[Ord. #686, § 1-1.1]
Article I shall be known and may be designated as the "Administrative Code."
[Ord. #686, § 1-1.2]
For the purposes of this Chapter, except as the context may
otherwise require:
Shall mean Council-Manager Plan "B" (Article 12A) of the
Optional Municipal Charter Law (N.J. Laws of 1950, Ch. 210 as amended).
Shall mean an organization unit of the government established
or designated by this Article as a department and any agency or instrumentality
of the government not allocated or assigned to such an organization
unit.
Shall mean statutes which are not inconsistent with the Charter
and either (1) are by their terms applicable or available to all municipalities,
or (2) relate to taxation, local courts, education, health, public
authorities serving more than one municipality and municipalities
in an unsound financial condition.
Shall mean the Municipal Manager appointed pursuant to the
Charter, or any deputy manager or acting manager temporarily serving
in place of a manager pursuant to Charter or ordinance.
Shall mean and refer to the Borough of Keansburg in the County
of Monmouth.
Shall mean any and all ordinances of the Borough of Keansburg.
[Ord. #686, § 1-2.1]
All powers of the Municipality and the determination of all
matters of policy shall be vested in the Municipal Council, except
as otherwise provided by the Charter, General Law or the Administrative
Code.
[Ord. #686, § 1-2.2]
The compensation of each member of the Council shall be the
sum provided by the salary ordinance.
[Ord. #686, § 1-2.3]
On the first day of July, following their election, unless that
day be a Sunday, in which case it shall be on the next succeeding
day, the members of the Municipal Council will assemble at the usual
place of meeting of the governing body of the Municipality and organize
and elect one of the Councilmen as Mayor, and one to serve as Acting
Mayor in the event of the absence or disability of the Mayor. The
Mayor and the Acting Mayor shall be chosen by ballot by majority vote
of all members of the Municipal Council.
[Ord. #686, § 1-2.4]
The Mayor shall have only such powers and duties as mayor as
are expressly vested in him by this Chapter. The Mayor shall preside
at all meetings of the Municipal Council and shall have a voice and
vote in its proceedings. In the absence of the Mayor and the acting
Mayor, the Municipal Clerk shall call the Council to order and it
shall thereupon elect a temporary chairman. Upon the arrival of the
Mayor, the Temporary Chairman and/or the acting Mayor shall immediately
relinquish the chair upon the conclusion of the business immediately
before the Council. All bonds, notes, deeds, contracts and written
obligations of the Municipality shall be executed on its behalf by
the Mayor, or in the event of his inability to act, such Councilman
as the Municipal Council shall designate to act as Mayor during his
absence or disability.
[Ord. #686, § 1-2.5; Ord. #733, § 1;
Ord. #927; New; Ord. #1345, § 1]
a.
Regular Meetings. The Council shall meet in accordance with the enabling
resolution adopted at each reorganization meeting setting down the
date, time and place of each regular meeting.
b.
Special Meetings. The Mayor may at any time and upon written request
of any three Councilmen call a special meeting. The call for a special
meeting shall specify the purpose of the meeting and no business shall
be transacted at any special meeting other than that specified. The
Mayor's call for a special meeting shall be filed with the Clerk at
least 24 hours prior to the time for which the meeting is called.
The Clerk shall forthwith give notice thereof by telephone or telegraph
to each Councilman at such place as he shall have previously designated
for that purpose and also serve or cause to be served a written copy
of the call upon each Councilman by delivery of a copy to him personally
or by the leaving of a copy at his usual place of abode. The Municipal
Police shall cooperate with the Clerk in effectuating such service
of notice. Upon written waiver of notice executed by all of the members
of the Council, a special meeting may be held, without prior notice,
notwithstanding the above provisions of this subsection.
c.
All regular and special meetings of the Council shall be open to
the public. The Manager, Attorney, Clerk and such other municipal
officers and employees as may be required by general or special order
of the Council, shall attend regular and special meetings of the Council.
Notice of meetings shall be given in accordance with the "Open Public
Meeting Act."
[Ord. #686, § 1-2.6]
The Council may convene at any time in informal conference for
the preliminary study of municipal business or to plan for the agendas
of its future meetings. No person other than those specifically invited
by the Council to attend shall be authorized to be present at any
such conferences.
[Ord. #686, § 1-2.7]
A majority of all the members elected to the Council shall constitute
a quorum at any regular or special meeting of the Council, but a lesser
number than a quorum may adjourn any meeting. If no member of the
Council is present one-half hour after the appointed time for any
meeting, the Clerk shall adjourn the meeting.
[Ord. #686, § 1-2.8]
Order of business, agenda, conduct of meetings, procedure, decorum,
and any and all matters pertaining to the functions of the Council
and the carrying out of Borough business at regular and special meetings
shall be determined and prescribed by resolution of the Council.
[Ord. #686, § 1-2.9]
Except as may be provided in the Charter and the Administrative
Code, questions of order, methods of organization and the conduct
of business of the Council shall be governed by the latest revised
editions of Robert's Rules of Order.
[Ord. #686, § 1-3.1; Ord. #696; Ord. #1345, § 1]
The administrative functions, powers and duties, except such
as are by Charter or General Law, reserved to the Council, shall be
allocated among and within the following departments:
a.
General Administration.
b.
Department of Finance.
c.
Department of Police.
d.
Department of Inspections.
e.
Department of Engineering and Public Works.
f.
Department of Health and Welfare.
g.
Department of Recreation, Parks and Playgrounds.
The following Boards, Commissions, Agencies, and Instrumentalities
which are not allocated or assigned to a department:
h.
Maintenance of Free Public Library.
i.
Municipal Courts.
j.
Municipal Prosecutor.
k.
Planning Board of Adjustment.
l.
Harbor Committee.
m.
Local Civil Defense Council.
n.
Recreation Committee.
o.
Economic Development committee.
p.
Citizens Advisory Board.
q.
Beach and Environmental Commission.
r.
Such other commissions and advisory boards as Council may create.
[Ord. #686; § 1-4.1]
The Borough Manager shall be appointed and may be removed in
accordance with the Charter. He shall receive such compensation as
shall be provided by ordinance, payable as other municipal salaries
are paid unless and until otherwise provided by ordinance. The Manager
may designate a qualified administrative officer of the Borough to
perform his duties during his temporary absence or disability. In
the event of his failure to make such designation, the Council may
by resolution appoint an administrative officer of the Borough to
perform the duties of the Manager during such absence or disability
until he shall return or his disability shall cease.
[Ord. #686, § 1-4.2]
The Manager shall be the chief executive and administrative
officer of the Municipality. He shall see that all ordinances, resolutions
and policies of the Council, and all State laws subject to enforcement
by municipal action are faithfully enforced and executed. He shall:
a.
Represent the Municipality and assert its proper interest in relation
to the State and other political subdivisions and with respect to
municipal contracts and franchises.
b.
Attend all meetings of the Municipal Council with the right to take
part in the discussions, but without the right to vote.
c.
Keep the Council advised of the financial condition of the Borough,
make reports to the Council as requested by it and at least once a
year make an annual report on the administration of the municipal
government for the benefit of the Council and the public.
d.
Study the governmental and administrative operations and needs of
the municipal government and prepare and recommend to the Council
necessary and desirable plans and programs to meet present and foreseeable
needs.
e.
Investigate at any time the affairs of any officer or department
of the Municipality.
f.
Perform such other duties as may be required of the Municipal Manager
by ordinance or resolution of the Municipal Council.
[Ord. #686, § 1-4.3; Ord. #1538]
The Manager shall:
a.
Direct and supervise the administration of all departments of the
municipal government and be responsible for the maintenance of sound
personnel policies and administrative practices.
b.
Approve all bills and vouchers for payment subject to pre-audit and
control as provided herein.
c.
Maintain a continuing review and analysis of budget operations, work
programs, and costs of municipal services.
d.
Establish working, personnel, vacation and sick leave schedules and
appropriate records and reports.
e.
Approve or prescribe the internal organization of each department.
f.
Assign and transfer administrative functions, powers and duties among
and within Departments, subject to the Charter and Administrative
Code.
g.
Delegate to department heads such of his powers as he may deem necessary
for efficient administration.
h.
A Public Officer and a Deputy if any, shall be appointed by the Borough
Manager. The Public Officer shall create an abandoned property list
in accordance with N.J.S.A. 55:19-54 et seq. This list may be updated
from time to time in the discretion of the Public Officer. The creation
and any amendments to the Abandoned Property List must comply with
any and all notice requirements as provided by law.
[Ord. #686, § 1-4.4]
The Manager shall:
a.
Serve as the Personnel Officer of the Borough unless and until the
Council shall, upon his recommendation, authorize the appointment
of a Personnel Officer and the establishment of a Division of Personnel.
b.
