[Englewood Cliffs is governed by the borough form of government
outlined in Chapters 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. 40:55D-28
et seq., Zoning Board of Adjustment, R.S. 40: 55D-69 et seq; Shade
Tree Commission, R.S. 40:64-1 et seq.; and Environmental Commission,
R.S. 40:56A-1 et seq. General authority to regulate the internal affairs
of the Borough, R.S. 40:48-2.]
This chapter shall be known and may be cited as the Administrative
Code of the Borough of Englewood Cliffs and is herein referred to
as the code.
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 advise
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
appointment to fill vacancies on the Council shall be until January
1 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 be 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 ordinances
and resolutions of the preceding year are compiled or codified.
The Council shall meet for organization on the first day of
January, or during the first seven days of 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 as provided by law. 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.
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 become 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.
Pursuant to Chapter 264 of the Laws of 1948 and the amendments
thereof and supplements thereto, there is created in the Borough a
municipal court with all the rights, duties, powers and privileges
thereto pertaining and conferred by statute.
The court shall be known as "Municipal Court of the Borough
of Englewood Cliffs."
The court shall be presided over by a judge, who shall be known
as the municipal judge. The municipal judge shall be appointed by
the Mayor with the advice and consent of the Council. The municipal
judge shall serve for a term of three years from the date of his appointment
and until his successor is appointed and qualified.
The salary of the municipal judge shall be determined by the
annual salary ordinance.
A municipal court Clerk shall be appointed by the Mayor upon
the consent and advice of the Council. The Clerk shall serve for a
term of one year.
A municipal violations Clerk shall be appointed by the Council,
upon the recommendation of the municipal court judge. The violations
Clerk shall serve for a three-year term. Any vacancy in this office
shall be filled for the unexpired term only.
[Ord. No. 2. § 1; Ord. No. 2014-03]
There shall be a local Board of Health of the Borough of Englewood
Cliffs which shall consist of seven members who shall be residents
of the Borough and legal voters within the Borough.
The members of the board shall be nominated by the Mayor, and
appointed by him with the advice and consent of the Council.
The term of office of the members of the board shall be four
years.
If any vacancy occurs in the membership of the board, such vacancy
shall be filled to the unexpired term only by nomination and appointment,
as hereinbefore provided.
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, public places, parks
and parkways of the Borough except county parks and parkways, shall
be exercised by and be under the authority of a commission which shall
be known as the "Shade Tree Commission of the Borough of Englewood
Cliffs."
The Englewood Cliffs Shade Tree Commission shall be composed
of five members, as appointed by the Mayor. Each shall be a resident
of Englewood Cliffs, and preferably retired residents, in order to
afford the members time to fulfill numerous property examinations
required by the position. Terms shall be staggered for one, two, three,
four and five years. After five years of service on the commission,
a member may be appointed for an additional five-year term.
All appointments except to fill vacancies shall be made to take
effect on January 1 of each year for the full term of five years.
Any vacancies occurring by reason of death shall be filled for the
unexpired term only.
The shade tree commission shall organize annually within 30
days of January 1 by the election of one of its members as president
and the appointment of a secretary who need not be a member of the
commission. The compensation to be paid to any secretary and any and
all other employees shall be fixed by the commission.
The shade tree commission shall have the following powers:
a.
Exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any public street, highway, public
place, park or parkway, except county parks or parkways of the Borough,
including the planting, trimming, spraying, care and protection thereof;
b.
Regulate and control the use of the ground surrounding the same so
far as may be necessary for their proper growth, care and protection;
c.
Move or require the removal of any tree, or part thereof dangerous
to public safety, at the expense of the owner of such tree;
d.
Care for and control such parks and parkways; encourage arboriculture;
make, alter, amend and repeal in the manner provided for the passage,
alteration, amendment and repeal of ordinance by the Mayor and Council,
any and all Borough ordinances necessary or proper for carrying out
the provisions hereof.
Except as hereinafter provided the initial cost of all trees
planted by the commission, the cost of planting the same, the cost
of the posts and boxes or guards used for the protection thereof,
and the cost of the removal of any tree dangerous to public safety
shall be a charge upon the real estate in front of which such tree
or trees shall be planted or removed as an improvement thereof. Such
cost unless paid directly to the commission shall be certified by
it to the collector of taxes of the Borough, shall thereupon become
and be a lien upon said real estate, shall be included in the next
tax bill rendered to the owner or owners thereof, and be collected
in the same manner as other taxes against that property.
The provisions of this section shall not apply to:
In every case where the property of an abutting owner will be
chargeable with the cost of the planting of any shade tree or trees
the commission shall give notice of the meeting at which it is proposed
to consider the planting by publishing the notice at least once, not
less than 20 days before the meeting, in a newspaper circulating in
the Borough, or by personal service of a copy of the notice upon the
abutting owner at least 10 days before the meeting. The notice shall
specify the street, or portions thereof, on which such planting is
proposed and require all persons who may object thereto to present
their objections in writing at the office of the commission at or
before the meeting. Before final action shall be taken all objections
so filed shall be considered. The commission shall give reasonable
notice of its intention to remove, or cause the removal of, a tree,
or part of a tree, dangerous to public safety unless public safety
requires immediate removal, in which case no notice shall be necessary.
The Borough of Englewood Cliffs Environmental Commission is
hereby established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A.
40:56A-1 to 40:56A-5).
The commission shall consist of seven members appointed by the
Mayor, one of whom shall also be a member of the planning board and
all of whom shall be residents of the Borough. The members shall serve
without compensation except as hereinafter provided. The Mayor shall
designate one of the members to serve as chairman and presiding officer
of the commission.
The members shall be appointed for terms of three years and
until the appointment and qualifications of their successors.
The Mayor or Council may remove any member of the commission
for cause, on written charges served upon the member and after a hearing
thereon at which the member shall be entitled to be heard in person
or by counsel.
A vacancy on the commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
The commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Borough. The commission shall have power
to conduct research into the use and possible use of the open land
areas of the Borough and may coordinate the activities of unofficial
bodies organized for similar purposes, and may advertise, prepare,
print and distribute books, maps, charts, plans and pamphlets which
in its judgment it deems necessary for its purposes. It shall keep
an index of all open areas, publicly or privately owned, including
open marshlands, swamps and other wetlands, in order to obtain information
on the proper use of such areas and may recommend to the planning
board, plans and programs for inclusion in the master plan and the
development and use of such areas.
The environmental commission may, subject to the approval of
the Council acquire property, both real and personal, in the name
of the Borough by gift, purchase, grant, bequest, devise or lease
for any of its purposes and shall administer the same for such purposes
subject to the terms of the conveyance or gift. Such an acquisition
may be to acquire the fee or any lesser interest, development right,
easement (including conservation easement), covenant or other contractual
right (including a conveyance on conditions or with limitations or
reversions), as may be necessary to acquire, maintain, improve, protect,
limit the future use or otherwise conserve properly utilize open spaces
and other land and water areas in the Borough.
The environmental commission shall keep records of its meetings
and activities and make an annual report to the Council.
The commission may appoint such Clerks and other employees as
it may require, providing the same shall be within the limits of funds
appropriated to it by the Council.
There are hereby created the following offices and/or positions
in the Borough of Englewood Cliffs:
It shall be the duty of the Borough Clerk to maintain an office
in the Borough Hall, keep therein all records of the municipality,
attend regular meetings of the Mayor and Council, report any and all
correspondence to the elected officials and other administrative bodies
of the municipality and in general to perform any and all acts required
by ordinances of the Borough, the Revised Statutes of New Jersey,
or other Federal or State law. The Borough Clerk shall be appointed
by the Mayor with the advice and consent of the Council. The Borough
Clerk shall serve initially for a term of one year and thereafter
as provided by the Revised Statutes of New Jersey.
It shall be the duty of the judge to hold municipal court in
the Borough Hall or other specified place at regular intervals as
required by the administrative director of the Superior Court of New
Jersey. The judge shall sit and hear all violations of Borough ordinances,
motor vehicle violations and any other violations which he is permitted
to hear by virtue of the Revised Statutes of New Jersey. The term
of office of the judge shall be set at the time of appointment by
the Mayor with the advice and consent of the Council both as to term
and person to occupy the office.
It shall be the duty of the Clerk of the municipal court to
comply with all provisions of Revised Rules of the Superior Court
of New Jersey and any and all other duties imposed by the administrative
director of the Superior Court. The Clerk shall aid the judge in the
pursuit of municipal court business. The term of office of the municipal
Clerk shall be one year and the appointment shall be made by the Mayor
with the advice and consent of the Council.
It shall be the duty of the Borough Attorney to advise the Mayor
and Council on any and all legal matters involving the welfare of
the Borough at large as well as its citizens and to provide any legal
advice requested, and prepare any and all legal documents required
for the conduct of the Borough's business. The Borough Attorney shall
be appointed by the Mayor for a term of one year with the advice and
consent of the Council.
There is hereby created the position of Borough Prosecutor.
It shall be the duty of the prosecutor to prosecute any and all cases
before the municipal court of the Borough whether they be violations
of Borough ordinances, violations of the motor vehicle and traffic
act of the State of New Jersey or any other offenses which are permitted
to be tried before the municipal court by the Revised Statutes of
New Jersey and the Revised Rules of the Superior Court of New Jersey.
The Borough Prosecutor shall serve a term of one year and the
position shall be filled by appointment by the Mayor with the advice
and consent of the Council, the appointment to be made on January
1 of each year or as soon thereafter as the Borough Council shall
hold a reorganization meeting.
The Prosecutor appointed under this section shall receive an
annual retainer as stated in the annual salary ordinance.
It shall be the duty of the assistant tax collector to aid the
tax collector in the performance of any and all duties imposed upon
the tax collector by ordinance of the Borough or statute of the State
of New Jersey. The assistant tax collector shall be appointed by the
Mayor for a term of one year with the advice and consent of the Council.
It shall be the duty of the Borough Auditor to audit the books
and accounts of the Borough and supply such advice as is necessary
for the proper conduct of the Borough's business. The Borough Auditor
shall be appointed for a term of one year by the Mayor with the advice
and consent of the Council.
The position of Borough Engineer may be filled by an individual,
partnership, firm or corporation. It shall be the duty of the Borough
Engineer to provide all necessary engineering data pertaining to any
and all Borough improvements whether presently installed or to be
installed in the future; further the Borough Engineer shall serve
in an advisory capacity to the respective administrative boards of
the Borough whenever engineering advice is necessary, and the Borough
Engineer shall prepare all plans, maps and related data. The Borough
Engineer shall be appointed by the Mayor for one year with the advice
and consent of the Council.
It shall be the duty of the building custodian to maintain the
Borough Hall and its surrounding grounds in a neat, clean, orderly
and safe condition, and to perform such minor repairs as are necessary
and as may be ordered by the chairman of the committee on buildings
and grounds. The building custodian shall serve for a term of one
year and shall be appointed by the Mayor with the advice and consent
of the Council.
It shall be the duty of the assistant building custodian to
aid and assist the building custodian in the performance of the functions
herebefore set forth. The assistant shall be appointed for the same
term and in the same manner as set forth under the building custodian.
It shall be the duty of the operator of the pump stations to
maintain the buildings and premises and pumping machinery in a good
and workable fashion and to do all necessary cleaning and repairing
thereof and to perform all duties as directed by the chairman of the
sanitation committee. The operator of the pump stations shall serve
for a term of one year and shall be appointed by the Mayor with the
advice and consent of the Council.
[Ord. #87R, S1m; Ord. #9213, S I; Ord. #2009-15; Ord. No. 2015-11]
The position of Superintendent of Public Works shall be on a
full time basis and it shall be the duty of the Superintendent to
supervise and control the operations of the Department of Public Works
and the Road Maintenance Department, at the direction of, and with
the advice of the Mayor and Council. The Superintendent shall perform
any and all functions referred to him by the Mayor and Council. The
Superintendent of the Department of Public Works shall be certified
and have all other qualifications and legal requirements as set forth
in N.J.S.A. 40A:9-154(a) et seq.
The Superintendent of Department of Public Works who has served
continuously in that position for five years or more, shall not be
removed there from for political or other reasons except for good
cause, upon written charges filed with the municipal Clerk and after
a public, fair and impartial hearing.
The Superintendent may be retired when he or she has obtained
the age of 65.
[Ord. #87R, § 1n]
There are hereby created the position of first and second assistant
road and truck maintenance men. These positions shall be filled on
a full time basis and it shall be the duty of the holders of these
positions to assist and carry out all directions of the director of
road maintenance and to perform all necessary and reasonable repairs
to any Borough-owned equipment. The assistants shall serve for a period
of one year and shall be appointed by the Mayor with the advice and
consent of the Council.
[Ord. #87R, S1o; Ord. #2010-03; reserved by Ord. #2010-09]
[1]
Editor's Note: Former Subsection 2-10.14, Local Assistance
Board previously codified herein was repealed in its entirety by Ordinance
No. 2010-09.
[Ord. #87R, S1p; Ord. No. 2016-01]
[Ord. #87R, § 1q]
It shall be the duty of the administrative assistant to assist
the Borough Clerk and the heads of the various administrative boards
in the Borough and perform any and all functions so ordered by the
Borough Council; further the administrative assistant shall serve
in a full time capacity and be present at the office of the Borough
Clerk at hours to be specified by resolution of the Mayor and Council.
The administrative assistant shall be appointed for a term of five
years by the Mayor with the advice and consent of the Council.
[Ord. No. 87R § 1d]
It shall be the duty of the Building Subcode Official to perform
all functions set forth and required of him in the building code of
the Borough and further to perform any and all functions outlined
in any of the Borough as well as any duties prescribed by the Revised
Statutes of New Jersey. The Building Subcode Official shall serve
for a period as prescribed by law and shall be appointed by the Mayor
with the advice and consent of the Council.
[Ord. No. 87R § 1e]
The board of assessors shall consist of three members and they
shall perform all duties prescribed for them under R.S. 40:87-17 through
R.S. 40:87-20. The assessors shall be appointed by the Mayor with
the advice and consent of the Council and shall serve for the periods
of time set forth in the Revised Statutes of New Jersey.
The following salaried positions are established for all salaried,
appointed and elected officers and employees within the Borough. The
salaries shall be determined by the annual salary ordinance.
a.
Mayor.
b.
Council persons.
c.
Borough Clerk.
d.
Administrative secretary.
e.
Tax collector.
f.
Assistant tax collector.
g.
