[1]
Editor's Note: "Advisory Commission on Transit and Transportation". (R.O. 1966, § 2:2-10) repealed by Ord. 6 S+FA(S-1), 7-16-1986. See Transportation Commission, Section 2:2-78.
"Board of Alcoholic Beverage Control" (R.O. 1966 § 2:2-17)
repealed by Ord. 6 S+FA(S-1), 7-16-1986. Reestablished under Department
of Public Safety, Section 2-22.
"Commission for Neighborhood Conservation and Rehabilitation".
(R.O. 1966, § 2:2-28) repealed by Ord. 6 S+FA(S-1), 7-16-1986.
"Industrial Development Commission" (R.O. 1966 § 2:2-43)
repealed by Ord. 6 S+FA(S-1), 7-16-1986.
"Traffic Commission". (R.O. 1966, § 2:2-71) repealed by Ord. 6 S+FA(S-1), 7-16-1986. See Transportation Commission, Section 2:2-78.
"Local Defense Council". (R.O. 1966 § 2:2-33) repealed
by Ord. 6 S+FA(S-1), 7-16-1986. See Office of Emergency Management,
under the Department of Public Safety.
"Community Development Administration" (R.O. 1966 C.S. § 2:2-82) repealed by Ord. 6 S+FA(S-1), 7-16-1986.
"Narcotic Advisory Council". (R.O. 1966 C.S. § 2:2-86) repealed by Ord. 6 S+FA(S-1), 7-16-1986.
"Real Estate Commission". (R.O. 1966 C.S. § 2:2-112)
repealed by Ord. 6 S+FA(S-1), 7-16-1986. See Department of Economic
and Housing Development, Division of Property Management.
"Code Review Board". (R.O. 1966 C.S. § 2:2-119)
repealed by Ord. 6 S+FA(S-1), 7-16-1986.
"Newark Bicentennial Commission" (R.O. 1966 C.S. § 2:2-125)
ineffective as of June 30, 1984.
"Newark Film Commission". (R.O. 1966 C.S. § 2:2-134)
repealed by Ord. 6 S+FA(S-1), 7-16-1986.
[1]
Editor's Note: The Human Rights Commission, established by
Ord. on 1-7-1976, was repealed by Ord. 6 S+FA(S-1), 7-16-1986, which
further established the Office of Affirmative Action.
[Ord. 6 S+FA(S-1), 7-16-1986 § 12]
There shall be within the Office of the Mayor and Agencies an
Office of Affirmative Action, the head of which shall be the Manager
of the Office of Affirmative Action.
[Ord. 6 FS+FA (S-1), 7-16-1986 § 12]
The Office of Affirmative Action, under the supervision of the
Mayor, shall be responsible for the following duties:
a.
Ensure that neither women, the aged, the handicapped nor other minorities
are denied equal opportunity by virtue of their status.
b.
Assist and encourage affirmative action by the public and private
sector in providing economic opportunity to small, minority-owned
and women-owned businesses.
c.
Recommend legislative and policy changes to the Mayor and Municipal
Council as it deems appropriate to promote and expand employment and
economic opportunities for women, minorities and small businesses.
d.
Monitor the actions of the Municipal government and advise the Mayor
of any failure by the government to comply with the goals of equal
opportunity and affirmative action.
[Ord. 6 S+FD, 4-5-1995]
Prior to the expiration of five years from the passage of this
Ordinance (Section),[1] the Affirmative Action Review Council shall review the
Affirmative Action Program and make a determination and recommendation
as to whether remedial relief in employment and minority business
enterprise participation is still necessary. Such recommendation,
together with the recommendation of the Affirmative Action Officer
and the Business Administrator, shall be forwarded to the Mayor. If
the Mayor concurs, an Ordinance shall be prepared and submitted to
the Municipal Council setting forth the guidelines for relief. If
the Review Council determines that there is no necessity for continued
affirmative relief, then upon review and approval of such determination
by the Affirmative Action Officer, the Business Administrator and
the Mayor, and subject to the approval of the Municipal Council, the
Affirmative Action Program shall cease.
[1]
Editor's Note: Ordinance 6 S+FD 4-5-1995 was adopted on April
5, 1995.
[R.O. 1966 C.S. § 2:2-40.1; Ord.
6 S+FA(S-1), 7-16-1986 § 9; Ord. 6 S+FD, 4-5-1995]
The Affirmative Action Review Council is hereby established.
[R.O. 1966 C.S. § 2:2-40.2; Ord.
6 S+FG, 12-18-1985; Ord. 6 S+FM, 9-7-1988; Ord. 6 S+FD, 4-5-1995]
a.
The Affirmative Action Review Council shall consist of no more than
11 members to be appointed by the Mayor, subject to confirmation by
the Municipal Council. The Review Council shall include at least one
person from each of the following categories:
b.
The original appointees shall serve in the following manner: four
members for a term of one year, three members for a term of two years,
and four members for a term of three years. Each succeeding appointment
shall be for a term of three years. All appointments to fill vacancies
shall be for the unexpired term. The members shall serve without compensation.
c.
The Affirmative Action Review Council shall:
1.
Review compliance with the provisions of this section and of the
Affirmative Action Plan for Construction and the Affirmative Action
Plan for the purchase of goods and services then in force and adopted
by resolution of the Municipal Council.
2.
Review reports and recommendations of the Executive Director of the
Affirmative Action Program and the Minority Business and Employment
Development Officer.
3.
Review such requests for waivers of compliance with any of the goals
set forth in this section as may be recommended by the Affirmative
Action Officer and the Business Administrator for consideration by
the Review Council.
4.
Make appropriate recommendations to the Mayor and Municipal Council
concerning waivers, penalties and any other actions provided for in
this section.
[R.O. 1966 C.S. § 2:2-40.3; Ord.
6 S+FF, 5-21-1986; Ord. 6 S+F, 4-5-1995; Ord. 6 S+FD, 10-2-2002 § 1; Ord. 6 S+FB, 9-3-2003 § 1]
a.
1.
All construction contracts awarded by the City of Newark and all
agreements in connection with tax abatements, and development projects
of the City of Newark which involve municipal owned land, funding,
grants, loans, leasing and other special consideration entered into
by the City of Newark, including agreements for funding autonomous
or semiautonomous public and private entities, shall require full
compliance with the then current Affirmative Action Plan for Construction
and with the applicable provisions of this Ordinance (section). The
Ordinance (section) and Plan shall be part of all bid specifications
issued by the City of Newark or by any developer or contractor for
any construction project covered by this Ordinance (section) and a
copy of the developer or contractor's Affirmative Action Plan and
Reports shall be submitted by the Department of Economic & Housing
Development with all legislation for the Municipal Council's deliberation
in authorizing construction contract awards.
2.
It shall be the responsibility of the Director of the Department
of Economic and Housing Development to notify any developer or contractor
who shall undertake a construction project covered by this Ordinance
of their obligation.
(a)
Meet with the City Administration (Affirmative Action Office),
prior to undertaking construction projects in connection with tax
abatements, and development projects of the City of Newark which involve
Municipal owned land, funding, grants, loans, leasing and other special
consideration entered into by the City of Newark, including agreements
for funding autonomous or semiautonomous public and private entities.
(b)
Provide the City Administration (Affirmative Action Office),
and the Municipal Council (Office of the City Clerk) with a monthly
construction report detailing its affirmative action compliance with
regard to the progress. Said report shall include name, address, social
security number and ethnic background of the individual worker.
(c)
Provide the City Administration (Affirmative Action Office)
and the Municipal Council (Office of the City Clerk) with a monthly
report on minority contractors and minority subcontractors hired by
this action. Said report shall identify if the minority contractor
and minority subcontractor have State or local certification, the
ethnic background, name, address, the scope (type) of business, the
dollar amount of contract, and the percentage of the development contract
awarded to the contractor and subcontractor.
3.
The Director of Economic and Housing Development, the City Engineer
and the City Purchasing Agent shall comply with this Ordinance by
including the City's Affirmative Action Plan and the reporting requirements
on all RFP (Request for Proposal) or Request for Bids and Contracts,
which shall involve funds in excess of the State approved bid threshold
currently at $17,500.
b.
1.
A minimum of 25% of the total cost of any project, the cost of which
exceeds $11,100, which is the subject of construction contracts awarded
by the City of Newark shall be awarded to qualified minority enterprises
either through direct contracting, subcontracting or joint ventures.
A minimum of 25% of the aggregate cost of all construction contracts
in the amount of $11,100 or less entered into by the City of Newark
shall be awarded to qualified minority business enterprises.
2.
