[Union Beach is governed under 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 the 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; R.S. 40:55D-69, Zoning Board of Adjustment; R.S. 40:45D-1, Planning Board; R.S. 26:3-1, Board of Health; R.S. 40:47-1, Police Department; and Board of Recreation Commissioners, N.J.S.A. 40:12-1.]
This chapter shall be known and may be cited as the Administrative Code of the Borough of Union Beach and is herein referred to as the code.
The council shall consist of the mayor and six councilmen elected at large in the borough, all of whom shall be elected and take office in the manner provided by law. The term of office shall commence January 1 next following their election.
The council shall by ordinance adopt rules of procedure and/or by-laws 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.
Whenever a vacancy occurs in the membership of this borough council, for any reason other than the expiration of term of office, the vacancy shall be filled in the following prescribed in N.J.S.A. 40A:16-1 et seq.
Every person appointed by the borough council or by the governor to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by statute to permit the appointee to qualify for election to the office, and if the previous incumbent had been elected to office as the nominee of a political party, the person so appointed shall be of the same political party.
The council shall meet for reorganization on the first day of January, or during the first seven days in 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 council. The mayor shall when necessary call special meetings of the council. 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. In all cases of special meetings, 24 hours' written notice (or actual voice contact) shall be given to all members of the council. Written notice may be by leaving such notice at their places of residence. Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6.
The mayor shall preside over all meetings of the council but shall not vote except to give the deciding vote in case of a tie. Except as otherwise provided by statute or specific ordinance, the mayor shall nominate and, with the advice and consent of the council, appoint all officers in the borough, and the chairman and members of all standing committees. No appointments requiring council 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 the case of a tie. Vacancies in appointive officers 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 becomes 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 the 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 reorganization meeting. He shall have the right to debate the 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 by the council 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 inability. 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.
[Ord. #359; Ord. #426; Ord. #503; Ord. #693; Ord. #2005-70; Ord. #2009-41]
As used in this chapter:
PUBLIC SAFETY COMMITTEE - Shall mean the committee appointed by the mayor with jurisdiction over the department.
COUNCIL - Shall mean the mayor and council of the borough.
DEPARTMENT - Shall mean the police department of the borough.
LINE OF AUTHORITY - Shall mean the civilian hierarchy established by this section pursuant to N.J.S.A. 40A:14-118 which is authorized to issue orders or instructions to the department chain of command.
APPROPRIATE AUTHORITY" - Shall mean the borough administrator for the purpose of the adoption and promulgation of department rules and regulations pursuant to N.J.S.A. 40A:14-118 and for all other purposes shall mean the public safety committee.
The purpose of this section is to revise all existing ordinances of the Borough of Union Beach pertaining to the establishment, maintenance, regulation and control thereof, and to prescribe new rules and regulations respecting such department in order that the organization of the department shall be improved and its operations conducted more efficiently and economically.
The existence of the separate department of the municipal government of the borough, designated the "Police Department of the Borough of Union Beach" heretofore established is hereby continued without interruption and as heretofore, shall be known as the "Police Department of the Borough of Union Beach," hereinafter referred to as the police department.
The council as the appropriate authority pursuant to N.J.S.A. 40A:14-118 establishes the Department Rules and Regulations to be known as the "Borough of the Union Beach Police Department Rules and Regulations, Adopted 2005," which rules and regulations shall be binding and effective as if incorporated in full as part of this chapter.
For the good of the service, in accord with N.J. Statute 40A:14-118, the right is reserved by the police chief as the representative of the governing body to amend or to revoke any of the Rules, Regulations, or procedures, or add thereto, as the circumstances require subject to the approval of the mayor and council.
New members and special officers shall take the following oath of office: "I__________, do solemnly swear that I will support and comply with the Constitution of the United States of America: the Constitution and the laws of the State of New Jersey; the charter, laws and ordinances of the Borough of Union Beach; the rules and regulations of the Union Beach Police Department; and the Law Enforcement Code of Ethics; and that I will faithfully discharge the duties of my office as __________ to the best of my ability."
The police department of the borough shall consist of a chief of police, a captain of police and such sergeants, patrol officers and other employees as shall be necessary and established by the resolution of the mayor and council.
A chief law enforcement officer of the borough shall be designated to serve in the absence of the chief of police and the captain. The chief law enforcement officer shall be the next ranking officer. The captain or, in the absence of the captain, the chief law enforcement officer shall sign gun permits in the absence of the chief of police.
The public safety committee established in the bylaws of the mayor and Council of the Borough of Union Beach shall have primary responsibility for the administration, practices, procedures and records of the police department.
The line of authority shall be from the mayor and council to the public safety committee to the chief of police and the department chain of command. In an emergency the mayor may receive reports from and issue orders or instructions to the chief of police and the department chain of command, and in the absence of the mayor, the president of the council, or in the absence of the president of the council, the chairman of the public safety committee may act in that capacity.
The appropriate authority to receive regular communications from the chief of police shall be the public safety committee subject to the line of authority.
The public safety committee may recommend to the council that certain orders or instructions be issued to the chief of police and through the chief of police to all members of the department. Upon concurrence of the council with said recommendations, the chairman of the public safety committee shall forthwith issue the orders or instructions to the chief of police. All orders and instructions to members of the police department shall be made and transmitted through the chief of police, or in his absence, through the next ranking officer to the entire department.
The public safety committee shall conduct personnel interviews of all applicants for employment or promotion in the department and make recommendations to the council consistent with Title 11, Civil Service, of the New Jersey Statutes.
The chief of police shall be the executive head of the police department and shall be responsible for the conduct, efficiency, policy, operations, discipline and management of the department, subject at all times to the rules, regulations, instructions and orders of the council. He shall cause to be made personnel investigations and make recommendations on applicants for employment and promotions in the department to the public safety committee. He shall be a resident of the Borough of Union Beach.
Responsibility: Through the chief of police, the department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. He is responsible for planning, directing, coordinating, controlling and staffing all activities of the department, for its continued and efficient operation, for the enforcement of rules and regulations within the department, for the completion and forwarding of such reports as may be required by competent authority and for the department's relations with the citizens of the borough, the borough government and other agencies. He is responsible for the assignment of personnel to any section or position he deems necessary for the efficient operation of the department.
A physician shall be appointed by the mayor, subject to the confirmation of the borough council, to be known as the police physician. He shall examine all the members of the police force or appointees to the force whenever required by the council and shall report in writing the result of such examinations, with his opinion as to the physical fitness for police work of the person examined. He shall be called whenever the services of a physician are required by the police department.
Each member of the police force of the borough shall be a citizen of the United States, and must be of good moral character, be sound of body, in good health, able to read, write and speak the English language well and intelligently.
