[1982 Code § 3-84; Ord. #598]
Standards and rules of administrative practice and procedure
prescribed and issued by the Administrator, pursuant to the Charter
and this chapter, shall supersede any department regulation, except
as may be specifically prohibited by State Statute. All such directive
shall be filed with the Borough Clerk as required by Charter.
[1982 Code § 3-85; Ord. #598]
No rule or regulation made by any department shall, except upon
written approval of the Administrator, take effect until at least
10 days after it is filed with the Borough Clerk as required by the
Charter. This limitation of time shall not apply, however, to any
order, rule or regulation which relates solely to the organization
or internal management of the municipal government or a part thereof.
The Borough Clerk shall maintain a docket of all orders, rules and
regulations filed in his office, which docket shall show the name
of the issuing department, a brief description of the subject matter
and the date of filing.
[Ord. #97-956; Ord. #2015-1389]
The purpose of this section is to establish an incentive program
to increase enrollment in Volunteer Fire Companies and Emergency Medical
Service (EMS) squads and volunteer emergency management personnel
within the Borough of Tinton Falls and to reward such volunteers for
their tireless efforts, and their many hours spent to preserve and
protect the health, safety, property and welfare of the residents
of the Borough of Tinton Falls, 24 hours per day, 365 days per year,
without compensation.
[Ord. #97-956; Ord. #2013-1358; Ord. #2015-1389]
As used in this section:
Shall mean any person who has been certified in writing by
the Chief or President of a Volunteer Fire Company or by the Captain
or President of a Volunteer Emergency Medical Services (EMS) Squad
within the Borough of Tinton Falls to have served at least one year
of continuous volunteer service in the company or squad in responding
to emergency calls. The names of such individuals will be submitted
by the appropriate Chief, Captain or President to the Borough Clerk
on the 1st of January and 1st of July each year. Member in good standing
shall also mean any person who has been certified in writing by the
Tinton Falls Emergency Management Director/Coordinator as volunteer
emergency management personnel. The names of volunteer emergency management
personnel will be submitted by the Emergency Management Director/Coordinator
to the Borough Clerk on the 1st of January and 1st of July each year.
Shall mean any individual contributing services to a Volunteer
Fire Company or Volunteer Emergency Medical Services (EMS) Squad or
volunteer emergency management personnel within the Borough of Tinton
Falls without remuneration or without a formal agreement or contract
for hire.
[Ord. #97-956; Ord. #2013-1358; Ord. #2015-1389; Ord. No. 2017-1414]
a.
The provisions of this section shall be limited solely to those persons
who are volunteers in any Volunteer Fire Company or Volunteer Emergency
Medical Services (EMS) Squad within the Borough and who are certified
by the Chief, Captain or President of their respective volunteer organizations
who respond to emergency calls. Names of such individuals will be
submitted by the Chief, Captain or President to the Borough Clerk
once annually each year.
b.
The provisions of this section shall also apply to volunteer emergency
management personnel within the Borough who are certified by the Tinton
Falls Emergency Management Director/Coordinator. The names of volunteer
emergency management personnel will be submitted by the Emergency
Management Director/Coordinator to the Borough Clerk on the 1st of
January and 1st of July each year.
[Ord. #97-956; Ord. #2015-1389]
Every member in good standing of a Volunteer Fire Company or
Volunteer Emergency Medical Services (EMS) Squad or volunteer emergency
management personnel shall be entitled to the following benefits from
the Borough:
a.
Exemption from the payment of any Tinton Falls Borough fees for the
Borough recreation activities, Borough training programs, Borough
licenses and permit fees, fees for the use of Borough buildings and
facilities and Borough programs up to a maximum of $300 per year,
provided the fee or charge is for the personal and nonprofit use of
such member in good standing. Where fees include monies payable to
the State and/or County, only the municipal portion of these fees
may be waived.
[Ord. #97-956; Ord. #2015-1389]
a.
Fees, licenses and permits associated with any for profit activity;
b.
Fees and escrows required by either the Planning Board or Board of
Adjustment in connection with any variance, site plan or subdivision
application;
c.
Escrows associated with any engineering applications and engineering
inspection fees in connection with any application set forth in paragraph
b;
d.
Posting of performance or maintenance guarantees;
e.
