiscal year and an explanatory budget message. In preparing the budget, the administrator or an officer designated by him, shall obtain from the head of each department, agency, board or officer estimates of revenues and expenditures and other supporting data as he may deem appropriate. The administrator shall review such estimates and may revise them before submitting the budget to the Mayor and council. In addition, the administrator shall prepare the temporary budget for the first January meeting of the governing body.
h. 
The administrator shall be responsible for the administration of the budget after its adoption by the governing body and he shall assure that all expenditures are in accordance with the budget.
i. 
The administrator shall submit to the Mayor and council, as soon as possible after the close of the fiscal year, (beginning with the close of the first fiscal year of his/her term) a complete report on the financial and administrative activities of the borough for the preceding year.
j. 
The administrator shall keep the governing body informed as to the federal and state aid projects, grants and any other aid programs for which the borough may qualify and actively pursue said projects, grants and programs upon instruction by the governing body.
k. 
The administrator shall supervise, manage and continually review the borough's insurance program.
l. 
The administrator shall attend all meetings of the governing body with the right to take part in the discussion and he/she shall receive notice of all special meetings of the governing body. The administrator shall oversee the preparation of agenda for all meetings of the governing body, ensuring that agenda packets with appropriate supporting documentation, are distributed to Mayor and council in a timely manner.
m. 
The administrator shall keep the Mayor and council informed, at least on a monthly basis, as to the conduct of borough affairs, submit periodic reports on the condition of the borough finances, and make recommendations to the Mayor and council as may be appropriate.
n. 
The administrator shall see that the provisions of all franchises, leases, permits and privileges granted by the borough are observed.
o. 
The administrator shall have the responsibility of supervising the overall purchasing policies of the borough, and shall be responsible for establishing and maintaining a complete manual of purchasing procedures. He shall supervise, require and implement an adequate inventory of all municipally owned equipment, material and supplies in stock, and further, recommend the sale of any surplus, obsolete or unused equipment, material and supplies to the governing body.
p. 
The administrator shall assign, clerical personnel, office space, furniture, equipment and facilities among and within departments.
q. 
The administrator shall maintain liaison with the Pine Hill Board of Education.
r. 
The administrator shall act as a representative of the borough at meetings, seminars and/or conventions as may be directed by the Mayor or members of council.
s. 
The administrator shall be responsible for the administration and coordination of municipal capital programs. This will include engineering studies and analysis, feasibility studies and cost benefit analysis.
t. 
The administrator shall have all the powers necessary to delegate any of the aforementioned responsibilities and will be responsible only to the Mayor and council.
u. 
All complaints regarding services provided by the borough or personnel employed by the borough shall be referred to the administrator. He shall investigate and dispose of such complaints, maintain the appropriate records relative to same and apprise the governing body of action taken.
v. 
Administrator shall also perform such other reasonable duties as may be assigned from time to time.
The term of the borough administrator shall be determined by contract. Said contract shall describe all compensation, minimum work schedule, benefits and leave. Salary for the position of borough administrator may also be included in the annual salary ordinance. The administrator need not be a resident of the Borough of Pine Hill.
Nothing in this section shall authorize the borough administrator to assume the statutory duties of any other official.
Under chapter 110, of the public laws of 1988, all municipal governments in New Jersey must have a Chief Financial Officer; and each municipality must by ordinance create the position of Chief Financial Officer.
The governing body of the Borough of Pine Hill desires compliance with the above statutory mandates; and the governing body shall make separate budgetary allocations therefore and designation of salary by subsequent salary ordinance.
The office of Chief Financial Officer of the Borough of Pine Hill is hereby established.
Appropriate budgetary allocation shall be incorporated into the annual budget of the Borough of Pine Hill.
The salary of the above officer shall be established by the annual salary ordinance.
The Chief Financial Officer shall be a person who is a "certified municipal officer appointed by the municipality as defined by New Jersey Statutes."
The Chief Financial Officer shall carry out the responsibilities established by the mandates of the New Jersey Statutes.
The appointed Chief Financial Officer shall be certified by January 1, 1991.
No member of the governing body shall be appointed as Chief Financial Officer.
Under N.J.S.A. 40A:9-140.7, the municipal financial officer means a comptroller or municipal treasurer who is not a member of the governing body of the municipality.
