Township of Tabernacle, NJ
Burlington County
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Table of Contents
Table of Contents
[The form of government in the Township of Tabernacle is the Township Form which comprises Chapter 142 to 156A in Title 40 of the New Jersey Revised Statutes. The Administrative Code has been drafted in conformity with the township law and in many instances, provisions of the township law have been restated in the code. Other enabling laws pertaining to the Administrative Chapter are R.S.40:47-1, et seq., Police and Fire Departments; N.J.S.A. 2A:8-1 et seq., Municipal Court; N.J.S.A. 40:55D-69, Zoning Board of Adjustment; N.J.S.A. 40:55D-1, Planning Board; N.J.S.A. 26:3-1, e seq., Board of Health; N.J.S.A. 40:48-1, Industrial Commission; N.J.S.A. 40:12-1, Recreation Committee; Environmental Commission, N.J.S.A. 40:48-2 and 40:55D-27. Other authority to regulate the internal affairs of the Township is contained in N.J.S.A. 40:48-2.]
[Ord. No. 1998-9]
All legislative power of the Township, except as provided by law, shall be exercised by the Township Committee pursuant to law, and in matters of health by the Board of Health.
[Ord. No. 1998-9]
The Township Committee shall organize annually during the first week in January, at which time it shall elect a Mayor from among its members. The Mayor shall preside at meetings of the Township Committee and perform such other duties as the Township Committee may prescribe. In the absence or disability of the Mayor, the Deputy Mayor shall act as Mayor.
[Ord. No. 1998-9]
The Mayor shall have the power to appoint subcommittees of the Township Committee with the consent of the Township Committee. He shall sign and execute documents and agreements on behalf of the Township, when authorized. He shall have the power to make proclamations considering holidays, and events of interest in the Township. He shall exercise the ceremonial power of the Township and every other power usually exercised by township mayors or conferred upon him by law.
[Ord. No. 1998-9]
a. 
Regular Meetings. The Township Committee shall meet at such times and places as are from time to time, determined by the Township Committee all in accordance with the requirements of the Open Public Meetings Act.
b. 
Special Meetings. A special meeting may be called at any time upon oral request of a majority of the members of the Township Committee or by the Mayor. The request and call for a special meeting shall specify the purpose of the meeting and no business shall be transacted at any special meeting other than that specified. The call for a special meeting shall be filed with the Township Clerk and shall be served upon each Committee member as provided by law and such other notice shall be given as provided by law.
[Ord. No. 1998-9]
Matters of procedure not covered in this Code or statute shall be governed by the By-Laws of the Committee as the same have been adopted or modified by resolution.
[Ord. No. 1998-9]
A majority of the whole number of members of the Township Committee shall constitute a quorum, and no ordinance shall be adopted by the Township Committee without the affirmative vote of a majority of the quorum of the Committee. If quorum is not present one-half hour after the appointed time for any meeting, the presiding officer or the Township Clerk may declare the meeting adjourned.
[Ord. No. 1998-9]
The Township Committee shall elect, from among its members, a Deputy Mayor. In the absence or disability of the Mayor, the Deputy Mayor shall have all of the powers and duties of the Mayor.
[Ord. 1983-6, § 1]
The office of Township Administrator for the Township of Tabernacle is hereby created pursuant to N.J.S.A. 40A:9-136 et seq.
[Ord. #1983-6, § 2]
a. 
The Administrator shall be appointed by the Township Committee, pursuant to N.J.S.A. 40A:9-137.
b. 
The Administrator shall serve at the pleasure of the Committee; provided; that he may be removed at any time by a 2/3 vote, on motion of any Committee person. The resolution of removal shall become effective three months after its adoption, unless it is given immediate effect. In that case, the Committee shall cause to be paid to the Administrator forthwith, any unpaid balance of his salary and his salary for the next three calendar months following adoption of the resolution.
c. 
The Administrator may designate an Acting Administrator to perform the duties of the office during his absence or disability of less than 30 days. Should he not do so, the Committee shall make the appointment.
d. 
On removal or resignation of the Administrator, the Committee shall appoint an Acting Administrator to serve for 90 days or until an Administrator is appointed pursuant to a above whichever is sooner.
[Ord. #1983-6, § 3]
a. 
The Administrator shall be paid a salary fixed and adopted by the Committee in the annual Salary Ordinance. He shall receive no additional compensation for other positions whose titles he may hold, but shall be reimbursed for all necessary expenses incurred in the performance of his office.
b. 
Unless otherwise provided no Acting Administrator shall be paid more than his regular salary while serving in that capacity, but he shall be reimbursed for all necessary expenses incurred in the performance of his office. If the Committee by resolution increases the compensation of the Acting Administrator during his tenure, such increased compensation shall not exceed the minimum established in the Salary Ordinance for the position of Administrator.
[Ord. #1983-6, § 4]
a. 
The Administrator shall be appointed on the basis of his executive and administrative qualifications. Previous responsible, successful experience in local government and possession of a degree in public administration and municipal management shall be preferred.
b. 
The Administrator need not be a resident of the Township or the State at the time of his appointment, but may thereafter reside outside the Township only with approval of the Committee.
[Ord. #1983-6, § 5]
a. 
The Administrator shall be the Chief Administrative Officer of the Township, responsible to the Committee for the administration of all Township affairs and with the following powers and duties. He shall:
1. 
Direct and supervise the administration of all departments, offices and agencies of the Township, except as otherwise provided by law.
2. 
Recommend to the Committee the appointment and, when necessary for the good of the service, suspension or removal of department heads and all other employees except the Township Clerk, Deputy Clerk, the attorney and personnel appointed by them.
3. 
Develop and administer a comprehensive personnel program when approved by the Committee.
4. 
Attend all meetings of the Committee with the right to take part in discussion but not to vote.
5. 
See that all laws, and all acts of the Committee subject to enforcement by him or by officers and employees subject to his direction and supervision are faithfully executed.
6. 
Assist in the preparation of the annual budget and capital program and make appropriate recommendations to the Township Committee.
7. 
Submit to the Committee and make available to the public a complete report on administrative activities of the Township as of the end of each fiscal year.
8. 
Make such other reports as the Committee may require concerning the operation of the Township.
9. 
Keep the Committee fully advised as to the current and future needs of the Township and make such recommendations concerning the affairs of the Township as he deems advisable.
10. 
Perform such other duties as may be required by the Township Committee and perform those duties set forth in the job description established for the Township Administrator position, which may be modified from time to time by resolution of the Township Committee.
b. 
Except for the purpose of inquiry, the Committee and its members shall deal with the administrative staff only through the Administrator, and shall not give orders or direction to any Township employee except through him.
[Ord. #1974-2, § 1]
There is hereby created the office of Municipal Prosecutor in accordance with the provisions of N.J.S.A. 2B:12-17.
[Ord. #1974-2, § 2]
The Municipal Prosecutor shall attend Sessions of the Municipal Court and prosecute all cases as required including assistance in preparation of Complaints and defending Appeals from the Municipal Court.
[Ord. #1974-2, § 3]
As full compensation for his services the Municipal Prosecutor shall receive the sum as established in the Salary Ordinance.
[Ord. #1979-1, § 1]
There is hereby created the position of Clerical Assistant.
[Ord. #1979-1, § 2]
The Clerical Assistant shall be appointed by the Township Administrator without term and, subject to any tenure acts of the State of New Jersey, shall be removable at the pleasure of the Administrator with or without notice or hearing.
