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Borough of Surf City, NJ
Ocean County
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Table of Contents
Table of Contents
[1969 Code § 2-8.1]
There shall be a Department of Finance of the Borough of Surf City which shall have jurisdiction over all business pertaining to finance. The Chief Financial Officer, when so appointed by the Mayor and Council, shall be the Director of the Department of Finance.
[1969 Code § 2-8.2; Ord. No. 76-3 § 1; Ord. No. 81-5; Ord. No. 99-17 § V]
a. 
Borough Treasurer. Within the Department of Finance there shall be a Division of the Treasury, the head of which shall be the Borough Treasurer. The Collector, when so designated by the Mayor and Council, shall be the Borough Treasurer. The Treasurer shall serve for a term of four years.
b. 
Powers and Duties of the Treasurer. The Treasurer shall have, perform and exercise all of the functions, powers and duties provided by general law and Borough ordinances. The Treasurer shall keep and maintain books and records of all financial transactions of the Borough in accordance with the standards and requirements of the Division of Local Government in the Department of the Treasury of the State of New Jersey. He shall have custody of all public monies of the Borough and shall make monthly reports to the Mayor and Council of all receipts, expenditures, commitments and unexpended appropriations. All monies received from any source by or on behalf of the Borough or any department, board, office or agency thereof, except as otherwise provided by Borough ordinance, shall be paid to the Treasurer who shall, by the next ensuing bank day after their receipt, deposit them in the authorized public depository of the Borough to the credit of the proper account.
c. 
Purchase Order System. All future purchases shall be made on numbered purchase orders printed in triplicate, and the amounts authorized shall be as follows:
1. 
On the signed approval of the department head, $1,000.
2. 
Over $1,000 but not over $2,000 with the signed approval of the Chairman of the Committee with two members of Council. In the absence of the Chairman of the Committee, any member of the Committee.
3. 
Over $2,000 by the Mayor and a majority of the Council.
Purchase orders shall be distributed as follows: Original copy to the vendor; second copy to the Treasurer (Borough office), and the third copy to the Borough Clerk.
d. 
Disbursements. Disbursements in payment of bills and demands shall be made by the Clerk in the following manner:
1. 
Any person claiming payment of funds from the Borough shall present to the Borough Clerk a detailed bill of demand, certified by the claimant to be correct.
2. 
The claim shall not be presented by the Clerk for approval until there has been endorsed thereon the certificate of an officer or duly designated employee of the Borough having knowledge of the fact that the materials have been received by, or the services rendered to, the Borough.
3. 
After having been duly certified as provided above, the Clerk shall submit the claim to the Chairman of the Committee, or his designated representative responsible for the placing of the order, for the materials or services. After such approval has been endorsed on the claim, it shall be presented to the governing body for formal approval at a regular meeting. The approving resolution shall be signed by the Mayor or Acting Mayor to indicate that he has examined the claim and it was approved for payment.
4. 
Claims shall be considered by the governing body, which shall approve the same; except that the governing body may reject any claim submitted to it, stating the reason for such rejection.
5. 
It shall be the duty of the Borough Clerk to record all claims in the official minutes indicating that the governing body has by formal action approved the same, with appropriate record as to any claims rejected or disapproved in whole or in part.
6. 
Every warrant shall be in the form of a warrant check payable to the order of the person entitled to receive it, and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant check shall bear the signatures of the Mayor or Acting Mayor, the Treasurer or Acting Treasurer and the Clerk.
e. 
Payroll Account. There shall be an account to be designated the Borough of Surf City Payroll Account and the Borough Treasurer, upon receipt of a warrant or an amount due such payroll account, shall deposit the same to the credit of the payroll account, charging the appropriate budgetary account therewith. Disbursement from the payroll account may be made by payroll checks signed by the Treasurer, or someone authorized by the Mayor and Council to act in the Treasurer's stead, or the Clerk upon pre-audit and warrant of the Director of the Department of Finance and approval by the Mayor and Council of the entire payroll. In case of error or adjustment in the payroll the Treasurer shall, and it shall be his duty to, make proper correction and appropriate record of such correction. The payroll account shall be drawn as follows:
1. 