The duties of the police officers, members, and other employees of the police department shall be those prescribed by the laws of the state, the ordinances of the borough, and the rules and regulations as may be prescribed and established by the council. These duties shall include the enforcement of all Federal, state, county, and municipal laws within the limits of the Borough of Union Beach.
All charges preferred against a member of the police department, other than the chief of police, shall be referred to the chief of police for his investigation and recommendation. He shall present said charges and his recommendations to the council in a manner consistent with Title 11 of the N.J. Revised Statutes and N.J. Administrative Code Title 4 for ultimate disposition. Any charges preferred against the chief of police shall be referred to the chairman of the public safety committee who shall schedule a public safety committee meeting, and the committee shall thereupon conduct an investigation and make a recommendation to the council which shall thereafter act in a manner consistent with law upon the charges.
Any and all extra duty assignments for police personnel shall be determined and approved by the chief of police (chief) or his designee. No police officer shall perform special duty assignments for private parties for compensation other than through the procedure set forth in this subsection. The chief shall obtain such information as he determines necessary and is authorized to approve such special duty police work in accordance with this subsection. The chief may assign a patrol vehicle for use in performing extra duty if and in the event it is determined that the use of a patrol vehicle is necessary to perform the contracted duty. The chief may deny the assignment or use of police officers or vehicles and/or impose any condition or requirement as in his sole discretion and determination is in the best interest of the borough and/or the police officers or public safety. The chief shall be guided by the nature of the assignment and should avoid those with conflicts of interest and/or high risk of injury.
The work to be performed shall be considered a "special duty assignment from independent contractors" (special duty assignments) and will not be considered a direct assignment. Notwithstanding any provision to the contrary, special duty assignments shall be limited to crowd control, traffic control, and any type of security employment wherein the officer is required to wear his duty uniform. The taking of any and all extra duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the chief.
Officers engaged in special duty assignments shall be deemed on-duty and shall conform to all police department rules, regulations and procedures. All such agreements for special duty assignments shall be contracted for in writing by the completion of a form available from the police department which contracts shall be kept on record as other such police documents. All payments due under such agreements shall be paid to the borough 15 days from the date of billing. Interest shall be charged at the rate of 12% per annum on any amount billed for which payment has not been made within 15 days. Delinquent parties shall be liable for all costs, fees, and attorneys' fees associated with the collection of any amounts due.
All special duty assignments shall be within the borough, unless specific written approval is given by the chief to the officer to work outside of the borough, and the chief may contact adjoining municipal police departments to see if they are willing to perform such special duty assignments before granting approval to an officer from the borough's department to work outside the borough.
All payments for special duty assignments shall be made through a special police fund established by the borough treasurer from which payment shall be made to the individual police officers performing such service. All payments from the trust fund shall be made to the police officers subject to required deductions and an administrative fee to be retained by the borough. The charges for such services shall be set forth annually in a resolution adopted by the governing body. Any dispute between the contractor and the police officer on assignment as to services required or compensation due shall be determined by the chief. His decision shall be final and binding.
Any special duty assignment which is cancelled on less than an hour's notice shall be charged against the party.
The chief has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or public in the sole determination and discretion of the chief. The contractor shall not be responsible for any compensation for the time that the police officer is away from the special duty assignments and shall have no claim for any costs or damages against the borough, the chief, or the police officer arising from the termination of a special duty assignment other than the prorated return of any costs prepaid to the borough.
The borough shall be responsible to provide all necessary insurance coverage as required by law, including but not limited to workers' compensation, public liability, and claims for damage, for personal injury including death or damage to property which may arise as a result from the borough's performance under the contract.
[Ord. #270; Ord. #396; Ord. #588; Ord. #696; Ord. #98-785; Ord. #2008-114]
The fire department of the borough shall consist of all volunteer fire companies presently organized and located within the borough being the Union Beach Fire Company, No. 1; Union Hose Company, No. 1; Union Gardens Chemical Fire Engine Company, No. 1; and Harris Gardens Fire Company, which companies shall continue to operate under the Laws of the State of New Jersey and in accordance with their present charters, constitutions and by-laws and as the same may be amended from time to time not inconsistent with this section. Any volunteer fire company which may hereafter be organized within the borough having an active membership of not less than 25 men at the time of application for membership in the fire department, may, after approval by the borough council become a member of the fire department. No such approval, however, shall be granted unless a report and a recommendation for approval shall be made by the board of fire commissioners.
Establishment of a junior firemen's auxiliary which shall consist of qualified members who are 16 and 17 years of age is hereby authorized. The fire department may establish same and thereafter shall promulgate rules, regulations and by-laws governing the composition, duties and makeup of the junior firemen's auxiliary which shall comply with the New Jersey Child Labor Law (N.J.S.A. 34:2-2-21.17). The fire department shall make certain that the members of this organization are covered by accident, sickness and workers compensation insurance. If all said insurance coverages are not in force and effect, then the activities of members of the organization shall immediately cease until such coverage is provided.
A board of fire commissioners shall be organized within the fire department and shall consist of three representatives from each of the constituent fire companies. Each representative must be a member of said volunteer fire company
Members of the fire committee of the borough council (not to exceed three members designated by the borough council from among council members) shall be ex-officio members of the board of fire commissioners.
The purpose of the board of fire commissioners is to act as the coordinating unit of the fire department and to be responsible for administrative supervision of the fire department and shall relate to the efficiency, operation, and direction of the fire department. They shall make recommendations from time to time to the borough council for the improvement and betterment of the fire department, as well as recommendations for the public good and general welfare.
The structure and organization of the board of fire commissioners shall be as follows:
Officers. The officers shall consist of a president, vice president, secretary and treasurer and they shall serve for a term of one year.
Elections. Officers shall be elected annually during the first meeting of the board of fire commissioners in January of each year. Voting shall be by secret ballot or an open showing of hands, the method to be decided upon by the board of fire commissioners.
Duties of Officers.
The president shall preside at all meetings and be responsible for the conduct thereof. He shall call a special meeting of the board of fire commissioners at the request of not less than three member companies.
The vice president shall perform the duties of the president in the event of the president's absence.
The secretary shall keep an accurate attendance roll of all meetings and functions and a true record of all proceedings of all meetings. He shall be the custodian and recipient of all correspondence or documents pertaining to the board of fire commissioners. He shall notify all members of the date, time and place of meetings and functions.
The treasurer shall be responsible for keeping accurate records and account for all receipts and disbursements. He shall not disburse any funds of the board of fire commissioners unless authorized by a majority vote of the members present, and by a check bearing his signature and countersigned by the president or vice president. All funds are to be divided evenly by all member companies.