Appoint and remove a Deputy Manager if one, by authorization of the
Council, all department heads and all other officers, subordinates
and assistants, other than the Municipal Clerk, Municipal Attorney,
Planning Board (Class I, III and IV members), Planning Board and certain
advisory boards for whose appointment other provision is made by the
Charter or Administrative Code. He may delegate to the head of a department
the power to appoint and remove subordinates in such departments,
supervise and control his appointees, and report all appointments
or removals at the next meeting thereafter of the Municipal Council.
Pursuant to the Charter, any provision of General Law conferring the
appointing power or other power upon the Mayor or other executive
head of the Municipality shall be construed as meaning the Municipal
or Borough Manager, and the appointments or the power exercised by
the Borough Manager in accordance with such provision shall be classified
and given the same force and effect as if executed by the official
named therein, except that members of the Borough of Education and
of the Trustees of the Public Library, whenever required to be appointed
by any such provision by any board or official of the Municipality,
shall be appointed by the Mayor.
[Amended 5-18-1999 by Ord. No. 1258 ]
[Ord. #686, § 1-4.5]
Except where otherwise expressly required by the Charter or
General Law, department heads and subordinate officers and employees
subject to appointment by the Manager shall be appointed for an indefinite
term subject to suspension or removal by the Manager.
[Ord. #686, § 1-4.6]
The head of a department subject to the Charter and Administrative
Code and the approval or direction of the Manager, shall:
a.
Prescribe the internal organization of the work of his department.
b.
Direct and supervise the subordinate officers and employees of the
department and make, alert and enforce individual work assignments.
c.
Approve or disapprove payrolls, bills and claims chargeable to the
departmental appropriations.
d.
Maintain such records of work performance and unit costs thereof
as may be approved or required by the Manager.
e.
Exercise such other or different powers of administrative supervision
and direction as the Manager may delegate to him.
[Ord. #686, § 1-4.7]
All materials, supplies and equipment work and labor under contract
required by any department, office or agency of the Municipality shall
be purchased by, or under the direction of the Manager.
a.
Purchasing Agent. The Manager may designate an administrative officer
of the Municipality to serve as Purchasing Agent.
b.
Purchase Controls. Purchases shall be authorized only upon requisition
of a department head which shall be made to the Manager at such times
and in such form as he may prescribe or approve. All purchases made
and contracts awarded for any supplies materials, or equipment or
contractual services shall be pursuant to a written requisition from
the head of the department against which the appropriation will be
charged and the certification of the Treasurer that a sufficient balance
of appropriation is available to pay therefor. All such purchase contracts
in excess of statutory limitations shall conform with applicable requirements
of State statutes for competitive bidding. Except as the Manager may
specifically authorize in case of emergency, no purchase shall be
made and no bill, claim or voucher shall be approved unless the procedures
prescribed by or pursuant to the Administrative Code have been followed.
The Manager may at his option in cases where competitive bidding is
not required, submit a proposed purchase to competitive bidding, open
the bids obtained, and award contracts.
c.
Award of Contracts; Execution. Where contracts are by law required
to be let to competitive public bidding, the Council may upon recommendation
of the Manager with respect to all contracts other than contracts
the specifications for which have been prepared by the Borough Engineer,
and upon recommendation of the Borough Engineer with respect to such
contracts, let the contract in the manner prescribed by law. The Mayor,
or in the event of his inability to act, such Councilman as the Municipal
Council shall designate to act as Mayor during his absence or disability
shall execute and sign contracts let and authorized, pursuant to the
charter and ordinances, and their respective signatures shall be attested
by the Clerk.
d.
Standards and Tests. The purchasing agent shall establish and approve
uniform standards for requisitions and purchases; shall control the
delivery of all supplies, materials, and equipment and other items
purchased and shall make or cause to be made proper, test checks and
inspections thereof. He shall ascertain whether the sold supplies,
materials, equipment and other items purchased comply with the specifications
and shall cause laboratory or other tests to be made whenever in his
opinion it is necessary to determine whether the materials or supplies
furnished are of the quality and standard required, and shall accept
or reject the deliveries in accordance with the results of his inspection.
e.
Storerooms. The Purchasing Agent shall control any general storerooms
or stockrooms which the Council may authorize. He may make transfers
of supplies, material and equipment between departments, officers
and agencies; sell surplus, absolute, unused or waste supplies, material
and equipment; and make any other sales authorized by the Council.
[Ord. #686, § 1-4.8; Ord. #1345, § 1]
a.
Budget Preparations. The municipal budget shall be prepared by the
Municipal Manager. During the month of May in each year, the Municipal
Manager shall require all department heads to submit requests for
appropriations for the ensuing budget year and to appear before him
at public hearings, which shall be held during that month, on the
various requests.
b.
Budget Document. Upon the basis of the departmental requests, the
budget hearings, his analysis of the needs and resources of the Municipality,
and such policy guides as may be prescribed by resolution of the Council,
the Manager shall prepare his recommended budget in the form required
by General Law for municipal budgets. On or before August 10 in each
year, the Manager shall present to the Council his budget document
consisting of:
c.
Budget Message. The budget message shall consist of such explanatory
comments, exhibits, and schedules concerning the budget as the Manager
may deem desirable, together with
1.
An outline of the proposed financial policies for the ensuing budget
year, including explanations of the important features of the budget
and of any major changes in policy.
2.
An analysis of revenue and costs and of work performance contemplated
by the budget so far as appropriate units of measurement have been
developed and installed.
3.
A statement of pending capital projects and proposed new capital
projects, relating the amounts required for capital purposes to the
down payments and other expenditures financed from current appropriations
and to the amount of bonds to be issued during the budget year.
4.
A capital program of proposed capital projects for the budget year
and the next five years, which may be prepared by the Municipal Planning
Board, together with his comments thereon and estimates of cost.
d.
Budget Operation. The Manager shall control the expenditure programs
of each department through the application of work programs and periodic
allotments of budgeted appropriations. No department shall incur any
expenditure in excess of the amount so allotted. Whenever it shall
appear to the Manager that the amount appropriated for any department,
or for any purpose within a department, is in excess of the amount
required to be expended to provide the quantity and quality of services
authorized by the budget, the Manager may, by administrative order
with the approval of the Council, reduce the amount available for
expenditure by any department during the remainder of any year. If
at any time during the budget year the Manager shall ascertain that
the Borough government is faced with the probability of incurring
a cash deficit for the current year, he shall reconsider the work
programs and allotments of the several departments. Upon such reconsiderations,
he may by administrative order with the approval of the Council revise
budget allotments so as to forestall, so far as possible, the making
of commitments and expenditures in excess of the revenues to be realized
during the fiscal year.
[Ord. #686, § 1-5.1]
There shall be an office of the Clerk, the head of which shall
be the Municipal Clerk. The Municipal Clerk shall be appointed by
the Council and shall, prior to his appointment, be qualified by training
and experience to perform the duties of his office. He shall serve
for a term of one year, and shall receive such compensation as shall
be provided by ordinance.
[Ord. #686, § 1-5.2]
The Clerk shall serve as Clerk of the Council and as secretary
of any special legislative committees of the Council appointed pursuant
to the Charter. He shall attend all meetings of the Council and of
such committees when required by the chairman thereof, and shall keep
the minutes of the proceedings of the Council and of such committees.
The minutes of each meeting of the Council shall be signed by the
officer presiding at the meeting and by the Clerk.
[Ord. #686, § 1-5.3]
a.
The Clerk shall engross all ordinances and all resolutions of a permanent
character in books to be provided for that purpose. After each ordinance
he shall also engross and certify the proof of publication thereof
as required by law. Each ordinance and resolution so engrossed shall
be signed by the Mayor and the Clerk who shall attest that it was
duly adopted upon a date stated, and when so signed the engrossed
copy shall be deemed to be a public record of the ordinance or resolution.
Any omission by the Clerk or the Mayor to engross, sign or certify
as herein required shall not impair or affect the validity of any
ordinance which has been duly adopted.
b.
At the close of each year, the Clerk, with the advice and assistance
of the Municipal Attorney, shall bind, compile or codify all the ordinances
and resolutions, or true copies thereof, which then remain in force
and effect. He shall also properly index the record books, compilation
or codification of ordinances and resolutions.
[Ord. #686, § 1-5.4]
The Clerk shall have custody of and shall safely keep all records,
books and documents of the Borough, except those committed by Charter
or ordinance to any other office or transferred thereto by the Manager.
He shall, upon request and upon the payment of the fees prescribed
therefor by resolution of the Council for the use of the Borough,
furnish a certified copy of any such paper in his custody, under the
corporate seal of the Borough.
[Ord. #686, § 1-5.5]
The Clerk shall cause the corporate seal of the Borough to be
affixed to instruments and writings when authorized by ordinance or
resolution of the Council or when necessary to exemplify any document
on record in his office or to certify any act or paper which from
the record in his office shall appear to have been a public act of
the Borough or a public document. He shall not affix the said seal
or cause or permit it to be affixed to any other instrument or writing
or other paper unless required by law or ordinance.