In advance for all employees whose salaries are on an annual or weekly basis when such salaries are due and payable prior to the next regular meeting of the governing body.
2. 
In advance for all employees whose compensation is on an hourly basis when the compensation has been approved by some designated responsible official and a member of the appropriate committee and has been certified to the Borough Treasurer.
f. 
Travel Expenses. When it is determined by the department head, Mayor or Borough Council that it necessary for an employee to use privately owned vehicles for attendance of a municipally authorized assignment, school, seminar or meeting, the employer agrees to reimburse the employee, in the amount permitted by the Internal Revenue Service for mileage reimbursement for miles traveled to said authorized assignment, school, seminar or meeting.
The employer may also agree to pay for or reimburse the employee for other expenses such as lodging and meals which are incurred out of the attendance at said authorized assignment, school or seminar in accordance with that which is permissible by law.
Said money shall be reimbursed to the employee upon submission of a proper voucher containing itemized claims supported by receipts, where available, to the Chief Financial Officer which shall be paid to the employee in the normal course of business by the Borough.
The employee shall be responsible for retaining all necessary insurance for his or her automobile and shall make no claim against and hold harmless the employer for any damages arising out of the employee's use of his or her automobile.
Any such attendance at an assignment, school, seminar or meeting and/or use of personal vehicle must be approved by the department head with notification being given to the Borough Administrator.
No employee will be reimbursed for mileage including, but not limited to driving to and from their place of employment, attendance at any appointment to a doctor or other professional for an accident, illness or injury necessitated by a workman's compensation or disability claim, or for attendance at a meeting of a professional association or organization.
[1969 Code § 2-8.3]
Within the Department of Finance there shall be a Division of Tax Collection, the head of which shall be the Borough Tax Collector.
[1969 Code § 2-8.4]
Within the Department of Finance there shall be a Division of Tax Assessments, the head of which shall be the Board of Tax Assessors. The Board of Tax Assessors shall consist of three members who are residents and citizens of the Borough and who shall be appointed by the Mayor, with the advice and consent of the Council, to serve for terms of four years each, provided that the Mayor shall designate one of such members as Secretary. All vacancies in the Board shall be filled in the manner of the original appointment for the unexpired term only. Prior to their appointment, the members of the Board shall be qualified by training or experience, or a combination thereof, in the valuation and assessment of real and personal property. Such qualifications prior to appointment shall include the holding of a certificate pursuant to N.J.S.A. 54:1-35.30. The Board of Tax Assessors shall:
a. 
Have, perform and discharge all the functions, powers and duties prescribed by law for a Municipal Assessor.
b. 
Make assessments for benefits for local improvement and for that purpose have and exercise the powers and duties of a Board of Assessment for local improvement as provided by law.
c. 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
d. 
Maintain a current tax map of the Borough as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by the Code.
[Ord. No. 89-1 § 1; New]
Pursuant to N.J.S.A. 40A:9-140.1, there is hereby created the position of Chief Financial Officer for the Borough as follows:
a. 
The Chief Financial Officer shall be appointed by the Mayor with the advice and consent of Council for a period of four years.
b. 
The Chief Financial Officer shall have the powers and perform all the duties of a Chief Financial Officer as designated by the Legislature through New Jersey statutes and in accordance with the regulations, forms and procedures according to the Administrative Procedure Act.
[Ord. No. 78-9]
There shall be a Department of Water and Sewer which shall be headed by the Superintendent of Water and Sewer.
[Ord. No. 78-9]
The Department of Water and Sewer shall:
a. 
Operate, maintain and repair the Borough water works and water supply treatment and distribution system.
b. 
Have charge of the main stop valves, fire hydrants and other fixtures of the water system.
c. 
Supervise the laying of all new mains, and repair all pipes, fire hydrants and other fixtures, provided that no new work shall be constructed or undertaken without first being authorized by the Water Committee of the Borough Council.
d. 
Operate, maintain and repair the Borough sanitary sewer system.
e. 
Perform such other duties as are necessary to maintain and operate the water and sewer system within the Borough and such other duties as prescribed by the Borough Council by further resolution concerning the maintenance and operation of the sewer and water system.
[1969 Code § 2-11.1]
The Borough Superintendent shall be the Director of the Department of Streets and Roads.