[Ord. #1979-1, § 3]
The Clerical Assistant shall have the duty to assist the Administrator, Township Clerk, the Tax Collector and such other municipal officials as the Township Administrator may designate by doing such necessary clerical work such as typing, filing, correspondence, assisting in maintaining records and general secretary and clerical work as may be assigned to him by the Administrator, Township Clerk, Tax Collector and other officials authorized to use his services by the Township Administrator but subject to the supervision of the Township Administrator. The Clerical Assistant shall possess the requisite skills to perform such work and shall work such hours as the Administrator shall direct.
[Ord. #1979-1, § 4]
The Clerical Assistant shall receive a full compensation such sum as shall be fixed by any salary ordinance of the Township.
[Ord. #29, § 1]
A Municipal Court is established pursuant to Chapter 264, Laws of 1948, as amended by Chapter 394, Laws of 1948, of the State of New Jersey, which court shall be known as "Municipal Court of the Township of Tabernacle," and the Judge of the Court shall be known as the Municipal Judge.
[Ord. #29, § 2]
The Court shall have, possess and exercise all the functions, powers, duties and jurisdiction of a municipal court as prescribed by said Chapter 264, Laws of 1948, as amended, or as may hereafter be prescribed by law.
[Ord. #29, § 3]
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
[Ord. #29, § 4]
The Municipal Judge shall have the qualifications required by law, shall be appointed by the Township Committee, shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
[Ord. #29, § 5]
The Municipal Judge shall receive an annual salary as established in the Salary Ordinance, to be paid in the same manner as the salaries of other municipal officers are paid, which salary shall be in lieu of fees, costs and any other allowances whatsoever.
The costs and fees charged against defendants, when collected, shall become municipal funds and shall be turned over to the custodian of the funds of the Township.
[Ord. #29, § 7]
The Municipal Court shall be held in the place designated from time to time by the Township Committee by resolution and the Municipal Judge shall sit during such hours and at such times as the business of the Courts may require, subject to the rules applicable to Municipal courts.
[Ord. #2005-1, §§ 1—5]
a. 
Creation of Office and Title. There is hereby created the position of Sound Recorder for the Municipal Court.
b. 
Appointment. The Sound Recorder shall be appointed by the Township Committee upon the recommendation of the Township Administrator without term and subject to any tenure acts of the State of New Jersey, shall be removable at the pleasure of the Administrator or Committee with or without notice or hearing.
c. 
Duties and Responsibilities. The Sound Recorder shall have the duties of assisting the Municipal Court Administrator, being responsible for tape-recording all aspects of a court session. An accurate log of all proceedings must be kept, noting the names of defendants and their plea, attorneys, witnesses, troopers and any other involved persons.
d. 
Compensation. The Sound Recorder shall be paid a salary fixed and adopted by the Township Committee in the annual Salary Ordinance.
e. 
Qualifications and Residence.
1. 
The Sound Recorder shall be appointed on the basis of his/her qualifications. Previous responsible, successful experience in local government and possession of a high school diploma or equivalent required.
2. 
The Sound Recorder need not be a resident of the Township or the State at the time of his or her appointment.
[Ord. #1980-2]
The New Jersey State Police are designated to provide the necessary police protection to the citizens of the Township of Tabernacle.
[Ord. No. 2017-9 § 1]
a. 
Established. There shall be a Department of Public Safety in and for the Township. The Department of Public Safety shall include the Division of Fire, the Division of Emergency Medical and Rescue Services and the Division of Emergency Management.
b. 
Public Safety Director.
1. 
The head of the Department of Public Safety shall be the Public Safety Director who shall be appointed by the Township Committee and serve at the pleasure of the Township Committee. The Public Safety Director shall be responsible for the organizational and administrative control of the Department of Public Safety and all of its Divisions.
2. 
The Public Safety Director shall be responsible for coordination between the Township and the New Jersey State Police for the provision of police services.
3. 
All candidates for the position of Public Safety Director shall possess and satisfy training and experience qualifications for the duties of his/her office, as determined, from time to time, by the Township Committee.
4. 
The Public Safety Director shall be responsible for providing the Township Committee with quarterly status reports.
5. 
The Public Safety Director shall be a civilian position and is not responsible for any tactical (day-to-day) control of any division of the Department of Public Safety.
6. 
The Public Safety Director shall be responsible for the dedication and effective, proficient and efficient utilization of all emergency assets, resources and equipment in the Township of Tabernacle.
7. 
The Public Safety Director is not authorized to supervise, manage or direct the actual delivery of emergency services during an emergency response by any division of the Department of Public Safety.
8. 
The Public Safety Director, subject to the approval of the Township Committee, shall promulgate and from time to time revise and enforce rules and regulations for the control, disposition and discipline of the officers, employees and volunteers of the various volunteer companies delivering firefighting and emergency services in the Township and for their training and efficiency and for the use and care of Township equipment, Township apparatus and Township property real and otherwise.
9. 
The Public Safety Director shall be a paid position. The salary for the position of Public Safety Director shall be set forth in the Township's annual Salary Ordinance.
[Ord. No. 2017-9 § 2]
a. 
Head of Division. The Division of Fire shall be headed by the Chief of the volunteer firefighting company providing services in the Township. The Chief shall report to and be responsible to the Public Safety Director. The Chief shall come from the volunteer staff and be selected by the volunteer firefighting company's members in accordance with the by-laws of the volunteer fire company.
b. 
Fire Protection Services. Fire-protection services shall be provided in accordance with applicable law and pursuant to a contract between the parties as modified from time to time.
c. 
Duties; Members. The objective of any fire company delivering firefighting services in the Township is the protection and preservation of life and property. The age of active members hereafter joining any fire company operating in the Township shall be above the age of 18 except for junior members who shall not be deemed fully active members but shall serve at the discretion and direction of the chief of the fire company. The Public Safety Director shall have the right to require a doctor's certificate from any current or prospective member at any time as to their physical fitness and ability to fulfill firefighting service responsibilities. Further, all members must comply with any and all federal, state or other rules and regulations pertaining to firefighting service qualifications for membership.
Members, volunteers and employees may not use any tobacco products while on duty or at any time when in Township vehicles, public buildings or during training. "Tobacco product" means smoking and smokeless tobacco.
[Ord. No. 2017-9 § 3]
a. 
Head of Division. The Division of Emergency Services shall be headed by the Chief of the volunteer company providing emergency medical services in the Township. The Chief shall report to and be responsible to the Public Safety Director. Emergency and rescue services shall be provided in accordance with applicable law and pursuant to a contract between the parties as modified from time to time.
b. 
Members.
1. 
In addition to such other qualifications as heretofore established by ordinance or by general law, all members of the emergency squads and rescue services providing emergency services in the Township shall be limited to those individuals who meet and maintain those qualifications to provide prehospital emergency care and/or rescue services as established by ordinance or by general law.
2. 
The objective of any squad delivering emergency services in the Township is the protection and preservation of life through providing emergency medical and rescue services. The age of active members hereafter joining the squad shall be above the age of 18 except for junior members who shall not be deemed fully active members but shall serve at the discretion and direction of the chief of the volunteer emergency squad. The Public Safety Director shall have the right to require a doctor's certificate from any current or prospective member at any time as to their physical fitness and ability to fulfill emergency medical service responsibilities. Further, all members must comply with any and all federal, state or other rules and regulations pertaining to technical emergency medical service qualifications for membership.
3. 
Members, volunteers and employees may not use any tobacco products while on duty or at any time when in Township vehicles, public buildings or during training. "Tobacco product" means smoking and smokeless tobacco.
[Ord. No. 2019-9 § 4]
a. 
Created; Director of Emergency Management. Within the Department of Public Safety there shall be a Division of Civil Defense, known as the "Office of Emergency Management," the head of which shall be the Director of Emergency Management, who shall be appointed by the Township Committee from among the residents of the municipality, pursuant to N.J.S.A. App. A:9-40.1. The Office of Emergency Management and the Director of Emergency Management shall perform all of the functions, powers and duties prescribed by general law, executive order, ordinance or resolution. The Director of Emergency Management shall provide a written report to the Public Safety Director on a quarterly basis.
b. 