Under the United States Constitution and New Jersey Constitution, the constitutional "right to legal counsel" has been established.
Under New Jersey Statutes, due to the legislative establishment of severity of sentences, our State Courts have recognized the "right to legal counsel" applies to certain offenses, under the New Jersey Criminal Code and Motor Vehicle Code within the jurisdiction Municipal Courts.
In such cases, the municipal court judge is obligated to advise an individual regarding his right to counsel and the entitlement to a "public defender" upon satisfaction to the Court of one's candidacy as "indigent"; and under the above circumstances, the Pine Hill Municipal Court must address and legal mandate of a provision of a "public defender"; and said position has not been recognized by the necessary legal enactment by the governing body.
The office of public defender is, hereby, established.
The salary of the above part-time official shall be established by salary ordinance.
The above public defender shall serve only upon a determination by the court of the entitlement of the respective defendant.
In order to obtain the services of the municipal public defender or a court approved counsel; an application must be filed with the municipal court on a form provided by the borough. The application form shall be constant with the requirements of N.J.S.A. 2A:158A-1 et seq.
a. 
The municipal court judge shall make the decision as to which defendants are indigent after reviewing the defendant's application. This determination shall be based upon whether the applicant fits within the definition of "indigent defendant" found within N.J.S.A. 2A:158A-2.
b. 
The municipal court administrator shall assess a nonwaivable application fee of $200 upon each person from whom an application for services under this chapter is made. This fee shall be chargeable regardless of whether the applicant is found to require the services of the municipal public defender or court approved counsel. The municipal court judge may waive any application fee, in whole or in part, only if the court determines, in its discretion upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden upon the applicant.
c. 
The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services under this chapter. In the case of a defendant who is unable or unwilling to pay the application fee, the fee shall become a lien and the borough may collect the fee consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.
d. 
In all cases where it appears that the defendant has, or reasonably expects to have, means to meet some part, though not all, of the cost of the services rendered to him, he shall be required to reimburse the borough, either by single payment or in installments in such amounts as the applicant can reasonably be expected to pay over a time period not to exceed four months. No default or failure in the making of such payment shall affect or reduce the rendering of services under this chapter.
All monies collected for the use of this application fee shall be used exclusively to meet the costs incurred in providing the services of the municipal public defender or court approved counsel including, when required, expert and lay investigation and testimony.
New Jersey Statutes established financial responsibility of respective officials of the Borough of Pine Hill; and no such legislative enactment has formally recognized the necessity of the office of treasurer in the Borough of Pine Hill.
The governing body desires such formal recognition of said office at this time in order to establish conformity with New Jersey Statutes.
The office of treasurer is, hereby, established.
Pursuant to N.J.S.A. 40A:9-1.2, the governing body is, hereby, enabled to appoint to the office of municipal treasurer a nonresident of said municipality.
The salary of the above officer shall be established by salary ordinance.
The tenure provisions of N.J.S.A. 40A:9-152 and 40A:9-152.1 are, hereby, recognized.
There is hereby created in the Borough of Pine Hill the office of Code Enforcement Officer, and the title of said office shall be "Code Enforcement Officer of the Borough of Pine Hill."
The Code Enforcement Officer shall be appointed by the Mayor with the advice and consent of the borough council.
The salary of the Code Enforcement Officer shall be fixed in the annual salary ordinance.
The Code Enforcement Officer shall enforce the following ordinances: General Licensing, Mercantile Licenses, Litter and Rubbish, and the licensing or permit requirements of all borough ordinances. The Code Enforcement Officer shall also notify those persons or agencies responsible for the enforcement of all other borough ordinances in the event that any said ordinance appears to be violated.
The Code Enforcement Officer shall take steps to cause the correction of any violation of any code under the officer's jurisdiction. These steps may include warnings, a written direction to correct the matter, filing of charges for ordinance violations, or filing, with the assistance of the Borough Solicitor, other court actions to enforce the code. Should there exist a code violation which is not under the officer's jurisdiction, that violation will immediately be brought to the attention of the appropriate enforcing agency or person by the Code Enforcement Officer.
There is hereby established within the time frames for adoption of this section provided by state statute an autonomous body known as the environmental commission.