Tax search officer.
h.
Tax office Clerk.
i.
Tax assessor.
j.
Borough Attorney.
k.
Secretary to planning board.
l.
Secretary to board of adjustment.
m.
Secretary to shade tree commission.
n.
Secretary to board of health.
o.
Municipal court judge.
p.
Deputy court Clerk.
q.
Court Clerk.
r.
Violations Clerk.
s.
Plumbing Subcode Official.
t.
Fire Prevention Official.
u.
Superintendent of Department of Public Works.
v.
Department of Public Works Employees.
w.
Prosecutor.
x.
Public defender.
y.
Construction Code Official.
z.
Construction Subcode Official.
aa.
Secretary to Construction Official.
bb.
Board of Health Inspector.
cc.
Fire Subcode Official.
dd.
Administrator of Public Assistance.
ee.
Police officers.
ff.
Recycling Coordinator.
gg.
Recreation Director.
hh.
Assistant Recreation Director.
ii.
Youth Coordinator.
jj.
Police secretary.
kk.
Director of Civilian Defense.
ll.
School crossing guards.
In any instance where a term of office is not specifically set
forth within the terms of this section or shall any such term of office
be inconsistent with any provisions of the Revised Statutes creating
such office, the latter shall govern and in general the Revised Statutes
shall govern any term not specifically covered.
Nothing herein shall require that any position named herein
be filled or any one appointed thereto unless required by statute.
The office of zoning code enforcement official of the Borough
of Englewood Cliffs be and he hereby is established and designated
as the official charged with enforcement of the provisions of Chapter
291, Public Law 1975, and the zoning ordinance and regulations of
the Borough.
a.
All persons applying for representation by the municipal public defender
or court approved counsel shall pay an application fee of not more
than $200, but only on an amount necessary to pay the costs of municipal
public defender services. In accordance with guidelines promulgated
by the Supreme Court, the municipal court may waive any required 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 on the person seeking representation.
The municipal court may permit a person to pay the applicable fee
over a specific period of time not to exceed four months.
b.
Funds collected pursuant to Subsection a of this section shall be deposited in a dedicated fund administered by the chief financial officer of the municipality or in the case of a joint municipal court in a manner agreed to by the constituent municipalities. Such fund shall be used exclusively to meet the costs incurred in providing the services of a municipal public defender including when required, expert and lay investigation and testimony.
c.
The municipal court may waive any application fee, all or in part,
if it is deemed within the municipal budget.
d.
If it is determined by the Division of Local Government Services
during its annual review of a municipal budget that the amount of
money in a dedicated fund established pursuant to this section exceeds
by more than 25%, the amount which the municipality expended during
the prior year providing the services of a municipal public defender,
the amount in excess of the amount expended shall be forwarded to
the Criminal Disposition and Review Collection Fund administered by
Victims of Crime Compensation Board.
This section shall be known and may be cited as the joint purchasing
agreement of the Borough of Englewood Cliffs.
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor
be and he is hereby authorized to enter into a joint purchasing agreement
with the lead agency or any other contracting unit within the County
of Bergen or adjoining counties for the purchase of work, materials,
and supplies.
The lead agency entering into contracts on behalf of the Borough
of Englewood Cliffs shall be responsible for complying with the provisions
of the Local Public Contract's Law (N.J.S.A. 40A:11-1, et seq.) and
all other provisions of the revised statutes of the State of New Jersey.
Nothing herein contained shall prevent the Borough of Englewood
Cliffs from awarding contracts of purchase, with or without advertising,
individually and on its own behalf, and without regard to any agreement
to be executed by and between the lead agency and the Borough of Englewood
Cliffs.
The Borough has constructed, erected and now maintains recreational
facilities throughout the Borough for the benefit of the residents
of the Borough and certain of these recreational facilities entail
costs for maintenance thereof and for personnel to supervise and conduct
recreational programs and facilities.
It is the desire of the Mayor and Borough Council to authorize
the Councilman acting as head of the recreation committee to set reasonable
fees in recoupment of all or part of the costs for the use thereof
and to promulgate rules and regulations governing the use of such
recreational facilities. The Councilman designated by the Mayor and
Council to be in charge of the recreation committee of the Borough
is hereby authorized to set reasonable fees for the use of any and
all recreational facilities of the Borough, and further, to promulgate
rules and regulations governing the use of any and all recreational
facilities of the Borough and to take such steps as are necessary
to inform the public of the fee schedule and the rules and regulations
so promulgated.
[1]
Editor's Note: Ord. No. 2017-12 which created the position
of Public Safety Director was repealed by Ord. No. 2018-08.
[Ord. No. 2018-10; amended 4-15-2020 by Ord. No. 20-01]
a.
Table of Organization: There is hereby created in and for the Borough
of Englewood Cliffs a Police Department, which shall consist of up
to one Chief of Police, up to two Captains, up to seven Lieutenants,
up to five Sergeants and up to 13 patrol persons, for a total of up
to 28 sworn officers.
b.
Vacancies: Vacancies in the Police Department may be filled at the
discretion of the Mayor and Council.
The police department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Englewood Cliffs;
direct and control traffic; provide attendance and protection during
emergencies; provide appearances in court; cooperate with all other
law enforcement agencies; and provide training for the efficiency
of its members and officers. (N.J.S.A. 40A:14-152)
The Mayor and Council of the Borough of Englewood Cliffs shall
be designated as the appropriate authority as provided in the New
Jersey Statutes. The appropriate authority shall be responsible for
the overall performance of the police department. The appropriate
authority shall adopt and promulgate rules and regulations for the
government of the police department and for the discipline of its
members.
The Mayor and Council shall have the exclusive right to preside
and adjudicate all matters in regard to any hearings held pursuant
to N.J.S.A. 40A:14-148. (N.J.S.A. 40A:14-118)
The chief of police shall be the head of the police department
and shall be directly responsible to the appropriate authority for
its efficiency and day-to-day operations. Pursuant to policies established
by the appropriate authority, the chief of police shall:
a.
Administer and enforce the rules and regulations of the police department
and any special emergency directive for the disposition and discipline
of the department and its members and officers;
b.
Have, exercise and discharge the functions, powers and duties of
the police department;
c.
Prescribe the duties and assignments of all members and officers;
d.
Delegate such authority as may be deemed necessary for the efficient
operation of the police department to be exercised under the chief's
direction and control; and
e.
Report at least monthly to the appropriate authority in such form
as shall be prescribed on the operation of the police department during
the preceding month and make such other reports as may be requested
by the appropriate authority. (N.J.S.A. 40A:14-118)
f.
In the event that there is a vacancy in regard to the position of
chief of police or the chief of police is disabled and unable to act,
then in that event the Mayor and Council may appoint an acting chief
of police until such time as the vacancy is filled or the chief of
police is able to resume his duties. The person appointed as acting
chief must at least hold the rank of lieutenant in order to be able
to be appointed acting chief of police. Disability shall be defined
as being unable to perform his usual duties as chief for a period
of 21 consecutive work days or more.
[Ord. No. 2018-07 adopted
Promotional Procedures for Position of Chief of Police which were
subsequently repealed by Ord. No. 2018-17]
[1]
Editor's Note: Provisions regarding the Deputy Police Chief
were adopted and amended by Ord. Nos. 9003 and 2016-17 and subsequently
repealed by Ord. Nos. 2018-10 and 20-01.
[Ord. #55, S7; Ord. #7509; New; Ord. #2006-17]
Hours of duties and tours of patrol and rules and regulations
shall be fixed by the chief of police whose duty it shall be to advise
the members of the force.
[Ord. #55, S8; New; Ord. #2006-17]
a.
Appointments. All persons appointed to the police department shall
be recommended by the police committee to the Mayor and Council for
final action and appointment. The police committee shall evaluate
the candidates for appointment and may call upon the chief of police
or acting chief of police for his guidance and advice and may, pursuant
to same, charge him with the duty of having an appropriate examination
given to the candidates to determine their qualifications.
b.
Promotions. The police committee shall recommend to the Mayor and
Council for final action and appointment all persons to be promoted
in rank. They shall have the right to solicit the advice and suggestions
of the chief of police in regard to persons to be considered for promotion,
but they shall not be limited to persons whom the chief of police
suggests. The police committee and the Mayor and Council shall evaluate
the candidates and make a determination as to whom they wish to appoint.
In regard to making such determinations, they shall give due consideration
to the member or members suggested for promotion in regard to length
and merit of the candidate's service and qualifications and preference
shall be given according to seniority and service, if appropriate,
pursuant to the laws of the State of New Jersey and specifically N.J.S.A.
40A:14-129. In the event that the Mayor and Council do not wish to
promote the candidate recommended by the police committee, it shall
have the right to appoint a person of their choice provided that they
adhere to the prerequisites provided for in N.J.S.A. 40A:14-129 and
any other applicable statutes.
[Ord. #55, S9; New; Ord. #2004-19; Ord. #2007-01, N.J.S.A.
40A:14-122 and N.J.S.A. 40A: 14-127]
No person shall be appointed to the police department who is
not qualified as provided in the New Jersey Statutes. The appropriate
authority may also require that an applicant for appointment to the
police department shall successfully complete a physical, mental and
psychological examination.
[Ord. No. 2016-11 § 1]
POLICY: The selection process is generally acknowledged as a
key event in the operational effectiveness of a law enforcement agency.
This policy sets forth the basic principles that are necessary
to identify individuals who best possess the skills, knowledge and
abilities necessary for an effective, respected law enforcement agency.
The selection process begins when an application is accepted by the
department and ends when the newly appointed officer successfully
completes the probationary period. This policy applies to all members
of the Englewood Cliffs Police Department.
[1]
Editor's Note: The Appendices A, B and C referred to herein
may be found in the Borough Offices.
[Ord. No. 2016-11 § 2;
amended 7-10-2019 by Ord. No. 2019-08; 4-15-2020 by Ord. No. 20-03]
a.
Phase One.
1.
When a vacancy exists, the Chief of Police shall forward a request
to the Borough Council through the Borough Administrator to advertise
in the local newspaper(s).
(a)
The advertisement shall be posted in the local newspaper(s)
for a duration to be determined by the Borough Council and will include
the filing deadline for applications.
(b)
In the alternative the Chief of Police may choose to utilize
an outside contractor (such as PoliceApp) that handles the registration,
advertisement, fee collection and other items to the extent that such
outside or contractor is authorized, certain items contained in the
First Phase (found in this subsection) shall be handled by the outside
contractor and need not be handled in accordance with Subsection A2.
2.
First Phase Preliminary Applications shall be given out and collected
at police headquarters by the desk officer on duty. The Mayor and
Council, with the input of the Chief of Police, shall determine the
information contained on this form (See Appendix A[1]). Applications must be picked up in person by the applicant
at police headquarters and returned in person by the applicant to
police headquarters. If an applicant is unable to pick up and/or return
the application in person at police headquarters for any reason, the
applicant may contact the Chief of Police and request that alternative
arrangements be made. The Chief of Police will consider such requests
on a case-by-case basis.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
3.
When an applicant is given an application, the time, date and location
of the written test will be attached.
4.
When the desk officer gives an applicant an application, the dispatcher
shall complete the information on the Applicant List Form, including
the application number, date taken and name of applicant.
5.
When the application is returned, the desk officer on duty shall:
(a)
Enter the date and time the application was returned next to
the applicant's name and also enter a check in the designated area
to indicate that a money order or certified check was received with
the application.
(b)
Collect the application and attach the money order or certified
check that is made payable to the Borough of Englewood Cliffs.
(1)
The fee charged to cover the cost of the examination will be
$125.
(c)
Give the applicant a numbered test booklet from the New Jersey
State Association of Chiefs of Police and record the booklet number
next to the applicant's name on the application and on the Applicant
List Form.
(d)
The desk officer shall provide the application, with the money
order or certified check attached, to the Borough Administrator with
a copy in the Chief's mailbox.
6.
When the applications are received by the Borough Administrator,
he or she shall check to ensure that the appropriate fee has been
rendered and attached to the application and provide copies to the
Police Committee.
(a)
All original applications are to be forwarded to the Borough
Administrator.
(b)
The Borough Administrator shall forward the checks or money
orders to the appropriate Borough financial representative.
(c)
The Borough Administrator shall forward the prepared purchase
order for the cost of the applicant testing to the New Jersey State
Association of Chiefs of Police.
7.
The Borough Administrator or designee shall arrange for the testing
locations for the written, physical and oral testing phases.
(a)
The Borough Administrator or designee will be responsible for
making all the proper notifications to the applicants.
8.
Eligibility.
(a)
Must be a citizen of the United States.
(b)
Education/military.
(c)
Must be of good moral character.
(d)
Must be at least 21 but not more than 35 years of age as of
the date of the appointment, except as provided by law in the case
of veterans.
(e)
Must not have been convicted of a crime.
(f)
Must possess a valid New Jersey driver's license. Applicant
must not have had license suspended or revoked within a five-year
period immediately preceding the date of application.
(g)
Must be able to pass a medical and physical examination.
(h)
Must be able to pass a psychological examination.
(i)
Must take and pass a drug test.
(j)
Must complete a background check including fingerprint submissions
for records check.
(k)
Must be able to read, write and speak the English language well
and intelligently.
b.
Phase Two - Written Examination.
1.
Each applicant (meeting the minimum standards described above) shall
undergo a written examination for the position of police patrolman
as administered by the New Jersey Association of Chiefs of Police.
(a)
The top 30 candidates from the written examination shall advance
to the Physical Assessment.
2.
The applicant must be present at the testing location on the date
and time specified. If the applicant does not report to the testing
location as specified, he/she shall be ineligible for further consideration
for the current vacancy.
3.
Written test scores shall be submitted directly to the Chief of Police
by a representative of the New Jersey State Association of Chiefs
of Police. The Chief shall provide a copy of the test scores to the
Police Committee through the Administrator.
4.
All applicants that take the written examination will be notified
in writing of his/her written test score.
5.
The test scores will remain on file and may be used by the Borough
for hiring purposes for a period of three years from the date on which
the test scores were compiled by the New Jersey State Association
of Chiefs of Police.
6.
If an applicant has taken the New Jersey State Association of Chiefs
of Police examination for another agency, he/she may request a waiver
to apply his/her test score to the current testing list and be exempt
from taking the test again. The request for such waiver must be made
in writing and shall be submitted to the Chief of Police and the Borough
Administrator for the test waiver approval. His/her test score must
be current.