Community Emergency Response Team (CERT). Within the Office of Emergency Management, there shall be a volunteer Community Emergency Response Team (CERT) consisting of citizens who have completed basic CERT training as recommended by the Federal Emergency Management Agency to be appointed by the Public Safety Director. All individuals seeking to volunteer for the Team shall be required to submit to a mandatory background check. The objective of the Team is to train community members to be able to support emergency services personnel during disasters, emergency events, and special community events. Members of the Team must be 18 years of age or older. Three Team leaders shall be chosen from its members and shall report to the Director of Emergency Management or his designee.
[Ord. No. 2019-9 § 5]
The Tabernacle Township Department of Public Safety, in order to support the provision of emergency services and the volunteer companies serving the Township, may bill for ambulance, transportation, fire, rescue, response and other services provided by the emergency service entities operating within the Township in accordance with all applicable State and Federal law and regulation. The rates of such services shall be determined and modified from time to time by the Public Safety Director. These charges shall be billed to the insurance company of the resident or party receiving assistance from the Department of Public Safety. The Public Safety Director shall administrate and ensure the accurate and timely billing for services by the Department.
The Public Safety Director may also act as the Director of Emergency Management and in such case shall provide a written report to the Township Committee on a quarterly basis.
Unless otherwise required by law and then in accordance with all applicable Federal and State regulation, Tabernacle Township, in the case of the Public Safety Director, and the various volunteer companies delivering firefighting and emergency services in the Township, in the case of volunteers, shall conduct a background check on any applicant once an applicant's credentials have been reviewed, it has been determined that the applicant is otherwise qualified for a position, and the applicant has been recommended for hire or membership.
[Ord. #2011-3]
Tabernacle Rescue Squad, Inc. is hereby designated, endorsed and authorized as the official emergency medical and rescue service for the Township of Tabernacle, County of Burlington, and State of New Jersey.
[Ord. No. 2015-11]
a. 
Tabernacle Fire Company No. 1 is hereby designated, endorsed and authorized as the official firefighting company for the Township of Tabernacle, County of Burlington, and State of New Jersey.
Such services shall be pursuant to a written contract as may be modified from time to time by the Fire Company and the Township pursuant to N.J.S.A. 40A:14-68.
b. 
The Agreement for the provision of Firefighting Services between Tabernacle Township and Tabernacle Fire Company No. 1 attached hereto as Exhibit "A" is hereby adopted as the initial contract for firefighting services.[1]
[1]
(Editor's Note: Exhibit "A" may be found on file in the Township offices.)
c. 
The Facility Use/Licensing Agreement attached hereto as Exhibit "B" is hereby adopted as the original use agreement by and between the Township of Tabernacle and the Tabernacle Fire Company No. 1 pursuant to N.J.S.A. 40A:12-14 for the occupancy of property located at Block 322, Lot 10, on the municipal tax map, and commonly referred to as the Tabernacle Fire Station Building located at 76 Hawkin Road, Tabernacle, NJ. [2]
[2]
(Editor's Note: Exhibit "B" may be found on file in the Township offices.)
d. 
The Mayor and Township Administrator are hereby directed and authorized to execute the Agreements to accomplish the above purpose.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1975-5 and 1985-4.
[Ord. #2001-9, §§ 1—13]
a. 
The Township recreation facilities are open for the recreational use of the general public on a first come first serve basis subject to the reasonable restrictions included herein.
b. 
All activities conducted at the facilities shall be conducted so as not to constitute a nuisance. No alcoholic beverages shall be sold or consumed on the premises.
c. 
The facilities shall not be used for any commercial business, trade, manufacturing, wholesaling, retailing or other commercial profit making enterprise, nor shall the facilities be used for any political, partisan, sectarian, denominational or religious purposes.
d. 
The Township Recreation Committee shall schedule the use of the facilities by any and all local athletic associations, persons both resident and nonresident or any organization desiring pre-scheduled use of the facilities giving priority to the Tabernacle Athletic Association and then to those associations and organizations providing programs for children and those associations and organizations made up primarily of Tabernacle Township residents.
e. 
The Recreation Committee may establish and publish rules and regulations covering the use of the facilities not inconsistent with the provisions herein and designed to effectuate the smooth administration of usage and to protect the facilities from damage or abuse and to promote the safety, welfare and health of the persons using the facilities.
f. 
The Township Recreation Committee shall insure that the facilities are at all times insured by adequate public liability insurance protecting the Township and the Township Committee. The Township may include medical insurance covering costs of medical treatment for members of those associations and organizations with pre-scheduled use of the facilities injured while participating in association or organization activities. The cost of such insurance shall be paid by the Township.
g. 
The Township shall be responsible for maintenance of the common areas, fences and bleachers and the irrigation and lighting systems and grass cutting. All field maintenance performed by others must be coordinated through and approved by the Township Recreation Committee. The Recreation Committee may recommend a maintenance agreement to be entered into between the Township and any athletic association or organization which supplements and/or amends the maintenance responsibilities included herein.
h. 
All associations or organizations utilizing the facilities through pre-scheduled usage as scheduled by the Town-ship Recreation Committee shall be responsible to pay directly to the utility all electric utility costs associated with their usage according to rules and regulations established by the Recreation Committee. The Township shall terminate use of the Township owned lighting system upon any failure to pay said costs.
i. 
All groups, persons or organizations using the facilities shall be responsible for any damage to the facilities caused by their members or guests and all users shall leave the facilities in good and clean condition.
j. 
The Recreation Committee shall provide the Township Committee annually with a report detailing the scheduled use of the facilities and identifying the volume of scheduled use, the person, persons, organizations and athletic associations using the facilities and the percent of Township residents included in those organizations and athletic associations.
k. 
No athletic association or organization shall be permitted to conduct regularly scheduled use of the facilities unless that organization recommends that its coaches, managers and officials complete a safety orientation and training skills program meeting the mini-mum standards established by the Governor's Council on physical fitness and sports in accordance with N.J.S.A. 52:14B-1 et seq.
l. 
Nothing herein shall be construed so as to restrict the unscheduled use of the facilities by members of the general public during daytime hours when the facility's use is not scheduled in accordance herewith.
m. 
The Township Committee shall annually appoint a Recreation Committee, the members of which shall hold office for terms of three years except that of the members first appointed, one shall be appointed for one year and one shall be appointed for two years and one shall be appointed for three years. The Recreation Committee shall have the responsibilities detailed herein and shall otherwise be charged with the promotion and coordination of recreation activities within the Township.
[Ord. #1989-2, § 1]
In accordance with the provisions of Chapter 110, Public Laws 1988 there is hereby created the position of Chief Financial Officer for the Township.
[Ord. #1989-2, § 2]
The Chief Financial Officer shall carry out the responsibilities set forth under P.L. 1947, c151 (N.J.S.A. 52:27BB-26 et seq.) with respect to fiscal administration in local government.
[Ord. #1995-9]
The Tax Assessor shall serve as the administration officer pursuant to N.J.S.A. 40:55D-12c in providing the certified list of names and addresses of property owners to whom notice of application should be given.
[Ord. #2003-7]
The Township Committee hereby creates the position of Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to inspect the condition of land and structures within the Township and to order the owner and/or occupant in writing to remedy any condition found to exist in violation of any provision of the Township's General Revised Ordinances.
