[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.
[Prior history includes Ord. No. 2011-3, Ord. No. 2015-11,
Ord. No. 2017-9, and Ord. No. 2019-9. Section 2-7 was repealed and
replaced 10-26-2020 by Ord. No. 2020-4]
[Added 10-26-2020 by Ord.
No. 2020-4]
There shall be a Department of Public Safety in and for the
Township. The Department of Public Safety shall include the Tabernacle
Township Fire Department, the Division of Emergency Medical and Rescue
Services, and the Division of Emergency Management.
[Added 10-26-2020 by Ord.
No. 2020-4]
a.
Establishment. There is hereby established in and for the Township
of Tabernacle a Municipal Fire Department to be known as the "Tabernacle
Fire Company." No other fire-fighting organization is to be formed
within the Township without the consent of the Township Committee.
The Fire Department hereby created must comply with all the requirements
of this chapter and any rules or regulations promulgated hereunder.
b.
Officers. The officers of the Fire Department shall consist of a
Chief who shall be appointed by the Township Committee and such other
Assistant Chiefs, Captains, Lieutenants, and other line officers and
members as shall be appointed by the Chief with the consent of the
Township Committee.
c.
Reports to Committee. It shall be the responsibility of the Chief
of the Fire Department to make all reports to the Township Committee
as hereafter required by this chapter.
d.
Ownership of Quarters. The Township of Tabernacle shall retain ownership
and control over all quarters entrusted to the Fire Department.
e.
Expenses. All expenses for the operation and maintenance of the Department
shall be paid by the Township in accordance with applicable state
statutes.
f.
Purchasing and title of equipment. The Township of Tabernacle shall
retain title to all equipment purchased with funds supplied by the
Township Committee for the purpose of purchasing such equipment. However,
nothing shall preclude donations of equipment or property to the Fire
Department with approval of acceptance of the donated item from the
Township Committee.
[Added 10-26-2020 by Ord.
No. 2020-4]
a.
The Chief shall be in full command and complete control at all fires
and during the period of all alarms and shall be held accountable
for his/her actions to the Township Administrator and Committee and
shall make written and verbal reports as the Committee may require.
All other line officers shall be accountable to the Chief except when
any of said officers are acting as Chief in his/her absence.
b.
The Chief shall formulate rules and regulations to govern the operation
of the Fire Department, such rules and regulations being subject to
review and approval by the Township Committee, and shall be responsible
to the Township Administrator and Committee for the morale and general
efficiency of the Fire Department.
c.
The Chief or line officer designated by him/her shall, at least once
a month, conduct suitable drills or instructions in the operation
of fire-fighting apparatus and equipment and study buildings presenting
unusual fire problems, water supply and other matters generally considered
essential to good firefighting and safety of life and property from
fire.
d.
The Chief or any line officer designated by him/her is hereby required
to report to the Township Administrator any suspected crime of arson
and shall render all possible assistance to the Township Administrator
and the State Police in investigating the cause, origin, and circumstances
of all fires of questionable origin.
e.
The Chief shall cause to be kept complete records of all fires, apparatus
and minor equipment, personnel and other information about the work
of the Fire Department.
f.
The Chief shall report monthly to the Township Administrator the
number and type of fires during the month, the number and purpose
of all other runs made, the number of members and man hours involved
in responding to each fire or other run, and the estimated loss involved
in all building fires.
g.
The Chief shall make a complete annual report to the Township Administrator,
such report to include information as specified in paragraph f of
this section, together with comparative data for previous years and
recommendations for improving the effectiveness of the Fire Department.
h.
The Chief shall be responsible to transmit to the Township Administrator,
on or before October 31 of each year, a proposed annual budget.
[Added 10-26-2020 by Ord.
No. 2020-4]
The recognized standards and practices for the prevention of
fire shall be held to mean the standard practices and requirements
as set forth in the Fire Prevention Code currently in effect in the
Township.
[Added 10-26-2020 by Ord.
No. 2020-4]
a.
Every person seeking to join the Fire Department shall make application
to the Fire Department in accordance with the rules and regulations
of the Fire Department. Applicants must be at least 18 years of age
and must pass a physical examination by a practicing physician in
the State of New Jersey. All applicants must submit to a background
check. All appointments are subject to the approval of the Township
Committee. Members of the Fire Department are subject to the Township
of Tabernacle Personnel Policies and Procedures.
b.
It shall be the duty of the active members to participate in drills
and instructions and to aid the Chief and the other line officers
to the best of their ability in the prevention and control of fire
and the protection of life and property within the Township of Tabernacle
and wherever the Fire Department may have cause to conduct operations.
c.
All members of the Fire Department shall serve without compensation.
d.
An exempt firemen's certificate shall be issued by the Township Committee,
in the form and manner provided by law, to all members of the Fire
Department lawfully entitled to receive the same.
e.
Members 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.
f.
All of the present Tabernacle Fire Co. No. 1 members, at the time
of the adoption of this ordinance shall automatically be probationary
members of the new Township Fire Department and shall have 90 days
to apply for permanent membership in the Township department as volunteer
after the appointment of a Chief.[1]
[1]
Editor's Note: This section was adopted 10-26-2020 by Ord.
No. 2020-4.
[Added 10-26-2020 by Ord.
No. 2020-4]
a.
Recommendations for the purchase of apparatus and equipment needed
to maintain the effectiveness of the Fire Department and properly
protect life and property from fire shall be made by the Chief to
the Township Administrator.
b.
