[Ord. No. 2003-12 §§ 1-2; Ord. No. 2011-6 §§ 1-12]
a. Agreement Authorized. Pursuant to the authority found in N.J.S.A.
2B:12-1b:
1. An interlocal services agreement entitled "Agreement Between the
Borough of Woodstown, Mannington Township, Borough of Elmer, Quinton
Township and Oldmans Township to Establish the "Mid Salem County Municipal
Court" hereafter referred to as "said Agreement" which agreement is
on file in the Office of the Elmer Borough Clerk, Municipal Building,
120 South Main Street, Elmer, New Jersey, and available for public
inspection between 9:00 a.m. and Noon, Monday through Friday, is hereby
authorized to be entered into by Elmer Borough, and its Mayor and
Clerk are authorized to sign same as evidence of this authorization.
b. Court Established. By this section and said Agreement, and by similar
ordinances adopted by the Township of Mannington, Borough of Woodstown,
the Township of Quinton and the Township of Oldmans, there is established
a single Mid Salem County Municipal Court for the Borough of Woodstown,
Mannington Township, Borough of Elmer, Quinton Township and Oldmans
Township entitled "The Mid Salem County Municipal Court" hereinafter
referred to as the "Mid Salem County Municipal Court." The jurisdiction
of this Mid Salem County Municipal Court shall be coextensive with
the territories of Mannington Township, the Borough of Woodstown,
the Borough of Elmer, Quinton Township and Oldmans Township, in Salem
County, New Jersey.
c. Municipal Court Judge. The Judge of the Mid Salem County Municipal
Court shall be nominated and appointed by the Governor of the State
of New Jersey, with the advice and consent of the Senate of the State
of New Jersey, and shall serve for a term of three years from the
date of appointment and until a successor is appointed and qualified.
d. Appointment of Personnel. The Administrator, Deputy Administrator(s),
Prosecutor, Public Defender and all other personnel shall be appointed
by mutual agreement and duplicate resolutions by Mannington Township,
hereinafter referred to as "Mannington," the Borough of Woodstown,
hereinafter referred to as "Woodstown," the Borough of Elmer, hereinafter
referred to as "Elmer," Quinton Township, hereinafter referred to
as "Quinton" and Oldmans Township, hereinafter referred to as "Oldmans."
e. Effective Date. The Mid Salem County Municipal Court shall become
effective and commence on April 1, 2011 and on that date the Woodstown-Mannington-Elmer-Quinton
Municipal Court heretofore existing for the Borough of Woodstown,
Mannington Township, Borough of Elmer, and Township of Quinton shall
be abolished and their functions, power and duties, records, and pending
cases shall be transferred to the Mid Salem County Municipal Court
established pursuant to this section and by a similar ordinance adopted
by the Borough of Woodstown, Mannington Township, Quinton Township
and Oldmans Township and by agreement between them.
f. Location. Woodstown shall furnish all facilities, such as court room,
judge's chamber, administrator's office, violations bureau, recording
equipment, phones, computers, filing cabinets and furniture for the
proper administration of justice in the Mid Salem County Municipal
Court.
g. Mid Salem County Municipal Court Committee. A Mid Salem County Municipal
Court Committee shall be formed consisting of one representative appointed
by Woodstown, one representative appointed by Mannington, one representative
appointed by Elmer, one representative appointed by Quinton and one
representative appointed by Oldmans. This Mid Salem County Municipal
Court Committee shall establish the times and place when the Mid Salem
County Municipal Court shall be convened and determine such other
details regarding the administration of the Court that do not require
action by the governing bodies.
h. Compensation; Expenses. Compensation for the Judge, Administrator,
Deputy Administrator, Prosecutor and all other personnel for the Joint
Court shall be fixed by mutual agreement and duplicate ordinances
adopted by Woodstown, Mannington, Elmer, Quinton and Oldmans. The
expenses for the operation of the Mid Salem County Municipal Court
shall be approved by Woodstown, Mannington, Elmer, Quinton and Oldmans.
Woodstown shall make payment of said compensation and expenses and
shall be reimbursed by Mannington, Elmer, Quinton and Oldmans for
their share of same, upon presentation of monthly vouchers addressed
to Mannington, Elmer, Quinton and Oldmans from Woodstown. A Joint
Municipal Public Defender shall be appointed to defend all cases for
which assigned counsel is required. Total expenditures for compensation
and expenses for each year shall be Joint by the municipalities with
Woodstown paying 20%, Mannington paying 19%, Elmer paying 29%, Quinton
paying 12% and Oldmans paying 20%. In addition to this allocation
of expenses, Mannington, Elmer, Quinton and Oldmans shall each pay
to Woodstown a separate sum to be agreed from time to time for administration
and overhead expenses. This rate of sharing shall continue until and
unless changed by mutual agreement between the parties which may be
approved by mutual resolutions, and shall be reviewed annually.
i. Disposition of fines, costs, fees. All fines, costs, fees, penalties
and forfeitures, including forfeitures of bail, imposed by the Mid
Salem County Municipal Court, and any other funds, which are distributed
to local municipalities, shall be paid over and forwarded to the Financial
Officer for that municipality in which the complaint, charge, events,
acts or violation arose which produced the particular fine, cost,
fee, penalty, forfeiture or other funds. Distribution of such monies
shall be made on a monthly basis directly to the respective municipalities
along with a monthly report. Each municipality shall receive a copy
of the monthly reports.
j. Withdrawal of Municipality. The Mid Salem County Municipal Court
shall continue indefinitely on a year to year basis unless terminated
by either the Township of Mannington, the Borough of Woodstown, the
Borough of Elmer, the Township of Quinton or the Township of Oldmans
adopting an ordinance prior to September 1 withdrawing its municipality
from said Mid Salem County Municipal Court effective December 31 of
that same year and after advance written notice to the other municipalities
prior to September 1 for the termination on December 31 of that same
year.
k. Amendment of Agreement. The provisions of this section may be subject
to modification from time to time and may be amended by the parties
by mutual agreement, including the adoption of duplicate resolutions,
or ordinances when necessary, by the respective municipalities.
l. All employees of the Mid Salem County Municipal Court shall receive
an annual salary as set forth on the Annual Salary Ordinance adopted
for the Borough of Woodstown.