[Ord. No. 246 § 1]
Any person claiming payment from the Borough shall first submit a detailed statement of the items or demand necessitating such claim to the Borough Clerk, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has been signed by a minimum of three members of the Borough Council. The Treasurer shall have the duty to audit, warrant and make recommendations on all claims and bills.
[Ord. No. 246 § 2]
The bill or claim duly certified shall be presented to the Borough Clerk for inclusion on the agenda of the next immediate formal meeting of the Borough Council, and it shall be the duty of the Borough Treasurer to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the Borough Council shall be listed systematically without preference, and the list shall be made available to each member of the Borough Council at least one hour prior to the convening of a meeting of the Borough Council, at which formal action will be taken with respect to such claim.
[Ord. No. 246 § 3]
Claims shall be considered by the Borough Council, which shall approve the same, except that the Borough Council may reject any claim presented to it, stating the reason for such rejection. Any disapproved claim shall be referred back to the Borough Clerk with such instructions as the Borough Council may give at the time of disapproval.
[Ord. No. 246 § 4]
No voucher shall be submitted to the Borough Council for formal action unless there are sufficient funds available for the payment of said claims. In the event that claims are submitted for which there are insufficient budgetary appropriations, the Borough Clerk shall not submit such vouchers to the Borough Council for formal approval but shall advise the Governing Body of the nature and amount of the claim and the fact that insufficient moneys are available to pay or otherwise satisfy the claims.
[Ord. No. 246 § 5]
It shall be the duty of the Borough Clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the Borough Council has by formal action approved the same, with appropriate record as to any claims disapproved or rejected. All records pertaining to approved and disapproved bills or claims shall be available for public inspection.
[Ord. No. 246 § 6]
After the Borough Clerk has certified that the claims have been approved, the Treasurer shall forthwith prepare the necessary checks for the payment thereof, which checks shall be signed by the President of the Borough Council and thereafter signed by the Borough Clerk. After preparing checks for the payment of claims, the Borough Clerk shall record them in proper books of accounts and thereafter mail or otherwise distribute the checks to the claimants.
[Ord. No. 246 § 7]
It shall be the duty of the Borough Clerk to indicate on each claim that they have been approved for payment, with the date of approval thereon noted on the claim and the particular line item(s) to be charged.
[Ord. No. 354-8-92, Preamble]
Every municipality is required by the State of New Jersey to establish procedures for an encumbrance system; and uniform purchasing procedures are a necessary part of any encumbrance system. The Borough Council desires to implement an encumbrance system which is consistent with the requirements of State law and to establish uniform purchasing procedures with the Borough.
[Ord. No. 354-8-92 § 1]
It is the established policy of this Borough that no article or service shall be contracted for or purchased by any department, board, agency, office or employee of the Borough of Woodbine except in accordance with the procedures set forth herein.
[Ord. No. 354-8-92 § 2]
The Borough will not be bound by any purchase or contract which is made contrary to the policy expressed in this section and particularly in subsection 2-51.2 hereof. Any officer, official, employee or representative of the Borough who violates the policy may be subject to disciplinary action as well as personal liability for any costs or obligations improperly incurred.
[Ord. No. 354-8-92 § 3]
a. 
Preparation of Request for Purchase. The initial step in the purchasing cycle is the preparation of a request for purchase which is a two-part form used to request goods, materials, and services. The request for purchase requisition should be typewritten or printed. The Department Head should only requisition budgeted items. Nonbudgeted items or services shall require the prior approval of the Treasurer with the concurrence of the Chief Finance Officer and the member of the Borough Council assigned to oversee such department, if any. Purchases of an emergent nature will be processed using the emergency procedures. Adjustments to a department's budgeted items should be considered when purchasing previously nonbudgeted items.
b. 
Quote Comparison Sheets. Quote comparison sheets will be available from the Treasurer's Office and shall be prepared for items totaling more than $500. Three vendors shall be solicited for prices of the items. Data pertinent to required items or services should be listed including price quotes. The lowest price should be taken.
c. 
Request for Purchase. The following information is required for all requests for purchase. The numbers preceding each item of information will correspond to those found on sample forms which may be obtained from the Treasurer's Office.
1. 
VENDOR'S NAME AND ADDRESS.
Complete name and address of the vendor. Please include all post office box numbers and zip codes.
2. 
PURCHASE ORDER NUMBER.
This number will be filled in by the Treasurer's Office at the time of Purchase Order approval.
3. 
ACCOUNT OR APPROPRIATION NUMBER.
Account number to be charged.
4. 
ACCOUNT BALANCE.
To be filled in by Treasurer's Office.
5. 
DEPARTMENT/DIVISION.
Full name of Department or Division requesting purchase.
6. 
DATE.
Date of request.
7. 
REQUIRED DELIVERY DATE.
