[Ord. #111, S 1 ]
A Municipal Court for the Borough is established pursuant to
the provisions of Chapter 264 of the Laws of 1948, as amended and
supplemented.
[Ord. #111, S 2]
The name of the Municipal Court shall be the "Municipal Court
of the Borough of West Long Branch."
[Ord. #111, S 3]
The Municipal Court shall have a seal which shall bear the impress
of the name of the court.
[Ord. #111, SS 4-6]
a. Appointed. There shall be a Municipal Judge of the 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,
subject to the statutes prescribing the filling of vacancies.
b. Salary. The Municipal Judge shall receive an annual salary as established
in the Annual Salary Ordinance.
c. Powers and Duties. 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.
[Ord. #111, S 7]
The Municipal Court Clerk shall be appointed in accordance with
the statutes and shall be paid as provided in the Annual Salary Ordinance.
[Ord. #490]
The Municipal Court shall be held in the Borough Hall. The Municipal
Judge shall sit weekly at a time and day to be fixed by the Municipal
Judge.
[Ord. #296, SS 1, 2]
a. Position Established. There is hereby established the position of
Deputy Municipal Court Clerk.
b. Duties. The duties of Deputy Municipal Court Clerk shall be to assist
the Municipal Court Clerk in the performance of all the duties incumbent
upon that office in the absence, disability or incapacity of the Municipal
Court Clerk.
[Ord. #0-94-4]
The Municipal Court may impose court costs on any violations
of State statutes or Borough ordinances up to a maximum of $30 per
offense.
[Ord. #56, SS 1-3]
a. Duties. In addition to the duties heretofore assigned to and performed
by the Borough Clerk, he shall be assigned desk room and be on duty
at Borough Hall at all times during business hours; the Clerk shall
be the Chief Administrative Officer of licenses and permits. The Clerk
shall attend all meetings of the Council and of any committee meeting
when requested. He shall perform such other duties as may be assigned
to him or be required by ordinance or resolution of the Borough Council.
The Clerk shall further perform all duties set forth by state law,
including those set forth in N.J.S.A. 40A:9-133e and any amendments
made thereto.
[Amended 5-16-2018 by Ord. No. O-18-6; 6-3-2020 by Ord. No. O-20-8]
b. Salary. The compensation of the Borough Clerk shall be published
in the Annual Salary Ordinance and shall be payable in equal semi-monthly
installments.
[Ord. #357, SS 1-4]
a. Appointed. There is hereby created the office of Tax Assessor, First
Deputy Tax Assessor and Second Deputy Tax Assessor, who shall be appointed
by the Mayor with the advice and consent of the Borough Council.
b. Terms. The Tax Assessor and Deputy Tax Assessors shall serve for
a term of four years from the first day of July next following appointment.
c. Duties. The Tax Assessor shall hold a Tax Assessor Certificate as
provided in N.J.S.A. 54:35.25 et seq., and shall have the duty of
assessing property for the purpose of general taxation. The Deputy
Tax Assessors shall hold a Tax Assessor Certificate and shall act
under the direct supervision of and assist the Tax Assessor.
d. A vacancy in the office of Tax Assessor or Deputy Tax Assessors,
other than due to expiration of term, shall be filled by appointment
for the unexpired term.
[Ord. #288, A 1-4]
a. Office Created. There is hereby created and established the office
of Municipal Prosecutor.
b. Duties of Municipal Prosecutor. The person appointed to the office
of Municipal Prosecutor shall represent the members of the Police
Department of the Borough in all proceedings brought in the Municipal
Court of the Borough, shall prosecute all matters initiated by the
Construction Official, all Subcode Officials and Zoning Officer in
the Municipal Court of the Borough and shall perform any and all duties
assigned to him by the Borough Council in relation to such office.
c. Qualifications, Term of Office and Method of Appointment. The person
appointed to the office of Municipal Prosecutor shall be a duly licensed
attorney in good standing of the State of New Jersey and shall hold
office for a term not exceeding one (1) year but not beyond December
31 of the year of his or her appointment. However, if no replacement
has been appointed to fill the office after December 31 of the year
of the appointment, the person shall continue to serve until replaced
or until his or her services are terminated by vote of the Borough
Council. The Mayor shall nominate and, with the advice and consent
of the Council, appoint the Municipal Prosecutor. The nomination shall
be made at the annual Organizational Meeting of the Borough Council.
If the Mayor fails to nominate a person within 30 days of the Organizational
Meeting, or the Council fails to confirm any nomination made by the
Mayor, then after the expiration of the 30 days, the Council shall
appoint the Municipal Prosecutor. No appointment shall be made except
by the vote of a majority of the members of the Council 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 case of a tie. This procedure for the appointment of a Municipal
Prosecutor upon the nomination by the Mayor and confirmation by the
Council, shall also apply in the event of a vacancy in the office
with the Mayor being obligated to make a nomination within 30 days
from the date of the vacancy.
d. Compensation. The compensation of the Municipal Prosecutor shall
be fixed by the Council according to the Annual Salary Ordinance.
[Ord. #508, SS 1-9]
a. Established. There is hereby established, and shall be, a Chief Financial
Officer for the Borough of West Long Branch. The Chief Financial Officer
shall also be known as the "Treasurer."
b. Salary. The compensation paid to the Treasurer shall be by annual
salary, fixed by ordinance. Such salary shall remain in effect until
changed by subsequent ordinance.
c. Requirements and Qualifications. The qualifications necessary to
become Treasurer, and the requirements to be met, shall be as fixed
by N.J.S.A. 40A:9-140.8 to 40A:9-140.16, together with any amendments
and supplements thereto.
d. Responsibilities. The Treasurer shall have, perform and exercise
all of the functions, powers and duties provided by general law and
Borough ordinances. He shall keep and maintain books and records of
all financial transactions of the Borough in accordance with the standards
and requirements of the Division of Local Finance in the Department
of Community Affairs of the State of New Jersey. He shall have custody
of all public monies of the Borough. All monies received from any
source by or on behalf of the Borough or any Department, Board, Office
or Agency thereof except as otherwise provided by Borough ordinance
shall be paid to the Treasurer who shall, within the next 48 hours
following their receipt, deposit them in an authorized public depository
of the Borough to the credit of the proper account.
e. Disbursements. Disbursements in payment of bills and demands shall
be made by the Treasurer upon preaudit and warrant of the Chairman
of the Department of Finance, approved by the Council, except that
payments from the payroll account shall be made pursuant to the "Payroll
Account" paragraph of this subsection. Every warrant shall be in the
form of a warrant check payable to the order of the person entitled
to receive it and shall specify the purpose for which it is drawn
and the account or appropriation to which it is chargeable. Each warrant
check shall bear the signatures of the Mayor and the Treasurer.
f. Payroll Account. There shall be an account designated as the "Borough
of West Long Branch Payroll Account" and from time to time the Borough
Treasurer, upon receipt of a warrant or an amount due such payroll
account, shall deposit it to the credit of the payroll account, charging
the appropriate budgetary accounts therewith. Disbursement from the
payroll account may be made by payroll checks signed by the Treasurer
and Mayor, or such person as may be authorized to act in his stead.
In case of error or adjustment in the payroll, the Treasurer shall,
and it shall be his duty to, make proper correction and appropriate
record of such correction.
g. Term of Office. The Treasurer shall be appointed annually by the
Governing Body to serve for a period of one calendar year and until
his successor is appointed and qualified. In the event of a vacancy
in the office of Treasurer, the position shall be filled for the balance
of the unexpired term.
h. Temporary Chief Financial Officer. If a vacancy occurs in the position
of Treasurer, the Governing Body may appoint, for a period not to
exceed the balance of the calendar year in which the vacancy occurs,
a Temporary Chief Financial Officer. Any such appointment shall be
made in accordance with the requirements of State law.
i. Tenure. Any person serving in the position of Treasurer shall obtain
tenure in that position in accordance with the provisions of State
statutes.
[Ord. #558, SS 1-4]
a. Established. There is hereby established the position of Assistant
Treasurer for the Borough of West Long Branch.
b. Salary. The compensation paid to the Assistant Treasurer shall be
by annual salary, fixed by ordinance, and shall remain in effect until
changed by subsequent ordinance.
c. Term of Office. The Assistant Treasurer shall be appointed annually
by the governing body to serve for a period of one calendar year and
until his/her successor is appointed and qualified. In the event of
a vacancy in the office of Assistant Treasurer, the position may be
filled for the balance of the unexpired term.
d. Responsibilities. The Assistant Treasurer shall make deposits of
all monies received from any source by or on behalf of the Borough
or of any of its subordinate departments within 48 hours following
the receipt of same, and deposit such funds to an authorized public
depository of the Borough to the credit of the proper account. The
Assistant Treasurer may further, under the conditions above, sign
checks of the Borough which would otherwise have required the signature
of the Treasurer/Chief Financial Officer; and perform any other duties
prescribed by law for the position of Treasurer.
[Amended 5-16-2018 by Ord. No. O-18-6]
[Ord. #O-96-6, SS 1-6; Ord. #O-05-2]
a. Position Created. There shall be a zoning officer.
b. Appointment. The Zoning Officer shall be appointed by the Mayor with
the advice and consent of the Council to serve for one calendar year.
If the Mayor fails to nominate a person within 30 days of any vacancy
in either position, or the Council fails to confirm any nomination
by the Mayor within 30 days of any such vacancy, then, after the expiration
of the said 30 days, the Council shall appoint the Zoning Officer.
No appointment shall be made except by the vote of a majority of the
members of the Council, 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.
c. Term; Vacancies. The Zoning Officer, after having been duly appointed,
shall serve his/her term and shall continue to serve until his/her
successor has been duly appointed and qualified. Vacancies shall be
filled for the balance of any unexpired term.
d. Salary. The Zoning Officer shall receive an annual salary as established
in the annual salary ordinance.
e. Position to be Part-Time. The Zoning Officer shall be a part-time
position. The hours constituting such part-time services shall be
as hereafter fixed by resolution of the governing body.
[Ord. #O-96-10, SS 1-6]
a. Position Created. There shall be a Purchasing Agent.
b. Appointment. The Purchasing Agent shall be appointed by the Mayor
with the advice and consent of the Council to serve for one calendar
year. If the Mayor fails to nominate a person within 30 days of any
vacancy in this position, or the Council fails to confirm any nomination
by the Mayor within 30 days of any such vacancy, then, after the expiration
of the said 30 days, the Council shall appoint the Purchasing Agent.
No appointment shall be made except by the vote of a majority of the
members of the Council, 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.
c. Term; Vacancies. The Purchasing Agent, after having been duly appointed,
shall serve his/her term and shall continue to serve until his/her
successor has been duly appointed and qualified. Vacancies shall be
filled for the balance of any unexpired term.
d. Salary. The Purchasing Agent shall receive an annual salary as established
in the annual salary ordinance.
e. Duties. The duties of the Purchasing Agent are as follows:
1. Act as the contracting agent of the Borough.
2. Attend meetings of municipal agencies as requested.
3. Keep accurate and current records of all purchases made by the Borough.
4. Prepare bid specifications for the purchase of work, materials, supplies,
or services desired to be acquired by the Borough when the aggregate
value thereof exceeds the effective bid threshold amount as set forth
in and determined pursuant to the Local Public Contracts Law, N.J.S.A.
40A:11-1, et seq.
5. Review and recommend to the governing body the award of bids duly
solicited in accordance with the above-mentioned statutory procedures.
6. Develop and prepare purchasing procedures manual to be approved by
the governing body and distributed to all municipal departments.
7. Explore the possibility of buying "in bulk" to enable the Borough
to take maximum advantage of all available discounts.
8. Monitor and evaluate vendor performance.
f. Position to be Part-Time. The Purchasing Agent shall be a part-time
position.
[Ord. #O-05-2, S 1]
a. Position Established. There is hereby created the position of Code
Enforcement Officer of the Borough of West Long Branch.
b. Duties. The duties of the Code Enforcement Officer shall be to investigate and enforce violations of the zoning code (Chapter
18) of the Revised General Ordinances of the Borough of West Long Branch. The Code Enforcement Officer shall also be authorized to investigate and enforce violations of Chapters
3 (Police Regulations), 9 (Building and Housing), X (Swimming Pools), 11 (Parks), 15 (Streets and Sanitation), 16 (Land Use Procedures) and 20 (Property Maintenance Code). In each case, the fact that the Code Enforcement Officer is authorized to enforce these ordinances shall not be exclusive. This means that if another person or office is empowered to enforce other sections of this ordinance, that power, duty and obligation shall remain in effect.
c. Appointment. The Code Enforcement Officer shall be appointed by the
Mayor, with the advice and consent of the Council, pursuant to N.J.S.A.
40A:60-6(d). He shall serve a term not exceeding one calendar year,
such appointment to terminate on December 31 of each year, or until
his successor is appointed and qualified; and shall be further subject
to the statutes prescribing the filling of vacancies.
d. Salary. The Code Enforcement Officer shall receive a salary as established
in the annual salary ordinance.
[Ord. #O-08-12, SS 1—10]
a. Creation of Office. There is hereby created the office of Administrator
of the Borough of West Long Branch.
b. Term of Office. The term of office for the Administrator shall be
one year, expiring on December 31 of each year. Any vacancy shall
be filled for the unexpired term.
c. Appointment and Removal. The Administrator shall be appointed by
the Mayor with the advice and consent of the Council. The Administrator
may be removed by a 2/3 majority vote of the constituted Borough Council,
and any resolution of removal shall become effective three months
after its adoption by the governing body. The governing body may provide
that the resolution shall have immediate effect; provided, however,
that the governing body shall pay the Administrator any unpaid balance
of his/her salary, together with his/her salary for the next three
calendar months following adoption of the removal resolution.
d. Other Offices. The Administrator may also hold another office or
position in the Borough for which he/she is qualified and which, in
the opinion of the Borough Council, is not incompatible or in conflict
with his/her duties as Administrator.
e. Definition of Office. The Borough Administrator shall be the Chief
Administrative Officer of the Borough. The Borough Administrator shall
serve under the direction of the Mayor and Council, but may receive
instructions from the Mayor or Council members between regularly scheduled
meetings or when the Council cannot be convened. Members of the Borough
Council, assigned to the coordination, liaison, and special responsibility
for areas of Borough government, shall exercise such functions through
and in conjunction with the Administrator's supervision of those areas.
f. Duties of Administrator.
1. Develop, promote, and implement with the approval of Mayor and Borough
Council, sound administrative and personnel practices and procedures
for all departments, offices, boards, commissions, authorities, employees,
agencies, and any other entity of the Borough (except for police members
that are personally subject to the provisions of the P.B.A. contract).
2. Attend all executive and public meetings of the Borough Council and
any other meetings when so requested by the Mayor and Council.
3. Be responsible for the operation of all departments and offices within
the Borough. All department heads and offices of the Borough shall
report to him/her and shall receive complaints against all departments,
boards and commissions. The Borough Administrator shall investigate
or dispose of such complaints and, if deemed necessary, consult with
the Mayor and/or Council for direction. A written record shall be
kept of such complaints.
4. Study, recommend, implement, and enforce personnel organization and
policy of the Borough and its departments. The Borough Administrator
shall serve as personnel officer and maintain sound personnel practices
and appropriate records of all employees. The Borough Administrator
will be responsible for the process of communicating changes in personnel
policies and specifying annual performance objectives for Borough
employees.
5. Recommend discipline, suspension, hiring or termination of Borough
employees under his/her direct supervision.
6. Shall have oversight responsibility over the processing of Zoning
and Planning Board applications and resolutions, and over the Board
Secretaries on the agendas.
[Amended 6-3-2020 by Ord. No. O-20-8]
7. Be responsible for assuring that the Borough and each of its departments
and all of its employees are in compliance with all applicable State
and Federal employment and work place laws such as EEO, ADA, FMLA,
OSHA, Workers Compensation, etc. In addition, the Administrator will
appear for, and be the responsible Borough representative in, all
statutory employment law related situations such as unemployment compensation
hearings, work place safety inspections, EEO audits and/or hearings,
and he/she will respond to related inquiries. This responsibility
includes all communications and training needed (as considered in
a legal determination of compliance).
8. Study, and make recommendations to the C.F.O. regarding the financial
procedures and policy of the Borough and its departments and assist
the C.F.O. with the preparation of the annual capital and operating
budgets. The Borough Administrator shall make recommendations to the
Mayor and Council as to salaries to be paid to Borough employees,
after consultation with department heads and review of performance
appraisals.
10. Maintain liaison with the officials of the Borough School District
as well as the Shore Regional High School Board of Education, as well
as any private schools within the Borough.
11. Inform the Mayor and Borough Council of Federal aid projects, State
aid projects, and any other aid programs for which the Borough may
qualify.
12. Prepare and submit grant applications.
13. Have overall supervision of the Department of Administration, and
be answerable to the Mayor and Borough Council.
14. The
Borough Administrator shall compile and submit to the Borough Council
the tentative annual budget; shall see that the laws and ordinances
of the Borough are enforced and obeyed; and shall see that all terms
and conditions imposed in favor of the Borough or its inhabitants
in any statute, public utility franchise or other contracts are faithfully
kept and performed, and upon knowledge of any violation shall call
the same to the attention of the Mayor and Council. The Borough Administrator
shall recommend to the Mayor and Council for adoption such measures
as he may deem necessary or expedient, and make reports to them when
requested, and at least once a year shall make an annual report of
this work for the benefit of the Borough Council and the public.
[Added 6-3-2020 by Ord. No. O-20-8]
15. The
Borough Administrator shall serve as the Borough's Equal Opportunity
Officer (EEO), Affirmative Action Officer (AAO) and Public Agency
Compliance Officer (PACO).
[Added 6-3-2020 by Ord. No. O-20-8]
g. Restrictions on Position.
1. At no time will the Borough Administrator engage in any organized
political campaigns within the Borough of West Long Branch, or publicly
offer any opinion with regard to a candidate in the Borough.
2. The Borough Administrator shall not have any interest, direct or
indirect, in any contract, subcontract or job for work, materials
or services or the profit thereof to be furnished to, or performed
for, the Borough. The Borough Administrator shall comply with the
local governments ethics law.
h. Qualifications for Position.
1. Bachelor's degree required, preferably in Business or Public Administration.
2. Five years experience in business and/or local government, with a
minimum of three years working in administration, finance, planning,
or similar area.
3. Individual should have knowledge of municipal operations, contract
administration, research methods and practices, budget and/or personnel
management.
4. Must be a resident of the State of New Jersey.
5. Have a valid Class "D" New Jersey Driver's License, or equivalent.
6. Be proficient in computer skills.
i. Hours of Work. The Borough Administrator is a full-time position,
which generally requires his duties to be performed during the duration
of the regular Borough business day, from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, but at times may and will exceed those general
hours and days, as needed, or as directed by the governing body.