[Ord. #686, § 1-5.6]
The Clerk, subject to the supervision of the Manager shall:
a.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except his own bond (which
shall be placed in the custody of the Treasurer); of all insurance
policies upon or with respect to risks insured for the benefit of
the Borough or to protect it against any claim, demand or liability
whatsoever; and all formal contracts for work, labor services, supplies,
equipment and materials to which the Municipality may be a party.
b.
Be the depository for and have custody of all performance bonds running
to the Borough as obligee, or any other form of security given by
any contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
c.
Have custody of all leases of property owned by the Borough.
d.
Report to the Manager annually, at such time as the Manager may require,
on the coverage, expiration date and premium of such surety bond and
contract of insurance; the nature and terms of outstanding leases,
the rent reserved by each, and their respective expiration dates.
[Ord. #686, § 1-5.7]
No rule or general regulation made by any department, officer,
agency or authority of the Municipality, except as relates to the
organization or internal management of the municipal government or
a part thereof, shall take effect until it is filed with the Municipal
Clerk. The Clerk shall maintain a current compilation of all such
rules and regulations, which shall be available for public inspection
in his office during business hours.
[Ord. #686, § 1-5.8]
In addition to such other functions, powers and duties as may
be prescribed by the Charter and ordinances and subject to the supervision
and direction of the Manager, the Clerk shall:
a.
Perform all of the functions required of municipal clerks by the
General Election Law (Title 19 of the Revised Statutes) and any other
law or ordinance.
b.
Administer the provisions of the Borough ordinances with reference
to the licensing of occupations and activities for which licenses
are required by law or ordinance to be obtained from the Clerk.
c.
Issue certificates as to approval of land subdivisions by the Planning
Board or the Council, pursuant to the State Municipal Planning Act
(1953) (N.J. Laws of 1953, Ch. 433, as amended: N.J.S.A. 40:55-1.24)
d.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
Manager.
[Ord. #686, § 1-5.9]
There shall be the office of Deputy Clerk or Clerks, the number
of which shall be determined in accordance with the needs of the community
but which number for the purpose of this subsection shall be indefinite.
The Deputy or Deputies so appointed shall have all of the powers and
shall perform all of the duties of the Municipal Clerk during such
times and for such periods as the Municipal Clerk shall be absent
or otherwise unavailable.
[Ord. #686, § 1-7.1]
There shall be a Municipal Court in the Borough, pursuant to
the provisions of Chapter 262 of the 1947 Laws of New Jersey, as amended
and supplemented, to be known as the "Municipal Court of the Borough
of Keansburg, Monmouth County." The Municipal Court shall have a seal
which shall bear the impress of the name of the Court.
The Court shall be held in the Borough Hall of the Borough of
Keansburg or such other place as the Borough Council shall designate
from time to time, and shall exercise all of the functions, powers,
duties and jurisdictions, conferred upon Municipal Courts by the provision
of Chapter 264, New Jersey Laws of 1948 as amended or supplemented,
or any other law.
[Ord. #686, § 1-7.2; Ord. #1345, § 1]
There shall be a Municipal Judge of the Municipal Court of the
Borough of Keansburg, Monmouth County, N.J., appointed by the Borough
Council, who shall serve for a term of three years from the date of
appointment and until a successor shall be appointed and qualified.
a.
Powers and Duties. The Municipal Judge shall have and possess the
qualifications, and shall have, possess and exercise all of the functions,
duties, powers and jurisdictions, conferred by Chapter 264, New Jersey
Laws of 1948 as amended or supplemented, or by General Law or ordinance.
The Judge shall sit weekly until the calendar is completed or the
Judge adjourns, and at such other times as the business of the Court
may require, subject to the rules applicable to Municipal Courts.
[Ord. #686, § 1-7.3]
There shall be a Clerk of the Municipal Court of the Borough
of Keansburg, Monmouth County, who shall be appointed by the Borough
Manager and who shall perform such functions and duties as shall be
prescribed for him by law, the rules applicable to Municipal Courts,
and by the Municipal Judge. His duties shall include, but not be limited
to:
a.
Carrying out the rules, regulations, policies and procedures relating
to the operation of the Court.
b.
Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to Court matters.
c.
Maintaining the financial records of the Court.
d.
Attending Court, maintaining sound recording devices as required
by the rules of the Supreme Court; arranging trial calendars, signing
Court documents; preparing and issuing warrants and commitments.
e.
Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs.
f.
Interviewing persons on informed police Court matters to determine
if there is a basis for formal action and if necessary the preparation
and issuance of summons and subpoenas requiring Court appearances
in this regard; maintaining and classifying records and files.
[Ord. #686, § 1-7.4]
There shall be a Municipal Prosecutor of the Borough of Keansburg
who shall be an attorney at law of the State of New Jersey and shall
be appointed by Council for a period of one year. The Municipal Prosecutor
shall prosecute on behalf of the State or the Borough of Keansburg
any case to be tried before the Municipal Judge, whenever requested
to do so by the Judge, the Manager, or by the Chief of Police of the
Borough and shall assume any and all duties as may from time to time
be assigned to the office of Municipal Prosecutor by Charter, Administrative
Code, police power or rule or regulation adopted or promulgated by
the Borough Council.
The salary of the Municipal Prosecutor shall be fixed by salary
ordinance.
[Ord. #1228, § 1; Ord. #1363, § 1]
a.
Position Created; Appointment; Term. In accordance with P.L. 1997
c.256, of the Law of New Jersey, there is hereby created the position
of Public Defender for the Borough of Keansburg. This position shall
be filled by resolution of the governing body. The term of office
of the Public Defender shall be one year, commencing January 1 of
the calendar year and concluding December 31 of that same year.
b.
Qualifications. The Public Defender shall be an individual who is
licensed to practice law in the State of New Jersey and shall be paid
on a per case basis when hired to represent indigent defendants as
directed by the Municipal Court Judge.
c.
Application for Service of Public Defender; Fee.
1.
In order to obtain the services of Public Defender, an application
must be filed in Municipal Court, on a form to be provided by the
Borough. The Municipal Court Judge shall make a decision as to whether
a defendant is indigent after reviewing each defendant's application.
This determination shall be based upon whether the defendant has the
financial ability to secure competent legal representation and to
provide all necessary expenses of representation. Need shall be determined
in accordance with 2A:158A-14.
2.
The Municipal Court Judge shall assess an application fee of $0 to
$200 from each defendant who makes an application for the services
of the Public Defender. This fee shall be due regardless of whether
the applicants are found to require the services of Public Defender;
however, the Municipal Court Judge may waive this fee in whole or
in part if the Judge determines that this application fee represents
an unreasonable burden on said defendant. The defendant's inability
to pay the application fee shall in no way affect or reduce the rendering
of services to him/her. In the case of a defendant who is unable or
unwilling to pay the application fee and for whom the fee was not
waived, the fee shall become a lien, and the Borough may authorize
the Municipal Attorney to collect the fee consistent with the provisions
of P.L. 1997 Ch. 256, N.J.S.A. 40:6A-1, N.J.S.A. 2A:15A-19 or in any
manner as permitted by law.
3.
Any funds collected pursuant to paragraph c,2 above shall be deposited
in a dedicated fund to be administered by the Chief Financial Officer,
and those funds shall be used exclusively to meet the costs incurred
in providing the services of the Public Defender or if required, attendant
expert and lay investigation and services.
4.
Salary. The Public Defender shall receive compensation in an amount
not to exceed that sum provided annually in the Salary Ordinance;
which shall be payable in the manner set forth in a contract for professional
services upon such terms and conditions as may lawfully be agreed
upon.
[Ord. #686, § 1-8.1]
There is hereby created a Department of Finance in which there
shall be a Division of Tax Assessments, a Division of Tax Collections,
a Division of the Treasury and a Division of Purchase.
[Ord. #686, § 1-8.2; Ord. #1033, § 1-8.2]
The head of the Department of Finance shall be the Director
of Finance, who shall also serve as the Chief Financial Officer. The
Borough Manager shall serve as Director of Finance without additional
compensation unless another is designated as Director of Finance.
The Director of Finance shall be the Chief Financial Officer of the
Borough; supervise the work of the Department and its divisions; be
responsible for the accounting, preauditing, control, receipt, custody
and disbursement of Borough revenues and expenditures and for all
fiscal matters and financial policies of the Municipality; serve when
necessary and without additional compensation as Acting Borough Tax
Assessor, Acting Borough Tax Collector, Acting Borough Treasurer,
Acting Borough Purchasing Agent.
[Ord. #686, § 1-8.3; Ord. #859; Ord. #1345, § 1]
a.