Should any land structure or condition be found by the Code Enforcement Officer to exist in violation of any provision of the Revised General Ordinances of Tabernacle Township, that such facts shall be immediately orally communicated to the land owner and/or occupant and/or his or her appropriate representative on-site and thereafter shall be communicated by the Code Enforcement Officer in writing to the land owner and/or occupant and/or his attorney.
A copy of the written communication shall be immediately filed in the office of the Township Clerk.
[Ord. #1978-9]
Pursuant to statutory authority, N.J.S.A. 59:10-4, the Township does hereby authorize the indemnification of its present and former employees, appointees and officials in accordance with the indemnification provisions applicable by State statute (N.J.S.A. 59:10-1 et seq. as amended and supplemented) to all State employees.
[Ord. #1966-1, § 1]
Any person claiming payment from the Township shall present a detailed bill of demand pursuant to N.J.S.A. 40A:5-16, to the Treasurer, duly certified, or in the alternative, supported by an affidavit of the claimant.
[Ord. #1966-1, § 2]
It shall be the duty of the Treasurer to see that the signature of the officer or employee, who has been duly designated by the local unit to certify that the materials have been received by or the services rendered to the local unit, appears on every claim pursuant to N.J.S.A. 40A:5-16.
[Ord. #1966-1, § 3]
Claims shall be presented to the chairman of the committee or official 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 or official shall file the claims with the Treasurer who shall then secure the approval of the Mayor thereto and shall then present these claims to the Township Committee for formal approval at a regular meeting. Claims must be so presented to the Treasurer at least five days before the meeting at which they are to be approved.
[Ord. #1966-1, § 4]
Claims shall be considered by the Township Committee which shall approve the same, except that said Township Committee may reject any claim presented to it stating the reason for such rejection. Any disapproved claim shall be referred back to the Township Clerk with such instructions as the Township Committee may give at the time of disapproval.
[Ord. 1966-1, § 5]
It shall be the duty of the Treasurer to record all claims in the official minutes indicating that the Township Committee has by formal action approved the same with appropriate record as to any claims disapproved or rejected.
[Ord. #1966-1, § 6]
It shall be the duty of the Treasurer or such other officer designated by resolution of the Township Committee, to indicate on the claims that they have been approved for payment, with the date of approval thereof noted on the claim.
[Ord. #2011-2]
The Tabernacle Township Committee hereby creates the position of Deputy Clerk pursuant to N.J.S.A. 40A: 9-135.
[Ord. #2011-2]
It shall be the duty of the Deputy Clerk to perform all duties and functions of the Municipal Clerk during the absence or disability of the Municipal Clerk if the Township Committee has determined by resolution that the Township Clerk is temporarily or permanently incapacitated to perform such functions.
[Ord. #2011-2]
The Deputy Municipal Clerk shall be appointed by the Township Tabernacle Committee pursuant to N.J.S.A. 40A: 9-135.
[Ord. #2011-2]
The compensation of the Deputy Clerk shall be established by resolution of the governing body and in accordance with any then existing Municipal Salary Ordinance.
[Ord. #2011-2]
Minimal qualifications for the position Deputy Clerk shall be in accordance with any and all requirements existing under State law and any additional requirements as may be determined by the Tabernacle Township Committee.
[1]
Editor's Note: For similar provisions in the Zoning Chapter see § 17-30.
[Ord. #1981-9, Preamble]
Farming and related agricultural activities have long existed in the Township of Tabernacle; and the Township Committee is desirous of maintaining the unique farming and agricultural character of the community as the Township grows and develops. The Township Committee is of the opinion and the belief that farming and agricultural activities can coexist with other permitted uses and activities in the Township to the mutual satisfaction and enjoyment of all of the residents of the Township.
[Ord. #1981-9, §§ 1, 2]
a. 
The benefits of farming and agricultural activities within the Township are hereby recognized and approved.
b. 
It is further recognized that farming and agricultural activities include the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, farm laborers and the application of chemical fertilizers, insecticides and herbicides, all for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. It is also acknowledged that farming includes the use of land for grazing animals, subject to restrictions, concerning intensive fowl and/or livestock farms. The foregoing uses and activities related and inherent in farming and agriculture, when reasonable and necessary for the particular farming, livestock or fowl production, and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night and in the day, and the noise, odors, dust and fumes that are caused by them are specifically permitted as part of farming and agricultural activities. It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted, is only temporary and is more than offset by the benefits from farming to the neighborhood, the community, and society in general by the preservation of open space, the beauty of the countryside and clean air by the preservation and continuance of farming and agricultural operations in Tabernacle Township and in New Jersey as a course of agricultural products for this and future generations.
[Ord. #1978-3, §§ 1, 2]
a. 
Purpose. This subsection is being enacted pursuant to the Interlocal Services Act (N.J.S.A. 40:8A-1 et seq.) to authorize the County of Burlington to provide public health services of a technical and professional nature provided by the County Health Department, as agent of our municipal board of health in compliance with the Local Health Services Act, Chapter 329 P.L. 1974 (N.J.S.A. 26:3A-1 et seq.)
b. 
Authorization. This Township shall enter into a contract with the County of Burlington essentially providing that the County Health Department shall provide public health services which meet the standards of core and elective activities enumerated in "Standards of Performance," as promulgated by the Public Health Council of the State of New Jersey. The public health service activities are categorized under Administrative and Supporting Services, Environmental Health, Communicable Disease, Maternal and Child Health and Chronic Illness and are listed in said Agreement. The Mayor and Township Clerk are hereby authorized and directed to execute said Agreement on behalf of this Township.
[Ord. #1986-3, § 1; Ord. #1990-9]
a. 
Preamble. The County of Burlington has agreed to act as the Lead Agency for the conduct of certain functions relating to the purchase of work, materials and supplies for the participating jurisdictions within the County.
The Township Committee of the Township of Tabernacle believes it would be in the best interest of the Township and its inhabitants to participate in the Cooperative Pricing Programs.
b. 
Agreement Authorized. Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor and Township Clerk are hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency or any other contracting unit within the County of Burlington for the purchase of work, materials and supplies in accordance with the terms of the proposed contract on file in the office of the Township Clerk in the Municipal Building.
The Lead Agency entering into contracts on behalf of Tabernacle Township shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.
[Ord. #1991-5, § 1]
The map entitled "Road Map Tabernacle Township," dated December 1979, revised to October 17, 1989 prepared by Lord, Anderson, Worrel & Barnett of Burlington, New Jersey, as the same may be amended from time to time, shall be the official street map for the identification and location of all streets within the Township. A copy of said map shall be kept on file in the office of the Township Clerk.
[Ord. #1991-5, § 2; Ord. #2002-8, § 1]
Copies of the official street map shall be made available to those persons requesting a copy of the same at a cost as established in Schedule A[1] or such price as may hereafter be established by the Township Committee by resolution to cover the expense of reproducing the same and handling the distribution thereof.
[1]
Editor's Note: Schedule A, referred to herein is located in Appendix A, Fee Schedule.
[Ord. #1995-8, § I; Ord. #2002-8, § 1]
The Township Committee of the Township of Tabernacle, County of Burlington, State of New Jersey hereby establishes a fee as established in Schedule A[1] for the first duplicate bill requested for each Block and Lot in accordance with N.J.S.A. 54:4-64, P.L. 1990 Chapter 69.
[1]
Editor's Note: Schedule A, referred to herein is located in Appendix A, Fee Schedule.