A minimum of 7% of the total cost of any project, which exceeds $11,100,
which is the subject of construction contracts awarded by the City
of Newark shall be awarded to qualified women's business enterprises
either through direct contracting, subcontracting or joint ventures.
A minimum of 7% of the aggregate cost of all construction contracts
in the amount of $11,100 or less entered into by the City of Newark
shall be awarded to qualified women's business enterprises.
c.
All agreements entered into by the City of Newark as set forth in
paragraph a of this section shall include the requirements that any
construction project, the cost of which exceeds $11,100 contracted
for by such public and private entities shall utilize qualified MBE's
for not less than 25% of the total construction cost, and qualified
women's business enterprises for not less than 7% of the total cost
of each project.
d.
All construction contracts awarded by the City of Newark and all
agreements entered into by the City of Newark as set forth in paragraph
a of this section shall provide monetary penalties to be imposed for
violation of the provisions of this Ordinance (Section) and the Affirmative
Action Plan for construction relating to minority business enterprises
as follows:
|
Contract Amount
|
Penalty Per Day of Noncompliance
|
|---|---|
|
$10,000 - 199,000
|
$250
|
|
$200,000 - 499,999
|
$500
|
|
$500,000 - 1,499,999
|
$600
|
|
$1,500,000 - 2,999,999
|
$700
|
|
$3,000,000 - 4,999,999
|
$800
|
|
$5,000,000 - and above
|
$1,200
|
e.
On all Municipal projects in excess of $2,500,000, the awarding agency
will include in its authorized appropriation 0.5% of its total project
development cost, to be used if necessary to finance the cost of outreach
and training programs for minority craft workers. If, in the opinion
of the Mayor of the City of Newark, this funding requirement threatens
the feasibility of a project, the Mayor may request from the State
Office of Affirmative Action a waiver of some or all of this 0.5%
funding requirement.
f.
Definitions. As used in this section:
1.
MINORITY BUSINESS ENTERPRISE — Shall mean a sole proprietorship
where the sole proprietor is a minority person or;
A business corporation where 51% of the interest in such corporation
is beneficially owned by minority persons and minority persons occupy
the majority of management and board positions and control all decisions
concerning the entity; or
A partnership where 51% of the partnership interest in such
partnership is beneficially owned by minority persons and minority
persons occupy the majority of management and partnership positions
and control all decisions concerning the entity; and
Which is certified as a bona fide minority business enterprise
by a certifying agency designated by the Mayor.
2.
WOMEN'S BUSINESS ENTERPRISE - Shall mean:
A sole proprietorship where the sole proprietor is a woman;
A business corporation where 51% of the interest in such corporation
is beneficially owned by women and women occupy the majority of management
and board positions and control all decisions concerning the entity;
or
A partnership where 51% of the partnership interest in such
partnership is beneficially owned by women and women occupy the majority
of management and partnership positions and control all decisions
concerning the entity; and
Which is certified as a bona fide women's business enterprise
by a certifying agency designated by the Mayor.
g.
Prior to the execution of a construction contract the director of
the City department or agency responsible for initiating such contract
for monitoring an agreement with an autonomous or semi-autonomous
entity, as set forth in paragraph a of this section, shall notify
the Affirmative Action Office that a developer has been selected.
In order to be eligible as an MBE, with the Affirmative Action
Plan for Construction, a business must be a sole proprietorship, partnership
or corporation at least 51% of which is owned and controlled by persons
who are African American, Hispanic, Asian American, Native American
which are defined as follows:
1.
African American - A person having origins in any of the groups of
Africa;
2.
Hispanic - A person of Mexican, Puerto Rican, Cuban, Central or South
American or other non-European Spanish culture or origin, regardless
of race.
3.
Asian American - A person having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian sub-continent, or the
Pacific Islands.
4.
Native American - A person having origins in any of the original
peoples of North America and who maintains cultural identification
through tribal affiliation or community recognition.
h.
Any developer or contractor performing construction work that does
not meet the minimum level of 25% minority business participation
and 7% women's business participation, may request a waiver of the
requirement. A request for a waiver shall include documentation of
the efforts made toward locating and enlisting minority and women
contractors, including the "good faith" criteria set forth in the
Affirmative Action Plan.
i.
In the event that minority business enterprises do not participate
in at least 25% of the total construction cost of a project, or women's
business enterprises do not participate in at least 7% of the total
construction of a project, and the Review Council determines that
the requirements for a waiver have not been met, it shall so inform
the Affirmative Action Officer, who shall forward such determination
to the Business Administrator, who shall forward it to the Mayor together
with a report and recommendation. After receipt of such report and
recommendation, the Mayor shall inform the Municipal Council of the
action taken with respect to enforcement of the terms of the agreement.
Such action may include one or more of the following:
1.
Requiring the contractor or developer to enforce his/her obligation
under contracts with subcontractors.
2.
Commencing an action or proceeding in arbitration as a third party
beneficiary.
3.
Withholding contract payments.
4.
Recommending termination or suspension of the contract, in whole
or in part, to the Municipal Council.
5.
Directing that the contractor not be permitted to bid on city contracts
for a specified period of time, not less than one year or more than
five years.
6.
Directing that the developer/contractor not be permitted to participate
in construction contracts in connection with tax abatements, grants,
loans or other special consideration by the City of Newark for a specified
period of time, not less than one year or more than five years.
7.
Imposing such monetary penalties for noncompliance, as set forth
in the contract.
8.
Taking any and all other actions available at law or equity for the
breach of a material condition of a contract.
[R.O. 1966 C.S. § 2:2-40.7; Ord.
6 S+FE 5-20-1987; Ord. 6 S+FD 2-17-1988; Ord. 6 S+FD 10-5-1988; Ord. 6 S+FD 4-5-1995]
Pursuant to P.L. 1985, C.482, the City of Newark hereby establishes
minority business enterprise set-aside and a women's business enterprise
set-aside progress program as a means of achieving the goal herein
adopted.
a.
Goals of the Set Aside Program.
1.
There is hereby established a goal of awarding no less than 25% of
City Contracts to minority-owned businesses for the purchase of goods
and services. In determining compliance with the 25% goal, the aggregate
cost of all such contracts within a fiscal year shall be considered.
2.
There is hereby established a goal awarding no less than 7% of the
City Contracts to women-owned businesses for the purchase of goods
and services. In determining compliance with the 7% goal, the aggregate
cost of all such contracts within a fiscal year shall be considered.
3.
The goal of 25% of minority-owned business and 7% for women-owned
business participation in City Contracts (a) direct contracts with
minority-business enterprises and non-women contractors to sub-contract
a portion of their total contracts to minority or women's business
enterprises; or (b) joint ventures.
4.
The percentage of the dollar value of the City's total procurement
to be filled by means of these set-aside programs and the process
for achieving same, shall be determined by the Affirmative Action
Officer after review by the Business Administrator. By October 1st
of each year, the Affirmative Action Officer shall meet with the Purchasing
Agent, Budget Director and the Law Department to determine what aggregate
procurements are to be made by the City and what contracts for goods,
equipment, construction or services shall be designated for the MBE
and WBE Set-Aside Programs. The Mayor shall make a report to the Municipal
Council indicating the goods and contracts to be included in that
fiscal year.
5.
A Set-Aside Contract is herein defined as a contract or sub-contract
specifically designated by the City of Newark as being for minority
business enterprises and/or women's business enterprises.
6.
The Mayor shall promulgate appropriate regulations to ensure that
the goals set forth in this Ordinance (section) are implemented by
the City. A copy of these regulations shall be placed on file in the
Office of the City Clerk.
b.
Standards of Eligibility for Minority-Business Enterprises and Women's
Business Enterprises.
1.
A business may be eligible as a minority business enterprise, a women's
business enterprise or any combination of the two.
2.
In order to be eligible as MBE or WBE, a business must both have
its principal place of business in New Jersey and be independently
owned and operated.
(a)
For purposes of these rules, a business shall be deemed to have
its principal place of business in New Jersey when:
(1)
It has been either incorporated or registered to do business
in New Jersey; and
(2)
Either 51% or more of its employees work in New Jersey, as evidenced
by the payment of New Jersey unemployment taxes, or 51% or more if
its business activities take place in New Jersey, as evidenced by
its payment of income or business taxes, if the business has been
in operation for one year or more.
(b)
For purposes of these rules, a business shall be deemed independently
owned and operated, if its management is responsible for both its
daily and its long term operation, and if its management owns at least
51% interest in the business.
3.
In order to be eligible as an MBE with the Set-Aside Program, a business
must be a sole proprietorship, partnership or corporation at least
51% of which is owned and controlled by persons who are Black, Hispanic,
Portuguese, Asian American, or American Indian, which are defined
as follows:
(a)
African American, having origins in any of the black racial
groups of Africa.