There is hereby established in the Borough the Office of the Tax
Assessor.
b.
The office shall be physically open between the hours of 9:00 a.m.
and 4:00 p.m. daily and between the hours of 5:00 p.m. and 8:00 p.m.
once a week at the approval of the Borough Manager.
c.
The Tax Assessor shall be appointed as mandated by the provisions
of New Jersey Statutes and shall be compensated as provided in the
salary ordinance. The Tax Assessor shall be responsible for the office
and shall supervise any employees of the office subject to the Municipal
Manager.
[Ord. #686, § 1-8.4; Ord. #1345, § 1]
The head of the Division of Tax Collections in the Department
of Finance shall be the Borough Tax Collector who shall be appointed
by the Manager for a four-year term as per State Statute. The Borough
Tax Collector shall have, perform and discharge all the functions,
powers and duties prescribed for tax collectors by General Law and
municipal ordinance. He shall receive and collect all monies assessed
or raised by taxes or assessment for any purpose or by other Borough
ordinance at the direction of the Manager. He shall keep proper records
and shall report to the Director of Finance at least once a month
all receipts and deposits made by him and shall in such report account
for all monies for which he is responsible.
[Ord. #686, § 1-8.5]
The head of the Division of the Treasury shall be the Borough
Treasurer who shall be appointed by the Manager for a term of one
year from the first day of July of the year of his appointment and
until his successor is appointed and qualified. The Treasurer shall
have, perform and exercise all of the functions, powers and duties
prescribed by General Law and Borough ordinance; he shall keep and
maintain books and records of all financial transactions of the Borough
in accordance with the standards and requirements of the Division
of Local Government in the Department of the Treasury of the State
of New Jersey; he shall have custody of all public monies of the Borough
and shall make monthly reports to the Director of Finance of all receipts,
expenditures, commitments, and unexpected appropriations; and he shall
control all expenditures to assure that budget appropriations are
not exceeded.
The Treasurer shall have custody of all investments and invested
funds of the Borough or in possession of the Borough in a fiduciary
capacity, except as otherwise provided by law, and keep such funds
and all monies of the Borough not required for current operations
safely invested or deposited in interest bearing accounts as may be
recommended by the Manager (and by consent of Council).
[Ord. #686, § 1-8.6]
All monies received from any source by or on behalf of the Borough
or any department, division, board, office or agency, except as otherwise
provided by ordinance, shall be paid to the Treasurer who shall by
the next ensuing bank day after their receipt deposit them to the
credit of the Borough in the authorized depository of the Borough
to the credit of the proper account.
[Ord. #686, § 1-8.7]
Disbursements in payment of bills, claims and demands shall
be made by the Treasurer upon pre-audit and voucher approved by the
Manager. Each voucher shall bear the signatures of the Treasurer certifying
the claim to be within a budgetary appropriation, the Manager approving
the payment. Each voucher to be presented to Council for approval
shall first be available for review by members of Council no later
than the conference meeting prior to the meeting the voucher is to
be approved, except those vouchers determined by Council to be of
an emergency nature.
[Ord. #686, § 1-8.8]
The head of the Division of Purchases in the Department of Finance
shall be the Borough Manager. All purchases of supplies, materials,
equipment and contractual services (except professional services,
contractual services unique in nature and not subject to competition,
and contracts awarded by resolution or motion of Council) shall be
made through and by the Borough Manager who, where possible, shall
combine the requests and purchase the same in bulk quantities. The
Borough Manager shall have, perform and discharge all the functions,
powers and duties prescribed for purchasing agents by General Law
and municipal ordinance.
[Ord. #686, § 1-8.9]
The Borough Assessor, The Borough Tax Collector and the Borough
Treasurer shall receive such compensation as shall be fixed from time
to time by a general salary ordinance.
[Ord. #686, § 1-9.1; Ord. #696]
There is hereby created a Department of Engineering and Public
Works in which there shall be a division of Engineering, a Division
of Streets and Roads, a Division of Street Lighting, a Division of
Buildings and Grounds, a Division of Sanitation, and a Division of
Beach Front Maintenance.
[Ord. #686, § 1-9.2; Ord. #696]
The head of the Department of Engineering and Public Works shall
be the Superintendent of Public Works. Unless and until the Council
shall, by resolution, authorize the appointment of a separate superintendent,
the Borough Manager shall serve as Superintendent of Public Works,
without additional compensation. The Superintendent, subject to the
direction and supervision of the Borough Manager, shall be responsible
for the proper and efficient conduct of all public works functions
of the municipal government and shall supervise and direct the works
of the Public Works Department.
[Ord. #686, § 1-9.3; Ord. #696]
There shall be a Borough Engineer who shall be appointed by
the Manager for a period of one year.
The Borough Engineer shall receive such compensation as may
be agreed upon and determined by the Council. He shall be a duly licensed
civil engineer of the State of New Jersey and shall perform such duties
as are prescribed by General Law and ordinance, and, in addition,
shall:
a.
Prepare or cause to be prepared plans, designs, and specifications
for public works and improvements undertaken by the Borough, either
on force account or by public contract.
b.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
c.
Provide technical and engineering advice and assistance to other
Borough departments as needed.
d.
All papers, documents, memoranda, reports and other materials relating
to the administration of engineering duties of the Borough Engineer
shall be and remain the property of the Borough. Upon the termination
of his service with the Borough, the Borough Engineer shall forthwith
surrender to any successor all such property.
[Ord. #686, § 1-9.4; Ord. #696]
Within the Department of Engineering and Public Works there
shall be a Division of Streets and Roads, in which there shall be
a Road Supervisor. Under the direction and supervision of the Road
Supervisor, who shall be designated as head of the division, the Division
shall:
a.
Maintain and repair all the Borough streets, bridges, culverts and
drains,
b.
Construct and reconstruct streets, roads, bridges, culverts, and
drains, treat road surfaces and resurface streets and roads according
to such standards and schedules as directed or approved by the Borough
Engineer,
c.
Maintain all Borough streets in a clean and safe condition, free
of obstructions and hazards and remove snow and ice therefrom as required.
[Ord. #686, § 1-9.5; Ord. #696]
Within the Department of Engineering and Public Works, there
shall be a Division of Sanitation, in which there shall be a Sanitation
Supervisor. Under the direction and supervision of the Sanitation
Supervisor, who shall be designated as head of the Division of Sanitation
shall:
a.
Provide, operate, and maintain facilities for the collection and
disposal of refuse and garbage at such times and in such a manner
as may be authorized by Borough ordinances.
[Ord. #686, § 1-9.6; Ord. #696]
Within the Department of Engineering and Public Works, there
shall be a Division of Street Lighting, the head of which division
shall be the Superintendent of Public Works. Under the direction and
supervision of the Superintendent of Public Works, the Division shall
study the problems of street traffic congestion, and control and street
lighting, and recommend to the Borough Engineer appropriate plans
for street improvements, and repair and replace when necessary, any
of the street lighting equipment owned and maintained by the Borough
as outlined in the Borough ordinances.
[Ord. #686, § 1-9.7; Ord. #696]
Within the Department of Engineering and Public Works, there
shall be a Division of Buildings and Grounds, the head of which division
shall be the Superintendent of Public Works. Under the direction and
supervision of the Superintendent of Public Works, who shall be designated
as head of the division, the division shall be responsible for the
care and maintenance of any Borough properties now owned by the Borough,
or any properties to be acquired by them at any point in the future.
[Ord. #686, § 1-9.8; Ord. #696]
Within the Department of Engineering and Public Works, there
shall be created a Division of Beach Front Maintenance, the head of
which division shall be the Superintendent of Public Works. The division
shall be responsible for the care and maintenance of the beach front
in the Borough.
[1]
Editor's Note: Former Section 2-10, Department of Police,
previously codified herein and containing portions of Ordinance Nos.
686, 696 and 779 was repealed in its entirety by Ordinance #1283.
[Ord. #686, § 1-11.1; Ord. #696]
There is hereby created a Department of Health and Welfare,
in which there shall be a Division of Health, a Division of Vital
Statistics, and a Division of Welfare.
[Ord. #686, § 1-11.2; Ord. #696]
Within the Division of Health, there shall be a Board of Health,
pursuant to N.J.S.A. 26:3-1, et seq., consisting of seven members
who shall be appointed by the Mayor with the consent and approval
of Council. The term of office shall be for three years.
[Ord. #686, § 1-11.3; Ord. #696]
There shall be a Borough Physician to be appointed by the Borough
Manager who shall be a person duly licensed by the State Board of
Medical Examiners of New Jersey to practice medicine and surgery within
the State and who shall perform all medical services required to be
performed by or on behalf of the Borough, including the Police Department
thereof. The salary of the Borough Physician shall be such reasonable
compensation payable on the basis of services actually performed.