[Ord. #2010-5]
The Township, except as otherwise provided by law or regulation, shall be entitled to charge and collect a fee for the reproduction of copies of public records embodied in the form of printed matter a fee of five ($.05) cents per page for standard letter size documents and seven ($.07) cents per page for standard legal size documents unless the Township can demonstrate that the actual cost for duplicating exceeds these rates in which case that actual cost may be charged. Actual cost shall be the cost of materials and supplies used to make the copies but shall not include the cost of labor and other overhead expenses. Nevertheless, in circumstances permitted by N.J.S.A. 47:1A-5c. a Special Service Charge may be assessed as provided for in the code. Access to electronic records and non-printed materials shall be provided free of charge but the Township shall charge the actual cost of any needed supplies such as computer disks. If applicable written police accident reports, which are requested other than in person, shall be charged an additional fee of $5 for administrative costs as permitted by N.J.S.A. 39:4-131.
[Ord. #1996-1, §§ 1—3]
a. 
Pursuant to the provisions of N.J.S.A. 40:52-1.2., as a condition for the issuance or renewal of any license or permit issued by, or requiring the approval of the Township Committee of the Township of Tabernacle, the applicant, if he is the owner thereof must have paid any and all property taxes or assessments due and owing on the property wherein the business or activity for which the license or permit is sought, or wherein the business or activity is to be conducted. Appropriate proof of payment must be provided before such license or permit shall be issued.
b. 
In the event that a license or permit has been issued, it shall be revoked or suspended when any licensee, who is an owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for the first two quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored for the balance of its term.
c. 
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the "Alcoholic Beverage Control Act." N.J.S.A. 33:1-1 et seq.
[Ord. #1998-1, § 1]
There is hereby created the position of Municipal Public Defender who shall be appointed by the Township Committee. The Township Committee may appoint a Municipal Public Defender and such Deputy Municipal Public Defenders as may be determined by the Township Committee to be necessary.
[Ord. #1998-1, § 2]
In accordance with the provisions of P.L. 1997, Chapter 256, the Municipal Public Defender and any Deputy Municipal Public Defenders shall be qualified as an attorney-at-law of the State of New Jersey in good standing and shall represent those defendants appearing in Municipal Court who are determined by the Court to be indigent and whose representation is assigned to the Township Public Defender by the Court.
[Ord. #1998-1, § 3]
The Municipal Public Defender or Deputy Municipal Public Defender shall be appointed for a term of one year from the date of appointment and may continue to serve in office pending re-appointment or appointment of a successor.
[Ord. #198-1, § 4]
The Municipal Public Defender or Deputy Municipal Public Defender shall be compensated in the manner established by ordinance.
[Ord. #1998-1, § 5]
The Municipal Public Defender shall have all of the duties provided by P.L. 1997, Chapter 256 in the representation of indigent defendants in proceedings over which the Tabernacle Municipal Court has jurisdiction and shall have authority over any Deputy Municipal Public Defenders that may be appointed by the Township Committee with respect to the performance of their duties.
[Ord. #1998-1, § 6]
The Deputy Municipal Public Defender, if one or more shall be appointed, shall serve in the absence or disqualification of the Municipal Public Defender or when assigned by the Municipal Public Defender.
[Ord. #1998-1, § 7]
The Municipal Public Defenders may represent private clients in the Municipal Court and before Township agencies, subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.
[Ord. #1998-1, § 8]
A person applying for representation by the Municipal Public Defender shall pay an application fee of $200. In accordance P.L. 1997, Ch. 256 and with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required 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 permit a person to pay the application fee over a specific period of time not to exceed four months.
[1]
Editor's Note: The application referred to herein may be found on file in the Municipal Court.
[Ord. #1998-1, § 9]
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection 2-22.10. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible the Municipal Court shall inform the defendant, and the defendant shall be obligated to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.
[Ord. #1998-1, § 10]
The Municipal Court shall make an investigation of the financial status of each defendant seeking representation and shall have the authority to require a defendant to execute and deliver written requests or authorizations required under applicable law to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluating eligibility. As provided by law, the Court is authorized to obtain information from any public record office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.
[Ord. 1998-1, § 11]
As provided by P.L. 1997, Ch. 256, whenever a person entitled to representation by a Municipal Public Defender pursuant to this act, is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians.
[Ord. #1998-1, § 12]
As provided by P.L. 1997, Ch. 256, if the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the Township and the Township shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this act as calculated at the same rate as the Office of the Public Defender bills clients at that time.
[Ord. 1998-1, § 13]
The Municipal Attorney may do all things necessary to collect any money due to the Township by way of reimbursement for services rendered by a Municipal Public Defender. The Municipal Attorney may enter into arrangements with any State or County agency to handle collections on a cost basis. The Municipal Attorney shall have all the remedies and proceedings available for collection which are available for or upon the recovery of a judgment in a civil action and shall also be permitted to collect counsel fees and costs from the defendant. The Municipal Attorney is authorized to compromise and settle any claim for services performed whenever the financial circumstances of the person receiving the services are such that, in the judgment of the municipal attorney, the best interest of the Township will be served by compromise and settlement.
[Ord. #1998-1, § 14]
Funds collected from the application fee shall be deposited in a dedicated fund administered by the chief financial officer of the Township. The funds shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender including, when required, expert and lay investigation and testimony.
[Ord. #1998-1, § 15]
The Township Committee shall appoint a Municipal Public Defender, as required by P.L. 1997, Ch. 256, not later than February 22, 1998. The application fee set forth in Subsection 2-22.8 above shall take effect as of February 22, 1998. In accordance with the provisions of P.L. 1997, Ch. 256, Section 6c, the Township shall not be required to pay for expert and lay investigation or testimony prior to February 22, 1999.
[Ord. #2005-17, A I]
It is the purpose of this section that, notwithstanding that professional services contracts are exempt from the competitive bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the Township Committee deems it appropriate, in order to avoid any perception that professional services contracts are awarded in consideration for, e.g., political contributions or other considerations, that it make clear that said contracts, consistent with the provisions of recently enacted New Jersey Legislation, shall henceforth be awarded through a competitive, quality and experience-based, fair and open process.
[Ord. #2005-17, A I]
No professional services contracts, as that term is used in the Local Public Contracts Law, shall be awarded after the date of the adoption of this section,[1] unless the following competitive, quality-based, fair and open process is followed:
a. 
Professional services shall be awarded by virtue of a combined publicly advertised Request for Qualifications ("RFQ") and Request for Proposals ("RFP") which will be issued as one document for those appointments which are made on an annual basis, such as, but not limited to, the positions of: Township Attorney, Township Engineer, Planning Board Attorney, Planning Board Engineer, Zoning Board Attorney, Zoning Board Engineer, Township Auditor and such similar statutory and/or ordinance public positions.
b. 
For said positions, no contract shall be awarded, unless and until the positions are:
1. 
Advertised in the official newspaper in sufficient time to give notice in advance of the solicitation for the contracts;
2. 
Awarded under a process that provides for public solicitation of proposals and qualifications;
3. 
Awarded and disclosed under criteria established in writing by the Township of Tabernacle prior to the solicitation of proposals or qualifications; and
4. 
Publicly announced when awarded, and as to those RFQ's and RFP's which do not receive response, the Municipal Clerk shall retain a copy of same on file for a period of not less than 60 days.
c. 
For contracts which arise on an occasional basis, such as appraisals needed for the acquisition of farmland and/or open space, as well as title searches, surveying, and similar work associated with same; and similar projects of this type, professional services shall be awarded only after receipt of publicly advertised RFQ's, after which a limited number of the best qualified vendors would be identified, and proposals would then be solicited there from.
d. 
Review of RFP's/RFQ's by Review Committees. A Review Committee shall be established consisting of two members of Committee to prepare, process and evaluate any RFQ and/or RFP issued pursuant to the professional services contracting procedures set forth above. Said committee shall evaluate the respective qualifications and/or proposals, taking into consideration the designated qualifications and/or performance criteria, experience, quoted fee and other relevant factors in making a recommendation of award to Township Committee; and the Review Committee may, in its sole discretion, conduct negotiations with qualified vendors after receipt of proposals, in order to achieve the best possible contract terms and conditions for the Township and its taxpayers.
e. 