Duties of Members. Each member of the board of fire commissioners shall attend all meetings of the commissioners council thereof and perform all duties designated to him. In the event a member is absent from three consecutive meetings, the president shall request the company to which such delinquent member belongs to replace such member with another representative.
The board of fire commissioners may adopt such other rules and regulations for its government not inconsistent with this ordinance or any of the fire companies by-laws.
[Ord. #270, § 1]
The officers of the fire department shall consist of a chief, first deputy chief, second deputy chief and a third deputy chief.
Each constituent fire company shall have a captain, first lieutenant, second lieutenant and such other officers as each company deems necessary for its efficient and proper operation.
All members of the fire companies as now constituted may continue as members. Each new member of the fire department must be a resident of the Borough of Union Beach, or be a resident of either the Borough of Keyport. Borough of Keansburg or the Township of Hazlet. Proof of residency may be required by the board of fire commissioners. Each new member of the fire department and of the constituent fire companies shall each be at least 18 years of age, a citizen of the United States, in good health and physical condition and successfully pass a physical and mental examination by a qualified physician.
Any person desiring membership in a volunteer fire company shall complete in duplicate, filing the same with the volunteer fire company, an application the form of which may be prescribed by the volunteer fire company, but which shall contain the following information about the applicant:
Social Security Number.
Driver's License Number.
Any conviction of violation of N.J.S. 2C:17-1.
Aggravated arson, or
Failure to control or report dangerous fire, or
Directly or indirectly pays or accepts any form of consideration for the purpose of starting a fire or explosion.
Any conviction of violation of N.J.S. 2C:33-3 False Public Alarms, or
Any conviction of a crime or disorderly persons violation, or
Such other information as the volunteer fire company deems relevant to the application provided none of such information is prohibited by law.
Following the filing of such application the volunteer fire company shall transmit one of the applications to the chief of police of the Borough of Union Beach who shall conduct an investigation to ascertain the truth of the statements made by the applicant upon his/her application and any such other investigation of the applicant's background as he deems necessary for the protection of the public good. If as the result of such investigation the applicant is found to have been convicted of violation of N.J.S. 2C:17-1 a, b, c, or/and d or N.J.S. 2C:33-2 or any other crime or disorderly persons violation or any other information that would indicate the applicant may be a threat to the health, safety or welfare of the community, the chief of police shall report such information and the particulars thereof to the volunteer fire company.
In connection with said investigation, the applicant shall submit to fingerprinting, and the chief of police is authorized to submit applicant's fingerprint card and receive State Criminal History Record information for the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this paragraph.
The above investigation by the chief of police shall be completed within 30 days of receipt of the application and the fingerprinting of applicant.
The chief of the department to be installed following the adoption of this section shall be from among the members of Union Beach Fire Co. No. 1; The deputy chief, from Harris Gardens Fire Co.; the second deputy chief, from Union Gardens Chemical Fire Co. No. 1; and the third deputy chief, from Union Hose Fire Co. No. 1. The following year the chief shall be selected from among the members of Harris Gardens Fire Co.; the first deputy chief, from Union Gardens Chemical Fire Co. No. 1; the second deputy chief, from Union Hose Co. No. 1; and the third deputy chief, from Union Beach Fire Co. No. 1. In the succeeding years, the above rotation shall be followed so that each company, once every four years, shall have the chief selected from among its members. In the event a new company shall be organized and become a member of this department as provided in subsection 2-2.1, it shall be inserted in the above rotation and the office of the fourth deputy chief shall be created to which one of its members shall be selected during the fifth year of its membership in the department. The same procedure shall be followed for any successive companies.
The company whose turn it is to select the various officers as indicated above in paragraph a shall submit the name of one of its members for the particular office to the board of fire commissioners following the last company meeting in December of the year preceding the year in which they are to hold office. Upon receipt of the nominees by the board of fire commissioners for the various offices, the board of fire commissioners shall, on or before December 31, submit the list of officers to the mayor and council so that the same may be sworn into office at the Reorganization Meeting of the mayor and council. They shall hold office from January 1 to December 31 unless they sooner resign or are, for any reason, replaced. During their term of office they shall at all times be residents of the borough.
In the event of the death, resignation, incapacity, or removal of any of the above officers, the fire company which originally nominated such officer, shall appoint a qualified member from its company to serve the unexpired term of said officer or officers.
In the event any chief officer fails to perform his duties and complaint is made with respect thereto, such complaint must be made, in writing, to the board of fire commissioners. The board of fire commissioners, after a hearing on the complaint, shall have the power to reprimand, suspend or remove from office any of the said chiefs of this department by a majority vote of the quorum; at least two members from each fire company of the board of fire commissioners shall constitute a quorum. A majority vote of quorum shall be two-thirds of members present to render a verdict.
No person shall be eligible to hold the office of chief or deputy chief as hereinbefore provided unless he has previously served as captain, first lieutenant or second lieutenant in one of the constituent fire companies.
The chief shall be in command of all Fire-matic functions of the fire department and shall have the right to utilize any equipment, property or personnel under control of the fire department that he deems necessary for the handling of any fire or other emergency situation that is within his jurisdiction.
The chief shall assume active command at all fires. In the event of any question of authority arising, said company officers or acting officers shall defer to the chief but shall have the right to present their complaint to the board of fire commissioners for adjudication, correction or clarification.
The chief shall be responsible for the Fire-matic training, efficiency and proper conduct of the department.
He shall formulate and make recommendations for the adoption by the board of fire commissioners, and approval by the mayor and council, of rules and regulations for the proper conduct and efficiency of the fire department.
He shall keep, or cause to be kept, accurate records of the service of each member of the fire department, showing their attendance at fires, drills and other necessary functions.
He shall keep, or cause to be kept, an accurate inventory record of all equipment and property of the department, on standard forms, as to item, condition and such records as to servicing for the proper financial and efficient rating of the department.
He shall make, or cause to be made, early in the month of May, complete inventory of all equipment in standard form.
He shall keep, or cause to be kept, an accurate record of all activities of the department on standard form.
He shall cause monthly reports of each company to be prepared and shall submit a copy of said reports to the board of fire commissioners.
He shall submit, or cause to be prepared, an annual report to the board of fire commissioners and borough council of activities of the fire department, condition of equipment, suggestions and recommendations for the public good. Said report shall be prepared and submitted during the month of November of each year.
The chief shall have the power to suspend from a specific fire duty any member disobeying orders, derelict in his duty or conducting himself to the detriment of the department or borough. Appeals from such action by the chief may be made in writing to the board of fire commissioners, who may alter, amend or adjudicate such action solely for the good of the department and/or the borough.
The first deputy chief, in the absence of the chief, shall perform all of the duties and exercise the prerogatives of said chief and shall make monthly reports to the chief as to fire activities involved each month.