[Ord. #686, § 1-11.4; Ord. #696]
There shall be a Registrar of Vital Statistics within the Department
of Health and Welfare, who shall be appointed by the Manager. The
Registrar of Vital Statistics shall have charge of the administrative
duties involved in obtaining reports of and recording births, marriages
and deaths in the Borough, together with such related work as may
be required in accordance with General Law and ordinances of the Borough.
[1]
Editor's Note: Former subsections 2-11.5, Division of Welfare and 2-11.6, Duties of the Director of Welfare, previously codified herein and containing portions of Ordinance Nos. 686, 696 and 779, were repealed in their entirety by Ordinance No. 1345. See Section 2-20, Department of Public Safety for Division of Police.
[1]
Editor's Note: Former subsections 2-11.5, Division of Welfare and 2-11.6, Duties of the Director of Welfare, previously codified herein and containing portions of Ordinance Nos. 686, 696 and 779, were repealed in their entirety by Ordinance No. 1345. See Section 2-20, Department of Public Safety for Division of Police.
[1]
Editor's Note: Former Section 2-12, Local Assistance Board,
previously codified herein and containing portions of Ordinance Nos.
686 and 779, was repealed in its entirety by Ordinance No. 1345.
[Ord. #686, § 1-13.1]
There shall be a Department of Inspections, consisting of the
Building Subgrade Official, the Borough Zoning Officer and Plumbing
Subcode Official; the Electrical Subcode Official, the Code Enforcement
Officer and the Fire Subcode Official. The appointment of the aforesaid
officials shall be made by the Manager, or as otherwise provided and
subject to law.
[Ord. #686, § 1-13.2]
The department subject to the direction and supervision of the
Manager, shall administer and enforce the respective laws and ordinances
committed and entrusted to the said officials to the within department.
[Ord. #686, § 1-13.3]
A Code Enforcement Officer and a deputy if any, shall be appointed
by the Manager. He shall be charged with the administration and enforcement
of the Building Code, Property Maintenance Code and Zoning Ordinance
of the Borough and shall exercise all powers, functions and duties
prescribed by General Law, administration regulations and ordinance.
[Ord. #686, § 1-13.4]
A Plumbing Subcode Official and a deputy, if any, shall be appointed
by the Manager. He shall be charged with the administration and enforcement
of the State Uniform Construction Code and Heating Code and shall
exercise all powers, functions and duties prescribed by General Law
and ordinance.
[Ord. #686, § 1-13.5]
An Electrical Subcode Official and a deputy, if any shall be
appointed by the Manager. He shall be charged with the administration
of the Electrical Code and shall exercise all powers, functions and
duties prescribed by General Law, administrative regulation and ordinance.
[Ord. #686, § 1-13.7]
As may be designated by ordinance. They shall be charged with
fire prevention and administration and enforcement of Fire Prevention
Code and amendments thereto.
[Ord. #686 § 1-14.1; Ord. #696; Ord. #1468 § 1]
There is hereby created a Department of Recreation, Parks and
Playgrounds ("the Department"), the head of which Department shall
be the Recreational Director.
[Ord. #686, § 1-14.2, Ord. #696]
The Department of Recreation, Parks, and Playgrounds shall:
a.
Administer, operate, and formulate indoor and outdoor sports and
other athletic and recreational programs for children and adults.
b.
Administer and operate facilities, functions and activities related
to Public Recreation.
c.
Use public school property and buildings by agreement with the Board
of Education of the Borough to the extent that such property and buildings
may be adaptable and available for use in recreational programs and
purposes.
[Ord. #686 § 1-14.3; Ord. #696; Ord. No. 1468 § 2]
The Borough Manager shall employ a Recreational Director and
such other employees as may be necessary to carry out the purposes
of the Department subject to the salary ordinance of the Borough.
[Ord. #1222 § 1; Ord. #1306 § 1; Ord.
#1468 §§ 3
6; Ord. #1480]
a.
Membership. The Recreation Advisory Committee shall consist of 10
regular members who shall be residents of the Borough of Keansburg
appointed by the Borough Council.
c.
Vacancy. A vacancy occurring on the Committee otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as the original appointment.
d.
Council Liaison. The Mayor shall designate one of the members of
the Borough Council to serve as liaison between the Recreation Advisory
Committee and the Borough Council.
e.
Organization.
1.
The Committee shall conduct an organizational meeting and shall organize
as set forth herein within 15 days from the date of the final adoption
of this section. (Adopted March 25, 2009)
2.
Thereafter the annual reorganization meeting shall be conducted during
the first meeting of the Committee in August of each year.
3.
The Committee shall elect a Chairperson whose duty shall be to fix
meeting dates, conduct the meeting, appoint subcommittees and arrange
the activities and functions of the Committees so that they may be
accomplished in an orderly and productive manner.
4.
The Committee shall elect a Vice Chairperson whose duties are to
assist the Chairperson in the completion of this duties.
5.
The Vice Chairperson shall conduct Committee meetings in the absence
of the Chairperson.
6.
The Committee shall elect a Committee Secretary of the Recreation
Committee. The Secretary shall record the minutes of all meetings
and shall receive and transmit all correspondence of the Committee.
The Secretary shall be responsible in checking for Committee mail
received at Borough Hall.
(a)
The Secretary of the Recreation Committee shall be responsible
to keep an attendance record for Committee Members. This record shall
include both meetings and events. This record shall be given to the
Borough Council at the end of each Committee term, in the month of
July of each year.
(b)
The Secretary of the Recreation Committee will create the Committee's
Regular Schedule of Meetings and forward a copy to the Borough Council,
as well as place one copy on the Municipal Bulletin Board in Borough
Hall.
7.
The Committee shall elect a Field Scheduling Secretary of the Recreation
Committee. The Field Scheduling Secretary shall receive and record
all requests for the use of Borough recreation facilities and transmit
all request correspondence to the Committee. The Field Scheduling
Secretary shall be responsible in keeping the Use of Premises calendar
received at Borough Hall, as well as make arrangements for any special
needs for recreational events held by the Recreation Committee.
f.
Removal of Members.
1.
The Borough Council shall have the discretion, upon recommendation
from the Recreation Advisory Committee to remove any member appointed
to the Committee who is not fulfilling their duties.
2.
The Borough Council shall have the discretion to remove any Committee
member who has not been excused from three consecutive, regularly
scheduled Committee meetings.
[Ord. #1222 § 1; Ord. #1468 § 7; Ord.
#1480]
The duties of the Recreation Advisory Committee shall be as
follows:
a.
To recommend to the Borough Council, programs, improvements and activities
which will benefit the Borough's recreational programs and recreation
facilities.
b.
To bring matters of importance and concern regarding recreation to
the attention of the Borough Manager and the Borough Council.
c.
To provide a resource for members of the community, community groups
and recreation organizations to discuss areas of concern with respect
to recreational programs and facilities.
d.
To recommend for adoption by the Borough Manager suitable written
rules and regulations for the use of parks, playgrounds and recreational
facilities and the conduct of all persons while on or using same.
e.
When a Recreation Director is employed by the Borough, the Recreation
Committee shall assist and collaborate with the Recreation Director
in the Director's duties and responsibilities.
f.
To perform such other functions as may be requested by the Borough
Manager or Borough Council.
[Ord. #1222 § 1; Ord. #1345 § 1; Ord.
#1480]
a.
The Committee shall submit a budget request to the Borough Manager
by May 1st of each year for the next fiscal year starting on July
1st. The Borough Council may in each fiscal budget appropriate such
sum as it may in its discretion determine necessary to accomplish
the function set forth herein and to implement those recommendations
which the Council determines feasible and appropriate.
[Ord. #1222 § 1; Ord. #1480]
The Committee shall keep records of its meetings and activities
and shall make an annual report on or before June 1st of each year
and submit the report to the Borough Council, which report shall be
comprehensive in detail concerning the operations and activities of
the Committee during the preceding year.
a.
This report shall list all activities, events, functions or contributions
made with Borough funds through the Recreation Committee during the
preceding fiscal year. It is recommended that this report also include
planned/anticipated events in the coming fiscal year.
b.
This report shall also list the actual budget for the preceding year.
This report shall also list the proposed budget for the coming fiscal
year.
c.
This report shall be the responsibility of the Recreation Chairman
or the Chairman's designee.
[Ord. #686 § 1-14.6; Ord. #696; Ord. #1468 § 8;
Ord. #1480]
The Department with the approval of the Borough Manager may
adopt reasonable rules, regulations and by-laws for the conduct of
all persons while on or using such public or private property devoted
to or being utilized for Borough recreation purposes by the Department
of Recreation. The rules and regulations shall be posted on the property
being utilized.
[Ord. #1480]
The Borough Council and the Borough Manager reserve the right
of jurisdiction in all matters of the Recreation Department and Borough-owned
property.