Borough of Tinton Falls Sewerage Authority charges;
f.
Certificate of occupancy and continuing of occupancy fees; and
g.
Zoning permit fees.
[Ord. #97-956; Ord. #2015-1389]
As deemed necessary for the administration of this plan the
Borough Clerk may require each individual qualified hereunder to fill
out any form designated by that official to provide such information
necessary to qualify for the exemption.
[Ord. #97-956; Ord. #2015-1389]
The Borough Administrator is hereby authorized to enforce the
provisions of this section.
[Ord. #97-956; Ord. #2015-1389]
Any person committing an offense against the provisions of this
section shall be guilty of a violation to be punished by a fine not
to exceed $300.
[Ord. #00-1012, § 1]
An ordinance banning the use of government buildings and government
equipment for political fundraising.
[Ord. #00-1012, § 2]
Whereas political contributions have a profound impact on government
decision making; and
Whereas our laws in New Jersey do not presently ban solicitation
or acceptance of contribution by public office holders and employees
while on public property or by use of public facilities; and
Whereas a conflict may arise between the business of political
fundraising and the business of government in town hall and other
government-owned premises, and this may cause a distraction from the
people's business; and
Whereas the most appropriate method to prevent this conflict
and to insure the integrity of government decisions is the prohibition
of political fundraising on or by use of public property.
Therefore, it is accordingly found and determined that the paramount
public interest in a clean and accountable government requires the
prohibition of political fundraising on public property or by use
of public facilities.
[Ord. #00-1012, § 3]
Shall mean any individual seeking election to a public office
of the Federal government, State, county, municipality, school district
or political organization at an election.
Shall mean and include all loans and transfers of money or
other thing of value to or by any candidate, elected official or political
organization and all pledges or other commitments or assumptions of
liability to make any such transfer. Contributions shall be deemed
to have been made upon the date when such commitment is made or liability
assumed.
Shall mean any person holding elective municipal office or
holding an appointed position in the municipal government, or in any
agency, commission, board, or office thereof, whether the position
is full time or part time, compensated or uncompensated; and any employee
of municipal government or in any agency, commission, board, or office
thereof, whether the position is full time or part time.
Shall mean this municipality and any officer, department,
board, commission, or agency thereof.
Shall mean any two or more persons acting jointly, or any
corporation, partnership or any other incorporated or unincorporated
association which is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for Federal, State,
county, municipal or school board office. "Political organization"
includes, but is not limited to, organizations otherwise defined as
"political committee," "joint candidates committee," and "legislative
leadership committee."
Shall mean buildings, land, vehicles, phones, fax machines,
computers or other office equipment or supplies and other real or
personal property owned, leased or controlled by the municipality,
except for public roads and open park land.
Shall mean to seek by oral or written communication a contribution
as same is defined herein.
[Ord. #00-1012, § 4]
a.
Prohibition Against Soliciting or Accepting Political Contributions
on Public Property.
1.
No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any contribution
for any candidate, elected official or political organization while
in or on the property of the municipality or utilizing the property
of the municipality.
b.
Prohibited Forms of Fundraising.
1.
Prohibited forms of fundraising shall include but are not limited
to:
(a)
Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
(b)
Soliciting or accepting contributions using personal telephones
while on the property of the municipality.
(c)
Soliciting or accepting contributions through the use of publicly
owned computers or privately owned personal computers while on the
property of the municipality.
(d)
Using municipal letterhead to solicit or accept contributions.
(e)
Sending correspondence from municipal buildings or by use of
municipal services, equipment or postage.
(f)
Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the municipality.
(g)
Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
c.
Reporting Requirements. It shall be the responsibility of any employee,
appointed, or elected official who observes any prohibited forms of
fundraising to report such conduct to the municipal ethics board,
if one exists, or in the alternative, to the Municipal Prosecutor
and the Municipal Clerk who shall report same to the governing body.
d.
Whistle-blower Provision. It shall be unlawful for any employee,
elected official or appointee to be dismissed, reprimanded, retaliated
against or otherwise intimidated for complying with the reporting
requirements mandated by this section.
e.
Violation. Violation of any provision of this section shall be punished
by a period of community service not exceeding 90 days or imprisonment
in the County Jail for a term not exceeding 90 days or a fine not
exceeding $1,000.