The second deputy chief, in the absence of the chief and deputy chief, shall perform the duties and exercise the prerogatives of said chief.
The third deputy chief, in the absence of the chief, the deputy chief, and the second deputy chief shall perform the duties and exercise the prerogatives of said chief.
In the absence of all of the chiefs, the senior line officer at the fire shall be in charge, the seniority shall be as per chief's rotation.
Subject to overall command of the chief and first deputy chief, second deputy chief and third deputy chief, the captain shall have sole command of his respective company, its members, apparatus, training, direction, etc., and shall be responsible to the chief for the proper conduct and efficient operation of his company, to the public good. The captains shall be responsible for the proper carrying out of the rules, regulations, etc., within their respective companies.
Captain or his designee shall furnish the board of fire commissioners by February 1 of each year a complete list with addresses and telephone numbers of each member of his company, together with their status within the company. The captain shall certify to the borough clerk, in accordance with the laws of the State of New Jersey, by February 1, of each year, a list of Exempt Firemen. In the appropriate cases, as provided by the laws of New Jersey, a Certificate of Exemption will be issued by the borough council.
Each company may provide for the appointment of certain of its members to perform certain police duties at fires and fire drills for a term of office not exceeding five years from the date of appointment. Such members shall, before entering upon their duties, qualify by taking and subscribing an oath that they will justly, impartially and faithfully discharge their duties according to the best of their ability and understanding. Said oath shall be administered by the municipal clerk and subscribed to in duplicate. The original copy of said oath shall be filed with the municipal clerk, and a copy filed with the board of fire commissioners.
After appointment a member shall be eligible as fire police and shall have full power and authority to act as such anywhere in the county in which he is appointed or in any other county in which he is called upon to act, pursuant to state law.
It shall be the duty of a member of the fire police to perform his duties under the supervision of the fire officer in charge of the fire or fire drill.
The duties of the fire police subject to the supervision aforesaid shall be to:
Protect property and contents;
Establish and maintain fire lines;
Perform such traffic duties as necessary, from the fire station, to and at the vicinity of the fire, fire drill or other emergency call;
Wear the authorized fire police badge on the left breast of the outermost garment while on duty;
Nothing herein contained shall give the fire police the right to supersede the authority of a duly authorized police officer.
If any person shall unreasonably refuse to obey the orders of the fire police such fire police may arrest him and keep him under arrest until the fire is extinguished or the drill completed.
It shall be the duty of the fire police after being sworn in to organize and elect from among their number a captain of fire police and first lieutenant, a second lieutenant and a sergeant of fire police each of whom shall hold office for one year, in accord with chief's rotation.
Equipment furnished by the borough out of public funds shall be maintained in good order, housed against weather, efficiently utilized and protected against theft.
Allocation of funds by the borough council shall be made on a yearly basis, upon recommendation by the board of fire commissioners and within financial capacity of borough as determined by borough council. Utilization of funds so allocated, to the maximum efficiency therein, shall be evenly divided, and shall be supervised and controlled by the board of fire commissioners.
No person shall use any borough fire apparatus or equipment for any purpose, other than fires, drills or other normal functions, not approved by the captain. No borough fire apparatus may be used outside the borough for any purpose without approval of the chief, first deputy chief, second deputy chief, or third deputy chief, excepting in those cases of mutual assistance presently in force or existent.
The conduct and operation of the fire department shall be as provided in an Ordinance heretofore adopted known as "An Ordinance Providing for Fire Prevention and Protection in the Borough of Union Beach, New Jersey." Anything therein contained inconsistent with this ordinance is hereby repealed.
No person shall drive any vehicle over fire hose except upon specific orders from the chief or other officer in charge.
Only an active fireman shall be permitted to drive fire apparatus. Such driver must have a current drivers license issued by the State of New Jersey and must be fully instructed in the use, care and operation of the vehicle which he drives. He must be approved as competent by the company, in writing.
Any person, persons, corporation or organization violating the above provisions of the section shall, if found guilty by the municipal court, be subject to a fine of not more than $100 and costs.
The police department shall furnish additional protection at the request of the chief to assist in traffic control, protect property and prevent destruction of evidence.
The volunteer companies may conduct their usual fund raising and social activities presently conducted within their own charters.
The board of fire commissioners shall meet once a month.
The fire department shall meet not less than two times per year and the meeting will be called by the board of fire commissioners.
Established in and for the borough is a local board of health, pursuant to an act entitled "An Act To Establish In This State, Boards of Health and A Bureau of Vital Statistics And To Defined Their Respective Powers And Duties," approved March 31, 1887, and the supplements and amendments thereto.
The board of health of the borough shall be composed of seven members, to be selected and appointed by the mayor and council.
The members of the board of health shall be nominated by the mayor and confirmed by the vote of the council, and in making the nominations, the mayor shall designate one member, who shall hold office for one year from the date of appointment; two members who shall hold their office for two years and two members who shall hold their office for three years, from the date of their appointment; and thereafter at the expiration of their respective terms, the appointments shall be made by the mayor and council in the same manner for the term of three years; provided that in case a vacancy shall occur in the board of health, by death, resignation, removal or otherwise, they shall be filled in the same manner in which the original appointments were made but for unexpired terms only.
Any member of the board of health may be removed from office for cause, after an opportunity has been given for a hearing, and upon the vote of a majority of the council.
Annually the board of health shall meet and organize and elect and appoint a presiding officer, registrar of vital statistics, clerk, sanitary inspector and such other officers, agents and assistants as necessary, establish rules for their own government, and pass ordinances, make rules and regulations in regard to the public health in the borough as directed by law.
All appointees of the board of health shall be governed by the rules of the board, and they may be removed for cause by the board, by a majority vote.
The board of health shall not contract any debt of any kind beyond the amount of the appropriation made for its use by the council.
[Ord. #147; Ord. #387; Ord. #398; Ord. #411; Ord. #95-742]
Pursuant to and in accordance with the provisions of Section 40:12-1 et seq. of the Revised Statutes, there is hereby created a board of recreation commissioners, the members of which shall be appointed by the mayor in accordance with the provisions of R.S. 40:12-1.
Said board shall consist of seven members, who shall be designated commissioners. Said members shall be citizens and residents of the municipality. There shall be two alternate members appointed in accordance with N.J.S.A. 40:12-1.1, to be designated at time of appointment as Alternate No. 1, and Alternate No. 2.
The length of the term of the alternate members shall be the same as the length of the terms of the regular members of the board of recreation commissioners.
If two alternates are appointed, their terms shall be staggered by the appointment of one of the alternates for an initial term that is a year less than a regular term.
The commissioners first appointed shall hold office for one, two, three, four and five years respectively, as fixed by the mayor or chief executive officer and thereafter all appointments shall be for a term of three or five years and vacancies shall be filled for the unexpired term only.