[Amended 5-16-2018 by Ord. No. O-18-6; 6-3-2020 by Ord. No. O-20-8]
j. Compensation. The Administrator will be compensated in accordance
with the salary ordinance and any resolution fixing the precise salary
within any range created by the Borough ordinance.
[Added 8-1-2018 by Ord. No. O-18-8]
a. Position
Established. There is hereby created the position of Deputy Code Enforcement
Officer of the Borough of West Long Branch.
b. Duties.
The duties of the Deputy Code Enforcement Officer shall be to undertake
the same duties as the Code Enforcement Officer, but under the direction
and supervision of the Code Enforcement Officer.
c. Appointment.
The Deputy Code Enforcement Officer shall be appointed by the Mayor,
with the advice and consent of the Council. He shall serve a term
not exceeding one calendar year, such appointment to terminate on
December 31 of each year, or until his successor is appointed and
qualified; and shall be further subject to the statutes prescribing
the filling of vacancies. It shall, however, be within the council's
discretion as to whether to have a Deputy Code Enforcement at any
particular time.
d. Hours
of Employment. The Deputy Code Enforcement Officer shall be a part-time
position in which the Deputy Code Enforcement Officer shall not work
more than 20 hours per week.
e. Compensation.
The Deputy Code Enforcement Officer shall be compensated at an hourly
rate for hours of services rendered. The rate shall be fixed by either
the salary ordinance or resolution.
f. When Effective.
This section shall take effect immediately upon passage and publication
according to law.
[Added 1-20-2021 by Ord. No. O-21-3]
a. Position Established. There is hereby created the position of Deputy
Housing Inspector of the Borough of West Long Branch.
b. Duties. The duties of the Deputy Housing Inspector shall be to undertake
the same duties as the Housing Inspector, but under the direction
and supervision of the Housing Inspector.
c. Appointment. The Housing Inspector shall be appointed by the Mayor,
with the advice and consent of the Council. He/she shall serve a term
not exceeding one calendar year, such appointment to terminate on
December 31 of each year, or until his/her successor is appointed
and qualified; and shall be further subject to the statutes prescribing
the filling of vacancies. It shall, however, be within the Council's
discretion as to whether to have a Deputy Housing Inspector at any
particular time.
d. Compensation. The Deputy Housing Inspector, like the Housing Inspector,
shall be compensated by an additional stipend added to the salary
he/she is receiving for performing other Borough functions for which
he/she has been appointed. The rate shall be fixed by either the salary
ordinance or resolution.
e. Effective Date. This subsection shall take effect immediately upon
passage and publication according to law, and be retroactive to January
1, 2021.
[Ord. #369, S 1]
There is hereby established in the Borough a Police Department.
[Ord. #369, S 2]
a. The Mayor and Council shall designate and appoint a Chairman and
two members from among the membership of the Council who shall constitute
a Police Committee which Committee shall have and exercise, subject
to the approval of the Mayor and Council, authority and control of
the Police Department and shall establish such rules and regulations
for the operation and efficient working of the Police Department as
the Committee shall deem necessary and proper.
b. Such rules and regulations promulgated by the Police Committee when
adopted by the resolution of the Mayor and Council shall be and become
rules and regulations controlling the Police Department and the Borough
of West Long Branch which rules and regulations may be changed and
amended by resolution of the Mayor and Council.
[Ord. #369, S 3; Ord. #400, S 1; Ord. #O-01-8, S 2; Ord.
#O-12-15, S 8]
The authorized personnel of the Police Department shall consist
of the following:
b. No more than one Captain of Police;
c. No more than two Lieutenants;
d. Such number of Sergeants as the Mayor and Council may deem necessary;
e. Such number of Detectives as the Mayor and Council may deem necessary;
f. Such number of Corporals as have completed 18 years of service as
patrolmen;
g. Such number of Patrolmen as the Mayor and Council may deem necessary;
and
h. Such number of Probationary Patrolmen as the Mayor and Council may
deem necessary.
[Ord. #369, S 4; Ord. #400, S 2; Ord. #O-01-8, S 3; Ord.
#O-03-11; amended 6-21-2023 by Ord. No. O-23-11]
Pursuant to Ordinance No. O-23-11, all references to the Captain of Police in Subsection
2-8.4d,
e,
f and
g to Captain of Police shall, in the absence of there being a Captain of Police, refer to the Acting Chief of Police, should such an appointment had been made, and in the absence of the Chief of Police or any Acting Chief of Police, to the senior Lieutenant by time in rank.
a. The Chief of Police is the chief executive officer of the Department,
and is the final departmental authority in all matters of policy,
operation and discipline, and is responsible for the planning, directing,
coordinating, controlling and staffing of all activities of the Department.
The Chief of Police shall be subject to the Rules and Regulations
established by the Mayor and Council, shall be subject to the overall
supervision of the Police Committee.
b. The senior ranking officer by tenure in rank to the Police Chief
is the Executive Officer second in control to the Chief of Police,
shall perform all duties as assigned by the Chief of Police, and,
is, in the absence of the Chief of Police, but subject to the direction
of the Chief of Police, the departmental authority in all matters
of police, operation and discipline, and, is responsible for the planning,
directing, coordinating, controlling and staffing of all activities
of the Department. In the event the Chief of Police is no longer serving,
either because of illness, intended to be of a permanent nature, retirement,
or death, the senior ranking officer by tenure in rank to the Police
Chief shall serve in the place of the Chief of Police and, until such
time as an appointment is made to the position of Chief of Police,
shall serve as Acting Chief of Police.
c. The senior Lieutenant, by time in rank shall be the next junior rank
to the Chief of Police or Captain, in the event there shall be a Captain,
and shall perform such duties as are assigned by the Chief of Police,
Acting Chief of Police, should such an appointment have been made,
or Captain of Police, if there shall be a Captain of Police, and shall
be responsible for assisting in the planning, directing, coordinating,
and controlling, of assigned activities within the Department.
d. A Sergeant shall be the next junior rank to Lieutenant, and shall
perform such duties as may be assigned by the Chief of Police, the
Captain of Police, and the Lieutenant of Police. The Sergeant who
is senior in tenure shall be the officer in charge of the duty shift
in the absence of the Chief of Police, the Captain of Police, and
the Lieutenant of Police.
e. A Corporal shall be the next junior rank to Sergeant and shall perform
such duties as may be assigned by the Chief of Police, and the Captain
of Police, the Lieutenant of Police, and any Sergeant. The Corporal
who is senior in tenure shall be the officer in charge of the duty
shift in the absence of the Chief of Police, the Captain of Police,
the Lieutenant of Police, and any Sergeant.
The rank of Corporal shall be a courtesy rank for years of service,
and shall have no bearing on any promotional proceedings, nor any
salary increase.
f. A Police Patrolman shall be next junior rank to the Sergeant, and,
shall perform such duties as may be assigned by the Chief of Police,
Captain of Police, Lieutenant of Police, or Sergeant of Police. In
the absence of an officer of senior rank on duty, the Senior Patrolman
shall be the Officer in charge of the duty shift. The Senior Patrolman
shall be the Patrolman with the lowest number assigned.
g. A Probationary Patrolman, when appointed to the Police Department,
shall serve a period of probation of one year, which one year probationary
period shall begin on the date the Probationary Patrolman is graduated
from the Police Academy, or one year from the date of appointment
to the Police Department, whichever is later, during which time he
may be dismissed from the Police Department without cause or hearing.
The Probationary Patrolman shall perform such duties as are assigned
by the Chief of Police, Captain of Police, Lieutenant of Police, Sergeant
of Police, or Senior Patrolman, who is in charge of the duty shift.
[Ord. #369, S 5; Ord. #400, S 3; Ord. #O-08-19; Ord. No. O-2015-1 § 1]
No person shall be appointed to the Police Department unless
all of the following requirements are met:
a. Be a citizen of the United States, and a resident of the State of
New Jersey;
b. Be between the ages of 18 and 35;
c. Possess a High School diploma or State equivalency certificate;
d. Possess an associate's degree, college degree, or a minimum of 60
college credits;
e. Have normal hearing in both ears;
f. Have vision 20/30 or better in both eyes, without glasses or contact
lenses;
g. Have the ability to distinguish colors and not be color blind;
h. Have teeth which are in good condition, or have been satisfactorily
restored;
i. Body free from all physical defects which would interfere in any
manner with the performance of assigned police duties;
j. Possess a valid New Jersey automobile driver's license;
k. Be able to read, write and speak the English language at the level
of a high school graduate;
l. Be of good moral character;
m. Never have been convicted of a crime;
n. If the applicant has ever been in the military service, he must have
completed his service under honorable conditions;
o. Be eligible for membership in the Police Retirement System of the
State of New Jersey; and
p. Satisfactorily pass a physical agility examination, written examination,
medical examination, psycho-logical or psychiatric examination, and
oral interview. The Borough Council shall determine the form of each
examination to be provided to an applicant, and shall select the person
or entity to conduct each examination. Any applicant with a current
certification from the New Jersey Police Training Commission may,
on the recommendation of the Police Committee, and approval by the
Mayor and Council, be exempt from taking the written examination.
q. Service in any United States military branch for four years with
an honorable discharge may be substituted for the 60 college credits
requirement in paragraph d.
[Ord. No. O-2015-1 § 1]
[Ord. #369, S 7; Ord. #0-94-20; Ord. #O-01-8, S 3; Ord. #O-03-11;
Ord. # O-12-15 S 3]
a. All promotions shall be made by the governing body after receiving
and considering the recommendation of the Chief of Police and the
Police Committee.
b. Promotion recommendations shall be based upon seniority of service, evaluation of service merit, testing and interviews, as described in subsection
2-8.7A.
c. Five years of service in the West Long Branch Police Department is
required for promotion to the rank of Sergeant.
d. One year of service in the next lower filled rank is required for
promotion to the rank of Lieutenant or higher.
e. Upon promotion to the rank of Sergeant or higher there shall be served
a one year probationary period before such appointment becomes permanent.
[Ord. # O-12-15, SS 4-7, 9-17; Ord. No. O-2015-1 § 2; Ord. No. O-2015-14 §§ 1-4]
a. Purpose. The purpose of this subsection is to provide all eligible
candidates for promotion with fair notice and equal access to the
promotional process. Additionally, the goal of this subsection is
to strive to identify the most qualified members of the Police Department
for promotion to leadership positions within the department and to
set forth the components of the promotional process that will be utilized
in carrying out the process.
b. Promotions, Defined. Promotion denotes vertical movement or advancement
in the organization hierarchy from one rank to another, usually accompanied
by increases in salary. The promotional process begins with identifying
employees who have the potential for assuming greater responsibility
and who possess the skills, knowledge, maturity and abilities required
to perform at the level being considered for promotion. It is the
intent of the governing body to utilize a promotional process governed
by State law as well as in compliance with applicable standards of
the Commission on Accreditation of Law Enforcement Agencies, Inc.
c. Promotion to the Rank of Sergeant.
1. Eligibility. No person shall be eligible for a promotion to the rank
of Sergeant unless that person shall have served as a Police Officer
in the West Long Branch Police Department for at least five continuous
years prior to the deadline for submission of a letter of intent to
participate in the promotional process.
2. Educational Requirement. No person shall be eligible to participate
in the process for promotion to the rank of Sergeant unless that person
shall have obtained by February 1, 2016, an associate's degree, college
degree or a minimum of 60 college credits; and by February 1, 2020,
a bachelor's degree. Candidates for promotion shall be required to
submit an official college transcript or diploma evidencing satisfaction
of this requirement, unless the candidate has already submitted same
and one is on file in connection with the candidate's initial appointment
as a Police Officer. Any West Long Branch Police Officer hired before
the adoption of Ordinance No. O-2015-1, adopted February 4, 2015 shall
not be subject to the educational requirements for promotion. As a
result, only those Police Officers hired after the adoption of Ordinance
No. O-2015-1 shall be subject to the stated educational requirements
for promotion to the ranks of Sergeant, Lieutenant, Captain or Chief.
[Ord. No. O-2015-1 § 2]
3. Testing. Candidates for Sergeant shall participate in the testing process set forth in this Subsection
2-8.7A g.
4. The Chief of Police, or the senior member of the department, where
there is no Chief of Police, shall submit a written recommendation
to the governing body of the Police Officers whom he/she feels are
most suitable to be promoted to the position of Sergeant.
[Ord. No. O-2015-14 § 1]
5. An interview by the Police Committee of the Borough Council and/or
the governing body as a whole will be part of the promotional process.
d. Promotion to the Rank of Lieutenant.
1. Eligibility. No person shall be eligible for a promotion to the rank
of lieutenant unless that person shall have served at least 10 years
as a West Long Branch Police Officer and at least one year as Sergeant
prior to the deadline for submission of a letter of intent to participate
in the promotional process. To be eligible for promotion to the rank
of Lieutenant, the candidate shall have met all of the educational
requirements required for the rank of Sergeant, as set forth in this
subsection. Any West Long Branch Police Officer hired before the adoption
of Ordinance No. O-2015-1, adopted February 4, 2015, shall not be
subject to the educational requirements for promotion. As a result,
only those Police Officers hired after the adoption of Ordinance No.
O-2015-1 shall be subject to the stated educational requirements for
promotion to the ranks of Sergeant, Lieutenant, Captain or Chief.
[Ord. No. O-2015-1 § 2]
2. Letter of Intent and Resume. In order to be considered for promotion
to the rank of Lieutenant, an applicant must submit a letter of intent
to seek and serve in that position, together with his/her resume.
3. Testing. Though there shall be no requirement for testing candidates
for promotion to the rank of Lieutenant, the governing body shall
have the right to undertake such testing.
4. The Chief of Police, or the senior member of the department, where
there is no Chief of Police, shall make a written recommendation for
any promotion to the rank of Lieutenant.
[Ord. No. O-2015-14 § 2]
5. Should the governing body so decide, an interview by the Police Committee
of the Borough Council and/or the governing body as a whole will be
part of the promotional process.
6. The candidate selected for promotion to the rank of Lieutenant shall
undergo psychological testing and the psychological evaluator shall
advise the governing body whether the applicant is or is not psychologically
suitable for, and able to satisfactorily perform in, the position.
e. Promotion to the Rank of Captain.
1. Eligibility. No person shall be eligible for a promotion to the rank
of Captain unless that person shall have served in the rank of Lieutenant
in the Police Department for at least one year prior to the deadline
for submission of a letter of intent to participate in the promotional
process. To be eligible for promotion to the rank of Captain, the
candidate shall have met all of the educational requirements required
for the rank of Sergeant, as set forth in this subsection.
2. Letter of Intent and Resume. In order to be considered for promotion
to the rank of Captain, an applicant must submit a letter of intent
to seek and serve in that position, together with his/her resume.
Any West Long Branch Police Officer hired before the adoption of Ordinance
No. O-2015-1, adopted February 4, 2015, shall not be subject to the
educational requirements for promotion. As a result, only those Police
Officers hired after the adoption of Ordinance No. O-2015-1 shall
be subject to the stated educational requirements for promotion to
the ranks of Sergeant, Lieutenant, Captain or Chief.
[Ord. No. O-2015-1 § 2]
3. Testing. Though there shall be no requirement for testing candidates
for promotion to the rank of Captain, the governing body shall have
the right undertake such testing.
4. The Chief of Police shall make a written recommendation for any promotion
to the rank of Captain.
5. Should the governing body so decide, an interview by the Police Committee
of the Borough Council and/or the governing body as a whole will be
part of the promotional process.
f. Promotion to the Rank of Chief of Police.
1. No person shall be eligible for promotion to the rank of Chief of
Police unless that person shall have served in the next lower filled
rank for at least one year. To be eligible for promotion to the rank
of Chief, the candidate shall have met all of the educational requirements
required for the rank of Sergeant, as set forth in this subsection.
Any West Long Branch Police Officer hired before the adoption of Ordinance
No. O-2015-1, adopted February 4, 2015, shall not be subject to the
educational requirements for promotion. As a result, only those Police
Officers hired after the adoption of Ordinance No. O-2015-1 shall
be subject to the stated educational requirements for promotion to
the ranks of Sergeant, Lieutenant, Captain or Chief.
[Ord. No. O-2015-1 § 2]
2. Letter of Intent and Resume. In order to be considered for promotion
to the rank of Chief of Police, an applicant must submit a letter
of intent to seek and serve in that position, together with his/her
resume.
3. Should the governing body so decide, an interview by the Police Committee
of the Borough Council and/or the governing body as a whole will be
part of the promotional process.
g. Testing Process for Promotion to Sergeant.
1. The Chief of Police shall obtain permission from the governing body
(or Business Administrator or appropriate authority) to hold a promotional
examination process. After having received such approval, the Chief
of Police or his designee shall provide a written announcement of
the promotional process to all sworn personnel. The announcement shall
include a recitation of the eligibility and educational requirements,
if any, for the position. Candidates for promotion shall be required
to submit a written request to the Chief of Police or his designee
prior to the closing date of the announcement to participate in the
process. The announcement shall include a description of the promotional
process and should indicate to candidates the format, length and duration
of any examinations, together with a description of any other portions
of the promotional process, and a numerical weight assigned to each
element. No person shall be eligible to participate in a promotional
process unless he or she has submitted a written request prior to
the deadline set forth by the Chief of Police or his designee.
2. Examination. At least 45 days before the examination, the Chief of
Police or his designee shall announce the date, time and location
of the examination. The Chief of Police shall obtain authorization
from the governing body and/or the Business Administrator (or appropriate
authority) to enter into a contract with the New Jersey State Association
of Chiefs of Police, the International Association of Chiefs of Police
or other comparable testing entity to develop, conduct and grade the
examination. The examination will consist of a series of either multiple
choice, written or verbal questions or any combination of the same;
however, the same questions shall be submitted to each applicant.
The Chief of Police or his designee may submit or suggest any appropriate
topic areas or questions to the outside testing entity to include
in the examination. These questions will be based upon basic police
practices and may include police and investigative procedures, supervisory
and administrative principles, New Jersey criminal law, report writing,
search and seizure issues, New Jersey Attorney General Guidelines
and Directives and legal aspects and requirements of police work.
The Chief of Police or his designee shall provide a written announcement
of the reading list or syllabus of possible sources of materials utilized
in developing the test in order for candidates to prepare for the
examination. Eligible candidates who are scheduled to work during
the examination will be excused from duty to take the examination.
The examination shall account for 30% of a candidate's promotional
score, for advising and making recommendations to the governing body.
