Borough of West Long Branch, NJ Administration

Editor's Note: Former Subsection f9, regarding the insurance program and joint insurance program, were repealed 5-16-2018 by Ord. No. O-18-6.

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]

Restrictions on Position.

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.

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.

Qualifications for Position.

Bachelor's degree required, preferably in Business or Public Administration.

Five years experience in business and/or local government, with a minimum of three years working in administration, finance, planning, or similar area.

Individual should have knowledge of municipal operations, contract administration, research methods and practices, budget and/or personnel management.

Must be a resident of the State of New Jersey.

Have a valid Class "D" New Jersey Driver's License, or equivalent.

Be proficient in computer skills.

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]

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.

§ 2-7.10 Deputy Code Enforcement Officer.

[Added 8-1-2018 by Ord. No. O-18-8]

Position Established. There is hereby created the position of Deputy Code Enforcement Officer of the Borough of West Long Branch.

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.

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.

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.

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.

When Effective. This section shall take effect immediately upon passage and publication according to law.

§ 2-7.11 Deputy Housing Inspector.

[Added 1-20-2021 by Ord. No. O-21-3]

Position Established. There is hereby created the position of Deputy Housing Inspector of the Borough of West Long Branch.

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.

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.

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.

Effective Date. This subsection shall take effect immediately upon passage and publication according to law, and be retroactive to January 1, 2021.

§ 2-8 POLICE DEPARTMENT.

§ 2-8.1 Established.

[Ord. #369, S 1]

There is hereby established in the Borough a Police Department.

§ 2-8.2 Police Committee.

[Ord. #369, S 2]

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.

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.

§ 2-8.3 Authorized Personnel.

[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:

One Chief of Police;

No more than one Captain of Police;

No more than two Lieutenants;

Such number of Sergeants as the Mayor and Council may deem necessary;

Such number of Detectives as the Mayor and Council may deem necessary;

Such number of Corporals as have completed 18 years of service as patrolmen;

Such number of Patrolmen as the Mayor and Council may deem necessary; and

Such number of Probationary Patrolmen as the Mayor and Council may deem necessary.

§ 2-8.4 Chain of Command.

[Ord. #369, S 4; Ord. #400, S 2; Ord. #O-01-8, S 3; Ord. #O-03-11]

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.

The Captain 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.

The Lieutenant shall be the next junior rank to Captain, and shall perform such duties as are assigned by the Chief of Police and Captain of Police, and shall be responsible for assisting in the planning, directing, coordinating and controlling of assigned activities within the Department.

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.

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.

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.

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.

§ 2-8.5 General Qualifications of Police Officer.

[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:

Be a citizen of the United States, and a resident of the State of New Jersey;

Be between the ages of 18 and 35;

Possess a High School diploma or State equivalency certificate;

Possess an associate's degree, college degree, or a minimum of 60 college credits;

Have normal hearing in both ears;

Have vision 20/30 or better in both eyes, without glasses or contact lenses;

Have the ability to distinguish colors and not be color blind;

Have teeth which are in good condition, or have been satisfactorily restored;

Body free from all physical defects which would interfere in any manner with the performance of assigned police duties;

Possess a valid New Jersey automobile driver's license;

Be able to read, write and speak the English language at the level of a high school graduate;

Be of good moral character;

Never have been convicted of a crime;

If the applicant has ever been in the military service, he must have completed his service under honorable conditions;

Be eligible for membership in the Police Retirement System of the State of New Jersey; and

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.

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]

§ 2-8.6 (Reserved) [1]

Former Subsection 2-8.6, Examing Board, previously codified herein and containing portions of Ordinance No. 369, was repealed in its entirety by Ordinance No. O-12-15.

§ 2-8.7 Promotions.

[Ord. #369, S 7; Ord. #0-94-20; Ord. #O-01-8, S 3; Ord. #O-03-11; Ord. # O-12-15 S 3]

All promotions shall be made by the governing body after receiving and considering the recommendation of the Chief of Police and the Police Committee.

Promotion recommendations shall be based upon seniority of service, evaluation of service merit, testing and interviews, as described in subsection 2-8.7A.

Five years of service in the West Long Branch Police Department is required for promotion to the rank of Sergeant.