The commissioners shall serve until their successors are appointed and shall qualify. The commissioners shall receive no compensation for their services.
The board of recreation commissioners shall receive an annual appropriation for the purposes of a administration, maintenance and construction necessary to the system, and they shall be provided with suitable quarters for the conduct of their operations.
The board of recreation commissioners shall have such powers and shall receive such financial aid from the municipality or county as shall be authorized by Section 40:12.1 to 15, inclusive, of the Revised Statutes of New Jersey.
At the election held on November 3, 1959, there was submitted to the voters of the borough the question of whether or not the borough should adopt the provisions of the Civil Service Act of the State of New Jersey. The adoption was duly approved and authorized by a majority of the voters of the borough at the election. Immediately thereafter the New Jersey Civil Service Commission made a survey of all positions in the borough covering the duties of the positions of the borough. Following such a survey the New Jersey Civil Service Commission submitted to the mayor and council of the borough two separate and distinct schedules, as follows:
The mayor and council of the borough are desirous of cooperating with the New Jersey Civil Service Commission; and are aware of the necessity of establishing a businesslike personnel policy for the borough. The mayor and council feel that the legal creation of positions held by employees of the borough will provide the security necessary for proper working relations between the mayor and council and the employees of the borough, resulting in a more efficient administration of the borough's affairs and the providing of better services for the community at large.
The following classes of positions, duties of which are set forth as part of this section by reference to the two separate and distinct schedules prepared by the New Jersey Civil Service Commission are hereby created.
[Bylaws, AVII; Ord. #180; Ord. #650]
Any person claiming payment from the municipality shall present a detailed bill of demand (R.S. 40A:5-16) to the borough clerk, duly certified, (or in the alternative, supported by an affidavit of the claimant).
All purchase orders shall be submitted to the borough treasurer for approval prior to their award to vendors. Purchase orders of $100 to $499.99, shall have more than one verbal (telephone) price quotation recorded. Purchase orders of $500 to $4,499.99, shall have more than one signed price quotation attached; and proposed orders of $4,500 and over, shall follow statutory procedure for public bidding.
It shall be the duty of the clerk to see that the signature of the officer or employee, who has been duly designated by the local unit to certify that the materials have been received by, (as evidenced by bill attachments), or the services rendered to the local unit, appears on every claim. (R.S. 40A:5-16)
Claims shall then be presented to the finance chairman, who shall distribute said claims to the chairman of the committee responsible for the placing of the order, who if satisfied the claims are proper, shall approve the same, after such approval is given, the finance chairman shall then affix his signature to all claims, and then present these claims to the governing body for formal approval at a regular meeting.
Where the mayor does not approve claims prior to the time they are presented to the governing body for approval, it shall be the duty of the mayor to sign the approving resolution by approving the schedule of claims approved by the governing body, indicating that he has examined the same and has officially approved the same for payment. Said schedule of claims/and approving resolution shall then be filed in a book at the borough clerk's office.
Claims shall be considered by the governing body which shall approve the same, except that said governing body may reject any claim presented to it, stating the reason for such rejection. Any disapproved claim shall be referred back to the borough clerk, with such instruction as the governing body may give at the time of disapproval.
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 disapproved or rejected.
In case the volume of claims is such that it is not practical to record them in the minutes, a list of all claims shall be presented for approval at the next regular meeting, said schedule or list to be made available to every member of the said governing body, at least three days before the claims are subject to formal action by that body. After approval, claims shall be listed in a book or record to be designated as "Claims approved by the Governing Body on (insert date)"; this listing shall be amplified by appropriate detail in the minutes to permit ready identification.
It shall be the duty of the borough clerk or such other officer designated by resolution of the governing body to indicate on said claims that they have been approved for payment with the date of approval thereof noted on the claim.
After the clerk has certified that the claims have been approved, he/she shall turn the same over to the treasurer/chief financial officer, who shall forthwith prepare the necessary checks for the payment thereof.
Signatures Authorized and Required on Checks. All checks made by the Borough of Union Beach shall be signed as follows:
Treasurer/chief financial officer or in the absence of the treasurer/chief financial officer, the assistant treasurer - original signature only; and
The mayor, or in the mayor's absence, the council president - original signature or facsimile signature which can only be used if there are two other original signatures; and
The borough clerk - original signature or facsimile signature which can only be used if there are two other original signatures.
Recordation of Checks and Distribution. After preparing checks for the payment of claims, the treasurer/chief financial officer, shall record them in proper books of account, and thereafter mail or otherwise distribute the checks to the claimants.
In the case of payrolls, the appropriate department heads or such officer or employee as may be designated by resolution of the governing body shall prepare the necessary payrolls for all employees, which payrolls shall be duly certified by the person authorized to certify that the services have been rendered and the amount specified is in fact due and owing to the employee or employees. Said payroll shall then be approved by the department head responsible therefore, and presented to the governing body for approval and, after approval, shall be paid in due course.
In the case of reimbursement for actual and necessary traveling expenses, itemized claims supported by receipt where available shall be presented in order to obtain reimbursement for expenses incurred by local officials where authorized to travel by the borough.
A municipal court for the Borough of Union Beach is established, as of January 1, 1949, pursuant to the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented.
There shall be a municipal judge of the said municipal court, who shall be appointed by the mayor with the advice and consent of the council and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
The municipal judge shall receive an annual salary as designated in the annual salary ordinance, which shall be in lieu of all fees, costs, and other allowances whatsoever.
The municipal court and the municipal judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by the provisions of chapter 264 of the Laws of 1948, as amended and supplemented, or by any other law.
There shall be a clerk of the municipal court, who shall be appointed by the mayor with the advice of the council, and who shall serve for a term of one year from the date of his appointment and until his successor is appointed and qualified. He shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to municipal courts, and by the municipal judge.
The municipal court shall be held in the borough hall of the borough. The municipal judge shall sit at least one evening of each week, which evening is determined by him, and a certificate made thereof and filed with the borough clerk, and at such other times as the business of the court may require, subject to the rules applicable to municipal courts.
[Ord. #378; Ord. #392; Ord. #406; Ord. #420; Ord. #443; Ord. #450; Ord. #484; Ord. #616; Ord. #633; Ord. #639; Ord. #688; Ord. #96-747]
Preamble. Certain Federal funds are potentially available to Monmouth County under Title 1 of the Housing and Community Development Act of 1974, as amended, commonly known as the Community Development Block Grant Program; and it is necessary to establish a legal basis for the county and its people to benefit from this program; and an agreement has been proposed which the Borough of Union Beach, and the County of Monmouth in cooperation with other municipalities will establish an interlocal services program pursuant to N.J.S.A. 40:8B-1; and it is in the best interest of the Borough of Union Beach to enter into such an agreement.