Date that you would require delivery, to assure delivery is on time, ascertain an applicable lead time including ordering, design, manufacture or production and shipping date, if item is not stocked.
8. 
DELIVER TO.
Delivery point - Borough Hall or Public Works. Specific information is to be supplied, including full name and to whom delivery should be made, if applicable.
9. 
QUANTITY.
Provide specific data relative to quantity required and shipping unit.
10. 
DESCRIPTION/STOCK NUMBER.
Provide full description of requested purchase. Be as specific as possible. Description should include model number, size, full specifications of required purchase.
11. 
PRICE.
Exact price of each unit.
12. 
AMOUNT.
Provide total price including shipping charges. While every attempt should be made to determine the total price, it may be necessary, on occasion, to estimate shipping charges.
13. 
SIGNATURE.
Signature of person requesting purchase.
(See #14 below.)
14. 
APPROVAL.
Signature of Department Head or individual to whom authority has been delegated by Department Head. Request for purchase of budgeted items where total cost will not exceed $500 requires only approval of Treasurer. Purchases where total cost exceeds $500 but no more than $2,500 require signature of Department Head and Chief Financial Officer. When total cost will exceed $2,500 signatures of Department Head, Chief Financial Officer and member of Borough Council responsible for requesting department are required.
15. 
APPROVAL AS TO AVAILABILITY OF FUNDS.
Signature of Chief Financial Officer, or Treasurer, shall be required indicating funds are available for this purchase.
d. 
No order is to be placed or a commitment made except by an approved written purchase order issued in accordance with the procedures outlined herein or by the Emergency Purchase Procedure which is hereinafter specified.
e. 
The request for purchase must be approved and signed by the Department Head. The request for purchase should be submitted well in advance of the time the goods, materials or service are needed to allow sufficient time for review and for preparation of specifications, advertisements for bids (when required), or for the solicitation of informal quotations for other than routine purchases and for those quotations which involve more complex or technical purchases.
f. 
The original of the request for purchases shall be forwarded to the Purchasing Agent with the duplicate copy. The requesting department should retain a photocopy for its file. If the request for purchase is not properly completed, it will be returned to the originating Department Head for correction, additional information or clarification. The purchasing agent will also review a unit's requisition, making necessary consolidations and standardizations with the requests of other units. Requesting units should be advised and consulted when standardizations are made. Based on the total aggregate dollar amount of the purchase requests, written specifications and sealed bids or informal solicited quotations may be required. To record the request, the original of the requisition is retained by the Treasurer's Office and filed numerically with the approved purchase order. State approved contract vendors or cooperative pricing system vendors pursuant to N.J.S.A. 40A:11-11(5) as amended and supplemented from time to time may also be used to fulfill the contracting unit's needs. Before any formal commitment is made to a vendor, and prior to the issuance of a purchase order, the availability of funds must be determined pursuant to N.J.A.C. 5:30-14.5 as amended and supplemented from time to time.
g. 
If the purchase order cannot be approved, the Treasurer's Office will provide the Purchasing Agent with a written explanation. The Purchasing Agent will accordingly notify the requesting Department Head. In the case of an emergency, the preparation and release of a purchase order is the sole and exclusive duty of the Treasurer.
h. 
The Treasurer's Office shall prepare, as a minimum, a five-part purchase order. The numbers shown below correspond to the numbers found on the sample form available from the Treasurer's Office:
1. 
PART ONE - WHITE ORIGINAL - VENDOR OR FILE COPY
(a) 
VENDOR/NAME AND ADDRESS
Complete name and address of vendor.
Please include all post office box numbers and zip codes.
(b) 
PURCHASE ORDER NUMBER
This number is preprinted and consecutively numbered.
(c) 
DEPARTMENT/DIVISION
Full name of Department or division and account number to be charged.
(d) 
DATE
Date purchase order is typed.
(e) 
DELIVER TO
Delivery point-Borough Hall or Public Works. Specific information is to be supplied, including full name and to whom delivery should be made, if applicable.
(f) 
ATTENTION OF
Specific person to whom delivery should be made.
(g) 
QUANTITY/UNIT
Provide specific data relative to quantity required and shipping unit (box, carton, case, etc.).
(h) 
FULL DESCRIPTION OF REQUESTED PURCHASE
A full description of the items or services to be purchased. Additional sheets shall be used if necessary. Under no circumstances should an additional purchase order form be utilized.
(i) 
PRICE
Exact price for each unit.
(j) 
AMOUNT
Provide total price including shipping charges. While every attempt should be made to determine the total price, it may be necessary, on occasion, to estimate shipping charges.
(k) 
CONTRACT NUMBER
Enter the state contract number of vendor or if bid item, the date of award.
(l) 
ACCOUNT BALANCE
To be filled in by Treasurer's Office.