(a)
For the purpose of this section, current shall mean that the
applicant had taken the written test within one year prior to the
posted test date for the position of patrol officer with the Borough
of Englewood Cliffs.
c.
Physical Agility Testing.
1.
Following completion of the written examination, the top 30 candidates
must submit to preliminary physical agility testing to ensure they
meet the minimum standards for consideration as a Borough Patrol Officer.
d.
Successful Candidate(s).
1.
A candidate or candidates will be chosen after the written examination
and physical assessment by the Police Committee.
2.
A cumulative average comprised of the written examination scores
and physical assessment scores shall be used to determine the top
20 candidates. At this point, the top 20 candidates shall be entitled
for a preliminary round of interviews to be conducted by a committee
formed by the Chief of Police and including the Borough Administrator.
3.
Following the first interview, the top 10 candidates will be notified
in writing and will be given a "Conditional Offer of Employment" (See
Appendix C[2]) before proceeding to the next step in the selection process,
Phase Three, Background Investigation. Special Note: ADA and NJLAD
requirement, must be "conditional offer of employment."
[2]
Editor's Note: Appendix C is on file in the Borough offices.
e.
Medical Examination. Following the issuance of a conditional offer
of employment, successful candidates will move on to the medical examination.
1.
The Englewood Cliffs Police Department shall pay for a candidate
to be examined.
(a)
The Police Committee shall designate the physician and arrange
for the appointment.
2.
The physician shall be provided with the department medical examination
form and instructed to complete the appropriate sections.
3.
The completed medical form is to be picked up from the physician
by the officer assigned and reviewed by the Police Committee.
4.
Any other medical problem, other than traces of CDS in the candidate's
system, are to be thoroughly reviewed and a determination made as
to the candidate's fitness for police work in accordance with the
requirements of the ADA. A candidate may be disqualified at this level
with just cause.
5.
All medical records are to be treated as confidential with access
limited in accordance with the ADA requirements; the medical records
should be kept in a separate file.
f.
Phase Three - Background Investigation.
1.
When the candidate(s) has successfully passed Phases One and Two
of this policy and therefore has received a conditional offer of employment,
a background investigation is to be initiated.
(a)
If a candidate is disqualified at this phase, the next eligible
candidate on the list will be provided a conditional offer of employment
and moved up to position number 10 on the list. A total of 10 candidates
will move to the next phase (oral interview #2) of the selection process.
(b)
Any candidate that fails to progress to the next phase of the
selection process will be notified in writing. The cause of the ineligibility
to proceed to the next phase will be disclosed.
2.
The background investigation will be conducted by an officer designated
for such duties by the Chief of Police (the Police Committee shall
be notified of the officer upon whom this responsibility falls) on
all candidates for all positions within the Englewood Cliffs Police
Department prior to appointment and will include, at a minimum, the
following:
(a)
A review of the candidate's application to confirm/verify meeting
eligibility requirements for the position applied for;
(b)
A check of the applicant's driving history, if driving is a
requirement of the position;
(c)
A fingerprint check for criminal record;
(d)
Candidates for sworn positions shall be checked against the
New Jersey Central Drug and Domestic Violence Registries;
(1)
All candidates for police officer shall be subject to a criminal
history check prior to the selection phase paying particular attention
to acts of domestic violence, sexual assault, stalking, elder abuse,
or child abuse, including a check of the Domestic Violence Registry
to determine the existence of any active restraining orders and to
determine if there is a history of domestic violence.
(2)
Police officer candidates shall be interviewed about any history
of acts of domestic violence, sexual assault, stalking, elder abuse,
or child abuse and past or present restraining orders and their disposition.
(3)
Those police officer candidates with a history of perpetrating
acts of domestic violence, sexual assault, stalking, elder abuse,
or child abuse shall be identified and declared ineligible for employment
as police officers.
(e)
Verification of at least three personal references.
g.
Phase Four - Oral Interviews.
1.
The Police Committee, Chief of Police and designees, and other council
members as designated by the Police Committee may administer the second
oral interview phase.
2.
The top 10 candidates who have not been disqualified from the background
investigation shall be selected to move on to this phase.
3.
If a candidate is not selected from the first group of 10 applicants
during the oral interview, the next group of five applicants will
move to the oral interview phase.
4.
The Police Committee, through the Borough Administrator or designee,
shall notify each candidate that has qualified to report for an oral
interview.
5.
A candidate may be disqualified at this level with just cause by
the Oral Interview Panel.
6.
Within 10 days of the oral interview, the candidate must undergo
a drug evaluation and provide blood and urine for testing which must
be conducted by a state police approved laboratory.
h.
Psychological Evaluation and Drug Testing. Candidates successfully
completing Phase One through Phase Four will move on to the psychological
evaluation.
1.
The Englewood Cliffs Police Department shall pay for a candidate
to be evaluated.
(a)
The Police Committee shall designate the forensic psychologist
and arrange for the appointment.
3.
The psychological evaluation is designed to provide the department
with dimensional information about a candidate that will assist in
the selection process.
4.
The Police Committee and Chief of Police shall review the psychological
evaluation report. A candidate may be disqualified at this level with
just cause.
5.
Blood and urine analysis is to be conducted of any applicant at this
time. If a candidate testing reveals any trace of a controlled dangerous
substance in their system, without a valid prescription for same,
they shall be disqualified from the selection process.
[Ord. No. 2016-11 § 3]
a.
Eligibility - Police Records Clerk/Secretary.
1.
Citizen of the United States.
2.
High school graduate or General Equivalency Degree (GED).
3.
At the time of appointment, must be a resident of New Jersey and
possess a valid New Jersey driver's license.
4.
At least 18 years of age.
5.
Must be able to pass a psychological exam.
6.
Must be able to pass a medical exam.
7.
Must be able to pass an oral interview.
8.
Must not have been convicted of any offense involving dishonesty
or any indictable crime listed in Title 2C of the New Jersey Criminal
Code.
9.
Must take and pass a drug test.
10.
Must pass a complete background check including fingerprint
submission for a records check.
11.
Must be of good moral character.
b.
Eligibility - School Crossing Guard/Police Matron.
1.
Citizen of the United States.
2.
Minimum of high school diploma or GED.
3.
At the time of appointment, must be a resident of New Jersey and
possess a valid New Jersey driver's license.
4.
At least 18 years of age.
5.
Must be able to pass a psychological exam.
6.
Must be able to pass a medical exam.
7.
Must be able to pass an oral interview.
8.
Must not have been convicted of any offense involving dishonesty
or any indictable crime listed in Title 2C of the New Jersey Criminal
Code.
9.
Must pass a complete background check including fingerprint submission
for a records check.
10.
Must be of good moral character.
c.
Eligibility - Police Dispatcher (Telecommunication).
1.
Citizen of the United States.
2.
High school graduate or General Equivalency Degree (GED).
3.
At the time of appointment, must be a 9-1-1 Telecommunicator and
Emergency Medical Dispatch certified (APCO) or equivalent that meets
New Jersey state criteria.
4.
At least 18 years of age.
5.
Must be able to pass a psychological exam.
6.
Must be able to pass a medical exam.
7.
Must be able to pass an oral interview.
8.
Must not have been convicted of any offense involving dishonesty
or any indictable crime listed in Title 2C of the New Jersey Criminal
Code.
9.
Must take and pass a drug test.
10.
Must pass a complete background check including fingerprint
submission for a records check.
11.
Must be of good moral character.
**EMTs and New Jersey Class II Special Officers preferred but
not mandatory.
d.
Selection Process.
1.
The position and requirements are advertised in a county-wide newspaper
(i.e. Bergen Record) and posted on the Borough website.
2.
Applicants will be required to complete a job application.
3.
Prospective candidates will be selected and interviewed by the Chief
of Police. The number of applicants selected will vary depending on
the number of positions to be filled.
4.
Selected candidate(s) will be recommended to the Mayor and Council
for appointment.
[Ord. No. 2017-01]
The following non-refundable fees are hereby established and
due and payable to the Borough of Englewood Cliffs at the time of
services rendered:
a.
The fee of $125 shall be incurred and due and payable to the Borough
by each individual applicant who receives an application for employment
with the Police Department as a Police Officer.
[Ord. #55, S11; Ord. #117R; New]
Before entering upon the duties of his office and within 10
days after his appointment, each member of the police department shall
take and subscribe an oath of affirmation to support the Constitution
of the United States and the Constitution of New Jersey, and to faithfully,
impartially and justly perform all the duties of his office and shall
file such oath of affirmation with the Clerk. Upon failure to take
such oath, the office shall be deemed vacant.
[Ord. #55, S12; New]
No person shall be given or accept a permanent appointment as
a police officer in the Borough unless such person has first been
given a probationary 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.
Any member of the department shall be subject to reprimand,
loss of pay, suspension from duty, reduction in rank or dismissal
or removal from the department according to the nature and aggravation
of his offense in the manner provided by law for any of the following:
a.
Intoxication whether on duty or off and whether in uniform or not.
b.
Drinking any intoxicating liquor while on duty or in uniform.
c.
Willful disobedience of orders.
d.
Using indecent, profane, harsh or uncivil language to any persons
while on duty.
e.
Disrespect to a superior officer.
f.
Unnecessary violence to a prisoner or any other person.
g.
Sleeping while on duty.
h.
Absent from duty without leave.
i.
Leaving his beat or assignment without good reason.
j.
Immorality, indecency or lewdness.
k.
Violation of any criminal law or penal ordinance.
l.
For conduct conductive of lack of good order and/or discipline of
the police department.
m.
For conduct unbecoming an officer and gentleman.
n.
For refusing to do police duty of any kind whenever necessity requires
whether on patrol or elsewhere and whether in uniform or not.
o.
Not properly patrolling post.
p.
No officer or employee of the police department shall be or become
a member of any fraternity, association, organization, corporation
or combination of persons or associations or corporation that has
among its or their purposes antagonism or opposition to any person
because of religion, race or color.
q.
Neglecting or refusing to pay just debts.
r.
Publicly and unfavorably commenting on the official action of a superior
officer.
s.
Revealing to any person not a member of the force any proposed police
action or movements or provisions of any official order.
t.
Making any false statement in application to the force.
u.
Incompetency, lack of energy, or incapacity, either mental or physical.
v.
Neglect of duty.
w.
Each member on reporting for duty must be neat and clean in his personal
clothing. If in uniform he shall be in conformity to the regulations
hereinafter set forth: the uniform shall be clean, well pressed, worn
neatly and buttoned.
x.
Members are forbidden to receive or accept a reward or present of
any kind directly or indirectly, for any act in the performance of
his duty without permission being first had and obtained of the chief
of police.
y.
No member shall be permitted to solicit for any attorney to become
surety for anyone charged with the commission of a crime or to release
a person from custody after arrest except as provided by law.
z.
Members are required to report to the chief of police or, in his
absence, to the officer in charge, any change in residence at least
12 hours before it takes place.
aa.
Members of the force shall promptly turn over to the chief of police
or officer in charge all lost, stolen or recovered property or evidence
whatsoever coming into his possession, taking receipt for the same.
bb.
Members of the force, while on duty at trials in court on police
cases, shall wear the full regulation uniform unless excused by the
chief of police. Plainclothes officers appearing in court in police
cases shall wear their badge on the left breast of their outermost
garment.
Pursuant to N.J.S.A. 40A:14-118 and N.J.S.A. 14-147, all hearings
in regard to disciplinary matters instituted pursuant to these statutes,
must be determined by the appropriate authority.
It is hereby defined that the appropriate authority is the Mayor
and Council.
The appropriate authority may, in its discretion, appoint a
hearing official to provide all disciplinary actions needed pursuant
to either statute.
In those instances where the appropriate authority has appointed
a hearing officer, the hearing officer shall preside over all hearings
in accordance with the laws.
At the conclusion of the proceeding, the hearing officer shall
make recommendations to the Mayor and Council who shall have the final
authority to determine the charges.
No member or officer of the police department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the police department's rules and regulations. (N.J.S.A. 40A:14-147)
Each and every member of the police department shall devote
his whole time and attention to the business of the department. The
Mayor and Council, upon application of any member for permission to
do so, may authorize such member of the police department to engage
in outside or additional employment which does not conflict or interfere
with his proper performance of his duties as a policeman. Although
certain hours are allotted to the respective members for the performance
of duty on ordinary occasions, at all times they shall be prepared
to act immediately on notice that their services are required.
a.
Definitions as used herein:
1.
POLICE OFFICER – Shall mean any regular police officer of the
Borough of Englewood Cliffs.
2.
EMPLOYER – Shall mean any individual, partnership, corporation,
business entity or other organization, other than the Borough of Englewood
Cliffs, which employs a police officer to perform the services of
a security guard, traffic control officer or plainclothes surveillance
officer.
3.
OFF-DUTY – Shall mean all periods of time when a police officer
is not scheduled for a tour of duty by the Englewood Cliffs Police
Department.
4.
SECURITY GUARD – Shall mean a position of employment involving
the wearing of an Englewood Cliffs Police Uniform or the carrying
of a firearm or other dangerous weapon as defined by N.J.S.A. 2A:151-41.
5.
TRAFFIC CONTROL OFFICER – Shall mean a position of employment
involving the wearing of an Englewood Cliffs Police Uniform while
directing traffic within the Borough of Englewood Cliffs.
6.
PLAINCLOTHES SURVEILLANCE OFFICER – Shall mean a position of
employment involving the wearing or carrying of an Englewood Cliffs
Police Badge or the carrying of a firearm or other dangerous weapon
as defined by N.J.S.A. 2A:151-41.
7.
WORKMEN'S COMPENSATION INSURANCE – Shall mean all forms of
insurance, including self-insurance, required under N.J.S.A. 43:15-1
et seq.
8.
WHILE IN THE EMPLOY OF THE EMPLOYER – Shall mean all times
when a police officer is scheduled for and does work for the employer
as a security guard, traffic control officer or plainclothes surveillance
officer.
b.
No employer shall employ an Englewood Cliffs Police Officer while
off-duty to perform the services of a security guard, traffic control
officer or plainclothes surveillance officer without having first
filed with the Borough Clerk a certificate of workmen's compensation
insurance.
c.
No employer shall employ an Englewood Cliffs Police Officer while
off-duty to perform the services of a security guard, traffic control
officer or plainclothes surveillance officer without having first
filed with the Borough Clerk a certificate of comprehensive general
liability insurance in the amount of not less than $200,000 for one
person and $500,000 for any one occurrence with respect to injuries
and damages suffered or caused by police officers while in the employ
of the employer.
d.