(b)
Hispanic: A person of Mexican, Puerto Rican, Cuban, Central
or South American or other Spanish culture or origin, regardless of
race.
(c)
Asian American: A person having origins in any of the original
people of the Far East, Southeast Asia, and Indian subcontinent, Hawaii
or the Pacific Islands.
(d)
Native Americans: A person having origins in any of the original
peoples of North America and who maintain cultural identification
through tribal affiliation or community recognition.
(e)
Portuguese American: A person of Portuguese, or other Portuguese
culture or origin, regardless of race.
4.
In order to be eligible as a WBE, a business must be a sole proprietorship,
partnership or corporation at least 51% of which is owned and controlled
by women.
c.
Registration Procedures for Minority Businesses and Women's Businesses.
1.
Any business which seeks to register as a minority owned business
and/or women-owned business must apply to the Set-Aside Program. For
these purposes, the Affirmative Action Officer or any other person(s)
designated shall prepare a Vendor Registration Form. This form shall
be available from either the Office of Affirmative Action, or the
Division of Central Purchasing.
From a compilation of these Vendor Registration Forms, the Affirmative
Action Officer or any other person(s) designated, shall maintain a
minority business enterprise and women's-business enterprise master
list which shall contain the names and addresses of all eligible businesses
for the Set-Aside Program. This list shall be updated and made current
on, as a minimum requirement, a yearly basis.
2.
As part of its registration with the Set-Aside Program, a business
shall reasonably document its principal place of business and independent
status, and, as appropriate, the character of its business. All applicants
must be certified as an MBE or WBE by an approved governmental State
agency or department.
(a)
If applicants fail to complete fully the Vendor Registration
Form or to provide proof of certification, the application may be
delayed or rejected.
(b)
If an applicant knowingly supplies incomplete or inaccurate
information, the applicant shall be disqualified and may be subject
to other penalties described in N.J.S. 17:12-6, 8.
d.
Notification Requirements and Procurement Process.
1.
When a business is accepted by the Set-Aside Program as a minority
business or women's business, the business will be added by the Set-Aside
Program onto the Set-Aside vendors list which shall be used in determining
whether the City has fulfilled its contracting goals, and shall be
minority and/or women's business and other purchasing and contracting
situations. There will be no limits to the number of businesses on
the various minority business and womens business bidders lists. Each
eligible applicant will be placed on that list or those lists for
which it is qualified.
2.
When a business is accepted as a minority business and/or womens
business, that business may bid on contracts which are specifically
set aside under this ordinance (section).
3.
A MBE or WBE applicant who has not received their certificate from
an approved governmental agency or department may by bid or such contracts
provide the business with their certification within five business
days after the bid opening date.
4.
Each contracting agency shall make a good faith effort to obtain
the goals established by the Administration. Contracting agency shall
be defined as the Local Purchasing Agency, the Director of the Department
of Engineering, and any other agency involved in the total procurement
process.
e.
Award Standards and the Affirmative Action Officer's Responsibility
for Monitoring Purchasing Agent's Compliance with these Provisions.
1.
Any contract specifically set aside for minority and/or women's businesses
must be competitively bid, either through public advertising or through
informal bidding, and may be awarded only if responsive bids from
at least two qualified bidders are received.
2.
The specifications for a set-aside contract shall clearly and conspicuously
state that an award may go only to a business duly registered with
and approved by the Set-Aside Program.
3.
The Affirmative Action Officer shall have the responsibility for
approving all solicitations of bids prior to their offering by the
Purchasing Agent. The Affirmative Action Officer shall further indicate
his approval on all contracts entered into by the Purchasing Agent
prior to their execution by the City and/or the submission of contracts
to the Municipal Council for its review and approval.
4.
All bids may be rejected on a Set-Aside contract and the contract
may be re-bid as an ordinary contract where:
(a)
In evaluating the WBE and/or MBE bids, the Purchasing Agent
or other City representatives charged with receiving bids determines
that acceptance of any of the bids would subject the City to an unreasonable
expense, or to a contract otherwise unacceptable pursuant to the City's
contracting and purchasing laws and rules;
(b)
The Purchasing Agent or other City representatives does not
receive at least two bids from qualified vendors approved as women
and/or minority businesses; and
(c)
The Minority Business Enterprises or Women's Business Enterprises
knowingly supplied false information on the business and the contract
would not otherwise have been awarded.
5.
Immediately after rejecting all bids, the Purchasing Agent or other
City representatives may, without any delay, re-bid the contract as
an ordinary award. Women and minority business bidders may participate
in this re-bidding process.
f.
Ineligibility for Future Contracts. Whenever an MBE or WBE knowingly
supplies false information resulting in the City's award of a contract
to which it would not have otherwise be entitled; or whenever an MBE
or WBE fails to enter into a contract with the City after being awarded
a contract for goods, services or construction; or whenever an MBE
or WBE fails to perform or adhere to any terms and conditions of the
contract, the Affirmative Action Office shall recommend the following
remedies or actions to the Governing Body:
1.
Assess against the business any difference between the contract and
what the Governing Body's cost would have been if the contract had
not been awarded in accordance with the provisions of this act;
2.
In addition to the amount due under paragraph 1, assess against the
business a penalty in an amount of not more than 10% of the amount
of the contract involved; and
3.
Order the business ineligible to transact any business with the Governing
Body or contracting agency of the Governing Body for a period to be
determined by the Governing Body.
Prior to any final determination, assessment or order under
this section, the Governing Body shall afford the business an opportunity
for a hearing on the reasons for the imposition of the penalties set
forth in paragraphs 1, 2 or 3 of this section.
[Ord. 6 S+FD 4-5-1995]
a.
The Affirmative Action Officer shall be charged with the duties of
overseeing on a day-to-day basis the implementation of this section
and the City's Affirmative Action Plan for Construction and Affirmative
Action Plan for the purchase of goods and services.
b.
The Affirmative Action Officer shall submit quarterly reports of
all implementation and monitoring activities to the Affirmative Action
Review Council. Copies of such reports shall be forwarded to the Mayor
and the Municipal Council.
c.
Additional responsibilities of the Affirmative Action Officer may
include the following:
1.
Developing and maintaining listings of Minority Business Enterprises
and Women's Business Enterprises in various trades and businesses;
2.
Collecting reports from City contracting agencies;
3.
Making appropriate recommendations to the Affirmative Action Review
Council and the Business Administrator;
4.
Devising and implementing procedures for increasing participation
of Minority Business Enterprises and Womens Business Enterprises in
City contracts;
5.
Devising and operating a grievance procedure for investigating and
resolving any complaints arising out of the implementation of this
ordinance (section);
6.
Other related and appropriate activities to further the intent of
this ordinance (section).
[Ord. 6 PSF-I, 7-17-2009 § 1; Ord. 6 PSF-E, 5-18-2011 § 1]
There is hereby established within the Office of the Mayor,
the Lesbian, Gay, Bisexual, Transgender and Questioning Concerns Advisory
Commission ("Commission").
[Ord. 6 PSF-I, 6-17-2009 § 2; Ord. 6 PSF-E, 5-18-2011 § 1; Ord.
6PSF-E, 8-6-2014; Ord. 6 PSF-A(S), 1-7-2016]
a.
The Commission shall consist of 11 members and two alternate members
all of which to be appointed by the Mayor, with the advice and consent
of the Municipal Council.[1]
At least two of the regular members shall be youth representatives
between the ages of 18 and 24. The following individuals or their
designated representatives shall be ex-officio members of the advisory
commission and are expected to attend Commission meetings regularly.
Directors of the City of Newark Department of Public Safety,
Neighborhood and Recreational Services, Economic and Housing Development,
Health and Community Wellness, Administration, Law, a representative
from the Office of the Mayor, a representative from the Office of
the Superintendent of the Newark Public Schools.
[1]
It is the intent of the Mayor and the Municipal Council that
Mayoral appointments be informed by and sensitive to the needs of
the LGBTQ Community as indicated by members of that community themselves.
b.
Members that are absent, without being excused by a majority of the
authorized members, from meetings for eight consecutive weeks, or
for three consecutive meetings, whichever time period shall be of
longer duration, within the term of office for the position held by
the member, shall be deemed to have resigned and their position vacant,
provided the procedure set forth in N.J.S.A. 40A:9-12.1 is followed,
thereby permitting the appointment by the Mayor of a replacement for
the unexpired term in accordance with that provision.
c.
Five regular members shall be initially appointed for a three-year
term; four regular members shall be appointed for a two-year term;
two regular members to serve a one-year term; and alternates shall
be appointed for one year terms. Each member shall serve until his/her
successor is duly appointed. Thereafter, all subsequent appointments
shall be for two year terms.
d.