(m) 
REQUIRED DELIVERY DATE
Date that you would require delivery, to assure delivery is on time, ascertain an applicable lead time including ordering, design, manufacture or production and shipping date, if item is not stocked.
(n) 
TOTAL
Enter the total cost for all of the items on purchase order.
(o) 
SIGNATURE
Signature of person requesting purchase.
(See #(p) below.)
(p) 
APPROVED BY
Signature of Department Head or individual to whom authority has been delegated by Department Head. Request for purchase of budgeted items where total cost will not exceed $500 requires only approval of Department Head. Purchase where total cost exceeds $500 but no more than $2,500 requires signature of Department Head and Chief Financial Officer. When total cost will exceed $2,500, signatures of Department Head, Chiefs Financial Officer and member Borough Council responsible for requesting department are required.
(q) 
APPROVAL AS TO AVAILABILITY OF FUNDS.
Signature of Chief Financial Officer, Treasurer or Deputy Treasurer, shall be required indicating funds are available.
2. 
PART TWO - YELLOW VOUCHER FOR PAYMENT
(a) 
VENDOR'S CERTIFICATION
Signature of vendor and date.
(b) 
APPROVAL OF BOROUGH COMMITTEE MEMBERS, SUPERVISING DEPARTMENT
The signatures of the members of Borough Committee who supervise the requesting department shall be included.
(c) 
DEPARTMENT HEAD APPROVAL
Voucher will be returned to Department Head by Treasurer's Office for signature.
(d) 
DATE OF PAYMENT
Shall be inserted by the Treasurer's Office at time of payment.
(e) 
CHECK NUMBER
Check number will be inserted by the Treasurer's Office at the time of payment.
3. 
PART THREE - CANARY - TREASURER'S OFFICE COPY
4. 
PART FOUR - PINK - RECEIVING DEPARTMENT COPY
A receiving report will accompany the purchase order. The following data will be included on Part Four when receiving goods, equipment or materials and the vendor invoice will be forwarded to the purchasing agent.
(a) 
Vendor's name.
(b) 
Date of arrival.
(c) 
Certification that proper item was shipped.
(d) 
Quantity.
(e) 
Condition of goods received.
(f) 
Remarks as appropriate, such as
(1) 
Back order.
(2) 
Shortage.
(3) 
Damaged goods.
(4) 
Rejected or returned.
[Ord. No. 354-8-92, § 4]
Emergency purchases shall only be authorized when a situation requires the immediate purchase or delivery of goods or services to meet an actual danger to the public health, safety or welfare. The head of the department requesting an emergency purchase shall contact the Mayor, Chief Financial Officer and the Treasurer in order to receive approval. In the absence of the Treasurer, Chief Financial Officer, or the members of the Borough Council in charge of the requesting department, any other member of the Borough Council should be requested to declare an emergency. On the next working day following the emergency, the Department Head shall submit a written report to the Treasurer describing the emergency and the steps taken to resolve the matter. The Purchasing Agent should execute a purchase order, and the request for purchase should be submitted routinely to the Treasurer's Office.
[Ord. No. 354-8-92 § 5]
The Treasurer's Office shall properly complete and determine that legally appropriated and sufficient funds are available. The availability of funds will be certified by the Chief Financial Officer, the Municipal Treasurer, or the Deputy Treasurer, pursuant to N.J.A.C. 5:30-14.5 as amended and supplemented. The certified purchase order forms shall be signed by the Treasurer's Office and the purchase order parts shall be distributed as follows:
a. 
Part 1 and Part 2: Forwarded to the vendor to place the order. Part 1 to remain with the vendor. Part 2 (voucher) to be returned by the vendor with his invoice(s) when requesting or claiming payment.
b. 
Part 3: Removed by the Treasurer's Office to serve as the basis for an encumbrance and retained in a numerical purchase order file.
c. 
Part 4: Forwarded to the requesting department serving notice that the order has been placed. Filed in an open requisition file by commodity service title and stapled with the duplicate requisition.
[Ord. No. 354-8-92 § 6]
On receipt of the purchase order, the vendor performs accordingly in providing the goods or services. The vendor returns the signed voucher (Part 2) and the original invoices(s) to the Treasurer's Office which forwards to the requesting department head for signature.
[Ord. No. 314-1987, Preamble]
N.J.S.A. 59:10-4 empowers a Municipality to indemnify local public employees consistent with the provisions of the Tort Claims Act (N.J.S.A. 59:1-1 et seq.); and the Borough Council determines that it is in the best interest of the Borough and its Municipal officials, officers and employees to exercise the permissive authority conferred upon the Borough by the above referenced Statutes.
[Ord. No. 314-1987 § 1]
"Official," "officer," and "employee," shall mean any person elected or appointed to any public office, agency or body of the Borough or employed or retained by the Borough for any office, agency or body thereof, whether such person serves in a paid or unpaid capacity.