The environmental commission shall consist of seven members appointed by the Mayor and council of the Borough of Pine Hill.
The Commissioners first appointed shall be terms for one, two and three years respectively, the term of at least one Commissioner expiring each year according to the number affixed by the Mayor and council, thereafter, after the initial staggering of the terms, the term of each Commissioner shall be for three years.
The environmental commission shall have the power to:
a. 
Meet on an "as needed basis" to review the status of the environment in the Borough of Pine Hill with the approval of the governing body of the Borough of Pine Hill. The environmental commission shall have the opportunity to utilize a secretary who shall keep minutes of the meetings. The commission shall meet in public and shall be subject to the open public meetings act.
b. 
The environmental commission shall have the authority of all public documents within the Borough of Pine Hill and shall have the authority to request the cooperation of all of the various departments and agencies of the Borough of Pine Hill.
c. 
The environmental commission shall serve in an advisory capacity only after reviewing the environmental status of the Borough of Pine Hill, it shall have the opportunity to investigate any potential violators of any environmental laws of the Borough of Pine Hill, County of Camden and State of New Jersey or United States of America. It shall not have any subpoena powers and shall make recommendations only to the Mayor and governing body of the Borough of Pine Hill.
d. 
The environmental commission shall meet periodically to make recommendations and plans for the future conditions of the environment within the Borough of Pine Hill.
There is created the position of municipal superintendent of public works, an officer of the Borough of Pine Hill whose duties include supervising the care and maintenance of streets, roads, avenues, public buildings, public places, motor vehicles of the borough and other such duties as may from time to time be assigned by council.
The attached government records request form and the contents therein is adopted as the borough's system for the request of public records.[1]
[1]
Editor's Note: The form referred to herein may be found in the office of the borough Clerk.
a. 
There is established a recreational trust fund, to be funded as below.
b. 
Any funds in the recreational trust fund shall be used as determined by Mayor and Council to meet the recreational needs of Borough residents:
c. 
In the event that any applicant for land development in the borough is required by ordinance to provide recreational facilities, and if, in the sole discretion of the Planning Board, it is impossible or unwise to require the installation of recreational facilities, the developer may meet this need by making payment to the recreational trust fund in an amount equal to the costs of the recreation facilities it would otherwise be required to install plus the market value of the land not being used for recreational facilities or a cash contribution of $2,500 per dwelling unit, the method of calculation to be decided by the developer.
d. 
Payments shall be paid as follows: 1/2 at the time of final approval and the balance per unit at the time each building permit is issued.
The President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity.
The collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS.
It is necessary and desirable that all federal, state, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management.
To facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters.
The NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes.
The Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including current emergency management training programs; and
The National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.
The National Incident Management System (NIMS) is established as the borough standard for incident management.
[Ord. No. 2008-822]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Any newly appointed person covered under the Salary Ordinance of the Borough of Pine Hill, County of Camden, State of New Jersey, as of July 1, 2007.
[Ord. No. 2008-822]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
a. 
Certified health officer;
b. 
Tax Collector;
c. 
Chief Financial Officer;
d. 
Construction code official;
e. 
Qualified purchasing agent;
f. 
Tax Assessor;
g. 
Municipal planner;
h. 
Registered municipal Clerk;
i. 
Licensed uniform subcode inspector;
j. 
Principal public works manager.
[Ord. No. 2008-822]
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2012-897; N.J.S.A. 49:5-18]
Pursuant to N.J.S.A. 40:5-18, the fee for checks returned for insufficient funds shall be $20.
[Ord. No. 2012-895]
The following standards and criteria are hereby adopted and shall be made applicable to all contracts awarded and/or confirmed by the borough council and any and all borough boards, commissions and authorities which are in excess of $17,500.
[Ord. No. 2012-895]
BUSINESS ENTITY
Shall mean (i) an individual, including the individual's spouse, and any child/children; (ii) a firm, corporation, professional corporation, partnership, limited liability company, organization, association, and any other manner and kind of business entity; (iii) any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in paragraph (i) and (ii) above and their spouses and child/children; (iv) all partners or officers of such an entity, in the aggregate, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in paragraph (i) above more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation; wages; salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve-month period prior to the award of, or during the term of, a contract subject to this section.
[Ord. No. 2012-895]
a. 