3. Seniority. Due consideration and preference shall be given to seniority
and length of service in accordance with N.J.S.A. 40A:14-129. Candidates
participating in the promotional process for the rank of Sergeant
shall be entitled to points for seniority. Seniority for sergeant's
candidates shall be calculated by awarding each candidate one point
if the officer has served the West Long Branch Police Department for
between five and six years; three points if the officer has served
the West Long Branch Police Department for a period of seven to nine
years; six points if the officer has served the West Long Branch Police
Department for 10 to 12 years; eight points if the officer has served
the West Long Branch Police Department for 13 to 14 years; and 10
points for service to the West Long Branch Police Department in excess
of 15 years, up to a maximum of 10 points. Years of service shall
be defined as the time running from the date of hire until the last
date applications for promotions were permitted. Seniority shall count
for 10% of the total score for providing promotional information to
the governing body.
4. Oral Interview. Candidates for the rank of Sergeant shall be evaluated
by a panel of evaluators scoring the candidate in a variety of job-related
areas. The oral interview evaluation panel shall consist of at least
five members (Chief, Captain, Lieutenant(s) and at least two Sergeants
to be selected by the Chief). If there are insufficient members of
any class (Chief, Captain, Lieutenant or Sergeant) to meet the requirements
of the membership of the oral interview evaluation panel, then all
members of the class having insufficient membership shall serve on
the panel as long as they are not in conflict. For oral interviews,
each candidate shall be presented with the same questions or topics,
designed to elicit open-ended responses so that the oral interview
panel can determine the candidate's promotional potential, maturity,
composure and leadership abilities. Each member of the oral interview
panel shall rate the candidate based upon a score of one to 100 in
the oral interview. The scores will then be added and divided by the
number of oral interviews to arrive at the candidate's score for the
oral interview phase. Candidates for promotion, as well as members
of the oral interview panel, shall not discuss or disclose the contents
or subject matter topics of the oral interview process until after
all oral interviews are concluded. The Chief of Police or his designee
shall require promotional candidates and oral interview panel members
to sign a confidentiality and nondisclosure agreement to insure compliance
with these requirements. In the event an evaluation portion is utilized,
the Chief of Police or designee shall cause a list of the categories
to be evaluated to be distributed to all sworn personnel at the time
the examination is announced. The oral interview evaluation portion
of the process shall be worth 60% of each applicant's total score,
for purposes of providing recommendations to the governing body.
[Ord. No. O-2015-14 § 4]
h. Conflicts. No person shall serve on the departmental oral interview
team if that person has a close personal or family relationship with
any candidate seeking promotion. Such member of the oral interview
panel shall disqualify himself or herself from the entire interview
process for all candidates.
i. Lateral Entry or Lateral Transfers. No lateral entry or lateral transfer
is permitted from another agency to a promotional rank within the
Police Department.
j. Security of Promotional Materials. The Chief of Police or his designee
shall be responsible for the security and custody of promotional materials.
All promotional materials will remain in the secured promotional file
located in the office of the Chief of Police or such other secure
area as designated by the Chief.
k. Release of Results and Promulgation of Eligibility.
1. At the conclusion of the promotional process, the Chief of Police
or his designee will publish and disseminate to all sworn personnel
the scores of each candidate in each phase of the promotional process,
together with the candidate's final score for the purposes of making
recommendations for promotion to the governing body.
2. After the expiration of the time for filing of appeals set forth
below and the disposition of any such appeal, the Chief of Police
or his designee shall publish and disseminate a list of eligible candidates
in the order of their final scores. Said eligibility list will be
distributed to all sworn personnel and to the Business Administrator
and governing body. The eligibility list will remain in effect for
a period of two years from the date of posting.
[Ord. No. O-2015-14 § 3]
3. Order of placement on the list shall be no guarantee of selection.
4. After the expiration of the eligibility list, candidates will be
required to reapply for and participate in any subsequent promotional
process.
l. Appeals of Promotional Process. Within 10 days of the publication
and dissemination of final scores and rankings of candidates, a candidate
may file a written appeal directed to the Chief of Police. Said written
appeal must contain the reason(s) or justification for said appeal.
The Chief of Police will assess the request and make a determination
as to how the request will be addressed, on a case-by-case basis.
For instance, appeals from any examination shall be directed by the
Chief of Police or his designee to the entity or testing agency which
developed, administered and/or graded the examination. As part of
any appeal, any candidate may review his or her evaluation or any
other internal document that was utilized in the promotional process.
The Chief of Police, after referral of the appeal to any outside testing
agency, if appropriate, shall decide the appeal within 15 days of
filing. The Chief of Police shall make a written decision on the appeal,
together with a brief statement of the reasons therefor. All decisions
by the Chief of Police on appeal shall be final.
[Ord. #369, S 8]
Each member of the Police Department shall devote his whole
time and attention to the business of the Department and is expressly
prohibited from employment in any other business or occupation provided,
however, that the Police Committee, upon application of any member
for permission to do so, may authorize such member of the Police Department
to engage in other employment which does not conflict or interfere
with the proper performance of duties as a member of the Police Department.
All members of the Police Department must be prepared to carry out
their duties immediately on notice that such service is required.
[Ord. #369, S 9]
Proper procedures for discipline, suspension and discharge of
police officers shall be established by the Mayor and Council as part
of the rules and regulations of the Police Department which the procedures
shall fully satisfy any and all requirements of constitutional due
process.
[Ord. #369, S 10; Ord. #400, S 4]
There is hereby established within the Police Department a Detective
Bureau, which shall be subject to the following:
a. All members of the Detective Bureau shall be members of the Police
Department assigned thereto by the Chief of Police. A Police Officer
assigned to the Detective Bureau shall serve at the discretion of
the Chief of Police.
b. The order of rank in the Detective Bureau shall be the same as in
the Police Department. The Chief of Police shall designate the supervising
officer of the Detective Bureau, who shall be responsible for the
supervision of the Detective Bureau personnel, including the assignment
and conducting of investigations.
c. The Detective Bureau shall be charged with the prevention of crime
and the investigation of criminal cases in the Borough, the detention
and arrest of criminal offenders, the recovery of lost and stolen
property, and the enforcement of all of the Laws of the State of New
Jersey and Ordinances of the Borough. The Detective Bureau, unless
directed otherwise by the Chief of Police, shall conduct all investigations
which the Police Department is required to conduct by local Ordinances
or State statute in connection with approvals for licenses or permits.
[Ord. #400, S 5]
There is hereby established within the Police Department a Traffic
Bureau, which shall be subject to the following:
a. All members of the Traffic Bureau shall be members of the Police
Department assigned thereto by the Chief of Police. A Police Officer
assigned to the Traffic Bureau shall serve at the discretion of the
Chief of Police.
b. The order of rank in the Traffic Bureau shall be the same as in the
Police Department. The Chief of Police shall designate the supervising
officer in the Traffic Bureau, who shall be responsible for the supervision
of the Bureau personnel, including the assignment and conducting of
investigations.
c. The Traffic Bureau shall be charged with promoting vehicular and
pedestrian traffic safety in the Borough, the investigation of vehicular
and pedestrian accidents and violations in the Borough, and the enforcement
of all of the Laws of the State of New Jersey and Ordinances of the
Borough. The Traffic Bureau shall, unless directed otherwise by the
Chief of Police, conduct all investigations and inspections required
by local ordinances or State statute in connection with motor vehicle
and pedestrian accidents and offenses, proposed site plans, and proposed
traffic and parking Ordinances, and shall make recommendations for
the improvement of traffic conditions in the Borough.
[Ord. #400, S 6]
There is hereby established within the Police Department a Firearms
Bureau which will be subject to the following:
a. The Officer in charge of the Firearms Bureau shall be a member of
the Police Department assigned thereto by the Chief of Police. The
Firearms Officer shall be responsible for all firearms training, instruction,
and inspections, and the maintenance of all firearms issued as the
property of the West Long Branch Police Department. The Firearms Bureau
shall assist in all investigations involving the discharge of any
firearm by a member of the West Long Branch Police Department, other
than for training purposes. The Firearms Bureau shall maintain a record
of the manufacturer, models and serial numbers of all firearms owned
and/or carried on duty or off duty by all members of the Police Department
and Special Police of the Borough, shall assist in investigations
in matters involving firearms, and shall make recommendations for
the improvement of program and activities relating to firearms.
b. The Officer in charge of the Firearms Bureau shall be the authorized
firearms instructor, and shall be responsible for the providing of
instruction to Police Department members in the safe use and care
of firearms, and shall provide firearms qualification tests to all
members of the Police Department at least twice every calendar year.
[Ord. #167, SS 1-11]
a. Appointed by Mayor and Council. The Mayor and Council may appoint
Special Policemen to assist the Police Department and for other duties
within the Borough as they may designate.
b. Term. The term of appointment for any Special Policeman shall not
exceed a period of one year. Such appointments may be revoked without
cause or hearing at the discretion of the Mayor and Council. All of
the powers, rights and duties of such Special Policemen shall immediately
cease at the expiration of their appointment.
c. Status Within Police Department; Conduct. Any person appointed as
a Special Policeman shall not be considered as a member of the police
force of the Borough. However, every such policeman shall comply with
the regular rules and regulations promulgated by the Mayor and Council
for the conduct and decorum of the regular members of the Borough
Police Department.
d. Qualifications. No person shall be appointed as such a Special Policeman
unless he is a citizen of the United States, able to read, write and
speak English, physically qualified and of good moral character and
shall not have been convicted of any crime. Every such Special Policeman
shall be fingerprinted and his fingerprints shall be filed with the
Division of State Police and the Federal Bureau of Investigation.
e. Eligibility Report. Before any such appointment is made, the Chief
of Police of the Borough shall ascertain whether the applicant for
the appointment is eligible and qualified and a report thereon shall
be made to the Mayor and Council.
f. Supervised by Chief of Police. Every such Special Policeman shall
be under the supervision and direction of the Chief of Police of the
Borough.
g. Carrying Weapons Off-Duty Prohibited. No such Special Policeman shall
carry a revolver or other weapon when off duty, except as otherwise
provided by law.
h. Oaths; Badges. All Special Policemen shall take a proper oath of'
office and shall be furnished with a badge.
i. Performance of Duties Restricted to Within the Borough. Every such
Special Policeman shall perform his duties only within the Borough
except when in pursuit of any person pursuant to the provisions of
Chapter 156 of Title 2A of the New Jersey Statutes.
j. Certificate of Appointment. Upon qualification and appointment of
any Special Policeman, a certificate of appointment shall be furnished
to the Special Policeman.
k. Monthly List of All Special Police. The Chief of Police shall furnish
the Police Committee at the end of each month a complete list of all
Special Policemen who were on duty, showing date worked, number of
hours and type of duty.
[Ord. #352, S 1; Ord. #566]
The incorporated limits of the Borough as now established under
an act entitled "An Act to Incorporate the Borough of West Long Branch,
in the County of Monmouth, and to Provide for the Holding of an Election,"
approved April 17th, 1908, and constituting Chapter 102 of the Laws
of 1908, shall be the fire district of this Fire Department.
[Ord. #352, S 2; Ord. #566]
The Fire Department of this Borough shall consist of the Borough
Chemical and Truck Co. No. 1 and West Long Branch Fire Co. No. 2.
[Ord. #352, S 3; Ord. #566; Ord. #O-06-11, S 2; Ord. #O-07-20,
S 1; Ord. #0-09-15]
Membership of the fire companies shall consist of the following
six classes:
a. Active.
1. The active membership of each company shall consist of no more than
75 members.
2. No person shall become an active member unless above the age of 18
years and not over the age as set forth in N.J.S.A. 40A:14-56, a citizen
of the United States, a resident of the Borough of West Long Branch,
County of Monmouth for upwards of six months. He shall be physically
fit to perform the duties of fireman evidenced by a certificate to
that effect by a practicing physician of the State of New Jersey after
a physical examination for that purpose. Fees associated with the
physical examination will be covered by the Borough.
3. The above age limit of and the six months resident requirement shall
not apply to a duly enrolled member of another fire department in
the State of New Jersey upon a transfer to the Department provided
he is at the time of transfer a member in good standing of the other
department. A letter from the company's secretary will be necessary.
4. Every person seeking to join the Fire Department or transfer thereto
from another department shall make application to the company which
he desires to join upon application form furnished by N.J. State Firemen's
Association available from the Borough Clerk's office. He shall become
a member of the Fire Department upon confirmation by the Mayor and
Council, and his name shall be entered on a roll of firemen kept by
the Borough Clerk. He shall be given a badge of membership by the
Borough Council which badge shall be delivered up to the Chief at
any time upon demand of the Chief, or whenever said person shall be
under charges involving moral turpitude or neglect of duty. At this
time, all company and Department-issued equipment will be relinquished
to the Chief.
5. All persons upon being admitted to active membership shall complete an initial probationary period. During said probationary period, the probationary firefighter will follow guidelines established in Subsection
2-9.3a,10. If said candidate has completed a probationary period in another department and can present documentation certifying same, he/she will be exempt from the aforementioned probationary procedures. Said initial probationary period shall not be less than one year nor more than two years. A member shall be considered to have successfully completed the initial probationary period if he:
(a)
Complies with requirements set forth by the New Jersey Division
of Fire Safety Firefighter requirements (NJDFS); and
[Amended 10-17-2018 by Ord. No. O-18-11]
(b)
Successfully completes a training review, established in Subsection
2-9.3a,10 administered by the Captain; and
(c)
Attends not less than 50% of the regular alarms of fires during
the probationary period, per year; and
[Amended 10-17-2018 by Ord. No. O-18-11]
(d)
Attends not less than 50% of the regular monthly meetings during
the probationary period, per year; and
[Amended 10-17-2018 by Ord. No. O-18-11]
(e)
Attends not less than 50% of the drills during the probationary
period, per year.
[Amended 10-17-2018 by Ord. No. O-18-11]
6. Every active member shall attend not less than 50% of regular alarms
of fires answered by the company during the calendar year. The total
number of alarms used in computing said percentage may include not
more than 12 fire drills called by the Chief, Training Committee,
or his Captain. Any active member who shall have been absent from
a fire alarm or drill for any reasons must contact the Captain setting
forth the excuse before the Captain's report of alarms and drills
is presented at the next regular company meeting. The total number
of excusable reasons used in computing said percentage shall not exceed
40% of the total number of regular alarms of fires.
[Amended 10-17-2018 by Ord. No. O-18-11]
7. Active members, after successful completion of the initial probationary
period, who thereafter fail to maintain 50% fire duty for two successive
years shall be stricken from the rolls of active members.
[Amended 10-17-2018 by Ord. No. O-18-11]
8. Any active member who has completely met all the qualifications of
this section for a period of not less than three years, and moves
to a town within the listed communities below may make notice in a
written letter of intent to retain his active membership rights. Said
letter must be received by the active member's own company secretary
within a six-month period to be eligible to retain active status.
[Amended 10-17-2018 by Ord. No. O-18-11]
9. When said active member has met all requirements set forth in Subsection
2-9.3a,8 of this section, he shall have all rights to be nominated and elected to any company and/or departmental level officer's position.
10. Firefighter Training Qualifications. Active members must comply with
the requirements set forth in NIMS (blood borne pathogens training,
right to know training, hazardous materials training, incident management
system training, etc.). Also must meet New Jersey Division of Fire
Safety Firefighter requirements (NJDFS). Any amendments or modifications
to the requirements above, in this section, shall be deemed changes
to this section, requiring compliance by active members. Course requirements
above may be conducted by the National Fire Academy, Monmouth County
Fire Academy, Fort Monmouth Fire Academy, New Jersey Division of Fire
Safety, or equivalent.
[Amended 10-17-2018 by Ord. No. O-18-11]
b. Active Exempt.
1. The active exempt membership shall consist of all those active members
who shall have been awarded exempt certificates for service from the
Borough of West Long Branch Borough Clerk who still fulfill the obligations
of an active member, and shall be subject to payment of dues.
2. Active exempt members who fail to meet the annual regulatory training
requirements shall be transferred to the roles of exempt membership.
c. Exempt.
1. The exempt membership shall consist of all those active members who
shall have been awarded exempt certificates, and who have not continued
their active status.
2. Exempt members shall be subject to the payment of dues, and shall
be entitled to all the rights and privileges of the company except
that they shall not hold the office of Chief, Assistant Chief, Captain,
or Lieutenant.
[Amended 10-17-2018 by Ord. No. O-18-11]
3. Exempt members shall attend not less than three monthly company meetings
a year prior to the election meeting to be eligible to vote in company
or departmental elections of officers.
4. If an exempt member wishes to change his exempt status back to active membership status, said member will have to meet the qualifications of the active membership category in Subsection
2-9.3a of this section for a period of not less than one complete year from the date of the change of status.
d. Associate.
1. The associate membership shall consist of not more than 25 members
of each company.
2. No person shall become an associate member unless above the age of
18 years, citizen of the United States, and a resident of the Borough
or listed communities or a full-time student at Monmouth University
or employee within the Borough who is able to respond to emergencies.
[Amended 10-17-2018 by Ord. No. O-18-11]
3. All persons seeking associate membership shall do so in accordance with the procedures set forth in Subsection
2-9.3a,4 and must meet the educational and regulatory requirements of Subsection
2-9.3a,5.
4. Associate members shall be entitled to all the rights and privileges
of the company except that they shall not be entitled to vote in the
elections for the office of Chief, Assistant Chief, Captain, or Lieutenant
nor shall they be eligible to hold such offices.
[Amended 10-17-2018 by Ord. No. O-18-11]
5. Associate members shall perform any and all duties incumbent upon
them as members of the Department, and they shall be subject to payment
of dues.
6. Requirements set forth in Subsection
2-9.8c,3 shall not apply to any existing associate member prior to the adoption of this Ordinance, O-06-11.
e. Honorary.
1. Honorary members shall not perform any firematic related duties.
2. Honorary members shall have no voting privileges, nor shall they
hold any fire company executive office, and shall be subject to pay
all company dues and fines.
f. Life.
1. Any active or active exempt member who shall have completed 25 years
of service and whose years of service and age when added total 75
or greater and who desires to be free of the obligation or membership
may at his request, by action of the company, be transferred to the
status of a life member.
2. Life members shall be entitled to all rights and privileges of active
members except that they shall not hold any Chief or Line Officer
position, and they shall not be subject to dues or fines but must
attend two company meetings per year to be eligible to vote for company
or departmental officers.
[Amended 10-17-2018 by Ord. No. O-18-11]
3. Any active or active exempt member who suffers a permanent disability
which prohibits his performing the normal duties may, by the action
of the Fire Company, be transferred to the status of Life Member.
[Ord. #0-94-19, SS 1-8; Ord. No. O-09-15]
a. Purpose. This subsection is enacted in part pursuant to N.J.S.A.
40:42-1 et seq. for the health, welfare and safety of its citizens
and to implement N.J.S.A.15:8-1.1.
b. Membership Defined. Membership in a volunteer fire company or West
Long Branch Emergency Medical Services, Inc., means membership in
the West Long Branch Fire Department (either company) or in the West
Long Branch Emergency Medical Services, Inc. Applicants for employment
within the Borough refers to all applicants other than those seeking
employment with the West Long Branch Police Department, which employees
have similar requirements under separate legislation.
