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.
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;
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.
CONTRACTOR
OFF-DUTY EMPLOYMENT
Definitions.
As used in this subsection, the following terms shall have the
meanings indicated:
Shall mean the person, corporation, or other legal entity
employing a Borough of Pine Hill police officer to provide off-duty
police-related services.
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]
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.
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.
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 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:
[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]
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:
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:
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.
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.
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.
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.
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.