Establishment. The agreement entitled, "Agreement Between the County of Monmouth, and Certain Municipalities Located Herein for the Establishment of a Cooperative Means of Conducting Certain Community Development Activities," (a copy of which is on file at the clerk's office), be executed by the mayor and municipal clerk, in accordance with the provisions of law.
[Ord. #397; Ord. #717; reserved by Ord. #2009-141]
Former section 2-14, Residency Requirements for Employees, previously codified herein and containing portions of Ordinance Nos. 397 and 717, was repealed in its entirety by Ordinance No. 2009-41.
[Ord. #465; Ord. #481; Ord. #554; Ord. #618]
A commission for missing and exploited children in the Borough of Union Beach, County of Monmouth, and State of New Jersey is hereby established.
Said commission shall consist of seven citizens who are residents of the Borough of Union Beach, none of whom shall be members of the governing body of the Borough of Union Beach.
Said members shall be appointed by the mayor, with the consent of the majority of the quorum of the council, the mayor to vote only to break a tie.
The initial terms of the members shall be staggered so that there will be one one-year term, one two-year term, one three-year term, one four-year term, and one five-year term. All initial appointments will be for the balance of 1985, and then thereafter the designated term to commence on January 1, 1986. After the completion date of each respective initial term, the new appointment to fill the expired initial term shall be for five years, as shall each succeeding appointment thereafter. The initial terms of the two additional members created by (1989-1990) Amendment shall be for one and two years respectively and commence retroactively on January 1, of the year of appointment. Upon completion date of each respective initial terms the new appointment to fill the expired initial term shall be for five years, as shall each succeeding appointment thereafter.
Said commission shall undertake all steps practicable to aid and assist all missing and exploited children with the Borough of Union Beach, including creating and coordinating any appropriate programs, disseminating public information; and acting as liaison between other governmental and private agencies and the governing body of the borough.
Said commission shall be a body corporate in fact, with the powers to sue and be used, purchase, acquire, lease, hold, let and convey property, create a treasury and raise and expend monies to carry out the purposes of its creation.
The mayor and council may, in their discretion, make an annual appropriation for the purposes of administration, and functioning of said commission.
[Repealed by Ord. #552]
The position of recycling coordinator is hereby created in the Borough of Union Beach. The recycling coordinator shall be a part-time non-paying position, unless otherwise determined by the borough council. The recycling coordinator shall report directly to the business administrator.
The recycling coordinator shall have the following responsibilities:
Plan, coordinate, and develop a recycling program for the efficient disposal of recyclable material.
Develop and implement plans for the promotion of recycling activities.
Write and distribute educational material, press releases and other informational materials to promote the recycling program and encourage participation by residents in the Program.
Assist the appropriate borough officials in submitting applications for recyclable grants and preparing recycling proposals and contracts.
Assist in the enforcement of the borough's mandatory recycling ordinance to ensure compliance by residents and businesses.
Speak before various groups to inform them of the purpose and goals of the borough's recycling program.
To make such recommendations to improve the effectiveness and efficiency of the borough's recycling operations.
Such other responsibilities relating to recycling as may be delegated by the business administrator.
The Recycling Coordinator shall be appointed by a majority vote of the Borough Council. The Recycling Coordinator shall serve at the pleasure of the Borough Council.
A recycling division of the department of public works, be and the same is hereby established.
[Ord. #593; Ord. #607]
There is hereby created, the position of chief financial officer/director of finances (full time), and assistant chief financial officer, (part-time), of the Borough of Union Beach.
The position of chief financial officer/director of finance, is being created in accordance with Chapter 110, Public Laws 1988, to carry out the responsibilities set forth under P.L. 1947, C. 151, (c. 52:27BB-26 et seq.) by this law and further reference can be found in N.J.S.A. 40A:9-140.1 et seq., as amended.
The Department of Public Works is hereby reorganized to include the following new divisions formerly known as departments: Street Division, Water Division, Sewer Division, Recycling Division, Buildings and Grounds Division.
This section does not eliminate the position of director of public works, nor does it require that the mayor and council hire someone to said position, and during a vacancy or prolonged absence in the position of director of public works, the mayor and council shall be the appointing authority and be empowered to make all managerial decisions with respect to the Department of Public Works.
The Borough shall take all appropriate legal steps with the New Jersey Department of Personnel to reclassify any employees affected by this section.
[Ord. #632; Ord. #2001-832; Ord. #2009-141]
Public Works Director, Duties.
Administration, work planning and scheduling, budget preparation, and supervision of work forces for maintenance and minor improvements to streets, sewers, parks, building and grounds, water treatment and water systems;
Direct supervision and control of the water and street departments which hereinafter shall comprise the division of public works.
Said director of public works to be on call 24 hours per day - seven days per week.
Status. Director of public works is a non-civil service unclassified managerial position. He is appointed as a department head under the mayor's authority pursuant to N.J.S.A. 40A:60-5(g).
This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Borough of Union Beach.
Pursuant to the provisions of N.J.S.A. 40A:11-11 (5), the Borough of Union Beach, as a participating contracting unit, is hereby authorized to enter into a cooperative pricing agreement with the County of Monmouth, as the lead agency, and other participating contracting units within the County of Monmouth for the purchase of selected work, materials and/or supplies.
The lead agency shall be responsible for complying with the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the Revised Statutes of the State of New Jersey, as to the bidding, award and execution of master contracts on behalf of itself and any participating contracting units, as well as for purchases made by the lead agency for its own needs under the master contract. Each respective participating contracting unit which chooses to purchase under a master contract shall be responsible to enter into a separate contract with the vendor, to certify the availability of funds, to issue purchase orders, to accept delivery and to make payment for those items purchased by that participating contracting unit for its own needs.
All ordinances or parts thereof inconsistent with this section shall be and the same are hereby repealed.
This section shall take effect immediately upon final passage and publication according to law.
The Monmouth County Prosecutor and the Monmouth County Chiefs of Police Association have created the Monmouth County Mutual Aid Agreement (the agreement) to provide a mechanism for participation in a program designed to provide supplemental police protection for all municipalities joining in such agreement.
The provisions and procedures for providing mutual police assistance are set forth in the agreement, which shall be known as The Monmouth County Municipal Aid Agreement, a copy of which is on file in the office of the borough clerk for inspection during the normal working hours.
The mayor and council find that participation in the agreement will benefit the citizens of the municipality.
Pursuant to N.J.S.A. 40:48-1(6) and N.J.S.A. 40A:14-156.1, it hereby authorizes execution of and participation in the agreement and adopts this section as a reciprocal agreement with all municipalities participating in the county-wide mutual aid compact.