[1969 Code § 2-11.2]
Under the direction and supervision of the Borough Superintendent the Department shall:
a. 
Maintain and repair all Borough streets, bridges, culverts and drains.
b. 
Construct and reconstruct streets, bridges, culverts and drains; treat road surfaces and resurface streets according to such standards and schedules as directed or approved by the Borough Engineer.
c. 
Maintain all Borough streets in a clean and safe condition, free of obstructions and hazards, and remove snow and ice therefrom as required.
d. 
Study problems of street traffic congestion and control and street lighting, and recommend to the Borough Engineer appropriate plans for street improvement and use to satisfy traffic requirements.
e. 
Install, repair and maintain street traffic signs, lines and markers, and check for street light outages.
f. 
Operate, maintain and repair the Borough storm sewer system.
[1969 Code § 2-12.1]
The Borough Superintendent shall be the Director of the Department of Public Property.
[1969 Code § 2-12.2]
Under the direction and supervision of the Borough Superintendent the Department shall:
a. 
Operate, maintain and repair Borough owned buildings and properties, except the Borough water and sewer plants, and provide custodial and janitorial services therefor, including office quarters, waterfront property and all other real estate.
b. 
Trim, plant, care for and preserve public parks, greens, grounds and trees in the public way.
c. 
Maintain and repair playing fields and playgrounds and recreational areas and facilities, including public wharves, as requested by and pursuant to instructions of the Mayor and Council.
d. 
Control the care, use and disposition of motor vehicles owned by the Borough, other than fire engines and Water and Sewer Department vehicles, and for this purpose the division shall:
1. 
Operate or supervise the operation of a garage or garages for the storage, servicing, repair and maintenance of Borough owned motor vehicles.
2. 
Supervise any work done by contract for the storage, repair, servicing and maintenance of Borough owned motor vehicles or equipment.
3. 
Control the maintenance of motor vehicles owned by the Borough by maintaining individual vehicle records of mileage, costs of operation and maintenance, and replacement schedules.
[1]
Editor's Note: For regulations concerning the disposal of garbage, trash and recyclables, see Chapter 17, Solid Waste Management.
[1969 Code § 2-13.1; Ord. No. 89-16 § 2]
The Borough Superintendent shall be the Director of the Department of Sanitation and Recycling.
[1969 Code § 2-13.2; Ord. No. 89-16 § 2]
Under the direction and supervision of the Borough Superintendent, the Department shall:
a. 
Remove garbage and trash when properly placed for collection pursuant to established schedules for collection.
b. 
Prescribe regulations for the collection of garbage and trash and the schedules of the times and places where such garbage and trash shall be collected.
c. 
Remove all recyclable materials properly placed for collection pursuant to established schedules for collection.
d. 
Prescribe regulations for the collection of recyclable materials as schedules of the times and places.
e. 
Report violations of the rules and regulations for the collection of garbage and trash and for the collection of recyclable materials to the Borough Police Department and to the Borough Enforcement Code Official.
[1969 Code § 2-14.1; Ord. No. 77-3 § 1; Ord. No. 91-7 § 1; Ord. No. 93-8 § 1; Ord. No. 99-9 § I; Ord. No. 99-15 § I; Ord. No. 2000-4 § I; Ord. No. 03-12 § I]
The Police Department may consist of a Director of Police or Directors of Police, a Deputy Director of Police or Deputy Directors of Police, a Chief of Police, a Captain or Captains of Police, a Lieutenant or Lieutenants of Police, Officer or Officers in Charge, Sergeants and other such patrolmen, probationary officers, full time officers, part time officers, seasonal officers, police matrons, traffic officers, school traffic officers, dispatchers, dispatcher typists, full time dispatchers, full time dispatcher typists, part time dispatchers, part time dispatcher typists, on-call dispatchers, on-call dispatcher typists officers and employees as the Borough may appoint.
[Ord. No. 91-7 § 2; Ord. No. 93-8; Ord. No. 99-9 § II; Ord. No. 99-15 § II; Ord. No. 03-12 § II; Ord. No. 04-06 § 1]
a. 
