Township of Belleville, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. No. 2523]
Members of the Council, elected as provided by Charter, for terms beginning July 1, 1990, shall be paid in accordance with the annual Salary Ordinance in the same manner as all other officers and employees.
[Ord. No. 2523]
All powers of the municipality and the determination of all matters of policy shall be vested in the Township Council, except as otherwise provided by the Charter, General Law, or the Administrative Code.
[Ord. No. 2523]
Vacancies on the Council shall be filled in the manner prescribed by law.
[Ord. No. 2523; Ord. No. 2929]
The Mayor shall be elected for a four-year term by the citizens of the Township.
The Council shall select a Deputy Mayor by majority vote, or as otherwise provided by charter or General Law to serve for a term of one year.
[Ord. No. 2523]
The Mayor shall have only such powers and duties as Mayor as are expressly provided by this chapter, the Charter, General Law, or the Administrative Code.
[Ord. No. 2523]
a. 
All meetings, including pre-meeting conferences, shall be public and held at times and places fixed by the Council, in accordance with the Open Public Meetings Act (N.J.S. 10:4-6 et seq.). Exceptions, if any, shall be authorized therein.
b. 
The Council shall schedule its regular meetings and conference meetings by resolution adopted from time to time.
c. 
Pre-meeting Conferences. The Council may hold pre-meeting conferences in preparation for regular meetings, as permitted by law.
d. 
Special Meetings. The Mayor may call special Council meetings and shall do so upon written request of the majority of the whole Council. The request and call for a special meeting shall state the purpose thereof, and no other business shall be transacted. The call shall be filed with the Township Clerk, at least 24 hours before the time for which the meeting is called, provided that if the Mayor declares an emergency affecting the public health or safety, the call so stating may be filed three hours before the meeting. Upon receipt of notice, the Clerk shall forthwith notify each member and member-elect, make copies of the call available to the press, and post at least one copy in a prominent place on the front door of the municipal building.
[Ord. No. 2523]
Members-elect of the Council shall be notified of all Council meetings to be held between election day and the date of organization, as if they were incumbents. They shall be entitled to attend all such meetings and to participate in all pre-meeting conferences without vote.
[Ord. No. 2523]
The Council may, by resolution, adopt bylaws and procedural rules.
[Ord. No. 2523]
The Council shall appoint an independent auditor to make an annual audit of the municipal accounts and financial records as required by law.
[Ord. No. 2523; Ord. No. 2670; Ord. No. 3222]
There shall be the following departments under the direct administrative control of the Manager:
a. 
Office of the Manager;
b. 
Office of the Township Clerk;
c. 
Department of Finance;
d. 
Department of Public Works;
e. 
Department of Health and Human Services;
f. 
Department of Planning and Development;
g. 
Department of Recreation and Cultural Affairs;
h. 
Municipal Court;
i. 
Department of Police;
j. 
Department of Fire;
k. 
Office of the Township Attorney.
l. 
Department of Information Technology.
[Ord. No. 2523]
The internal organization of each department shall be recommended by the head of that department, approved by the Manager and adopted by resolution of the council, unless otherwise provided herein. Any plan calling for changes in personnel strength or in classification or pay of employees shall require approval of the Council by resolution.
[Ord. No. 2523]
The Council shall determine the allocation of all functions of government among the departments.
[Ord. No. 2523]
Pursuant to the authority of N.J.S. 40:69A-89, there is hereby created the office of Township Manager.
[Ord. No. 2523]
The Township Manager shall be appointed by the Council, pursuant to the provisions of N.J.S. 40:69A-92. The Township Manager shall, prior to appointment, be qualified in accordance with N.J.S. 40:69A-92. The term of the Township Manager shall be governed by the provisions of N.J.S. 40:69A-93.
[Ord. No. 2523; Ord. No. 3414]
a. 
In accordance with N.J.S. 40:69A-95, the Township Manager shall:
1. 
Be the chief executive and administrative official of the municipality.
2. 
Execute all laws and ordinances of the municipality.
3. 
Appoint and remove a Deputy Manager if one be authorized by the Council, all department heads and all other officers, subordinates and assistants, except a Municipal Tax Assessor, for whose selection or removal no other method is provided in this section, except that he may authorize the head of a department to appoint and remove subordinates in such department, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the Municipal Council.
4. 
Negotiate contracts for the municipality, subject to the approval of the Municipal Council, make recommendations concerning the nature and location of municipal improvements and execute municipal improvements as determined by the Municipal Council.
5. 
See that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, public utility franchise or other contract are faithfully kept and performed, and upon knowledge of any violation, call the same to the attention of the Municipal Council.
6. 
Attend all meetings of the Municipal Council with the right to take part in the discussions, but without the right to vote.
7. 
Recommend to the Municipal Council for adoption such measures as he may deem necessary or expedient, keep the Council advised of the financial condition of the municipality, make reports to the Council as requested by it and at least once a year make an annual report of his work for the benefit of the Council and the public.
8. 
Investigate at any time the affairs of any employee or department of the municipality.
9. 
Shall have supervisory authority and control over the following departments: Office of the Clerk, Department of Finance, Department of Police, Department of Fire, Department of Public Works, Department of Health and Human Services, Department of Planning and Development, and the Department of Recreation and Cultural Affairs.
10. 
Shall have administrative authority over the following departments: Municipal Court and Department of Law.
11. 
Perform such other duties as may be required of the Municipal Manager by ordinance or resolution of the Municipal Council.
b. 
The Township Manager shall be responsible for the Council for carrying out all policies established by it and for the proper administration of all affairs of the municipality within the jurisdiction of the Council. In addition to the above, the Township Manager shall also:
1. 
Represent the municipality and assert its proper interest in relation to this State and other political subdivisions and with respect to municipal contracts and franchises.
2. 
Study the governmental and administrative operations and needs of the municipal government and prepare and recommend to the Council necessary and desirable plans and programs to meet present and foreseeable needs.
3. 
Receive and reply to inquiries and complaints concerning township business, provide information and assistance and remedy or cause to be remedied the source of any just complaint.
c. 
Conduct studies of the present and future business environment needs of the Township, and develop immediate and long range plans, in consultation with the Business Advisory Council, for recommendation to the Municipal Council.
[Ord. No. 2523; Ord. No. 2733 § 1; Ord. No. 01-2879 § 1]
The Township Manager, to the extent not prohibited by law, shall:
a. 
Direct and supervise all departments and officers of the municipal government and be responsible for the maintenance of sound personnel policies and administrative practices.
b. 
Approve all bills and vouchers for payment.
c. 
Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.
d. 
Establish working, personnel, vacation and sick leave schedules and appropriate records and reports.
e. 
Serve as the purchasing agent of the municipality unless the Council shall authorize the appointment of a purchasing agent.
[Ord. No. 2523]
The Township Manager shall be responsible for preparation of the municipal budget in accordance with N.J.S. 40:69A-96. He shall control the expenditure programs of each department and office through the application of work programs and periodic allotments of budget appropriations. No department or office shall incur any expenditure in excess of the amount so allocated. Whenever it shall appear to the Township Manager that the amount appropriated for any department or any purpose within a department, in excess of the amount required to be expended to provide the quantity and quality of service authorized by the budget, the Township Manager may, by administrative order, reduce the amount available for expenditure by any department during the remainder of any year.
[Ord. No. 2523]
a. 
All materials, supplies and equipment, work and labor under contract required by any department, office or agency of the municipality shall be purchased by or under the direction and supervision of the purchasing agent.
b. 
Purchases shall be authorized only upon requisition of a department head, which requisitions shall be made to the purchasing agent at such times and in such forms as he may prescribe or approve, except as the purchasing agent may specifically authorize in case of emergency.
c. 
The purchasing agent shall establish and enforce suitable specifications and standards for all supplies, material and equipment to be purchased for the municipality; shall inspect deliveries to determine their quality, quantity and compliance with these specifications and standards; and shall accept or reject the deliveries in accordance with results of his inspection.
d. 
The purchasing agent shall control any general storerooms or stockrooms. He may make transfers of supplies, material and equipment between departments and offices. With Council authorization, the Township Manager may sell surplus, obsolete, unused or waste supplies, material and equipment.
[Ord. No. 2523; Ord. No. 3230]
a. 
The Township Manager shall establish and maintain a comprehensive personnel program, including position classification and pay plans, entrance and promotional tests, discipline and leave regulations, affirmative action and related elements, which shall be approved by the Council. The Township Manager shall appoint all personnel under his authority, unless otherwise provided by law or herein.
b. 
Procedures to Adopt Personnel Practices; Township Manager to Implement.
1. 
The Municipal Council shall by ordinance establish titles for public employment by the Township and salary ranges for the Township employees. (Said titles shall conform to the New Jersey Civil Service Act and regulations promulgated by the New Jersey State Department of Personnel).
2. 
The Municipal Council shall by resolution adopt and amend from time to time personnel policies and procedures including rules concerning the hiring and termination of employees, terms and conditions of employment, and regulations required to comply with applicable Federal and State employment related law. The personnel policies and procedures adopted pursuant to said resolution(s) shall be applicable to all officials, appointees, employees, prospective employees, volunteers and independent contractors of the Township.
3. 
The Township Manager shall be responsible to implement and enforce the personnel practices adopted by ordinance or resolution authorized pursuant to this section. If there is a conflict between said personnel practices and any duly adopted and lawful collective bargaining agreement, personnel services contract or Federal or State Law, the terms and conditions of that contract or law shall prevail. In all other cases, the practices adopted pursuant to this ordinance shall prevail.[1]
[1]
Editor's Note: See Section 2-29 for adoption of Personnel Policies and Procedures.
[Ord. No. 2790 §§ 1-4]
a. 
The Township Council designates the Township Manager as the designated approval officer for the payment of monthly invoices of the vendor Pucillo Brothers.
b. 
The Township Manager shall review the monthly invoices detailing services rendered, certified by the vendor and approved for payment by the Director of Public Works who shall certify the services have been rendered.
c. 
Upon approval of the Township Manager, the bill submitted and certified as required herein shall be processed for payment by check drawn on the municipality.
d. 
The Township Manager shall provide the Township Council with an account of payments made in accordance with this subsection.
[Ord. No. 3414]
Within the Office of the Manager there shall be a Business Advisory Council consisting of five members to be appointed by the Council. Each member shall serve without compensation for a term of four years, except that of those first appointed: Two shall be appointed to serve for four years, one for three years, one for two years, and one for one year. Vacancies shall be filled for the unexpired term only.
[Ord. No. 3414]
a. 
The Business Advisory Council shall investigate, study and advise the Township Manager and Municipal Council with respect to improving the business environment within the Township.
b. 
Consult with the Township Manager on business concerns in the Township.
c. 
Investigate, study, advise, and suggest to the Township Manager and the Municipal Council, upon request, programs, affairs and initiatives to address the business needs of the community.
[Ord. No. 2523]
The Council shall appoint a Township Clerk who shall:
a. 
Serve as Clerk of the Council, keeping minutes and records of its proceedings, maintaining and compiling its ordinances and resolutions as required by the Charter.
b. 
Have custody of the Township Seal and affix it to such books, papers and documents as may be authorized pursuant to law.
c. 
Have and take custody of all official books, papers and documents of the town for which no other repository is provided by Charter or ordinance.
d. 
Perform such functions as are vested in the Clerk by the licensing provisions of State law or ordinance.
e. 
Perform all of the functions required of municipal clerks by general election law (Title 19 of the New Jersey Revised Statutes).
[Ord. No. 2523]
Compensation of the Township Clerk shall be fixed in the annual Salary Ordinance adopted by the Council.
[Ord. No. 2523]
The internal organization of the office shall be recommended by the Clerk and approved by the Township Manager and submitted to the Council for approval by resolution.