[Amended 3-21-2018 by Ord. No. O-18-2]
c. Application Contents. Any adult person desiring membership in a volunteer
fire company or the West Long Branch Emergency Medical Services, Inc.,
or as an employee of the Borough, shall complete in duplicate, filing
the same with the Borough Clerk, a separate records check application,
which shall contain the following information about the applicant:
[Amended 3-21-2018 by Ord. No. O-18-2]
6. Any conviction of violation of N.J.S.A. 2C:17-1:
(c)
Failure to control or report dangerous fire, or
(d)
Directly or indirectly pays or accepts any form of consideration
for the purpose of starting a fire or explosion.
7. Any conviction or violation of N.J.S.A. 2C:33-3 (False Public Alarms).
8. Any conviction of a crime, as defined in N.J.S.A. 2C:1-4a, or a felony
or misdemeanor under Federal law, however, such person may be an honorary
member, if permitted by the company.
9. Any conviction of a disorderly persons offense, petty disorderly
persons offense or ordinance violation.
10. As to the volunteer fire company's application, such other information
as the volunteer fire company deems relevant to the application, provided
none of such information is prohibited by law.
11. As to the West Long Branch Emergency Medical Services, Inc.'s application,
such other information as the West Long Branch Emergency Medical Services,
Inc., deems relevant to the application, provided none of such information
is prohibited by law.
d. Investigation by Chief of Police. Following the filing of such records
check application, the Borough Clerk shall transmit one copy of the
application to the Chief of Police of the Borough of West Long Branch,
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 any violation of
any matter referred to in paragraph c,6, c,7 or c,8 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 Borough Clerk. The
Borough Clerk shall, thereafter, provide that information to the President
of the applicable Fire Company or the President of the West Long Branch
Emergency Medical Services, Inc., if the applicant is seeking membership
in such organization.
[Amended 3-21-2018 by Ord. No. O-18-2]
e. Fingerprinting of Applicant. 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 from the Division of State Police/State
Bureau of Identification for use in considering the suitability of
all applicants covered under this section.
f. This section is intended to make the volunteer fire company and the
West Long Branch Emergency Medical Services, Inc., an Authorized Agency
as defined by N.J.A.C. 13:59-1.1.
[Amended 3-21-2018 by Ord. No. O-18-2]
g. Time Limit for Investigation. The above investigation by the Chief
of Police shall be completed within 30 days of receipt of the application
and the fingerprinting of the applicant, unless such time shall be
extended by formal action of the governing body.
h. Fees. Any fees required for fingerprinting shall be paid by the Borough
and not by the Fire Company, Fire Department or West Long Branch Emergency
Medical Services, Inc.
[Amended 3-21-2018 by Ord. No. O-18-2]
[Ord. #352, S 4; Ord. #566; amended 10-17-2018 by Ord. No. O-18-11]
On the first Tuesday after the first Monday of December in each
election year, the companies shall elect one person to be known as
Chief of the Fire Department and one person to be known as Assistant
Chief. The Chief shall serve for a term of one year and the position
shall alternate between companies on a yearly basis. The Chief and
Assistant Chief shall not be members of the same company. Exempt,
active, active exempt, exempt and life members in good standing of
said Fire Companies shall be eligible to vote for said officers. The
secretary of each Fire Company in the Fire Department of the Borough
of West Long Branch shall not later than November 15, file with the
Borough Clerk, as a matter of public record, a list of all such members
who are then in good standing and entitled to vote at the election.
[Ord. #352, S 5; Ord. #566; Ord. #O-06-11, S 2; Ord. No. O-09-15]
No person shall be eligible for the office of Chief or Assistant
Chief who has not met all requirements of the position of Captain
and the following requirements:
a. Chief.
1. Three years' service in the Borough of West Long Branch as Line Officer
or Assistant Chief, and meets all requirements.
[Amended 10-17-2018 by Ord. No. O-18-11]
2. Meet all firefighter training qualifications listed in this section. Meet all years of service requirements set forth in Subsection
2-9.5.
[Amended 10-17-2018 by Ord. No. O-18-11]
3. If for any reason the term of Chief cannot be completed by the elected
Chief, a qualified nominee from the company which the vacancy arose
from will be voted upon in a special departmental election, to serve
the remainder of the Chief's term. Said election shall be held within
30 days of the vacancy.
b. Assistant Chief.
1. Two years' service in this Borough as Company Line Officer, and has
completed all requirements.
[Amended 10-17-2018 by Ord. No. O-18-11]
2. Meet all firefighter training qualifications. Meet all qualifications for the office of Lieutenant. Must meet all years of service requirements set forth in Subsection
2-9.5.
[Amended 10-17-2018 by Ord. No. O-18-11]
3. If for any reason the term of Assistant Chief cannot be completed
by the elected Assistant Chief, a qualified nominee from the company
which the vacancy arose from will be voted upon in a special departmental
election, to serve the remainder of the Assistant Chief's term. Said
election shall be held within 30 days of the vacancy.
c. The newly established educational requirements in Subsection
2-9.8b,
c and
d of this section shall not apply to the Chief or the Assistant Chief holding office at the time this section shall take effect.
[Ord. #352, SS 7-8; Ord. #566; Ord. #O-00-8; amended [Amended 10-17-2018 by Ord. No.
O-18-11]]
All nominations for the offices of Chief and Assistant Chief
shall be in the hands of the Borough Clerk not later than November
15 that year. The nominations for Chief and Assistant Chief to be
made only from the company from which the candidate is a member.
a. A nominating committee which will be comprised of the Training Committee
and two executive board members from each company will establish if
nominated candidates for Chief and Assistant Chief are qualified to
be elected for advancement or retain their position.
b. The Training Committee shall supply an up-to-date list of qualified
firefighters that meet all requirements for advancement to officer
status no later than the September company meetings.
c. When the nominating committee evaluates a candidate's training records
and finds them to be insufficient to advance ranks, the candidate
will be replaced by a candidate elected by the company which the vacancy
arose from. Such candidate will have to meet all requirements and
be established as a qualified candidate by the nominating committee.
d. All nominees for the position of Chief and Assistant Chief shall
meet the newly listed resident requirements listed in this section.
[Ord. #352, S 7-8; Ord. #566; amended 10-17-2018 by Ord. No. O-18-11]
The election for Chief and Assistant Chief shall be held at
the fire station of the nominated Chief belonging to the West Long
Branch Fire Department, the polls opening at 7:00 p.m. and closing
at 9:00 p.m. of the day appointed for holding the election, and shall
be conducted by ballot, and a statement of the results of the election
shall be signed by the judge and clerk of each company and transmitted
to the Borough Clerk, and shall be by him submitted to the Mayor and
Council at the next regular meeting held after the election, and the
Mayor and Council shall canvass the returns and declare the results,
and the persons so declared to be elected as Chief and Assistant Chief
shall hold office for year from the first day of January next ensuing.
a. The President and Secretary or designated company executive board
member of each company shall act as judge and clerk of the election
held under the provisions of this section.
[Ord. #352, S 9; Ord. #566; Ord. #578; Ord. #O-06-11, S 2;
Ord. #O-09-15; amended 10-17-2018 by Ord. No. O-18-11]
Each company in the Fire Department of the Borough of West Long Branch shall elect the Line Officers of Captain and Lieutenant to serve for a term of two years. All candidates for line officers shall have been in active firefighter status in this Borough for at least three years in order to be nominated, and eligible for election to the position, and shall have been qualified as per Subsection
2-9.8a and
b.
a. The newly established requirement in Subsection
2-9.8 requiring active firefighter status in this Borough for three years shall not apply to the Line Officers holding office at the time this Subsection shall take effect.
b. A nominating committee which will be comprised of the Training Committee
and two executive board members from each company will establish if
nominated candidates for Captain and Lieutenant are qualified to be
elected for advancement or retain their position.
c. No person shall be eligible for the office of Captain who has not
met the following qualifications:
1. Meet all firefighter and driver training qualifications listed in
this section.
2. Meet all qualifications for the office of Lieutenant.
3. Complete eight-hour Incident Safety Officer course.
4. Complete twelve-hour course on Fire Ground Tactics and Strategy.
5. Complete eight-hour course on Management of the Fire Service or equivalent.
6. Course requirements above shall be conducted in accordance with the
requirements for fire services training as defined in N.J.A.C. 5:73-1.6.
7. Meet all
requirements of New Jersey Division of Fire Safety Fire Officer Requirements
N.J.A.C. 5:73-1.6 as outlined in NIMS Incident Management System Training
and meet all levels 1, 2 and 3 based on on the position being elected
to or assigned to as outlined.
d. No person shall be eligible for the office of Lieutenant who has
not met the following qualifications:
1. Meet all minimum qualifications for firefighter and driver, in addition
to the following minimum requirements.
2. Complete eight-hour certified course on vehicle extrication.
3. Complete eight-hour course on fire ground tactics and strategy.
4. Complete, at a minimum, NJDOFS Fire Instructor 1 course.
5. Complete
eight-hour course on basic building construction.
6. Course requirements above shall be conducted in accordance with the
requirements for fire services training as defined in N.J.A.C. 5:73.
7. Meet all
firefighter training qualifications and driver/operator qualifications
Certified Pump School and Truck School, and any other training required
by the Borough's insurance carrier, as set forth in the West Long
Branch Fire Department Training Annex.
Election of company line officers, as well as other company
officers, shall be by ballot, and such officers shall be chosen by
a majority of the votes cast. If upon any ballot there be no election,
a new ballot shall be cast and on each successive ballot the candidate
receiving the lowest number of votes shall be dropped from the balloting.
Such balloting shall continue until one candidate shall have received
a majority of votes cast. Nominations for officers and the Chief and
Assistant Chief shall be made on the first Monday in October, the
nominations to remain open until annual meeting for election of officers
to be held on the first Monday in November. The regular term of elected
officers shall commence the first day of the year following the election.
All voting members, with the exception of life members, shall be required
to attend no less than three company meetings per year prior to an
election meeting to be eligible to vote for company or departmental
officers.
[Ord. #352, S 11; Ord. #566; Ord. #O-09-15]
The two companies of the Fire Department shall manage their
own affairs, subject to the terms and conditions of this section and
regulations of the department and the approval of the Borough Council
if the Council shall see fit to exercise such right of approval in
the interest of the general welfare of the Borough.
[Ord. #352, S 12; Ord. #566]
Any company which shall refuse to obey or enforce obedience
of any provisions of this section or direction of the Borough Council
in accordance herewith, may be suspended from fire duty in the Borough
of West Long Branch in the discretion of the Borough Council, and
its control over the fire apparatus and fire equipment of the Borough
in its charge shall thereupon cease and revert to the Borough.
[Ord. #352, S 13; Ord. #566]
It shall be the duty of the officers of each company to prevent
unauthorized persons riding on any fire apparatus going to or returning
from a fire, or alarm of the fire; to prevent any racing of their
company with any other company, and to abstain from and prevent any
conduct that may be likely to cause a breach of the peace or reflect
discredit on the Fire Department.
[Ord. #252, S 14; Ord. #566; amended 10-17-2018 by Ord. No. O-18-11]
It shall be the duty of the Fire Chief, or, in his absence,
the Assistant Fire Chief, to examine all the fire apparatus, equipment
and stations for the protection of the same, and report any defect
thereof to the Fire Department Records Administrator and Fire Commissioner;
the Fire Chief shall be responsible for the overall operations of
the two fire companies' manpower, equipment and apparatus. It shall
also be the responsibility of the Fire Chief or, in his absence, the
Assistant Fire Chief to submit a detailed monthly report of the number
of responses, drills and operations for said month to the Fire Department
Records Administrator and Fire Commissioner
[Ord. #352, S 15; Ord. #566; amended 10-17-2018 by Ord. No. O-18-11]]
In the absence of the Chief, his command shall devolve upon,
and his duties be performed by the Assistant Chief, or in his absence,
by the Senior Line Officer or a qualified ex-chief that meets the
NJDFS NIMS and officer requirements.
[Ord. #352, S 16; Ord. #566; Ord. #O-09-15]
The Chief and Assistant Chief should attend all fires within the corporate limits when they are within responding distance, and are hereby empowered and required to take charge of any building which may be on fire. The Chief or Assistant Chief may in writing direct the removal or securing of any such material or materials, and in case the possessors of the same neglect or refuse to comply with such written directions, the party or parties so refusing or neglecting shall, on due conviction, be punished as provided in Subsection
2-9.27, the Chief and Assistant Chief are hereby vested with all the power of police officers of the Borough while going to, attending and returning from a fire, and shall preserve the peace, and protect private and public property.
[Ord. #352, S 17; Ord. #566]
The Chief, Assistant Chief, and all Line Officers shall carry
official identification when on duty.
[Ord. #352, S 18; Ord. #566; Ord. #578; Ord. #O-09-15]
The Chief shall have power to suspend from duty any company
or any member of any company for disobedience of his orders or the
orders of the officer in command when on duty. All appeals from his
decision shall be made in writing within 10 days of notification to
the Fire Department Board of Appeals, who shall try the same and affirm,
reverse or change said decision of said Chief by majority vote.
a. The Fire Department Board of Appeals shall be comprised of the three
most recent former Chiefs, one active or active exempt member from
each company, and the Secretary (whose sole responsibility is to take
notes of the proceedings) from the fire company from which the Chief
belongs, who are empowered by this subsection to make the final decision
on personnel matters. The active or active exempt members are to be
elected by their respective company for a term of one year. Said election
will be held in conjunction with the annual company elections. Neither
the current Fire Chief nor the current Assistant Fire Chief may serve
as one of the active or exempt member(s) of the Fire Department Board
of Appeals.
b. The Board of Appeals shall set forth honest and reasonable decisions
on suspensions, which decisions will be voted upon, and must be unanimous.
c. The Board of Appeals, when necessary, may retain the Borough Attorney
to mediate legal matters.
[Ord. #352, S 19; Ord. #566; amended 10-17-2018 by Ord. No. O-18-11]
The outgoing Fire Chief shall file a complete year-end report
no later than the second week in January to the Fire Department Records
Administrator and Fire Commissioner.
[Ord. #352, S 20; Ord. #566]
No fire apparatus shall leave the Borough limits except by permission
of the Chief; in case of emergency the Mayor or any member of the
Fire and Water Committee of the Council, the Chief or Assistant Chief,
or Line Officers may permit any apparatus to leave the Borough limits,
the officer in charge to determine the company or companies to respond
to the call. No fire apparatus shall be used for any mere trial of
skill or power except by consent of the Chief and Captain.
[Ord. #352, S 21; Ord. #566; Ord. #578; Ord. #O-06-11, S
2; Ord. #O-09-15]
The Chief shall appoint a Department Training Committee consisting
of a number not to exceed six of Department training personnel within
30 days upon taking office, with an equal number of training personnel
appointed from each company if they meet the qualifications. Such
personnel shall carry out efficiently and effectively the duties and
responsibilities of the Fire Department. The Training Committee shall
be subject to the terms and conditions of this section, and regulations
of the Fire Department, and approval of the Borough Council, if said
Council shall see fit to exercise such right of approval in the interest
of the general welfare of the Borough. All appointments under this
subsection shall include a statement of duties, responsibility, authority,
and minimum qualifications. No person shall be eligible for the position
of Department training personnel who does not meet the following minimum
qualifications:
a. Completion of courses resulting in certification as a fire service
instructor per New Jersey Division of Fire Safety Fire Officer Requirements,
N.J.A.C. 5:73-1.6
[Amended 10-17-2018 by Ord. No. O-18-11
b. Such instructors shall meet or exceed all qualifications to be Captain per Subsection
2-9.8a,
b and
c.
[Ord. #352, S 22; Ord. #566]
No person shall interfere with, impede or delay any apparatus
in the Borough of West Long Branch in any manner or for any cause
under their control, nor willfully drive or cause to be driven any
vehicle over any hose or other fire apparatus nor in any manner willfully
damage, deface or injure any hose or other apparatus at any time nor
give nor cause to be given any false alarms of the fire in this Borough,
nor meddle with, injure nor destroy any of the property appertaining
to or belonging to the Fire Department or any fire alarm system connected
therewith.
[Ord. #352, S 23; Ord. #566; Ord. #O-06-11, S 2; Ord. #O-09-15]
Each company in the Fire Department of the Borough shall elect
qualified drivers for each apparatus, and the approved list shall
be timely forwarded to the Borough Administrator. Said drivers shall
undergo an operator's proficiency test administered by the Fire Company
Line Officers annually, and said drivers to be experienced licensed
drivers, and said drivers to be subject to the rules and regulations
of the Fire Department and their respective companies.
a. Driver/operators must meet the following qualifications:
1. Have a valid New Jersey driver's license.
2. Meet NFPA 1002, Chapters, 1, 2, 3 and 4.
3. CDL license is not required for drivers of fire apparatus in the
State of New Jersey.
b. Driver/operators of pumping apparatus must complete an advanced pump
operator's course or similar course conducted by a recognized school
or training organization.
c. Driver/operators of aerial apparatus must complete an advanced truck
company operations course or similar course conducted by a recognized
school or training organization.
d. Driver/operators of all other Department apparatus not specified
in this section must be qualified and checked out by a certified instructor
prior to driving or operating said apparatus.
e. All driver/operator qualification forms must be kept in a central
training file location in Borough Hall, along with the annual driver's
license check forms. An additional copy may be kept in each firehouse
file system.
f. Only those officers for drivers holding the requirements to conduct
training shall have the authority to conduct apparatus or any type
of training to members of the department. At no time will any training
be conducted without the approval of the Fire Chief or Assistant Fire
Chief and company Captain. All required training documentation shall
be completed by the Level II instructor or officer in charge.
Amended 10-17-2018 by Ord. No. O-18-11]
[Ord. #352, S 24; Ord. #566]
It shall be the duty of each company in the Fire Department
to elect or appoint Fire Police, the selections to be approved by
the Mayor and Council.
[Ord. #352, S 25; Ord. #566; amended 10-17-2018 by Ord. No. O-18-11]
Should a fire or emergency develop in the Borough limits that
requires mutual aid assistance, the Fire Chief or Officer in Charge
(OIC) shall have the authority to request any greater alarm assignment
or special call resources as defined in the District 53 Response Plan
that is on file with the dispatch center.
[Ord. #352, S 26; Ord. #566]
The penalty for any violation of this section to which no distinct penalty is attached shall be, in the case of an officer, degradation from his office and suspension from the Department, and, in case of a fireman, suspension from the Department, and these penalties shall be enforced at the option of the Board of Appeals as per Subsection
2-9.17b and
c.