The Commission shall have a Chairperson who shall be initially appointed
by the Mayor, who shall serve in that office for a two-year term.
Thereafter, the members of the Commission shall choose the Chairperson
from among their membership and the Chairperson shall have a two-year
term. No Chairperson shall serve more than a total of two terms. At
all times, at least nine of the members shall be City of Newark residents;
however, the Mayor shall have the authority to appoint no more than
two nonresidents as regular or alternate members, if it is deemed
by the Mayor and Council to be in the best interest of the City of
Newark and the LGBTQ community.
[Ord. 6 PSF-I, 6-17-2009 § 3; Ord. 6 PSF-E, 5-18-2011 § 1]
The Commission shall meet and organize at the call of the Chairperson
as soon as possible following the appointment of its members and may
create such other offices as it shall determine, and elect from among
its membership persons to serve in such offices and by laws to govern
the operation of the Commission. These by laws shall be filed in the
Office of the City Clerk. The Commission shall provide proper notice
of meetings, to the public and shall maintain appropriate minutes
and records in accordance with law and comply with the Open Public
Meetings Act, N.J.S.A. 10:4-1 et seq. and the Open Public Records
Act, N.J.S.A. 47:1A-1 et seq.
[Ord. 6 PSF-I, 6-17-2009 § 4; Ord. 6 PSF-E, 5-18-2011 § 1]
All members of the Commission are volunteers (excluding ex-officio
members who are City employees) and shall perform their duties without
compensation.
[Ord. 6 PSF-I, 6-17-2009 § 5; Ord. 6 PSF-E, 5-18-2011 § 1]
The Lesbian, Gay, Bisexual, Transgender and Questioning Concerns
Advisory Commission, under the supervision of the Office of the Mayor,
shall have the following advisory duties:
a.
Study, develop and recommend to the Mayor and Municipal Council,
policies, programs and practices which can be effectuated through
the instrumentalities of City government, to improve conditions affecting
the cultural, social, economic, political, educational, health and
general well being of Lesbian, Gay, Bisexual, Transgender and Questioning
individuals and their families.
b.
Collaborate with and assist other civic and private groups in organizing
and sponsoring programs and events promoting Lesbian, Gay, Bisexual,
Transgender and Questioning issue awareness and contemporary policy
considerations.
c.
Interact with institutions at the Federal, State and Municipal levels
of government to promote issues concerning the Commission's agenda
in accordance with all applicable laws.
d.
Engage in such activities as it shall deem necessary and appropriate
to accomplish these objectives in accordance with all applicable laws.
[Ord. 6 S+FB, 10-7-1987]
There is hereby established in the Office of the Mayor a commission
to be known as the "City Commerce Commission" the Chairman of which
shall be the Deputy Mayor for Commerce and Economic Development. It
shall be comprised of 13 members to be appointed as described herein,
and shall serve to facilitate the implementation of commerce policy
and related strategies and decisions.
[Ord. 6 S+FB, 10-7-1987; Ord. 6 PSF-F, 6-15-2016]
The City Commerce Commission shall consist of the following:
the Deputy Mayor for Commerce and Economic Development; the Directors
of the City Departments of Engineering, Recreation, Cultural Affairs
and Senior Services; Economic and Housing Development; the City Planning
Officer; the executive directors of the Newark Housing Authority,
Newark Parking Authority, Newark Economic Development Corporation,
Essex County Improvement Authority, Economic Development Corporation
of Essex County, the President of Renaissance Newark, Inc., the President
of the Municipal Council and the President of the Newark Board of
Education. The members of the Commission shall serve, as such, without
compensation and shall serve a term co-existent with their incumbency
in their respective official positions. A regular meeting of the City
Commerce Commission shall be held at least once in every month at
a time to be fixed by the members of the Commission, and at such other
time or times as it may be requested to meet by the Mayor or by the
Chairman.
[Ord. 6 S+FB, 10-7-1987]
The Mayor shall, through the Business Administrator and the
Department Directors, make and cause to be made, to the extent necessary
for the needs of the City Commerce Commission, the services of Municipal
personnel from among the Municipal officers and employees.
|
CROSS REFERENCE: See 2:2-9 Deputy Mayor for Commerce and Economic
Development.
|
[Ord. 6 S+FA, 11-4-1987]
There is hereby established in the Office of the Mayor a council
to be known as the "Commercial Development Advisory Council" which
shall be comprised of representatives from both the public and private
sectors to be appointed as described herein, and shall be responsible
for supporting an environment for commercial growth and revitalization
that will be based on prudent policies and professional planning.
The Council shall serve to:
a.
Formulate and develop policies, plans and programs intrinsic to the
sound commercial growth and revitalization of the City and to present
such policies, plans and programs to the Mayor and Municipal Council
for review and approval;
b.
Function in an advisory capacity to the Mayor, Municipal Council
and the City's Central Planning Board on matters of commercial development
policy;
c.
Provide the tools and systems that will contribute to expeditious,
sound and strong growth;
d.
Provide a scheduled and structured forum to encourage productive
interaction between public and private sector leaders on matters of
commerce;
e.
Provide resources and support for examining potential areas of cooperation
between the public and private sector that would result in an improved
level and quality of services to the Central Business District;
f.
To encourage and coordinate all efforts to more effectively market
Newark's attractiveness as a center for commerce to regional, national
and international business and developers;
g.
Provide for a coordinated effort by the private sector to assist
the public sector in the design and development of innovative financial
and management tools that would produce an increased level of commerce
in the City's neighborhoods;
h.
Provide for a joint endeavor of the professional staffs of both the
public and private sectors to undertake a full-time commitment to
ensuring that Newark's transit and parking needs are being aggressively
and effectively planned for and financed at all levels of government;
i.
Officially represent the City on commerce-related matters with a
special emphasis on marketing Newark as a commerce growth center;
j.
Establish task forces and committees in concert with the Deputy Mayor
for Commerce and Economic Development as the need warrants and shall
have the authority to accept all recommendations and advisories developed
by its task forces and/or committees.
[Ord. 6 S+FA, 11-4-1987]
The Commercial Development Advisory Council shall consist of
10 members as follows: the Mayor and President of the Municipal Council
as members ex officio; two members of the community and three members
of the Greater Newark Chamber of Commerce to be appointed by the Mayor
with the advice and consent of the Municipal Council; the Chairman
of the Newark Economic Development Corporation; the Chairman of Renaissance
Newark, Inc.; and the Chairman of the Central Planning Board. The
Mayor shall designate a member to preside over the Council as Chairman,
who shall serve, as such, at the pleasure of the Mayor. The Mayor
shall be Chairman ex officio and may preside in the absence of the
Chairman. The members of the Council shall serve without compensation.
[Ord. 6 S+ FA, 11-4-1987]
A regular meeting of the Commercial Development Advisory Council
shall be held at least once in every month at a time to be fixed by
the members of the Council. Special meetings shall be at the call
of the Chairman or the Chairman ex officio.
[Ord. 6 S+FA, 11-4-1987]
The powers and functions of the Commercial Development Advisory
Council shall be advisory only and shall in no way be construed as
a delegation of the authority vested by law in any of the offices
or officers of the City.
[Ord. 6 S+FA, 11-4-1987]
The Mayor shall, through the Business Administrator and the
Department Directors, make and cause to be made, to the extent necessary
for the needs of the Commercial Development Advisory Council, the
services of Municipal personnel from among the Municipal officers
and employees.
[Ord. 6 S+FN, 10-5-1988]
The Commercial Strip Advisory Council shall:
a.
Formulate and develop policies, plans and programs intrinsic to the
sound commercial growth and revitalization of the City's corridors
and to present such policies, plans and programs to the Mayor and
Municipal Council for review and approval;
b.
Function in an advisory capacity to the Mayor and the City's Central
Planning Board on matters of business corridors;
c.
Provide the tools and systems that will contribute to expeditious,
sound and strong growth of Newark's business corridors;
d.
Provide resources and support for examining potential areas of cooperation
between the public and private sector that would result in an improved
level and quality of services to Newark's business corridors;
e.
Encourage and coordinate all efforts to more effectively market the
attractiveness of Newark's business corridors as centers for commerce
to regional, national and international business and developers;
f.
Provide for a coordinated effort by the private sector to assist
the public sector in the design and development of innovative financial
and management tools that would produce an increased level of commerce
in the City's neighborhoods.
[Ord. 6 S+FN, 10-5-1988]
The Commercial Strip Business Advisory Council shall consist
of 18 members as follows: the Mayor and President of the Municipal
Council as ex officio; two members of the Municipal Council to be
appointed by the President; two business representatives from each
ward to be appointed by the Mayor with advice and consent of the Municipal
Council; the Director of the Department of Economic and Housing Development;
the Executive Director of the Newark Economic Development Corporation;
a representative of the Mayor's Office and the City Clerk or his designated
representative; and the Chairman of the Central Planning Board.