[Ord. No. 2523]
Pursuant to N.J.S. 40A:99-135 the position of Deputy Township Clerk, who shall be appointed by the Council for a term of one year from the date of his appointment and until his successor shall have been appointed and qualified in his stead. The Deputy Township Clerk shall assist the Township Clerk in the performance of his duties. During the absence or disability of the Township Clerk, the Deputy Township Clerk shall have all the powers of the Township Clerk and shall perform the functions and duties of such office. Compensation of the Deputy Township Clerk shall be fixed in the annual Salary Ordinance adopted by the Council.
[Ord. No. 2523]
The Department shall perform all appropriate functions associated with:
a. 
Billing and collection of all revenues and taxes.
b. 
Budgetary accounting, fiscal control and reporting.
c. 
Custody, investment and disbursement of Township monies.
d. 
Assessment of real estate for tax purposes.
e. 
Data processing.
[Ord. No. 2523]
The Department shall be headed by a Director of Finance, who shall be qualified by education and experience in municipal budget controls and operations, governmental accounting and finance, and in systems and methods of financial management, who shall be appointed by the Manager. The Director shall receive such compensation as fixed in the annual Salary Ordinance adopted by the Council.
[Ord. No. 2523]
The Director of Finance, subject to the direction and supervision of the Manager, shall:
a. 
Serve as the Chief Financial Officer of the municipality;
b. 
Supervise the work of the Department and its divisions;
c. 
Through the divisions established by this section and otherwise, subject to the requirements of the State Division of Local Government and of the Charter and Administrative Code, he shall be responsible for the accounting, pre-auditing and control of all municipal revenues and expenditures; for the custody receipt and disbursement of municipal funds; for the safety and investment of the Township's investments; the management of the Township's debt; the development of financial policies for recommendation to the Manager; and the safeguarding of the Township's financial interests to the fullest extent.
[Ord. No. 2523]
The Director of Finance shall:
a. 
Compile the current expense estimates for the budget for the Manager;
b. 
Compile the capital estimates for the budget for the Manager;
c. 
Supervise and be responsible for the disbursement of all monies and have control over all expenditures to ensure that budget appropriations are not exceeded;
d. 
Establish and maintain a general accounting system for the municipal government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the budget, each of which account shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the municipal government to be made daily or at such intervals as he may deem expedient;
e. 
Submit to the Council through the Manager a monthly budget report.
f. 
Prepare for the Manager, as of the end of each fiscal year, a complete financial statement and report.
[Ord. No. 2523]
The Department of Finance, until otherwise directed by the Manager, shall be comprised of the following divisions with such functions, powers and duties as are prescribed by the Administrative Code:
a. 
Division of Assessments, the head of which shall be the Municipal Assessor:
b. 
Division of Treasury, the head of which shall be the Treasurer;
c. 
Division of Collections, the head of which shall be the Municipal Collector.
[Ord. No. 2523]
The head of the Division of Assessments shall be the Municipal Assessor. He shall, prior to his appointment, be qualified by training and experience in municipal taxation, and the valuation and assessment of property for purposes of ad valorem taxation, he shall, with the assistance of such personnel as may be authorized by ordinance or the Township Manager.
[Ord. No. 2523]
The Division of Assessment shall perform the following functions:
a. 
Value all real and personal property in the Township for the purposes of assessment and taxation in accordance with general law, the Charter and ordinances, and exercise all the powers of a Municipal Assessor pursuant to law.
b. 
Prepare the tax list and duplicate as required by law, and maintain adequate assessment records of each and every parcel of real property assessed or exempted;
c. 
Have custody of and maintain an up-to-date Township Tax Map and provide for the recording thereon of all changes in ownership or character of the property;
d. 
Make appraisals of property for any municipal purpose upon direction of the Manager or the Director of Finance.
[Ord. No. 2523]
There shall be a Board of Assessments for Local Improvements, within the Division of Assessments. The Board shall consist of three members and shall be appointed by the Council pursuant to Chapter 56 of Title 40 of the Revised Statutes. The Board shall have the functions, powers and duties and shall follow the procedures prescribed by that chapter.
[Ord. No. 2523]
The head of the Division of the Treasury shall be the Treasurer. He shall, prior to his appointment, be qualified by training and experience in municipal tax and revenue administration who shall be appointed by the Township Manager. He shall:
a. 
Administer the work of the Division;
b. 
Have charge of the receipt, custody, deposit and disbursement of all funds belonging to or under the control of the Township or of any department, office or agency of the municipal government;
c. 
Disburse funds from the municipal treasury only upon warrant approved by the Manager;
d. 
Render regular accountings of his cash receipts and disbursements in which form and at such intervals as shall be required by the Manager.
[Ord. No. 2523]
The Treasurer, through the Division of Treasury, shall:
a. 
Deposit all funds received by the Division in such depositories as may be designated by resolution of the Council. All monies of the Township not required for current operations shall be invested pursuant to law, or shall be deposited in interest bearing accounts. All such interest shall be accounted for in the municipality's books of account.
b. 
Have custody of all investments and invested funds of the Township or in its possession in a fiduciary capacity, except as otherwise provided by law, and have the safe keeping of all bonds and notes for transfer, registration or exchange.
c. 
Receive and safely keep and disburse all monies raised and received for the public schools and keep separate accounts hereof; provided that no money shall be paid out of the public school funds by the collector treasurer except on warrant signed by the President and Secretary of the Board of Education pursuant to an order or resolution passed at a stated meeting of the Board of Education and entered in its minutes.
d. 
Make disbursements of Township funds upon an individual warrant check for each bill, claim, wage and salary payment, as approved by the Manager, and not otherwise.
e. 
The Treasurer also shall keep a full systematic account of all cash receipts and disbursements by the Division of the Treasury in proper books approved by Director of Finance. He shall at least once every month and more often if the Council requires, furnish the Council, through the Manager, with a statement of all monies received and expended by him, including school monies, subsequent to his last report. He shall annually, during the month of January, make a full report to the Council of his receipts and expenditures during the preceding calendar year, and shall, whenever required, lay before the Council for examination and audit all books, papers and vouchers pertaining to his office.
f. 
Maintain the Central Books of Account of the Township government according to such forms, standards and procedures as shall be prescribed or approved by the Director of Finance. Any and all Township officials shall upon request of the Supervisor of Accounts, place at his disposal all records, books, warrants, documents, bonds, reports and papers in their custody belonging to the Township which he may deem necessary to aid him in his duty of keeping such accounts.
g. 
Enforce the uniform system of accounts for all Departments of the Township government prescribed by the Director of Finance;
h. 
Pre-audit all payrolls, bills, claims and demands against the Township upon certification by a department head that the amount is due and unpaid according to the records and information of his department;
i. 
Require reports of receipts and disbursements from each department of the Township government to be made daily or at such intervals as will most efficiently protect the Township's interest;
j. 
Maintain a central payroll system, and all social security pension and insurance records required for municipal personnel;
k. 
Control all expenditures to assure that budget appropriations are not exceeded; pass upon each proposed expenditure for conformity with the charter and ordinances of the Township, and unless the division head shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no commitment or expenditure shall be made:
l. 
Keep books and records of account for the exercise of the foregoing financial and budgetary control over each department of the Township government and keep such accounts as will show the amount of each appropriation, the cumulative amount paid therefrom and the unpaid obligations and the unencumbered balance thereof.
[Ord. No. 2523]
The head of the Division of Collection shall be the Municipal Collector. He shall, prior to his appointment, be qualified by training and experience in municipal revenue collection methods and procedures, who shall be appointed by the Township Manager.
[Ord. No. 2523]
The Division of the Collections shall:
a. 
Receive and collect all current and delinquent real and personal property taxes, charge and receive penalties and interest pursuant to law, and account for all collections in such form and manner, and at such times, as may be prescribed or approved by the Director of Finance;
b. 
Make or cause to be made, and certify, searches for tax and other liens on real property in the Township as may be authorized by law, and charge and collect for the use of the municipality the fee required pursuant to law for any such search;
c. 
Perform the functions of a collector of taxes under general law, including, without limitation thereto, the preparation and mailing of tax bills, and the maintenance of tax accounting records in such manner as may be prescribed or approved by the Director of Finance; and assist the Assessor in preparation of the annual tax list and duplicate;
d. 
Deposit daily to the credit of the Township all monies received, in one or more depositories selected by the Council; maintain full and complete records and accounts of all sums collected and received, according to such procedures and systems as may be prescribed or approved by the Director of Finance and make such periodic reports and accountings of the funds of the Township collected, received and deposited as the Manager may require, which reports and accountings of the funds of the Township collected, received and deposited as the Manager may require, which reports and accountings shall be filed as a public record with the Municipal Clerk;
e. 
Compute and record water and sewer charges to consumer accounts from meter readings and other information furnished by the Division of Water and Sewers of the Department of Public Works, according to the rates duly established pursuant to the Charter and ordinances;
f. 
Render bills for water, sewer and miscellaneous charges to consumers, receive payments on account thereof; collect delinquent accounts and report the names of delinquent accounts which are more than six months past due to the Director of Finance;
g. 
Maintain adequate books and records to record all charges, payments, credits and delinquencies in water, sewer and miscellaneous accounts.
[Ord. No. 2523]
Within the Division of the Collections there shall be a Central Cashier's office. All cash receipts of the municipal government, except fines imposed for traffic violations or in the Municipal Court, shall be received and accounted for by the cashier. Until such time as the Manager shall determine that proper procedures have been established for such central receipt and collection of the various service charges, fees, and license fees required under the Charter or ordinance, they may be received and accounted for as heretofore.
[Ord. No. 2523]
a. 
No department, office or agency of the municipal government shall expend or commit any funds of the Township unless the Director of Finance or his assignee, shall first certify that there is an unencumbered balance of appropriation and funds available for the purpose.
b. 
Prior to payment of any bill, claim, demand against the Township, a department head shall certify that the materials, supplies or equipment have been received according to purchase order or that the work, labor or services have been rendered according to order or contract.
c. 
Disbursements in payment of bills, claims, and demands shall be made by the Treasurer upon pre-audit and warrant of the Director of Finance approved by the Manager. Every warrant shall be payable to the order of the person entitled to receive it, and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant check shall bear the signature of the Director of Finance, the Manager, the Treasurer, or the Mayor as the case may be.
[Ord. No. 2994]
The Tax Collector shall charge a fee of $50 for the issuance of a duplicate Tax Sale Certificate in the case of destruction or loss of a Tax Sale Certificate which has been issued at a municipal tax sale.
[Ord. No. 2996]
The service charge for a check returned for insufficient funds where checks or drafts have been submitted to the Township for payment of taxes or water and sewer shall be $20 per check.
The service charge authorized herein shall be collected in the same manner prescribed by law for the collection of the account for which the check was tendered. In addition, when appropriate, future payments shall be tendered in cash or certified funds on such account where a check payment is returned for insufficient funds.
[Ord. No. 2523; Ord. No. 2624; Ord. No. 2857 § 1; Ord. No. 2897; Ord. No. 2992]
There shall be a Department of Public Works, the head of which shall be the Director of Public Works.
[Ord. No. 2523; Ord. No. 2624; Ord. No. 2827; Ord. No. 2992]
The Director of Public Works shall be responsible for the proper and efficient conduct of all public works functions of the municipal government and shall supervise and direct the work of the Public Works Department. Subject to the supervision and direction of the Township Manager, he shall administer the work of the Department through such divisions as are provided by this section and otherwise.
[Ord. No. 2992]
a. 
Develops, administers, and implements a variety of public works programs including but not limited to the construction, reconstruction, and improvements of streets, roads, bridges, public buildings, water and sewer facilities, and recreation facilities.
b. 
Establishes priorities among work programs and implements plans.
c. 
Manages work operations and/or functional programs, and has responsibility for employee evaluations and for effectively recommending the hiring, firing, promoting, demoting, and/or disciplining of employees.
d. 
Coordinates the work plans of various functional units.
e. 
Prepares, inspects, and approves plans and specifications, and consults with general contractors on construction projects.
f. 
Prepares the annual capital improvements budget.
g. 
May review and approve engineering plans and specifications prior to implementation.
h. 
Supervises the use of equipment.
i. 