[Ord. #352, S 27; Ord. #566]
It shall be the duty of the officers of the Department to promptly
report any violation of this section to the Chief, and that officer
shall report the same to the Mayor and Council at its next meeting,
and the Mayor and Council shall examine into such charge or charges
and shall take such action thereon as it may deem advisable, provided
that no penalty other than such as are herein provided shall be enforced.
[Ord. #352, S 28; Ord. #566]
Any persons who shall violate this section shall be liable, upon conviction, to a penalty as established in Chapter
1, Section
1-5 of this Code.
[Ord. #O-03-2, SS 1-5; Ord. #O-05-14, SS 1—4]
a. Position Created. There is hereby created the position of Emergency
Services Records Administrator of the Borough of West Long Branch.
b. Duties of Emergency Services Records Administrator. The duties of
the Emergency Services Records Administrator shall include the following:
[Amended by Ord. No. O-05-14; 3-21-2018 by Ord. No. O-18-3
1. All duties previously set forth in Subsection 2-9.28e and its subsections,
both for the West Long Branch Fire Department and the West Long Branch
Emergency Medical Services, Inc. (hereafter "WLBEMS").
2. Maintain all federal- and state-mandated training records for all
departments, and record the same into the Borough’s tracking
program.
3. Coordinate with the Fire Department and WLBEMS to insure that all
fire and first aid vehicles are properly maintained. As authorized
by the Fire Chief and WLBEMS Captain, schedule all repairs, maintenance
and testing for the Fire Department and First Aid vehicles, and record
the same into the Borough's tracking software.
4. Maintain all records required by LOSAP, and record the same into
the Borough's tracking software.
5. Develop a schedule and maintain results of all Fire Department required
testing of vehicles and equipment, as required by PEOSHA (Public Employees
Occupational Safety & Health Act), including mandated and NFPA
(National Fire Prevention Association) standards for ladders, pumps,
hose, and SCBA (Self-Contained Breathing Apparatus), and record the
same into the Borough's computer. Included therein is any other testing
deemed appropriate by the Borough.
6. At the beginning of each calendar year, coordinate with the Fire
Department and WLBEMS officers of any testing which is to be scheduled
for that coming calendar year.
7. Maintain records regarding all purchases of equipment and vehicles
for the West Long Branch Fire Department and the WLBEMS, and set up
a data base of all equipment purchased each year. These records will
be maintained in the Borough's software program.
8. Responsible
for the preparation of annual Fire Department budget, with input from
the Fire Chief and Assistant Fire Chief as well as responsible for
all Fire Department purchases.
c. Appointment. The Emergency Services Records Administrator shall be
appointed by the Mayor, with the advice and consent of the Council,
pursuant to N.J.S.A. 40A:60-6(d). At least three affirmative votes
shall be required to appoint. He shall serve a term not exceeding
one calendar year, such appointment to terminate on December 31 of
each year, or until his successor is appointed and qualified. Vacancies
shall be filled for the balance of any unexpired term.
d. Compensation. The Emergency Services Records Administrator shall
receive a salary as established in the annual salary ordinance, together
with any approved stipend(s).
[Ord. #O-06-11, S 3]
Compliance with the Fire Department Occupational Safety and
Health Program, NFPA 1500, will be the responsibility of the Fire
Chief and the Assistant Fire Chief, who will establish a committee,
to see that all standards are met pertaining to NFPA 1500 for the
West Long Branch Fire Department.
[Ord. #O-09-15]
Henceforth there shall be only a Lieutenant, and no longer a
First Lieutenant or Second Lieutenant. All references in the ordinance
to First Lieutenant or Second Lieutenant shall now be read simply
as "Lieutenant."
[Ord. #O-09-15]
Any conviction under subsection
2-9.3Ac,6, c,7 or c,8 by any member, other than an honorary member, shall result in automatic termination of membership within the Fire Department. The company shall determine whether honorary membership shall be terminated or not.
[Ord. #324, S 1]
There is hereby established pursuant to Chapter 156, Public
Law 1947, as amended and supplemented, in the Borough of West Long
Branch, a Local Assistance Board of three members consisting of the
following three classes:
a. Class I: A member of the Borough Council.
b. Class II: A female resident of the Borough.
c. Class III: A resident of the Borough.
All members shall be appointed by the Mayor upon the approval
of the Borough Council and shall serve without compensation but shall
be allowed their necessary and actual expenses.
[Ord. #324, S 2]
The term of the member comprising Class I shall be for one year.
The terms of the members comprising Class II and Class III shall be
for two years each, expiring in alternate years.
The term of each member shall begin on January 1, and each member
shall continue in office until his successor shall be appointed and
shall qualify.
[Ord. #324, S 3]
If a vacancy of any Class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
[Ord. #324, S 4]
The Local Assistance Board shall organize and select a chairman
and a secretary, and shall appoint a Director of Welfare, who shall
be the first executive and administrative officer of the Board. He
shall hold office for a term of five years from the date of his appointment,
and shall be paid such salary as may be fixed by the Board subject
to the approval of the Borough Council.
In case of a vacancy in the office of Director of Welfare, one
temporary or acting Director may be appointed as above provided to
serve for no more than 90 days.
[Ord. #324, S 5]
Other employees, including but not limited to assistants, clerks,
investigators and nurses, in such number as may be necessary to properly
administer public assistance, shall be appointed in the same manner
as other employees of the Borough.
No such employee of the Welfare Department where compensation
is paid from funds received or appropriated for public assistance
or the administration thereof in any manner shall hold office in any
political party.
[Ord. #242, S 1; Ord. #327, S 1; Ord. #389, S 1]
The Commission established by this section shall have all of
the duties, responsibilities and powers as set forth in N.J.S.A. 40:56A-1
et seq., as amended by the Laws of 1972, Chapter 35, and the Laws
of 1975, Chapter 334, and as said Statutes may be further amended
and supplemented by the Legislature of the State of New Jersey.
[Ord. #242, S 2; Ord. #389, S 2]
The Mayor shall appoint the members of the Environmental Commission,
none of whom shall be elected municipal officials. The Commission
shall consist of seven members: one member of the Planning Board;
and six other citizens, all of whom shall be residents of the Borough
of West Long Branch.
The members shall receive no compensation for their services.
The Mayor shall designate one of the members to serve as Chairman
and presiding officer of the Commission. The Mayor shall also have
the right to appoint one member each from the Borough Council, the
Recreation Commission and the Shade Tree Commission to act as liaisons
with the Environmental Commission, which liaison appointments shall
expire on December 31 of the year in which the appointments are made.
None of these liaisons shall be entitled to vote on any matter coming
before the Commission. The terms of office of members of the Commission
shall be for three years, until the appointment and qualification
of their successors, so that the terms of approximately 1/3 of the
members will expire each year.
The term of the member from the Planning Board shall be only
during his term of office, and any termination of the term of office
shall be considered as creating a vacancy on the Environmental Commission,
and the vacancy shall be filled as hereinafter provided.
The members of the Commission shall be appointed so that their
terms shall expire as set forth below, with all subsequent appointments
to be terms of three years, or the unexpired portion of said three
year terms:
Three members for terms expiring December 31, 1984;
Two members for terms expiring December 31, 1985; and
Two members for terms expiring on December 31, 1986.
The Mayor, with the approval of the Borough Council, may remove
any member of the Commission for cause, on written charges served
upon the member, and after a hearing thereon, at which the member
shall be entitled to be heard in person or by counsel. A vacancy on
the Commission occurring otherwise than by expiration of a term shall
be filled for the unexpired term in the same manner as the original
appointment.
[Ord. #242, S 3]
The Commission shall have the following powers:
a. The promotion of the conservation and development of all the natural
resources of the Borough.
b. Plan, inform, and recommend to the Borough Council and to the public,
local conservation programs.
c. Implement conservation programs as authorized by the Borough Council.
d. Compile and keep an index of all open areas, publicly or privately
owned, including marshlands, woodlands, and bodies of water.
e. The power to conduct research into the possible use of open areas
of the Borough.
f. Recommend to the Planning Board plans and programs for inclusion
into the Borough master plan and the development and use of such areas.
g. Advertise, prepare, print, and distribute books, maps, charts, plans,
and pamphlets, which in its judgment it deems necessary for its purposes.
h. Act as the coordinating agency of the community on conservation matters
and as a liaison between local conservation needs and regional, State,
and Federal agencies ministering to those needs.
[Ord. #242, S 4]
The Commission shall keep records of its meetings and activities
and shall make and submit an annual report to the Borough Council
of West Long Branch on or before the second Borough meeting in January.
The report shall be comprehensive and detailed covering operations,
receipts, disbursements, and expenditures for the full year.
[Ord. #242, S 5]
The Borough Council of West Long Branch may appropriate funds
for the expenses incurred by the Environmental Commission.
[Ord. #82, S 1; Ord. #474]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Borough of West Long Branch shall be exercised
and be under the authority of a Commission consisting of not less
than five nor more than seven members, who shall all be residents
of the Borough, to be known as the "Shade Tree Commission of the Borough
of West Long Branch," the members of which Commission shall be appointed
by the Mayor, and who shall serve without compensation.
[Ord. #82, S 2]
All appointments, except to fill vacancies, shall be made to
take effect annually on January 1 for a full term of five years. Any
vacancy occurring in the membership of the Commission, by reason of
death, resignation, or removal of any Commissioner shall be filled
for the unexpired term by the Mayor.
[Ord. #82, S 3]
The Shade Tree Commission shall organize annually, by the election
of one of its members as president and the appointment of a secretary.
The compensation of the secretary and of all other employees shall
be fixed by the Commission.
[Ord. #82, S 4]
The Shade Tree Commission shall have power to exercise full,
sole and exclusive control over the regulation, planting and care
of shade and ornamental trees and shrubbery now situated, or which
may hereafter be planted, in any public street, park or parkway of
the Borough, including the planting, trimming, spraying, care and
protection of the same for the public good; to regulate and control
the use of the ground surrounding the same, so far as may be necessary
for their proper growth, care and protection; to move, or require
the removal of any tree or part thereof, dangerous to public safety,
at the expense of the owner of such tree, and to remove any tree or
part of a tree at the request and expense of the owner of such tree;
to care for and control such parks and parkways; to encourage arboriculture;
to make, alter, amend and repeal any and all ordinances, rules and
regulations necessary or people for carrying out the provisions of
this section, and the provisions of N.J.S.A. 40:64-1 to 40:64-14.
[Amended 3-21-2018 by Ord. No. O-18-2]
[Ord. #183]
It is hereby declared that the health, safety and welfare of
the residents of the Borough will be better protected and promoted
by the creation of an Ambulance and West Long Branch Emergency Medical
Services, Inc.
[Ord. #183, S 1; Ord. #395, S 3; Ord. #0-94-18]
There is hereby established and created a volunteer West Long
Branch Emergency Medical Services, Inc., consisting of not more than
40 active members.
[Ord. #183, S 2]
The Fire and Water Committee of the Borough Council shall supervise
the activities of the West Long Branch Emergency Medical Services,
Inc., and shall receive reports from its officers and transmit them
to the Mayor and Council.
[Ord. #183, S 3; Ord. #395, S 4; Ord. #461; Ord. #548; Ord.
#0-94-18; Ord. #O-02-16]
The West Long Branch Emergency Medical Services, Inc., shall
have eight classes of members, known as "Active," "Active Life," "Inactive
Life," "Honorary," "Inactive," "Rescue Team," and "Auxiliary" and
"Cadet" which classes of membership, and the eligibility requirements
thereto, shall be set forth in the bylaws of the West Long Branch
Emergency Medical Services, Inc.
[Ord. #183, S 4; Ord. #395, S 5; Ord. #0-94-18; Ord. #O-01-2]
The corporate officers of the West Long Branch Emergency Medical
Services, Inc., shall consist of a President, a Vice-President, a
Recording Secretary, a Corresponding Secretary, a Treasurer, an Assistant
Treasurer, and three Trustees. The line officers of the West Long
Branch Emergency Medical Services, Inc., shall consist of a Captain,
a First Lieutenant, and a Second Lieutenant. The President and Vice-President
must be active or active life members. All other corporate officers
may be active, active life, or inactive life members. All line officers
must be active or active life members. A line officer shall hold the
highest level Emergency Medical Technician (EMT) certifications defined
by the constitution and bylaws, and shall have satisfactorily completed
an Incident Command Course and participated in 15% of calls during
the year prior to nomination. The officers shall be elected and perform
duties as provided for in the bylaws of the West Long Branch Emergency
Medical Services, Inc.
a. Nomination of Officers. The nomination of officers shall be made at the October meeting and be held open until the annual meeting for election of officers to be held at the first regular monthly meeting in November. All nominees must meet all requirements no later than the October regular meeting. If there are no nominees for any line office position by the election meeting, then the Squad may, by majority vote, nominate and elect any active or active life member. Such active or active life member must be an Emergency Medical Technician and meet one of the other two requirements set forth in subsection
2-13.5 above.
b. Election of Line Officers. The line officers of the West Long Branch
Emergency Medical Services, Inc., shall be elected at the first regular
monthly meeting in November of each year. They shall be elected by
ballot and must receive the vote of the majority of all active and
active life members present who are qualified to vote and are voting.
If upon any ballot there be no election, a new ballot shall be cast
and on each successive ballot, the candidate receiving the lowest
number of votes shall be dropped from the balloting. Such balloting
shall continue until one candidate shall have received a majority
of the votes cast by those active and active life members present.
The regular term of elected officers shall commence the first day
of the year following the election. All voting members shall be required
to be present at no less than four West Long Branch Emergency Medical
Services, Inc., meetings during the 12 months prior to the election
meeting (October to October).
[Ord. #183, S 5]
The names of all persons elected to membership in the West Long
Branch Emergency Medical Services, Inc., shall be presented to the
Mayor and Council in writing, signed by the President and Secretary
of the Squad. Upon confirmation by the Mayor and Council, applicants
shall become members of the West Long Branch Emergency Medical Services,
Inc.
[Ord. #183, S 7; Ord. #395, S 6; Ord. #0-94-18]
a. Duty of the Captain. It shall be the duty of the Captain to report
to the Mayor and Council of the Borough the condition of all apparatus,
equipment and supplies of the West Long Branch Emergency Medical Services,
Inc., and other such information as may be required. The Captain shall
also report monthly to the Mayor and Council of the Borough the number
of calls responded to each month. The Captain shall, under the direction
of the Fire and First Aid Committee of the Mayor and Council, direct
all necessary repairs to the apparatus which may be ordered to be
built or repaired. The Captain shall on occasions of first aid alarm
have sole control and command of all the squad apparatus and all members
of the West Long Branch Emergency Medical Services, Inc., and over
all other apparatus and persons aiding and assisting the West Long
Branch Emergency Medical Services, Inc.
[Ord. #183, S 8; Ord. #395, S 7]
The Captain shall have general supervision of the West Long
Branch Emergency Medical Services, Inc., when it is performing First
Aid duties. In the absence of the Captain, this general supervision
shall be exercised by the First Lieutenant, or in his absence the
Second Lieutenant, or in his absence the Senior Active Member, and
in his absence the Senior Active Life Member.
[Ord. #183, S 9; Ord. #0-94-18]
The Squad is hereby authorized and empowered and required to
adopt a constitution and bylaws and rules for the control, management
and government of the West Long Branch Emergency Medical Services,
Inc., and for the regulation of the proceedings and business of the
West Long Branch Emergency Medical Services, Inc., which constitution
and bylaws, after adoption by such West Long Branch Emergency Medical
Services, Inc., shall not become effective or operative until presented
to and approved by the Mayor and Council of the Borough.
[Ord. #183, S 10]
It shall be the duty of the Captain to see that the automobile
apparatus and all appurtenances, equipment and supplies are in proper
condition and ready for immediate use at all times. The drivers of
the apparatus shall be responsible for the same and its equipment
when answering calls and upon its return to headquarters.
[Ord. #183, S 11]
No member of the West Long Branch Emergency Medical Services,
Inc., shall be permitted to tamper with the motor apparatus or appurtenances
or to fix or repair same, unless so directed by the Captain, or in
his absence, the Lieutenant, and then only in case of an emergency.
[Ord. #183, S 12; Ord. #0-94-18]
All requests for repairs or supplies for the use of the West
Long Branch Emergency Medical Services, Inc., shall be presented to
the Mayor and Council at the time of the report mentioned in Subsection
2-12.8 of this section, but in case any apparatus shall become so
disabled that immediate repairs are necessary or any supplies are
so diminished as to require immediate replenishment, the Captain shall
immediately report the condition to the Fire and Water Committee in
order to have same repaired or replenished at once.
[Ord. #183, S 13; Ord. #395, S 8; Ord. #0-94-18]
The West Long Branch Emergency Medical Services, Inc., may be
dissolved or disbanded in either of the following manners:
a. A written request to dissolve or disband shall be made to the Mayor
and Council of the Borough and shall be signed by a 2/3 majority of
those members entitled to vote for the election of officers to the
West Long Branch Emergency Medical Services, Inc. The Mayor and Council
shall, within 30 days of receipt of the written request, vote on a
Resolution approving or rejecting the request to dissolve or to disband
the West Long Branch Emergency Medical Services, Inc., and the action
taken by the Mayor and Council shall be the final decision as to this
request.
b. If the Mayor and Council of the Borough should consider at any time
that the interests of the Borough will best be served by the dissolution
of, or the disbandment of, the West Long Branch Emergency Medical
Services, Inc., the Mayor and Council, shall, by a Resolution adopted
by majority vote at a regular or special meeting, authorize the Borough
Clerk to advise corporate officer of the West Long Branch Emergency
Medical Services, Inc., in writing of the intention of the Borough
Council to dissolve or disband the West Long Branch Emergency Medical
Services, Inc., and shall specify the date of a regular or special
meeting at which a final vote on a Resolution authorizing the dissolution
or disbandment of the West Long Branch Emergency Medical Services,
Inc., shall take place. This regular or special meeting shall be held
on a date at least 20 days, but no more than 45 days, after the date
on which a corporate officer of the West Long Branch Emergency Medical
Services, Inc., is served with a copy of the Resolution referred to
herein. A representative of the West Long Branch Emergency Medical
Services, Inc., shall be permitted to address the Mayor and Council
prior to the vote to dissolve and disband the West Long Branch Emergency
Medical Services, Inc. It shall require a majority vote of the members
of the governing body in attendance at the meeting and voting on the
Resolution for the dissolution or disbandment of the West Long Branch
Emergency Medical Services, Inc., to take place.