[Ord. 6 F+FN, 10-5-1988]
A regular meeting of the Commercial Strip Business Advisory
Council shall be held at least once in every month at a time to be
fixed by the members of the Council. Special meetings shall be at
the call of the Chairman or the Chairman ex officio.
[Ord. 6 S+FN, 10-5-1988]
The powers and functions of the Commercial Strip Business Advisory
Council shall be advisory only and shall in no way be construed as
a delegation of the authority vested by law in any of the offices
or officers of the City.
[Ord. 6 S+FN, 10-5-1988]
The Commercial Strip Business Advisory Council shall present
a monthly report to the Municipal Council.
[Ord. 6 S+FN, 10-5-1988]
The Mayor shall, through the Business Administrator and the
Department Directors, make and cause to be made, to the extent necessary
for the needs of the Commercial Strip Business Advisory Council, the
services of Municipal personnel from among the municipal officers
and employees.
[1]
Editor's Note: Ord. 6 S+FB, 2-21-1990 created the Commission
for the Economically and Socially-Disadvantaged Minority Group Male.
This ordinance is not in effect as term has expired.
[Ord. 6 PSF-C, 8-5-2015]
There is hereby established within the Office of the Mayor the
Economic and Social Responsibility Commission. The City of Newark
has identified a need to create a better relationship between corporations
and businesses with the City of Newark and its residents. For the
purpose of transacting business, a quorum of the Commission shall
consist of a majority membership.
[Ord. 6 PSF-C, 8-5-2015]
a.
The Economic and Social Responsibility Commission shall consist of
no less than 15 and no more than 21 members.
b.
The Commission shall retain odd number of members.
c.
No less than a majority of the full authorized membership of the
Commission members shall be Newark residents.
d.
The members shall be appointed by the Mayor, with the advice and
consent of the Municipal Council.
[Ord. 6 PSF-C, 8-5-2015]
a.
The Commission shall have a Chairperson who shall be initially appointed
by the Mayor, who shall serve in that office for a two-year term.
Thereafter, the members of the Commission shall choose the Chairperson
from among their membership.
b.
The Chairperson of the Commission shall:
1.
Call the meeting to order at the appointed time; and
2.
Appoint the committees, which shall be comprised of Commission members,
subject to the approval of the Commission; and
3.
Have all the powers and duties of the presiding officer as described
in Robert's Rules of Order; and
4.
Perform such other duties as may from time to time be prescribed
by the majority of the Commission members.
c.
The Commission shall have a Vice Chairperson who shall be appointed
by members of the Commission.
[Ord. 6 PSF-C, 8-5-2015]
a.
The Chairperson of the Commission shall serve a two-year term.
b.
The Vice Chairperson shall serve a two-year term.
c.
The Commission members shall serve at the pleasure of the Mayor.
d.
Members that are absent, without being excused by the majority of
the authorized members, from meeting for eight consecutive weeks,
or four consecutive meetings, whichever time period shall be of longer
duration, within the term of office for the position held by the member,
shall be deemed to have resigned and their position vacant, provided
the procedure in N.J.S.A. 40A:9-12 is followed, thereby permitting
the appointment by the Mayor if a replacement for the unexpired term
in accordance with that provision.
[Ord. 6 PSF-C, 8-5-2015]
All members of the Commission are volunteers (excluding ex-officio
members who are City employees) and shall perform their duties without
compensation.
[Ord. 6 PSF-C, 8-5-2015]
A regular meeting of the Economic and Social Responsibility
Commission shall be held at least once every month at a time to be
fixed by the members of the Commission, and at other time or times
as may be requested by the Mayor.
[Ord. 6 PSF-C, 8-5-2015]
a.
Advise the Mayor and Municipal Council on matters which would assist
in assessing and creating avenues for corporation and businesses in
the City of Newark; and
b.
To assess corporate social responsibility in the City of Newark;
and
c.
To assist the City of Newark and its residents with economic development
and economic opportunities; and
d.
Advise the City of Newark's Mayor and staff on matters relating to
business development, educating the community on the importance of
economic development and business opportunity; and
e.
Generate a report card on all anchor institutions which shall be
published annually; and
f.
Work cooperatively with City agencies and community groups on issues
of mutual interest.
[Ord. 6 PSF-C, 8-5-2015]
The Mayor shall, through the Deputy Mayor/Director of Economic
and Housing Development, make and cause to be made, provisions that
are necessary for the adequate function of the Economic and Social
Responsibility Commission.
[1]
Editor's Note: Former Section 2:2-38, Commission on the Homeless,
previously codified herein, was repealed and replaced with new section,
Federally Qualified Health Center Board of Commission by Ordinance
6 PSF-H, 8-7-2013.
[Ord. 6 S+FK, 12-19-1990; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-H, 8-7-2013; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 4-10-2018]
a.
The Federal Qualified Health Center Board of Commission ("Commission")
is hereby established consistent with 42 CFR Part 51C 304 et seq.
b.
The objective of the Commission shall be to maintain appropriate
authority to oversee operations of Federally Qualified Health Centers
(hereinafter referred to as FQHC) consistent with 42 C.F.R. § 51c.304.
The Commission's authorization includes but is not limited to establishing
and implementing a comprehensive system of coordinating medical care,
nutritional, shelter and social services for the medically underserved
area of Essex County, and to advise and assist the City of Newark's,
Department of Health and Community Wellness in the preparation of
an annual plan for the enhancement of services available to the community,
and assist in obtaining grant monies to provide for the program and
activities of the Commission. Applications for grants or private foundations
monies shall be submitted with the advice and consent of the Municipal
Council.
c.
Nothing in this Ordinance (section) shall be interpreted or construed
as authorizing the Commission to act beyond the authority provided
by governing federal statutes and regulations. The Commission shall
act in compliance with all applicable laws.
[Ord. 6 S+FK, 12-19-1990; Ord. 6 S+FD, 2-5-1992; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-H, 8-7-2013; Ord. 6PSF-E, 8-6-2014]
a.
The Commission shall consist of the following: a minimum of nine
but no more than 25 members appointed by the Mayor with the advice
and consent of the Municipal Council, whose consent shall not be unreasonably
withheld. The Mayor, President of the Municipal Council and the Director
of Health and Community Wellness or her/his designee shall be members
ex officio.
b.
The Commission shall consist of representatives from various segments
of the community (with expertise in community affairs, finance and
banking, legal affairs, trade unions, social services or other industry
concerns) who as a group represent the individuals being served in
terms of demographic factors such as race, ethnicity, sex and age.
A majority, at least 51% of membership of the Board members must be
consumers of healthcare. No more than one-half, 50% of the non-user
Board members may be individuals who derive more than 10% of their
annual income from the health care industry.
c.
All members of the Commission shall serve without compensation.
[Ord. 6 S+FK, 12-19-1990; Ord. 6 S+FD, 2-5-1992; Ord. 6PSF-H, 8-7-2013]
Each member of the Board shall serve for a term not to exceed
three years. A member who misses three meetings in one year shall
be automatically terminated from the Board and another person shall
be nominated and appointed to serve for the remainder of the term.
[Ord. 6 S+FK, 12-19-1990; Ord. 6PSF-H, 8-7-2013]
a.
The Mayor shall designate a member to preside over the Commission
as a Chairperson. The Chairperson shall serve at the pleasure of the
Mayor.
b.
The Commission shall elect a member to serve as Vice-Chairperson
who shall serve at the pleasure of the Commission within the limitations
of his/her term.
[Ord. 6 S+FK, 12-19-1990; Ord. 6PSF-H, 8-7-2013]
A regular meeting of the Commission shall be held at least once
every month at a time to be fixed by the members of the Commission.
Special meetings shall be called by the Chairperson or, in his/her
absence, the Vice-Chairperson.
[Ord. 6 S+FK, 12-19-1990; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-H, 8-7-2013; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 4-10-2018]
a.
The Commission shall have authority for the establishment of policy
in the conduct of the City's FQHC as long as doing so does not violate
New Jersey's Faulkner Act, N.J.S.A. 40:69A-1 et seq.
b.
The City's FQHC Director/CEO is a City Official under the Faulkner
Act, N.J.S.A. 40:69A-1, et seq., and the Mayor retains authority to
directly appoint and remove the City's FQHC Director/CEO.
c.
The Commission shall hold regularly scheduled meetings, at least
once each month, for which minutes shall be kept.
d.
The Commission shall have specific responsibility for:
1.