Supervises the maintenance of records and files.
j. 
Prepares reports and correspondence.
[Ord. No. 2992]
Possession of a Bachelor's Degree from an accredited college or university. (Note: Persons who do not meet the above education requirement may substitute additional experience as described below on a year-for-year basis with 30 semester hour credits being equal to one year of experience).
[Ord. No. 2992]
Six years of experience in the development, administration and implementation of public works or other similar construction/maintenance programs, including responsibility for budgeting and supervision, four years of which shall have included management responsibilities.
[Ord. No. 2992]
a. 
Knowledge of techniques used to plan for effective use of available funds, personnel, equipment, materials and supplies.
b. 
Knowledge of management principles and techniques.
c. 
Knowledge of procedures used to make routine and complex repairs to water and sewer equipment, and in the construction, maintenance, and repair of streets and roads.
d. 
Knowledge of construction plans and specifications.
e. 
Knowledge of problems and procedures used in engineering design and supervision of construction projects (when engineering functions are performed).
f. 
Knowledge of problems involved in supervision of various public works construction and maintenance projects.
g. 
Ability to coordinate varied interrelated departmental programs and activities.
h. 
Ability to read and interpret rules, regulations, policies, and procedures related to the organizational unit, and apply them to specific situations.
i. 
Ability to apply management principles and techniques to problematic and other situations.
j. 
Ability to apply knowledge of theoretical and practical engineering principles and methods (when engineering functions are performed).
k. 
Ability to supervise the work of subordinate staff.
l. 
Ability to read, analyze, and interpret construction plans and specifications.
m. 
Ability to work harmoniously with general contractors, associates, and subordinates, and others involved in public works programs and activities.
n. 
Ability to participate in the development of construction projects.
o. 
Ability to prepare reports and correspondence.
p. 
Ability to establish and maintain records and files.
q. 
Ability to utilize various types of electronic and/or manual recording and information systems used by the Township of Belleville.
[Ord. No. 2624; Ord. No. 2897]
There shall be appointed a Township Engineer in accordance with N.J.S.A. 40A:9-140. The Township Engineer shall report to the Superintendent of Public Works.
[Ord. No. 2523; Ord. No. 2624; Ord. No. 2589; Ord. No. 2807; Ord. No. 2897]
The work of the Department of Public Works shall be organized within and among divisions as follows:
a. 
Office of Superintendent.
b. 
Division of Buildings and Grounds.
c. 
Division of Sanitation.
d. 
Division of Shade Tree Maintenance.
e. 
Division of Street, Water and Sewer Maintenance.
f. 
Division of Equipment Maintenance.
[Ord. No. 2523; Ord. No. 2624; Ord. No. 2897]
The Office of Superintendent of Public Works shall:
a. 
Administer, direct and control all of the operations of the Department.
b. 
Through the Township Engineer, the office shall:
1. 
Prepare plans and specifications for public works and improvements including sewerage and water supply and distribution facilities, undertaken by the Township either on force account or by contract and supervise and inspect all work done thereunder;
2. 
Provide and maintain maps, plans and specifications, surveys and operating records with respect to public property, works and facilities owned or operated by current basis;
3. 
Supervise the performance of any public contracts for scavenger services and street lighting, and the operations of scavengers engaged in private contract work within the Township;
4. 
Issue such certificates as may be necessary and approve all bills with respect to work performed under the Department;
5. 
Issue certificates as to liability for assessment for municipal improvements, pursuant to law (N.J.S.A. 54:5-18.1 et seq.);
6. 
Inspect and approve the installation of improvements required pursuant to law as a condition of approval of real estate subdivisions;
7. 
Perform such other and different engineering services, and make such reports as may be required by Charter or ordinance or by the Manager.
[Ord. No. 2523; Ord. No. 2589; Ord. No. 2759 § 1; Ord. No. 2897]
The Division of Buildings and Grounds shall:
a. 
Provide for the maintenance of all public buildings and grounds, except those buildings wherein educational departments are quartered.
b. 
Operate, maintain, clean and repair as needed all municipal buildings other than education department quarters.
c. 
Provide for the development and maintenance of all Township parks, recreational grounds and structures thereon.
d. 
Perform such functions as required by the Superintendent of Public Works or the Manager.
[Ord. No. 2523; Ord. No. 2897]
The Division of Sanitation shall:
a. 
Plan, administer, control and provide for the collection, removal and disposal of all garbage and refuse within the Township;
b. 
Plan, establish and maintain a program and system of garbage and refuse recycling;
c. 
Plan, establish and control the collection and composting of leaves, grass and garden clippings.
[Ord. No. 2897]
The Division of Shade Tree Maintenance shall provide for the regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the municipality.
[Ord. No. 2523; Ord. No. 2897]
The Division of Street, Water and Sewer Maintenance shall:
a. 
Maintain, clean and repair streets and roads of the Township;
b. 
Construct public street, sewers, drains, water lines, public buildings, and parking lots, as directed by the Superintendent of Public Works and the Township Engineer;
c. 
Plan, administer and control snow removal on streets and roads, as need appears, within the limits of available appropriations;
d. 
Maintain catch basins, drains and facilities of the municipal drainage system in a sound condition for efficient operations;
e. 
Control and supervise the use of all Township equipment, maintenance buildings and storage areas used by the Department;
f. 
Maintain, clean and repair all bridges and overpasses of the Township;
g. 
Operate, maintain and repair the municipal sanitary sewerage system;
h. 
Operate, maintain and repair the municipal water supply and distribution system, including wells, booster stations and appurtenances;
i. 
Conduct such tests and maintain such records and files as are required for the water and sewerage system operations;
j. 
Repair and maintenance of traffic signals and installation and maintenance of signs, street markings and parking meters.
[Ord. No. 2897]
The Division of Equipment Maintenance shall maintain and repair all automotive and mechanical equipment of the Township.
[1]
Editor's Note: Prior ordinance history - Ord. Nos. 2523, 2597, 2759 and 2930.
[Ord. No. 2954 § 1]
There shall be a Department of Health and Human Services, the head of which shall be the Director of Health and Human Services. The Director shall be appointed by the Township Manager and shall be qualified by training and experience at the time of appointment. The Department shall be under the administrative control of the Township Manager.
[Ord. No. 2954 § 1]
a. 
Public health services;
b. 
Public health nursing and clinics;
c. 
Local public assistance;
d. 
Senior Citizen Affairs;
e. 
Vital statistics;
f. 
Youth Services.
[Ord. No. 2954 § 1]
The Department of Health and Human Services shall be divided into the following divisions to perform its functions:
a. 
Division of Health;
b. 
Division of Human Services.
[Ord. No. 2954 § 1]
Within the Department of Health and Human Services there shall be a Division of Health. Pursuant to N.J.S. 26:3-1 et seq., the Council shall be the duly constituted Board of Health. There shall also be appointed by the Township Manager a Health Officer and a Registrar of Vital Statistics, both who shall be qualified by education, training and experience at the time of appointment.
[Ord. No. 2954 § 1]
The Health Officer under the administrative supervision and control of the Manager shall act as executive officer for the Board when it is not in session. He shall make investigations for the Board and enforce the provisions of this chapter and other ordinances of the Board and perform such other duties as may be directed by the Board of Health. He shall have all the power and authority conferred by law upon the Board when he is performing such duties.
[Ord. No. 2954 § 1; Ord. No. 3117 § I; Ord. No. 3457]
a. 
The Registrar of Vital Statistics shall perform all duties required by the statutes of the State, and especially N.J.S. 26:8-1 et seq., such duties shall be required by the provisions of this Code and other ordinances of the Township.
b. 
In lieu of fees, the Registrar shall be entitled to such salary as shall be fixed in the annual Salary Ordinance of the Township.
c. 
The fee for birth, death and marriage transcripts supplied by the Registrar of Vital Statistics shall be in accordance with State Statutes.
d. 
The fee for a burial permit supplied by the Registrar of Vital Statistics shall be $1, which is in accordance with State Statutes.
e. 
Correction forms for birth, marriage and death transcripts supplied by the Registrar of Vital Statistics shall be $40, which is in accordance with State Statutes.
[Ord. No. 2954 § 1]
The Board of Health shall have the power to adopt such rules and regulations as it may deem necessary concerning any matter which involves the protection or promotion of health, and all persons concerned shall comply with the provisions thereof.
[Ord. No. 2954 § 1; Ord. No. 2970 § I]
There shall be a Division of Human Services within the Department of Health and Human Services. This Division shall be headed by a Director of Human Services and appointed by the Township Manager. There shall also be a Deputy Director of Human Services to assist the Director of Human Services in the performance of his duties. Under the direction of the Director of Human Services, the Deputy Director of Human Services shall assist in planning, organization, and coordination of the functions of the Division of Human Services as follows.
[Ord. No. 2954 § 1; Ord. No. 2970 § I]
The Division of Human Services shall:
a. 
Provide social services of family adjustment and rehabilitation, preventive and protection;
b. 
Participate in general community welfare interests, such as local unemployment, child care, senior citizen concerns, prevention of delinquencies;
c. 
Assume the responsibilities of those functions associated with Senior Citizen Affairs.
[Ord. No. 2954 § 1]
There shall be a Senior Citizen Advisory Board within the Division of Human Services. The Board shall consist of seven members to be appointed by the Municipal Council, each for a term of three years, except that of those first appointed, three shall be appointed for a term of one year, two shall be appointed for a term of two years and two shall be appointed for a term of three years. The members of the Board shall include the Presidents of the Senior Citizens Clubs known as the Tuesday Club, the Friday Club, the Belleville Chapter of the AARP and the Old Guard, or other organizations at the discretion of the Municipal Council. The members of the Board shall serve without compensation. The Board shall:
a. 
Consult with the Director of Human Services on matters involving senior citizen concerns.
b. 
Study the needs of the senior citizens of the Township and make reports and legislative recommendations to the Municipal Council for action.
[Ord. No. 2523]
There shall be a Department of Planning and Development under the administrative authority of the Township Manager. The head of this Department shall be a Director of Planning who shall be appointed by the Township Manager and qualified by education and experience as evidenced by a degree in municipal planning. The director's salary shall be fixed by the annual Salary Ordinance. He shall serve as a professional advisor and staff assistant to Division of Planning and as a Class II member of the Planning Board and Clerk to the Zoning Board of Adjustment.
[Ord. No. 2523]
The Department of Planning and Development shall consist of the Director, an Advisory Building Development Advisory Council, a Division of Planning and a Division of Zoning and Building. Together, the Department shall perform or supervise all appropriate functions associated with the following:
a. 
Professional services to the Planning Board and Board of Adjustment.
b. 
Economic and community development planning.
c. 
Code enforcement, including but not limited to:
1. 
Building construction.
2. 
Zoning.
3. 
Housing.
4. 
Environmental sanitation.
5. 
Fire.
d. 
Grant applications.
[Ord. No. 2523; Ord. No. 2812 § 1; Ord. No. 2997 § 1]
There shall be a Division of Planning within the Department of Planning and Building:
a. 
The Municipal Planning Board of nine members, heretofore created by ordinance, pursuant to Chapter 55 of Title 40 of the Revised Statutes, is continued within the Division, with the functions, powers and duties heretofore prescribed by ordinance. The Board shall consist of the following members pursuant to law:
Class I
Mayor, or the Mayor's designee
Class II
A municipal official to be appointed by the Mayor
Class III
A member of Council to be appointed by the Council
Class IV
8 other citizens of the municipality to be appointed by the Council
Each member of the Board shall serve without compensation for the term prescribed by law.
1. 
New appointees to the Municipal Planning Board shall be required to complete a training program within one year of appointment. Current members of the Municipal Planning Board are required to complete such training program within one year from the date of enactment of this section.
2. 
The training program shall be administered under the direction of the Director of Planning. The program shall consist of a minimum three hour course conducted by the Department of Planning and Development, the New Jersey Planning Officials, Rutgers University or other planning agency approved by the Director of Planning which may include an approved home study course administered by the Director of Planning. In the event of a vacancy of the office of Director of Planning, said training program may be administered by a professional planner, licensed by the State of New Jersey.