Purpose and Intent. Although professional services contracts and certain other contracts for goods and services are exempt from the competitive bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the Mayor and borough council deem it appropriate, and consistent with the provisions of enacted New Jersey Legislation, now codified at N.J.S.A. 19:44A-1.1 et seq., to henceforth award such contracts through a competitive, quality-based, fair and open process, unless a specific determination to the contrary is made by the borough council.
b. 
Process For Award Of Professional Services And Other No-Bid Contracts. The Borough of Pine Hill, or any agency or instrumentality thereof, shall not enter into a contract, including a professional services contract, or such other contract which is exempt from public bidding requirements, having an anticipated value in excess of $17,500 as determined by the Borough of Pine Hill or any agency or instrumentality, thereof, with a business entity, except through a contract that is awarded pursuant to a fair and open process if, during the preceding one-year period, that business entity has made a contribution that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political party if a member of that political party is in office as the Mayor or a member of the borough council when the contract is awarded, or to any candidate committee of any person serving in an elected public office of the Borough of Pine Hill, when the contract is awarded. The fair and open process shall be quality-based, and shall be as follows:
1. 
Professional services may be awarded by virtue of a publicly advertised request for proposals (RFP) which will be issued as one document for those appointments which are made on an annual basis, such as, but not limited to, the positions of: Borough Attorney, borough labor counsel, Borough Engineer, borough planner, borough auditor, Planning Board attorney, Planning Board engineer, zoning board attorney, zoning board engineer, municipal utilities authority attorney, engineer and auditor and fire district attorney and auditor.
2. 
For said positions, no contract shall be awarded unless and until the positions are:
(a) 
Publicly advertised in newspapers or on the internet website maintained by the borough in sufficient time to give notice in advance of the solicitation for the contracts;
(b) 
Awarded under a process that provides for public solicitation of proposals and qualifications including the following:
(1) 
Experience and reputation in the field;
(2) 
Knowledge of the subject matter of the services to be provided to the borough;
(3) 
General knowledge of the borough, its affairs and operations;
(4) 
Availability to accommodate any required meetings of the borough;
(5) 
Compensation proposal;
(6) 
Compliance with the minimum qualifications established by the borough for the position;
(7) 
Other factors determined to be in the best interest of the borough.
(c) 
Awarded and disclosed under criteria established in writing by the Borough of Pine Hill prior to the solicitation or proposals or qualifications as set forth herein;
(d) 
Publicly announced when awarded; and as to those RFPs which prove to be unsuccessful, the borough administrator shall retain a copy of same on file for a period of not less than 60 days.
3. 
For contracts which arise on an occasional basis, such as appraisals needed for the acquisition of land and/or open space, as well as title searches, surveying, and similar work associated with same; and comparable assignments, such as planning services needed for master plan updates, appraisals, special counsel, special project engineer contracts, etc., professional services contracts may be awarded without following the foregoing provisions, so long as:
(a) 
The anticipated value does not exceed the $17,500 threshold set forth above; and work.
(b) 
The borough administrator solicits at least two proposals for said work.
c. 
The proposals shall be evaluated taking into consideration the designated qualifications and/or performance criteria, experience, reputation of vendor, quality of services, quoted fee and other relevant factors in making a recommendation to the borough council; and the borough administrator may, in his/her sole discretion, conduct negotiations with qualified vendors after receipt of proposals, in order to achieve the best possible contract terms and conditions for the borough and its taxpayers. No contract shall be awarded, however, unless same is authorized by resolution duly adopted in public session by the borough council.
d. 
Contribution Statement By Professional Business Entity.
1. 
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the borough or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the business entity has not made a contribution in violation of this section;
2. 
The business entity shall have a continuing duty to report any violations of this section that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the borough and shall be in addition to any other certifications that may be required by any other provision of law.
e. 
Contracts Issued Without Use Of The RFP Process.
1. 
In circumstances where the borough council determines that the use of the RFP process is not appropriate, such as, but not limited to, contracts with other government agencies, and agreements with public utilities, the borough administrator shall use his/her best efforts to obtain at least two quotations for the work and shall require the contractor to fully comply with the provisions of N.J.S.A. et seq., N.J.S.A. 19:44A-22, and related statutes.
2. 