Appointment. A Director of Police, Chief of Police, and/or Officer(s) in Charge may be appointed by the Mayor with the advice and consent of Council.
b. 
Term of Office. The term of office of Police Director and/or Officer(s) in Charge shall be for one year or at the pleasure of the Borough Council. The term of office for the Chief of Police shall be as set forth and in accordance with the statute.
c. 
Compensation. The Director of Police, Chief of Police and/or Officer(s) in Charge shall receive such sums as may be fixed and adopted by Council in the annual Salary and Wage Ordinance.
d. 
Duties. The Director of Police, Chief of Police and/or Officer(s) in Charge shall:
1. 
Perform and/or supervise all of the administrative duties of the Police Department.
2. 
Uphold and carry out all terms of the Police contract.
3. 
Carry out any additional duties as from time to time may be prescribed by Council.
4. 
Supervise scheduling of the Police Force.
5. 
Delegate such daily administrative and supervisory functions of the Police Department to the ranking Police Officer(s) as he or she shall deem appropriate for the efficient operation of the department.
6. 
Report at least annually, or as often as directed, to the Police Committee.
7. 
Be the executive head of the Police Department, subject to the direction and supervision of the Police Committee of the Borough Council, and shall be responsible for the proper and efficient operation of the Department and the supervision of its activities.
8. 
Be responsible for the observation and enforcement of all laws of the State and ordinances within the jurisdiction of the Police Department and the enforcement of the rules and regulation of the Police Department.
9. 
See that all persons connected with the Department are properly instructed in their duties, and giving particular attention to the training and instruction of new members thereof.
10. 
Have under his or her control all records and property of the Police Department and designate any member of the Department or prepare reports and keep the records in such manner as he or she may prescribe, as well as take charge of such property and any other property coming into the custody of the Department.
[1969 Code § 2-14.2]
Each applicant shall comply with all of the laws of the State of New Jersey pertaining thereto. 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 or temporary appointment to such office for a period of not longer than one year, and has successfully completed a Police training course at a school approved and authorized by the Police Training Commission of 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. Each probationary or temporary appointee as a Police Officer shall be entitled to a leave of absence, with pay, during the period of the Police training course.
[1969 Code § 2-14.3]
a. 
Every member, notwithstanding the provisions of N.J.S.A. 11:22-6, shall serve a probationary period pending his completion of the course at the New Jersey State Municipal Police School. This period shall be for a maximum time of one year in accordance with N.J.S.A. 52:17B-68.
b. 
Every member and every officer appointed or promoted to an office within the Police Department shall be deemed to be on probation in the position to which he shall have been appointed for a period of one year, in accordance with Subsection 3-4.1 of this Revision.
[1969 Code § 2-14.4; Ord. No. 93-8 § 1]
The Borough Council may appoint special officers for terms expiring not later than the end of the calendar year in which the appointment is made, and may revoke such appointments at any time, without cause. Such special officers shall not be members of the Police Department. The Police Department and the Director of Police shall have the power to call upon special officers in case of emergency, or for any special duty. Special officers shall possess the same qualifications as to citizenship and, while on special or temporary employment, shall have the same powers, duties and obligations as members of the Police Department. All special officers shall be under the direction of the Director of Police.
[Ord. No. 76-5 § 1; Ord. No. 2000-4 § II]
The rules and regulations governing the conduct of all employees within the Police Department, designed for the proper management and operation of the Police Department are hereby adopted by reference. Three copies of such rules and regulations shall be placed on file with the Clerk of the Mayor and Council of the Borough and, in addition, shall be delivered to each officer, member and employee of the department. Each officer, member and employee receiving same shall execute a written receipt indicating the time and date such document was received which receipt shall be kept in the individuals personnel file. Any change in such rules and regulations shall be approved by resolution of the governing body.
[1969 Code § 2-14.7; Ord. No. 91-7; Ord. No. 93-8 § 1]
The rights, privileges, powers and duties of members of the Police Department, including temporary officers and special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments generally, by the ordinances and resolutions of the Borough of Surf City, and such rules and regulations which may, from time to time, be adopted by resolution by the Borough Council. The Police Department, through its Director, shall:
a. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections, public meetings and assemblages.
b. 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians, and to make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Borough for such purposes.
c. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, inspect and observe all places of public amusement or assemblage and all places of business requiring any State or municipal license or permit and report thereon to the appropriate department.
d. 