3. 
The provisions of this section shall apply to all members of the Planning Board with the exception of the Class I member, the Mayor.
4. 
Failure of any designated member to complete the training program as required by the Director of Planning within the time prescribed by this section may be grounds for removal of the member from the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1, et seq.
b. 
In addition to such other powers as may be delegated to it by general law or ordinance, the Planning Board shall submit annually to the Manager, not less than 90 days prior to the beginning of the budget year, a list of recommended capital improvements which in the opinion of the Board are necessary or desirable to be constructed during the forthcoming six-year period. Such list shall be arranged in order of preference, with recommendations as to the year in which the respective projects should be constructed.
c. 
The Director of Planning with the approval of the Mayor, shall serve as the Class II member of the Board. If selected by the Board to serve as Secretary he shall receive, file and process applications and referrals for action by the Board, and shall attend its hearings, arrange for the publication of its public notices and keep a file of its minutes as required by law.
[Ord. No. 2523; Ord. No. 2812 § 2; Ord. No. 2997 § 2]
The Division of Zoning and Building shall consist of the Board of Adjustment and the Building Inspector.
a. 
The Board of Adjustment heretofore established by ordinance pursuant to N.J.S.A. 40:55-36 is continued within the Division of Zoning and Building. The Board shall consist of seven members and two alternates who shall be appointed by the Council for terms of three years heretofore established. The Board shall have and exercise the power conferred by general law and ordinance. The Director of Planning shall serve as its clerk and technical advisor.
1. 
New appointees to the Board of Adjustment shall be required to complete a training program within one year of appointment. Current members of the Board of Adjustment are required to complete such training program within one year from the date of enactment of this section.
2. 
The training program shall be administered under the direction of the Director of Planning. The program shall consist of a minimum three hour course conducted by the Department of Planning and Development, the New Jersey Planning Officials, Rutgers University or other planning agency approved by the Director of Planning which may include an approved home study course administered by the Director of Planning. In the event of a vacancy of the office of Director of Planning, said training program may be administered by a professional planner, licensed by the State of New Jersey.
3. 
The provisions of this section shall apply to all members of the Board of Adjustment.
4. 
Failure of any designated member to complete the training program as required by the Director of Planning within the time prescribed by this section may be grounds for removal of the member from the Board of Adjustment pursuant to the provisions of N.J.S.A. 40:55D-1, et seq.
b. 
There shall be a Construction Code Enforcement Official within the Division of Zoning and Building. The Building Inspector shall prior to his appointment be qualified by training and experience as a Construction Code Enforcement Official or as a craftsman in one of the skilled building trades. He shall:
1. 
Administer and enforce the Township building code and other laws, ordinances and regulations conferring inspection duties upon him;
2. 
Serve as the Zoning Officer, without additional compensation and in that capacity he shall enforce the zoning ordinance;
3. 
Make inspections, require forms of application, and maintain records, files and maps, as may be necessary or desirable for the efficient discharge of his other powers and duties;
4. 
Supervise all other personnel whose positions are approved by the Council who are appointed by the Township Manager, to enforce the applicable State and local construction, fire, zoning, electrical and plumbing regulations.
[Ord. No. 2523; repealed by Ord. No. 2759]
[Ord. No. 2523]
There shall be a Historic Preservation Committee within the Department of Planning and Development. The Committee shall consist of seven members to be appointed by the Municipal Council, each for a term of three years, except that of those first appointed three shall be appointed for a term of one year and four for a term of two years. The members of the committee shall serve without compensation. The committee shall:
a. 
Consult with the Director of Planning concerning structures, buildings and sites of historical significance within the Township.
b. 
Study the historical significance of property, buildings and structures within the Township and make reports and recommendations concerning preservation of same to the Municipal Council for legislative action.
c. 
Collect, coordinate and exchange information with State and national historical preservation societies and make same available to the citizens of the Township.
[Ord. No. 2523; Ord. No. 3029]
There shall be a Rent Leveling Board within the Department of Planning and Development. The Board shall consist of seven members who shall serve without compensation and be appointed by the Municipal Council for a term of three years, except that of those first appointed three shall be appointed for a term of one year and four for a term of two years. The Secretary of the Rent Leveling Board shall be appointed by the Municipal Council for a term of one year from the date of appointment and until a successor shall have been legally appointed and qualified in his stead. The Board shall:
a. 
Consult with the Director of Planning concerning the availability, need and cost of residential rental property within the Township.
b. 
Study the residential rental market and make reports and recommendations to the Municipal Council for legislative action.
[Ord. No. 2523]
There shall be a Department of Recreation and Cultural Affairs under the administrative authority of the Township Manager.
[Ord. No. 2523]
The Department shall be headed by a Director who shall be qualified by education and experience. The Director shall be appointed by the Township Manager and his salary fixed by the annual Salary Ordinance.
[Ord. No. 2523]
The Department of Recreation and Cultural Affairs shall:
a. 
Provide a year round program of comprehensive recreational and cultural activities for all Township residents;
b. 
Cooperate with other municipal departments, service clubs and other organizations, in furthering recreational interests in the Township;
c. 
Plan, develop, and coordinate the use of recreational and park facilities;
d. 
Enter into agreements and understandings with the Board of Education of the Township for joint and cooperative program planning, use of facilities, and subject to approval of the manager, in coordination with the Director of Public Works/Township Engineer, the maintaining of school grounds, planning and employment of personnel.
[Ord. No. 2523; Ord. No. 3154; Ord. No. 3166; Ord. No. 3288]
The Director of Recreation and Cultural Affairs shall:
a. 
Administer the work of the Department with the assistance of such policy guides as may be provided by the Advisory Council.
b. 
Conduct studies of the present and future recreational and cultural needs of the Township, and develop immediate and long range plans, in consultation with the Advisory Council, for recommendation to the Manager and the Municipal Council;
c. 
Maintain records as may be required to control Department receipts, property and personnel, to evaluate programs, and to provide information for budgeting, public reporting, planning and financing of parks, and recreational and cultural programs.
d. 
Permit Fee Schedule.
The following permit fee schedule for the use of the Varsity Baseball Field, other fields and Turf Field is hereby established:
1. 
Recreational fields/facilities.
For permitted use of Belleville recreational fields/facilities, excluding Varsity Baseball Field, Turf Field and Special Events.
Rates in two hour time blocks for Belleville Non Profit Organizations and/or Residents
$50.
All other non Belleville organizations and/or Non Residents
$150.
Rates in three hour time blocks for Belleville Non Profit Organizations and/or Residents
$50.
All other Non Belleville organizations and/or Non Residents
$175.
2. 
Varsity Baseball Field*.
Rates in two hour time blocks for Belleville Non Profit Organizations and/or Residents
$50.
All other Non Belleville organizations and/or Non Residents
$250.
Rates in three hour time blocks for Belleville Non Profit Organizations and/or Residents
$50.
All other Non Belleville organizations and/or Non Residents
$275.
* Requires a $100 deposit.
3. 
Turf Field*.
Rates in three hour time blocks for Belleville Non Profit Organizations and/or Residents
$300.
All other Non Belleville organizations and/or Non Residents
$500.
* Requires a $200 deposit.
4. 
Special Event.
Requests shall be approved on a case by case basis after review of the Township Manager and approval by the Mayor/Council.
Rates in two hour time blocks for Belleville Non Profit Organizations and/or Residents:
$50.
All other Non Belleville organizations and/or Non Residents
$250.
Rates in three hour time blocks for Belleville Non Profit Organizations and/or Residents
$50.
All other Non Belleville organizations and/or Non Residents
$275.
* Requires a $100 deposit.
5. 
Waiver Clause- the Manager and Governing Body reserve the right under extraordinary circumstances, to waive the payment of any of the above fees. Such waiver shall not constitute a precedent.
6. 
All Belleville Non Profit Organization(s) and/or resident(s) requests must have an 80% Belleville Residency of participating members for each specifically approved event.
7. 
The Township of Belleville reserves the right to revoke a Permit to use the fields and refund the fee if, in its sole discretion if the field is unfit for safe use, or that the permitted use will cause damage to the field beyond normal wear and tear.
e. 
Fees for Participation in Recreation Department Activities.
Program
Fee
1.
Recreation Preschool Play Program
$200/Calendar Year/Pupil
2.
Belleville Adult Men's Softball League Entry Fee
$1,000/Team per season
[Ord. No. 2523; Ord. No. 3261]
Within the Department of Recreation and Cultural Affairs, there shall be an Advisory Council consisting of nine members to be appointed by the Council. Each member shall serve without compensation for a term of five years, except those first appointed. Three shall be appointed to serve for four years, three for three years, two for two years, and one for one year. Vacancies shall be filled for the unexpired term only.
[Ord. No. 2523]
a. 
The Council shall investigate, study and advise the Municipal Council with respect to the acquisition, establishment, improvement, maintenance and administration of new and existing public parks, area, playgrounds and places of public recreation, and recreational facilities and programs within the Township.
b. 
Consult with the Director of Recreation and Cultural Affairs on the work of the Department.
c. 
Investigate, study, advise, and suggest to the Director of Recreation and Cultural Affairs, the Township Manager and the Council, upon request, programs, affairs and events to address the recreational and cultural needs of the communities.
[Ord. No. 2523; Ord. No. 2882; Ord. No. 2904; Ord. No. 3103; Ord. No. 3133; Ord. No. 3181; Ord. No. 3186]
There shall be a Board of the Township known as the Trustees of the Free Public Library.
a. 
The Board of Trustees of the Free Public Library of Belleville shall consist of nine members, one of whom shall be the Mayor of the Municipality, and one of whom shall be the Superintendent of Schools. The seven other members shall be citizens appointed by the Mayor, at least four of whom shall be residents of the Municipality. The Mayor and the Superintendent of Schools may, respectively, appoint an alternate to act in his/her place instead with authority to attend all meetings of the Board and, in his/her absence, to vote on all questions before the Board.
b. 
The Trustees shall serve without compensation.
c. 
The Trustees shall have such powers and duties as now are or may hereafter be prescribed by law or by ordinance or resolution.
d. 
In accordance with N.J.S.A. 40:54-9, the initial appointments shall be for terms of one, two, three, four and five years, five years, and five years, respectively as they may be selected by the Mayor and shall be made with the consent of the governing body. Upon the expiration of the initial term of office of any Trustee, the Mayor shall appoint a citizen for a term of five years in the same manner as the original appointment was made. Vacancies occurring in the Board of Trustees, however, shall be filled for the unexpired term only, in the same manner as the original appointments are made.
e. 
Each term of office shall expire on December 31st.
f. 
All current appointments of members of the Trustees of the Free Public Library of Belleville are hereby amended as follows:
Trustee
Original Term Ending Date
New Term Ending Date
David Hinchey
4-11-2009
12-31-2009
Thomas McCrohan
9-12-2010
12-31-2010
Shirley Harris
11-28-2010
12-31-2010
George McManus
4-14-2011
12-31-2011
Margery Lordi
4-14-2011
12-31-2011
Florence Pentol (replaced Frank Perry)
1-9-2011
12-31-2012
New Vacancy
4-1-2011
12-31-2013
(Janice McManus resigned effective 12-31-2008)
g. 
All provisions of T.O. 2-9.7 inconsistent with the foregoing are repealed. This Ordinance amends Ordinances 3133 and 3181 and shall take effect after publication and passage according to law. In accordance with the resolution adopted on October 14, 2008, the effective date of Ordinance 3181 is stayed pending the passage and publication of this amending Ordinance.
[Ord. No. 3151]
a. 
Definitions relative to criminal history background ordinance:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Means a determination of whether a person has a criminal record by cross-referencing that persons name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
DEPARTMENT
Means the Township of Belleville Police Department.