No business entity which enters into negotiations for, or agrees to, any contract or agreement with the Borough of Pine Hill or any department or agency thereof, or of its independent authorities for the rendition of professional, banking or insurance coverage services, or any other consulting services, shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Borough of Pine Hill, municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate of officeholder, or to any Borough of Pine Hill party committee between the time of first communications between that business entity and the borough regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
f. 
Emergency Exceptions. Notwithstanding the foregoing, the borough recognizes that the New Jersey Legislature has provided for certain emergencies, and further recognizes that the procedure outlined above, might not be capable of being achieved in the event of an emergency or other time constraints. Thus, should a situation arise, and time does not permit resort to this procedure, and the immediate performance of services is necessary, then an award for same may be made in accordance with the provisions of the Local Public Contracts Law relating to emergency contracts, and such rules and regulations as may be promulgated, from time to time, by the borough council with regard to same. No such emergency contracts, however, may be awarded without a resolution establishing a basis for the deviation from the procedures outlined herein.
[Ord. No. 2016-942 Preamble]
The State of New Jersey is one of three states that has been engaged in a process to establish a competitive market place through deregulation and restructuring of the electric utility industry.
The Government Energy Aggregation Act of 2003 permits the Township of Pine Hill to become a Government Aggregator in order to provide electric generation service for use by residential and nonresidential customers within the Municipality's geographic boundaries.
Residential and nonresidential citizens of the Borough of Pine Hill have a substantial economic and social interest at stake in the purchase and supply of energy.
The Borough Council of the Borough of Pine Hill finds it is in the best interest of the municipality's rate payers, both residential and nonresidential, to create a Governmental-Private Energy Aggregation Program.
[Ord. No. 2016-942 § 1]
The Borough Council of the Borough of Pine Hill is authorized to become a Government Aggregator of electric generation service and electric service for residential and nonresidential customers' electric power on behalf of its residential and nonresidential citizens.
[Ord. No. 2016-942 § 2]
The Borough will follow the Government-Private Aggregator Option Two of the BPU Government-Private Aggregator Program pursuant to the rules and regulations of the New Jersey State Board of Public Utilities.
[Ord. No. 2016-942 § 3]
The Mayor and Borough Administrator are hereby authorized to take any and all steps to submit the necessary documentation to the New Jersey Board of Public Utilities and to provide any and all notices to residential customers to opt-out of the Program and to nonresidential customers to opt-in to the Program.
[Ord. No. 2016-942 § 4]
The Borough is a member of the Middlesex Regional Educational Services Commission and they have followed the Fair and Open process to select an energy consultant, Good Energy L.P. to perform the New Jersey BPU aggregation program adopted by N.J.A.C. 14:4-6 et seq.
[Ord. No. 2016-942 § 5]
The term of the agreement shall require the Borough Council to approve by Resolution the extension of the service agreement annually up to no more than five renewals.
[Ord. No. 2016-942 § 6]
All fees and services costs shall be posted annually for the cost of electricity on the Borough's website to permit residential disclosure according to the following:
June 1, 2016 Rate information (Projected)
ACE Auction Rate per kWh:
$0.1070
Aggregating Rate offer per kWh:
$0.1009(estimated)
Fees to service provider per kWh:
$0.00125
[Ord. No. 2016-947; Ord. No. 2017-954]
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH-SPONSORED YOUTH PROGRAMS
Shall mean any programs sponsored by the Borough of Pine Hill, including any and all leagues, boards and commissions falling within the purview of, or acting for or on behalf of, the Borough of Pine Hill and having contact with persons under the age of 18 years.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and/or the New Jersey State Bureau of Identification in the Division of State Police.
NON-SPONSORED YOUTH PROGRAMS
Shall mean any youth programs not sponsored by the Borough of Pine Hill, but that utilize municipal facilities or have affiliation with a Borough-sponsored youth program and having contact with persons under the age of 18 years.
YOUTH PROGRAMS
Shall mean any programs that allow for participation in activities by those persons under 18 years of age. Activities may include, but are not limited to, sporting activities, passive recreation groups, clubs or camps and trips or other activities whereby some control and responsibility for children are assigned to some person acting for or on behalf of the Borough other than a parent or caregiver.
[Ord. No. 2016-947; Ord. No. 2017-954]
a. 