Provide proper Police attendance and protection at fires.
e. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with law enforcement and prosecuting authorities of Federal, State and County governments.
f. 
Operate a training program to maintain and improve the Police efficiency of the members of the Department.
[Ord. No. 2009-03 § I]
a. 
Any person or entity desiring to retain services of Police Officers of the Borough of Surf City for off-duty police related activities shall be required to enter into a contract with Borough of Surf City. Said contract shall include but not be limited to the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Borough of Surf City and fees for the use of Borough owned equipment. Except in the case of public or quasi-public agencies, the payment of 100% of the estimated amount due the Borough for the assignment of such off-duty officers from the person or entity requesting such assignment, shall be made advance of providing such officer or officers.
b. 
The Chief of Police has the authority to determine the appropriateness of any assignment. When the Chief of Police does not believe the assignment is appropriate for the Borough of Surf City's Police Department he does have the authority to deny the request for use of off-duty police officers.
c. 
The Chief Financial Office of the Borough shall establish an escrow account through a dedication by rider for the purpose of collecting the distributing funds from entities other than the Borough which utilize the services of the Borough of Surf City police officers during the off-duty hours. All record keeping with respect to the amount to be billed and collected will be the responsibility of the Chief Financial Officer and his staff.
d. 
All persons or entities shall be required to make all payments for off-duty assignments payable to the Borough of Surf City to the Chief Financial Officer of the Borough of Surf City. The rate of payment for officers shall be established on an annual basis by resolution in January of each year based on the charges for these services. The Borough may establish different rates for Police services provided to other public entities and nonprofit entities such as school districts or local churches. The rates charged by the Borough shall include the hourly rate paid to the Police Officer based on either time and a half or double time, the officer's longevity, the Borough's contribution toward FICA, and 15% overhead to cover additional costs incurred by the Borough. There will be one composite rate for private entities based on time and a half and one rate for double time for private entities. There will also be a composite rate established for public and nonprofit entities based on time and a half and double time. The determination of whether time and a half or double time rates will be charged to the entity will be made based on whether the officer or officers providing the off-duty services are entitled to payment of either time and a half or double time from the Borough of Surf City. All requests shall be required to pay for a minimum of four hours.
e. 
The Chief of Police shall be authorized to establish written rules and regulations governing the utilization of the Borough of Surf City Police Officers during off-duty hours by entities other than the Borough.
f. 
Each person or entity who shall employ off-duty Police Officers pursuant to this subsection shall be responsible for maintaining his/her or its own insurance coverage. Said insurance coverage shall include but not be limited to a general liability and automobile liability and shall name the Borough of Surf City as an additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance shall be provided to the Borough of Surf City prior to the assignment of any off-duty Police Officers to said person or entity. The person or entity shall provide for the aforementioned for any and all officers, vehicles and or equipment that is utilized by the off-duty assignment. The Borough Council may reduce the amount of insurance for nonprofit corporation provided that such reduction does not adversely affect the Borough's insurance coverage through the Ocean County Joint Insurance Fund.
g. 
The Chief of Police or his designee shall have the authority to order any Police Officer engaged in off-duty assignments within the Borough of Surf City to respond to an emergency situation within the Borough of Surf City. The Chief of Police or his designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the Borough of Surf City.
In the event that a Police Officer is assigned to an emergency situation, the Police Chief or his designee shall make notice of that emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty officer is called to an emergency situation, said person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Borough of Surf City until such time as said Police Officer and/or equipment returns to the assignment with the off-duty employer.
h. 
Any person or entity requesting the services of off-duty Police Officers shall execute an agreement to indemnify and hold harmless the Borough of Surf City for any and all claims and damages which may rise from the off-duty officer's employment by said person or entity.
i. 
In order to be eligible for "off-duty" employment, a Police Officer must be in good standing with the Department. Officers who are on medical or other leave due to sickness, temporary disability or an on-duty injury shall not be able to engage in "off-duty" employment.
j. 
Off-duty police-related assignments are not permitted outside the Borough of Surf City.