NONPROFIT YOUTH SERVING ORGANIZATION OR ORGANIZATION
Means a corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes or other Law of the State and is exempt from Federal Income Taxes, but excluding public and nonpublic schools, and which provides sports related activities or services for persons younger than 18 years of age, in connection with Township of Belleville endorsed, sponsored or co-sponsored sports programs or leagues.
REVIEW COMMITTEE OR COMMITTEE
Shall mean a three member Committee consisting of the Director of Recreation, Township Manager and the Chief of Police. The Committee shall be charged with the review of all appeals by any employee or volunteer whose criminal history background check reveals a disqualifying criminal conviction.
VOLUNTEER
Shall mean any person involved with a Township of Belleville endorsed, sponsored or co-sponsored sports program or league who has unsupervised direct access to minors as a result of their involvement with the organization.
b. 
Requests for Criminal Background Checks; Costs. The Township of Belleville requires that all employees and volunteers of a nonprofit youth serving organization request through the Township of Belleville Police Department that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization. There shall be a thirty-day grace period for each new employee or volunteer of the youth serving organization to make application for this criminal history record background check.
The Township shall conduct a criminal history record background check only upon receipt of the written consent for the check from the prospective or current person with direct unsupervised access to minors.
The employee or volunteer shall bear the costs associated with conducting a criminal history background check in accordance with the fees established by the State Bureau of Identification in the Division of State Police and in accordance with N.J.S.A. 15A:3A-2(d).
The Division of State Police shall inform the Township of Belleville Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in paragraph c. Any information received by the Township of Belleville Police Department shall be confidential.
Any person who, by virtue of their occupation, is required by statute to undergo a Federal and State criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirements hereunder until three years has elapsed since the most current background check.
c. 
Conditions Under Which a Person is Disqualified from Service.
A person may be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:
In New Jersey, any crime or disorderly persons offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses as set forth in N.J.S.A. 2C:11-1, et seq., such as criminal homicide; N.J.S.A. 2C:12-1, et seq., such as assault, reckless endangerment, threats, stalking; N.J.S.A. 2C:13-1, et seq., such as kidnapping; N.J.S.A. 2C:14-1, et seq., such as sexual assault; or, N.J.S.A. 2C:15-1, et seq., such as robbery;
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1, et seq., such as endangering the welfare of a child;
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
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.
In any other State or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in this section.
d. 
Submission, Exchange of Background Information.
Prospective or current employees or volunteers of nonprofit youth serving organizations shall submit their names, address, fingerprints and written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the Police Department through the Chief of Police who shall coordinate the background check and refer the information to the State Police and FBI for the initial check. Thereafter, all subsequent background checks shall be submitted to the Township of Belleville Chief of Police, who shall coordinate a background check every three years after the date of the initial check.
The Township of Belleville Police Department shall act as a clearing house for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this Ordinance.
e. 
Limitations on Access and Use of Criminal History Record Information.
1. 
Access to criminal history record information for non-criminal justice purposes, including licensing and employment, is restricted to the members of the Review Committee, as authorized by Federal or State Statute, Rule or Regulation, Executive Order, Administrative Code, Local Ordinance or Resolution regarding obtaining and disseminating of criminal history record information obtained under this Ordinance.
2. 
The Review Committee shall limit their use of criminal history record information solely to the authorized person 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. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. Any person violating Federal or State Regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
f. 
Challenge of Accuracy of Report.
1. 
If a criminal history record may disqualify an employee or volunteer for any purpose, the Review Committee's determination shall be provided to the employee or volunteer with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The employee or volunteer shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record. The New Jersey State Police shall make the initial recommendation, based solely on the New Jersey State Statutes, to the Police Department who shall provide the information to the Review Committee. They shall advise the Review Committee whether or not the volunteer is being recommended. The Review Committee will receive a pre-printed form on each individual submitted to the State Police for a background check. One form will be for recommendation and the other will be for rejection. If there is a rejection, the Review Committee may still allow the employee or volunteer to participate. The New Jersey State Police will make a recommendation based on the record only. It is within the Review Committee's discretion to overturn the decision of the New Jersey State Police recommendation.
2. 
The Review Committee shall promptly notify a prospective or current employee or volunteer whose criminal history background check reveals a disqualifying conviction. The person shall have 30 days from the receipt of that notice to petition the Review Committee for a review and cite reasons substantiating the review.
3. 
Notwithstanding the provision of section 2.9.8(c) of this Ordinance, no person shall be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization on the basis of any conviction disclosed by a criminal history record background check, if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee shall consider the following factors:
(a) 
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
(b) 
The nature and seriousness of the offense;
(c) 
The circumstances under which the offense occurred;
(d) 
The date of the offense;
(e) 
The age of the person when the offense was committed;
(f) 
Whether the offense was an isolated or repeated incident;
(g) 
Any social conditions which may have contributed to the offense; and,
(h) 
Any evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.
4. 
The Review Committee shall promptly advise the organization, in writing, if a current or prospective employee or volunteer whose criminal history record background check reveals a disqualifying offense has affirmatively demonstrated rehabilitation under this section.
This subsection shall not apply to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.A. 2C:24-4; luring or enticing pursuant to section 1 of P.L. 1993, c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
When the Review Committee receives written notification from the Police Department stating whether the criminal history record background check of a current or prospective employee or volunteer performed pursuant to the provision of N.J.S.A. 15A:3A-4 reveals a disqualifying offense or stating that the person has affirmatively demonstrated rehabilitation under this act, the organization or Review Commission may file that written notification with the Police Department.
The Police Department shall keep the written notification on file for three years from the date it was issued.
The Review Commission may request the Police Department to review its files to determine if there is written notification on file stating whether a criminal history record background check of a current or prospective employee or volunteer revealed a disqualifying offense or stating that the person has affirmatively demonstrated rehabilitation under this act. A current or prospective employee or volunteer shall not be required to submit to another criminal history record background check if such written notification was issued within the past three years.
No person or entity shall be held liable in any civil or criminal action brought by any party based on any written notification on file with the Police Department pursuant to the provisions of this subsection.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2523; 2733; 2850; 01-2879; 2971; 3046; 3122.
[Ord. No. 2850 § I; Ord. No. 2971 § I; Ord. No. 3046 § I; Ord. No. 3347; Ord. No. 3428]
There is hereby created in and for the Township of Belleville, in the County of Essex and State of New Jersey, a Police Department. The Police Department shall be known as the Belleville Police Department. The Department shall perform or supervise all appropriate functions associated with:
a. 
Enforcement of the laws of the State and the ordinances of the Township, preservation of public peace and protection of persons and property;
b. 
Traffic enforcement;
c. 
Animal control;
d. 
Police communications systems;
e. 
Crime prevention programs, education and awareness.
[Ord. No. 2523; Ord. No. 2733 § III; Ord. No. 2783; Ord. No. 2850 § I; Ord. No. 01-2879 § 2; Ord. No. 2971 § I; Ord. No. 3046 § I; Ord. No. 3347; Ord. No. 3428]
The Department shall consist of and include the following ranks and members therein:
a. 
One Chief of Police.
b. 
One Deputy Chief.
c. 
Five Captains.
d. 
Nine Lieutenants.
e. 
Nineteen Sergeants.
f. 
Patrolmen - the number of patrolmen to be determined by the necessity to properly provide police protection and safety within the said Township of Belleville, New Jersey, within the constraints of the Annual Budget of the Township of Belleville.
g. 
Special Law Enforcement Officers - The Township of Belleville shall appoint special law enforcement officers pursuant to N.J.S.A. 40A:14-146.8 et seq.
[Ord. No. 2850 § 1; Ord. No. 01-2879 § III; Ord. No. 2971 § I; Ord. No. 3046 § I; Ord. No. 3428]
There is hereby created within the Police Department, the position of Chief of Police, who shall be appointed by the Township Manager and his salary fixed by the annual salary ordinance. The Chief of Police shall be directly responsible to the Township Manager as the appropriate authority for the efficiency and routine day-to-day operations thereof, pursuant to policies established by the appropriate authority under N.J.S.A. 40A:14-118.
a. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
b. 
Have, exercise, and discharge the functions, powers and duties of the force.
c. 
Prescribe the duties and assignments of all subordinates and other personnel.
d. 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and
e. 
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.
[Ord. No. 3062 §§ I — III; Ord. No. 3070 § I; Ord. No. 3080 § I; Ord. No. 3428]
In accordance with N.J.S.A. 40A:14-118, the Township Manager of the Township of Belleville is hereby designated as the Appropriate Authority and is hereby vested with the powers and duties of an Appropriate Authority as delegated by law.
[Ord. No. 3122; Ord. No. 3428]
The Township Manager as the "Appropriate Authority" shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations. All employees of the Police Department shall be subject to such rules and regulations and penalties.[1]
[1]
Editor's Note: See also Section 2-10B.
[Ord. No. 3428]
Discipline of employees and police officers will be imposed consistent with New Jersey State statutes and the Rules and Regulations of the Belleville Police Department. Employees may be subject to discipline for violating laws, statutes, ordinances, rules and regulations and written directives.
[Ord. No. 3428]
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The selection criteria for a police officer shall be established in accordance with N.J.A.C. 4A:4-1.1 et seq.
[Ord. No. 3428]
Personnel shall be required to complete a working test period in accordance with N.J.A.C. 4A:4-5.1 et seq.
[Ord. No. 3091]
There shall be established within the Township of Belleville an Auxiliary Police Organization adhering to all the qualifications, rules, regulations, and procedures included herein.
[Ord. No. 3091 § 1]
This section is passed, promulgated, and shall be interpreted in accordance with Chapter 251 of the Laws of 1942, as amended and supplemented by N.J.S.A. 59, Appendix A:0-45, Governor's Executive Order No. 101, dated December 17, 1980, Directive No. 28 (Governor's Proclamation of Auxiliary Police Powers), Directive No. 30 (Governor's Regulation for Training Auxiliary Policemen or Regular Police Force) and all information bulletins and regulations and executive orders promulgated pursuant to the authority of law by the Governor of the State of New Jersey in furtherance of the Emergency Management Organization (Civil Defense or Civil Defense Disaster Control) of the State of New Jersey.
[Ord. No. 3091 § 2]
a. 
The Auxiliary Police shall consist of not more than 20 active members.
b. 
As a condition for membership and continued membership in the organization, each member shall:
1. 
Be a citizen of the United States, the State of New Jersey, and a resident of the Township of Belleville.
2. 
Be between the ages of 21 and 65 years of age.
3. 
Be of good moral character and physically qualified to perform the duties assigned.
4. 
Possess a current and valid New Jersey driver's license.
5. 
Pass a criminal background check and fingerprint.
6. 
Be able to speak and understand the English language.
7. 
Pass a physical examination and drug screening by the Police Department's Physician.
8. 
Complete the required basic Auxiliary Police training course.
9. 
Appointed personnel must be registered as a member of the local Emergency Management Organization and must take a loyalty oath that reads as follows:
I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New Jersey, and that I will bear faith and allegiance to the same and to the Governments established by the United States and in this State, under the authority of the people, so help me, God.
10. 
Shall wear a uniform as designated by the Township of Belleville Chief of Police with characteristics that distinguish their uniform from that of the Belleville Police Department.
c. 
Procedures for New Members. Any person who wants to join the Township of Belleville Auxiliary Police Organization must meet the standards of paragraph b above. He/she shall then complete the following:
1. 
Submit in writing a request for members to the Township of Belleville Chief of Police, requesting an application for the Auxiliary Police.
2. 
The Township of Belleville Police Department will mail or deliver the Auxiliary Police application to the applicant.
3. 
The application will be completed by the applicant and returned to the Chief or Liaison of the Township of Belleville Police Department.
4. 
The Chief or Liaison, upon receiving the application shall then date and time-stamp said application.
5. 
The Township of Belleville Police Department Chief or Liaison will then conduct a criminal background check, Division of Motor Vehicles check and further background check as needed to satisfy the requirements of becoming an Auxiliary Police member.
6. 