[Ord. No. 314-1987 § II]
Whenever an official, officer or employee of the Borough is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the Borough Council shall provide the official, officer or employee with the necessary defense or, at his option, means for defense of such action or proceeding and shall also hold such official, officer or employee harmless from the payment, settlement or judgment resulting from the proceedings, except in the following instances:
a. 
Where the action has been brought by the Borough itself against the said official, officer or employee or in a criminal proceeding, instituted as a result of a complaint on behalf of the Borough.
b. 
Where the official, officer or employee has been specifically found by the trier of facts in proceedings, civil or criminal, to have acted with fraud, actual malice or willful misconduct.
c. 
Where the official, officer or employee is found to have acted in violation of the Borough Ordinances or Rules or Regulations.
d. 
Where the legal proceeding involves a proceeding concerning the election laws.
[Ord. No. 314-1987 § III]
The Borough Council may refuse to provide for the defense and indemnification referred to in subsection 2-52.3 if it determines that:
a. 
The act or omission was not within the scope of the person's employment or official duties.
b. 
The act, or the failure to act, was because of actual fraud, willful misconduct or actual malice.
c. 
The defense of the action or proceedings by the Borough would create a conflict of interest between the Borough and the official, officer or employee.
[Ord. No. 314-1987 § IV]
An official, officer or employee requesting defense of any action or claiming indemnification under this section shall cooperate fully and in good faith with the Borough and with any attorneys, adjusters, investigators, experts or technical personnel engaged for purposes of defense in the preparation and presentation of said defense to such action or the settlement or other disposition thereof. If such official, officer or employee shall neglect, fail or refuse to cooperate as aforesaid, the Borough Council, after hearing on 10 days' written notice to the official, officer or employee and for cause, may declare all rights created under this section for the benefit of such official, officer or employee to be forfeited and terminated. Any such vote shall be by majority vote of the full membership of the Borough Council.
Whenever the Borough provides the defense of an official, officer or employee pursuant to this section, the Borough may assume exclusive control of the representation of such official, officer or employee.
[Ord. No. 314-1987 § V; Ord. No. 318A-1988 § 1]
Nothing in this section shall be deemed to authorize the Borough to pay for damages resulting from the commission of a crime or for exemplary or punitive damages, provided that the Borough may indemnify an employee for exemplary or punitive damages resulting from the employee's civil violation of State or Federal law if, in the opinion of the Governing Body of the Borough, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
[Ord. No. 314-1987 § VI]
An official, officer or employee shall not be entitled to indemnification or the cost of defense under this section unless within 10 days of the time such official, officer or employee is served with any Summons, Order to Show Cause, Complaint, Process, Notice, Demand or Pleadings, he delivers the same, or a certified copy thereof, to the Borough Clerk. Upon receipt of same, the Borough Clerk shall forthwith notify all members of the Borough Council, and the Borough Solicitor of the receipt of same. The aforesaid time period for receipt of notice of suit may be extended, for cause, by the affirmative vote of a majority of the full membership of the Borough Council.
[Ord. No. 314-1987 § VII]
In the event that this section conflicts with any existing negotiated contracts between the Borough and its employees, the terms of the contract applying to the respective employee shall govern.
[Ord. No. 314-1987 § VIII]
This section, upon its effective date, shall apply to any matter herein covered whether or not the same is alleged to have occurred before or after the effective date of this section.
[Ord. No. 314-1987 § IX]
The amount the Borough is obliged to reimburse the municipal official, officer or employee shall be reduced by any insurance coverage payable to such individual or to the Borough for expenses of suit.
[Ord. No. 314-1987 § X]
The municipal official, officer or employee shall be obliged to cooperate with the Borough in the conduct of the defense. Whenever competent and disinterested legal counsel is available to the Borough through any insurance coverage, the municipal official, officer or employee shall be obliged to be represented by that attorney unless there be a conflict of interest as certified by the attorney, the presiding Judge of the Court in which the matter is pending or the Advisory Committee of Professional Ethics of the New Jersey Supreme Court. The refusal of the municipal official, officer or employee to cooperate with the Borough shall terminate the Borough's obligation to reimburse the municipal official, office or employee.
[Ord. No. 314-1987 § XI]
If the legal proceeding is terminated by settlement among the parties, then the Borough shall not be obligated to reimburse the municipal official, officer or employee unless the Borough approves the settlement agreement.
[Ord. No. 314-1987 § XII]
If the municipal official, officer or employee files a counterclaim in the legal proceedings, the Borough shall not be obligated to reimburse said official, officer or employee for any attorneys' fees or Court costs attributable to the prosecuting of the counterclaim; provided, however, the Borough may reimburse a municipal official, officer or employee for a portion of reasonable expenses incurred in connection with the proceedings, prior to a final decision; provided, however, that the Borough gives prior approval to the undertaking of the expenses.