Prior to any club or organization, not defined as a Borough-sponsored youth program, being authorized to use Borough-owned facilities for functions participated in by children, all adults, those persons 18 years of age or older, in any way assisting in the function, including but not limited to coaches, assistant coaches, or similar positions, must provide the Pine Hill Borough Police Chief with findings of a criminal background check obtained from the State Bureau of Identification in the New Jersey State Police.
b. 
The submission of background check findings must be based upon a check performed within three years of the start of use of the Borough-owned facility. In the case of coaches performing duties as employees of a school district, the policy of background checks adopted by the individual school district shall be used to establish eligibility for use of Borough-owned facilities. In all cases, the background check must comply with the provisions of any applicable laws regarding same, but not less detailed than those performed by the Borough for individuals involved in administering Borough-sponsored youth programs. The cost of background checks for individuals not administering a Borough-sponsored program shall be borne by the individual or program with which they are participating.
[Ord. No. 2016-947; Ord. No. 2017-954]
a. 
All adults, those persons 18 years of age or older, including but not limited to coaches, assistant coaches, or similar positions involved in educating, directing or supervising youth, and in any way assisting in a Pine Hill Borough-sponsored function participated in by children, shall submit sufficient information on forms supplied by the Borough Police Department from the New Jersey State Police, for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police. Applications for background checks shall be processed by the Pine Hill Borough Police Chief.
b. 
Based upon the Memorandum of Understanding executed between the Borough of Pine Hill and the New Jersey State Police, the individual applying for the background check shall authorize the Borough Police Chief to be the recipient of the affirmative or negative response from the State Police based upon the findings of the background check. Individuals involved in a Borough-sponsored youth function, and who are required to undergo background checks based upon this section, shall not be responsible for the costs involved with obtaining the criminal background check.
c. 
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this section for that league or program. The President or leader of each recreation program shall file an annual roster of individuals that are required to participate in the background check procedures of this section. The roster shall be on forms supplied by the Borough of Pine Hill and shall contain a certification as to the accuracy and completeness of the roster and individual names. Any person who knowingly certifies a background check roster that excludes an individual required to be checked shall be in violation of this section and laws regarding false swearing.
[Ord. No. 2016-947; Ord. No. 2017-954]
Individuals engaged in providing recreation activities, whether for Borough-Sponsored Youth Programs or Non-Sponsored Youth Programs, shall be issued identification cards with appropriate expirations based upon the date of their individual background check. Individuals issued identification cards are required to display their card while in performance of their duty involving youth programs.
[Ord. No. 2016-947; Ord. No. 2017-954]
a. 
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Borough Police Chief shall notify the applicant directly if the search result is negative. (Search identifies a basis to disqualify the applicant.) The determination of the Police Chief is based upon the procedure set forth in this section. Details in the background check that result in a negative determination by the State Police are not afforded to any other party and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
b. 
In the event the criminal background check reveals any prior convictions for crimes or offenses which negatively impact the health, safety and welfare of children, said person shall not be qualified to participate in any official capacity in any function for persons under the age of 18 years held at any Borough-owned facilities. Such offenses shall include, but not be limited to:
1. 
In New Jersey, any crime or disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses 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. 2C:15-1 et seq., such as robbery;
(b) 
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;
(c) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
(d) 
Involving any controlled dangerous substance or controlled substance analogue 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 subsection 2-41.5b1 of this section.
c. 
The list of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person from assisting with youth-related activities as indicated herein.
d. 
Refusal by individuals required to submit to background checks will result in an immediate dismissal of the individual from any Borough-sponsored activities requiring background checks. In addition, refusal to comply with this section by any individual falling within the scope of requirements for non-sponsored youth programs will forfeit that individual's ability to participate with the respective program. Refusal of a non-Borough-sponsored youth program to subscribe to the requirements of this section shall forfeit that program's ability to use municipal facilities.
[Ord. No. 2016-947; Ord. No. 2017-954]
a. 
All non-sponsored youth programs that have individuals subject to this section shall supply background checks for all of its participants prior to the individual being able to participate at any function at a Borough-owned facility to the extent covered by this section. Thereafter, every three years, a new background check shall be submitted to the Borough Police Chief.
b. 
Borough-sponsored youth programs.
