[Union Beach is governed under the borough form of government
outlined in N.J.S.A. 40A:60-1 et seq. 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 N.J.S.A. 2B:12-1 et seq., Municipal Court; N.J.S.A. 40:55D-69,
Zoning Board of Adjustment; N.J.S.A. 40:55D-1 et seq., Planning Board;
N.J.S.A. 26:3-1 et seq., Board of Health; N.J.S.A. 40A:14-118 et seq.,
Police Department; and Board of Recreation Commissioners, N.J.S.A.
40:12-1 et seq.]
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:
a.
PUBLIC SAFETY COMMITTEE - Shall mean the committee appointed by the
mayor with jurisdiction over the department.
b.
COUNCIL - Shall mean the mayor and council of the borough.
c.
DEPARTMENT - Shall mean the police department of the borough.
d.
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.
e.
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."
a.
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.
b.
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.
a.
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.
b.
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.
c.
The appropriate authority to receive regular communications from
the chief of police shall be the public safety committee subject to
the line of authority.
d.
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.
e.
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.
a.
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.
b.
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
Any special duty assignment which is cancelled on less than an hour's
notice shall be charged against the party.
g.
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.
h.
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]
[Whenever used herein, a pronoun in the masculine gender shall
be considered as including the feminine gender unless the context
clearly indicates otherwise.]
[Amended 2-25-2021 by Ord. No. 2021-298]
a.
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 members 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.
b.
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. 34:2-21.17). The Fire Department shall make certain
that the members of this organization are covered by accident, sickness
and worker's 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.
[Amended 2-25-2021 by Ord. No. 2021-298]
a.
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.
b.
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.
c.
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.
d.
The structure
and organization of the Board of Fire Commissioners shall be as follows:
1.
Officers.
The officers shall consist of a president, vice president, secretary
and treasurer and they shall serve for a term of one year.
2.
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.
3.
Duties
of Officers.
(a)
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.
(b)
The
vice president shall perform the duties of the president in the event
of the president's absence.
(c)
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.
(d)
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.
4.
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.
5.
The Board
of Fire Commissioners may adopt such other rules and regulations for
its government not inconsistent with this section or any of the fire
companies' by-laws.
6.
The quorum
of the Board of Fire Commissioners shall consist of one member from
each company for all matters, except a hearing, as defined above in
subsection 2- 7.3 e, in which case the quorum shall control.
[Ord. #270, § 1; 2-25-2021 by Ord. No. 2021-298]
a.
The officers
of the Fire Department shall consist of a Chief and one Assistant
Chief.
1.
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.
2.
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.
3.
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:
(a)
Name.
(b)
Home
address.
(c)
Birth
date.
(d)
Social
Security number.
(e)
Driver's
license number.
(f)
Any
conviction of violation of N.J.S.A. 2C:17-1.
(1)
Aggravated arson;
(2)
Arson;
(3)
Failure to control or report dangerous fire;
(4)
Directly or indirectly pays or accepts any form of consideration
for the purpose of starting a fire or explosion;
(5)
Any conviction of violation of N.J.S.A. 2C:33-3, False Public Alarms;
(6)
Any conviction of a crime or disorderly persons violation; or
(7)
Such other information as the volunteer fire company deems relevant
to the application provided none of such information is prohibited
by law.
4.
Following
the filing of such application, the volunteer fire company shall transmit
a copy of the application 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.A. 2C:17-1a, b, c, or/and d or N.J.S.A. 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.
5.
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.
6.
The above
investigation by the Chief of Police shall be completed within 30
days of receipt of the application and the fingerprinting of applicant.
b.
Beginning
in 2021, each year the Department will elect an incoming Assistant
Chief for the following calendar year who will serve for one year
and transition to Department Chief the following year, also for a
term of one year. Interested and eligible candidates for the office
of Assistant Chief must submit a letter of interest and resume to
the Board of Fire Commissioners by June 1 of the preceding year. Any
ex-chief of the Department applying for the office of Assistant Chief
must have a minimum break in service from his/her last completion
of the office of Department Chief of two full years before assuming
a term as Assistant Chief. Upon receipt of a candidate's application
for Assistant Chief, the president of the Board of Fire Commissioners
shall present the application to the Chiefs Selection Committee within
three days. The Chiefs Selection Committee shall be comprised of the
last three Department Chiefs, including the current Department Chief.
The Chiefs Selection Committee will review each application for accuracy
and determine if the candidate meets eligibility requirements. The
Fire Department will hold its annual Assistant Chief election at the
Department meeting held during the month of September each year. The
Chiefs Selection Committee chairperson will announce all eligible
candidates for the position of Assistant Chief. Election to the position
will be by receiving the most votes of eligible active members present
at the meeting. Voting will be by secret ballot tabulated openly by
the members of the Board of Fire Commissioners at the meeting. If
there is a tie for most votes between two or more candidates, the
remaining candidates receiving less votes will drop out and be excluded
from the next ballot. This procedure will continue until one candidate
receives the most votes of the eligible active members present at
the meeting. If no candidates have been presented to the members of
the Department at the September meeting, an eligible active member
of the Department may be nominated from the floor. A special Department
meeting will be called for a new election once all required documents
and proof of eligibility of the candidate/candidates nominated from
the floor have been received/reviewed by the Chiefs Selection Committee.
c.
The company whose turn it is to select the various officers as indicated above in Subsection 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.
d.
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.
e.
In the
event the Chief and/or Assistant Chief fail to perform his/her 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 the Chief or Assistant
Chief 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 2/3
of members present to render a verdict.
f.
No person
shall be eligible to hold the office of Chief or Assistant Chief as
hereinbefore provided unless he has previously served as captain,
first lieutenant or second lieutenant in one of the constituent fire
companies.
[Amended 2-25-2021 by Ord. No. 2021-298]
a.
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.
b.
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.
c.
The Chief shall be responsible for the Fire-matic training, efficiency
and proper conduct of the Department.
1.
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.
2.
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.
3.
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.
4.
He shall make, or cause to be made, early in the month of May, complete
inventory of all equipment in standard form.
5.
He shall keep, or cause to be kept, an accurate record of all activities
of the Department on standard form.
6.
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.
7.
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.
8.
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.
[Amended 2-25-2021 by Ord. No. 2021-298]
a.
The Assistant 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.
b.
In the absence of the Chief and Assistant Chief, the senior line
officer at the fire shall be in charge, the seniority shall be as
per Chiefs rotation.
c.
Chief's Responsibilities.
1.
Subject to overall command of the Chief and Assistant 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.
2.
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.
[Amended 2-25-2021 by Ord. No. 2021-298]
a.
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.
b.
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.
c.
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.
d.
The duties of the fire police subject to the supervision aforesaid
shall be to:
1.
Protect property and contents;
2.
Establish and maintain fire lines;
3.
Perform such traffic duties as necessary, from the fire station,
to and at the vicinity of the fire, fire drill or other emergency
call;
4.
Wear the authorized fire police badge on the left breast of the outermost
garment while on duty;
5.
Nothing herein contained shall give the fire police the right to
supersede the authority of a duly authorized police officer.
e.
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.
f.
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.
[Amended 2-25-2021 by Ord. No. 2021-298]
a.
Equipment furnished by the Borough out of public funds shall be maintained
in good order, housed against weather, efficiently utilized and protected
against theft.
b.
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.
c.
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 or Assistant
Chief, excepting in those cases of mutual assistance presently in
force or existent.
[Amended 2-25-2021 by Ord. No. 2021-298]
a.
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 section
is hereby repealed.
b.
No person shall drive any vehicle over fire hose except upon specific
orders from the Chief or other officer in charge.
c.
Only an active fireman shall be permitted to drive fire apparatus.
Such driver must have a current driver's 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.
d.
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 $500 and costs.
e.
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.
f.
The volunteer companies may conduct their usual fund raising and
social activities presently conducted within their own charters.
g.
The Board of Fire Commissioners shall meet once a month.
h.
The Fire Department shall meet not less than two times per year and
the meeting will be called by the Board of Fire Commissioners.
[Ord. #2]
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.
[Amended 3-18-2021 by Ord. No. 2021-300]
The Board of Health of the Borough shall consist of seven members,
to be selected and appointed by the Mayor and Council. The Mayor and
Council shall also appoint a registrar of vital statistics, board
secretary and such other officers, agents and assistants as necessary,
in the opinion of 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.
[Amended 3-18-2021 by Ord. No. 2021-300]
Annually the Board of Health shall meet and organize and elect
and appoint a presiding officer, 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.
[Ord. #165]
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:
|
Schedule 1:
|
|---|
|
A list of employees in the borough with their dates of appointment,
salary and title; and their proposed status, title and divisional
Classification.
|
|
Schedule 2:
|
|---|
|
Class specifications in alphabetical order including definitions,
examples of work, educational and experience requirements, and knowledge
and abilities.
|
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.
a.
Signatures Authorized and Required on Checks. All checks made by
the Borough of Union Beach shall be signed as follows:
1.
Treasurer/chief financial officer or in the absence of the treasurer/chief
financial officer, the assistant treasurer - original signature only;
and
2.
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
3.
The borough clerk - original signature or facsimile signature which
can only be used if there are two other original signatures.
b.
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.
[Ord. #100]
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]
a.
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.
b.
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]
[1]
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]
[Ord. #533]
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:
a.
Plan, coordinate, and develop a recycling program for the efficient
disposal of recyclable material.
b.
Develop and implement plans for the promotion of recycling activities.
c.
Write and distribute educational material, press releases and other
informational materials to promote the recycling program and encourage
participation by residents in the Program.
d.
Assist the appropriate borough officials in submitting applications
for recyclable grants and preparing recycling proposals and contracts.
e.
Assist in the enforcement of the borough's mandatory recycling ordinance
to ensure compliance by residents and businesses.
f.
Speak before various groups to inform them of the purpose and goals
of the borough's recycling program.
g.
To make such recommendations to improve the effectiveness and efficiency
of the borough's recycling operations.
h.
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.
[Ord. #569]
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.
[Ord. #629]
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]
a.
Public Works Director, Duties.
1.
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;
2.
Direct supervision and control of the water and street departments
which hereinafter shall comprise the division of public works.
3.
Said director of public works to be on call 24 hours per day - seven
days per week.
b.
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).
[Ord. #666]
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.
[Ord. #689]
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:
[Ord. #98-775]
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.
[Ord. #98-775]
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.
[Ord. #2000-814]
a.
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.
b.
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.
c.
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.
|
Length of Service
|
Borough Contribution
|
|---|---|
|
1 through 2 years
|
$100 per volunteer
|
|
3 through 4 years
|
$400
|
|
5 and over
|
$800
|
|
The fire department and first aid squad will make a recommendation,
and the mayor and council will determine, the Length of Service credit,
to the maximum prior service credit permitted by the Act, to be established
for each member for prior volunteer service with the fire department
or first aid squad before the effective date of this section and program.
That prior service determination will establish the position on the
Length of Service Schedule for each existing member of the fire department
or first aid squad upon the initiation of this program commencing
July 1, 2004.
|
d.
The estimated cost of the program has been calculated as follows:
1.
For regular annual services $64,000 per year.
e.
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.[2] 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.
[2]
Editor's Note: The LOSAP point system schedule, referred to
herein, may be found as an attachment to this chapter.
[1]
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.
[Ord. #2009-141]
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.
[Ord. #2009-141]
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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.
k.
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.
l.
He shall supervise and continually review the borough's insurance
program and make periodic reports thereof to the mayor and council.
m.
He shall perform such duties as may be assigned to him from time
to time by the mayor and council.
n.
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.