[Ord. No. 314-1987 § XIII]
Notwithstanding any contractual provisions, to the extent that the New Jersey Statutes Annotated provide broader indemnification to members of the Borough Volunteer Fire Department, such Statutes, wherever applicable, shall supersede this section.
[Ord. No. 370-1994]
N.J.S.A. 2B:12-28(b) provides that a municipality may, by ordinance, require a person applying for representation by a Municipal Public Defender to pay an application fee of not more than $50, provided however that the Municipal Court may waive any such required application fee, in whole or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation. The Mayor and Council deem it appropriate that the application fee, as permitted by N.J.S.A. 2B:12-28(b) should be required by the Borough for persons applying for representation by a Municipal Public Defender.
[Ord. No. 370-1994 § 1]
Any person applying to the Municipal Court of the Borough for representation by a Municipal Public Defender shall pay an application fee of $50, provided however that the Municipal Court may waive any required application fee, in whole or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.
[Ord. No. 254 § 1]
No insurer issuing fire insurance policies in this State shall pay to any claimant any claim or claims for fire damages in excess of $2,500 on any real property located within the Borough of Woodbine, County of Cape May and State of New Jersey, pursuant to any fire insurance policy issued or renewed after the adoption of this section and after the filing of such section with the State Commissioner of Insurance until such time as all taxes and assessments and all other municipal liens or charges due and payable appearing on the Official Certificate of Search shall have been paid either by the owner of such real property or by the insurance company pursuant to the provisions of N.J.S.A. 17:36-10 or until the Borough of Woodbine submits to the insurance company a copy of a Resolution adopted pursuant to N.J.S.A. 17:36-11.
[Ord. No. 254 § 2]
In order for a claimant to receive any proceeds under any policy of fire insurance in excess of $2,500 such claimant or insured person shall submit an Official Certificate of Search for Municipal Liens prepared pursuant to N.J.S.A. 54:5-12, which shall certify that all taxes, assessments or other municipal liens or charges, levied and assessed and due and payable against the property have been paid, or the Borough of Woodbine submits a certified copy of a Resolution which shall be adopted pursuant to N.J.S.A. 17:36-11. Any person or party submitting any request for an Official Certificate of Search for Municipal Liens shall specify that the search concerns fire damaged property.
[Ord. No. 254 § 3]
The Municipal Tax Search Officer shall be the official of the Borough of Woodbine to issue certificates as to fire damaged property pursuant to the terms of this section, which section is enacted pursuant to the provisions of N.J.S.A. 17:36-8 et seq.
[Ord. No. 254 § 4]
The Official Certificate of Search may be altered, by the Tax Search Officer or other bonded official responsible for preparing such certificates, in order to correct any errors or omissions or to add any municipal liens or related charges due and payable subsequent to the preparation of the Official Certificate.
[Ord. No. 254 § 5]
The Borough Clerk shall cause a certified copy of this section to be filed with the State Commissioner of Insurance upon final adoption and publication as required by law.
Prior ordinance history includes portions of Ordinance No. 441.
[Ord. No. 537-2012]
N.J.S.A. 47:1A-1, et seq. entitled "Open Public Records Act" as currently promulgated and as may be amended hereinafter referred to as the "Act," is hereby adopted and incorporated herein by reference.
[Ord. No. 537-2012]
All government records which are made, maintained or kept on file by any Borough of Woodbine employee or officer shall be accessible to the public pursuant to the Act, unless said record does not meet the definition of a government record or is specifically excluded from public access by any provision of the Act.
[Ord. No. 537-2012]
The Borough Clerk is appointed as the "custodian of records" in accordance with P.L. 2001, c. 404, and shall have the custody of and shall safely keep all government records of the Borough of Woodbine, except those committed to another office by ordinance, resolution or other law. All employees of the Borough Clerk's office are designated as "deputy custodians of records." For purposes of this chapter, the custodian of records and any deputy custodians of records shall be referred to collectively as "custodian(s)."
[Ord. No. 537-2012]
The custodian shall accept requests for government records under the Act during regular business hours. All requests shall be in writing and as specific as possible including the type of record and date created, if known. The request shall be in the form prescribed by the custodian.
[Ord. No. 537-2012]
a. 
The custodian shall promptly comply with a request to inspect, examine, copy or provide a copy of a government record. If the custodian is unable to comply with a request for access, he or she shall indicate the specific basis for such inability to comply and shall promptly notify the requestor.
b. 
Immediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, including collective bargaining agreements and individual employment contracts and public employee salary and overtime information.
c. 
Should the custodian doubt whether or not the record requested is a government record as defined by law or is a record exempt from disclosure, the Borough Clerk shall request an opinion from the Solicitor. After legal review, the Solicitor shall issue an opinion and promptly provide it to the Borough Clerk.
d. 