All Township equipment of the Fire Department shall be safely and
conveniently housed by the Fire Department.
c.
Suitable arrangements shall be provided for citizens to turn in an
alarm, and for notifying members of the Fire Department so that they
may promptly respond. It shall be the duty of the Chief to notify
the Township Administrator of any condition that would interfere with
the proper functioning of the fire alarm system.
d.
Except as may be authorized by the Township Administrator, no person
shall use any fire apparatus or equipment of the Township for any
private purpose. No person shall willfully and without authority take
away or conceal any article used in any way by the Fire Department.
e.
No person except authorized employees of the Township of Tabernacle
shall enter any place where fire apparatus is housed or handle any
equipment belonging to the Township unless accompanied by or having
the special permission of an officer or authorized member of the Fire
Department.
f.
The Chief of the Fire Department is hereby authorized to extend aid
to neighboring communities upon request for fire protection or to
establish a mutual aid system.
g.
No apparatus of the Township shall be hired out or permitted to leave
the Township of Tabernacle without consent of the Township Committee,
except in response to a call for aid in a neighboring community or
on official business. No apparatus is to leave the Township on official
business without the consent of the Chief or highest-ranking line
officer available. The line officer in charge of the Fire Department
shall have power to assign equipment for response to calls for outside
aid in accordance with paragraph f of this section, and in other cases,
only when the absence of such equipment in his/her judgment will not
jeopardize fire protection in the Township of Tabernacle.
[Added 10-26-2020 by Ord.
No. 2020-4]
The Division of Emergency Medical 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
Township Committee 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.
[Added 10-26-2020 by Ord.
No. 2020-4]
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.
[Added 10-26-2020 by Ord.
No. 2020-4]
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 in cooperation with the Tabernacle
Fire Co. in accordance with any contract in existence from time to
time. 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 Township
Administrator 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.
[Added 10-26-2020 by Ord.
No. 2020-4]
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.
[Added 10-26-2020 by Ord.
No. 2020-4]
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 Township Administrator
on a quarterly basis.
[Added 10-26-2020 by Ord.
No. 2020-4]
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 Township Administrator.
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.
[Added 10-26-2020 by Ord.
No. 2020-4]
a.
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 Township Administrator.
These charges shall be billed to the insurance company of the resident
or party receiving assistance from the Department of Public Safety.
The Township Administrator shall administrate and ensure the accurate
and timely billing for services by the Department.
b.
The Township Administrator 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.
c.
Unless otherwise required by law and then in accordance with all
applicable Federal and State regulation, Tabernacle Township, in the
case of the Township Administrator, and the various volunteer companies
delivering firefighting and emergency services in the Township, and
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.
[Added 10-26-2020 by Ord.
No. 2020-4]
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.
[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.
[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]
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:
[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]
[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:
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.
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.
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.
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]
[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.
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.
[Added 8-23-2021 by Ord.
No. 2021-07]
There is hereby created the position of Assistant Municipal
Administrator.
[Added 8-23-2021 by Ord.
No. 2021-07]
a.
The Assistant Municipal Administrator 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.
[Added 8-23-2021 by Ord.
No. 2021-07]
a.
The Assistant Municipal Administrator shall have the duties of assisting
the Municipal Administrator in the administration of municipal affairs,
and in integrating and coordinating activities of the various departments;
perform related work as required by the Administrator.
b.
Assist the Municipal Administrator in the preparation and review
of the budget.
c.
Assist the Municipal Administrator in installing modern management
methods and systems for all departments.
d.
In the absence of the Municipal Administrator, shall have all the
powers and perform all functions and duties of the Municipal Administrator.
e.
Assist the Municipal Administrator in advising the governing body
on matters of policy.
f.
Assist the Municipal Administrator in editing and compiling public
information releases.
g.
Assist the Municipal Administrator in advising the governing body
on all problems of personnel and administrative organization.
h.
Prepare comprehensive reports, and supervise the establishment and
maintenance of suitable records and files.
i.
May be required to learn to utilize various types of electronic and/or
manual recording and information systems used by the agency and/or
office.
[Added 8-23-2021 by Ord.
No. 2021-07]
The Assistant Municipal Administrator shall be paid a salary
fixed as adopted by the Township Committee in the annual Salary Ordinance.
[Added 8-23-2021 by Ord.
No. 2021-07]
a.
The Assistant Municipal Administrator shall be appointed on the basis
of his/her qualifications. Previous responsible experience in local
government and possession of a high school diploma or equivalent required.
A Bachelor's degree is preferred, however, not required. Two
years in local government may be substituted.
b.
The Assistant Municipal Administrator need not be a resident of the
Township or the State at the time of his or her appointment.
[Added 8-23-2021 by Ord.
No. 2021-08]
There is hereby created the position of a Full Time Secretary
to Various Departments.
[Added 8-23-2021 by Ord.
No. 2021-08]
The Full Time Secretary to Various Departments shall be appointed
by the Township Committee upon the recommendation of the 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.
[Added 8-23-2021 by Ord.
No. 2021-08]
a.
The Secretary to Various Departments shall perform the duties to
assist the Fire Marshall, the Public Works Department, the Fire Company.
b.
The Secretary shall be responsible for clerical work such as typing,
filing, correspondence, assisting in maintaining records and general
secretary and clerical work as may be assigned to him/her by the Administrator,
Fire Marshall, Public Works Department, and Fire Company.
c.
The Secretary may be assigned to other departments as determined
by the Administrator.
[Added 8-23-2021 by Ord.
No. 2021-08]