Upon completion of the background check, the Township of Belleville Police Department Chief or Liaison will then conduct an interview with the applicant.
7. 
The applicant is then required to pass a physical examination and drug screening by the Township of Belleville Police Department's Physician.
8. 
Pending the results of the applicant's physical examination and drug screening, the process will continue.
9. 
If the applicant has satisfactorily completed all the requirements of becoming an Auxiliary Police member, the Township of Belleville Police Department Chief of Police will submit in writing a request to the Township Manager to have him/her appointed to the organization.
d. 
All appointments to and termination from the organization shall be submitted to the Township Manager for his review and approval.
[Ord. No. 3091 § 3]
a. 
All members of the Auxiliary Police Organization are required to complete the basic Auxiliary Police course as prescribed by the State Police Advisory Committee prior to being assigned any responsibilities.
b. 
Members may be assigned to the Chief of Police or his/her designee, for the purpose of training, as prescribed by executive order and directives.
[Ord. No. 3091 § 4]
a. 
The precise implementation of the local Auxiliary Police will be the responsibility of the Township of Belleville Police Chief or his/her designee.
b. 
The assignment(s) of the Auxiliary Police to an emergency, disaster, or training mission will be requested by the Chief of Police or his/her designee by the Township of Belleville OEM Coordinator.
c. 
Auxiliary Police detailed for duty must adhere to the following procedures before assuming his/her assignments:
1. 
Report to the Township of Belleville Police Headquarters personally and log in his/her name, date, and time of reporting and specific assignment in the Auxiliary Police docket;
2. 
Upon completion of assignment, whether an emergency or training mission, signs out personally in the Auxiliary Police docket at Police headquarters (date and time completed and signature). Should any unusual incident occur during his/her tour of duty, he/she will notify the Township of Belleville Police Department's Tour Commander.
d. 
Auxiliary Police properly summoned and assigned to duty are covered by State Statutes. Furthermore, the Auxiliary Officer will be covered by insurance provided by the Township of Belleville, in case of injury or death while in the performance of his/her duties.
e. 
In the event of an extreme emergency or disaster, every effort will be made to comply with all rules and regulations pertaining to the Auxiliary Police activities, but if action has to be taken immediately, verbal approval should be obtained from the Township of Belleville Chief of Police, or the person in charge of the Township of Belleville Police Department at the time of the emergency.
f. 
All members of the Auxiliary Police, when properly assigned, must follow and comply with all rules and regulations, policies and procedures of the Township of Belleville Police Department, as prescribed by the Chief of Police or his/her designee.
[Ord. No. 3091 § 5]
a. 
Auxiliary Police as defined in N.J.S.A. App. A:9-45. Personnel properly enrolled, trained, and certified according to the orders, rules and regulations of N.J.S.A. App. A:9-45 as an Auxiliary Police Member shall have the powers of a regular police officer during a designated emergency or properly assigned training mission.
b. 
All assignments of the Township of Belleville Auxiliary Police will be approved by the Chief of Police, or authority having this responsibility during an emergency, disaster, or training mission.
c. 
The Auxiliary Police may be used for, but not limited to, the following:
1. 
Traffic control.
2. 
Assisting the Township during an emergency.
3. 
Locating missing individuals.
4. 
Disseminating information.
5. 
Any other emergency deemed fit for their skills.
d. 
During any assignment, the Auxiliary Police will not be authorized to carry and/or use firearms.
e. 
During any assignment, the Auxiliary Police will not be authorized to carry and/or use mechanical or chemical devices unless approved by the Chief of Police.
[Ord. No. 3091 § 6]
The officers of the Auxiliary Police shall consist of one Captain, one Lieutenant and two Sergeants, all of whom shall be active members of the Auxiliary Police Organization.
a. 
Captain. The Captain is the highest commanding officer who has direct control over all Auxiliary Police members within his/her command.
1. 
He/she is responsible for the direction and control of the personnel under his/her command to assure the proper performance of duties and adherence to established rules, regulations, and procedures.
2. 
He/she shall be responsible for the punctual attendance of all personnel within his/her command and keep accurate and complete records of every member, attendance, training, and scheduling.
3. 
He/she is also responsible for the morale and discipline within his/her command.
4. 
He/she is responsible for communication of information through the chain of command as required.
5. 
He/she is responsible for the proper use and maintenance of the organization equipment, supplies, and material used.
6. 
He/she will insure that all members under his/her command have knowledge of the equipment.
7. 
He/she will make sure that all members under his/her command wear the organization's uniform at the time the uniform is required.
8. 
He/she will coordinate all work details between the Lieutenant and the Auxiliary Officers. The Captain will compile and certify, in the form of a yearly written report, all activities performed by the Auxiliary Police on a yearly basis and forward the report to the Police Department Liaison, as well as monthly reports.
b. 
Lieutenant. The Lieutenant is second-in-command and will be responsible for conducting operations of the Auxiliary Police in the absence of the Captain.
1. 
He/she is responsible for proper assignments of duty and the performance of those under his/her command.
2. 
He/she will be responsible for making sure all Auxiliary Police members are covered with the proper insurance provided by the Township of Belleville.
3. 
Make sure all members are signing in and out in the logbook and keep accurate records of the details.
4. 
Will direct and oversee the activities and functions of the Auxiliary Police Sergeants and give guidance when necessary.
5. 
Will perform evaluations of Auxiliary Police Officers and their performance and forward the report to the Auxiliary Police Captain.
6. 
Report any disciplinary problems under his command to the Auxiliary Police Captain.
c. 
Sergeant. The Sergeants will be assigned to a squad. The organization consists of two Sergeants. Active members can only be appointed to the rank of Sergeant after completing the basic Auxiliary Police course.
d. 
Captain. The Captain shall be the chief administrative officer of the organization and shall preside at all of its meetings.
e. 
Lieutenant. The Lieutenant shall perform the duties of the Captain in his/her absence.
f. 
Secretary. The Secretary shall maintain in the records of the organization, including all meetings, and correspondence to and from the organization.
g. 
Auxiliary Police Officer. The Auxiliary Police Officer shall complete a tour of duty as assigned by his/her supervisor(s).
1. 
He/she shall perform a minimum of 20 hours per calendar quarter.
2. 
He/she will be assigned a squad, and perform to the best of his/her ability.
3. 
He/she will follow all departmental policies and procedures, and rules and regulations of the organization.
4. 
Attend monthly meetings and training courses.
h. 
Police Liaison. The Police Liaison is a Township of Belleville Police Department member who is assigned by the Chief of Police. The Liaison shall be responsible for the operations of the Township of Belleville Auxiliary Police. Responsible, also, for appointing a training officer to see that all the Auxiliary Officers are properly trained. The Liaison has the authority to suspend or expel any members of the organization for just cause. He/she has the responsibility of preparing the organization's yearly budget.
i. 
Probationary Member. Any new member shall be on probation for a minimum of one year and upon completion of the basic Auxiliary' Police course prescribed by the State Police Advisory Committee. Probationary members may hold the office of Secretary.
[Ord. No. 3091 § 7]
a. 
Failure to obey a lawful order of a line officer, negligent or willfully improper conduct in his/her duties, and violation of the provisions of this section, or any other applicable ordinance or statute, or any rule or regulation adopted thereunder of the bylaws shall constitute grounds for suspension and/or expulsion from the organization.
b. 
If the Township of Belleville Police Department's Liaison, Auxiliary Police Captain, or any line officer has reason to believe that there are grounds for expulsion or suspension of any member of the organization for any reason set out in paragraph a above, he/she shall prepare a written statement of the charges against such a member. If such charges are made by a line officer, other than the Liaison or Auxiliary Police Captain, they shall submit the written charges to the Police Liaison.
c. 
The Police Chief shall fix a date, time, and place when such charges against the member shall be heard and served upon that member in a written copy. At that meeting, the Police Department Chief and Liaison will hear the charges made against such member by the line officer making such charges.
d. 
If any member is suspended from the organization, such member may appeal such suspension to the Township of Belleville Chief of Police. Such appeal shall be made by giving notice to the Township of Belleville Police Department Auxiliary Liaison within 10 days after notice of suspension is given to such member. The Township of Belleville Chief of Police shall hear the matter and may affirm such suspension if he/she finds the member guilty, or if he/she finds the member guilty but believes the penalty imposed to be unduly severe, he/she may reduce such penalty, or if he/she finds the member not guilty, he/she shall forthwith reinstate him/her as an active member of the organization.
e. 
If any member is expelled from the organization, such member may appeal such expulsion to the Township of Belleville Manager. Such appeal shall be made by giving a written notice to the Captain of the Auxiliary Police within 10 days after notice of the expulsion. The Captain of the organization will forward copies of the appeal to the Township Manager, and the Police Department's Liaison. The Township of Belleville Manager shall hear the matter and may affirm such expulsion if they find the member guilty, or if they find the member not guilty, they shall forthwith reinstate him/her as an active member of the organization.
[Ord. No. 3091 § 8]
The Township of Belleville shall provide the Auxiliary Police Officer with a uniform. This uniform will be the property of the Township of Belleville and must be returned at time of termination or resignation from the organization. The specific uniform worn will be outlined in the Police Department Standard Operating Procedures.
[Ord. No. 3417]
The Belleville Police Department Rules and Regulations have been developed to guide and assist employees in conducting themselves in a professional manner.
The revisions to the Belleville Police Department Rules and
Regulations have been undertaken to provide all employees of the Police Department with a more current guide to the proper performance of their assigned duties.
The rules and regulations will apply to all members of the Belleville Police Department. In the event there is a conflict between these Rules and Regulations and any collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law will prevail. In all cases, these rules and regulations will prevail.
The revised Belleville Police Department Rules and Regulation have been developed to guide and assist employees in conducting themselves in a professional manner. Adherence to the principles and guidelines that can be found within will reduce inappropriate behavior and the need for disciplinary action, and will enhance respect and appreciation by the community of our Police Department as professional branch of local government. The Chief of Police or his designee will be responsible for enforcing these rules and regulations.
The revised Belleville Department Rules and Regulations are attached hereto and made a part hereof by reference.[1]
[1]
Editor's Note: See also subsection 2-10.5.
[Ord. No. 3332 eff. 7-1-2012; Ord. No. 3338]
a. 
Definitions:
1. 
POLICE OFFICER - Shall mean any full time sworn Law Enforcement Officer employed by the Township of Belleville.
2. 
OUTSIDE EMPLOYER - Shall mean any individual, partnership, corporation, business entity, other than the Township of Belleville, which employs a police officer to perform the services of a security guard, traffic control officer, or plainclothes surveillance officer.
3. 
EXTRA DUTY - Shall mean any employment when a police officer is not scheduled for a shift of duty by the Belleville Police Department that is conditioned on the actual or potential use of law enforcement authority by the Police officer employee.
4. 
SECURITY GUARD - Shall mean a position of employment involving wearing of the Belleville Police Department Uniform and/or carrying a firearm or other dangerous weapon as defined by N.J.S.A. 2C:39-1.
5. 
TRAFFIC CONTROL OFFICER - Shall mean a position of employment involving wearing of the Belleville Police Department Uniform while directing traffic or overseeing traffic control within a work zone.
6. 
PLAINCLOTHES SURVEILLANCE OFFICER - Shall mean a position of employment involving the wearing or carrying a Belleville Badge and/or carrying of a firearm or other dangerous weapon as defined by N.J.S.A. 2C:39-1.
7. 
WORKERS COMPENSATION INSURANCE - Shall mean all forms of insurance, including self-insurance as required by N.J.S.A. 43:15-1 et seq.
8. 
WHILE IN THE EMPLOY OF THE EMPLOYER - Shall mean Ordinance No. 5330 all times when a police officer is scheduled and does work for an outside employer as a security guard, traffic control officer, or plainclothes surveillance officer.
9. 
EXTRA DUTY SCHEDULER - Shall be the police officer by the Policemen's Benevolent Association, Local 28, with the approval of the Chief of Police, to schedule and distribute the extra-duty assignments.
10. 