[Ord. #686, § 1-15.1; New]
There shall be a Planning Board for the Borough of Keansburg
as provided by Statutes.
[1]
Editor's Note: Former Section 2-16, Board of Adjustment, previously
codified herein and containing portions of Ordinance No. 686, was
repealed in its entirety by Ordinance No. 1258.
[Ord. #686, § 1-20.1; Ord. #787]
Members of any Board or Agency shall be expected to attend all
meetings of their Board or Agency.
[Ord. #686, § 1-20.2; Ord. #787]
Any members of any Board or Agency absenting himself from three
consecutive public meetings of such Board without the prior permission
of the chairman of such body will be subject to removal by the Municipal
Council.
[Ord. #686, § 1-20.3; Ord. #787]
Any member of any Board or Agency absenting himself from more
than 25% of the meetings during any fiscal year without the prior
permission of the Chairman of such body will be subject to removal
by the Municipal Council.
[Ord. #1283, § 1; Ord. #1359, § 1]
There shall be a Department of Public Safety, which shall consist
of two divisions, the Division of Police and the Division of Fire.
The head of the Department of Public Safety shall be the Director
of Public Safety. The Director of Public Safety shall be the appropriate
authority as described and as set forth in N.J.S.A. 40A:14-118.
[Ord. #1283, § 1; Ord. #1502 § 1]
The Director of Public safety, as the appropriate authority
under N.J.S.A. 40A:14-118, shall have all of the powers and duties
as set forth in said statute including but not limited to: adopting
and promulgating rules and regulations for the government of the police
force and for the discipline of its members including the Chief of
Police and adopting and promulgating the policies applicable to the
police force.
[Ord. #1283 § 1; Ord. #1473; Ord. #1502 § 2;
amended 5-16-2018 by Ord. No. 1610]
The Police Division of the Borough of Keansburg is hereby established
and shall consist of a Chief of Police, one Deputy Chief of Police,
two Captains of Police, five Lieutenants of Police, four Sergeants
of Police and as many regular and special policemen as the Borough
Manager may deem necessary. All members of the Police Department shall
be appointed, promoted and removed by the Borough Manager in accordance
with state statutes. They shall, upon appointment, be assigned daily
duties by the Chief of Police. The Borough Manager may also require
that an applicant for appointment to the Police Division shall successfully
complete a physical, mental and psychological examination.
[Ord. #1283, § 1]
The Director of Public Safety shall report to the Council.
[Ord. #1283, § 1]
For the purpose of administration and efficiency, the Police
Division shall be divided into those bureaus as set forth below and
shall have the functions and duties as set forth hereinafter.
a.
Traffic and Patrols Bureau. This Bureau shall be responsible for
preserving the peace and order of the Borough, protecting life and
property, providing for the safe movement of people and vehicles,
investigating crime, apprehending violators of the law and inhibiting
criminal activity.
b.
Juvenile Aid and Detective Bureau. This Bureau shall be responsible
for investigating crime, apprehending violators of law, inhibiting
criminal activity and processing and investigating violations of law
committed by juveniles.
c.
Police Services Bureau. This Bureau shall be responsible for the
Department's record keeping, communications, information dissemination
and warrant control functions. This Division shall also be responsible
for providing in-service, supervisory and specialized training for
all members of the Department, together with preparation of budget
information, crime prevention programs and equipment inventories.
d.
Bureau of School Crossing Guards. This Bureau shall be responsible
for providing safe traffic control and pedestrian crossings for the
Borough's schools.
[Ord. #1283, § 1]
The Chief of Police shall serve as head of the Police Division.
The Chief of Police shall determine the internal control over each
bureau including the supervision over each bureau, all of which shall
be headed by a superior officer of the rank of sergeant or greater.
One superior officer may, at the discretion of the Chief, head more
than one bureau.
[Ord. #1283, § 1]
The Director of Public Safety shall establish, from time to
time, such policies, rules and regulations as the Director deems necessary
for the government and efficient working of the Police Division. The
policies, rules and regulations shall be posted in the room in the
Municipal Building assigned to the Police Division and a copy thereof
delivered to each member of the Division.
[Ord. #1283, § 1]
a.
Each application shall comply with all the laws of the State of New
Jersey pertaining thereto. No persons shall be given or accept a permanent
appointment as a police officer in the Borough unless such person
has first been given a probationary or temporary appointment to such
office for a period of one year and has successfully completed a police
training course at a school approved and authorized by the Police
Training Commission in the Department of Law and Public Safety of
the State of New Jersey, pursuant to the provisions of Chapter 56
of the Laws of 1959, N.J.S.A. 39:3-3.33 et seq.
b.
No person shall be appointed to the Police Division as a regular
or probationary member unless, at the time of making application,
he shall not be less than 18 or over 35 years of age, except as provided
by law in the case of veterans. The applicant shall be a citizen of
the United States of America.
c.
Each member of the Police Division shall, before entering upon the
performance of his duties, take and subscribe to an oath to bear true
faith and allegiance to the government established in this State,
to support the constitution of the United States of America and the
State of New Jersey and to faithfully, impartially and justly discharge
and perform all the duties of his office, which oath or affirmation
shall be filed with the Clerk.
[Ord. #1283, § 1]
a.
The internal control and discipline of the Police Division and of
its members shall be vested in the Chief of Police, and he shall have
the power to enforce all the policies, rules and regulations herein
provided and any general and special orders or instructions which
he may, from time to time, promulgate. He shall enforce the policies,
rules and regulations, orders or instructions and may punish their
violation by reprimand. Should the Chief deem the violation to be
of a sufficiently flagrant nature, he shall report the same to the
Director of Public Safety with his recommendations with reference
to the filing of charges.
b.
The Chief of Police, with the assistance of other members of the
Division detained for such purposes, shall keep a complete record
as may be prescribed in the rules and regulations, and the Chief shall
report, in writing, to the Director of Public Safety at least once
a month in such form as prescribed by the Director on the operation
of the force and shall make such other reports as may be requested
by the Director of Public Safety. The Chief of Police may make recommendations
as, in his opinion, will increase the efficiency of the Division to
the Director of Public Safety.
c.
The Chief of Police, may recommend to the Director of Public Safety,
from time to time, the purchase of new equipment or the repair or
rearrangement of such old equipment as will increase the efficiency
of the Division. He shall have full charge and control of all the
apparatus and equipment of the Division and its assignment and use
and shall be held responsible for its care, cleanliness and safekeeping.
d.
In the temporary absence or disability of the Chief of Police, the
Deputy Police Chief shall act in his place.
e.
The Chief of Police shall be the head of the police force. He shall
be directly responsible to the Director of Public Safety, who is the
appropriate authority in the Borough of Keansburg under N.J.S.A. 40A:14-118,
for the efficiency and routine day-to-day operations of the police
force. The Chief of Police shall also, pursuant to the policies established
by the Director of Public Safety:
1.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
2.
Have, exercise, and discharge the functions, powers and duties of
the force.
3.
Prescribe the duties and assignments of all subordinates and other
personnel.
4.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision.
[Ord. #1283, § 1]
The Police Division, through its Chief shall:
a.
Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the Borough, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages and preserve order at all
elections and public meetings and assemblages.
b.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons, to protect the safety
and facilitate the convenience of motorists and pedestrians and to
make and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the Borough for such purposes.
c.
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any State or municipal license or permit and report thereon
to the appropriate department.
d.
Provide proper police attendance and protection of fires.
e.
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
f.
Operate a training program to maintain and improve the police efficiency
of the members of the Division.
[Ord. #1283, § 1]
The hours of employment of all sworn members of the Division
of Police of the Borough shall not exceed the contractual agreement
with the bargaining units and the Borough, except that in the case
of emergency, the Chief of Police shall have full authority to summon
and keep on duty any and all such members during the period of emergency.
Former subsection 2-20.12, Police Review Committee, previously
codified herein and containing portions of Ordinance No. 1283, was
deleted in its entirety by Ordinance No. 1502.
[Ord. #1283, § 1]
Nothing in this section shall prevent the Director of Public
Safety or any executive or administrative officer charged with general
administrative responsibilities within the municipality from examining
at any time the operations of the police force or the performance
of any officer or member thereof.
[Ord. #1291, §§ 1
7; Ord. #1336, § 1; Ord. #1457; Ord. #1546]
a.
All requests for extra duty assignments for police traffic safety
and/or security at construction sites, special events and other locations
within the Borough of Keansburg shall be made in writing to the Chief
of Police and Borough Manager at least two regular business days before
the first day such police protection commences. In cases of unforeseen
emergencies, written requests shall be made as soon as practicable.
All requests shall include a written traffic safety plan for review
by the Chief of Police.
b.
All assignments by the Chief of Police of police personnel to such
extra duty shall not violate the terms of any applicable collective
bargaining agreement.
c.