No certificate of insurance required by this subsection be deemed
filed with the Borough Clerk unless it has been first approved by
the Borough Attorney.
e.
All policies of insurance evidenced by any certificate filed hereunder
shall be maintained by the employee in full force and effect at all
times while any police officer is employed by such employer. Upon
the change or renewal of any such policy of insurance, the employer
shall forthwith file with the Borough Clerk a new and current certificate
of insurance in compliance with the foregoing provisions.
f.
Any employer who employs a police officer while off-duty to perform
the aforesaid services without first having complied with the requirements
of this subsection shall be subject to a fine of $500 or imprisonment
of one day, or both, for each day that it employs the police officer.
g.
No police officer shall accept any outside employment without first
obtaining, in addition to all other requirements herein, the express
permission of the chief of police.
h.
Any police officer who accepts or continues employment while off-duty
with an employer which has not complied with the requirements of this
subsection shall be deemed in violation of the rules and regulations
of the police department and shall be subject to appropriate discipline
thereunder. The police officer shall, prior to accepting or continuing
off-duty employment, ascertain from the prospective employer, whether
it has complied with the provisions hereof. If the employer has not
yet complied, the police officer shall not accept the prospective
off-duty employment.
The Mayor and Council of the Borough of Englewood Cliffs may
appoint from time to time special law enforcement officers in accordance
with New jersey Statutes for terms not exceeding one year. They shall
possess and exercise all the powers and duties provided by said statutes
during their term in office, but shall not be continued as regular
members of the police department and shall not be entitled to tenure.
The chief of police may authorize special law enforcement officers
when on duty to exercise the same powers and authority as regular
members of the police department including the carrying of firearms
and the power of arrest. (N.J.S.A. 40A:14-146.8 et seq.)
[Ord. No. 2013-05; Ord. No. 2015-07; Ord.
No. 2017-14; 3-13-2019 by Ord. No. 2019-04]
a.
Upon notice to the Borough of construction, road work, or any event
(public or private) upon or near the public roadways located within
the Borough and adjoining facilities, the Chief of Police or his designee
shall determine whether or not is necessary to have a police officer
present during said period of time and/or a patrol car, if necessary,
and if it is determined that the same is necessary, there shall be
fees charged as follows:
1.
$105 per hour or part thereof for an off-duty police officer, with
an initial charge for a minimum of four hours;
2.
$35 per hour or part thereof for the presence of a police vehicle,
with an initial charge for a minimum of four hours;
3.
Time in excess of the initial minimum four hours shall be charged
at the same hourly rate for the next two-hour period or part thereof.
Time in excess of six hours shall be charged thereafter at the same
hourly rate for the next two-hour period or part thereof. Time in
excess of eight hours shall be charged thereafter at the same hourly
rate for each one-hour period or part thereof;
4.
An administrative fee in the amount of 7% of the total fees incurred under this § 2-13.16. Five percent of the administrative fee shall be dedicated to the Borough's Police program, Drug Abuse Resistance Education ("DARE"), or to such other of the Borough's public educational programs as may be approved by the Borough Administrator or, in the Administrator's absence, by the Mayor and Council.
b.
These fees shall be paid by the appropriate contractor, utility company,
public or private vendor or the person requiring said work within
30 days of receipt of an invoice.
c.
The appropriate contractor, utility company, public or private vender,
shall give prior notice to the Borough, at least 24 hours before,
of their intent to perform work upon the public highways of the municipality
and adjoining facilities. However, in the event of an emergency, such
time notice shall be waived.
d.
In the event that the contractor, utility company, public or private vendor cancels the notice to provide police officers and/or a police vehicle, a cancellation notice shall be given by same to the Borough Police Department at least two hours before the designated starting time. If said notice is not given or not given on a timely basis, there will be a fee of $420 assessed per cancellation, plus the administrative fee set forth in § 2-13.16(a)(4) above.
e.
Notwithstanding
the above, the fees set forth herein may be waived, in the case of
religious, charitable and/or first amendment protected activity, by
the Mayor and Council upon application.
[Added 10-14-2020 by Ord. No. 20-07]
The purpose of this section is to provide standards, regulations
and rates for the towing and storing of motor vehicles pursuant to
N.J.S.A. 40:48-2.50 concerning the towing and storage of motor vehicles
without the consent of the owner.
Shall mean towing operator.
Shall mean a person, firm, corporation or other entity who
owns, leases and/or operates, parks or abandons a vehicle on the roads,
highways or property, public or private, within the Borough of Englewood
Cliffs, which vehicle by reason of being disabled or being unlawfully
upon said roads, highways or property, public or private, requires
towing services.
Shall mean the Police Department of the Borough of Englewood
Cliffs and/or state police and/or county police or such other police
as may have jurisdiction upon the roadways on which the vehicle may
be found in said Borough of Englewood Cliffs.
Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying or removing any
and all kinds of vehicles or parts of vehicles which are unable to
be operated under their own power, for which a service charge or fee
is exacted. The definition of "tow truck" shall also include the use
of a flatbed "tow truck."
Shall mean a person, firm, corporation or other entity engaged
in the business of providing tow truck services and storage services
for vehicle towed, which services are made available to the general
public upon such rates, charges and fees as determined by the Borough
Council of the Borough of Englewood Cliffs and which towing operator
is licensed under the provisions of this section.
Shall mean the removal or towing of a vehicle without the
owner's personal selection or designation as to whom the tower shall
be.
Whenever it shall appear that it shall be necessary for the
police to order the removal or towing of a motor vehicle within the
confines of the Borough of Englewood Cliffs without the consent of
the owner, the following rules and regulations shall take place: Said
vehicle shall be towed only by the person duly authorized and licensed
by the Borough of Englewood Cliffs to tow and store said vehicles.
No towing operator covered by Subsection 2-13A.1 hereinbefore set forth under the heading "Purpose" shall engage in the business of providing tow truck services without the consent of the owner within the Borough of Englewood Cliffs without obtaining a license in accordance with the provisions of this section and pursuant to this Ordinance with the Borough of Englewood Cliffs.
a.
The licensee must be of good business character and reputation.
b.
A licensee must have at least three years experience, as a sole proprietor,
partner or as an employee in the towing of vehicles in order to be
considered for the issuance of a license.
c.
The licensee shall submit proof of ownership by record title of the
required tow truck and flatbed tow truck. A copy of the registration
for each vehicle and copies of current and valid insurance policies
and cards shall be submitted to the Borough Clerk.
d.
Equipment requirements. No license shall be issued to a towing operator
who does not own or lease for utilization in his or its business the
following equipment, which equipment shall be inspected by the chief
of police or his authorized representative prior to a license being
issued and a report of said inspection furnished to the Borough Council.
Said equipment shall be designated as follows:
1.
Two a minimum of one light-duty wrecker and one flatbed for vehicles
under 10,000 pounds.
2.
Safety equipment to be carried on all trucks shall include a universal
towing sling; except flatbed, J-hooks and chains; one snatch block
for three-eighths-inch to one-half-inch cable; two high-test safety
chains; auxiliary safety light kit to place on rear of towed vehicle;
four-lamp or three-lamp revolving amber light or lamp bars; toolbox
with assortment of hand tools; rear working lights located to clear
towed vehicle; blocking choke for wrecker while working; safety cones;
shovels and broom; steering wheel lock or tie-down. All towing vehicles
must be equipped with at least one five pound ABC-type fire extinguisher,
safety chains, substances for application to small liquid spills,
and stiff push brooms to clean up debris at scene.
3.
All tow trucks must be properly lettered on both sides as provided
by law.
4.
All trucks and equipment will be maintained and operated in accordance
with all existing traffic regulations and in a safe and prudent manner
and may be inspected for such condition by the police at any time,
wherever located. Any deficiency in such condition reported by the
police to the licensee shall be promptly corrected and any failure
to correct may be cited as a violation of the license pursuant to
this section.
5.
A truck driver will request police assistance during the course of
servicing when he finds it necessary to turn around, back up, tow
in the opposite direction, cross the median, etc.
e.
General area. The towing operator shall provide a general storage yard, with not less than 15 secured parking spaces as outlined under Subsection 2-13A.12, Rates, Subsection a, of this section. The towing operator shall further have it its disposal a secured indoor storage facility to house at least one vehicle at the request of the police department.
1.
Towing companies shall not remove any motor vehicles from storage
without first notifying the Englewood Cliffs Police.
2.
The towing company shall notify the Englewood Cliffs Police of any
vehicles that are found to be abandoned or not claimed within 14 days
(two weeks) after being stored.
3.
All towing companies will submit a copy of receipts of all vehicles
towed and stored to the Englewood Cliffs Police "Traffic Bureau" at
the end of every month for accurate accountability.
f.
General standards.
1.
The storage facilities shall have proper sign identification upon
the same prominently displaying all fees in accordance with this section
and shall be kept clean so as to be reasonably accommodating to persons
of the Borough or others who may come upon said premises shall be
located within two miles of the borders of the Borough of Englewood
Cliffs for all authorized towing pursuant to this section. All vehicles
towed pursuant to this section shall be stored in secured parking
spaces unless otherwise designated by the owner.
(a)
The required storage area shall be located within two miles
of the Borough's boundaries. The hours of recovery of vehicles shall
be from 8:00 a.m. to 6:00 p.m. weekdays and 8:00 a.m. to 12:00 p.m.
on Saturdays. Recovery of vehicles on holidays or at any other time
will be arranged by vehicle owner and tow company.
2.
A tow operator shall not be charged with a call if the owner designates
the tow operator.
3.
All aiding operators and their drivers shall be fully trained and
knowledgeable in the operation of all required equipment.
4.
All towing operators shall complete the application for towing license
and list all drivers who will be operating their tow trucks.
5.
Towing operator employees who drive vehicles on the Borough roads
or highways traversing said Borough must have a driver's license with
no restrictions or conditional endorsements, except a condition requiring
glasses; they shall be of good moral character, mentally alert and
present a neat appearance at all times. Possession by a driver of
commercial driver's license, as required by N.J.S.A. 39:10 et seq.,
is mandatory.
6.
All towing operators must be available for service on a twenty-four-hour,
seven-days-a-week basis without exception.
7.
It shall be the obligation of the towing operator to immediately
notify the police in the event that said towing operator is wholly
or partially not operational due to mechanical failure of his vehicle
or personnel insufficiency. It shall be the responsibility of the
towing operator to provide a replacement driver and equipment.
8.
If a request for towing service is made by the Englewood Cliffs Police
Department and then canceled, prior to the tow truck driver hooking
up the vehicle, there will be no charge to either the owner of the
vehicle or the Englewood Cliffs Police Department.
9.
The towing operator will not be responsible for towing services unless
directed by the Englewood Cliffs Police Department.
10.
The towing operator will be responsible for all vehicles and contents
in their custody that were towed off the roadway under the direction
of the police. An inventory shall be made by members of the Englewood
Cliffs Police Department at the scene to note the contents of each
vehicle.
11.
The towing operator will cooperate with other operators in the case
of emergency services at the scene of accidents and/or disasters.
12.
No vehicle will be removed from the Borough roads or highways traversing
said Borough without proper authorization from the police at the scene
or the owner of the vehicles, as the case may be.
13.
All vehicles impounded or confiscated will not be released or disposed
of without proper vehicle report form, duly executed by proper police
department personnel or as provided in N.J.S.A. 39:10A-1 et seq.
14.
The towing operator will dispatch, within the time period permitted
by this chapter, a tow truck(s), when requested by the desk officer
to respond to a police-requested call for service.
15.
All disputes between towing operators, the public at the scene and/or
owners will be reported to the police chief or his designee, who will
act as a mediator and attempt to resolve their differences in a civil
and lawful manner. No driver of a towing operator will create a disturbance
on the highway.
16.
The police officer investigating the incident is in complete charge
of the incident scene, and all drivers shall comply with the officer's
instructions.
17.
All towing operators shall maintain insurance coverage no less than
the following schedule:
(a)
Garage liability insurance. Limit of liability shall not be
less than $500,000 combined single limit (bodily injury and property
damage) per occurrence including premises operations and products/completed
operations.
(b)
Automobile liability insurance. Limit of liability shall not
be less than $500,000 combined single limit (bodily injury and property
damage) per occurrence.
(c)
Garage keepers legal liability insurance Physical damage insurance
policies shall be specifically endorsed to provide "direct primary"
insurance, where applicable, for vehicles in tow, possession of, or
storage on property owned or controlled by the contractor. Limit of
said coverage shall be not less than $100,000.
(d)
Excess umbrella insurance. Limit of liability shall be not less
than $1,000,00 provided protection in excess of the $500,000 garage
and auto liability coverage. Note: this requirement may be waived
if the limits of liability in sections (a) and (b) above are not less
than $1,500,000 combined single limit.
(e)
On all liability policies, the municipality shall be added as
an additional insured, and insurance certificates shall indicate such
coverage as primary coverage notwithstanding any insurance carried
by the municipality.
(f)
Workers compensation insurance. Statutory coverage, including
employers liability coverage with a limit of at least $500,000/$500,000/$500,000
in accordance with State Law.
(g)
The contractor shall indemnify the municipality and the public
against any loss due to injuries, accidents or damages or any character
whatsoever where any such damage is the result of act or omission
of the contractor, his agents or employees in or due to the execution
of the work called for under the contract.
(h)
Certified copies of all insurance policies provided above or
certificates thereof satisfactory to the Borough of Englewood Cliffs
shall be furnished forthwith. Each such policy or certificate shall
contain a provision that it is not subject to change, cancellation
or nonrenewal unless 30 days' prior written notice via certified mail/return
receipt shall have been given to the Borough of Englewood Cliffs by
the contractor's insurer. These must be received 30 days prior to
commencement of work.
(i)
The providing of any insurance required herein does not relieve
the contractor of any of the responsibilities or obligations assumed
by the contractor for which the contractor may be liable by law or
otherwise.
(j)
If any policies contain deductibles or copayments, it shall
be the responsibility of the contractor or pay such sums at the same
time a claim is settled by the contractor's insurance company.
(k)
If any policies contain limits of liability with an aggregate
limit, the contractor or the contractor's insurance company shall
provide the municipality — quarterly during the policy period
— a statement of evidencing the limits of liability required
under the contract to be in force.
(l)
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the contract and shall
cause an immediate termination thereof.