EXTRA DUTY ADMINISTRATOR - Shall be the secretary to the Chief of Police, who is a Township of Belleville employee who will administer all clerical duties in regard to applications, processing and billing to the outside employer and payroll processing, such duties shall be performed as required as part of the position.
11. 
TOWNSHIP - Shall be the Township of Belleville, New Jersey, Municipal Government.
12. 
POLICE DEPARTMENT - Shall be the Township of Belleville, New Jersey Police Department.
13. 
POLICE VEHICLE - Shall mean any marked, or unmarked vehicle owned by the Township of Belleville, used by the Police Department.
b. 
Any outside employer who employs a police officer while off duty to perform the aforesaid services without first having complied with the requirements of this section shall be subject to a fine of $500 or imprisonment of one day, or both, for each day it employs the police officer.
c. 
Any police officer who accepts or continues employment while off duty with an outside employer, who has not complied with the requirements of this section, shall be deemed in violation of the Rules and Regulations of the Belleville Police Department and shall be subject to appropriate discipline thereunder. The police officer shall, prior to accepting or continuing off duty employment, ascertain from the perspective outside employer whether it has complied with the provisions hereof. If an outside employer has not yet complied, the police officer shall not accept the prospective extra-duty employment.
d. 
Rates of Payment.
1. 
The rate of payment to the Township for police officers performing extra-duty security guard or plain clothes surveillance officer is between $26 to $65 per hour, minimum of four hours.
2. 
The rate of payment to the Township for police officers performing extra-duty services as a traffic control officer is $65 per hour, minimum of four hours.
3. 
The Township shall deposit $1.75 per hour for each and every extra-duty detail to the Township Account for offsetting costs of administering said ordinance.
4. 
The Township shall disburse $0.75 per hour for each and every extra-duty detail to the Extra-Duty Scheduler for services provided.
5. 
The Township shall disburse the remainder amount per hour to the police officer who performed the extra-duty service as a security guard or plainclothes surveillance officer.
6. 
The Township shall disburse the remainder amount per hour to the police officer who performed the extra-duty service as a traffic control officer.
7. 
Payments to the police officer and extra-duty scheduler shall be made in accordance with current payroll disbursement procedures of the Township.
8. 
The rate of payment to the Township for the use of police vehicles while in use during extra-duty services shall be $10 an hour.
e. 
The Chief of Police, with advice and consent of the Township Manager, may waive the requirements of this section for special events run by non-profit groups, community organizations, and church groups for carnivals, street fairs, flea markets, fund raising events, and any incidental, one time extra duty assignments in which the Chief of Police designates need for police officers to perform extra-duty details as a security guard, plainclothes surveillance officer, or traffic control officer to protect lives and property.
[1]
Editor's Note: Prior ordinance history, Ord. Nos. 3062; 3070; 3080; 3179.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2523, 2733, 2851, 01-2879 and 2963.
[Ord. No. 3082; Ord. No. 3221]
The Department shall be headed by the Fire Chief who shall be qualified by education and experience. He shall be appointed by the Township Manager and his salary fixed by the annual salary ordinance.
[Ord. No. 3082; Ord. No. 3221]
The Department shall perform or supervise all appropriate functions associated with:
a. 
Fire suppression/fire investigation.
b. 
Fire prevention and enforcement of the Uniform Fire Code.
c. 
Emergency medical services including ambulance rescue services.
d. 
Fire Department dispatch and communications.
e. 
Emergency management coordination.
f. 
Hazardous materials operations.
[Ord. No. 3082; Ord. No. 3221]
The Fire Department shall be organized pursuant to a plan proposed by the Fire Chief and submitted to the Municipal Council for approval by ordinance.
[Ord. No. 3082; Ord. No. 3221; Ord. No. 3434]
The Fire Department shall consist of and include the following ranks and members therein:
a. 
One Fire Chief;
b. 
Two Deputy Fire Chiefs;
c. 
Five Battalion Fire Chiefs;
d. 
Four Fire Captains;
e. 
Nine Fire Lieutenants;
f. 
One Fire Prevention Specialist;
g. 
One Fire Official Part-Time.
h. 
One Fire Inspector Part-Time.
[Ord. No. 3082; Ord. No. 3221]
The Fire Chief shall be responsible as the appropriate authority for the order, discipline, policies, and practices of the Fire Department.
[Ord. No. 2523]
The Municipal Court of the Township of Belleville is hereby created and established pursuant to N.J.S.A. 2A:8-1, in such case made and provided, with all the functions, powers, duties, privileges and jurisdiction now or hereafter conferred by law. Such Court shall have a seal which shall bear the impression of the name of the Court.
[Ord. No. 2523; Ord. No. 2816]
a. 
Appointment, Term and Compensation of Judges. There shall be two Municipal Judges of the Municipal Court duly appointed by the Council who shall preside over the Municipal Court. The Council shall designate one Judge as the Chief Judge who shall assume the prime administrative authority for the operation of the Municipal Court in accordance with the laws and rules governing the Courts of the State of New Jersey.
b. 
Qualifications. Each Municipal Judge shall have the qualifications required by law and shall be appointed for a term of three years, and until his or her successor is appointed and qualified. The annual compensation shall be fixed and determined in the Township Salary Ordinance and shall be in lieu of any and all other fees.
[Ord. No. 2523]
There shall be a Clerk of the Municipal Court who shall be appointed by the Township Manager. His annual compensation shall be fixed and determined by the annual Salary Ordinance. The Clerk shall perform such functions and duties as shall be prescribed by the law, the rules applicable to Municipal Courts and by the Municipal Judge.
[Ord. No. 2523]
There shall be a Deputy Clerk of the Municipal Court who shall be appointed by the Township Manager, whose annual compensation shall be fixed and determined by the annual Salary Ordinance. The Deputy Court Clerk shall assist the Court Clerk in the performance of his duties, set forth above.
[Ord. No. 2523]
The internal organization of the court shall be recommended by the Judge, approved by the Township Manager and submitted to the Township Council for approval by resolution. Appointments to any position approved by the Council shall be made by the Township Manager.
[Ord. No. 2655 § 1; Ord. No. 2275 § 1]
The Municipal Court fee schedule shall permit the charging of an application fee of not more than $200 for representation by the Municipal Public Defender, provided, however, that the court may waive this 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. 2523; Ord. No. 2590; Ord. No. 2639; Ord. No. 2670]
An Office of the Township Attorney is hereby created which shall be directed by the Township Attorney. Under this Office shall be an Assistant Township Attorney/Municipal Prosecutor and such additional attorneys and clerical staff, technical and professional assistants as the Council may authorize for special or regular employment in the Office of the Township Attorney.
[Ord. No. 2523]
The internal organization of the office of the Township Attorney shall be recommended by the Township Attorney approved by the Township Manager and submitted to the Council for approval by resolution.
[Ord. No. 2523]
The Township Attorney shall be appointed by the Council in accordance with N.J.S. 40A:9-139. Prior to appointment, the Attorney shall have been admitted to the practice of law in this State.
[Ord. No. 2523; Ord. No. 2670]
The Township Attorney shall be appointed by the Council for a term of one year from the date of appointment and until a qualified successor shall have been legally appointed and qualified.
[Ord. No. 2523]
The Township Attorney shall receive as an annual retainer as may be fixed in the annual Salary Ordinance adopted by the Council, and in addition to such retainer, he shall receive other compensation for legal services as he may be directed to perform during the year by the Council, upon presentation of a voucher sworn to as required by law.
[Ord. No. 2523; Ord. No. 2670]
The Township Attorney shall be in general charge of the Office of the Township Attorney. He shall be the legal advisor to the Council, Manager, departments and other municipal agencies except as may otherwise be provided by law. The Township Attorney shall prosecute and defend actions and proceedings by and against the Township, departments and agencies thereof. In furtherance of these powers, and without limitation thereof, he shall:
a. 
Attend all meetings of the Council.
b. 
Prepare or approve all ordinances and substantive resolutions prior to introduction and passage.
c. 
Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the Township.
d. 
Conduct appeals from orders, decisions or judgments affecting any interest of the Township as directed by the Council.
e. 
Subject to the approval of the Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.
f. 
Advise or render opinions upon any question of law pertaining to municipal affairs submitted to him by the Manager, the Council or any Council member.
g. 
Maintain a record of all actions, suits, proceedings and matters which relate to the Township's interest and report thereon from time to time as the Council or Manager may require.
h. 
Have such other and different functions, powers and duties as may be provided by Charter or ordinance.
i. 
With the consent of the Council, he is authorized to employ additional special counsel to aid in the trial, defense or argument of such causes or proceedings of importance in which the Township may be a party or be interested, as he may deem necessary.
j. 
Upon the expiration of his term of office or his resignation or removal therefrom, he shall forthwith surrender to the several Township officers charged with custody therefor all deeds, leases, conveyances, obligations, bonds, contracts, agreements, maps, reports or other papers in his hands belonging to the Township and shall deliver to his successor in office all legal papers, documents and other papers relating to business of the Township together with a written consent of substitution of his successor in all actions then pending and undetermined in which the Township is a party.
[Ord. No. 2523]
There is hereby created the position of Assistant Township Attorney, who shall be appointed by the Council. Prior to appointment, the Attorney shall have been admitted to the practice of law in this State.
[Ord. No. 2523; Ord. No. 2826]
The Assistant Township Attorney shall be appointed for a term of one year from the date of appointment and until a successor shall have been legally appointed and qualified in his stead. The term of the Assistant Township Attorney shall coincide with the term of the Township Attorney.
[Ord. No. 2523; Ord. No. 2590; Ord. No. 2639; Ord. No. 2747; Ord. No. 2826]
It shall be the duty of the Assistant Township Attorney to act under the direction of the Township Attorney, to assist in the prosecution and defense of actions and proceedings by and against the Township, departments and agencies thereof. It shall further be the duty of the Assistant Township Attorney in the capacity as Municipal Prosecutor, to prepare charges and complaints against and to appear in the appropriate court in the prosecution of every person charged with a violation of Township ordinances, motor vehicle violations, alcoholic beverage control violations and disorderly persons offenses. The Assistant Township Attorney in the capacity of Municipal Prosecutor shall also perform all duties in accordance with guidelines and regulations promulgated by the Office of the Attorney General of the State of New Jersey and the Essex County Prosecutor's Office.[1]
[1]
Editor's Note: Former subsections 2-13.10 through 2-13.13 pertaining to Municipal Prosecutor previously codified herein and containing portions of Ordinance No. 2747 was repealed in its entirety by Ordinance No. 2826. For provisions of Assistant Township Attorney in the capacity of Municipal Prosecutor, see subsection 2-13.9.
[Ord. No. 2826]
Compensation of the Assistant Township Attorney shall be fixed in the annual salary ordinance adopted by the Council.
[Ord. No. 2826]
There is hereby created the position of Assistant Municipal Prosecutor who shall be appointed by the Council. Prior to appointment the Assistant Municipal Prosecutor shall have been admitted to the practice of law in this State.
[Ord. No. 2826]
The Assistant Municipal Prosecutor shall be appointed for a term of one year from the date of appointment and said term shall coincide with the term of the Township Attorney and Assistant Township Attorney.
[Ord. No. 2826]
Compensation of the Assistant Municipal Prosecutor shall be fixed in the annual salary ordinance adopted by the Council.
[Ord. No. 2826]
It shall be the duty of the Assistant Municipal Prosecutor, under the direction of the Assistant Township Attorney, to prepare charges and complaints against and to appear in the appropriate Court in the prosecution of every person charged with a violation of Township ordinances, motor vehicle violations, alcoholic beverage control violations and disorderly persons offenses. The Assistant Municipal Prosecutor shall also perform all duties in accordance with guidelines and regulations promulgated by the Office of the Attorney General of the State of New Jersey and the Essex County Prosecutor's Office, under the direction of the Assistant Township Attorney.