[Ord. #05-1145]
The Borough Council of the Borough of Tinton Falls has the responsibility
of acting as the local Alcoholic Beverage control Board regulating
entities or establishments holding licenses in the Borough of Tinton
Falls pursuant to New Jersey Alcoholic Beverage Control Act, N.J.S.A.
33:1-1 et seq.
The New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1
et seq. and the Courts recognize the rights of a municipality to regulate
alcoholic beverages to protect the health, safety and welfare of the
people and to prevent liquor licenses from obtaining influence in
the area of liquor regulation.
The Borough council of the Borough of Tinton Falls has committed
itself to reducing the influence of contributions of money, pledges,
other contribution, including in-kind contributions or purchase of
tickets, advertisements or the like which proceeds will be used by
or on behalf of or to (1) any candidate having ultimate responsibility
for the awarding of the contract or (2) any municipal party committee
or (3) any County or State committee which might contribute the funds
to a candidate or Mayor or Borough Council of the Borough of Tinton
Falls.
The governing body wishes to ensure that the public has the
highest trust in its officials and to assure the public that impartiality
and independence of judgment is maintained.
The governing body hopes to prevent the conduct of Borough's
business from being subject to improper influence or even the appearance
of improper influence.
The policy of the Borough of Tinton Falls will be to exclude
owners or holders of liquor licenses from contributing to individuals
or political tickets running for office. If an owner of a liquor license
makes a campaign contribution directly or indirectly as defined herein,
they will be ineligible to receive a liquor license or renewal of
existing license by the Borough of Tinton Falls.
[Ord. #05-1145]
a.
No licensed establishment or applicant for a liquor license shall
solicit or make any contribution of money or pledge or contribution
including in-kind contributions or purchase of tickets, advertisements
or the kind, to any candidate for Mayor or Borough Council of the
Borough of Tinton Falls or to any municipal political party committee,
County or State committee who is to make a contribution to a candidate
in violation of this section.
b.
For purposes of this section, a "licensed establishment" or "applicant
for license" means any person or entity holding or applying for any
license in the Borough of Tinton Falls under the provisions of the
New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
and shall include, a person, firm, corporation, partnership, organization
or association with any ownership interest in any alcoholic beverage
license regulated by the Borough of Tinton Falls. This definition
shall include an individual as well as include the individual's spouse,
if any, and any child living at home; all members, partners, shareholders,
officers, directors, trustees, subsidiaries or related entities of
any licensed establishment or applicant for a license.
c.
For the purpose of this section, a "licensed establishment" or "applicant
for license" shall not include a not-for-profit corporations, its
members or board of trustees.
[Ord. #05-1145]
No contribution of money or any other thing of value, including
any in-kind contributions, made by a licensed establishment or applicant
to any municipal candidate for Mayor or Borough Council, or municipal
party committee, County or State party committee shall be deemed a
violation of this section, nor shall an agreement for property, goods,
or services of any kind whatsoever, be disqualified thereby, if that
contribution was made by a licensed establishment or an applicant
prior to the effective date of this section.[1]
[1]
Editor's Note: Ordinance No. 05-1145, codified herein, was
adopted March 15, 2005 and become effective April 5, 2005.
[Ord. #05-1145]
a.
Prior to awarding any license to an applicant or renewal of a liquor
license held by any licensed establishment, the Borough shall receive
a sworn statement from the applicant or licensed establishment, under
penalty of perjury that the applicant or licensed establishment had
not made a contribution in violation of this section and has not made
or solicited contributions through intermediaries for the purpose
of concealing the source of any contribution.
b.
The applicant or licensed establishment shall have a continuing duty
to report any violations of this section that may occur. The certification
required under this subsection shall be in addition to any other certifications
that may be required by any other provision of law.
[Ord. #05-1145]
Any applicant for a liquor license or licensed establishment
who knowingly makes a contribution or who fails to reveal a contribution
made in violation of this section, or who knowingly makes or solicits
contributions through intermediaries for the purpose of concealing
or misrepresenting the source of the contribution, shall be disqualified
from eligibility for holding or applying for any liquor license of
the Borough of Tinton Falls.