Emergency Exceptions. Notwithstanding the foregoing, the Township Committee recognizes that the New Jersey Legislature has provided for the occurrence of certain emergencies, and further recognizes that, therefore, the procedure outlined above, might not be capable of being achieved in the event of an emergency or similar time constraints. Thus, should such a situation arise, and time does not permit resort to this procedure, and the immediate performance of services is necessary, then an award for same may be made in accordance with the provisions of the Local Public Contracts Law relating to emergency contracts, and such rules and regulations as made be promulgated, from time to time, by the Township Committee with regard to same. No such emergency contracts, however, may be awarded without submission to the Township Clerk of a certification establishing the basis for the deviation from the procedures outlined herein.
[1]
Editor's Note: Ordinance No. 2005-17, a portion of which is codified herein, was adopted September 26, 2005.
[Ord. #2005-17, A I]
It is the Township's policy that immediate relatives will not be hired for or transferred to regular full-time or regular part-time positions where:
a. 
One relative would have the authority to appoint, remove, discipline or evaluate the performance of the other.
b. 
One relative would be responsible for auditing the work of the other.
c. 
Other circumstances exist which would place the relatives in a situation of actual or reasonably foreseeable conflict with the Township's interest and their own.
[Ord. #2005-17, A I]
RELATIVE
Shall mean and include spouse, child, parent, stepchild, brother, sister, grandparent, parent-in-law, daughter-in-law, son-in-law, grandchildren, niece, nephew, uncle, aunt. This policy shall also apply to persons related by blood or marriage residing in an employee's home.
[Ord. #2005-17, A I]
Members of the governing body of the Township of Tabernacle shall not hold elective office at any other level of County, State or Federal government; provided however:
a. 
A successful candidate for Freeholder, or appointed Freeholder, who was duly elected or appointed Township official prior to taking the Freeholder office shall vacate the municipal office on or before the expiration of the term of that office; and
b. 
A successful candidate for the New Jersey Legislature, or appointed member of the New Jersey Legislature, who was duly elected to Township office prior to being elected or appointed to the Legislature shall vacate the Township office on or before the expiration of the term of that office.
[Ord. #2005-17, A I]
No elected official, department head or employee of the Township shall use or permit the use of any Township property, equipment or personnel for the private use of any person or entity, unless:
a. 
The use is specifically authorized by New Jersey State Law or existing Township policy and procedure; and
b. 
The use is available to the general public; and then, only to the extent and upon the terms that such use is available to the general public.
[1]
Editor's Note: Former § 2-27 Fire Protection Inspector containing Ordinance No. 2007-5 was repealed in entirety by Ordinance No. 2017-1.
[Ord. No. 2017-1]
There is hereby created the position of Fire Subcode Official/Fire Marshal.
[Ord. No. 2017-1]
The Fire Subcode Official/Fire Marshal shall be appointed by the Township Committee upon the recommendation of the Township Administrator without term and, subject to any tenure acts of the State of New Jersey, shall be removable at the pleasure of the Administrator or Committee with or without notice or hearing.
[Ord. No. 2017-1]
a. 
The Fire Subcode Official/Fire Marshal shall have the duty to enforce the fire protection subcode in accordance with N.J.A.C. 5:23-3 and as qualified in accordance with N.J.A.C. 5:23-5. The Fire Subcode Official/Fire Marshal shall be responsible for enforcement of the appropriate fire protection subcode, subject to the procedures of the enforcing agency as administered by the Construction Official.
b. 
The Fire Subcode Official/Fire Marshal shall be responsible for conducting field inspections and for working with and/or instructing property owners/contractors on the requirements of the U.C.C.
c. 
The Fire Subcode Official/Fire Marshal shall be responsible for all of the duties associated with the position of the Fire Protection Subcode Official.
d. 
The Fire Subcode Official/Fire Marshal shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Tabernacle other than owner-occupied one and two family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. No. 2017-1]
a. 
The Fire Subcode Official/Fire Marshal shall be paid a salary fixed and adopted by the Township Committee in the annual Salary Resolution.
b. 
The Salary Range for the respective position is as follows:
Minimum
$12,500.00
Maximum
$13,000.00
[Ord. No. 2017-1]
a. 
The Fire Subcode Official/Fire Marshal shall be appointed on the basis of his/her qualifications and hold a valid Fire Protection Subcode (High Hazard Specialist HHS) license issued by the Department of Community Affairs and a Fire Official Certification issued by the New Jersey Division of Fire Safety. The Fire Subcode Official/Fire Marshal shall have previous responsible, successful experience in local government and possess a high school diploma or equivalent.
b. 
The Fire Subcode Official/Fire Marshal need not be a resident of the Township at the time of his or her appointment.
[Ord. #2007-8 § 1]
There is hereby created the position of Violations Clerk for the Tabernacle Township Municipal Court.
[Ord. #2007-8 § 1]
The Violations Clerk shall be appointed by the Township Committee upon the recommendation of the Township Administrator without term. The Violations Clerk shall be removable at the pleasure of the Administrator or Committee with or without notice or hearing. The position of Violations Clerk is hereby established as an at will employee and pursuant to the Tabernacle Administrative Personnel Guide.
[Ord. #2007-8 § 1]
The Violations Clerk is responsible for collecting all fees, fines and costs on traffic violations, the processing of all complaints, appearances, waivers of trial, pleas of guilty and other administrative duties as modified from time to time by the Judge in consultation with the Township Administrator.
[Ord. #2007-8 § 1]
a. 
The Violations Clerk shall be paid a fixed hourly rate as detailed and adopted by the Township Committee in the annual Salary Ordinance.
b. 
The following hourly rate range is set for the position and hereby included by reference in the current annual Salary Ordinance adopted by Tabernacle Township:
Title
Range Minimum
Range Maximum
Violations Clerk
$11.00 per hour
$13.00 per hour
[Ord. #2007-8 § 1]
a. 
The Violations Clerk shall be appointed on the basis of his/her qualifications and must have at least two years of experience in record keeping or maintenance of records positions. A high school diploma or equivalent is required.
b. 
The Violations Clerk need not be a resident of the Township or the State at the time of his or her appointment.
[Ord. #2008-6, § I]
The purpose of this section is to provide for the safety of children engaged in youth organizations by taking steps to provide for the reasonable assurance that employees and volunteers for youth organizations have been subject to a criminal history record background check.
[Ord. #2008-6, § II]
As used in this section, the following terms shall have the meanings indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and/or the New Jersey State Bureau of Identification in the Division of State Police.
EMPLOYEE
Shall mean any adult individual, of the age 18 years or older that is employed as a coach, trainer, staff or the like for a youth organization.
VOLUNTEER
Shall mean any adult individual, of the age 18 years or older that volunteers their time as a coach, leader, instructor or the like for a youth organization. Any teacher, coach or volunteer in a school-based program shall not be subject to these provisions, but shall abide by the school's requirements with regard to background checks.
YOUTH ORGANIZATION
Shall mean and shall specifically include, and be limited to, the Tabernacle Athletic Association ("TAA") as an organized program with participants that are Tabernacle residents under the age of 18 which: (1) is sponsored by the Township of Tabernacle, and (2) receives Township funding for their programs and/or services, and (3) receives Township funded liability insurance, and (4) utilizes municipal facilities including buildings and/or fields of play on a regular or recurring basis.
[Ord. #2008-6, § III]
a. 