(m)
All policies shall be written in either a company licensed to
do business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating of A-X. They shall be written
on an ISO (Insurance Service Office) form or better.
18.
It is understood and agreed by towing operator that police shall
in no way be labile to the towing operator for any services whatsoever
which may be rendered to motor vehicles, and the towing operator will
look only to the driver or last registered owner of such vehicles
for compensation.
19.
The main office and storage facilities of any towing operator shall
be located within two miles of the borders of the Borough of Englewood
Cliffs.
a.
Form: required information. An application for a license shall be
in writing, signed by the applicant, and shall contain all information
necessary to evidence the applicant's identity and legal address,
compliance with the requirements of this section and the ability to
perform the towing services and storage services contemplated by this
section.
b.
Filing. Applications shall be filed with the Borough Clerk together
with a certified check for the application fee. The Borough Clerk
shall give 30 days public notice in an official newspaper of the Borough
of the date on which the license applications are to be received pursuant
to this section.
c.
Licenses issued pursuant to this section shall be for a term of one
year. Said one-year period, regardless of the date of application,
shall commence on January 1 of the year of said application. Application
shall be made at least 30 days prior to the January 1st next succeeding
the year for which the application is made except in regard to the
applications connected with the original passage of this section.
In that event, applications shall be made within 30 days after the
effective date of this section.
a.
Each of the approved licensees shall be placed on a list of rotating
basis by the chief of police. A calendar shall be prepared designating
each day on the calendar as the day that a licensed tow truck operator
is responsible. A licensed towing company may substitute another company
for the date scheduled for the towing company if the substitute company
is on the licensed towing list. Failure to respond shall be grounds
for suspension of towing license.
b.
The licensed tow company must be available to tow cars on a 24 hours
a day basis. If the company on duty is not available on a particular
day then the next listed company will be called. Unavailability on
the date scheduled, without a substitute company will be considered
a violation of the license.
c.
A licensed towing company will be responsible for cleaning any debris
left at the accident scene.
d.
A response time of 15 minutes will be expected from each licensed
towing company called by the police department. If the towing company
on duty fails to respond within the time period the next licensed
towing company will be called. Failure to respond within the stated
time frame will be considered a violation of the license.
e.
All licensed towing companies will provide road service calls as
required by the police department. Such calls shall include jump starting
vehicles, changing of tires, providing of fuel, opening locked vehicles
and similar services. Such services will only be performed if they
can be done so safely, as determined by the police officer on the
scene. The fee for these services shall be at a fair rate: $50.
a.
All towing services shall respond to a call in any part of the Borough
of Englewood Cliffs within 15 minutes. If a towing service does not
respond within 15 minutes of a call, the towing service next on the
list shall be called and entitled to provide services as needed, and
the first towing service shall lose any claim to compensation.
b.
No towing operator operating under the license issued hereunder shall
employ any sworn officers of the Borough of Englewood Cliffs for the
purpose of towing under this chapter.
c.
The Borough of Englewood Cliffs Police Department shall maintain
a record of calls to licensed towing operators under this chapter.
d.
Such additional rules and regulations as may be promulgated by the
Borough Council pursuant to this section shall take effect after notification
of such rules and regulations upon all holders of licenses as towing
operators. Service shall be made by forwarding these rules and regulations
by certified mail, return receipt requested, to the licensee at the
address listed in his most recent application.
a.
The Borough Council shall have the right to suspend or revoke any
license issued under this section for good cause, upon written complaint
of the chief of police of the Borough of Englewood Cliffs following
his determination that there is probable cause for revocation or suspension
based upon violation of this chapter. Written notice of such complaint
and the basis of the complaint shall be entitled to a hearing before
the Borough Council prior to final determination of the complaint
by the Borough Council. If, upon full hearing, the Borough Council
decides that there have been violations, then a majority vote of those
present and voting may terminate or suspend said license. In the event
that a request for a license is denied in the first instance the applicant
whose request for a license has been denied shall be afforded an opportunity
to determine the reason for the denial, and the procedure for the
same shall be the same as hereinbefore set forth for suspension or
revocation of a license issued under this chapter.
b.
The licensee or applicant pursuant to Subsection a shall file his request for a hearing before the Mayor and Council with the Borough Clerk by certified mail within 15 days of the receipt of the proposed notice of suspension or revocation or denial of his application for a license as the case may be. The Mayor and Council shall hold the necessary hearing and shall act within 60 days thereafter.
No controlling interest in a license issued pursuant to this
section shall be assigned, transferred or sold, except on specific
approval of the Borough Council of the Borough of Englewood Cliffs,
and, upon cessation of activity or authority under the license through
revocation or otherwise, the license shall be determined null and
void. In no event shall any such license be posted as collateral.
At the time of application for said license, the towing operator shall
complete and submit, on Borough forms, a statement of ownership. Any
controlling interest transfer of ownership in a licensee's business,
be it actual transfer or stock ownership, without Borough approval,
shall render the license void. In the event of sale or transfer, the
new application, if any, shall make a new application and pay fees
and be approved by the Borough of Englewood Cliffs, New Jersey.
[Ord. #9812; Ord. #2007-11; amended 6-8-2022 by Ord. No. 22-08]
No towing operator shall charge a fee for services that are
subject to the provisions of this section in excess of the following
enumerated rates:
e.
Specialized recovery equipment.
1.
Rotator/crane recovery unit: $1,200 per hour.
2.
Tractor with landoll trailer or detach trailer: $450 per hour.
3.
Tractor/transport hauler only: $250 per hour.
4.
Refrigerated trailer with/tractor: $450 per hour.
5.
Box trailer with/tractor: $400 per hour.
6.
Air cushion unit: $1,000 per hour.
7.
Light tower: $250 per hour.
8.
Pallet jack: $200 flat rate.
9.
Rollers: $200 flat rate.
10.
Any other specialized equipment: $250 per hour.
11.
Loader/backhoe/telescopic handler/bulldozer/bobcat: $300 per
hour each.
12.
Forklift: $300 per hour.
13.
Dump truck/dump trailer with/tractor: $350 per hour.
14.
Roll-off with container: $350 per hour plus disposal.
15.
Recovery supervisor vehicle: $150 per hour.
16.
Scene safety equipment, communication equipment, traffic management
equipment, etc.: $250 per hour each type used.
17.
Recovery support vehicle/trailer additional recovery equipment:
$350 per hour.
f.
Labor (all labor minimum of one hour).
1.
Accident minor cleanup and disposal of debris: $75 per hour one hour
minimum plus absorbant materials used.
2.
Recovery supervisor and/or level III recovery specialist: $225 per
hour *Charges limited to one per incident.
3.
Certified towing operator: $125 hour per man.
4.
Manual laborers: $100 per hour per man.
g.
Storage: Per calendar day (inside rates two times outside rate).
1.
Cars/light trucks: ten-foot by twenty-foot space: $45 per day.
2.
Trucks (dual wheels)/single axle: $90 per day.
3.
Tractor/dump truck/tractor and trailer combo/trailers: $125 per unit
per day.
4.
Buses: $150 per day.
5.
Roll-off: $125 per day for each.
6.
Cargo/accident debris/load storage/vehicle components ten-foot by
twenty-foot space: $45 per space used per day.
7.
Rental of any tow company supplied trailer post incident: $500 per
day.
**Storage billed per calendar day**
h.
Additional services/notes.
1.
Fuel/haz-mat/cargo spills:
Cleanup and disposal: Time and material.
Hazmat and trash recovery: surcharged 10%.
Subcontractor markup: 10%.
Administrative charge.
Only after 3rd visit to vehicle - Cars only: $50.
Administration charge medium/heavy truck: $200.
After hours release: $75.
Notification documentation fee: $50.
Tarping/wrapping vehicle: $90 per car, $250 per truck.
Fuel surcharge: reserved for future need.
i.
After the first hour, all hourly billable rates shall be charged
in half hour increments.
j.
Charges for all trucks/recovery equipment are inclusive of the operator
a towing operator may not separately charge for an operator that drives/operates
the truck/recovery equipment.
One-half ton trucks and vans will be classified as vehicles
for the purpose of this section.
The Borough Council or its designated representative shall promulgate additional rules and regulations when necessary, as set forth under Subsection 2-13A.9, General Rules and Regulations. Copies of said rules and regulations shall be made available to all towing companies.
No vehicles are to be towed into the police department parking
lot unless specifically ordered by the police department. Vehicles
under police investigation will be towed free of charge.
All authorized garages will maintain reasonable security for all towed vehicles to safeguard against vandalism and theft, as more specifically set forth under Subsections b and c under Subsection 2-13A.5, Licensing Standards.
The police department of the Borough of Englewood Cliffs shall
provide, when requested, towing operators with the Motor Vehicle Commission
information regarding registered owners and lienholders. This information
requested and given shall be in conformance with N.J.S.A. 39:10A et
seq. and shall not in any way violate the confidentiality that is
reposed in the police department.
Under the adoption of this section, the Borough Clerk shall
give 30 days' public notice of the receipt of the license application
pursuant to this section. Public notice shall be given by publication
in an appropriate newspaper circulated within the Borough.
The license-issuing authority shall be the Mayor and Borough
Council of the Borough of Englewood Cliffs.
Any person, firm or corporation violating the provisions of this section shall upon conviction thereof, be subject to a fine of not more than $500 or to imprisonment for not more than 90 days, or both, in the discretion of the judge of the municipal court and further subject to revocation of license by the Mayor and Council. If such revocation is proposed the licensee shall be notified at least 15 days beforehand and be entitled to a hearing before the Mayor and Council pursuant to Subsection 2-13A.10.
The governing body shall submit a copy of this section including
the schedule of rates contained thereto to the Division of Consumer
Affairs within 90 days of the adoption of this section.
[Ord. No. 2015-08]
a.
A private property towing company should not remove a motor vehicle
from private property without the consent of the owner or operator
of the motor vehicle, unless;
1.
The private property towing company has entered into a written contract
with the owner of the private property to provide private property
towing services;
2.
The owner of the private property has posted a sign, in a conspicuous
place at each vehicular entrance, at least 36 inches high and 36 inches
wide stating:
(a)
The purposes for which parking is authorized and the times during
which such parking is permitted;
(b)
The unauthorized parking is prohibited and unauthorized motor
vehicles will be towed at the owner's expense;
(c)
The name, address and telephone number of the private property
towing company that will perform the private property towing;
(d)
The charges for the private property towing and storage of towed
motor vehicles;
(e)
The street address of the storage facility where towed motor
vehicles can be redeemed after payment of the posted charges and the
times during which a motor vehicle may be redeemed; and
(f)
That a consumer may contact the Division of Consumer Affairs
by calling 1-800-242-5846, prompt number 4;
3.
The property owner has authorized the private property towing company
to remove the motor vehicle; and
4.
The private property towing company tows the motor vehicle to a secure
storage facility having the capacity to receive it that is nearest
to the site from which the motor vehicle is towed.
c.
The provisions of Subsection a2 above shall not apply if the private property from which the motor vehicle is to be towed is a residential community in which parking spaces are assigned to community residents and;
1.
The assigned spaces are clearly marked as such;
2.
There is documented approval from the private property owner authorizing
the removal of the motor vehicle; and
3.
A sign is posted in a conspicuous place at all vehicular entrances
that:
(a)
States that unauthorized parking in an assigned space is prohibited;
(b)
States that unauthorized vehicles will be towed at the owner's
expense; and
(c)
Includes information, or a telephone number, enabling the motor
vehicle owner or operator to obtain information as to the location
of the towed motor vehicle.
Persons over the age of 18 years may, following their 18th birthday,
participate as volunteer firemen in the volunteer fire department
of the Borough subject to the rules and regulations of the volunteer
fire department.
The Borough of Englewood Cliffs shall provide each active member
in good standing of the Englewood Cliffs Fire Protection Company No.
1 with life insurance coverage in the amount not to exceed $10,000.
Said coverage shall include dismemberment benefits.
Each present or future member of the Englewood Cliffs Fire Protection
Company No. 1 who retires in good standing after at least 20 years
of service, shall be provided with $10,000 of life insurance. Said
amount of coverage shall be maintained by the Borough until the former
member reaches the age of 70, at which time, the amount of life insurance
shall be reduced to $3,000 which shall be thereafter maintained on
the said former member for life.
a.
In the event of the death of any active or former active member of
the Englewood Cliffs Volunteer Fire Department with at least seven
years of qualified service, who is not entitled to the death benefits
of the New Jersey State Firemen's Association, that member's or former
member's family or next of kin, or estate, shall be entitled to receive
from the Borough of Englewood Cliffs an amount equal to the death
benefits provided by the New Jersey State Firemen's Association in
such case.
b.
Benefits set forth herein shall accrue to members or former members
of the volunteer fire department with at least seven years of qualified
service as of the effective date of this subsection. (August 21, 1984)
c.
Those members or former members of the volunteer fire department
who are entitled to death benefits provided by the New Jersey State
Firemen's Association shall not be entitled to the benefits provided
by this subsection.
d.
The official in charge of the volunteer fire department shall annually
file with the municipal Clerk, a verified list of all active members
of the volunteer fire department. The list shall contain the names
and residences and the amount of years of service of each member of
the department.
e.
In the event of the volunteer fire department being disbanded and
replaced by a paid or part-paid fire department, the amount of years
of service to the volunteer fire department shall be credited to each
individual member in determining the benefits accorded to such member
under statutes made and provided for in such cases.
b.
Rate of retirement bonus. Yearly bonus rate for individuals shall
be equal to that year's clothing allowance fixed by the Mayor and
Council.
c.
Time of pay-out. Shall be at the same time the normal clothing allowance
is paid out to active fire department members.
d.
Claim for bonus by retirees. Each qualified retiree shall make a
claim in writing to the Borough Clerk by submitting a claim voucher
at least 30 days prior to the time of bonus for clothing allowance
and no later than 30 days after the time of bonus for clothing allowance.
No bonus shall be granted to any retiree unless a voucher claim in
the amount allocated is received by the Borough Clerk signed by the
retiree, stating present address. Upon the death of the retiree, during
the period of January 1 to December 31 of a given year, any bonus
due to a retiree shall be paid to his/her estate. Thereafter, all
payments shall cease.
e.
Availability of funds. Funding for this subsection shall be incorporated
in the Englewood Cliffs Volunteer Department yearly municipal budget.