Adopting policy for financial management practices, including a system
to assure accountability for FQHC resources, approval of the annual
project budget, FQHC priorities, eligibility for services, including
criteria for partial payment schedules, and long-range financial planning,
if and only if doing so does not violate New Jersey's Faulkner Act,
N.J.S.A. 40:69A-1, et seq.;
2.
Evaluating FQHC activities, including services utilization patterns,
productivity of the FQHC, patient satisfaction, achievement of project
objectives, and development of a process for hearing and resolving
patient grievances;
3.
Assuring that the FQHC is operated in compliance with applicable
Federal, State, and Local laws and regulations; and
4.
Adopting health care policies, including scope and availability of
services, location and hours of services, and quality-of-care audit
procedures.
[Ord. 6 S+FK, 12-19-1990; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-H, 8-7-2013; Ord. 6PSF-E, 8-6-2014]
a.
The Mayor shall, through the Department of Health and Community Wellness,
subject to available appropriation, make and cause to be made services
and provisions that are necessary for the adequate function of the
Commission.
b.
All City departments and agencies shall cooperate with the Commission
in all respects.
[1]
Editor's Note: The Committee on the Status of Women was established
by Ordinance of 1-7-1976. Reestablished by Ord. 6 S+FA(A-1), 7-16-1986
and changed to Commission on the Status of Women by Ord. 6 S+FC, 4-20-1988.
[Ord. 6 S+FC, 4-20-1988; Ord. 6 S+FC, 3-4-1992]
The Commission on the Status of Women (hereinafter called the
"Commission") is hereby established. The Commission shall report to
the Mayor.
[Ord. 6 S+FC, 4-20-1988; Ord. 6 S+FC, 3-4-1992]
The Commission shall pursue the general purpose of improving
the status of women in Newark through coordinating, networking, advocacy,
reviewing and recommending policies and legislation affecting women
and other methods deemed necessary and appropriate.
[Ord. 6 S+FC, 4-20-1988; Ord. 6 S+FN, 4-18-1990; Ord. 6 S+FC, 3-4-1992; Ord. 6 PSF-D, 1-7-2015]
a.
The Commission shall consist of 33 members to be appointed by the
Mayor with the advice and consent of the Municipal Council. The majority
of the Commission shall be women. The Mayor and Council President
shall serve as ex officio members.
b.
The initial appointments shall be as follows: seven appointments
shall be for a term of four years, eight appointments shall be for
a term of three years, and 18 appointments for a term of two years.
All appointees by the Mayor to fill vacancies shall serve for the
unexpired term.
c.
All subsequent appointments shall be for a term of two years.
[Ord. 6 S+FC, 4-20-1988; Ord. 6 S+FC, 3-4-1992; Ord. 6PSF-F, 8-7-2019]
There shall be a chairperson initially appointed by the Mayor
for a term of two years. The remaining officers, vice-chairperson,
secretary and treasurer, shall be selected by the Commission and serve
for a term of two years.
Thereafter, the position of chairperson shall be filled by election
from the membership of the commission by majority vote of the members
present and the new chairperson shall serve for a period of two years.
Upon the vacancy, for any reason, of the office of chairperson,
at the next regularly scheduled meeting, a new chairperson shall be
elected from the membership of the commission by majority of the members
present, to serve the remainder of the term.
If the individual elected to be chairperson is the current vice-chairperson,
secretary or treasurer, then the new chairperson shall appoint their
replacement from the current membership of the Commission to serve
out the remainder of the term.
[Ord. 6 S+FC, 4-20-1988; Ord. 6 S+FC, 3-4-1992; Ord. 6 PSF-D, 1-7-2015; Ord. 6PSF-F, 8-7-2019]
The Commission shall meet at least 12 times per year. Each member
of the Commission shall attend a minimum of eight meetings per year
in order to maintain their status as a member of the Commission.
[Ord. 6PSF-F, 8-7-2019]
The Mayor shall appoint four advisers to the Commission without
the need for Municipal Council approval. Each adviser shall serve
at the pleasure of the Mayor. No adviser shall have a vote on any
matters at a Commission meeting.
The Advisers shall have the following duties:
(a)
To advance the causes of women in Newark and to promote women's
rights, in addition by overseeing the policies and programs of the
Newark Commission on the Status of Women;
(b)
Serve as the direct link to the Mayor's Office and Administration
regarding policies and City Ordinances and ensure that the Administration
receives communication from the Commission on such issues;
(c)
Meet with the Executive Board of the Commission a minimum of
three times a year to decide the strategic direction of the Commission,
ensuring policies and programs conform to municipal policies and City
Ordinances;
(d)
Work with the Commissioners to challenge traditional thinking
and practices of implementing and supporting gender equality, and
brainstorm ideas that will prove to be beneficial for all women through
various events, forums, and community service;
(e)
Assist the Commission in adopting strategies that will enable
women to achieve sustainability through empowerment, and help move
a progressive agenda forward.
[Ord. 6FF, 2-7-1990; Ord. 6 PSF-F, 8-3-2016]
The Commission on Veterans Affairs (hereinafter called the "Commission")
is hereby established. The Commission shall report to the Mayor.
[Ord. 6 S+FF, 2-7-1990; Ord. 6 PSF-F, 8-3-2016]
The Commission shall pursue the general purpose of improving
the status of veterans in Newark through coordinating, networking,
advocacy, policy recommendations and other methods deemed necessary
and appropriate. The Commission shall serve as the Municipal agent
in coordinating veterans' affairs with all veterans groups and organizations
within the City.
[Ord. 6 S+FF, 2-7-1990; Ord. 6 PSF-F, 8-3-2016]
As used in this section:
Shall mean any person who has served in any branch of the
U.S. Armed Forces and is in receipt of an honorable discharge from
same.
[Ord. 6 S+FF, 2-7-1990; Ord. 6 S+FN, 3-6-1991; Ord. 6 PSF-F, 8-3-2016]
a.
The Commission shall consist of 21 members, including two members
of the Municipal Council. The Commissioners shall be appointed by
the Mayor, subject to the confirmation of the Municipal Council. The
Mayor shall serve as an ex-officio member of the Commission. A majority
of the Commission shall be comprised of veterans.
b.
The initial appointments by the Mayor shall be for a term of four
years.
c.
All subsequent appointments shall be for a term of four years for
the unexpired term. Subsequent appointments may be recommended by
the Commission's Executive Board to the Mayor and appointed by the
Mayor, subject to the confirmation of the Municipal Council. Executive
Board recommendations must be submitted no later than 60 days prior
to the expiration of current Commissioners' terms.
[Ord. 6 S+FF, 2-7-1990; Ord. 6 PSF-F, 8-3-2016]
There shall be a Chairman, Vice Chairperson, Secretary and Treasurer
who shall be selected by the Commission.
[Ord. 6 S+FF, 2-7-1990; Ord. 6 PSF-F, 8-3-2016]
The Commission shall meet at least six times per year and issue
bi-annual reports to the Mayor regarding its activities, and a copy
will be filed in the Office of the City Clerk.
[Ord. 6 PSF-F, 8-3-2016]
All members of the Commission are volunteers, excluding ex-officio
members who are City employees, and shall perform their duties without
compensation.
[Ord. 6 PSF-F, 8-3-2016]
The Mayor shall, through the Business Administrator and the
Department Directors, subject to available appropriation, make and
cause to be made, services and provisions that are necessary for the
adequate function of the Commission.
[Ord. 6 PSF-F, 8-3-2016]
The Commission shall have the power to research grant opportunities
and, through the Business Administrator, to apply for such grants
subject to Municipal Council approval. The Commission may also conduct
fund-raising events and solicit funds for projects, events, and operating
expenses.
[Ord. 6 S+FC, 11-20-2007 § 1]
The Newark Environmental Commission is hereby established pursuant
to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 40:56A-12),
as amended by Chapter 35, P.L. 1972.
[Ord. 6 S+FC, 11-20-2007 § 2]
The Commission shall consist of seven members appointed by the
Mayor, one of whom shall also be a member of the Planning Board and
all of whom shall be residents of Newark; two members shall be appointed
by the Municipal Council as alternates, all members shall serve without
compensation except as hereinafter provided. The Mayor shall designate
one of the members to serve as Chairman and presiding officer of the
Commission. The terms of the office of the first commissioners shall
be for one, two or three years, to be designated by the Mayor in making
his appointments and their successors shall be appointed for terms
of three years and until the appointment and qualification of their
successors. The first members of the Commission shall be appointed
for the following terms:
|
2 members for the 1-year term expiring December 31, 2008
|
|
2 members for the 2-year term expiring December 31, 2009
|
|
3 members for the 3-year term expiring December 31, 2010
|
|
Alternate No. 1 for the 2-year term expiring December 31, 2009
|
|
Alternate No. 2 for the initial 1-year term expiring December
31, 2008; and 2 years thereafter.
|
The Mayor or Municipal Council may remove any member of the
Commission for cause, on written charges served upon the member and
after the hearing thereon at which the member shall be entitled to
be heard in person or by counsel. A vacancy on the Commission occurring
otherwise than expiration of a term shall be filled for the unexpired
term in the same manner as an original appointment.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote first.