If any part of a particular record is exempt from public access pursuant to the Act, the custodian shall delete, redact or excise from a copy of the record that portion which is exempt from access and shall promptly permit access to the remainder of the record.
e. 
If the record requested is temporarily unavailable because it is in use or storage, the custodian shall so advise the requestor and shall make arrangements to promptly make available a copy of the record.
f. 
If a request for access to a government record would substantially disrupt municipal operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interest of the requestor and the Borough of Woodbine.
[Ord. No. 537-2012]
Unless a shorter time period is provided by statute, regulation or executive order, the custodian shall grant access to a government record or deny a request for access to a record as soon as possible but not later than seven business days after receiving the request, provided that the record is currently available and not in storage or archived. Should the custodian fail to respond within seven business days after receiving a request, the failure to respond shall be deemed a denial of the request, unless the requestor has elected not to provide a name, address, telephone number or other means of contacting the requestor. If the requestor has elected not to provide an address, telephone number or other means of contacting the requestor, the custodian shall not be required to respond until the requestor reappears before the custodian seeking a response to the original request. If the government record is in storage or archived, the requestor shall be so advised within seven business days after the custodian receives the request. The requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied.
[Ord. No. 537-2012]
The Borough Clerk's office shall conspicuously post in clear, concise and specific terms the right to appeal a denial or failure to provide access to a government record and the procedure for filing an appeal.
[Ord. No. 537-2012]
a. 
Upon the approval of a request to view, inspect, examine or copy a record, the record and the requestor shall remain in the presence of the custodian at all times. Under no circumstance shall any government record be removed from the office where it is normally kept unless accompanied by the custodian or designee.
b. 
Should the custodian or other municipal employee be required to observe or monitor the requestor while viewing a record for a period which would disrupt the daily operation of the Borough, the requestor shall be responsible for reimbursing the Borough for time spent by the custodian or other employee.
[Ord. No. 537-2012]
Copies of records may be purchased for the fee prescribed by law. If a fee is not prescribed by law, the fee shall be the actual cost of duplicating the records, provided, however, that, where the actual cost for duplication of the record exceeds the rates below, the actual cost shall be imposed. The fee for government records shall be as follows:
a. 
Standard-sized paper up to 8.5 inches in width and up to 14 inches in length shall be in accordance with N.J.S.A. 46:1A-1.
b. 
Photographs.
1. 
Black and white copy: Same as paragraph a above;
2. 
Color copy: $10 per photograph;
3. 
Photographs recorded on compact disc: $25, which includes cost for compact disc. Conversion to special medium shall require a special service charge.
c. 
Electronic Records.
1. 
Compact Disc: $5;
2. 
Audio Tape: $11;
3. 
Information recorded on digital video disc: $30 which includes the cost of digital video disc. Conversion to medium shall be subject to a special service charge.
d. 
Certified Copies of Vital Records.
1. 
Certified copy of birth, marriage or death record: $10;
2. 
Corrected copy of birth, marriage or death record: $25.
e. 
Special Service Charge.
1. 
A special service charge shall be imposed, in addition to the actual costs of duplicating the record, whenever the nature, format, manner of collation or volume of a government record embodied in the form of printed matter is such that it cannot be reproduced by ordinary document-copying equipment in ordinary business size, where such record involves an extraordinary expenditure of time and effort to accommodate the request or where the retrieval of the record requested requires an expertise beyond that of the custodian such as releasable computer data not accessible by the custodian. A special service charge shall be applied when the custodian must change the medium in which the record is normally kept in order to comply with the request. The special service charge shall include the cost of labor in addition to the cost of materials as well as any other actual costs incurred by the Borough of Woodbine. The requestor shall have the opportunity to review and object to the special charge prior to it being incurred.
2. 
The special service charge for volume shall be as follows:
(a) 
$25 for 100 to 300 copies;
(b) 
$25 for every additional 200 copies or part thereof.
3. 
Conversion of records from one medium to another: Cost of duplication, plus cost of electronic record medium and special service charge.
4. 
Should a third-party vendor be required to fulfill a special service request, the requestor shall be charged the fee as set by the third-party vendor.
f. 
A deposit shall be paid prior to filling any anonymous request where it is estimated that the information will cost in excess of $5 to produce. The deposit shall be the total estimated cost of producing the request. A deposit shall be paid prior to filling any request where it is estimated that the information will cost in excess of $25 to produce. The deposit shall be 1/2 of the total estimated cost of producing the request.
[Ord. No. 537-2012]
All payments shall be cash, personal check, certified check, cashier's check, money order or bank check. No third party checks will be accepted. Proper identification of payer will be required. The Borough shall impose a fee of $20 against any individual who shall issue a check to the Borough which check is subsequently dishonored by the individual's bank for insufficient funds or any other cause.
[Ord. No. 461-2004]
a. 