Any active member of the Englewood Cliffs Volunteer Fire Department
(except as limited hereinafter), who shall respond to 35% of the total
alarms, calls or drills for which the fire department is dispatched
during any month, shall be entitled to an additional allowance, above
and beyond any other monetary benefit allowed by ordinance, in an
amount equal to $300 per month.
Volunteer firefighters who are full time employees of the Borough
of Englewood Cliffs and who, by virtue of their specific job titles,
are permitted to respond to alarms, calls or drills while on duty
in such employment must respond to 40% of such alarms, calls or drills
in any month to be entitled to the aforesaid payment.
For purpose of this subsection, no member of the police department
of the Borough of Englewood Cliffs, then on a tour of duty, and responding
to a fire alarm, shall be given credit toward the 35% requirement,
for that particular response.
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the volunteer firefighters and volunteer ambulance corps for their
loyal, diligent, and devoted services to the residents of the Borough
of Englewood Cliffs.
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Borough of Englewood
Cliffs pursuant to P.L. 1977 c.388; and that such plan shall be administered
in accordance with the laws of the State of New Jersey; the U.S. Internal
Revenue Code, and this ordinance.
Commencing January 1, 2001, LOSAP shall provide for annual contributions
to each eligible member that meets the criteria as follows:
The estimated cost of the program has been calculated as follows
for the Englewood Cliffs Volunteer Fire Department:
For regular annual services: $23,000 per year.
The estimated cost of the program has been calculated as follows
for the Englewood Cliffs Volunteer Ambulance Corps:
For regular annual services: $11,150 per year.
Each active volunteer member shall be credited with points for
volunteer services provided to the volunteer fire company and volunteer
ambulance corps in accordance with the following schedule:
|
SCHEDULE A
ENGLEWOOD CLIFFS FIRE DEPARTMENT ELIGIBILITY POINT SYSTEM
| |
|---|---|
|
Points
| |
|
Department Chiefs
|
15
|
|
Captain, Lieutenant, Engineer
|
10
|
|
Active Former Chief (5 points per term)
|
5
|
|
Qualified Driver (5 points per apparatus)
|
15
|
|
State or County Training Certification
|
10
|
|
House Duty (3 points)
|
3
|
|
Years of Service:
| |
|
5 years
|
10
|
|
10 years
|
20
|
|
15 years
|
30
|
|
20 years
|
40
|
|
25 years and over
|
50
|
|
Response to fire calls:
| |
|
0-10%
|
0
|
|
11-20%
|
20
|
|
21-30%
|
30
|
|
31-40%
|
40
|
|
41-50%
|
50
|
|
51-60%
|
60
|
|
61% and above
|
70
|
|
SCHEDULE B
ENGLEWOOD CLIFFS VOLUNTEER AMBULANCE CORPS.
ELIGIBILITY POINT SYSTEM
| ||
|---|---|---|
|
Category
|
Points
| |
|
Position:
| ||
|
Captain
|
25
| |
|
1st & 2nd Lieutenants
|
15
| |
|
All Other Elected Officers
|
15
| |
|
Committee Members
|
5
| |
|
Activity:
| ||
|
Ambulance Shifts — 2 Shifts = 1 point
|
1
| |
|
Holiday Coverage — per shift
|
5
| |
|
Regular Business Meetings
|
2
| |
|
Drills
|
2
| |
|
Longevity — per year of service
|
1
| |
|
Special Events determined by Captain
|
5
| |
|
Borough Events requiring coverage
|
5
| |
|
Sports Events requiring coverage
|
5
| |
|
Training:
| ||
|
A.
|
Blood Borne Pathogens
|
5
|
|
B.
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CPR Certification
|
5
|
|
C.
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EMT Certification
|
5
|
|
D.
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Other
|
5
|
Proper administration of the government of the Borough requires
that all Borough officials and employees and members of all boards
be independent and impartial; that public office should not be held
for personal gain; that the public have confidence in the Borough
government; and whenever there exists an actual or partial conflict
between the private interests of a Borough official or employee, and
his duties as such official or employee, the proper administration
of the affairs of the Borough is impaired; and the public interest
requires that a code of ethics be adopted as a standard of conduct
for the officials and employees of the Borough.
As used in this section.
a.
OFFICIAL or EMPLOYEE – Shall mean and include:
1.
Mayor and Councilmen.
2.
Borough Clerk, Borough Treasurer, Borough Attorney, Borough Engineer,
Borough Auditor, and the assistant or assistants to any of them.
3.
Any other elected or appointed officer, official or employee of any
board, commission or agency and advisory board, whether paid or unpaid,
created by the Mayor or the Borough Council except members of the
Police Department and Volunteer Fire Department of the Borough.
a.
Each individual to whom the code of ethics is applicable shall, by
January 31 of each year, or within 30 days of his appointment, whichever
event shall occur sooner, furnish to and file with the Borough Clerk
the following information on a form prescribed by the Borough Council.
1.
The name and address of the firm by whom he is employed or with whom
he is associated.
2.
The type of business or profession which such firm is engaged in,
or, if said individual is self-employed the nature of his business
or profession.
3.
Any business or professional relationship whether direct or indirect
which he or his firm then has or which he or the firm had within the
prior thirty-six-month period with the Borough or with any firm or
individual residing or doing business in said Borough.
4.
The lot and block and common street address of each and every parcel
of real property within the Borough in which the individual in question
has an ownership interest, either directly or indirectly, and the
extent of such interest.
b.
In the event any of the information or data furnished pursuant to Subsection a above shall change, a supplementary information form setting forth such change or changes shall be filed by each individual to whom the code of ethics is applicable within 15 days after the occurrence of such change or changes.
No official or employee shall engage in or accept private employment
or render services for private interests when such employment or service
is incompatible with the proper discharge of his official duties or
would tend to impair his independence of judgement or action in the
performance of his official duties.
b.
No official or employee shall solicit, negotiate
for or promise to accept employment with any person with which he
is engaged in behalf of the Borough in the transaction of business
or which is or may be affected by his official action.
No official or employee shall without proper legal authorization,
disclose confidential information concerning the property, government,
or affairs of the Borough; nor shall be use such information to advance
the financial or other private interest of himself or others. The
Borough Council shall pass a resolution as shall be necessary, determining
what information shall be deemed confidential for the purpose of this
section.
No official or employee shall accept any gift or gratuity, whether
in the form of service, loan or promise, or in any other form, from
any person the acceptance of which may tend to influence him in the
discharge of his official duties in behalf of the Borough.
No official or employee shall represent private interests before
the Borough Council or before any board, commission, or agency of
the Borough. He shall not represent private interests in any action
or proceeding against the interests of the Borough in any litigation
to which the Borough is a party.
Any official or employee who has a financial interest in any
transaction or contract with the Borough, or in the sale or purchase
of real estate, materials, supplies, or services to or from the Borough,
shall make known to the Mayor and Council in writing such interest
in any matter on which he may be called to act in his official capacity.
He shall refrain from voting upon or otherwise participating in the
transaction or the making of such contract, sale or purchase.
a.
No Councilman or member of the governing body or of any agency thereof
shall vote for the adoption or defeat of any legislation or for the
payment or nonpayment of any indebtedness owing or allegedly owing
by the Borough in which he has any financial or other personal interest,
direct or indirect, nor shall any official or employee recommend or
lobby for the adoption or defeat of any legislation or for the institution
or defense of any legal or quasi legal action whatever in which he
has or may have a financial or other personal interest, direct or
indirect.
b.
Any official or employee who has or may have such interest in such
legislation, indebtedness or action, and who participates in discussion
with or gives an official opinion of the Borough Council or agency
with respect thereto, shall disclose on the records of the Borough
Council or agency the nature and extent of such interest.
No official or employee shall use his official position to obtain
a personal discount or any preferential or favored treatment or any
rights, benefits, advantages or privileges, for himself or for any
other person.
a.
In the event that any official or employee of the Borough does not
comply with the standards set forth in this section, a charge of the
violation of this section may be instituted by the Borough Council
or any individual when he has knowledge or information indicating
that a violation exists. Such charge or charges shall be in writing,
under oath, and shall be signed by the person charging a violation
thereof as the case may be and shall contain a clear and concise statement
of the facts alleged to constitute such violation. Such charge or
charges shall be filed with the Borough Clerk on a form prescribed
by the Borough Clerk. The Borough Council shall promptly set a date
for formal hearing of the charges and shall serve a copy of the charges
on the accused and shall advise him, in writing, of the date and place
of such hearing at least 10 days prior thereto. At such hearing charges
shall be presented and evidence in support thereof shall be received
and the accused shall be offered an opportunity, either personally
or by counsel, to cross-examine the witnesses to be heard and to present
evidence on his own behalf.
b.
As soon as practicable after conclusion of the hearing, but not later
than 30 days, the Borough Council shall render a written decision
on the charges and shall mail a copy thereof to the accused and file
a copy with the Borough Clerk.
c.
In the event that the accused shall be the Mayor or member of the
Borough Council, said accused shall not take any part in the deliberations
of the Borough Council with respect to the hearing.
In the event that any official or employee discloses in writing
to the Council any possible involvement by that individual with regard
to a possible violation of this section prior to the time that the
individual engages in the action, then no charges shall be brought
against the individual provided that the individual does not vote
for, participate in, lobby for, or attempt to influence any Borough
board, agency, official and/or employee in which the individual might
have any possible involvement.
Any person filing charges pursuant to Subsection 2-15.12 shall not be exempt from the libel and slander laws of the State of New Jersey by reason of his filing thereof; nor shall any of the charges filed by an individual pursuant to Subsection 2-15.12 be considered as privileged under the libel and slander laws of the State of New Jersey.
In the event that any action complained of has been approved
by or has been taken pursuant to a State statute, or local ordinance,
or if the action has been approved by the courts of the State of New
Jersey, then no charges of possible violation of this section shall
be brought against any officer or employee of the Borough.
Upon a final finding, in accordance with the procedures prescribed in Subsection 2-15.12 of a violation of any of the provisions of this section by any appointed official or employee, the Mayor and Borough Council may suspend, demote or dismiss such official or employee in accordance with applicable statutory authority of the State of New Jersey.
Compliance with this section shall be deemed a condition of
employment or continued employment for all Borough employees and appointed
officials.
The Mayor and Borough Council have determined that there shall
be a centralized system of payment of claims by all departments of
the Borough and that there shall be a standard administrative procedure
for all Borough payments, in order to:
a.
Establish proper internal control for expenditures and commitments
of Borough funds; and
b.
Provide a reliable basis for preparation of annual budgets; and it
is the intention of the Mayor and Council to establish accountability
and delegate responsibility and authority for the administration and
implementation of these objections.
Any person claiming payment from the Borough of Englewood Cliffs
shall first submit a detailed statement of the items or demand necessitating
such claim to the responsible executive agency, specifying particularly
how the bill or demand is made up, and a certification of the party
claiming payment that it is correct. No bills, claim or demand shall
be considered for payment unless the voucher has attached to it (or
includes) a certification or affidavit or a department head or of
his duly designated representative, having personal knowledge of the
facts that the goods have been received by or the services rendered
to the Borough and that those services or goods are consistent with
any existing contract or purchase order. All vouchers to be submitted
in addition to the certification or affidavit of the department head
or of his duly designated representative shall be signed by a member
of the Council committee in charge of the department in which the
expenditures is to be made and a member of the finance committee.
The bill or claim duly certified shall be presented to the Borough
Clerk for inclusion in the agenda of the next immediate formal meeting
of the Borough Council and it shall be the duty of the Borough Clerk
to examine all bills or claims submitted for payment to ascertain
if proper administrative procedures have been followed. All claims
or bills to be considered by the Borough Council shall be made available
to every member of the Borough Council at least three full days prior
to formal action by that body.
Claims shall be considered by the Borough Council which shall
approve the same, except that the Borough Council may reject any claim
presented to it stating the reason for such rejection. Any tie votes
may be broken by vote of the Mayor. Any disapproved claim shall be
referred back to the Borough Clerk with such instructions as the Borough
Council may give at the time of disapproval.
It shall be the duty of the Borough Clerk to record all claims
in the official minutes or through any appropriate claims register
indicating that the Borough Clerk has by formal action approved the
same with appropriate record as to any claims disapproved or rejected.
All records pertaining to approved and disapproved bills or claims
shall be available for public inspection.
After the Clerk has certified that the claims have been approved,
he or she shall forthwith prepare the necessary checks for the payment
thereof, which checks shall be signed by the Mayor and thereafter
signed by the treasurer and Borough Clerk. After preparing checks
for the payment of claims, he shall record them in proper books of
account and thereafter mail the check to the claimants.
a.
Except as hereinafter provided, the Borough of Englewood Cliffs,
hereinafter known as "the Borough" shall, upon the request of any
present or former official, employee or appointee of the Borough provide
for indemnification and legal defense of any civil action brought
against said person or persons arising from an act or omission falling
within the scope of their public duties.
b.
The terms of this section and the definition of official, employee
and appointee are to be construed liberally in order to effectuate
the purposes of this section except that these terms shall not mean:
a) any person who is not a natural person; b) any person while providing
goods or services of any kind under any contract with the Borough
except an employment contract; c) any person while providing legal
or engineering services for compensation unless said person is a full-time
employee of the Borough; and d) any person who, as a condition of
his or her appointment or contract, is required to indemnify and defend
the Borough and/or secure insurance.
c.
The Borough shall provide for defense of and indemnify any present
or former official, employee or appointee of the Borough who becomes
a defendant in a civil action if the person or persons involved: a)
acted or failed to act in a matter in which the Borough has or had
an interest; b) acted or failed to act in the discharge of a duty
imposed or authorized by law; and c) acted or failed to take action
in good faith. For purposes of this section, the duty and authority
of the Borough to defend and indemnify shall extend to a cross-claim
or counterclaim against said person.
d.
The Borough shall not indemnify any person against the payment of
punitive damages, penalties, or fines, but may provide for the legal
defense of such claims in accord with the standards set forth herein.
The Borough may refuse to provide for the defense and indemnification
of any civil action referred to herein if the Mayor and Council determines
that: a) the act or omission did not occur within the scope of a duty
authorized or imposed by law; b) the act or failure to act was the
result of actual fraud, willful misconduct or actual malice of the
person requesting defense and indemnification; or c) the defense of
the action or proceeding by the Borough would create a conflict of
interest between the Borough and the person or persons involved.
e.
In any other action or proceeding, including criminal proceedings,
the Borough may provide for the defense of a present or former official,
employee or appointee if the Mayor and Council concludes that such
representation is in the best interest of the Borough and that the
person to be defended acted or failed to act in accord with the standards
set forth in this section.
f.