[Ord. 6 S+FC, 11-20-2007 § 3]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
territorial limits of Newark. The Commission shall have power to conduct
research into the use and possible use of the open land areas of the
municipality and may coordinate with State and County environmental
officials of unofficial bodies organized for similar purposes, and
may advertise, prepare, print, and distribute books, maps, charts,
plans and pamphlets which in its judgment it deems necessary for its
purposes. It shall keep an index of all open areas, publicly or privately
owned, including open marshland, swamps and other wetlands, in order
to obtain information on the proper use of such areas and may from
time to time recommend to the Planning Board plans and programs for
inclusion in the Master Plan and the development and use of such areas.
[Ord. 6 S+FC, 11-20-2007 § 4]
Within the overall powers of the Environmental Commission, the
Commission shall establish its priorities with due consideration of
the City's needs for:
[Ord. 6 S+FC, 11-20-2007 § 5]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the Municipal Council
and Mayor.
[Ord. 6 S+FC, 11-20-2007 § 6]
The Commission may appoint such clerks and other employees and
incur such expenses as it may from time to time require, providing
the same shall be within the limits of funds appropriated to it by
the Municipal Council or otherwise available to it. The Environmental
Commission shall also have the power to research grant opportunities
and to apply to such grants with Council approval.
[Ord. 6 S+FC, 11-20-2007 § 7]
The Environmental Commission shall have the power to study and
make recommendations concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna.
[Ord. 6 S+FC, 11-20-2007 § 8]
A regular meeting of the Commission shall be held no less than
six times annually, at a time to be fixed by its members and shall
be held in accordance with the Open Public Meetings Act.
[R.O. 1966 C.S. § 2:2-155]
There is hereby established within the Office of the Mayor,
the Dr. Martin Luther King, Jr. Commemorative Commission.
[R.O. 1966 C.S. § 2:2-156]
This Commission shall consist of 12 members to be appointed
by the Mayor with the advice and consent of the Council. Each member
shall serve for a term of three years and shall serve until his/her
successor is duly appointed. The members so appointed to the Commission
shall perform their duties without compensation.
[R.O. 1966 C.S. § 2:2-157]
The Commission shall meet and organize at the call of its Chairperson
as soon as possible following the appointment of its members and may
create such offices in addition to Chairpersons as it shall determine,
and elect from among its membership persons to fill such offices.
[R.O. 1966 C.S. § 2.2-158]
The Commission shall:
a.
Organize and implement annual observances, programs, and exhibitions
to commemorate both the birthday and the many contributions of Dr.
King.
b.
Assist other civic and private groups in disseminating information
on programs and events celebrating the contributions of Dr. King.
c.
Encourage and promote the ideals of Dr. King by: (1) advocating racial,
religious and ethnic harmony among all people of the world; and (2)
advocating political and religious freedom for all members of the
world community.
d.
Engage in such other activities as it shall deem necessary and appropriate
to carry out its legislative mandate.
e.
Make an annual report of its activities to the Mayor and the Municipal
Council.
[1]
Editor's Note: For statutory law for the creation of a local
housing authority and the number, appointment and term of its members,
see N.J.S. 55:14A-4.
[R.O. 1966 C.S. § 2:2-35]
The body corporate and politic known as the "Housing Authority
of the City of Newark" heretofore created and established pursuant
to the Local Housing Authorities Law, N.J.S. 55:14A-4 as amended and
supplemented, is hereby continued.
[R.O. 1966 C.S. § 2:2-36]
The Housing Authority shall act as the redevelopment agency
for slum clearance and urban redevelopment in the City for the purpose
of carrying out the provisions of the Local Housing Authorities Law,
solely in connection with slum clearance and urban redevelopment which
are the subjects of agreements between the Housing Authority and the
City and the Housing Authority and the United States of America, and
all functions, powers and duties of the Housing Authority heretofore
conferred with respect thereto are hereby continued. All powers with
respect to slum clearance and urban redevelopment which are not the
subjects of such agreements shall be exercised by the City, pursuant
to N.J.S. 55:14A-56.
[1]
Editor's Note: Ordinance 6 S+FJ of July 16, 1975 authorizing
the Mayor to enter into agreements with the Housing Authority of the
City of Newark for the provision of various services required pursuant
to the Housing and Community Development Act of 1974 has been implemented
and extended by the following ordinances 1-7-1976, 7-14-1976, 1-4-1978
and 11-13-1978.
[R.O. 1966 C.S. § 2:2-36.1]
The Housing Authority of the City of Newark is hereby designated, constituted, authorized and empowered to act as the acquisition and disposition agency in and for the City of Newark and throughout the limits thereof for the purpose only of carrying out acquisition and disposition functions and activities pursuant to the requirements of the agreements described in subsection 2:2-55.4.
[R.O. 1966 C.S. § 2.2-36.2]
The Mayor is hereby authorized to enter into the acquisition
and the disposition agreements with the Housing Authority of the City
of Newark for the provision of various services required pursuant
to the Housing and Community Development Act of 1974 aforesaid. Copies
of these agreements are on file in the Office of the City Clerk for
reference by the public.
[R.O. 1966 C.S. § 2.2-36.3]
An executed copy of the contracts shall be filed with the Office
of the City Clerk by the Mayor.
[Ord. 6 S+FO, 1-4-1989]
The Commission known as the "Commission on Sister Cities" is
hereby established. The Commission shall report to the Mayor or his
designated staff person in charge. The Municipal Council and the Mayor
shall select those cities with which to establish a "Sister Cities"
relationship. The process of designation shall be by Executive Order
or Municipal Council Resolution.
[Ord. 6 S+FO, 1-4-1989]
The Sister Cities Commission shall maintain and/or preserve
in some meaningful fashion Newark's relationship with cities and towns
throughout the world and will concentrate on those areas where either
a bond between City residents and that city/town already exists; and/or
the potential exchange is significantly stimulating to the culture,
education and economic life of the City of Newark.
[Ord. 6 S+FO, 1-4-1989; Ord. 6 S+FO, 4-18-1990]
a.
The Commission shall consist of 30 members appointed by the Mayor
with the advice and consent of the Municipal Council.
b.
The Commission shall have a Committee of no less than three persons
for each City selected by the Mayor as a Sister City.
c.
The initial appointments by the Mayor shall be as follows: five appointments
for a term of six years, five appointments for a term of five years
and six for a term of four years. All appointees by the Mayor to fill
vacancies shall serve for the unexpired term.
d.
All subsequent appointments shall be for a term of three years.
[Ord. 6 S+FO, 1-4-1989]
The Commission as a whole shall be convened and administered
through the aforementioned Mayor or his designated staff person in
charge while each separate Committee shall appoint its own chairperson.
[Ord. 6 S+FO, 1-4-1989]
The Commission as a whole shall meet at least three times per
year while each Committee shall meet as often as the project or program
undertaken demands.
[1]
Editor's Note: Mayor's Commission on Youth originally established
on 8-21-1963 (R.O. 1966 § 2:2-49) was abolished by Ord.
6 S+ FA(S-1), 7-16-1986 and reestablished by Ord. 6 S+FF, 10-5-1988
and renamed Newark's Commission on Youth by Ord. 6 S+FF, 9-6-2000).
[Ord. 6 S+FF, 10-5-1988; Ord. 6 S+FF, 9-6-2000 § 1]
The Commission known as the "Newark's Commission on Youth" as
heretofore established is hereby reestablished and continued.
[Ord. 6 S+FF, 10-5-1988; Ord. 6 S+FF, 9-6-2000 § 1]
a.
The Commission shall consist of 15 members to be appointed by the
Mayor with the advice and consent of the Municipal Council. Membership
shall consist of five youths between the ages of (9 — 12); five
youths between the ages of (13 — 15) and five youths between
the ages of (16 — 18). One youth from each of the City's five
wards shall be appointed to serve on the Commission selected from
the age categories listed above.
b.
The initial appointments to the Commission shall be as follows: five
appointments shall be for a term of three years, five for a term of
two years and five for a term of one year. All appointees by the Mayor
to fill vacancies shall serve for the unexpired term. In addition,
the Council shall designate one of its members as a member of the
Commission who shall serve for a term co-extent with his/her term
as Council Member.
c.