[Ord. No. 2523]
All employees who are in the service of the Township on the effective date of this Code are transferred to the appropriate departments to which their respective functions, powers and duties, have been herein transferred. They shall not, by such transfer, be adversely affected in seniority, pension, promotion or salary rights.
[Ord. No. 2523]
Except as otherwise provided herein, all records and property of the Township are transferred to the respective departments to which the various functions are assigned by this Code.
[Ord. No. 2872]
The Municipal Council of the Township of Belleville hereby establishes a special committee to be known and designated as the Transportation Committee of the Township of Belleville.
[Ord. No. 2872]
The Transportation Committee of the Township of Belleville shall be empowered to exist and exercise the duties and powers delegated by the Municipal Council unless otherwise provided by further action of the Municipal Council.
[Ord. No. 3030]
The membership of the Transportation Committee shall consist of nine members which shall include one ex-official, the Police Chief, and seven citizens of the municipality. No member shall own or operate or work for any owner of a taxicab, limousine, livery and omnibus. The members shall be appointed by the Municipal Council of the Township and shall serve a term of four years each, except that of the original appointees, three shall be appointed for a term concurrent with the at-large Council members and four shall be appointed for a term concurrent with the ward Council members. Each Council Member shall appoint one member, if that Council Member does not run for re-election or is defeated or resigns that appointment follows their replacement. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only. The Transportation Committee shall elect a Chairman and Vice-Chairman from its members. The Secretary of the Transportation Committee shall be appointed by the Municipal Council for a term of one year from the date of appointment and until a successor shall have been legally appointed and qualified in his stead.
Meetings shall be held at the call of the Chairman and at such other times as the Committee may determine. All meetings shall be open to the public. The concurring vote of a majority of the members present shall be necessary to approve, refuse, or act upon any application or dispute. The Committee shall keep minutes of its proceedings showing the vote of each member upon each question, or if in the absence or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be a public record.
[Ord. No. 2872]
The duties of the Committee shall be to:
a. 
Oversee all taxicabs, limousines, buses, and livery licensed automobiles;
b. 
Administer the regulations of Chapter 7, Taxicabs, for the safety of the citizens of the Township of Belleville;
c. 
Issue or refuse to issue licenses or renewals thereof pursuant to the provisions of that chapter;
d. 
Have the power to refuse a license on the ground that public convenience currently does not require additional licensed taxicabs or that public safety will be best served by the refusal to issue any additional licenses or that the taxi stand desired is not in the interest of the public health, safety or welfare of the Township;
e. 
Approve the sale, assignment or transfer of a taxicab license;
f. 
Require, when deemed necessary, an application to be accompanied by a certificate of a licensed physician;
g. 
Hold a hearing, if requested, for an applicant to offer evidence why his application should be reconsidered;
h. 
Promulgate rules and regulations to provide safe transportation of the public and specify such safety equipment and regulatory devices as it shall deem necessary;
i. 
Examine any and all such licensed vehicles at any time or order any inspection at any time;
j. 
Approve the color of each taxicab;
k. 
Inspect any taximeter;
l. 
Post a legible schedule of meter rates;
m. 
Designate such areas and time as a driver can cruise in search of passengers;
n. 
Restrict the number of passengers in a taxicab;
o. 
Promulgate the regulation of advertising on the outside of taxicabs;
p. 
Make recommendations to the Municipal Council for the establishment of an open stand;
q. 
Prescribe the maximum number of taxicabs which may occupy any stand at one time;
r. 
Hold hearings for the suspension or revocation of a license;
s. 
Suspend, revoke or impose a fine if a licensee violates Chapter 7 of the Revised General Ordinances of the Township of Belleville; and
t. 
Make monthly reports to the Municipal Council, setting forth therein in detail the activities and operations of the Committee during the preceding month.
[Ord. No. 2879]
The Committee shall receive from all officials and all authorized boards, departments and officers of the Township of Belleville such assistance as may be required by the Committee in performance of the duties of the Committee. The Committee shall be given access to municipal records and information which may assist the Committee in the performance of its duties, subject to approval of the Township Manager, and in accordance with law.
[Ord. No. 2876; Ord. No. 2886]
In 1991, the New Jersey Legislature passed the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17, et seq. having determined that domestic violence is a serious crime against society affecting victims from all social and economic backgrounds. On January 18, 2000 Bill #:A-2876 (2R) was signed into Public law, amending N.J.S.A. 2C:25-20b(3) to require New Jersey law enforcement agencies to establish crisis intervention teams. Pursuant to the Act, crisis intervention teams of trained residents shall be formed to assist police authorities in dealing with domestic violence cases. The Belleville Domestic Violence Intervention Team would assist victims of domestic violence by providing information on available resources and referrals and acting as a liaison with the police and other agencies, as appropriate.
[Ord. No. 2876; Ord. No. 2886; Ord. No. 2902]
There is hereby created the Belleville Domestic Violence Intervention Team. The team shall consist of unlimited number of volunteers who shall be at least 21 years of age and bona fide residents of the County of Essex. All Team members shall serve without compensation. Interested persons shall complete an application form supplied by the Township, be fingerprinted by the Police Department, and subjected to a comprehensive background check and screening process. Members of the Team shall be appointed by resolution of the Township Council upon recommendations of the Mayor, Director of the Program, or Police Chief. The Township Council shall also by resolution and upon recommendation of the Mayor, Director of the Program, or Police Chief appoint certain Team members as coordinators. All coordinators and other Team members shall be supervised by the Police Department and shall serve at the discretion of the Township Council.
[Ord. No. 2876; Ord. No. 2886]
No person may serve as a Team member unless he/she shall first complete a forty-hour training program specializing in Domestic Violence Intervention Team matters. This training further provides confidentiality protection to the member in comportment with N.J.S.A. 2A:84A-22, et seq.
[Ord. No. 2876; Ord. No. 2886]
The functions and duties of the Domestic Violence Intervention Team shall include, but not limited to:
a. 
Meeting with victims of domestic violence to provide support, compassion and advice.
b. 
Providing information on available resources, appropriate victim assistance agencies, hot lines and similar support services, and serving as a liaison with police and other agencies as appropriate.
c. 
Such other functions and duties as may be established by the Police Department.
[Ord. No. 2876; Ord. No. 2886]
The Police Department shall prepare and submit to the Municipal Council an annual report summarizing the activities of the Team and any recommendations it sees fit to make.
[Ord. No. 3222]
There shall be a Department of Information Technology, the head of which shall be the Department Head (Unclassified). The Department Head shall be appointed by the Township Manager and shall be qualified by training and experience at the time of appointment. There shall be no other personnel authorized without the approval of the Township Council. The Department shall be under the administrative control of the Township manager.
[Ord. No. 3222]
The Department shall perform or supervise all appropriate functions associated with:
a. 
Under direction: repair, services, and maintain computer system(s) equipment and related peripheral devices; does related work as required.
b. 
Diagnosis, troubleshooting, and repair of microprocessor systems, related peripheral devices, and telecommunication hardware including digital controllers.
c. 
Diagnosis, troubleshooting, and repair of telecommunications hardware attached to minicomputers and/or mainframe computer based systems including key systems, communication controllers, circuit and board components, printers, modems, cables, terminals, connectors, and disk drives;
d. 
Diagnosis, troubleshooting, and repair of all personal computers and communications and peripheral equipment including memory boards, disk controllers, monitors, personal computer tape devices, hard disk, floppy disks, power supplies, electronics switches, multiplexers, modems, digital controllers, terminals, printers, cables, and connectors;
e. 
Assembling and/or configuring and testing microprocessors, minicomputers, and/or mainframe computer based systems according to user and/or application requirements, and tests prior to their release to field locations for installations;
f. 
Repairing electronic analog or digital computers and peripheral equipment, following schematics, diagrams, and handbook instructions;
g. 
Insert test programs and data in computer, and monitor processing from maintenance or operator's control panel; comparing system performance and output to predetermined standards to analyze cause of machine error or stoppage;
h. 
Operate and/or observe computer and peripheral equipment during system and trouble localization testing to locate defective circuits and isolate faulty units;
i. 
Testing suspect circuits, modules and components using oscilloscope and other instruments to diagnose defects;
j. 
Performing preventive maintenance duties such as cleaning unit, mass replacing of transistors, tubes, or electronic components, and testing circuitry by simulating extreme operating conditions to locate and replace marginal components;
k. 
Check new devices and/or systems for compliance with controller specifications;
l. 
Preparing regular, accurate, and informative reports relative to the operation and maintenance of microprocessor, minicomputer, and/or mainframe computer based systems and telecommunications hardware;
m. 
Instructing others in the proper field operation of assigned systems;
n. 
Maintaining a library of manufacturer's catalogues, operating instructions, and repair manuals for all equipment and providing updates with latest vendor technical newsletter releases as required;
o. 
Reviewing troubled date reports of equipment failures, completes circuitry for special controller sequences and campus wiring configuration for either voice or data applications including local area networks;
p. 
Troubleshooting telecommunications lines including in-house cable, lease lines, and digital circuits for all remote or local terminals and telecommunications hardware including those peripheral devices attached to a microprocessor, minicomputer, and/or mainframe computer;
q. 
Maintaining an inventory of frequently needed parts and supplies;
r. 
Preparing paperwork to order new parts, supplies, and equipment as required;
s. 
Determining whether sources of difficulty are hardware or software related and refers software problems to the appropriate area of responsibility;
t. 
Fabricating all types of computer cable for field or central sites as required;
u. 
Installation of all communication and peripheral computer equipment, lay cables and hook up electrical connections;
v. 
Shall be required to learn to utilize various types of electronics and/or manual recording and computerized information systems used by the Township of Belleville and/or related units.
[Ord. No. 3200]
The purpose of this section is to create the administrative mechanisms needed for the execution of the Township of Belleville's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
[Ord. No. 3200]
As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Belleville to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low - Moderate income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the Governing Body with the responsibility for oversight and administration of the affordable housing program for the Township of Belleville.
[Ord. No. 3200]
a. 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Township of Belleville.
b. 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part time municipal employee.
c. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Belleville, including the following responsibilities which may not be contracted out, exclusive of item c.6 which may be contracted out:
1. 
Serving the Township of Belleville's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households.
2. 
Monitoring the status of all restricted units in the Township of Belleville's Fair Share Plan.
3. 
Compiling, verifying and submitting annual reports as required by COAH.
4. 
Coordinating meetings with affordable Housing providers and Administrative Agents, as applicable.
5. 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketings as offered or approved by COAH.
6. 
If applicable, serving as Administrative Agent for some or all of the restricted units in the Township of Belleville as described in paragraph f below.
d. 
Subject to approval by COAH, the Township of Belleville may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Township of Belleville, except for those responsibilities which may not be contracted out to subsection c above. If the Township of Belleville contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
e. 
Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison.
f. 
Administrative powers and duties assigned to the Municipal Housing Liaison.
1. 
Affirmative Marketing.
(a) 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Township of Belleville and the provisions of N.J.A.C. 5:80-26.25; and
(b) 
Providing counseling or contracting to provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
2. 
Household Certification.
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low - or moderate income unit;
(c) 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility;
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant household with members working in the housing region where the units are located; and
(f) 
Employing the random selection process as provided in the Affirmative Marketing Plan of the Township of Belleville when referring households for certification to affordable units.
3. 
Affordability Controls.
(a) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note as appropriate;
(c) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 4:80-26-10.
4. 
Resale and Rental.
(a) 
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale; and
(b) 
Instituting and maintaining an effective means of communicating information to low and moderate income households regarding the availability of restricted units for resale or re-rental.
5. 
Processing Request from Unit Owners.
(a) 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of ownership;
(b) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and
(c) 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
6. 
Enforcement.
(a) 
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b) 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgment of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;
(c) 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made.
(d) 
Sending annual mailings to all owners of affordable dwellings units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) 
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by DCA;
(f) 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedure for administering such affordability controls; and
(g) 
Providing annual reports to COAH as required.
7. 
The Administrative Agent shall have authority to take all actions necessary and appropriate to carry its responsibilities hereunder.