[Ord. #05-1146; Ord. #11-1320]
Professional business entities are exempt from public bidding
requirements.
There is the potential for professional business entities or
redevelopers to make substantial political contributions to the election
campaigns of the local government elected officers who are ultimately
responsible for awarding professional service contracts or redevelopment
agreements.
Substantial local political contributions from professionals
receiving discretionary contracts from the elected officials who receive
such contributions raise reasonable concerns on the part of the taxpayers
as to their trust in the process of local government, as well as the
quality or cost of services received.
Pursuant to P.L. 2005, c.271, municipalities have the right
to establish rules and procedures for contracting with professional
business entities.
The policy of the Borough of Tinton Falls will be to set maximum
amounts that professional business entities may contribute politically
beyond which they become ineligible to receive a public professional
service contract from the Borough.
[Ord. #05-1146; Ord. #11-1320]
a.
Any other provision of law to the contrary notwithstanding, Tinton
Falls or any of its purchasing agents or agencies, including all boards
and commissions, or any of its independent authorities, as the case
may be, shall not enter into an agreement or otherwise contract to
procure services from any professional business entity, if that entity
has solicited or made any contribution of money, or pledge of a contribution,
including in-kind contributions or purchase of tickets, advertisements
or the like, which proceeds will be used by or on behalf of or, to
a Tinton Falls campaign committee of any candidate or holder of the
public office having ultimate responsibility for the award of the
contract, or to any Tinton Falls or Monmouth County Party Committee,
in excess of the thresholds specified in paragraph d within two calendar
years immediately preceding the date of the contract or agreement
or during the term of such a contract or agreement.
b.
No professional business entity which enters into negotiations for,
or agrees to, any contract or agreement with the municipality or any
department, board, commission or agency thereof or of its independent
authorities for the rendition of professional services shall knowingly
solicit or make any contribution of money, or pledge of a contribution,
including in-kind contributions or purchase of tickets, advertisements
or the like, which proceeds will be used by or on behalf of or up
to 1) any candidate or holder of the public office having ultimate
responsibility for the award of the contract; or to 2) any Tinton
Falls Party Committee; 3) any Monmouth County Party Committee (unless
during the preceding calendar year no contribution of money or in-kind
contribution in an amount sufficient to require reporting on the local
campaign election law report has been made to the local candidate
or Tinton Falls Party Committee by the Monmouth County Party Committee
to which the professional business entity may have contributed; or
4) any political action committee (unless during the preceding calendar
year no contribution of money or in-kind contribution in an amount
sufficient to require reporting on the local campaign election law
report has been made to the local candidate or political action committee
by the Monmouth County Party Committee to which the professional business
entity may have contributed) between the time of first communications
between that business entity and the Borough regarding a specific
professional services agreement and the later of the termination of
negotiations or the completion of the contract or agreement.
c.
For purposes of this section, a "professional business entity" seeking
a public contract means an individual including the individual's spouse,
if any, and any child living at home, person, firm, corporation, professional
corporation, partnership, organization, association, or redeveloper
who has a redevelopment agreement with the Borough under the Local
Housing & Redevelopment Law. The definition of a business entity
includes all principals who own or maintain any equity interest in
the corporation or business trust, partner, and officers in the aggregate
employed by the entity as well as any subsidiaries directly controlled
by the business entity.
d.
Any individual meeting the definition of "professional business entity"
under this subsection may annually contribute a maximum of $300 each
for any purpose to any candidate for Borough Council, or $300 to any
Tinton Falls Party Committee, Monmouth County Party Committee or political
action committee, without violating paragraph a of the subsection.
However, any group of individuals meeting the definition of "professional
business entity" under this subsection, including such principals,
partners, and officer of the entity in the aggregate, may not annually
contribute for any purpose in excess of $2,500 to all Tinton Falls
Candidates and officeholder with ultimate responsibility for the award
of the contract, and all Tinton Falls or Monmouth County Political
Parties and political action committees combined, without violating
paragraph a of this subsection.
e.
For the purpose of this subsection, the office that is considered
to have ultimate responsibility for the award of the contract shall
be the Office of the Mayor. However, the restrictions of this section
apply to boards, commissions or agencies of the Borough whose appointments
of professionals either require the approval of the Mayor or the Borough
Council or whose operating funds are subject to appropriation by the
Borough Council.