Whenever the Borough provides for the defense of any action set forth
herein and as a condition of such defense, the Borough may assume
exclusive control over the representation of such persons defended
and such person shall cooperate fully with the Borough.
[Ord. #8805, SI]
The position of Borough Administrator as hereby created and
the employment of a person to fill such position is hereby authorized.
Borough Administrator shall assist the Mayor and Council, provide
a liaison between the governing body and the various departments,
under the supervision and control of the Mayor and Council, and shall
fulfill such other duties as shall be specifically assigned by said
Mayor and Council from time to time, including, but not limited to,
the following:
a.
Attend all meetings as directed by the Mayor and Council:
b.
Be responsible for the coordination of intradepartmental operations,
and manage the daily operation of Borough Hall by coordinating and
supervising the clerical staff;
c.
Make recommendations to the Mayor and Council concerning budgets,
purchasing procedures, administrative procedures, personnel and other
matters concerning operation of the Borough;
d.
Act as liaison between the Borough and county. State and Federal
agencies, with respect to application for funds and/or services needed
or required by the Borough;
e.
Aid in the preparation of the budget by alerting department heads
concerning submission of their portion thereof;
f.
Review all requisitions from departments for materials, equipment
and/or supplies.
[Ord. #8805, SII]
Said Borough Administrator shall be appointed by the Mayor with
advice and consent of the Borough Council for the term of one year,
beginning January 1 of each year.
[Ord. #8805, SIII]
The Borough Administrator shall be appointed on the basis of
executive and administrative abilities and qualifications with special
regard to training and experience in government affairs.
[Ord. #8805, SIV; Ord. No. 2016-12]
The duties of the Borough Administrator shall be such that they
shall not infringe upon the duties, rights and powers of other Borough
officers designated by statute or by Borough ordinance. The Borough
Administrator shall be responsible to the Mayor and Council for the
proper and efficient administration of the Borough's affairs. The
office of the Borough Administrator may be held by the same person
who holds the title of Borough Clerk at the discretion of the Mayor
and Council.
[Ord. #8805, SV]
The Borough Administrator shall receive the compensation as
fixed from time to time by ordinance by the Mayor and Council.
[Ord. #8901, SI]
Pursuant to the provisions of N.J.S.A. 40A:9-140.10, there is
hereby established within the Borough of Englewood Cliffs, the position
of chief financial officer.
[Ord. #8901, SII]
The chief financial officer shall be appointed by the Mayor
with the advice and consent of the Council.
[Ord. #8901, SIII]
The chief financial officer shall be appointed for a term of
one year.
[Ord. #8901, SIV]
The Salary Ordinance of the Borough of Englewood Cliffs is hereby
amended so as to make budgetary allocation for the chief financial
officer, whose compensation shall be determined each year.
[Ord. #8901, SV]
The chief financial officer shall have the qualifications and
certifications set forth by applicable statutory law, including, but
not limited to, those prescribed in N.J.S.A. 40A:9-140.1 et seq.
The chief financial officer shall be responsible for the administration
and financial management of the Borough, including but not limited
to, preparation of municipal budgets, preparation of financial statements,
preparation of long-term capital budgetary and planning considerations,
preparation or review of annual debt statements, attendance to short-term
and long-term investments, approval and/or review of disbursements,
attendance to record keeping for all cash receipts and cash disbursements,
preparation of year end journal adjustment, reconciliation of bank
accounts, coordination with the Borough auditor, review and recommendation
regarding the Borough audit, administration of escrow and trust funds,
review of collection procedures, and coordination with the tax collector.
Pursuant to the provisions of N.J.S.A. 40A:9-135, there is hereby
established, within the Borough of Englewood Cliffs, the office of
deputy municipal Clerk.
The deputy municipal Clerk shall be appointed by the Mayor,
with the advice and consent of the Council.
[Amended 11-10-2021 by Ord. No. 21-22]
The Deputy Municipal Clerk shall be appointed for a three-year
term commencing upon appointment and shall serve until his or her
successor qualifies.
This Ordinance shall be given retroactive effect to allow for
an individual already appointed as Deputy Municipal Clerk to be afforded
the three-year term provided in this Ordinance if explicitly provided
for in the appointing resolution.
The deputy municipal Clerk shall be entitled to the compensation
as set forth, and as determined by the Mayor and Council, as part
of the yearly salary ordinance.
The deputy municipal Clerk shall be responsible for all of the
obligations and duties as set forth by applicable Statutory provision,
and those assigned to him/her by the municipal Clerk. In addition,
the deputy municipal Clerk shall fulfill all functions and duties
of the office of the municipal Clerk in the latter's absence or disability,
and shall also have all of the powers of the office of the municipal
Clerk under those circumstances.
There is hereby established in the Borough of Englewood Cliffs.
County of Bergen and State of New Jersey, the position of municipal
historian. Said position is established in accordance with the provisions
of N.J.S.A. 40:10A-4. The municipal historian shall serve without
compensation, but the governing body shall annually appropriate such
funds as may be necessary to reimburse said historian for expenses.
The municipal historian shall serve at the pleasure of the Mayor and
Council, and shall have all of the powers and responsibilities set
forth in N.J.S.A. 40:10-7.
SEXUAL HARASSMENT – Is defined as: unwelcome sexual advances,
requests for sexual favors and other verbal or physical conduct based
on gender when:
a.
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment; or
b.
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
c.
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive working environment including, but not limited
to:
1.
Gender harassment: Generalized gender-based remarks and behavior.
2.
Seductive behavior: Inappropriate, unwanted, offensive physical or
verbal sexual advances.
3.
Sexual bribery: Solicitation of sexual activity or other sex-linked
behavior by promise of reward.
4.
Sexual coercion: Coercion of sexual activity by threat of punishment.
5.
Sexual assault: Gross sexual imposition such as touching, fondling,
grabbing or assault.
All employees, female or male, shall be permitted to work in
an environment free from all forms of unlawful discrimination and
conduct which can be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment is a form of employee
misconduct which undermines the integrity of the employment relationship.
Sexual harassment debilitates morale and interferes with work productivity
and, therefore, will not be tolerated.
a.
Supervisory. In order to ensure the integrity of the work environment,
supervisory personnel are required to insure adherence to and compliance
with this policy; and, upon being informed of possible sexual harassment,
are required to take appropriate immediate action in response, including
informing employees of their right to file a discrimination complaint
with the administrator.
b.
Employee. Employees are encouraged, whether directly or through a
third party, to notify the alleged harasser that the behavior in question
is offensive and unwelcome. However, failure to do so does not preclude
filing a complaint. Employees are encouraged to promptly report all
alleged incidents of sexual harassment to the Administrator.
c.
Contents of Filing. The complaint filed must include the following
information:
1.
The name and department of the complainant;
2.
The name and department of the charged party;
3.
The nature and circumstances, in detail, of the alleged sexual harassment,
including but not limited to, the injuries or consequences suffered
by the complainant, the names of any witnesses to such actions and
the duration of the actions questioned; and
4.
Whether such harassment has been previously reported to a supervisor
or other person, and if so, when and to whom.
|
Nothing in this section shall prevent the complainant from providing
other information or documents they believe are essential to the fair
adjudication of their case.
|
|
The initial complaint may be made orally or in writing. If the
complaint is made orally, the administrator shall reduce same to a
written document, which shall, if it is deemed accurate, be signed
by the complainant.
|
d.
The Borough Administrator is hereby designated as the sexual harassment
officer. The chief financial officer of the Borough is hereby designated
as the alternate officer. Persons who, by reason of the circumstances,
are uncomfortable directing a complaint to the administrator may report
same to the alternate officer.
A complaint of sexual harassment shall be investigated by the
administrator in a timely manner and shall include, but not be limited
to:
a.
Interviewing the complainant in detail;
b.
Interviewing all potential witnesses, including those persons who
may have knowledge of similar incidents;
c.
Interviewing the charged party in detail;
d.
Reviewing municipal files for similar incidents involving the complainant
and the charged party;
e.
Assessing the presence or absence of corroborative evidence for either
party.
To the extent possible, the sexual harassment investigative
proceedings will be conducted in a manner to protect the confidentiality
of the complainant, the alleged harasser and all witnesses. All parties
involved in the proceedings will be advised to maintain strict confidentiality,
from the initial meeting to the final decision, to safeguard the privacy
and reputation of all involved.
It shall be a violation of this policy for any employee to take
reprisals against any person because she/he has filed a complaint,
testified or assisted in any proceeding under this policy. Threats,
other forms of intimidation, and/or retaliation against the complainant
or any other party based on involvement in the complaint process may
be cause for disciplinary action.
All complaints will be addressed by the personnel administrator.
The alleged harasser will be notified once a formal complaint is filed
with the administrator. A finding of no probable cause as a result
of an investigation does not necessarily establish that an accusation
is false. However, this policy shall not be used to intentionally
bring frivolous or malicious charges against an employee.
Disciplinary action for employees found in violation of this
policy may be progressive in nature, but not required to be, and may
include:
To the extent permitted by law, the Borough will not be liable
for damages obtained as a result of a decision of a non-local agency
or court of superior administrative remedies described herein.
Employees of the Borough shall be provided with training, by
a person trained to lead or implement such training, which shall include
a detailed discussion of the following:
a.
A detailed explanation of what constitutes sexual harassment;
b.
The procedures for filing a sexual harassment charge;
c.
The procedures to be followed in the investigation of a sexual harassment
charge;
d.
Management's obligation regarding incidents of sexual harassment;
e.
Record keeping requirements.
Since a charge of sexual harassment is a grave and serious one,
false accusations of sexual harassment are, and will be treated as,
a disciplinary offense and will result in a level of punishment appropriate
for a person actually engaging in such behavior.
A person who knowingly and/or recklessly fails to give truthful
testimony to the administrator shall also be guilty of having made
false accusations.
[Ord. #2000-12]
a.
Any resident of the Borough of Englewood Cliffs may seek application
to any library within the County of Bergen and upon payment of the
necessary fees to belong to said library shall be entitled to reimbursement
by the Borough of Englewood Cliffs for the full sum of monies charged
to said residents up to $150 per card.
b.
As a prerequisite for reimbursement, a proof of payment to said library
must be presented to the Borough Clerk of Englewood Cliffs with an
appropriate voucher issued by the municipality for the expense of
same.
c.
Each resident shall be limited to one card per annum and a reimbursement
not to exceed $150.
d.
Upon presentment of said proof of payment and voucher to the Borough
Clerk of Englewood Cliffs, reimbursement shall be paid to the resident
within 90 days of said submission.
e.
The reimbursement of fees to residents shall be permitted only if
the Borough of Englewood Cliffs does not have an agreement with another
public library system to provide library services to the Borough residents.
Whenever check payable to any account of the Borough of Englewood
Cliffs is returned for insufficient funds, a service charge of $25
per transaction shall be added to the account. The service charge
shall be paid and credited before any other payment on the account
is accepted and credited.
Unpaid service charges shall become delinquent and, when applicable,
a lien against property, to be enforced in the same manner as other
liens.
A person whose returned checks become chronic, as determined
by the chief financial officer, may thereafter be required to pay
in cash or by certified check or cashier's check.
a.
Municipality of Englewood Cliffs Fire Department is authorized to
participate in the East Bergen Firefighters Mutual Aid Association
(EBFMAA).
b.
For the purpose of this Agreement, the EBFMAA consist of the following
municipalities:
c.
Whenever in the opinion of the fire chief or incident commander of
a fire or other emergency situation within the jurisdiction of the
fire department additional equipment or manpower is needed in Englewood
Cliffs to control an emergency situation, the EBFMAA can be contacted
to supply such equipment and manpower,
d.
Whenever a member town of the EBFMAA requests assistance Englewood
Cliffs Fire Department will supply the requested assistance if the
fire chief or incident commander feels sufficient resources remain
within the municipality or steps have been taken to supply such resources
to provide local fire protection coverage.
e.
The fire chief or incident commander can provide assistance as requested
by municipalities outside the EBFMAA group if such requests fall within
the guidelines of Applicable State Statutes, County Guidelines or
Office of Emergency Management (OEM) requests if the fire chief or
incident commander feels sufficient resources remain within the town
or steps have been taken to supply such resources to provide local
fire protection coverage.
f.
Englewood Cliffs Fire Department shall contribute to the EBFMAA mission
statement so as to provide a broad array of fire services with competence
and professionalism and to provide a safe environment for firefighters
and the people of our communities thought the effective and efficient
utilization of the National Incident Management System (NIMS) as adopted
by the New Jersey State Division of Fire Safety and the EBFMAA dispatching
procedures.
g.
For an out-of-county response, the EBFMAA will follow the New Jersey
Fire Service Resource Emergency Deployment Act. Refer to Section 52:14E-18/Out-of-County
Fire Service Resources.
h.
The Mayor and Council shall by resolution, make rules and regulations
governing the participation of the Englewood Cliffs Fire Department
in the EBFMAA and may also by resolution authorize the execution of
such agreements, the performance of such other acts and the expenditure
of such funds as may be required to effectuate the purposes of this
agreement.
The Borough of Englewood Cliffs shall by ordinance establish
titles for public employment by the Borough and salary ranges for
the Borough employees. (Said titles shall conform to the New Jersey
Civil Service Act and regulations promulgated by the New Jersey State
Department of Personnel).
The Borough of Englewood Cliffs 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.
The Borough 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 section shall prevail.
b.
Audio tapes. The fee for duplicating audio tapes of meetings of a
public agency of the municipality shall be the cost of duplicating
the tape.
c.
Computer records. The fee for duplicating computer records eligible
for disclosure under the law onto CD disks shall be $5 per disk.
d.
Special service charge. Whenever the nature, format, manner of collation
or volume of government record requested to be copied involves an
extraordinary expenditure of time and effort to accommodate the request,
the special service charge allowed to be charged in accordance with
this law shall be the overtime rate of the employee(s) of the Borough
of Englewood Cliffs directed by the custodian of government records
to respond to the specified request, provided the work is performed
outside regular business hours, in addition to both the direct actual
costs of duplicating and requested record requiring extraordinary
duplication methods and those requested records to be duplicated by
regular routine means readily available within the operation of the
municipality. The requestor shall have the opportunity to review and
object to the charges prior to their being incurred, as provided by
P.L. 2001, c. 404.
e.