It hereby authorizes the chief of police to be the representative of the Borough of Union Beach to execute the Declaration of Joinder in the Monmouth County Mutual Aid Agreement.
It hereby accepts the terms and conditions set forth in the agreement which may be amended from time to time only by resolution adopted by the governing bodies of the respective participating municipalities.
This section is separate and distinct from any mutual aid agreements previously entered into between the Borough of Union Beach and any other municipalities and shall remain in effect until the agreement is dissolved or until a formal ordinance is adopted by the governing body withdrawing from the agreement.
A certified copy of this ordinance shall be provided by the borough clerk to:
Pursuant to Public Law 1997, C.256 there hereby is created the office of municipal public defender. The public defender shall be nominated by the mayor, with the advice and consent of the council.
The initial term of municipal public defender shall be from the date appointed for the balance of calendar year 1998, and thereafter, upon appointment as provided in subsection 2-24.1, shall serve for a term of one year, provided, however, the term shall expire on December 31 of the year of appointment.
The municipal public defender shall provide all necessary and desirable legal counsel and advice required for the defense of cases in the Municipal Court of the Borough of Union Beach on behalf of those indigent defendants who are entitled by law to appointment of counsel and as approved by the Municipal Court Judge as set forth in P.L. 1997, C.256.
Every person who makes application to the Union Beach Municipal Court for representation by the public defender and is thereafter represented by the public defender in any matter pending before the court shall pay an application fee of $200. The municipal court may waive this required application fee, in whole or in part, if the court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.
The municipal public defender shall be paid an annual salary, of not less than $1,500, which shall be established by salary ordinance. The payment shall be apportioned pro rata for the actual portion of the year in which the public defender serves and shall be paid by payroll check biweekly with all deductions provided for and the public defender shall be an employee of the Borough of Union Beach and entitled to enrollment in the New Jersey Public Employees Retirement System with the employee and the borough providing the statutorily required contributions. The public defender shall only be required to attend court when his clients are listed on the calendar, and in no event more than once every two months.
The chief financial officer shall establish and administer a dedicated fund for the deposit of funds collected from the applicants pursuant to subsection 2-24.4 for use to meet the costs of providing the services of the office of public defender and when necessary, expert and lay investigation and testimony.
The office of municipal prosecutor is hereby created. The municipal prosecutor shall be nominated by the mayor with the advice and consent of the council.
The municipal prosecutor shall serve for a term of one year, provided, however, the term shall expire on December 31, of the year of appointment.
The municipal prosecutor shall provide all necessary and desirable legal counsel and advice for the preparation of cases in the municipal court on behalf of complainants who are public officials including but not limited to, police officers, county and state law enforcement officers, code, construction, and health officers and such other complainants as practicable, and when possible in accordance with law and cannons of ethics.
The mayor and council hereby ratify retroactively the office of municipal prosecutor and the appointments heretofore made including that of the person presently serving in such office.
The municipal prosecutor shall be paid an annual salary, which shall be established by salary ordinance. The payment shall be apportioned pro rata for the actual portion of the year which the municipal prosecutor serves and shall be paid by payroll check biweekly with all deductions provided for and the municipal prosecutor shall be an employee of the Borough of Union Beach and entitled to enrollment in the New Jersey Public Employees Retirement System with the employee and the borough providing the statutorily required contributions.
[Ord. #2001-820; Ord. #2004-40]
Same is hereby adopted by reference in its entirety. Copies of the "Employee Manual" are available for examination and copying at purchaser's expense at the office of the borough clerk during the regular business hours of the borough.
The borough is hereby empowered to adopt, rescind and amend by resolution, from time to time, personnel policies and procedures, adopted pursuant to said resolution(s).
Same shall be applicable to all officials; appointees; employees; prospective employees and volunteers of the Borough of Union Beach.
The personnel Administrator described herein shall be the individual department heads of each department within the Borough of Union Beach, who 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.
A length of service awards program (LOSAP) is herewith created in accordance with N.J.S.A. 40A:14-183 et seq. to reward members of the Union Beach Fire Department and the Union Beach First Aid Squad (inclusive of the fire companies and first aid squad recognized and sanctioned by the borough) for their loyal, diligent and devoted services to the residents of Union Beach.
The LOSAP shall provide the fixed annual contributions to be made by the borough annually to a deferred income account for each volunteer member who the borough determines meets the annual eligibility criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Union Beach pursuant to the Act; 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 section.
The LOSAP shall provide for annual contributions for each eligible member whom the borough has determined has performed and accrued 80 points of service in the particular calendar year pursuant to the Union Beach LOSAP point system. The annual contribution for each eligible member accruing the required 80 points shall be the amount set forth in the following schedule based upon length of prior service. The borough reserves the right to amend the point system and schedule.
The estimated cost of the program has been calculated as follows:
For regular annual services $64,000 per year.
Each active volunteer member shall accrue and be credited with points, to be totaled on an annual basis per calendar year, for volunteer services provided as per the Union Beach LOSAP point system schedule set forth herein as part of this section. The fire department and first aid squad shall at the conclusion of each calendar year provide a list and recommendation as to the members achieving the required 80 points of service and the basis for that recommendation. The mayor and council will thereafter make the determination as to members on the list as to compliance with the eligibility requirement for each calendar year.
Editor's Note: The LOSAP point system schedule, referred to herein, may be found as an attachment to this chapter.
Editor's Note: The Length of Service Awards Program (LOSAP) codified herein was approved by the electorate of the Borough of Union Beach at the General Election of November 4, 2003 and became effective July 1, 2004.
The borough administrator shall be nominated by the mayor and appointed with the advise and consent of the borough council. The borough administrator shall receive a contract of no less than one year and no more than three years. Any vacancy shall be filled by the mayor and council. The borough administrator is a non-civil service unclassified managerial position. He is appointed under the mayor's authority pursuant to N.J.S.A.40A:60-5(g).
During the absence or disability of the duly appointed borough administrator, the mayor and council may by resolution, appoint an officer or regular employee of the municipality to perform such duties of the borough administrator. Such absence or disability shall be limited to three months after which time such absence or disability may be deemed a vacancy.
The borough administrator shall be appointed on the basis of his executive and administrative abilities and qualifications with special regard to education, training and experience in governmental affairs.
The borough administrator shall be the chief administrative officer of the Borough of Union Beach, and shall be responsible to the mayor and council as a whole for the proper and efficient administration of the business affairs of the borough. The duties and responsibilities shall relate to the general management of all borough business, excepting those duties and responsibilities conferred upon other borough officials by state statute and other applicable laws, rules and regulations promulgated by the state and county agencies, decisional law or ordinance of the Borough of Union Beach.