[Ord. #11-1320]
a.
No candidate committee for any candidate for Tinton Falls Mayor or
Borough Council shall accept a contribution from a county committee
of a political party, other than the County committee of the County
in which the candidate or candidates reside, in excess of $500 per
election.
b.
No candidate committee for any candidate for Tinton Falls Mayor or
Borough Council shall accept a contribution from a State political
party in excess of $500 per election.
c.
No candidate committee for any candidate for Tinton Falls Mayor or
Borough Council shall accept a contribution from a legislative leadership
committee in excess of $500 per election.
d.
No candidate committee for any candidate for Tinton Falls Mayor or
Borough Council shall accept a contribution from a continuing political
committee or PAC in excess of $500 per election.
e.
No candidate committee for any candidate for Tinton Falls Mayor or
Borough Council shall accept a contribution from another candidate
committee, other than from a candidate committee located in at least
part of Monmouth County, in excess of $500 per election.
f.
No candidate committee for any candidate for Tinton Falls Mayor or
Borough Council shall accept a contribution from a municipal political
party committee, other than a municipal political party committee
of a municipality located in Monmouth County, in excess of $500 per
election.
[Ord. #05-1146; Ord. #11-1320]
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
Tinton Falls Candidate for Borough Council, or Tinton Falls Party
Committee, Monmouth County Party Committee or political action committee
shall be deemed a violation of this section, nor shall an agreement
for property, goods, or services, of any kind whatsoever, be disqualified
thereby, if that contribution was made by the professional business
entity prior to the effective date of this section.[1]
[1]
Editor's Note: Ordinance No. 05-1146, codified herein, was
adopted March 15, 2005 and became effective April 5, 2005.
[Ord. #05-1146; Ord. #11-1320]
a.
Prior to awarding any contract or agreement to procure services with
any professional business entity, the Borough or any of its purchasing
agents or agencies, as the case may be, shall receive a sworn statement
from the professional business entity, made under penalty of perjury
that the bidder or offeror has not made a contribution in violation
of this section hereof and has not made or solicited contributions
through intermediaries for the purpose of concealing the source of
the contribution(s).
b.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation,
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. #05-1146; Ord. #11-1320]
A professional business entity or Borough candidate or officeholder
or Tinton Falls or Monmouth County Party Committee may cure a violation
of this section hereof, if, within 30 days after the general election,
the professional business entity notifies the Borough Council in writing
and seeks and receives reimbursement of a contribution from the Borough
candidate, Tinton Falls Political Party, Monmouth County Political
Party or political action committee.
[Ord. #05-1146; Ord. #11-1320]
It is anticipated that there may be some professional business
entities which determine to attempt a legalistic adherence to the
letter, rather than the spirit of this section. It is the declared
intent of this municipal governing body to remain vigilant to recognize
such attempts to subvert the underlying purposes for which this section
was adopted. Any professional business entity which may attempt such
creative subversion does so at its peril. If and in the event creative
actions are taken in order to defeat the purposes of this section,
it is the intention of the governing body to enact appropriate clarification
of this section, which clarification shall be retroactive to the initial
effective date of this section,[1] thereby disqualifying such creative professional business
entities from serving the Borough. Changes to this section which are
not for purposes of clarification, but which are amendments to the
provisions hereto, shall become effective upon adoption and publication
according to law.
[1]
Editor's Note: Ordinance No. 05-1146, codified herein, was
adopted March 15, 2005 and became effective April 5, 2005.
[Ord. #05-1146; Ord. #11-1320]
This section may be repealed only upon three affirmative votes
of the governing body.
[Ord. #05-1146; Ord. #11-1320]
a.
All Borough professional service agreements shall provide that it
shall be a breach of the terms of the government contract for a professional
business entity as defined in this section to violate this section
or to knowingly conceal or misrepresent contributions given or received,
or to make or solicit contributions through intermediaries for the
purpose of concealing or misrepresenting the source of the contribution.
b.
Any professional business entity as defined in this section who knowingly
fails to reveal a contribution made in violation of this section,
or who knowingly makes or solicits contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution, shall be disqualified from eligibility for future Borough
contracts for a period of four calendar years from the date of the
violation.