All requests for discovery in matters pending in the Woodbine Municipal Court shall be submitted through the Municipal Prosecutor.
b. 
The following fees shall be payable by the requestor to the Borough of Woodbine Prosecutor for the discovery provided:
1. 
$0.75 per page for each of the first 10 pages photocopied.
2. 
$0.50 per page for each of the next 10 pages photocopied.
3. 
$0.25 per page for each of the pages photocopied thereafter.
4. 
Actual postage for any discovery sent by mail.
5. 
$0.25 for the envelope for any discovery sent by mail.
6. 
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.
7. 
Duplication of videotapes constitute an extraordinary duplication process and will be charged at the rate of $5 per videotape.
8. 
On any item that cannot be photocopied on the Borough's copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
c. 
Where the discovery must be obtained from other than the Borough of Woodbine Prosecutor, e.g., another police department, the actual costs paid to the other entity shall be paid by the requestor.
d. 
The fees stated herein shall be subject to change and without ordinance amendment as hereinafter permitted by law.
[Ord. No. 488-2007 § 2]
a. 
A fixed fee in the amount of $175 is hereby established for the performance of a marriage or civil union by the Mayor or a Deputy Mayor.
b. 
A supplemental fee in an amount calculated in accordance with the following schedule for out-of-pocket expenses to be incurred by the Mayor or Deputy Mayor is hereby established.
1. 
Mileage: $0.445 per mile;
2. 
Miscellaneous Expenses: Actual, direct cost.
c. 
All fees shall be payable to the Borough, collected by the Borough Clerk or by the Mayor or Deputy Mayor performing the ceremony, and deposited in the Borough's current fund.
[Ord. No. 488-2007 § 3]
The Mayor or Deputy Mayor performing the ceremony shall be paid a fee by the Borough in the amount of $150 per ceremony performed. All payments pursuant to this subsection shall be made from appropriate budget line items.
[Ord. No. 488-2007 § 4]
Upon submission of a voucher with appropriate documentation and authorization therefore, the Mayor or Deputy Mayor shall be reimbursed by the Borough for the actual, direct cost of out-of-pocket expenses incurred. All payments pursuant to this subsection shall be made from appropriate budget line items.
[Ord. No. 506-2009 § 1]
As used in this section:
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/or fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and/or the State Bureau of Investigation of the New Jersey State Police.
CRIMINAL RECORD HISTORY INFORMATION or CRHI
Shall mean information collected by criminal justice agencies concerning persons and stored in the computerized databases of the New Jersey State Police SBI Criminal History Information System, the National Law Enforcement Telecommunications System ("NLETS") or other states' computerized repositories containing criminal history record information consisting of identifiable descriptions and notations of arrests, indictments, or other formal criminal charges, and any dispositions arising therefrom, including convictions, dismissals, acquittals, sentencing, correctional supervision and release.
EMPLOYEES INVOLVED WITH BOROUGH PROGRAMS OR SERVICES OF MINORS
Shall mean employees of the Borough of Woodbine who are assigned to the Recreation Department.
NONCRIMINAL JUSTICE PURPOSE
Shall mean any purpose, other than administration of criminal justice or criminal justice purpose, including employment and licensing, for which applicant fingerprints or names search requests are submitted by authorized requesters, as required by permitted by a Federal or State statute, rule or regulation, executive order, administrative code provision, local ordinance, resolution or by this chapter, to the State Bureau of Identification for the dissemination of criminal history record information.
STATE BUREAU OF IDENTIFICATION or S.B.I.
Shall mean the State Bureau of Identification created by P.L. 1930, c. 65 (N.J.S.A. 52:1-12 et seq.) as a bureau within the Division of State Police.
[Ord. No. 506-2009 § 2]
a. 
The Borough requires that all current and prospective employees and volunteers of the above-mentioned Department submit to criminal record history background checks through the State Bureau of Investigation.
b. 
All such current and prospective employees of the above-mentioned Department shall complete and execute a "Request for Criminal History Record Information" form SBI-19 or SBI-19A (for a criminal record history background check by fingerprint analysis), from SBI-212 or SBI-212A (for a criminal record background check by name search), or any other form prescribed by the State Bureau of Investigation as requested by the Clerk of the Borough of Woodbine, or his designee. The employees shall complete these forms in their entirety and shall provide all the information required to complete and the check, including the name of the subject, the date of birth of the subject, the social security number of the subject, and where required, an impression of the subject's fingerprints. Pursuant to the Privacy Act of 1974 (P.L. 93-579), the furnishing of social security numbers is voluntary, and the employee's social security number may only be used for purposes of processing requests for criminal history record information.
c. 
The Clerk and the Borough Solicitor of the Borough of Woodbine shall be responsible for implementation and administration of the provisions of this section, provided, however, that the responsibilities contained herein may be delegated in whole or in part to one or more subordinate officers.
d. 