One year of service in the next lower filled rank is required for promotion to the rank of Lieutenant or higher.

Upon promotion to the rank of Sergeant or higher there shall be served a one year probationary period before such appointment becomes permanent.

§ 2-8.7A Promotional Procedure for Police Department.

[Ord. # O-12-15, SS 4-7, 9-17; Ord. No. O-2015-1 § 2; Ord. No. O-2015-14 §§ 1-4]

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.

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.

Promotion to the Rank of Sergeant.

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.

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]

Testing. Candidates for Sergeant shall participate in the testing process set forth in this Subsection 2-8.7A g.

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]

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.

Promotion to the Rank of Lieutenant.

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]

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.

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.

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]

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.

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.

Promotion to the Rank of Captain.

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.

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]

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.

The Chief of Police shall make a written recommendation for any promotion to the rank of Captain.

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.

Promotion to the Rank of Chief of Police.

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]

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.

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.

Testing Process for Promotion to Sergeant.

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.

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.

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.

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]

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.

Lateral Entry or Lateral Transfers. No lateral entry or lateral transfer is permitted from another agency to a promotional rank within the Police Department.

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.

Release of Results and Promulgation of Eligibility.

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.

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]

Order of placement on the list shall be no guarantee of selection.

After the expiration of the eligibility list, candidates will be required to reapply for and participate in any subsequent promotional process.

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.

§ 2-8.8 Attention to Department Duties; Outside Employment Prohibited.

[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.

§ 2-8.9 Procedures for Discipline, Suspension and Discharge.

[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.

§ 2-8.10 Detective Bureau.

[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:

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.

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.

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.

§ 2-8.11 Traffic Bureau.

[Ord. #400, S 5]

There is hereby established within the Police Department a Traffic Bureau, which shall be subject to the following:

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.

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.

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.

§ 2-8.12 Firearms Bureau.

[Ord. #400, S 6]

There is hereby established within the Police Department a Firearms Bureau which will be subject to the following:

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.

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.

§ 2-8.13 Special Police.

[Ord. #167, SS 1-11]

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.

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.

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.

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.

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.

Supervised by Chief of Police. Every such Special Policeman shall be under the supervision and direction of the Chief of Police of the Borough.

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.

Oaths; Badges. All Special Policemen shall take a proper oath of' office and shall be furnished with a badge.

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.

Certificate of Appointment. Upon qualification and appointment of any Special Policeman, a certificate of appointment shall be furnished to the Special Policeman.

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.

§ 2-9 FIRE DEPARTMENT. [1]

Editor's Note: Pursuant to Section 4 of Ordinance No. O-06-11, this section is gender neutral. Any references to masculine pronouns herein shall be read as masculine or feminine (i.e. he or she).

§ 2-9.1 Fire Districts Established.

[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.

§ 2-9.2 Composition of 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.

§ 2-9.3 Membership. [1]

[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:

Active.

The active membership of each company shall consist of no more than 75 members.

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.

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.

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.

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:

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]

Successfully completes a training review, established in Subsection 2-9.3a,10 administered by the Captain; and

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]

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]

Attends not less than 50% of the drills during the probationary period, per year.

[Amended 10-17-2018 by Ord. No. O-18-11]

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]

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]

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]

Deal.

Eatontown.

Little Silver.

Long Branch.

Monmouth Beach.

Ocean Township (all).

(g)

Oceanport.

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]

Active Exempt.

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.

Active exempt members who fail to meet the annual regulatory training requirements shall be transferred to the roles of exempt membership.

Exempt.

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.

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]

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.

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.

Associate.

The associate membership shall consist of not more than 25 members of each company.

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]

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.

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]

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.

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.[2]

[2]

Editor's Note: Ordinance No. O-06-11, portions of which are codified herein in Subsection 2-9.3, was adopted October 4, 2006.

Honorary.

Honorary members shall not perform any firematic related duties.

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.

Life.

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.

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]

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.

Editor's Note: For incentives for volunteer Fire Department members see Sections 2-19 and 2-19A.

§ 2-9.3A Disclosure Information Regarding Applicants.

[Ord. #0-94-19, SS 1-8; Ord. No. O-09-15]

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.

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]

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]

Name.