The person or entity requesting such police protection shall deposit
with the Borough Clerk cash, certified check or bank check in the
amount of $450 for each day for each officer such services are requested.
All payments shall be made payable to the "Borough of Keansburg."
d.
No police personnel will be provided unless the amounts set forth in Section 3 are prepaid and the traffic safety plan is submitted to the Chief of Police, two regular business days in advance of the commencement of such activity.
e.
These funds will be placed into an Extra Duty Police Escrow Fund
which shall be established in the annual budget as a dedicated by
rider trust fund. As soon as the police protection is provided, the
funds may be withdrawn from the escrow to reimburse the Borough to
insure the timely payment of the wages of the police officers as well
as the costs of administering of the extra duty program including
but not limited to the Borough's share of social security payments,
administrative costs of maintaining time sheets, payroll processing,
billing vendors and increased insurance costs.
f.
For those persons or entities which require continuous service of
a week or longer, a minimum balance of the average weekly cost and
fees shall be maintained in an escrow account. For those persons or
entities which require continuous or frequent service, a deposit of
$500 shall be maintained in the escrow account for emergencies. Failure
to maintain this minimum balance shall result in the termination of
services until the escrow balance is replenished to the minimum balance.
g.
The rates for such service shall be as follows:
$60 per hour for wages
$2.50 per hour for administrative costs.
For the Keansburg Board of Education, no fee is due for administrative
costs.
[Ord. #940, AI, § 1; Ord. #768, § 1;
Ord. #1247; Ord. #1305, § 1; Ord. #1518; amended 3-21-2018 by Ord. No. 1606; 2-20-2019 by Ord. No. 1633]
This section provides for the recognition of the three companies:
Keansburg Fire Company #1, New Point Comfort Fire Company #1 and the
Emergency Medical Services Unit, which shall consist of one Chief
and one Assistant Chief and as many firemen of the age of 18 years
and not more than 45 years of age at the time of their election to
active membership who are citizens and residents of the Borough. Prospective
members shall have resided within the Borough of Keansburg for a minimum
of 30 days. The number of persons holding active membership shall
be governed by the rules as set forth by the New Jersey State Firemen's
Association. In addition there will be an Emergency Medical Services
Unit, the members shall be firemen as noted above. This amendment
will provide for a one time waiver of age, medical requirements for
any EMT or driver currently serving with the Keansburg Fire Aid Squad.
These members shall be a part of the Department. Additionally, membership
may be granted to individuals who reside within a five-mile radius
of the borders of the Borough of Keansburg.
[Ord. #940, AI, § 2]
The Chief and Assistant Chief and three members from each company
shall constitute a Board of Fire Commissioners, who shall meet monthly
or more frequently for the transaction of all business of the department.
The Board of Fire Commissioners shall have entire and absolute control
over the management of the Fire Department.
[Ord. #940, AI, § 3]
The Board of Fire Commissioners are hereby authorized, empowered
and required to adopt a code of by-laws and rules for the control,
management and government of the department and for the regulating
of the proceedings and business of the Board.
[Ord. #940, AII, § 1; Ord. #1247]
The Chief and Assistant Chief shall be elected by their respective
fire companies and approved by the Board of Fire Commissioners and
the Borough Council for a term of one year.
It shall be the duty of the members of the Emergency Medical
Unit to respond to calls for fire, first aid or any other emergency
medical service as determined by the Chief Officer.
[Ord. #940, AII, § 2]
No member of the department shall be eligible for the election
of Chief or Assistant Chief who has not been an active member of the
department for at least seven years at 60%, having performed at least
five years service in preceding offices.
[Ord. #940, AII, § 3]
No member of the department shall be eligible for the election
of Fire Commissioner until he has served seven years, attaining a
60% fire percentage during those years, as an active member.
[Ord. #940, AII, § 4]
The Board of Fire Commissioners are hereby authorized, empowered
and required to inspect at least twice annually, all buildings and
premises where accumulations of combustible materials or other hazardous
conditions are liable to exist, and to order such changes and removals
as in their opinion are necessary to safety from fire. For purposes
of inspection, they are hereby empowered to enter any and all buildings
and premises at any reasonable hour.
[Ord. #940, AII, § 5]
The Board of Fire Commissioners are required to devise forms
or methods of keeping records and shall see that records are kept
of all alarms of fires, drills, hose, apparatus, minor equipment,
conditions of hydrants and starting of motors.
[Ord. #940, AIII, § 1]
Each company of the department shall and may choose from their
own number a Captain, three Lieutenants, a Chief Engineer and an Assistant
Engineer, who are qualified drivers, in such manner and at such time
as the Board of Fire Commissioners may, in its rules and by-laws for
the government of the department provide and prescribe. It shall be
the duty of the company, when a fire breaks out, to proceed immediately
upon the sounding of alarm to their respective firehouses and convey
their apparatus to the location of the fire, unless otherwise directed
by the Chief or other officer who is in charge and upon such direction
they shall return their apparatus, washed and cleaned, to their several
places of deposit.
[Ord. #940, AIV, § 1]
In all cases of fire, the Chief, or in his absence the officer
in charge, shall have full power and absolute control and command
and cause the several pieces of apparatus to be worked in the most
advantageous manner.
[Ord. #940, AIV, § 2]
Should the Chief, the Assistant Chief, the Captain, Lieutenants
and Engineers be absent from a fire, an Ex-Chief shall assume the
duties of the Chief until the arrival of his superior officer.
[Ord. #940, AIV, § 3]
The Chief, his Assistant, officers or person in command, at
any fire, are hereby clothed with full and complete police authority,
and are hereby authorized to require and secure the removal of any
and all obstructions from in front of and around fire hydrants, and
for the purpose are hereby authorized to call upon the head of any
of the municipal departments for aid and assistance in securing such
removal of obstruction.
[Ord. #940, AIV, § 4]
It shall be the duty of the Chief Engineer to have the motors
of all automobile apparatus turned and operated for five minutes at
least once each day and that a permanent record is kept of such operations
at the company's quarters. This rule shall be strictly adhered to
at all times.
[Ord. #940, AIV, § 5]
It shall be the duty of the Captain to see that all hose is
subjected annually to a test of 250 pounds hydrostatic pressure.
[Ord. #940, AIV, § 6]
It shall be the duty of the Company Officer in charge of his
company at a fire or drill to report to the Chief, or Assistant Chief,
all fire hydrants found frozen, out or order, leaky or set in such
manner as to make it difficult to connect thereto.
[Ord. #940, AIV, § 7]
It shall be the duty of the Chief to make a permanent record
of all reports of defective, inoperative or improperly set fire hydrants
and he shall submit to the Board of Fire Commissioners the hydrants
name or maker, with a specification of the troubles. This report is
to be submitted monthly.
[Ord. #940, AIV, § 8; Ord. #1247]
It shall be the duty of the Captain of each company to keep
a permanent record of the fire or first aid and drill service of each
member of his company. A copy of this record shall be submitted to
the Board of Fire Commissioners at the close of each year and available
monthly to the Board.
[Ord. #940, AIV, § 9]
No member of any company shall drive the automobile apparatus
except the regularly appointed drivers, and in the absence of any
regular driver, a Company Officer is authorized to drive or may delegate
a non-appointed driver to drive until the arrival of a regularly appointed
driver, at which time the apparatus must be turned over to him by
the officer.
[Ord. #940, AV, §§ 1, 2]
a.
It shall be the duty of the Secretary of each company in the department
to make a report monthly to the Board of Fire Commissioners in accordance
with the rules and regulations as may be established by the Board.
b.
If the Secretary of any company neglects or refuses to make such
report, the Board of Fire Commissioners shall immediately prefer charges
against such delinquent Secretary, in accordance with the rules and
regulations of the Board of Fire Commissioners.
[Ord. #940, AVI, §§ 1, 2]
a.
Officers. Any Captain or Lieutenant, or the member having charge
of any Fire Company file on fire duty, who shall refuse or voluntarily
neglect to obey or execute any orders from the officer in charge of
any fire, shall for such offense be subject to suspension or expulsion
from the Department by the Board of Fire Commissioners in such manner
and upon such hearing or trial as may be prescribed or provided by
the by-laws and rules of the Board of Fire Commissioners.
b.
Members. Any officer or member of the department or any company or
companies of the department who shall refuse or voluntarily neglect
to obey or execute any orders from the officer in charge of any fire
or who shall violate or willingly neglect or refuse to be controlled,
governed or managed by any of the rules and by-laws of the Board of
Fire Commissioners, that may be adopted as herein provided, shall
be subject to suspension or expulsion from the department by the Board
of Fire Commissioners in such manner and upon such hearing or trial
as may be prescribed or provided by the by-laws and rules of the Board
of Fire Commissioners.