Mandatory Background Check. All individuals seeking to be employed by or volunteer for youth organizations shall be required to submit to mandatory background checks, as defined above. This requirement shall apply to new employees or volunteers as well as existing employees or volunteers, and the requirement may not be waived by the youth organizations or any other entity. This process shall be administered by the Township Clerk or their designee, provided the designee is a confidential employee.
b. 
Process. All employees or volunteers shall be required to submit to a background check, which shall be conducted by the New Jersey State Police Department. If the employee or volunteer is found to be currently charged or previously convicted with any felony, or any misdemeanor involving fraud, misrepresentation, dishonesty, violence; or in any way involving a child; or involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10; or such act that the Township determines are grounds for disqualification, then that person shall be deemed to have failed the local background check and shall not be permitted to be employed by or volunteer in any way for a youth organization. If there is no private third party funding available to a youth organization for payment of all State Police fees, then the employee or volunteer will be deemed to have passed the background check and shall be permitted to be employed by or volunteer for a youth organization.
c. 
Appeal Hearing. If an individual desiring to be an employee or volunteer for a youth organization fails the background check, the individual shall be notified of the failure in writing via certified and regular mail, with the reasons for the rejection stated therein. The individual shall further be advised in writing of his or her right to a hearing before the Township Committee, which hearing must be requested within 20 days of the receipt of the notice. If a hearing is requested by the individual pursuant to this section, the Committee shall first state the reasons for the denial on the record, and the individual shall thereafter be permitted to state his or her reasons as to why they should still be permitted to be an employee or volunteer. The Committee shall thereafter render a decision on the individual's appeal and may either permit the individual to be an employee or volunteer or reject the individual's appeal. The Committee's decision shall, within 10 days after the hearing, be reduced to writing by the Township Clerk and mailed certified and regular mail to the individual. A hearing under this subsection may be conducted in Executive Session pursuant to the provisions of the Open Public Meetings Act.
d. 
Youth Organization Obligations. All youth organization officers or leaders are required to make all reasonable efforts to comply with the requirements of this section. It is the responsibility of the youth organization to coordinate with the New Jersey State Police and the Municipal Clerk to ensure annual background checks are being administered in compliance with this section. The youth organization, through a designated officer or leader, shall file an annual roster of employees and volunteers that are required to participate in the background check procedures of this section. The youth organization shall sign the roster certifying the accuracy and completeness of the roster and employees' and volunteers' names.
The youth organization shall maintain records including the names of all employees and volunteers and the date of their last background check. These records shall be disclosed annually to the Township Clerk to ensure that all employees and volunteers are current with regard to the background check requirements.
In the event that youth organization already has a background check policy and procedure in place, the Township will accept the results from the administration of that policy, provided the policy and results are disclosed to the Township and the Township is satisfied that the policy and procedures are sufficient to satisfy the standards and purpose of this section.
[Ord. #2008-6, § IV]
a. 
Written Consent. Each person seeking to participate in a youth organization as an employee or volunteer shall execute a written consent in favor of both the youth organization and the Township of Tabernacle, its agents, servants and employees, authorizing said investigation, releasing the Township, and its agents, servants and employees from any liability arising from same, and holding them harmless. Failure to submit to said investigation will disqualify any such person from serving in the youth organization.
b. 
Interim Status. When a person has submitted written consent, they shall be provided Interim Status to engage in employment or volunteering while awaiting the results of the background check, provided the person certifies that they have no reason to believe that they were found guilty of a crime that would result in their disqualification from service as an employee or volunteer under the terms of this section. Interim status shall be sufficient to be employed or volunteer only until such time that the results of the background check are obtained.
[Ord. #2008-6, § V]
A background check administered under the provisions of this section shall be valid for three years. At the expiration of three years, the employee or volunteer must undergo a new background check in order to continue to serve as an employee or volunteer.
[Ord. #2008-6, § VI]
a. 
Limitation on Access. Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the Township of Tabernacle and the applicable youth organization, on a "need to know" basis, as authorized by Federal or State Statute, Rule or Regulation, Executive Order, Administrative Code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this section.
b. 
Limitation on Use. The Township and the youth organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Any persons violating Federal or State Regulations governing access to criminal history record information may be subject to criminal and/or civil penalties. The results shall not be subject to public disclosure and shall be retained only for such period of time as is necessary to serve their intended and authorized purpose.
Township officials with access to the criminal history record information shall be limited to the following: Committee, Solicitor, Administrator, Clerk, and Deputy Clerk, and any other official specifically authorized by the Administrator, provided they are a confidential employee and the Administrator determines their involvement is necessary or useful in carrying out the terms and intentions of this section.
[Ord. #2008-6, § VII]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this section shall, upon conviction thereof, be punishable as provided under § 1-5 governing "General Penalty" provisions.
[Ord. #2010-6]
There is hereby created the position of a seasonal snowplow driver/laborer.
[Ord. #2010-6]
a. 
The seasonal snowplow driver/laborer shall be appointed by the Township Committee upon the recommendation of the Township Administrator without term or any tenure acts of the State of New Jersey, shall be removable at the pleasure of the Administrator or Committee with or without notice or hearing.
[Ord. #2010-6]
a. 
The snowplow driver/laborer shall perform the duties involved in removing snow and ice from roadways.
b. 
Responsible for ability to work in various climates and perform repetitious operations in safe manner.
c. 
Minimum of five years experience in municipal snowplowing and deicing operations, or operating a Class B truck in a commercial plowing operation.
d. 
Maintains and operates core and complex equipment safely and proficiently.
e. 
Perform manual labor as required to service and maintain equipment during and after storm.
[Ord. #2010-6]
a. 
The seasonal snowplow driver/laborer shall be paid a salary fixed and adopted by the Township Committee in the Salary Resolution.
b. 
Salary range for the respective position shall be compensated in accordance with the following rate and no benefits:
Minimum
$18.00/hr.
Maximum
$30.00/hr.
[Ord. #2010-6]
a. 
The snowplow driver/laborer shall be appointed on the basis of his/her qualifications and hold a valid New Jersey commercial driver's license. Class B with air brake endorsement.
b. 
The snowplow driver/laborer need not be a resident of the Township at the time of his or her appointment.
c. 
Necessary Special Requirements. Individuals in this classification will be subject to random drug and alcohol testing.
d. 
Must be available for emergency work calls at anytime, including nights, weekends and holidays.
e. 
Preference will be given to those individuals with experience in municipal snow plowing and deicing equipment operation.
[Ord. #2014-3 § 1]
There is hereby created the position of a Temporary / Part-Time Office Clerk.
[Ord. #2014-3 § 2]
The Temporary / Part-Time Office Clerk shall be appointed by the Township Committee upon the recommendation of the Township Administrator without term or any tenure acts of the State of New Jersey, shall be removable at the pleasure of the Administrator with or without notice or hearing.
[Ord. #2014-3 § 3]
a. 
Handles the daily operations of the office.
b. 
Handles all incoming telephone calls and various complaints.
c. 
Responsible for incoming and outgoing mail delivery.
d. 
Assist the Township Clerk/Deputy Clerk, Township Administrator and Tax Collector with various projects as needs require.
e. 
Assist Chief Financial Officer and Deputy Treasurer with vouchers and bills.
f. 
Photo coping/scanning and general office duties.
g. 
Scheduling use of Township facilities.
[Ord. #2014-3 § 4]
The Temporary / Part-Time Office Clerk shall be paid a salary fixed and adopted by the Township Committee in the Salary Resolution.
[Ord. #2014-3 § 5]
a. 
High School graduate or equivalent and at least two years' experience in municipal government or related field.
b. 
Knowledge of various office equipment and various computer software applications.
c. 
Ability to type at least 40 wpm.
d. 
Must have ability to work well with the public, taxpayers and other employees.
[Added 10-28-2019 by Ord. No. 2019-9]
a. 