1. 
All Borough-sponsored youth programs that have individuals subject to this section shall direct those individuals to the Police Chief for background checks prior to the individual being able to participate at any function sponsored by the Borough of Pine Hill. Thereafter, every three years a new background check shall be submitted to the Police Chief.
2. 
Individuals involved in Borough-sponsored youth programs who are required to undergo background checks shall be given an interim approval for participation only after submission to the Division of State Police for a background check. Interim approvals shall only be valid for the period of time that it takes to receive background checks results. Such interim approval shall not be valid for a period of time exceeding 45 days. Only one interim approval may be granted per individual.
[Ord. No. 2016-947; Ord. No. 2017-954]
Any person whose criminal background check disqualifies that person from employment or from volunteering may appeal his disqualification.
a. 
Appeal re: accuracy of record. A person may challenge the accuracy of the criminal history record. A challenge to the accuracy of the report shall be filed with the New Jersey State Police, Volunteer Review Operations. Forms to initiate a challenge shall be available from the Borough Police Chief.
b. 
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
1. 
No person may appeal a disqualification on the grounds of rehabilitation, if the person has been disqualified because that person has been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; aggravated criminal sexual conduct kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.A. 2C:24-4; 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 N.J.S.A. 2C:13-6; criminal sexual conduct 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. 
Appeals Committee. An appeal based on rehabilitation shall be made to an Appeals Committee, which shall consist of the Borough Chief of Police, the Borough Administrator and Borough Council Recreation Director. Any such appeal must be made within 30 days of receipt of the notice of disqualification. The appealing party must provide all information necessary for the Appeals Committee to complete its review. All proceedings before the Appeals Committee shall be closed to the general public.
3. 
Rehabilitation criteria. 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; and
(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.
4. 
If the Appeals Committee determines that the disqualified person has been successfully rehabilitated, it shall enter the person's name on the list of qualified employees and volunteers maintained by the Borough Police Chief or his designee.
[Ord. No. 2016-947; Ord. No. 2017-954]
a. 
Any and all criminal background checks obtained from the State Bureau of Identification in the New Jersey State Police or the Federal Bureau of Investigation shall be filed and maintained in a secured cabinet in the office of the Chief of Police for the Borough of Pine Hill who shall take custody and maintain such records which shall not be available to the public. The Pine Hill Borough Chief of Police shall take appropriate steps to safeguard such records. The records shall be exempt from public disclosure under the common law, the Open Public Records Act and the New Jersey Right to Know Law. In addition, the Pine Hill Borough Chief of Police shall not reveal the affirmative or negative response from the State Police based upon the findings of the background check except as provided in this section. Other than members of the Appeals Committee, no Pine Hill Borough official or employee shall have access to the criminal background checks other than individuals in the Pine Hill Borough Police Department Records Bureau, whose only access shall be to take custody and maintain the files as provided for in this subsection. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose and thereafter destroyed. The Pine Hill Borough Chief of Police shall be the contact person for Pine Hill Borough for the VRO Program of the State Police.
b. 
Access to criminal history record information for noncriminal-justice purposes, including licensing and employment, is restricted to the members of the Appeals Committee, as authorized by Federal or State law regarding obtaining and disseminating of criminal history record information obtained under this section.
c. 
The Appeals Committee shall limit its use of the criminal history record information solely to the individual for which it was obtained and the criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records.
[Ord. No. 2016-947; Ord. No. 2017-954]
a. 
Failure to comply with this section may result in the Borough withholding funding for the youth service organization, prohibiting the use of facilities or withholding funding for facility maintenance.
b. 
Any person violating or failing to comply with the provisions of this section, upon conviction, shall be subject to a fine of not less than $250 and not more than $2,500. Each continuing violation shall constitute a separate offense.
[Ord. No. 2017-959]
a. 
All employees and elected public officials of the Borough of Pine Hill who receive compensation from the Borough are hereby mandated to have Direct Deposit of their compensation as of November 1, 2017 in accordance with Chapter 28 P.L. 2013 as defined under C.52:14-15f(b).
b. 
All employees required to have direct deposit will also be required to receive paperless statements, via email.
c. 
Seasonal and temporary employees who are employed by the Borough of Pine Hill are exempt from the direct deposit mandate.