The Borough shall bear any costs associated with conducting criminal record history background check for employees for the above-mentioned departments.
[Ord. No. 506-2009 § 3]
a. 
An employee may be disqualified from serving in such a capacity if that person's criminal record history background check reveals a record of convictions of any of the following crimes and offenses:
1. 
In New Jersey, any crime:
(a) 
Involving danger to the person, meaning those crimes set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.;
(b) 
Against the family, children or incompetents, meaning those crimes set forth in N.J.S.A. 2C:1.4-1 et seq.;
(c) 
Involving theft as set forth in Chapter 20 of Title SC of the New Jersey Statutes;
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C, except Paragraph (A) of subsection (a) of N.J.S.A. 2C:35-10.
2. 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes described in paragraph a of this subsection.
b. 
For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee for prospective or continued employment, the Borough shall presume that the employee is innocent of any charges or arrests for which there are no final dispositions indicated on the record.
[Ord. No. 506-2009 § 4]
a. 
Current and prospective employees shall submit all information required, including without limitation their name, address, fingerprints and written consent to the Borough for the criminal record history background check to be performed.
b. 
The Clerk of the Borough shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal record history background checks pursuant to this section.
[Ord. No. 506-2009 § 5]
a. 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment applications, shall be limited to members of the Borough Council, the Clerk, or the Clerk's designee(s), 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. 
Such persons or 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 shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely for the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. The records so obtained shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating Federal or State regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
[Ord. No. 506-2009 § 6]
If any information obtained by a criminal record history background check may disqualify the employee from continued or prospective employment, the person making such a determination shall provide the employee with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The employee shall be afforded a reasonable period of time to correct and complete the record. For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee for prospective or continued employment, the Borough shall presume that the employee is innocent of any charges or arrests for which there are no final dispositions indicated on the record.
[Ord. 513-2009 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Commissioner who is newly elected or returning to elective office after an interruption in service;
b. 
Municipal Administrator;
c. 
Borough Attorney;
d. 
Borough Engineer;
e. 
Municipal Prosecutor;
f. 
Municipal Court Judge;
g. 
Municipal Public Defender.
[Ord. No. 513-2009 § 2]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S. 43:5C-2:
a. 
Tax Collector;
b. 
Chief Financial Officer;
c. 
Construction Code Official;
d. 
Purchasing Agent;
e. 
Tax Assessor;
f. 
Registered Municipal Clerk;
g. 
Licensed Uniform Subcode Inspector;
h. 
Superintendent of Public Works;
i. 
Municipal Court Administrator.
[Ord. No. 513-2009 § 3]
If an individual is appointed to one of the positions listed in subsection 2-59.1 and the individual is not serving in a position as described in subsection 2-59.2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual; (1) was an active participant in the Public Employee Retirement System on July 1, 2007, and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-59.2 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 513-2009 § 4]
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from that Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 534-2012]
a. 
The Borough of Woodbine is authorized to bill and recover the reasonable costs associated with fire protection and suppression services provided by the Fire Department.
b. 
The Fire Department or a third party agency ("Agency") as approved by Council shall determine the reasonable costs associated with the service provided including wear and tear on equipment, damaged equipment and insurance costs.
c. 
The Fire Department shall provide to the Borough or Agency all pertinent information necessary to pursue collection including names and addresses of all persons requesting and receiving fire services.
d. 
The Borough or the Agency shall bill all appropriate insurance companies or individuals who may be responsible for the costs associated with the services provided.
e. 
The Borough reserves the right to determine the ability to collect the bill and may discharge the debt.
[Ord. No. 553-2015]
a. 
Financial Disclosure Statement Required. Any appointed member to a Board or Commission of the Borough of Woodbine shall, upon notice by the Borough Clerk, immediately complete and file the required Financial Disclosure Statement when due or within any grace periods provided.
b. 
Failure to File; Suspension. Any appointed member of a Board or Commission who fails to file a Financial Disclosure Statement and has received a Notice of Violation from the State of New Jersey, Local Finance Board, shall be immediately suspended from their appointed position without further notice until they have provided proof of compliance with all of the requirements of N.J.S.A. 40A:9-22.6 and any directive contained in any Notice of Violation including the payment of any fines levied against said member.
c. 
Suspension in Excess of 45 Days; Termination. In the event the appointed official shall be suspended and remains suspended as provided herein, for a period in excess of 45 days, that appointed official shall be immediately terminated from that position after the expiration of 45 days which shall create a vacancy subject to appointment in accordance with the laws of the State of New Jersey and Borough of Woodbine.
d. 
Forfeiture of Remuneration During Suspension. During the period of any suspension as provided herein or in accordance with any Notice of Violation or directive from the Local Finance Board, any remuneration, salary or stipend payable to said member shall be forfeited and no payment shall be made to said member.