Minutes Review Subcommittee. There shall be a Minutes Review Subcommittee (MRS) consisting of the Administrator, the Township Attorney and the Municipal Clerk, whose job shall be to periodically review approved closed sessions of the Township Committee and make further determinations on behalf of the Committee on which previously adopted minutes should be made public. The MRS shall have no power and shall not be a "public body" within the meaning of the Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
b. 
Meetings of MRS. The MRS shall meet on a quarterly basis. Meetings of the MRS shall be scheduled at the convenience of the MRS members by the Municipal Clerk and may be conducted electronically.
c. 
Preparatory staff work. Prior to each meeting of the MRS, the Municipal Clerk shall prepare a list of all previously approved closed session minutes that have not been made public. The list and the minutes listed shall be made available to the MRS at their meetings.
d. 
Basis for recommendation. Recommendations to make minutes public shall be on a case-by case basis, taking into consideration both the interest in maintaining confidentiality set forth in N.J.S.A. 10:4-12 and the interest in prompt disclosure set forth in N.J.S.A. 10:4-14. The applicable guidelines set forth in Subsection g of this section may be considered as a general standard.
e. 
Decision. The decision by the MRS to make public the previously approved minutes of any closed session shall be based on a finding, including that of the Township Solicitor on behalf of the Township Committee, that public disclosure of the matters discussed at such closed session will not be detrimental to the public interest. In cases where more than one matter was discussed in closed session, the MRS may elect to make public only the minutes pertaining to certain of those matters, and to keep the rest of the minutes confidential. Should the minutes contain any material entitled to protection [such as, for example, personnel records, see Hughes Exec. Order No. 9, 9/30/63, amended by Byrne Exec. Order No. 11, 11/15/74; Trenton Times Corp. v. BOE City of Trenton. 138 N.J. Super. 357 (App. Div. 1976)], the MRS shall excise such protected matter, provided that all materials required to be contained in the minutes by N.J.S.A. 10:4-14 shall be set forth.
f. 
Once public, always public. Minutes which are made public shall not thereafter be treated as confidential, but may be seen and copied by any person in the same manner as minutes of open meetings.
g. 
Guidelines. The following general guidelines pertaining to the nine purposes for closed meetings set forth in N.J.S.A. 10:4-12b may be considered in deciding when to make public minutes of closed sessions:
1. 
Matters required by law to be confidential, when the need to preserve the secrecy of the confidential information discussed no longer exists, provided that material entitled to court protection shall not be disclosed.
2. 
Matters affecting the right to receive federal funds, when disclosure would no longer impair the right to receive funds or cause funds already received to be forfeited.
3. 
Matters involving individual privacy. Such matters shall not be disclosed except as ordered by a court of competent jurisdiction, or with the written consent of all of the individual(s) concerned (see South Jersey Publishing Co. Inc. v. N.J. Expressway Auth., 124 N.J. 478 (1991)].
4. 
Matters relating to collective bargaining agreements, when the collective bargaining agreement has been made and ratified.
5. 
Certain matters involving public funds, after the transaction involving the public funds has been made.
6. 
Matters affecting public safety and property, when disclosure would no longer impair the safety and property of the public or the conduct of any investigation.
7. 
Litigation, contract negotiation and certain privileged matters. As to litigation, when a final decision has been rendered and all rights of appeal are exhausted; as to anticipated litigation, when the statute of limitations has expired or a binding settlement precluding litigation has been made; as to contract negotiation, when either the contract has been made and is binding of all parties or, if not made, when negotiation is terminated; as to matters falling within the attorney-client privilege, at such time, if ever, that disclosure would not violate the attorney's ethical duties.
8. 
Employment matters. When the employment decision has been made and all rights to litigate or appeal are exhausted, provided that material entitled to court protection shall not be disclosed.
9. 
Deliberations after hearing in penalty matters, after the decision to impose or not impose the penalty has been made and all rights to litigate or appeal are exhausted, provided that material entitled to court protection shall not be disclosed.
h. 
All meeting minutes shall be drafted and approved by the governing body within the time set forth in the Open Public Meetings Act, N.J.S.A. 10:4-8 et seq. ("OPMA") and applicable case law.
i. 
Except as set forth herein, minutes of meetings of the governing body from which the public has been excluded ("closed session minutes") shall be available to the public upon request duly submitted to the Township redacted or unredacted.
j. 
With respect to closed session minutes, at the time those minutes are approved, the Township Committee shall determine which portions of the minutes are not appropriate for release to the public under the OPMA or the Open Public Records Act, N.J.S.A. 47:1A-1.1 et seq. ("OPRA") and such minutes shall be reviewed in accordance with Subsection K hereof.
k. 
On a quarterly basis, the MRS shall review closed session minutes to determine what additional portions, if any, shall be released to the public. Release of closed session minutes in response to an OPRA request shall not be delayed by a second review or approval by the Township Committee of closed session minutes that have already been approved. The Municipal Clerk will continue to put all regular minutes on the Township website promptly upon adoption and approval by the governing body. The Municipal Clerk will place all closed session minutes on the Township website promptly upon adoption and approval in redacted and unredacted form. The Municipal Clerk will update the closed session minutes on the Township website promptly upon modification as it concerns any approval to release previously redacted minutes or portions thereof. Such review shall include all closed session minutes approved by the governing body since January 1, 2017.
[Added 6-10-2019 by Ord. No. 2019-5]
There is hereby created the position of a part-time Certified Fire Inspector.
a. 
The part-time Certified Fire Inspector shall be appointed by the Township Committee upon the recommendation of the Fire Marshal and Township Administrator without any term and/or any tenure acts of the State of New Jersey; and shall be removable at the pleasure of the Township Administrator or Township Committee with or without notice or hearing.
a. 
The part-time Certified Fire Inspector shall perform the duties to assist the Fire Marshal in accordance with the N.J.A.C. 5:70.
b. 
The part-time Certified Fire Inspector shall be responsible for conducting field inspections and working with and/or instructing property owners/contractors on the requirements of the Uniform Fire Code.
a. 
The part-time Certified Fire Inspector shall be paid a fixed salary adopted by the Township Committee in the annual Salary Resolution.
b. 
The salary range for the respective position shall be compensated in accordance with the following rate and without benefits are as follows:
1. 
Minimum: $15/hr.
2. 
Maximum: $30/hr.
a. 
The part-time Certified Fire Inspector shall be appointed on the basis of his/her qualifications and hold a valid New Jersey driver's license.
b. 
The part-time Certified Fire Inspector shall hold certification by the New Jersey Division of Fire Safety.
c. 
The part-time Certified Fire Inspector may use his/her personal vehicle. The Township will provide current mileage reimbursement.
[Added 8-26-2019 by Ord. No. 2019-6]
a. 
There is hereby created the position of Purchasing Agent for the Township of Tabernacle.
b. 
The Purchasing Agent shall be appointed by the Township Committee.
c. 
The Purchasing Agent is required to possess a valid Qualified Purchasing Agent certificate, as issued by the New Jersey Division of Local Government Services, Department of Community Affairs.
d. 
The Purchasing Agent shall have, on behalf of the Township Committee of the Township of Tabernacle, the authority, responsibility and accountability for the purchasing activity pursuant to Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising for and to receive bids and requests for proposals for the provision or performance of goods, services and construction contracts; to award contracts pursuant to New Jersey law in accordance with the regulations, forms and procedures promulgated by state regulatory agencies; and conduct any activities as may be necessary or appropriate to the purchasing function of the Township of Tabernacle.
e. 
The Township of Tabernacle hereby adopts the contracting unit bid threshold pursuant to N.J.S.A. 40A:11-3 and N.J.A.C. 5:34-5.2.