Home address.

Birth date.

Social Security number.

Driver's license number.

Any conviction of violation of N.J.S.A. 2C:17-1:

Aggravated arson, or

Arson, or

Failure to control or report dangerous fire, or

Directly or indirectly pays or accepts any form of consideration for the purpose of starting a fire or explosion.

Any conviction or violation of N.J.S.A. 2C:33-3 (False Public Alarms).

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.

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.

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]

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.[1]

Editor's Note: See also Section 2-22, Fingerprinting Procedures for Borough Employees and Volunteers.

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]

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.

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]

§ 2-9.4 Elections; Terms of Office.

[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.

§ 2-9.5 Eligibility for the Office of Chief or Assistant Chief.

[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:

Chief.

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]

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]

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.

Assistant Chief.

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]

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]

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.

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.

§ 2-9.6 Nominations for Chief and Assistant Chief.

[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 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.

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.

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.

All nominees for the position of Chief and Assistant Chief shall meet the newly listed resident requirements listed in this section.

§ 2-9.7 Election of Chief and Assistant Chief.

[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.

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.

§ 2-9.8 Line Officers.

[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.

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.

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.

No person shall be eligible for the office of Captain who has not met the following qualifications:

Meet all firefighter and driver training qualifications listed in this section.

Meet all qualifications for the office of Lieutenant.

Complete eight-hour Incident Safety Officer course.

Complete twelve-hour course on Fire Ground Tactics and Strategy.

Complete eight-hour course on Management of the Fire Service or equivalent.

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.

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.

No person shall be eligible for the office of Lieutenant who has not met the following qualifications:

Meet all minimum qualifications for firefighter and driver, in addition to the following minimum requirements.

Complete eight-hour certified course on vehicle extrication.

Complete eight-hour course on fire ground tactics and strategy.

Complete, at a minimum, NJDOFS Fire Instructor 1 course.

Complete eight-hour course on basic building construction.

Course requirements above shall be conducted in accordance with the requirements for fire services training as defined in N.J.A.C. 5:73.

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.

§ 2-9.9 Election of Line Officers.

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.

§ 2-9.10 Management of Companies.

[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.

§ 2-9.11 Refusal to Obey or Enforce This Section.

[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.

§ 2-9.12 Duty of the Officers to Preserve Orderly Conduct.

[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.

§ 2-9.13 Duty of the Chief and Assistant Chief.

[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

§ 2-9.14 Chain of Command in Chief's Absence.

[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.

§ 2-9.15 Chief and Assistant Chief Should Attend All Fires.

[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.

§ 2-9.16 Identification of Chief and Assistant Chief.

[Ord. #352, S 17; Ord. #566]

The Chief, Assistant Chief, and all Line Officers shall carry official identification when on duty.

§ 2-9.17 Power of Chief to Suspend Any Member.

[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.

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.

The Board of Appeals shall set forth honest and reasonable decisions on suspensions, which decisions will be voted upon, and must be unanimous.

The Board of Appeals, when necessary, may retain the Borough Attorney to mediate legal matters.

§ 2-9.18 The Chief's Annual Report.

[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.

§ 2-9.19 Permission of Chief for Apparatus to Leave Borough.

[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.

§ 2-9.20 Department Training Division.

[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:

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

Such instructors shall meet or exceed all qualifications to be Captain per Subsection 2-9.8a, b and c.

§ 2-9.21 Interference with Fire Apparatus Prohibited.

[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.

§ 2-9.22 Fire Department Drivers.

[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.

Driver/operators must meet the following qualifications:

Have a valid New Jersey driver's license.

Meet NFPA 1002, Chapters, 1, 2, 3 and 4.

CDL license is not required for drivers of fire apparatus in the State of New Jersey.

Driver/operators of pumping apparatus must complete an advanced pump operator's course or similar course conducted by a recognized school or training organization.

Driver/operators of aerial apparatus must complete an advanced truck company operations course or similar course conducted by a recognized school or training organization.

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.

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.

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]

§ 2-9.23 Fire Police.

[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.

§ 2-9.24 Assistance from Out of Town Fire Departments.

[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.

§ 2-9.25 Penalty.

[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.

§ 2-9.26 Reporting of Violations.

[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.

§ 2-9.27 Violations; Penalty.

[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.

§ 2-9.28 Emergency Services Records Administrator.

[Ord. #O-03-2, SS 1-5; Ord. #O-05-14, SS 1—4]

Position Created. There is hereby created the position of Emergency Services Records Administrator of the Borough of West Long Branch.

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

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").

Maintain all federal- and state-mandated training records for all departments, and record the same into the Borough’s tracking program.

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.

Maintain all records required by LOSAP, and record the same into the Borough's tracking software.

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.

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.

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.

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.

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.

Compensation. The Emergency Services Records Administrator shall receive a salary as established in the annual salary ordinance, together with any approved stipend(s).

§ 2-9.29 Compliance with Fire Department Occupational Safety and Health Program, NFPA 1500.

[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.

§ 2-9.30 Consolidation of First and Second Lieutenant Positions.

[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."

§ 2-9.31 Termination of Membership.

[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.

§ 2-10 LOCAL ASSISTANCE BOARD.

§ 2-10.1 Establishment.

[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:

Class I: A member of the Borough Council.

Class II: A female resident of the Borough.

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.

§ 2-10.2 Terms.

[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.

§ 2-10.3 Vacancies.

[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.

§ 2-10.4 Organization of Board.

[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.

§ 2-10.5 Employees.

[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.

§ 2-11 ENVIRONMENTAL COMMISSION.

§ 2-11.1 Established.

[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.

§ 2-11.2 Members.

[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.

§ 2-11.3 Powers of Commission.

[Ord. #242, S 3]

The Commission shall have the following powers:

The promotion of the conservation and development of all the natural resources of the Borough.

Plan, inform, and recommend to the Borough Council and to the public, local conservation programs.

Implement conservation programs as authorized by the Borough Council.

Compile and keep an index of all open areas, publicly or privately owned, including marshlands, woodlands, and bodies of water.

The power to conduct research into the possible use of open areas of the Borough.

Recommend to the Planning Board plans and programs for inclusion into the Borough master plan and the development and use of such areas.

Advertise, prepare, print, and distribute books, maps, charts, plans, and pamphlets, which in its judgment it deems necessary for its purposes.

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.

§ 2-11.4 Records and Annual Report.

[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.

§ 2-11.5 Appropriations.

[Ord. #242, S 5]

The Borough Council of West Long Branch may appropriate funds for the expenses incurred by the Environmental Commission.

§ 2-12 SHADE TREE COMMISSION.

§ 2-12.1 Authority of the Commission; Composition.

[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.

§ 2-12.2 Terms of Office.

[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.

§ 2-12.3 Election; Compensation.

[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.

§ 2-12.4 Enforcement of Shade Tree Regulations.

[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.

§ 2-13 WEST LONG BRANCH EMERGENCY MEDICAL SERVICES, INC.

[Amended 3-21-2018 by Ord. No. O-18-2]

§ 2-13.1 Preamble.

[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.

§ 2-13.2 Established.

[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.

§ 2-13.3 Supervision and Reports.

[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.

§ 2-13.4 Membership. [1]

[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.

Editor's Note: For disclosure information for applicant see Subsection 2-9.3A. For incentives for volunteer First Aid Squad members see Sections 2-19 and 2-19A. See also Section 2-22, Fingerprinting Procedures for Borough Employees and Volunteers.

§ 2-13.5 Officers.

[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.

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.

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).

§ 2-13.6 Elected Members Confirmed by Mayor and Council.

[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.

§ 2-13.7 (Reserved) [1]

Editor's Note: Former subsection 2-13.7, Resignation, previously codified herein and containing portions of Ordinance No. 183, was repealed in its entirety by Ordinance No. 0-94-18.

§ 2-13.8 Captain's Report.

[Ord. #183, S 7; Ord. #395, S 6; Ord. #0-94-18]

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.

§ 2-13.9 Chain of Command.

[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.

§ 2-13.10 Bylaws.

[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.

§ 2-13.11 The Apparatus; Duty of the Captain.

[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.

§ 2-13.12 Repairing or Tampering with Apparatus Restricted.

[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.

§ 2-13.13 Repairs and Supplies; Procedures.

[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.

§ 2-13.14 Dissolution.

[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 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.

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.

§ 2-13.15 Return of Equipment; Penalty.

[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.

§ 2-13.16 Power to Suspend Any Member.

[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.

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.

The Board of Appeals shall set forth honest and reasonable decisions on suspensions, which decisions will be voted upon and must be by majority.

The Board of Appeals, with the approval of the Mayor and Council, may retain the Borough Attorney to mediate legal matters.

§ 2-13.17 Penalty.

[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.

§ 2-13.18 Reporting of Violations.

[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.

§ 2-13.19 Permission of Captain for Apparatus to Leave Borough.

[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.

§ 2-13.20 Interference with First Aid Apparatus Prohibited.

[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.

§ 2-13.21 West Long Branch Emergency Medical Services, Inc., Drivers.

[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.

§ 2-13.22 Assistance from Out-of-Town First Aid Squads.

[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.

§ 2-14 PAYMENT OF CLAIMS.

§ 2-14.1 Presentation of Claim.

[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.

§ 2-14.2 Certified Signature Required.

[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.

§ 2-14.3 Filing of Claims.

[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.

§ 2-14.4 Review by Finance Committee.

[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.

§ 2-14.5 Approval; Rejected Claims.

[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.

§ 2-14.6 Presentation of Claims List at Borough Council Meeting.

[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.

§ 2-14.7 Duty of Borough Clerk.

[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.

§ 2-14.8 Treasurer to Prepare for Payment.

[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.

§ 2-14.9 Reimbursement for Traveling Expenses.

[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.

§ 2-15 FEES.

§ 2-15.1 Established.

(Reserved)

§ 2-15.2 Exemption from the Payment of Fees by Certain Non-Profit Organizations on Planning and Zoning Matters.

[Ord. #429, S 1-3]

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.

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.

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.

The decision of the Borough Council on any application for exemption or waiver shall be final, and there shall be no right of appeal.

§ 2-15.3 Official Searches for Improvements Authorized but Not Assessed.

[Ord. #552, SS 1, 2]

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.

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.

§ 2-15.4 Marriage and Civil Union Licenses, Birth and Death Certificates.

[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.

§ 2-15.5 Charge for Returned Checks.

[Ord. # O-96-5, SS 1-4]

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.

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.

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.

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.

§ 2-15.6 Copying Charges for Public Records.

[Ord. #O-03-10, SS 1-4]

Request Form. Any person or entity requesting copies of public records shall complete the Borough-approved request form.

Fees. The following rates shall be charged for persons or entities seeking photocopies of municipal records:

$.75 per page for the first 10 pages.

$.50 per page for the 11th through 20th pages.

$.25 per page for each page over 20 in number.

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.

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.

§ 2-16 RESIDENCY REQUIREMENTS.

[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.

§ 2-17 BOARD OF HEALTH.

§ 2-17.1 Establishment.

[Ord. #0-97-14, S 1]

There is hereby created and continued a Board of Health in the Borough of West Long Branch.

§ 2-17.2 Members and Terms.

[Ord. #0-97-14, S 2]

The Board of Health shall be composed of seven members, each serving a term of three years.

§ 2-17.3 Filling of Vacancies.

[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.

§ 2-17.4 Compensation.

[Ord. #0-97-14, S 4]

The members of the Board of Health shall receive no compensation for their services.

§ 2-17.5 Continuation of Existing Terms.

[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.

§ 2-17.6 Staggering of Terms.

[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.

§ 2-17.7 New Members.

[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.

§ 2-17.8 Appointment of Members.

[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.

§ 2-18 COMMUNICATIONS COORDINATOR.

§ 2-18.1 Establishment.

[Ord. #0-97-15, S 1]

There is hereby created the position of Communications Coordinator in the Borough of West Long Branch.

§ 2-18.2 Appointment.

[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.

§ 2-18.3 Filling of Vacancy.

[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.

§ 2-18.4 Compensation.

[Ord. #0-97-15, S 4]

The Communications Coordinator shall receive no compensation.

§ 2-18.5 Duties.

[Ord. #0-97-15, S 5]

The duties of the Communications Coordinator are as follows:

Oversee radio purchases and installations of Police, Fire, First Aid, Public Works, Emergency Management, and any other department requiring the need for communications.

Maintain inventory of radio equipment for the departments listed in paragraph a.

Coordinate radio communications between the departments listed in paragraph a.

§ 2-19 CERTAIN INCENTIVES FOR ACTIVE VOLUNTEER FIRST AID AND FIRE COMPANY MEMBERS.

§ 2-19.1 Definitions.

[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]

§ 2-19.2 Incentives.

[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:

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.

Exemption from the following licensing fees charged and retained by the Borough, or that portion which would otherwise be retained by the Borough:

Marriage licenses;

Dog licenses;

Garage sales;

Bulk variance, not use variance, fees charged by the Zoning or Planning Boards;

Landscaper licenses.

§ 2-19.3 Administration.

[Ord. #0-97-1, S 3]

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.

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.

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.

§ 2-19.4 Exclusions.

[Ord. #0-97-1, S 4]

No exemption shall be allowed for the following fees:

Fees, licenses and permits associated with any for-profit activity;

Fees and escrows required by the Planning or Zoning Boards in connection with any use variance, site plan, or subdivision application;

Fees or escrows associated with engineering inspections;

Performance guarantees;

Taxes;

Any item not specifically listed in Subsection 2-19.2.

§ 2-19A LENGTH OF SERVICE AWARDS PROGRAM (LOSAP).

§ 2-19A.1 Purpose.

[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.

§ 2-19A.2 Contribution by Borough.

[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:

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.

Benefits will only accrue to those members who are active volunteers.

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.

§ 2-19A.3 Criteria.

[Ord. #O-04-15, S 3]

The LOSAP shall provide for annual contributions to each eligible active volunteer member who meets the criteria below:

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[1].

[Amended 3-21-2018 by Ord. No. O-18-2]

Editor's Note: The schedules referred to herein are included as attachments to this chapter.

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]

Benefits will only accrue to those members who are active volunteers.

§ 2-19A.4 Persons Ineligible for Program.

[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.

§ 2-19A.5 Fixed Contribution Established.

[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.

§ 2-19A.6 Contributions Will Not Be Made for Year 2004 or Prior Service.

[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.

§ 2-19A.7 Personal or Third-Party Contributions Prohibited.

[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.

§ 2-19A.8 Estimated Cost to Borough.

[Ord. #O-04-15, S 8]

The estimated cost of the West Long Branch LOSAP program has been calculated as follows:

For annual contributions to active volunteer Fire Department members: $63,250.00 (55 eligible volunteers @ $1,150.00 each).

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]

§ 2-19A.9 Effective Date.

[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.[1]

MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE

Editor's Note: This section was approved by the voters at the election of November 2, 2004.

§ 2-20 PUBLIC DEFENDER.

§ 2-20.1 Position Established.

[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.

§ 2-20.2 Appointment.

[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.

§ 2-20.3 Term; Vacancy.

[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.

§ 2-20.4 Compensation.

[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.

§ 2-20.5 Duties.

[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.

§ 2-20.6 Fee for Application for Representation.

[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.

§ 2-20.7 Disposition of Funds.

[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.

§ 2-20.8 Failure to Pay Fee Deemed Contempt of Court.

[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.

§ 2-20.9 Representation for Appeals Not Authorized.

[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.

§ 2-21 POLITICAL FUNDRAISING ON OR BY USE OF PUBLIC PROPERTY PROHIBITED.

§ 2-21.1 Short Title.

[Ord. #O-00-2, S 1]

An ordinance banning the use of government buildings and government equipment for political fundraising.

§ 2-21.2 Purpose.

[Ord. #O-00-2, S 2]

Political contributions have a profound impact on government decision making.

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.

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.

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.

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.

§ 2-21.3 Definitions.

[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.

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.

§ 2-21.4 General Regulations.

[Ord. #O-00-2, S 4]

Prohibition Against Soliciting or Accepting Political Contributions on Public Property.

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.

Prohibited Forms of Fundraising.

Prohibited forms of fundraising shall include but are not limited to:

Soliciting or accepting contributions using municipal telephones, fax machines, or computers.

Soliciting or accepting contributions using personal telephones while on the property of the municipality.

Soliciting or accepting contributions through the use of publicly-owned computers or privately-owned personal computers while on the property of the municipality.

Using municipal letterhead to solicit or accept contributions.

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.

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.

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.

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.

§ 2-22 FINGERPRINTING PROCEDURES FOR BOROUGH EMPLOYEES AND VOLUNTEERS.

§ 2-22.1 Purpose.

[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.

§ 2-22.2 Procedure for Volunteers.

[Ord. #O-04-10, S 2]

The fingerprinting procedure for volunteers shall be as follows:

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]

The Borough Clerk will retain the original application and forward a copy to the West Long Branch Chief of Police.

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.

The Chief of Police will forward the fingerprints to the New Jersey State Police for a criminal records check.

The criminal records check response will then be returned to the Chief of Police by the State Police.

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.

§ 2-22.3 Procedure for Paid Employees.

[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:

The applicant will be directed to the Police Department to have the applicant's fingerprints taken.

The Borough Clerk will forward a copy of any application completed by the applicant to the Police Chief.

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.

After the fingerprints have been obtained, the Police Chief will requisition a check from the CFO/Treasurer.

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.

The criminal records check response will then be returned to the Chief of Police by the State Police.

§ 2-22.4 Applicability of Section.

[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.

§ 2-22.5 Fingerprint Waiver and Authorization Forms.

[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.

§ 2-22.6 Form of Waiver.

[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.[1]

Editor's Note: The form of waiver referred to herein, may be found in the Borough Offices.

§ 2-23 MUNICIPAL OFFICERS OR EMPLOYEES CALLED TO ACTIVE DUTY BY NATIONAL GUARD OR MILITARY RESERVES.

§ 2-23.1 Purpose.

[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.

§ 2-23.2 Definitions.

[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.

§ 2-23.3 General Provisions.

[Ord. #O-04-17, S 3]

Borough Officers or Employees Who Are Members of the National Guard.

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.

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.

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.

Borough Officers or Employees Who Are Reservists.

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.

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.

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.

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.

§ 2-23.4 Employee's Option.

[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.

§ 2-23.5 Computation of Pay Differential.

[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.

§ 2-24 FAIR AND OPEN PROCESS FOR AWARDING CERTAIN CONTRACTS.

§ 2-24.1 Applicable Contracts.

[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.

§ 2-24.2 Advertisement.

[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.

§ 2-24.3 Web Page.

[Ord. #O-06-9, S 3]

A similar notice shall be placed on the Borough's web page.

§ 2-24.4 Timing for Advertisement.

[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.

§ 2-24.5 Applicability.

[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:

Municipal Attorney;

Municipal Prosecutor;

Zoning Board of Adjustment Attorney;

Planning Board Attorney;

Borough Engineer;

Borough Auditor;

Borough Appraiser/Tax Consultant;

Bond Counsel.

§ 2-24.6 Exemptions.

[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.

§ 2-24.7 Criteria for Awarding of Contracts.

[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:

Knowledge of area of expertise;

Experience in West Long Branch and similar communities;

Resume of the contractor and his/her/its support staff;

Size of the contractor's business, and its capabilities;

References, including any from other municipalities where the contractor has performed similar services;

Street location of the contractor's office.

§ 2-24.8 Other Contract Criteria.

[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.

§ 2-24.9 Award Based on Criteria.

[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.

§ 2-24.10 Announcement of Bidders and 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.

§ 2-24.11 Public Opening of R.F.P.'s.

[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.

§ 2-24.12 Extension of State Law.

[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.

§ 2-25 BOARD OF RECREATION COMMISSIONERS. [1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. O-15-13.

§ 2-25.1 Creation of Board of Recreation Commissioners.

[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.

§ 2-25.2 Terms.

[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.

§ 2-25.3 Requirements for Membership.

[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.

§ 2-25.4 Appointment of Chair.

[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.

§ 2-25.5 Vacancies.

[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.

§ 2-25.6 Alternates.

[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."

§ 2-25.7 Term of Alternates.

[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.

§ 2-25.8 Participation by Alternate Members.

[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.

§ 2-25.9 Vacancies in Alternate Member Positions.

[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.

§ 2-25.10 Compensation.

[Ord. #O-07-5, S 10]

No compensation shall be paid to any Commission member, whether a regular member or alternate member.

§ 2-25.11 Removal.

[Ord. #O-07-5, S 11]

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.

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.

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.

§ 2-25.12 Conflicts.

[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.

§ 2-25.13 Powers and Duties of Commission.

[Ord. #O-07-5, S 13]

The Commission shall have the following powers and duties:

To make recommendations to the Governing Body regarding park and recreation land acquisition and dedications, prior to the Borough acquiring property.

To oversee, as representatives of the Governing Body, all property which has been set aside for park purposes.

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.

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.

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.

To issue proclamations in recognition of support and/or in honor of outstanding achievements relating to parks and recreation.

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.

To review and make recommendations to the Governing Body regarding all landscape and architectural plans for park and recreational facilities.

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.

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.

To review grants, facility developments and designs, and recreation programs.

To advise the Governing Body on the subject of recreation and facility master planning and development.

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.

To support and facilitate joint cooperation with local school districts, community athletic associations and other community organizations.

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.

§ 2-25.14 Appropriations.

[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.

§ 2-25.15 Records and Annual Reports.

[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.

§ 2-26 DIRECTOR OF PUBLIC WORKS.

§ 2-26.1 Creation of Position.

[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.

§ 2-26.2 Tenure.

[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.

§ 2-26.3 Removal.

[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.

§ 2-26.4 Compensation.

[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.

§ 2-26.5 Deputy Director of Public Works Position Created.

[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.

§ 2-26.6 Appointment of Deputy Director of Public Works.

[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.

§ 2-26.7 Removal of Deputy Director of Public Works.

[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.

§ 2-26.8 Compensation of Deputy Director of Public Works.

[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.

§ 2-26.9 Duties of the Deputy Director of Public Works.

[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.

§ 2-27 DEFINED CONTRIBUTION RETIREMENT PROGRAM.

§ 2-27.1 Eligible Positions.

[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:

Any newly-appointed Municipal Prosecutor (not the incumbent);

Any newly-appointed Municipal Court judge (not the incumbent).

§ 2-27.2 Exempt Positions.

[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:

Tax Collector;

Chief Financial Officer;

Construction Official;

Tax Assessor;

Municipal Clerk;

Director of Public Works;

Administrator.

§ 2-27.3 Additional Exempt Positions.

[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.

§ 2-27.4 Implementation of Program.

[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.

§ 2-28 TORT CLAIM FORM.

§ 2-28.1 Purpose.

[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.

§ 2-28.2 Adoption of Tort Claim Form; Completion of Form Required.

[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.

§ 2-28.3 Tort Claim Form. [1]

MUNICIPAL HOUSING LIAISON

The Tort Claim Form is included as an attachment to this chapter.

§ 2-29 MUNICIPAL HOUSING LIAISON.

§ 2-29.1 Purpose.

[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.

§ 2-29.2 Definitions.

[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.

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.

§ 2-29.3 Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.

[Ord. #O-10-5, § 3]

There is hereby established the position of Municipal Housing Liaison for the Borough of West Long Branch.

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.

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:

Serving as West Long Branch's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;

Monitoring the status of all restricted units in West Long Branch's Fair Share Plan;

Compiling, verifying, and submitting annual reports as required by the court or COAH, as applicable;

Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;

Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and

Providing annual reports to COAH as required.

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.

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.

§ 2-29.4 Establishment of Municipal Affordable Housing Administrator.

[Ord. #O-10-5, § 4]

There is hereby established the position of West Long Branch Affordable Housing Administrator, who is also referred to as the Administrative Agent.

Administrative powers and duties assigned to the Affordable Housing Administrator:

Affirmative Marketing.

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

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.

Household Certification.

Soliciting, scheduling, conducting and following up on interviews with interested households;

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;

Providing written notification to each applicant as to the determination of eligibility or noneligibility;

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.;

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.

Affordability Controls:

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;

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;

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;

Communicating with lenders regarding foreclosures; and

Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

Resale and Rental.

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

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.

Processing Request from Unit Owners:

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;

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

Processing requests and making determinations on requests by owners of restricted units for hardship waivers.

Enforcement:

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;

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;

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;

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;