[Ord. #421, S 2; Ord. #0-94-18]
Upon the termination for any reason of the membership of an
individual in the West Long Branch Emergency Medical Services, Inc.,
the former member, or any other person who has possession thereof,
shall within seven days of the forwarding by a corporate or line officer
of the West Long Branch Emergency Medical Services, Inc., of a written
demand by regular mail, postage prepaid, to the last known address
of the person having possession thereof, return to the West Long Branch
Emergency Medical Services, Inc., all apparatus, equipment, materials
and supplies which are the property of the Borough of West Long Branch
or of the West Long Branch Emergency Medical Services, Inc., and which
were delivered to, or are in the possession of, said person. Upon
the failure of any such person to return any such apparatus, equipment,
materials or supplies, or to pay the reasonable value thereof to the
owner, any corporate or line officer of the West Long Branch Emergency
Medical Services, Inc., shall be entitled to enforce this provision
by the issuance of a summons and complaint for a violation thereof
returnable in the Municipal Court of the Borough of West Long Branch.
Any person violating any provision of this paragraph shall, upon conviction,
be punished for each offense by a fine not to exceed $250 and either
(1) the return of the apparatus, equipment, materials or supplies
or (2) restitution to the Borough or West Long Branch Emergency Medical
Services, Inc., in the amount of the value of such item(s) not returned.
The Judge before whom any person is convicted of violating this provision
of this section shall have the power to impose any fine not exceeding
the maximum fixed in this section.
[Ord. #0-94-18]
The Captain, based on the majority agreement of the three line
officers, shall have power to suspend from duty any member for conduct
unbecoming an EMT as defined in the bylaws. All appeals from their
decision shall be made in writing within 10 days of notification to
the West Long Branch Emergency Medical Services, Inc., Board of Appeals,
who shall try the same and affirm, reverse, or change said decision
of said Captain by majority vote.
a. The West Long Branch Emergency Medical Services, Inc., Board of Appeals
shall be comprised of the three most recent active or active life
ex-captains from the West Long Branch Emergency Medical Services,
Inc., who are empowered by this section to make the final decision
on personnel matters. The Recording Secretary shall have responsibility
to take notes of the proceedings.
b. The Board of Appeals shall set forth honest and reasonable decisions
on suspensions, which decisions will be voted upon and must be by
majority.
c. The Board of Appeals, with the approval of the Mayor and Council,
may retain the Borough Attorney to mediate legal matters.
[Ord. #0-94-18]
The penalty for any violation of this section to which no distinct
penalty is attached shall be, in the case of an officer, degradation
from their office and/or suspension from the West Long Branch Emergency
Medical Services, Inc. The maximum penalty for a member shall be suspension
from the West Long Branch Emergency Medical Services, Inc.
[Ord. #0-94-18]
It shall be the duty of the officers of the West Long Branch
Emergency Medical Services, Inc., to promptly report any violation
of this section to the Captain and that officer shall report the same
to Mayor and Council at its next meeting. The Mayor and Council shall
examine such charge or charges and may take such action as it may
deem advisable, provided that no penalty other than that provided
herein shall be enforced.
[Ord. #0-94-18]
Except for emergency and mutual aid calls, no West Long Branch
Emergency Medical Services, Inc., apparatus shall leave the Borough
limits except by permission of the Captain.
[Ord. #0-94-18]
No person shall tamper with or destroy any of the property belonging
to the West Long Branch Emergency Medical Services, Inc.
[Ord. #0-94-18]
All members must have a current valid New Jersey drivers license,
a copy to be submitted to the Captain in January of each year. Each
member must complete a course in Defensive Driving prior to their
being granted the Captain's permission to drive the apparatus. It
is the responsibility of the member to immediately notify the Captain
of any change in the status of their license.
[Ord. #0-94-18]
Should a first aid call develop within the Borough limits that
requires assistance from out-of-town First Aid Squads, the Captain,
or senior active member, is hereby vested with power to call such
out-of-town assistance as they shall deem necessary to aid in the
emergency.
[Ord. #371, S 1]
Any person claiming payment from the Borough shall present a
detailed bill of demand supported by an affidavit of the claimant.
[Ord. #371, S 2]
It shall be the duty of the Borough Clerk to ascertain that
the signature of the officer or employee who has been duly designated
by the Mayor and Council to certify that the materials have been received
by or services rendered to the Borough, appears on every claim.
[Ord. #371, S 3]
Claims shall then be presented 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 Chairman shall file the claims with the Borough Clerk who shall
then present the claims to the Finance Committee of the Council.
[Ord. #371, S 4]
The Finance Committee of the Council shall review the claims
filed and shall determine that all procedures required as herein set
forth have been complied with and that monies have been duly appropriated,
available or provided for, for the payment of same. The Chairman of
the Finance Committee shall forward the claims to the Mayor and Council
for formal approval at a regular meeting.
[Ord. #371, S 5]
Claims shall be considered by the Mayor and Council which shall
approve the same, except that the Mayor and Council 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 instructions
as the Mayor and Council may give at the time of disapproval.
[Ord. #371, S 6]
A list of all claims shall be presented for approval at the
next regular meeting, the schedule or list to be made available to
every member of the Mayor and Council at least 48 hours before the
claims are subject to formal action by that body. After approval,
claims shall be listed in an appropriate register, the record to be
so captioned that the minute record will clearly indicate that the
claims have been considered by the Borough council and approval has
been given thereto.
[Ord. #371, S 7]
It shall be the duty of the Borough Clerk to record all claims
in the official minutes indicating that the Mayor and Council has
by formal action approved the same with appropriate record as to any
claims disapproved or rejected.
[Ord. #371, S 8]
After the Clerk has certified that the claims have been approved,
he shall turn the same over to the Treasurer who shall forthwith prepare
the necessary checks for the payment thereof, which checks shall be
signed by the Mayor and Borough Clerk and thereafter countersigned
by the Treasurer or other chief financial officer. After preparing
checks for the payment of claims, he shall record them in proper books
of account and thereafter mail or otherwise distribute the checks
to the claimants.
[Ord. #371, S 9]
In the case of reimbursement for actual and necessary traveling
expenses, itemized claims supported by receipts where available should
be presented in order to obtain reimbursement for expenses incurred
by local officials when authorized to travel by the Mayor and Council.
[Ord. #429, S 1-3]
a. Any charitable, philanthropic, fraternal or religious Federal Internal
Revenue Code of 1954 (26 U.S.C. § 501(c) or (d)) may petition
the Borough Council for exemption or partial waiver from the payment
of any fee charged pursuant to the Municipal Land Use Act for any
fees due on zoning and planning matters.
b. Upon receipt of the request for exemption or partial waiver of any
fee, the Borough Council shall consider the same at a public meeting.
The action to be taken by the Borough Council shall either be a granting
of the request for exemption, a partial waiver of the fees requested
to be waived, or a denial of the request.
c. The granting of any exemption or waiver shall be within the sole
province of the Borough Council, and not with any of the Zoning or
Planning Boards of the Borough.
d. The decision of the Borough Council on any application for exemption
or waiver shall be final, and there shall be no right of appeal.
[Ord. #552, SS 1, 2]
a. The official appointed to make searches for municipal improvements
not assessed shall be entitled to demand and receive for each "Certificate
as to Liability for Assessment for Municipal Improvements" issued
by him or her a fee of $10.
b. When the holder of a "Certificate as to Liability for Assessment
for Municipal Improvements" shall apply for a continuation of that
search and certificate within three years from the date of the prior
certificate, the person appointed to make such search and certificate
shall receive an additional fee of $2 per calendar year.
[Ord. #562, S 1; Ord. #O-04-12, S 1; Ord.
O-07-7, S 2]
The fee to be charged for the obtaining of a certified copy
of a marriage or civil union license, birth certificate, or death
certificate shall be $10.
[Ord. # O-96-5, SS 1-4]
a. Service Charge. Any payment given to the Borough of West Long Branch
or any of its subordinate agencies or offices, if tendered on account
by check or other written instrument, which check or other written
instrument is thereafter returned for insufficient funds or the closing
of the account, shall be assessed a service charge of $20 per check
or other written instrument.
b. List of Delinquent Accounts. Any service charge on an account owing
to the municipality for a tax or special assessment shall be included
on whatever list of delinquent accounts is prepared for the enforcement
of such liens.
c. Collection of Service Charge. Any service charge which is authorized
by this section or by State law, or any subsequent amendment to the
same, shall be collected in the same manner prescribed by law for
the collection of the account for which the check or other written
instrument was tendered.
d. Determination of Manner of Future Payments. After receipt of notification
of a written instrument being returned for insufficient funds or the
account having been closed, the department head of the department
receiving such defective payment shall have the sole discretion to
require any future payments by the maker of the instrument to be tendered
in cash, certified check or cashier's check.
[Ord. #O-03-10, SS 1-4]
a. Request Form. Any person or entity requesting copies of public records
shall complete the Borough-approved request form.
b. Fees. The following rates shall be charged for persons or entities
seeking photocopies of municipal records:
1. $.75 per page for the first 10 pages.
2. $.50 per page for the 11th through 20th pages.
3. $.25 per page for each page over 20 in number.
c. Availability of Records. Copies of public records, as defined by
the Open Public Records Act (N.J.S.A. 47:1A-1, et seq.) shall be made
available to those requesting the same after payment has been made
in accordance with the schedule above.
d. Specific Fees for Specific Records. If a specific fee has been established
for a specific record or a specific type of record, that fee shall
control, and the fees set forth in this subsection shall not apply.
[Ord. #518, S 1]
No officer appointed by the Mayor or Council shall be required
to be a resident of the Borough of West Long Branch unless a specific
New Jersey State statute or specific Borough ordinance directs otherwise.
[Ord. #0-97-14, S 1]
There is hereby created and continued a Board of Health in the
Borough of West Long Branch.
[Ord. #0-97-14, S 2]
The Board of Health shall be composed of seven members, each
serving a term of three years.
[Ord. #0-97-14, S 3]
Any vacancy occurring on the Board of Health shall be filled
in the same manner in which the original appointment was made, but
for the unexpired portion of the term only.
[Ord. #0-97-14, S 4]
The members of the Board of Health shall receive no compensation
for their services.
[Ord. #0-97-14, S 5]
All current members of the West Long Branch Board of Health
shall continue to serve their existing terms, and this section shall
not be interpreted to abolish those positions or divest any of those
officials from office.
[Ord. #0-97-14, S 6]
The terms of the Board members shall be staggered, so that the
terms of three members expire in one year, the terms of two members
expire in the succeeding year, and the terms of the remaining two
members expire in the next succeeding year; it being the intention
that the terms of not more than three members shall expire in any
one year.
[Ord. #0-97-14, S 7]
The terms of the newly appointed members shall conform to the
staggering of terms set forth herein. Any member appointed to a newly
created seat under this section shall be deemed to have served his
first year of his term in the year of appointment.
[Ord. #0-97-14, S 8]
Board members shall be appointed by the Mayor, with the advice
and consent of the Council. If any vacancy is not filled within 30
days of the vacancy being created, or the governing body shall fail
to confirm the nomination of the Mayor within said 30 days, the Borough
Council shall make the appointment, provided that at least three affirmative
votes shall be required, the Mayor to have no vote except in the case
of a tie.
[Ord. #0-97-15, S 1]
There is hereby created the position of Communications Coordinator
in the Borough of West Long Branch.
[Ord. #0-97-15, S 2]
The Communications Coordinator shall be appointed annually by
the Mayor, with the advice and consent of the Council. If any vacancy
is not filled within 30 days of the vacancy being created, or the
Borough Council shall fail to confirm the nomination of the Mayor
within said 30 days, the Borough Council shall make the appointment,
provided that at least three affirmative votes shall be required,
the Mayor to have no vote except in the case of a tie.
[Ord. #0-97-15, S 3]
The Communications Coordinator, after having been duly appointed,
shall serve his/her term and shall continue to serve until his/her
successor has been duly appointed and qualified. Vacancies shall be
filled for the balance of any unexpired term.
[Ord. #0-97-15, S 4]
The Communications Coordinator shall receive no compensation.
[Ord. #0-97-15, S 5]
The duties of the Communications Coordinator are as follows:
a. Oversee radio purchases and installations of Police, Fire, First
Aid, Public Works, Emergency Management, and any other department
requiring the need for communications.
b. Maintain inventory of radio equipment for the departments listed
in paragraph a.
c. Coordinate radio communications between the departments listed in
paragraph a.
[Ord. #0-97-1, S 1]
The following definitions shall apply:
ACTIVE MEMBER
Shall mean individuals residing in the Borough of West Long
Branch who meet the requirements of (1) active, active exempt, exempt,
or life member within the Fire Department, as fixed by Borough ordinance;
or (2) active, active life, or inactive member of the West Long Branch
Emergency Medical Services, Inc., as fixed by the squad's bylaws.
[Amended 3-21-2018 by Ord. No. O-18-2]
FAMILY
Shall mean an active member of either volunteer organization,
his/her spouse, and all natural or adopted dependent children under
the age of 21; providing all such persons reside in the West Long
Branch residence of the member, regardless of whether the member is
alive when the exemption is requested.
FEES
Shall mean those fees established by the Borough which are fully retained by the Borough as revenue and which are not excluded under Subsection
2-19.4.
VOLUNTEER ORGANIZATION
Shall mean the West Long Branch Emergency Medical Services,
Inc., or the West Long Branch Fire Department, the latter of which
is currently comprised of Borough Chemical & Truck Company No.
1 and West Long Branch Fire Company No. 2.
[Amended 3-21-2018 by Ord. No. O-18-2]
[Ord. #0-97-1, S 2; Ord. #0-97-4, S 2]
All active members of a volunteer organization and members of
their family shall be entitled to the following benefits:
a. Exemption from the Borough's portion of the Uniform Construction
Code fees for the issuance of a permit for the construction of a single-family
dwelling, or an addition or repairs to the member's existing single-family
dwelling, or plumbing, electric, or certificate of occupancy fees
for the same.
b. Exemption from the following licensing fees charged and retained
by the Borough, or that portion which would otherwise be retained
by the Borough:
4. Bulk variance, not use variance, fees charged by the Zoning or Planning
Boards;
[Ord. #0-97-1, S 3]
a. On or about January 1 of each year the volunteer organizations shall submit to the Borough Clerk a list of all individuals who meet the definition of "active member" as set forth in Subsection
2-19.1. Such lists shall be updated periodically by the volunteer organizations to add or subtract those individuals who have achieved or lost membership status required to be eligible for the exemptions provided for in this section.
b. On a form to be prepared and provided by the Borough Clerk, each
active member under this section shall provide the requested information
related to family status in order to assist the Borough officials
in the administration of this section, and in order to be eligible
for the exemption provided herein.
c. The eligibility for or receipt of any exemption under this section
shall not relieve the member or his/her family from complying with
all registration or application procedures fixed by Borough ordinance
or other law or regulation.
[Ord. #0-97-1, S 4]
No exemption shall be allowed for the following fees:
a. Fees, licenses and permits associated with any for-profit activity;
b. Fees and escrows required by the Planning or Zoning Boards in connection
with any use variance, site plan, or subdivision application;
c. Fees or escrows associated with engineering inspections;
f. Any item not specifically listed in Subsection
2-19.2.
[Ord. #O-04-15, S 1; amended 3-21-2018 by Ord. No. O-18-2]
A Length of Service Awards Program (LOSAP) is hereby created
in accordance with N.J.S.A. 40A:14-183 et seq. to reward members of
the West Long Branch Fire Department and West Long Branch Emergency
Medical Services, Inc., for their loyal, diligent and devoted services
to the residents of the Borough of West Long Branch.
[Ord. #O-04-15, S 2; amended 3-21-2018 by Ord. No. O-18-2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each active volunteer firefighter or West
Long Branch Emergency Medical Services, Inc., member who meets the
criteria set forth below. Such contributions shall be made in accordance
with the plan that will be established by the Borough of West Long
Branch pursuant to N.J.S.A. 40A:14-183, et seq., with such plan to
be administered in accordance with the laws of the State of New Jersey,
the U.S. Internal Revenue Code and this ordinance. The plan shall
have the following minimum provisions:
a. Benefits will become fully vested upon the completion of five years
of active volunteer emergency service or the volunteer dies while
being an active member of either service, whichever shall first occur.
b. Benefits will only accrue to those members who are active volunteers.
c. Pursuant to N.J.S.A. 40A:14-188, points will be awarded according
to certain criteria. To qualify for an award for a calendar year under
the plan, an active volunteer member shall be required to accrue a
minimum of 50 points in that calendar year.
[Ord. #O-04-15, S 3]
The LOSAP shall provide for annual contributions to each eligible
active volunteer member who meets the criteria below:
a. The amount of the award for a year under the program shall be based
upon the accrual of the minimum points required, in accordance with
Schedule "A" annexed hereto as to volunteer firefighters, and in accordance
with Schedule "B" annexed hereto as to volunteer West Long Branch
Emergency Medical Services, Inc., members.
[Amended 3-21-2018 by Ord. No. O-18-2]
b. No person who is an active member of both the West Long Branch Emergency
Medical Services, Inc., and the Fire Department shall be permitted
to receive deferred compensation of more than the annual total compensation
per year allowed for a member in one department.
[Amended 3-21-2018 by Ord. No. O-18-2]
c. Benefits will only accrue to those members who are active volunteers.
[Ord. #O-04-15, S 4]
Persons serving as members of the fire police, women's auxiliary
and police cadets shall not be eligible for this program. Neither
shall members of either volunteer emergency service who are not active
volunteer members be eligible.
[Ord. #O-04-15, S 5]
The Borough of West Long Branch LOSAP shall provide for annual
contributions in the fixed amount of $1,150. This amount shall not
be subject to periodic Consumer Price Index increases, and there shall
be no prorated contributions made for any member. If the member does
not qualify by achieving the minimum number of points in a given calendar
year, no contribution shall be made for that member for that calendar
year.
[Ord. #O-04-15, S 6]
No contributions will be made by the Borough for any years of
service for any calendar year prior to and including 2004.
[Ord. #O-04-15, S 7]
No volunteer member may make a personal contribution, nor may
any third-party contribution be made on any member's behalf to the
LOSAP plan.
[Ord. #O-04-15, S 8]
The estimated cost of the West Long Branch LOSAP program has
been calculated as follows:
a. For annual contributions to active volunteer Fire Department members:
$63,250.00 (55 eligible volunteers @ $1,150.00 each).
b. For annual contributions to active volunteer West Long Branch Emergency
Medical Services, Inc., Members: $28,750.00 (25 eligible volunteers
@ $1,150.00 each).
[Amended 3-21-2018 by Ord. No. O-18-2]
[Ord. #O-07-19, S 3; Ord. #O-04-15, S 9; Ord. #O-14-13, S
2]
This section shall take effect on January 1, 2005, provided,
however, that it is approved by the voters of the Borough of West
Long Branch in a public question to be placed on the ballot of the
general election to be held on November 2, 2004.
[Ord. #0-98-3, S 1]
There shall be a Public Defender, who shall be a licensed attorney-at-law
in good standing in the State of New Jersey.
[Ord. #0-98-3, S 2]
The Public Defender shall be appointed by the Mayor, with the
advice and consent of the Council, to serve for one calendar year.
If the Mayor fails to nominate a person within 30 days of any vacancy,
or the Council fails to confirm the Mayor's nomination within 30 days
of any vacancy, then, after the expiration of the said 30 days, the
Council shall appoint the Public Defender. No appointment shall be
made, except by the vote of a majority of the members of the Council,
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.
[Ord. #0-98-3, S 3]
The Public Defender, after having been duly appointed, shall
continue to serve until his/her successor has been duly appointed
and qualified. Vacancies shall be filled for the balance of any unexpired
term.
[Ord. #0-98-3, S 4]
The Public Defender shall receive an annual salary as established
in the annual salary ordinance. The salary for the person appointed
for 1998 shall be prorated to the date of appointment.
[Ord. #0-98-3, S 5]
The Public Defender shall have the duty to represent indigent
defendants on matters pending before the Municipal Court where the
potential penalty is defined by State law or directive from the Supreme
Court of New Jersey or the Administrative Office of the Courts.
[Ord. #0-98-3, S 6]
Any person applying for representation by the Municipal Public
Defender or Court-approved counsel shall pay an application fee of
$200. The Municipal Court may waive the application fee, in whole
or in part, only if the Court determines, in its discretion, upon
a clear and convincing showing by the applicant, that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Court may further permit a person to pay the application
fee over a specific period of time, not to exceed four months.
[Ord. #0-98-3, S 7]
Funds collected by persons applying for representation by the
Public Defender shall be deposited into a dedicated fund administered
by the Chief Financial Officer of the Borough.
[Ord. #0-98-3, S 8]
If any person applying for the Municipal Public Defender shall
be approved, and the Court assigns the Public Defender to represent
that person, and such person shall thereafter fail to pay the required
application fee as fixed by the Municipal Court, such failure to pay
shall be deemed a contempt of Court. Such contempt of Court proceedings
may be instituted against the defendant by the Municipal Court Judge,
the Municipal Court Administrator, the Borough Clerk, or the Borough
Attorney.
[Ord. #0-98-3, S 9]
The Public Defender is not authorized by this section, or the
governing body, to represent any indigent Municipal Court defendant
on appeal, and such services are not authorized as part of the Public
Defender's salary, nor are they authorized as an additional service
to be rendered by, or compensated to, the Public Defender.
[Ord. #O-00-2, S 1]
An ordinance banning the use of government buildings and government
equipment for political fundraising.
[Ord. #O-00-2, S 2]
a. Political contributions have a profound impact on government decision
making.
b. Our laws in New Jersey do not presently ban solicitation or acceptance
of contributions by public office holders and employees while on public
property or by use of public facilities.
c. A conflict may arise between the business of political fundraising
and the business of government in town hall and other government-owned
premises, and this may cause a distraction from the people's business.
d. The most appropriate method to prevent this conflict and to insure
the integrity of government decisions is the prohibition of political
fundraising on or by use of public property.
e. It is accordingly found and determined that the paramount public
interest in a clean and accountable government requires the prohibition
of political fundraising on public property or by use of public facilities.
[Ord. #O-00-2, S 3]
CANDIDATE
Shall mean any individual seeking election to a public office
of the Federal government, State, County, municipality, school district
or political organization at an election.
CONTRIBUTION
Shall mean and include all loans and transfers of money or
other thing of value to or by any candidate, elected official or political
organization and all pledges or other commitments or assumptions of
liability to make any such transfer. Contributions shall be deemed
to have been made upon the date when such commitment is made or liability
assumed.
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
Shall mean any person holding elective municipal office or
holding an appointed position in the municipal government, or in any
agency, commission, board, or office thereof, whether the position
is full time or part-time, compensated or uncompensated; and any employee
of municipal government or in any agency, commission, board, or office
thereof, whether the position is full time or part-time.
MUNICIPALITY
Shall mean this municipality and any officer, department,
board, commission, or agency thereof.
POLITICAL ORGANIZATION
Shall mean any two or more persons acting jointly, or any
corporation, partnership or any other incorporated or unincorporated
association which is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for Federal, State,
County, municipal or school board office. "Political organization"
includes, but is not limited to, organizations otherwise defined as
"political committee," "joint candidates committee," and "legislative
leadership committee."
PROPERTY OF THE MUNICIPALITY
Shall mean buildings, land, vehicles, phones, fax machines,
computers or other office equipment or supplies and other real or
personal property owned, leased or controlled by the municipality,
except for public roads and open park land.
SOLICIT
Shall mean to seek by oral or written communication a contribution
as same is defined herein.
[Ord. #O-00-2, S 4]
a. Prohibition Against Soliciting or Accepting Political Contributions
on Public Property.
1. No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any contribution
for any candidate, elected official or political organization while
in or on the property of the municipality or utilizing the property
of the municipality.
b. Prohibited Forms of Fundraising.
1. Prohibited forms of fundraising shall include but are not limited
to:
(a)
Soliciting or accepting contributions using municipal telephones,
fax machines, or computers.
(b)
Soliciting or accepting contributions using personal telephones
while on the property of the municipality.
(c)
Soliciting or accepting contributions through the use of publicly-owned
computers or privately-owned personal computers while on the property
of the municipality.
(d)
Using municipal letterhead to solicit or accept contributions.
(e)
Sending correspondence from municipal buildings or by use of
municipal services, equipment, or postage.
(f)
Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the municipality.
(g)
Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
c. Reporting Requirements. It shall be the responsibility of any employee,
appointed or elected official who observes any prohibited forms of
fundraising to report such conduct to the Municipal Ethics Board,
if one exists, or in the alternative, to the Municipal Prosecutor
and the Municipal Clerk who shall report same to the Governing Body.
d. Whistleblower Provision. It shall be unlawful for any employee, elected
official or appointee to be dismissed, reprimanded, retaliated against
or otherwise intimidated for complying with the reporting requirements
mandated by this section.
e. Violation. Violation of any provision of this section shall be punished
by a period of community service not exceeding 90 days or imprisonment
in the county jail for a term not exceeding 90 days or a fine not
exceeding $1,000.
[Ord. #O-04-10, S 1]
This section shall amend and supplement Ordinance 2-9.3Ae, regarding
the fingerprinting of fire and first aid volunteers, and shall further
set forth the procedures regarding any other volunteers and paid officers
and employees of the Borough where police record checks are required.
[Ord. #O-04-10, S 2]
The fingerprinting procedure for volunteers shall be as follows:
a. Any person applying to be a member of the Fire Department, West Long
Branch Emergency Medical Services, Inc., to be a block parent, or
such other volunteer when police records checks are required for appointment,
shall first complete the required application.
[Amended 3-21-2018 by Ord. No. O-18-2]
b. The Borough Clerk will retain the original application and forward
a copy to the West Long Branch Chief of Police.
c. The applicant will appear at the Police Department to be fingerprinted.
Before the applicant is actually fingerprinted, that person shall
sign the Borough-approved form of waiver.
d. The Chief of Police will forward the fingerprints to the New Jersey
State Police for a criminal records check.
e. The criminal records check response will then be returned to the
Chief of Police by the State Police.
f. The Chief of Police will then report to the Borough Clerk, for her
reporting to the Governing Body, of the outcome of the records check.
The original fingerprints will be forwarded to the Borough Clerk with
the Chief's response, for placement in the applicant's file.
[Ord. #O-04-10, S 3]
Unless a specific ordinance or statute shall direct the contrary,
the fingerprinting procedures for paid employees or paid officials
of the Borough shall be as follows:
a. The applicant will be directed to the Police Department to have the
applicant's fingerprints taken.
b. The Borough Clerk will forward a copy of any application completed
by the applicant to the Police Chief.
c. The applicant shall appear at the Police Department to be fingerprinted.
Prior to the fingerprints actually being taken, the applicant shall
sign the Borough-approved form of waiver.
d. After the fingerprints have been obtained, the Police Chief will
requisition a check from the CFO/Treasurer.
e. When the check is received by the Chief of Police, he shall forward
the check and fingerprints to the New Jersey State Police, and request
a criminal records check.
f. The criminal records check response will then be returned to the
Chief of Police by the State Police.
g. The Chief of Police will then report to the Borough Clerk, for her
reporting to the Governing Body, of the outcome of the records check.
The original fingerprints will be forwarded to the Borough Clerk with
the Chief's response, for placement in the applicant's file.
[Ord. #O-04-10, S 4]
The procedures set forth above shall only apply in cases where
State law, Borough ordinance or Borough procedures require a police
records check of the volunteer, employee or official.
[Ord. #O-04-10, S 5]
Prior to any prospective volunteer, employee or official being
fingerprinted, a fingerprint waiver and authorization form shall be
signed by such person. A copy of that form shall be provided by the
West Long Branch Police Department. The original shall be placed in
such persons' personnel file.
[Ord. #O-04-10, S 6]
The attached form of waiver shall be used until such time as
the Governing Body shall approve a different form.
[Ord. #O-04-17, S 1]
It is the purpose of this section to provide every municipal
officer or employee who is a member of the National Guard or is a
Reservist in any branch of the military or naval service of the national
government or of the State, to the extent permitted by N.J.S.A. 38:23-3,
with continued salary during the entire duration of time that such
municipal officer or employee is on any call to active duty, in an
amount representing the difference between the municipal officer's
or employee's military pay and his or her municipal salary. It is
also the intention of this section to provide every such officer or
employee with continued health and other applicable benefits, including
the accrual of sick leave, during the entire duration of time that
such municipal officer or employee is on any call to active duty,
and to require every such officer or employee to exhaust vacation
and personal days which might otherwise accrue to the officer or employee
during the leave period.
[Ord. # O-04-17, S 2]
For purpose of this section, the following terms shall have
the meanings indicated:
ACTIVE DUTY
Shall mean duty in the active military service.
ARMED FORCES
Shall mean the air, land, and sea forces established by State
or Federal laws as applicable.
MILITARY
Shall mean any part of or all of the Armed Forces.
NATIONAL GUARD
Shall mean the Army National Guard or the Air National Guard
of the State of New Jersey.
RESERVIST
Shall mean a member of the reserve component of any branch
of the Armed Forces of the Federal Government or the National Guard
of any other State.
[Ord. #O-04-17, S 3]
a. Borough Officers or Employees Who Are Members of the National Guard.
1. Any officer or employee of the Borough of West Long Branch who is
a member of the National Guard shall be entitled to all of the benefits
afforded pursuant to N.J.S.A. 38A:4-4, pertaining to leaves of absence,
payment of compensation and time earned while said officer or employee
is engaged in any period of State or Federal active duty.
2. For any period of Federal active duty that is in excess of 90 work
days in one calendar year, such municipal officer or employee shall
be entitled to be paid, to the extent permitted by N.J.S.A. 38:23-3,
the difference between the officer's or employee's military pay and
his or her municipal salary on all days for the entire duration of
any call to such active duty.
3. Any officer or employee of the Borough of West Long Branch who is
a member of the National Guard shall also be entitled, to the extent
permitted by N.J.S.A. 38:23-3, to continued health and other applicable
benefits, including the accrual of sick leave, during the entire duration
of time that such municipal officer or employee is on any call to
State or Federal active duty, and shall be required to exhaust vacation
and personal days which might otherwise accrue to the officer or employee
during the leave period.
b. Borough Officers or Employees Who Are Reservists.
1. Any officer or employee of the Borough of West Long Branch who is
a reservist shall be entitled to all of the benefits afforded pursuant
to N.J.S.A. 38:23-1, pertaining to leaves of absence, payment of compensation,
and time earned while said officer or employee is engaged in any period
of Federal active duty.
2. For any period of Federal active duty that is in excess of 30 work
days in one calendar year, such municipal officer or employee shall
be entitled to be paid, to the extent permitted by N.J.S.A. 38:23-3,
the difference between the officer's or employee's military pay and
his or her municipal salary on all work days for the entire duration
of any call to such Federal active duty.
3. Any officer or employee of the Borough of West Long Branch who is
a reservist shall be entitled to be paid, to the extent permitted
by N.J.S.A. 38:23-3, the difference between the officer's or employee's
military pay and his or her municipal salary on all work days for
the entire duration of any call to Federal active duty.
4. Any officer or employee of the Borough of West Long Branch who is
a reservist shall also be entitled, to the extent permitted by N.J.S.A.
8:23-3, to continued health and other applicable benefits, including
the accrual of sick leave, during the entire duration of time that
such municipal officer or employee is on any call to Federal active
duty, and shall be required to exhaust vacation and personal days
which might otherwise accrue to the officer or employee during the
leave period.
[Ord. #O-04-17, S 4]
The employee shall have the sole option as to whether or not
to receive differential pay from the municipality as set forth in
this section. Accordingly, the employee shall not be required to use
his or her vacation and personal days, unless that employee wishes
to avail himself or herself of the differential pay benefits in this
section.
[Ord. #O-04-17, S 5]
For purposes of computing the differential in pay between the
active duty pay and the municipal pay, the employee's base pay from
the military unit shall be used, and the gross pay, minus any clothing
allowances, shall be used as the municipal pay rate.
[Ord. #O-06-9, S 1]
It shall be the policy of the Borough that all contracts awarded
for $17,500 or more, contracts that may likely result in a total payment
to the contractor of $17,500 or more, and all professional services
contracts shall be required to comply with the process set forth in
this section.
[Ord. #O-06-9, S 2]
Prior to awarding any contract under the terms in Subsection
2-24.1 above, the Borough shall advertise in at least one of the duly-authorized newspapers of the Borough the fact that a contract, professional or otherwise, will be awarded, and that a contract will be awarded by the Governing Body.
[Ord. #O-06-9, S 3]
A similar notice shall be placed on the Borough's web page.
[Ord. #O-06-9, S 4]
Both of the notices in Subsections
2-24.2 and
2-24.3 above shall be published/posted at least 10 days prior to the planned award of the contract.
[Ord. #O-06-9, S 5]
This section applies to the award of contracts for both professional
and nonprofessional services and includes, but is not limited to,
the following services:
c. Zoning Board of Adjustment Attorney;
g. Borough Appraiser/Tax Consultant;
[Ord. #O-06-9, S 6]
Each person or entity responding to a public solicitation for
proposals for contracts shall submit his/her/its qualifications to
the Borough official requesting the same in the advertisement. If
there is no specific official named in the advertisement, the contractor's
response shall be submitted to the Borough Clerk.
[Ord. #O-06-9, S 7]
The criteria for evaluating persons and entities seeking contracts
with the Borough shall be included and appear in the advertisement
for the solicitation of interested applicants. The following criteria
shall be listed in all such advertisements:
a. Knowledge of area of expertise;
b. Experience in West Long Branch and similar communities;
c. Resume of the contractor and his/her/its support staff;
d. Size of the contractor's business, and its capabilities;
e. References, including any from other municipalities where the contractor
has performed similar services;
f. Street location of the contractor's office.
[Ord. #O-06-9, S 8]
In addition to the criteria set forth above, the Borough may
add additional criteria in seeking applicants for any particular contract.
[Ord. #O-06-9, S 9]
Each contract subject to this section shall be awarded based upon the consideration of the criteria set forth in this section and any additional contract criteria as set forth in Subsection
2-24.8 above, and the selection by the Borough shall be based solely on the Borough's evaluation of the submitted criteria. The Governing Body shall further consider the criteria above, together with the cost of such services, prior to making any contract award.
[Ord. #O-06-9, S 10]
At the time the contract award is made, a public announcement
shall be made of all of the proposals received for the position, which
proposals shall be considered public records. The selection and award
of the contract shall also be made publicly.
[Ord. #O-06-9, S 11]
When the proposals (also known as R.F.P.'s, or Requests for
Proposals) are opened by the Clerk or other designated official, the
opening shall be done publicly, with a municipal representative present.
[Ord. #O-06-9, S 12]
To the extent that this section expands on any requirements
of existing or subsequent State law, and is not inconsistent with
the same, the provisions of this section shall take precedence.
[Ord. #O-07-5, S 1]
There is hereby established, pursuant to N.J.S.A. 40:12-1 et
seq. and its amendments, a Board of Recreation Commissioners in the
Borough of West Long Branch consisting of seven members, plus two
alternates.
[Ord. #O-07-5, S 2]
Each member of the Commission shall serve a term of five years.
The term of each member shall begin on January 1, and each member
shall continue in office until his successor shall be appointed and
shall qualify. All members shall be appointed by the Mayor. Since
the Board is currently fully constituted, the present commissioners
shall continue to service for their appointed terms.
[Ord. #O-07-5, S 3]
All members and alternate members of the Board shall be residents
of the Borough of West Long Branch. If any member ceases to be a resident
of the Borough, his position shall be deemed vacant, and the vacancy
shall be filled in accordance with the appropriate section of this
ordinance.
[Ord. #O-07-5, S 4]
The Mayor shall appoint the Chair of the Board. The Chair shall
serve a term of one year and until his successor has been appointed,
but in no event longer than the Chair's term of appointment to the
Board.
[Ord. #O-07-5, S 5]
If a vacancy shall occur in a regular member position, other
than by expiration of term, that vacancy shall be filled by appointment
by the Mayor for the unexpired term only.
[Ord. #O-07-5, S 6]
There shall be two alternate members of the West Long Branch
Board of Recreation Commissioners, who shall be designated "Alternate
#1" and "Alternate #2."
[Ord. #O-07-5, S 7]
Each alternate shall serve a term of five years. Persons currently
serving in the position of alternate member shall continue to serve
until their terms expire.
[Ord. #O-07-5, S 8]
Alternate members may participate in discussion of the proceedings,
but may not vote, except in the absence or disqualification of a regular
member of the Board of Recreation Commissioners. A vote shall not
be delayed in order that a regular member may vote instead of an alternate
member. In the event that a choice must be made as to which alternate
member is to vote, Alternate #1 shall vote.
[Ord. #O-07-5, S 9]
A vacancy in any alternate member position occurring other than
by expiration of term shall be filled by the Governing Body for the
unexpired term only.
[Ord. #O-07-5, S 10]
No compensation shall be paid to any Commission member, whether
a regular member or alternate member.
[Ord. #O-07-5, S 11]
a. A member may, after public hearing if he requests one, be removed
for cause by the Mayor, with the advice and consent of the Council.
b. An alternate member of the Board of Recreation Commissioners may,
after public hearing if he requests one, be removed for cause by the
Governing Body.
c. Members may also be removed for absenteeism, as provided for and
defined by N.J.S.A. 40A:9-12.1 and any amendments thereto.
[Ord. #O-07-5, S 12]
No member shall be permitted to act on any matter in which the
member or alternate has, either directly or indirectly, any personal
or financial interest.
[Ord. #O-07-5, S 13]
The Commission shall have the following powers and duties:
a. To make recommendations to the Governing Body regarding park and
recreation land acquisition and dedications, prior to the Borough
acquiring property.
b. To oversee, as representatives of the Governing Body, all property
which has been set aside for park purposes.
c. To encourage, stimulate, promote and foster programs for the enrichment
of the Borough, and thereby contribute to the quality of life in the
Borough; and to develop an awareness in the business community, in
local government and in the general public, of the value and benefits
of the constructive use of leisure time. The Commission may perform
other related functions that may come before it, or may be referred
to it by the Governing Body.
d. To initiate, sponsor or conduct, alone or in cooperation with other
public agencies and/or public officials, programs to further the development
and public awareness of, and interest in, park and recreation issues.
e. To seek funds from private or governmental sources for park and recreation
programs and facilities, providing the same is done through and in
coordination with the Governing Body and the Borough Hall staff. The
Commission may not, however, receive or disburse funds.
f. To issue proclamations in recognition of support and/or in honor
of outstanding achievements relating to parks and recreation.
g. To work with the Borough Planning and Zoning Boards, as appropriate,
on general land use issues to insure that adequate park, recreation
and trail facilities exist in the Borough, and to review and make
recommendations regarding conceptual park and recreation facility
designs.
h. To review and make recommendations to the Governing Body regarding
all landscape and architectural plans for park and recreational facilities.
i. To establish rules and regulations governing the conduct of recreation
programs, the protection of property, and the activities of persons
at all parks, so that all residents and guests may enjoy them for
their leisure time activities. This power shall not supercede or conflict
with the ordinance powers of the Borough Governing Body.
j. The Commission shall hold public meetings on recreation programming
and facility usage, and shall conduct investigations and surveys for
the purpose of obtaining facts and data concerning recreational programs,
and to assure the provision of programs designed to meet the needs
and interests of the residents of the Borough.
k. To review grants, facility developments and designs, and recreation
programs.
l. To advise the Governing Body on the subject of recreation and facility
master planning and development.
m. The Commission shall assist in the implementation and revisions,
through the Borough Planning Board, of the comprehensive park, recreation
and trail master plan to insure the preservation of open space, the
development of park facilities, and park maintenance operations and
standards, and the creation of recreation programs.
n. To support and facilitate joint cooperation with local school districts,
community athletic associations and other community organizations.
o. To make recommendations to the Governing Body regarding the exclusion
of persons; the regulation of traffic, including pedestrian, equestrian
and vehicular; the regulation, operation and use of bicycles; the
keeping or using of animals; the conducting of assemblies, contests,
games or sports; and the regulation of activities, such as merchandising,
advertising, gambling, solicitation and imbibing of alcohol; regarding
all of the Borough's recreation facilities.
The Recreation Commission shall not have the power to acquire
or sell property.
[Ord. #O-07-5, S 14]
The Governing Body of the Borough of West Long Branch may appropriate
funds for the expenses incurred by the Board of Recreation Commissioners.
[Ord. #O-07-5, S 15]
The Commission shall keep records of its meetings and activities,
and shall submit an annual report to the Mayor and Council on or before
the second Borough meeting in February.
[Ord. #O-08-8, S 1]
The position of Director of Public Works (referred to as "Municipal
Superintendent of Public Works" in N.J.S.A. 40A:9-154.5) for the Borough
of West Long Branch is hereby created.
[Ord. #O-08-8, S 2]
Any person who shall hold the position of Director of Public
Works continuously for five years or more, regardless of the fixed
terms he may have served, and has served during good behavior and
efficiency, shall be granted tenure of office.
[Ord. #O-08-8, S 3]
Any person who shall attain tenure in the position shall not
be removed from such position except upon a public, fair and impartial
hearing after written charges have been filed with the Municipal Clerk.
[Ord. #O-08-8, S 4]
The position of Director of Public Works for the Borough of
West Long Branch shall be compensated in accordance with the West
Long Branch Borough salary ordinance.
[Added 10-20-2021 by Ord.
No. O-21-15]
The position of Deputy Director of Public Works for the Borough
of West Long Branch is hereby created.
[Added 10-20-2021 by Ord.
No. O-21-15]
The Deputy Director shall be appointed annually by the Mayor,
with the advice and consent of the Borough Council, for a period of
one year.
[Added 10-20-2021 by Ord.
No. O-21-15]
Any person who has been appointed and served in the position
of Deputy Director of Public Works shall not be removed from such
position except upon a public, fair, and impartial hearing after written
charges have been filed with the Municipal Clerk.
[Added 10-20-2021 by Ord.
No. O-21-15]
The position of Deputy Director of Public Works shall be compensated
in accordance with the West Long Branch salary ordinance and any resolution
of the governing body fixing the specific salary, in the event the
ordinance provides for a range of salary.
[Added 10-20-2021 by Ord.
No. O-21-15]
The Deputy Director of Public Works shall serve in the absence
of the Director of Public Works and also when requested to undertake
action on behalf of the Director of Public Works. He shall also serve
as a supervisor of the Department of Public Works.
[Ord. #O-09-3]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
a. Any newly-appointed Municipal Prosecutor (not the incumbent);
b. Any newly-appointed Municipal Court judge (not the incumbent).
[Ord. #O-09-3]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
f. Director of Public Works;
[Ord. #O-09-3]
If an individual is appointed to one of the positions listed in subsection
2-27.1 and the individual is not serving in a position as described in subsection
2-27.2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual: (a) was an active participant in the Public Employee Retirement System on July 1, 2007, and continuously since that time, or (b) has been appointed pursuant to a valid promotional process; or (c) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in section 2 herein, and is in pursuit of the required certification; or (d) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #O-09-3]
This section shall be implemented, construed and subject to
the aforesaid N.J.S.A. 43:15C-1 et seq. as amended from time to time,
and any regulations or guidance documents from the Local Finance Board
or the Division of Pensions and Benefits.
[Ord. No. O-94-7]
The New Jersey Tort Claims Act, and, specifically, N.J.S.A.
59:8-6, provides that public entities may adopt forms to be completed
by claimants seeking to file a notice of tort claim against the public
entity, which forms shall include the claim requirements of N.J.S.A.
59:8-4. The Borough of West Long Branch is a public entity covered
by the provisions of the New Jersey Tort Claims Act. The Borough's
insurance carrier has recommended the adoption of forms so that claims
against the Borough can be more quickly investigated, and a better
defense be provided to the Borough for such claims, all of which the
Governing Body deems advisable, necessary, and in the public interest.
[Ord. No. O-94-7]
All persons making claims under the New Jersey Tort Claims Act against the Borough of West Long Branch, pursuant to N.J.S.A. 59:8-1 et seq., shall be required to complete a claim form which completion shall be a condition of compliance with the notice requirements of the New Jersey Tort Claims Act. The form found in subsection
2-28.3 is adopted for such use. Should the Borough deem it advisable to amend the annexed claim form, such amendments to the form may be undertaken either by Borough ordinance or resolution.
[Ord. #O-10-5, S 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of West Long Branch's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. #O-10-5, S 2]
As used in this section, the following terms shall have the
meanings indicated:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
West Long Branch to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households. This position shall also be
known as the Borough's Affordable Housing Administrator.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for the Borough of West Long Branch.
[Ord. #O-10-5, § 3]
a. There is hereby established the position of Municipal Housing Liaison
for the Borough of West Long Branch.
b. Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Mayor, with
the advice and consent of the Borough Council and may be a full or
part time municipal employee.
c. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of West Long Branch, including the following responsibilities which
may not be contracted out:
1. Serving as West Long Branch's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents,
and interested households;
2. Monitoring the status of all restricted units in West Long Branch's
Fair Share Plan;
3. Compiling, verifying, and submitting annual reports as required by
the court or COAH, as applicable;
4. Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5. Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6. Creating and publishing a written operating manual, as approved by
COAH, setting forth procedures for administering such affordability
controls; and
7. Providing annual reports to COAH as required.
d. Subject to approval by the Court or COAH, as applicable, West Long
Branch may contract with or authorize a consultant, authority, government
or any agency charged by the governing body, which entity shall have
the responsibility of administering the affordable housing program
of West Long Branch, except for those responsibilities which may not
be contracted out pursuant to paragraph c above. If West Long Branch
contracts with another entity to administer all or any part of the
affordable housing program, including the affordability controls and
Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise
the contracting Administrative Agent.
e. Compensation for the Municipal Liaison, if any, shall be fixed by
the governing body at the time of the appointment of the Municipal
Housing Liaison.
[Ord. #O-10-5, § 4]
a. There is hereby established the position of West Long Branch Affordable
Housing Administrator, who is also referred to as the Administrative
Agent.
b. Administrative powers and duties assigned to the Affordable Housing
Administrator:
1. Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of West Long Branch and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low and moderate income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2. Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, or
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of West Long Branch when referring households for certification
to affordable units.
3. Affordability Controls:
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or county clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4. Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5. Processing Request from Unit Owners:
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6. Enforcement:
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point in the processing of the project or development,
written acknowledgement of the requirement that no restricted unit
can be offered, or in any other way committed, to any person, other
than a household duly certified to the unit by the Administrative
Agent;
(c)
The posting annually in all rental properties, including two-family
homes, or a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
7. The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Ord. #O-10-5, S 5]
a. The Administrative Agent selected by the Borough will enter into
a contract with the Borough to perform the Administrative Agent services
as set forth in this section. The fees to be paid to the Administrative
Agent, however, will be paid directly by the developer to the Administrative
Agent, under separate contract entered into between the developer
and the Administrative Agent.
b. In addition thereto, the Borough may be charged an additional flat
annual fee for the performing of services by the Administrative Agent.
Though the Borough will be responsible for payment of such annual
fee to the Administrative Agent, that annual fee shall be reimbursed
100% by the developer. If there is more than one developer within
the Borough having affordable housing units subject to this section,
the annual fee shall be prorated by the number of affordable housing
units among the developers who have such affordable housing units.
[Ord. #O-10-10, § 1]
No insurer issuing fire insurance policies in the State of New
Jersey shall pay any claims for fire damages in excess of $2,500 on
any real property located within the Borough unless or until the insured
person submits an official certificate of search for municipal liens
pursuant to N.J.S.A. 54:5-12 certifying that all taxes, assessments
or other municipal liens or charges, levied and assessed and due and
payable against said property, have been paid or the Borough Council
of the Borough submits a certified copy of a resolution adopted pursuant
to this section. Any request pursuant to this section for an official
certificate of search for municipal liens shall specify that the search
concerns fire-damaged property.
[Ord. #O-10-10, § 2]
If demolition of a fire-damaged property has not yet occurred
as of the date of receipt by the Borough of a request for execution
of an official certificate required by this section, the insured shall
provide on that certificate an estimate of the anticipated costs of
demolition. The insurer, on notice to the insured, shall pay the anticipated
costs of demolition to the Borough, which shall hold the funds in
an interest-bearing escrow account in a State or Federally chartered
bank, savings bank or savings and loan association in the State of
New Jersey.
[Ord. #O-10-10, § 3]
This section shall apply to and be effective against any fire
insurance policy issued or renewed after the adoption hereof and after
the filing of this section with the State Commissioner of Insurance
pursuant to N.J.S.A. 17:36-9.
[Ord. #O-10-10, § 4]
The Borough Council of the Borough may enter into an agreement
with the owner of any fire-damaged property to pay in full all delinquent
taxes, assessments or other municipal liens by installments pursuant
to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by
installment payments pursuant to N.J.S.A. 54:5-65 et seq., if the
Borough Council is satisfied that the claim for fire damages is to
be used to restore or improve the fire-damaged property. An insurance
company receiving a certified copy of a resolution of such agreement
from the Borough Council is authorized to make full payment on the
claim to the insured person.
[Ord. #O-10-10, § 5]
Unless a resolution is received in accordance with N.J.S.A.
17:36-11 by an insurance company writing fire insurance policies in
any municipality having adopted an ordinance pursuant to N.J.S.A.
17:36-9, such insurance company is hereby authorized and required,
prior to the payment of any claims for fire damages in excess of $2,500,
to pay to the municipality the amount of the liens appearing on the
official certificate and such other recorded liens or related charges
as may be certified to the insurance company; provided, however, that
if an appeal is taken on the amount of any lien or charge, other than
an appeal on the assessed valuation of real property pursuant to N.J.S.A.
54:3-21, the insurance company shall issue a draft payable to the
court of record, to be held by the court in an interest-bearing escrow
account in a banking institution or savings and loan association in
this State, in an amount totaling 75% of the full amount of the lien
or charge being contested but not to exceed the proceeds payable under
its insurance policy, and the insurance company shall issue a draft
payable to the municipality for the remaining 25% of the lien or charge
being contested, with the full amount paid by the insurance company
to the court and the municipality not to exceed the proceeds payable
under its insurance policy pending termination of all proceedings,
at which time such moneys and all interest accruing thereon at a rate
paid on interest-bearing accounts in banking institutions or savings
and loan associations in this State, shall be disbursed in accordance
with the final order or judgment of the court.
[Ord. #O-10-10, § 6]
A municipal claim made in accordance with the provisions of
N.J.S.A. 17:36-8 et seq. shall be paramount to any other claims on
the proceeds of the fire insurance policy, except the claim of the
holder of a purchase money mortgage held as a first mortgage or an
institutional lender which is a holder of a mortgage on the fire-damaged
property, where the fire insurance policy at the time of the loss
listed the mortgagee as the holder of an insurable interest, in which
event the claim of the mortgagee to the proceeds shall be paramount
to the municipal lien under N.J.S.A. 17:36-8 et seq. only to the extent
of the amount due and payable to the mortgagee under the mortgage
contract. As used in this section, "institutional lender" shall mean
any bank, savings bank, state or federally chartered savings and loan
association or insurance company.
[Ord. #O-10-10, § 7]
Nothing in N.J.S.A. 17:36-8, et seq. shall be construed:
a. To obligate an insurance company for any amount in excess of the
proceeds payable under its fire insurance policy.
b. Except as provided in the case of appeals, N.J.S.A. 17:36-10, to
obligate the insurance company for any liens not appearing on the
official certificate or any certified changes submitted by the bonded
official; or
c. To affect the authority of a municipality to enforce a municipal
lien under any other law of this State.
[Ord. # O-12-8]
At the time the tax sale certificate is redeemed, the Tax Collector
shall charge an additional $20, which shall be in the form of a check
or money order payable to the Monmouth County Clerk.
[Ord. # O-12-8]
That additional check or money order shall be used for the purpose
of recording the tax sale redemption certificate with the Monmouth
County Clerk, which recording shall henceforth be undertaken by the
Tax Collector.
[Ord. # O-12-8]
In the event the recording fee shall increase in the future,
this section shall be deemed amended to require payment of the then-current
recording fee chargeable to a redeeming party for the recording of
a tax sale redemption certificate.
[Ord. # O-12-8]
If the redeeming party requests to record the tax sale redemption certificate himself, rather than have the redemption certificate recorded by the Tax Collector, then the redeeming party shall not be required to pay the additional fee set forth in subsection
2-31.1 above.
[Added 5-6-2020 by Ord.
No. O-20-5]
If any applicant before the West Long Branch Zoning Board or
the West Long Branch Planning Board becomes 90 days deficient in paying
any required escrow or supplemental escrow for the payment of the
Board's professional fees, the Board Secretary shall provide a certification
to the Borough Clerk setting forth:
a. The date of the notice to the applicant;
b. The amount requested/required;
c. The amount that remains unpaid; and
d. That 90 days has elapsed since the date of request for such payment.
[Added 5-6-2020 by Ord.
No. O-20-5]
Upon receipt of the certification of the Board Secretary as set forth in Subsection
2-32.1, the Borough Clerk shall advise the governing body by providing it with a copy of the Board Secretary's certification.
[Added 5-6-2020 by Ord.
No. O-20-5]
If the governing body chooses to impose a lien on the subject
property to the extent of the unpaid escrow, it shall advise the property
owner, in writing, at least 10 days before the Council Meeting at
which such action will be taken.
[Added 5-6-2020 by Ord.
No. O-20-5]
If the escrow remains unpaid by the expiration of 10 days as
set forth in the proceeding section, the governing body may adopt
a resolution to assess the property owner the amount of the unpaid
escrow, such amount to be added to the property owner's tax bill and
be a lien against the taxpayer's subject property.
[Added 5-6-2020 by Ord.
No. O-20-5]
This procedure is not intended to relieve the applicant or property
owner from paying the required escrow bills. Rather, this section
is designed to provide an additional mechanism to collect unpaid escrow
bills.
[Added 5-6-2020 by Ord.
No. O-20-5]
If any application to either the Zoning Board or the Planning
Board is made by other than the owner of the property, in addition
to the owner of the property providing its consent for the applicant
to proceed, the owner shall also provide a written statement to the
Board, indicating its awareness that, if any escrow bills are not
paid, the Borough may impose a lien for the same and add the unpaid
escrow bill(s) to the real estate taxes of that property.
[Added 2-1-2023 by Ord. No. O-23-4]
[Added 2-1-2023 by Ord. No. O-23-4]
The following additional custodian of records under the Open
Public Record Act, for the entities and their records, are as follows:
a. As to the West Long Branch Police Department, for police records,
the Chief of Police.
b. As to the West Long Branch Fire Department, the Emergency Services
Records Administrator.
[Added 2-1-2023 by Ord. No. O-23-4]
The Borough website shall be modified to conform with this section,
and set forth the direct contact information for each of the additional
custodians of records referred to above. In addition, specific OPRA
request forms for those departments shall be made available on the
Borough website. For informational purposes, the contact information
for the current additional custodians referenced above are:
a. As to the West Long Branch Police Department, police@westlongbranch.org.
b. As to the West Long Branch Fire Department, ESRA@westlongbranch.org.
[Added 2-1-2023 by Ord. No. O-23-4]
In addition to sending any request for public records to either
the West Long Branch Police Department or the West Long Branch Fire
Department, the requestor shall also provide an informational copy
to the West Long Branch Borough Clerk, whose address will continue
to be provided on the Borough's website for purposes of OPRA
requests. Currently, the Borough Clerk's email address is csantos@westlongbranch.org.
[Added 2-1-2023 by Ord. No. O-23-4]
Requestors of public records under OPRA for records of either
the West Long Branch Police Department or the West Long Branch Fire
Department shall be directed only to those entities, as set forth
in this section. The courtesy copy to the Borough Clerk is just that.
She, however, shall not be considered the custodian of public records
for those departmental records.
[Added 2-1-2023 by Ord. No. O-23-4]
When the alternate custodian of records, as set forth in this
section, provides his reply to the requestor, he shall provide a courtesy
copy to the Borough Clerk, so that the Borough Clerk can note for
the Borough's records that the OPRA request has been responded
to.
[Added 2-1-2023 by Ord. No. O-23-4]
This section shall take effect immediately upon passage and
publication according to law.