The following department heads shall report directly to the borough administrator: borough clerk, tax collector, treasurer, chief of police, director of public works, construction official/building inspector and code enforcement officer.
[Ord. #2009-141, § 1; Ord. #2013-197]
The borough administrator shall perform all of the following described duties and such other duties as shall be assigned to him from time to time by resolution of the mayor and council.
The borough administrator shall supervise and direct the business activities of all borough departments, including the direction and purchasing and recommend to the mayor and council the employment and replacement of personnel as may be required in said department.
He shall serve as the personnel officer of the borough. In that capacity the borough administrator shall recommend personnel to the mayor and council for employment by the borough. The borough administrator shall recommend to the mayor and council the discharge of any employee. He may discipline or suspend any employee under his direct supervision pursuant to applicable civil service procedure. No person shall be disciplined, suspended, or recommended to be discharged, without just cause. Any employee disciplined or suspended by the borough administrator shall have the right to appeal such action to the mayor and council. He shall advise the mayor and council of all discipline before the next regularly scheduled meeting.
He shall prepare and submit to the finance committee before the close of the fiscal year, or on such alternate date as the finance committee shall determine, a proposed budget for the next fiscal year, and an explanatory budget message. In preparing the proposed budget, the borough administrator shall obtain from the head of each department, agency, board or officer, estimates of revenues and the expenditures and other supporting data as he requests. The borough administrator shall review such estimates and may revise them before submitting the proposed budget to the finance committee.
He shall be responsible for the administration of the budget after its adoption by the mayor and council and the implementation of the work programs contained in the budget.
He shall attend all meetings of the mayor and council and their committees, boards or bodies as directed and provide input when requested, and he shall receive notices of all regular and special meetings of the mayor and council.
He shall see that the provisions of all franchises, leases, contracts, permits, licenses and privileges by the borough or to the borough are complied with.
He shall see that all money owed to the borough is promptly paid, and that the proper proceedings are taken for the security and collection of all of the borough's claims.
He shall be a qualified purchasing agent (QPA) and he shall be the purchasing officer of the borough, and he shall purchase in accordance with the provision of the governing statutes and sound purchasing practices, all supplies and equipment for various agencies, boards, departments and other offices of the borough. He shall issue rules and regulations governing the requisition and purchase of all supplies and equipment, consistent with the provisions of this section.
All complaints regarding services of personnel of the borough shall be referred to the office of the borough administrator. He shall investigate and dispose of such complaints and shall keep a written record of such complaints and the action taken in response thereof, and shall provide a copy thereof to the mayor and council.
He shall, at the request of the mayor and council, assess the duties and responsibilities of any appointed official and any department of the borough, submitting his report relating thereto the mayor and council for such further action as the mayor and council may deem advisable.
He shall keep the mayor and council informed as to the federal aid projects and state aid projects and any other aid programs for which the borough may qualify.
He shall supervise and continually review the borough's insurance program and make periodic reports thereof to the mayor and council.
He shall perform such duties as may be assigned to him from time to time by the mayor and council.
He shall receive as salary as per his contract of employment or as may be fixed and adopted by the mayor and council in the annual Salary Ordinance of the Borough of Union Beach.
[Ord. No. 2013-198 § 1]
There is hereby created the position of deputy municipal clerk in the Borough of Union Beach.
[Ord. No. 2013-198 § 2]
The duties of the position of deputy municipal clerk shall be all the functions, powers and duties of the clerk in the absence of or upon the direction of the clerk and who shall perform such other functions, powers and duties as may be directed by the clerk.
[Ord. No. 2017-260]
The Construction Official shall be nominated by the Mayor and appointed with the advice and consent of the Borough Council. The Construction Official shall receive a contract of no less than one year and no more than three years. Any vacancy shall be filled by the Mayor and Council. The Construction Official as the chief administrator of the enforcing agency pursuant to Chapter 10, subsection 10-1. 1a, is therefor a department head. As such this position is a non-civil service unclassified managerial position. The Construction Official shall be appointed under the Mayor's authority pursuant to N.J.S.A. 40A:60-5(g).
[Ord. No. 2017-260]
During the absence or disability of the duly appointed Construction Official, the Mayor and Council may by resolution, appoint an officer or regular employee of the municipality to perform such duties of the Construction Official. Such absence or disability shall be limited to three months after which time such absence or disability may be deemed a vacancy.
[Ord. No. 2017-260]
The Construction Official shall be appointed on the basis of his executive and administrative abilities and qualifications with special regard to education, training and experience in governmental affairs. The Construction Official shall be qualified pursuant to N.J.A.C. 5-23 et seq.
[Ord. No. 2017-260]
The Construction Official shall be the Chief Administrative Officer of the Building Department of the Borough of Union Beach, and shall be responsible to the Borough Administrator for the proper and efficient administration of the business affairs of the Building Department. He shall see that the provisions of Chapter 10, Building and Housing, as well as all Uniform Construction Code and all ancillary subcodes as shall be adopted and amended by the State of New Jersey and its departments and agencies.
[Ord. No. 2017-251]
The State of New Jersey has been engaged in a process to establish a competitive market place through deregulation and restructuring the electric utility market.
The establishment of a government aggregator and an energy aggregation program to purchase electric generation service and pursuant to N.J.S.A. 48:3-93.1 et seq. and N.J.A.C. 14:4-6.1 et seq. will increase competition for the provision of electric power to residential users, thereby increasing the likelihood of lower electric rates for these users without causing any interruption in service.
Under the aggregation process the residential ratepayers will receive a direct reduction in their electric bills.
The realization of energy costs savings is in the interests of the health, safety and welfare of the residents of the Borough of Union Beach (the "Borough").
The Borough hereby finds that it is in the best interests of residential and nonresidential electric ratepayers for the Borough to create the opportunity for them to enter into an aggregation agreement in order to seek substantial savings on electric rates.
[Ord. No. 2017-251]
The Borough publicly declares its intent to become an aggregator of electric power on behalf of its residential users of electricity pursuant to the Government Energy Act of 2003, N.J.S.A. 48:3-91.3 to 98, and implementing regulations.
[Ord. No. 2017-251]
The Borough will utilize Commercial Utility Consultants and Concord Energy Services Reverse Energy Auction Platform pursuant to the NJ E-PROCUREMENT Pilot program (P.L. 2001, c.30) under the NJ Department of Community Affairs. The Reverse Energy auction will seek bids from licensed and appropriate third party suppliers. If such winning bid is selected and agreement executed, individual residential consumers would retain the option not to participate and to choose any alternatives they desire.
[Ord. No. 2017-251]
The Mayor and Borough Clerk are hereby authorized and directed to execute any documents necessary to carry out the purpose of the section.