[Ord. #940, AVI, § 3]
It shall also be the duty of the Secretary of each company,
and the Secretary of the Board of Fire Commissioners, to make reports
of charges, elections, dismissals, and of other causes to the Secretary
of Keansburg Firemen's Relief Association; and to the Municipal Clerk,
Borough of Keansburg.
[Ord. #1427]
a.
FIREWORKS ASSIGNMENTS
Definitions.
Are those assignments, for which the services of the Keansburg
Fire Department or its members have been requested or recommended,
to engage in services for private persons or entities.
b.
Approval of Assignment.
1.
Any and all fireworks assignments by the Fire Departments or its
members shall be determined and approved by the Chief or his designee.
2.
No Fire Department or its members shall perform fireworks assignments
for private or non-law enforcement entities for compensation other
than through the procedure and authority in this subsection.
3.
The Chief or designee shall obtain such information as he/she determines
necessary and is authorized to approve such fireworks assignments.
4.
The Chief or designee may deny the assignment or use of the Fire
Department equipment as in his sole discretion and determination of
being the best interest of the Borough and/or the Fire Department
or its members or the public safety.
5.
The Chief or designee shall be guided by the nature of the assignment
and may refuse to approve those with conflict of interest and/or significant
risk of injury.
6.
This subsection does not apply to assignments or work performed for
or at the direction of the Governing Body, Borough Administrator,
Emergency Medical Services, Emergency Management Office or Police
enforcement agencies.
c.
Status of Assignment.
1.
The work to be performed shall be considered "special assignments
for independent contractors" and will not be considered a direct assignment.
The taking of any and all fireworks assignments shall be on a voluntary
basis in accordance with a fair and reasonable system established
and administered by the Chief or designee.
2.
Firemen engaged in fireworks assignments shall be deemed on-duty
for all purposes, including but not limited to worker's compensation,
public liability and third party claims for damages, and the members
performing such duties shall conform to department rules, regulations
and procedures and directives of superior officers. All fireworks
assignments shall be contracted for in writing by the completion of
a contract form, which contract shall be kept on record.
3.
The fee charged for each fireworks assignments shall be $250 and
shall be payable to the Borough of Keansburg.
4.
Said fee shall then be credited towards the Fire Department budget.
In addition to the fee charged, an additional $20 per hour shall be
added and paid to the Borough as a surcharge to reimburse the Borough
for administrative costs incurred in support of fireworks assignments.
The Borough Manager or Fire Chief may waive the administrative fee
for assignments for municipalities or governmental agencies when appropriate
in his discretion for regional events or mutual aid type situations.
d.
Mutual Aid. If at any time during these events, should the need arise
for mutual aid, the Officer in Charge or designee, shall approve said
needs.
(Approved by the electorate of the Borough of Keansburg on November
6, 2007.)
[Ord. #1449]
A Length of Service Award Program (LOSAP) is herewith created
in the Borough of Keansburg in accordance with Chapter 388 of the
Laws of 1997 (N.J.S.A. 40A:14-183, et seq.) and N.J.A.C. 5:30-14.1,
et seq., to reward members of the Keansburg Volunteer Fire Department
and the Keansburg Volunteer Fire Department E.M.S., all of whom are
volunteer emergency service organization members, for their loyal,
diligent and devoted services to the residents of the Borough of Keansburg.
[Ord. #1449]
As used herein, the following terms shall have the meanings
indicated:
Shall mean a person who has been so designated by the Governing
Body of a duly created emergency service organization and who is faithfully
and actually performing volunteer service in that organization.
Shall mean the Keansburg Volunteer Fire Department and/or
the Keansburg Volunteer Fire Department E.M.S.
Shall mean a system established to provide tax-deferred income
benefits to active volunteer members of an emergency service organization.
Shall mean a twelve-month period during which an active volunteer
member participates in fire and/or emergency medical services and
satisfies the minimum requirements of participation established by
the Borough on a consistent and uniform basis.
[Ord. #1449]
The Borough's LOSAP shall provide for the funding of fixed annual
contributions by the Borough of Keansburg to a deferred-income account
for each active volunteer member that meets the criteria set forth
below. Such contributions shall be made in accordance with a LOSAP
Plan to be established by the Borough in accordance with the requirements
of P.L. 1997, c. 388 (N.J.S.A. 40A:14-183, et seq.) and N.J.A.C. 5:30-14.1,
et seq. The said Plan shall be administered in accordance with the
laws of the State of New Jersey, the United States Internal Revenue
Code, and this Chapter. The following provisions shall apply to the
Plan:
a.
Annual Contributions. The annual contribution to be made by the Borough
of Keansburg for each active volunteer member shall be $1,150 per
year of active emergency service, commencing with the year 2009. There
shall be no contributions made for prior years service.
b.
Appropriations. Appropriations for the purpose of funding the Borough's
LOSAP Plan shall be included as a separate line item in the Borough's
budget commencing with the year 2009.
c.
Periodic Increases. Notwithstanding the provisions of paragraph a above, the annual contribution to be made by the Borough for each active volunteer member shall be subject to periodic increases based upon the "consumer price index factor" pursuant to subsection f of section 3 of P.L. 1997, c. 388 (N.J.S.A. 40A:14-185).
d.
Estimated Cost. The estimated cost of the program to the Borough
has been calculated to be approximately $30,000 per year. (This amount
may vary annually, however, based upon the total number of eligible
active volunteer members in the program).
e.
Criteria for Eligibility; Contributions; Points.
1.
Any active volunteer member shall be eligible to participate in the
LOSAP Plan immediately upon commencement of the member's performance
of active voluntary services in the emergency service organization.
2.
Annual contributions pursuant to this Chapter shall only be made
by the Borough, however, for those active volunteer members who have
earned the minimum number of points for performing certain volunteer
services on a yearly basis pursuant to the requirements set forth
in Appendix "A" attached hereto. (Appendix A may be found at the end
of this section.)
3.
Members
who were admitted as nonresidents of the Borough of Keansburg are
not eligible for participation in this program.
[Added 3-21-2018 by Ord. No. 1606; amended 2-20-2019 by Ord. No. 1633]
f.
Determination as to Eligibility. Each emergency service organization
shall provide to the Plan Administrator of the LOSAP Plan a certified
list as to the active volunteer members who are initially eligible
to participate in the Plan and those who are eligible to participate
as of each January 1 thereafter. The Plan Administrator shall forward
said certified list to the Borough Council for approval, in accordance
with the provisions of N.J.A.C. 5:30-14.10. The decision of the Borough
Council as to such active member's eligibility shall be binding upon
the Plan Administrator, participants, beneficiaries, and any and all
other persons having an interest hereunder, subject to appropriate
judicial review.
g.
Terms of Participation. The Plan Administrator shall have the right
to require any active volunteer member at the time of his or her becoming
a participant to agree, in writing, to be bound by the terms, covenants
and conditions of the LOSAP and accompanying trust. Each participant
shall furnish to the Plan Administrator all pertinent information
required for the administration of the LOSAP. The Plan Administrator
shall rely upon all such information furnished.
h.
Vesting. The active volunteer member shall not be permitted to receive
a distribution of the funds in his or her LOSAP Account until the
completion of a five-year vesting period.
i.
Termination of Service.
1.
Any participant who terminates service as an active volunteer member
shall cease to participate hereunder. A former participant may resume
participation immediately upon returning to the service of the emergency
service organization as an active volunteer member.
2.
Any active volunteer member who terminates service with the emergency
service organization, subsequently returns to service and again becomes
a participant shall be treated as a new participant for purposes of
eligibility unless said participant was fully vested prior to his
or her termination from service.
[Ord. No. 2016-1585]
There is hereby established an Emergency Medical Service (EMS)
Cadet Program operating under the auspices of Keansburg Emergency
Medical Service.
[Ord. No. 2016-1585]
All persons shall be eligible for membership provided that they
are currently attending high school or a high school graduate. Members
must maintain passing grades and proof of same must be made available
upon request.
Written permission is required by the parent or legal guardian
of the prospective cadet prior to admission to the program. Said permission
must be notarized and subject to validation. Cadets must be residents
of the Borough of Keansburg.
[Ord. No. 2016-1585]
The Borough shall provide members of the Cadet Program, upon
the recommendation of the Keansburg Board of Fire Commissioners, the
same insurance coverage as provided for regular volunteer EMS and
firefighters of the Borough of Keansburg.
[Ord. No. 2016-1585]
[Ord. No. 2016-1585]
The Keansburg EMS along with the Cadet Advisory Committee shall
establish rules and regulations for training and performance of duties
by all cadets. All rules and regulations are subject to approval by
the Keansburg Board of Fire Commissioners.
[Ord. No. 2016-1585]
The Keansburg Emergency Medical Services and or the Board of
Fire Commissioners retain the right at all times to terminate the
membership of any cadet for good cause. Good cause shall include,
but no be limited to, the following:
