[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2010 by Ord. No. 2010-1336 (Ch. 63 of the 1966 Code)]
A. 
Pursuant to N.J.S.A. 2B:12-1, there is hereby created a joint municipal court composed of the Borough of Montvale, and the Boroughs of Park Ridge and Woodcliff Lake (collectively, the "municipalities"), all located in Bergen County, New Jersey, to be known as the "Pascack Joint Municipal Court."
B. 
The Pascack Joint Municipal Court will be governed by a shared services agreement among the aforesaid municipalities and is subject to the terms thereof which will embody the provisions of this article.
C. 
Montvale shall provide the Joint Court facilities, personnel, and resources at the Montvale Municipal Building located at 12 Mercedes Drive, Montvale, and all Joint Court sessions shall be held at the Montvale location.
(1) 
Joint Court facilities will include the courtroom, office(s) and storage space for Court administration, Judge's chamber, Prosecutor's office, and archive storage.
(2) 
Joint Court personnel will include a Judge, Prosecutor, Public Defender, Court Administrator and Court staff, as well as standard security personnel.
(3) 
Joint Court resources will include, but not be limited to, state-provided computer hardware and software, audio-visual equipment, appropriate municipal court forms, and manual and electronic payment processing.
D. 
The Joint Court operations shall be managed by Montvale as a joint court pursuant to N.J.S.A. 2B:12-1b, using one set of books and one court calendar.
E. 
The municipalities will each receive and retain all net revenues generated by all cases on their respective court dockets as is currently provided and in accordance with applicable statutes.
The effective date for the creation of the Pascack Joint Municipal Court shall be the later of March 1, 2011, or the date of approval by the State of New Jersey Administrative Office of Courts and the Assignment Judge of the Superior Court of New Jersey, Bergen County. The Court shall remain in effect until December 31, 2018, unless subsequently extended or renewed by the municipalities.
The jurisdiction of the Pascack Joint Municipal Court shall be coextensive with the territory of the Boroughs of Montvale, Park Ridge, and Woodcliff Lake.
A. 
A Joint Court Advisory Committee (herein referred to as the "Advisory Committee") is created and shall consist of two Council members from each municipality together with the respective Borough Administrators of the municipalities, the Joint Court Administrator and the Joint Court Judge. The Mayors of the municipalities shall be ex officio members of the Advisory Committee. The Advisory Committee shall periodically meet as may be necessary to ensure that all of the obligations under this agreement are being satisfied.
(1) 
Each municipality shall have one vote regardless of the number of Advisory Committee representatives appointed. The Joint Court Administrator and Joint Court Judge shall be members of the Advisory Committee but shall not have voting privileges.
(2) 
The Advisory Committee shall meet at such times and places as deemed necessary, but in no event less than annually, and shall be responsible for raising and addressing questions or concerns related to Joint Court operations and long-term planning. A meeting of the Advisory Committee may be called by the Joint Court Judge or by any two municipalities.
(3) 
The Advisory Committee shall review the qualifications of all Court professionals being considered for appointment to the Joint Court. The Court professionals shall be recommended by the majority vote of the Advisory Committee.
B. 
Each municipality shall annually notify the other municipalities of the name(s) of its Advisory Committee representatives and identify their representative with primary voting responsibility and their alternate voting member no later than 15 days after its respective municipal reorganization meeting.
C. 
All Advisory Committee actions must be approved by a simple majority of the voting members, except as otherwise provided.
D. 
Initial Joint Court Administration personnel shall be selected by the Advisory Committee from among the current court staff of the municipalities. Thereafter, responsibility for hiring, administration, oversight, and discipline of all Joint Court Administration personnel shall be the sole responsibility of Montvale, except as otherwise provided by law. Montvale shall be responsible for payment of the salary, wages, and any associated benefits provided to these employees, subject to contribution as set forth in this article. The services of these employees will be made available to the municipalities, as needed.
A. 
Responsibilities of Montvale.
(1) 
Montvale shall act as the lead agency in the delivery of Joint Court facilities, personnel, and resources.
(2) 
The enforcement officers of Montvale shall coordinate their court calendar requirements with the Joint Court, which shall hold regular court sessions as determined by the Judge.
(3) 
Montvale shall coordinate the Joint Court calendar for case hearings with the supported municipalities. Wherever practical, case hearings requiring prisoner transport for each municipality will be held together in order to minimize demands on the local police forces.
(4) 
Judge and other professional personnel.
(a) 
Montvale shall discontinue the use of its current professionals upon commencement of the Joint Court and shall appoint and/or employ the professionals selected by the Advisory Committee.
(b) 
Montvale shall be responsible for payment of the salary, wages, and any associated benefits that may be provided to these Court professionals for the term of the agreement, subject to contribution as set forth in this article.
(c) 
The services of all appointed Court professionals will be made available to all municipalities per the Joint Court calendar.
(5) 
Montvale shall provide standard courtroom security for all court sessions. Prisoner transport shall be the responsibility of the municipality requiring such prisoner transport. Extraordinary security measures requiring additional security personnel shall be determined by the Judge. The cost of providing extraordinary security will be shared equally by the municipalities.
(6) 
Montvale will be responsible for arranging the repairs, maintenance, or replacement of any damaged or unusable facilities, furniture and/or resources in the Joint Court facilities and the public municipal hall. Montvale and the supported municipalities will share equally the cost of all such repairs, maintenance and replacement. It is understood and agreed that the Joint Court is responsible for a pro rata share of repairs, maintenance and/or replacement of facilities, furniture and resources that are utilized by the Joint Court and other entities in Montvale, such as the Planning Board and governing body, and that the Joint Court's pro rata share of such costs are properly attributable to the Joint Court for purposes of this agreement.
B. 
Responsibilities of Woodcliff Lake and Park Ridge.
(1) 
The municipalities of Woodcliff Lake and Park Ridge shall be deemed the "supported municipalities" under the terms of this article.
(2) 
The enforcement officers of the supported municipalities shall coordinate their court calendar requirements with the Court Administrator of the Joint Court.
(3) 
Each municipality shall retain the right to hire its own Court professionals if desired, as provided by the New Jersey Statues, under separately negotiated employment contracts and at its sole cost.
(4) 
The supported municipalities shall discontinue use of their current Court Administration personnel upon commencement of the Joint Court and shall appoint and/or employ the Court Administration employees selected by the Advisory Committee.
(5) 
The supported municipalities shall provide for their own prisoner transport.
A. 
There shall be one Joint Municipal Court Judge. Pursuant to Article VI, Section VI of the New Jersey Constitution, the Judge of the Joint Court shall be nominated and appointed by the Governor, with the advice and consent of the Senate. Any and all recommendations made to the Governor for such nomination and appointment shall be made by the Advisory Committee in consultation with the Vicinage Assignment Judge. During any vacancy in the office of Judge of the Joint Court, the Acting Judge shall be appointed by the Vicinage Assignment Judge, in accordance with N.J.S.A. 2B:12-6.
B. 
The Municipal Court Judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance. The Judge shall be an attorney-at-law of the State of New Jersey. Whenever the Municipal Court Judge is unable to sit as such, he may designate any other judge of any municipal court to sit for him/her temporarily and hold the Municipal Court. Any such judge shall possess all of the powers of the Municipal Court Judge.
C. 
The Municipal Court Judge shall faithfully carry out all of the duties and responsibilities of a Municipal Court Judge and shall abide by all rules and regulations established for municipal courts and Municipal Court Judges by the Administrative Office of the Courts.
D. 
The Municipal Court Judge shall have full management authority of judicial operations of the Court. Administrative operations shall be under the control of the Advisory Committee to the extent permitted by law and authorized by agreement of the municipalities.
E. 
The compensation of the Municipal Court Judge shall be determined by the Advisory Committee, and such compensation shall be allocated and billed to each municipality as set forth herein.
There shall be one Prosecutor of the Municipal Court who shall prosecute all cases in the Municipal Court. The Prosecutor shall be appointed for a one-year term by the Advisory Committee and the municipalities in accordance with the procedures set forth in this article. The compensation of the Prosecutor shall be determined by the Advisory Committee, and such compensation shall be allocated and billed to each municipality as set forth herein.
There shall be one Public Defender of the Municipal Court who shall represent those defendants assigned by the Municipal Court Judge. The Public Defender shall be appointed for a one-year term by the Advisory Committee and the municipalities in accordance with the procedures set forth in this article. The compensation of the Public Defender shall be determined by the Advisory Committee, and such compensation shall be allocated and billed to each municipality as set forth herein.
There shall be an Administrator of the Municipal Court who shall perform the functions and duties prescribed for the Administrator by law, by the rules applicable to municipal courts and by the Municipal Court Judge. The Administrator shall be appointed in accordance with the procedures set forth in this article. The compensation of the Administrator shall be determined by the Advisory Committee, and such compensation shall be allocated and billed to each municipality as set forth herein. The Administrator's duties shall include, but not be limited to:
A. 
Carrying out the rules, regulations, policies and procedures relating to the operations of the Municipal Court.
B. 
Interviewing and speaking to persons wishing to file criminal complaints or quasi-criminal complaints or wishing information in this regard.
C. 
Receiving complaints and dispensing information relating to Municipal Court matters.
D. 
Maintaining the financial records of the Municipal Court, including receiving and accounting for fines and costs.
E. 
Attending Municipal Court; recording pleas, judgments and dispositions; arranging trial calendars; signing Municipal Court documents; preparing and issuing warrants and commitments and other Municipal Court-related documents.
F. 
Maintaining and classifying records and files of the Municipal Court.
G. 
Maintaining, forwarding, receiving and reporting such records, reports and files as required by the appropriate agencies.
H. 
Carrying out such additional duties as may be required in order to fulfill the duties of Administrator.
There may be one or more Deputy Court Administrators of the Municipal Court who shall be appointed in accordance with the procedures set forth in § 20-4, provided that funds are provided for such purpose in the Municipal Court budget. Deputy Municipal Court Administrators shall perform the functions assigned to them by the Municipal Court Judge and the Administrator. The compensation of the Deputy Administrator shall be determined by the Advisory Committee, and such compensation shall be allocated and billed to each municipality as set forth herein.
There may be appointed such other necessary clerical and other assistant staff for the Municipal Court as is necessary for the efficient operation of the Municipal Court, who shall be appointed in accordance with the procedures set forth in this article for administrative personnel. The compensation of these employees shall be determined by the Advisory Committee, and such compensation shall be allocated and billed to each municipality as set forth herein.
A municipality may withdraw from participation in the Joint Municipal Court by delivering written notice to the Joint Court and all municipalities of its intentions to withdraw no less than one full year prior to the date of withdrawal. All withdrawals shall be effective January 1, no earlier than one full year subsequent to the date of notice of withdrawal. Withdrawal of one or more municipalities from the Joint Court shall not preclude the other municipalities from forming or continuing a joint municipal court on terms acceptable to them.
Montvale may solicit other municipalities to the Joint Court. In the event that a contract with an additional municipality is pending or contemplated, Montvale will present the anticipated impacts on staffing and operating expenses to the Advisory Committee and recommend adjustments to the annual base fee associated with providing Joint Court facilities, personnel, and resources, as appropriate. Notwithstanding the foregoing, any amendment to include an additional municipality shall require approval by all municipalities as required by law and the agreement authorized by this article.
A. 
The Administrator shall prepare or have prepared a budget for the Municipal Court which shall be submitted to the governing body of each municipality no later than October 1 of each year. The budget shall set forth an estimate of all expenses and projected revenues for the upcoming calendar year and shall be in a form that is consistent with municipal budgets. By November 15 of each year, the Advisory Committee members shall adopt a budget in accordance with the procedures set forth in this article. If a budget and appointments are not approved by that date, then one or more meetings shall be held among the Advisory Committee, the Administrator and the Municipal Court Judge until such time as a budget and appointments agreeable to all members are agreed upon by December 31. Any irreconcilable differences shall be decided by the Vicinage Assignment Judge.
B. 
Accounting records for the expenses associated with Joint Court operations will be maintained by Montvale and shall be available for inspection by municipalities upon request. Review of actual expenses associated with the delivery of Joint Court services will be done at least annually by the Advisory Committee.
C. 
Full accounting records of each calendar year's Joint Court operations will be available no later than the statutory municipal audit filing date of June 30 of the following year.
A. 
Each of the supported municipalities will keep in force, at their respective sole expenses, comprehensive general liability insurance with insurance companies licensed in the State of New Jersey or with the Bergen County Municipal Joint Insurance Fund, which insurance shall be evidenced by certificates and/or policies as determined by Montvale.
B. 
Each of the supported municipalities shall respectively provide this comprehensive general liability insurance with a combined single limit of $1,000,000/$3,000,000 aggregate for bodily injury and property damage. A claims made policy is not acceptable. This insurance shall indicate on the certificate of insurance the following coverages:
(1) 
Operations;
(2) 
Use of independent contractors and/or subcontractors;
(3) 
Products and completed operations;
(4) 
Broad form contractual;
(5) 
Broad form property endorsement.
C. 
Each certificate or policy shall require that a thirty-day notice shall be given to Montvale by registered mail, return receipt requested, if any policy or any individual coverage is altered or canceled. All such notices shall name the municipality and identify the agreement or municipal contract number if applicable.
D. 
Certificates of insurance shall be delivered to the Borough of Montvale, prior to the commencement of the agreement authorized by this article, and all certificates of insurance shall name the Borough of Montvale, its officers, employees and agents as additional insured thereon.
E. 
The insurance required under this section shall protect each of the supported municipalities and all subcontractors, respectively, against damage claims which may arise from operations under this article whether such operations are by the insured or by anyone directly or indirectly employed by the supported municipalities and also against any of the special hazards which may be encountered in the performance of the Joint Court agreement authorized by this article.
F. 
All policies and certificates of insurance shall be approved by each of the municipalities prior to the inception of any work done under the Joint Court agreement authorized by this article.
A. 
Contribution.
(1) 
The supported municipalities shall each pay a percentage of the total costs incurred annually for the use of the Joint Court facilities, personnel, and resources ("operational costs"). This percentage will be equal to the ratio of court revenue realized by each municipality to total court revenue for all municipalities. The Advisory Committee shall review the cost allocator percentage on an annual basis. The percentage used to allocate responsibility for operational costs shall not be revised more than once per year.
(2) 
Each supported municipality shall pay its share of the operational costs quarterly, no later than the 15th day of April, July, October, and January, directly to the Borough of Montvale. This payment entitles each of the supported municipalities to the full use of the Joint Court facilities, personnel, and resources.
(3) 
The municipalities recognize that Montvale will incur some implementation expenses associated with the establishment of the Joint Court, including those specifically and uniquely required by the State of New Jersey Administrative Office of Courts and the Assignment Judge of the Superior Court of New Jersey, Bergen County. Proposed implementation expenses will be reviewed by the Advisory Committee and, if deemed reasonable by a majority of the Advisory Committee, will be apportioned equally among each of the municipalities to this agreement for payment. The supported municipalities each agree to pay Montvale their equal share of implementation expenses within 60 days after submission of the bill and invoice.
(4) 
Municipal checks for payment shall be made out to the Borough of Montvale, reference the invoice number on the memo line, and be returned to the Municipal Treasurer, Borough of Montvale, 12 Mercedes Drive, Montvale, New Jersey 07645.
B. 
Revenue.
(1) 
All municipal revenue accounts will be reconciled on or before the 15th day of each month per New Jersey Court Rule 7:14-4, Financial Control. Supporting financial data by municipality from the Joint Court information system will be used to establish the accurate amounts to be transferred to each party to the Joint Court agreement.
(2) 
Checks for monthly revenue will be made out to the municipalities within three business days of municipal revenue account reconciliation and mailed to the appropriate municipal building address.
(3) 
Municipality income accounting will be done monthly to track and report on the monthly revenue transfer from Joint Court to each municipality; and a quarterly municipal income summary will be generated showing all income by municipality by month and for the quarter.
As provided in the Uniform Shared Services and Consolidation Act, P.L. 2007, c. 63 (N.J.S.A. 40A:65-1 et seq.), in the event of any dispute as to the amount to be paid under the terms of the Joint Court agreement, the full amount shall be paid without prejudice to the disputing parties. If through subsequent negotiation, litigation, or settlement, the amount due shall be determined, agreed to, or adjudicated to be less than was actually so paid, Montvale shall promptly pay the excess owed.
The governing body of the Borough of Montvale is hereby authorized to enter into a shared services agreement embodying the provisions of this article pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq. (the "Act") in accordance with the terms thereof. In the event of a discrepancy between this article and the Uniform Shared Services and Consolidation Act and any amendments thereto, the Act shall take precedence.
[Adopted 4-12-2005 by Ord. No. 2005-1232 (Ch. 38, Art. IV, of the 1966 Code)]
All requests for discovery in matters pending in the Borough of Montvale Municipal Court shall be submitted through the Municipal Prosecutor.
[Amended 3-26-2013 by Ord. No. 2013-1372]
The fees payable by the requestor to the Borough of Montvale for the discovery provided shall be as set forth in § 97-7 of this Code. Notwithstanding the foregoing, to the extent said fees conflict with the fee schedule promulgated by the Administrative Director of the Courts, the latter shall control.
Where the discovery must be obtained from an entity other than the Borough of Montvale, e.g., another police department, the actual costs paid to the other entity shall be paid by the requestor.