Exceptions. Nothing in this section shall be construed as requiring
the municipality to furnish copies of any privileged documents or
those documents designated as advisory, consultative or deliberative
as defined within the law, or other documents that are not deemed
public information in accordance with N.J.S.A. 47:1A-1 et seq.
a.
All requests for discovery in the matters pending in the Borough
of Englewood Cliffs shall be submitted through the municipal prosecutor.
b.
The following fees shall be payable by the requestor to the Borough
of Englewood Cliffs 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 constitute 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 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 Englewood Cliffs, e.g. another police department, the actual
costs paid to the other entity shall be paid by the requestor.
As used in this section:
Shall mean any program sponsored by the Borough of Englewood
Cliffs, the Borough of Englewood Cliffs Recreation Commission or the
Englewood Cliffs Little League.
Shall mean the Borough of Englewood Cliffs Little League,
a nonprofit organization organized for the purpose of promoting Little
League baseball and operated under the auspices of the Borough of
Englewood Cliffs and/or the Borough of Englewood Cliffs Recreation
Commission.
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and/or fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division and/or the State Bureau of Identification of the New Jersey
State Police.
Shall mean information collected by criminal justice agencies
concerning persons and stored in the computerized data bases of the
New Jersey State Police SBI Criminal History Information System, the
National Law Enforcement Telecommunications System or other states'
computerized repositories containing criminal history record information
consisting of identifiable descriptions and notations of arrests,
indictments, or other formal criminal charges, and any dispositions
arising therefrom, including convictions, dismissals, correctional
supervision and release.
Shall mean the Borough of Englewood Cliffs Police Department.
Shall mean any purpose, other than administration of criminal
justice or criminal justice purpose, including employment and licensing,
for which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a Federal or
State statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this section, to
the State Bureau of Identification for the dissemination of criminal
history record information.
Shall mean any corporation, association or other organization
established pursuant to Title 15 of the Revised Statutes, Title 15A
of the New Jersey Statutes, or other law of this State, but excluding
public and non-public schools, and which provides recreational, cultural,
charitable, social or other activities or services for persons younger
than 18 years of age, and is exempt from Federal income taxes.
Shall mean the New Jersey State Bureau of Identification
created by P.L. 1930, c.65 (N.J.S.A. 52:1-12 et seq), a bureau within
the Division of State Police.
a.
The Borough requires that all employees and volunteers, 18 years
of age and older, of a nonprofit youth serving organization, request
through the Borough of Englewood Cliffs Recreation Commission and/or
the Englewood Cliffs Little League, that the State Bureau of Identification
conduct a criminal history record background check on each prospective
and current employee or volunteer of the organization.
b.
The Division of State Police shall inform the department and the individual whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in Subsection 2-28.4 of this section.
c.
The Borough of Englewood Cliffs Recreation Commission and/or the
Englewood Cliffs Little League shall conduct a criminal history record
background check only upon receipt of the written consent to the check
from the prospective or current employee or volunteer.
d.
The Borough shall bear the costs associated with conducting the criminal
history record background checks.
a.
Prospective or current employees and volunteers of non-profit youth
serving organizations and/or employees and volunteers of Borough-sponsored
programs involving minors shall submit their name, address, fingerprints,
other required information and written consent to the Borough of Englewood
Cliffs Recreation Commission and/or the Englewood Cliffs Little League
for the criminal history record background check to be performed.
The Borough of Englewood Cliffs Recreation Commission and/or the Englewood
Cliffs Little League shall submit this documentation to the State
Bureau of Identification.
b.
The department shall act as a clearinghouse for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to this section.
c.
The Borough of Englewood Cliffs Recreation Commission and/or the
Englewood Cliffs Little League may, in their discretion, engage the
services of a third party independent agency or a volunteer group
authorized by the chief of police to conduct the criminal history
record background checks authorized under this section.
a.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or offenses.
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., N.J.S.A. 2C:-12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A.
2C:15-1 et seq.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:14-1
et seq.
2.
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person's offenses described in Subsection a1 of this section.
3.
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination concerning the accuracy of the
criminal history record.
4.
To grant exceptions where appropriate.
b.
Findings. Not later than 45 days after the conclusion of the hearing,
the criminal background check appeal panel shall issue its findings
of fact and the panel's decision to the employee/volunteer involved
in the appeal and to the Borough of Englewood Cliffs Recreation Commission
and/or the Englewood Cliffs Little League who shall act in accordance
with the panel's decision.
Shall mean the Borough of Englewood Cliffs as well as any
board, commission or other instrumentality thereof.
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 the State Bureau of Identification in the Division of
the New Jersey State Police.
a.
In New Jersey, any crime or disorderly persons offense:
1.
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery.
2.
Against the family, children or incompetents, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.,
such as endangering the welfare of a child.
4.
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes.
|
Any crime of the fourth degree or conspiracy to commit or an
attempt to commit any of the aforesaid crimes.
|
|
For purposes of this section, a conviction exists if the individual
has been convicted at any time under the law of this State or under
any similar statutes of the United States or any other state or nation
for a substantially equivalent crime or other offense.
|
a.
No person shall be hired or appointed to any paid or unpaid office
or employment with any Borough entity without first consenting to
and undergoing a criminal history record background check.
c.
Every person serving in any paid or unpaid office or employment with
a Borough entity shall be required to undergo a periodic criminal
history background check at least every five years.
d.
All applicants shall sign a consent to permit the police to obtain
a motor vehicle abstract of their driving record.
a.
The individual applying for a position or an individual appointed
to a board or commission of the Borough entity, whether salaried,
compensated by stipend, or as a volunteer, shall submit his or her
name and address to the Borough's chief of police or his designee
and shall agree to being fingerprinted in accordance with applicable
State and federal laws, except those appointed to statutory positions
whose liability shall be controlled by said statute.
The following shall be exempt from this section: all persons covered under Ordinance 2007-17, § 2-28 entitled "Criminal History Background Checks" of employer and volunteers of non-profit youth service organizations. Applicants and members of the Englewood Cliffs Police Department pursuant to said statute.
b.
The chief of police or his designee is hereby authorized to exchange
fingerprint data with and receive criminal history record information
from the State Bureau of Investigation in the Division of New Jersey
State Police and the Federal Bureau of Investigation, and share that
information with persons or body responsible for hiring or appointing
the individual to the paid or unpaid office or employment.
c.
No individual shall be disqualified from employment or service on
the basis of the information disclosed by the criminal history background
check performed pursuant to this section without first having an opportunity
to challenge the accuracy of the disqualifying information in the
following manner.
Upon a criminal history background check and a motor vehicle
abstract check having been performed, the results of that check shall
be submitted to the police chief who shall then call for a meeting
of the committee to determine the qualification or disqualification
of the applicant or employee. If the committee decides that there
is sufficient information to call for the disqualification of the
employee or applicant, the employee or applicant shall be notified
that the committee will conduct a hearing concerning same and any
person shall have the right to appear. This proceeding shall be heard
no less than 10 nor more than 30 days after the committee has decided
to call for qualifications. At the conclusion of the hearing the committee
shall render an opinion as to whether or not the applicant or employee
shall qualify or disqualify. The applicant or employee upon disqualification
shall be entitled to appeal to the Mayor and Council with 10 days
of the decision of the committee and a further hearing shall be held
within 30 days thereafter.
The qualifying committee shall consist of the police chief or
his designee, the Mayor, the president of the Council, the committee
head of the committee for which the employee has applied or is actually
working and the administrator.
[Ord. #2011-14, S5; Ord. #12-10, S5]
a.
Any and all criminal history information obtained by the chief of
police or his designee pursuant to this section shall be filed in
a secure manner as determined by prevailing physical circumstance
or applicable technological device. This information shall not be
made available to the public and shall be exempt from public disclosure
under common law of the New Jersey Open Public Records Act.
b.
The Borough shall limit the use of criminal history only as it pertains
to the individual for who it was obtained and for the purpose it was
required by virtue of this section. Under no circumstances will such
criminal history information be disseminated to persons or entities
not authorized to receive such records.
[Ord. #2011-14, S6; Ord. #12-10, S6]
The Borough shall bear the cost of conducting criminal history
background checks as required pursuant to this section.
[Ord. #2011-14, S7; Ord. #12-10, S7]
a.
The provisions of this section shall not apply to elected municipal
office holders of the Borough of Englewood Cliffs unless voluntarily
agreed to by the individual elected official. In the event that an
elected individual volunteers to undergo the criminal history background
check, the cost therefore will be the responsibility of the elected
official and not be subject to reimbursement by the Borough.
b.
The provisions of this section shall not apply to any position, office
or employment for which New Jersey State Law requires individuals
to undergo a criminal history background check as condition of employment
or office.
c.
Any person appointed to any statutory position shall be subject only
to the provision of said statute which shall be applicable to their
appointment.
[Ord. No. 2016-01]
a.
Creation of Position. There hereby is created the position of the
Recreation Director.
b.
Appointment, Term. The Recreation Director shall be appointed by
the Mayor with the advice and consent of the Council; and the term
of the office of Director shall be at the pleasure of the Mayor and
Council. Any vacancy in this office shall be filled by appointment
of the Mayor and Council.
c.
Compensation. The Recreation Director shall receive a salary established
by the Mayor and Council in the Non Union Salary Ordinance.
d.
Duties. The Recreation Director shall supervise and administer recreation
and park activities and facilities. The Director shall be supervised
by the Borough Administrator and shall collaborate with the Recreation
Committee and Recreation Advisory Board. The duties of the Director
shall include:
1.
Prepare and submit annual department budget, subject to the approval
of the Mayor and Council;
2.
Prepare an annual Recreation Department calendar of events and deadlines;
3.
Operate and promote the Borough's recreational and park programs;
4.
Promote a safe environment for recreation and park programs and facilities;
5.
Manage and inspect all recreational facilities;
6.
Manage, inspect and maintain/order all recreational equipment and
services;
7.
Inform residents of all recreational programs;
8.
Recommend and screen all potential department staff members and coaches
for approval by the Recreation Committee, to ensure the promotion
of fair, safe and unbiased playing and coaching environment;
9.
Supervise all recreation and parks employees;
10.
Liaise with all program directors, league directors, coaches and
other volunteers;
11.
With the advice of the Recreation Advisory Board, establish rules
and regulations applicable in programming and use of parks and recreational
facilities, provided that such rules and regulations are subject to
the approval of the Mayor and Council;
12.
Cause all programs and volunteers to be in compliance with background
checks or credential programs, as may be in effect by Borough ordinance
from time to time;
13.
At each regular meeting of the Recreation Committee, report to the
Committee the status of recreation programming and park facilities
and such other matters as the Committee may request;
14.
Attend each regular meeting of the Recreation Advisory Board, provide
the Advisory Board members with requested materials and information
and provide a quarterly Recreation Department report to the Advisory
Board;
15.
Ensure compliance with the Recreation and Parks Code of Conduct by
effectively communicating and by enforcing the code as appropriate;
16.
The Recreation Director shall maintain communication with other municipal
bodies, such as the library and the schools, to minimize duplication
of efforts and to foster joint programs.
[Ord. No. 2016-01]
a.
Creation. There hereby is created a Recreation Advisory Board in
the Borough.
b.
Composition; Terms of Office. The Recreation Advisory Board shall
consist of seven members, and two alternates all of whom shall be
required to be residents of the Borough. One member shall be selected
from the membership of one of the sports leagues and shall be considered
the Sports Representative. Appointments to the Advisory Board shall
be made by the Mayor with the advice and consent of the Council. The
regular term of a member shall be four years. However the initial
members of the Advisory Board shall have staggered terms, with three
initial members having terms of three years and four members have
terms of four years. The terms of the alternates shall be for two
years. In the event a vacancy occurs on the Advisory Board, the term
shall be filled for the unexpired term in the same manner as the original
appointment. A member's position on the Advisory Board may be deemed
vacated by the Mayor and Council if such member fails to attend three
consecutive regular monthly meetings of the Advisory Board. The Chairperson
of the Borough's Recreation Committee shall be the Council liaison
and a voting member of the Recreation Advisory Board.
c.
Organization.
1.
The Recreation Advisory Board shall annually elect a Chairperson
by January 31st. The term of office shall be one calendar year. The
Chairperson shall prepare the agenda for all Advisory Board meetings;
2.
The Recreation Advisory Board shall meet no less than six times per
year and as needed when called by the Advisory Board Chair;
3.
The Recreation Advisory Board may establish subcommittees, as necessary,
to assist the Advisory Board in meeting its needs.
d.
Responsibilities. The responsibilities of the Recreation Advisory
Board shall include:
1.
The Recreation Advisory Board shall liaise with the Recreation Director
and the Recreation Committee Chairperson regarding programs, the development
of new initiatives, and the management of existing programs;
2.
The Recreation Director shall advise the Recreation Advisory Board
of the annual budget for the Recreation Department after the approval
by the Governing Body;
3.
The Recreation Director shall maintain communications with recreational
quasi — municipal organizations in order to coordinate the use
of facilities, and establish consistent policies and cooperation among
various groups;
4.
The Recreation Advisory Board shall develop guidelines for the recreational
use of playgrounds and recreational facilities in the Borough, consistent
with rules governing the use thereof as may be adopted from time to
time by the Mayor and Council;
5.
The Recreation Director/Recreation Advisory Board shall encourage
and plan special entertainment activities for all the citizens of
the Borough throughout the year.
[Ord. No. 2016-01]
a.
The Recreation Director may make recommendations to the Borough Administrator
as to the establishment of any new staff positions it deems necessary
for the successful operation of the Borough's recreation programs.
The responsibility for the having of such employees shall be vested
with the Borough Administrator; with the advice and consent of the
Borough Council. Any such employee shall be under the immediate supervision
of the Recreation Director, who, in turn, shall be under the Borough
Administrator.
b.
As assigned by the CFO, the Recreation Director shall prepare and
submit to the Borough Administrator a proposed budget for the Borough's
recreation program. Prior thereto, the Recreation Director shall obtain
and review budget requests from each of the various recreational program
organizations, which shall be used in the budget preparation notice.
c.
The Recreation Committee and Director shall also study matters as
may be referred to it by the Mayor and Council, and shall report its
findings and conclusions thereon in writing to the Mayor and Borough
Council as soon as reasonably possible.[1]
[1]
Editor's Note: Former § 2-31, Public Contracts,
adopted 12-12-2018 by Ord. No. 2018-18, was repealed 2-13-2019 by
Ord. No. 2019-02.