All subsequent appointments shall be for a term of two years.
d.
The members of the Commission shall serve without compensation; however,
members will receive reimbursement for travel related expenses incurred
in conjunction with municipal projects.
[Ord. 6 S+FF, 10-5-1988; Ord. 6 S+FF, 9-6-2000 § 1]
The Commission shall hold monthly meetings. It shall have a
Chairperson and Secretary, both designated by the members of the Commission
and to serve at City's pleasure. The Commission shall make quarterly
reports to the Mayor and to the Council.
[Ord. 6 S+FF, 10-5-1988; Ord. 6 S+FF, 9-6-2000 § 1]
Appointment of the members of each youth-serving agency is to
be made by the Mayor with the approval of the Council.
[Ord. 6 S+FF, 10-5-1988; Ord. 6 S+FF, 9-6-2000 § 1]
The Business Administrator or his/her designee will serve as
Coordinator of the Newark's Commission on Youth and will serve in
that capacity in any project to which he may be assigned, including
any planning duties undertaken.
[Ord. 6 S+FF, 10-5-1988; Ord. 6 S+FF, 9-6-2000 § 1]
The Mayor shall, through the Business Administrator and the
Department Directors, provide or cause to be provided, to the extent
necessary for the needs of the Commission, suitable offices and services
of municipal personnel from among the municipal officers and employees.
[Ord. 6 S+FF, 10-5-1988; Ord. 6 S+FF, 9-6-2000 § 1]
The Commission is responsible for the following:
a.
To provide input and advice to the City on programs which benefit
the City's gifted and talented youth and to encourage the Mayor and
City Council to develop business training and employment programs
for youth.
b.
To provide input and advice on programs dealing with challenged youth.
c.
The planning of programs for youth in cooperation with existing agencies
in order to insure complete coverage of the problem and avoid duplication.
d.
To provide input and advice to the City on sponsoring programs to
invite professional practitioners (i.e. doctors, lawyers, accountants,
etc.) to meet with local youth to provide mentoring as well as to
discuss career planning.
e.
To enhance the quality of life for youth in Newark through coordinating,
networking, advocacy, reviewing and recommending policies and legislation
affecting youth in this City to the Mayor, Municipal Council and the
Administration.
[R.O. 1966 § 2:2-56]
The Municipal Court heretofore established for the City is hereby
continued.
[R.O. 1966 § 2:2-57]
[R.O. 1966 C.S. § 2:2-58]
The Municipal Court of the City and the judges of the Municipal
Court shall have, possess and exercise all the jurisdiction, powers,
functions and duties which are or may be conferred by law and the
applicable rules of the Supreme Court of New Jersey.
[R.O. 1966 § 2:2-59; Ord. 6 PSF-C, 12-2-2015]
The Municipal Court shall sit in seven parts, to be known and
designated as Parts 1, 2, 3, 5, 6, 7 and 20.
[1]
Editor's Note: See N.J.S.A. 2A:8-19 et seq.
[R.O. 1966 C.S. § 2:2-60; Ord.
6 PSF-C, 12-2-2015; amended 3-23-2021 by Ord. No. 6PSF-C
(s), 3-23-2021]
a.
The Municipal Court shall have fourteen (14) Judges who shall be
appointed by the Mayor with the advice and consent of the Council
for the term provided in N.J.S.A. 2A:8-5, of which thirteen (13) shall
be full-time and one part-time.
b.
With the exception of the part-time Judge, all Judges shall, subject
to the rules of the New Jersey Supreme Court, devote their full time
to the discharge of their respective offices and shall be prohibited
from engaging in the practice of law other than in the discharge of
their duties as a Judge, with the exception of the part-time judge
who, shall be permitted to engage in the practice of law and only
devote part of their time to the discharge of their duties.
[1]
Editor's Note: The number of regular Municipal Court Judges
has been increased to 12 by Superior Court Orders of November 28,
2005 and November 16, 2015. The number increased to 14 by a Court
Order entered on March 5, 2021.
[R.O. 1966 C.S. § 2:2-61]
The presiding Judge of the Court shall assign all Judges to
the several parts of the Court as provided by law.
For State law relating to penalty provisions or ordinances and
the discretionary power of the Judge of the Municipal Court with respect
thereto, see N.J.S. 40:69A-29.
For court rules governing practice in local criminal courts
including rules of administration, see rules governing the courts
adopted by the Supreme Court of New Jersey.
[1]
Editor's Note: For State statutes governing Municipal Courts,
Judges of the Municipal Court and their jurisdiction, Court Administrators
and personnel, see N.J.S.A. 2A:8-1 et seq. See also N.J.S.A. 40A:5-40
and -41.
[Ord. 6PSF-B, 5-5-2010 § 1; Ord. 6PSF-A, 11-17-2014]
Any person applying for representation by the Municipal Public
Defender must pay a fee of $200. The Court may waive such application
fee, in whole or in part, in its discretion, if it determines that
the application fee represents an unreasonable burden on the person
seeking representation.
The application fees collected by the municipality from defendants
for the services of the Public Defender shall be deposited in a dedicated
trust fund. These funds are to be used exclusively to meet costs incurred
in providing the services of a Public Defender in accordance with
State law. The fund must be approved as a budget rider and administered
by the municipality's Chief Financial Officer.
[Ord. 6PSF-A, 2-3-2016]
a.
An Ordinance establishing the salary for the position of part-time
Judge in the Office of the Mayor, Newark Municipal Court as follows:
|
Position
|
Effective
|
Annual Minimum Salary
|
Annual Maximum Salary
|
|---|---|---|---|
|
Judge, Part-Time (02219)
|
1-5-2016
|
$65,000
|
$65,000
|
b.
The hereinabove noted position is to be considered in the managerial
or exempt class of positions with no standard hours of work. The incumbent
employed in such position shall be subject to the responsibility for
the completion of assigned duties and responsibilities and shall not
be entitled to overtime compensation or to any accumulation of compensatory
time. Where required for data processing purposes only, the hereinabove
noted salary shall be calculated on a twenty-hour work week.
c.
All prior ordinances or parts of prior ordinances which relate to
the above position title, hours of employment, number of positions,
or annual minimum salary and annual maximum salary therefore, which
are inconsistent herewith, are hereby repealed.
d.
This Ordinance 6PSF-A shall take effect upon final passage and publication
and in accordance with the laws of the State of New Jersey.
[1]
Editor's Note: Former Section 2:2-65, Newark Landmarks and Historic Preservation Commission, previously codified herein and containing portions of R.O. 1966 C.S. §§ 2:2-138 — 2:2-142 and Ordinance Nos. 6 S+FA, 11-2-1988 and 6 S+FA, 11-2-1988 and 6 S+FC, 8-3-1994, was repealed in its entirety by Ordinance No. 6 S+FE, 3-7-2007 § 1. See Section 2:10-3 for Newark Landmarks and Historic Preservation Commission.
[Ord. 6 S+FB, 8-1-2007 § 1]
There is hereby established within the Office of the Mayor,
the Newark African Commission.
[Ord. 6 S+FB, 8-1-2007 § 1; Ord. 6PSF-G, 2-4-2015]
The Commission shall consist of 21 members to be appointed by
the Mayor with the advice and consent of the Municipal Council. Each
member shall be appointed for a term of four years and shall serve
until his/her successor is duly appointed.
[Ord. 6 S+FB, 8-1-2007 § 1]
The Commission shall meet and organize at the call of the President
as soon as possible following the appointment of its members and may
create such offices as it shall determine, and elect from among its
membership person to fill such offices.
[Ord. 6 S+FB, 8-1-2007 § 1]
All members of the Commission shall perform their duties without
compensation.
[Ord. 6 S+FB, 8-1-2007 § 1]
The African Commission, under the supervision of the Mayor,
shall be responsible for the following duties:
a.
Study, develop and recommend to the Mayor, policies, programs and
practices which can be effectuated through the instrumentalities of
City government, to improve conditions affecting the cultural, social,
economic, political, educational, health and general well being of
Africans and African Americans.
b.
Collaborate with and assist other civic and private groups in organizing
and sponsoring programs and events promoting African and African American
cultural awareness and contemporary policy considerations.
c.
Interact with institutions at the International, Federal, State and
municipal levels of government to promote issues concerning the Commission's
agenda.
d.
Engage in such activities as it shall deem necessary and appropriate
to carry out its legislative mandate.
[Ord. 6 PSF-H, 2-4-2015]
There is hereby established within the office of the Mayor,
the Newark Caribbean Commission.
[Ord. 6 PSF-H, 2-4-2015]
The Commission shall consist of up to 21 members to be appointed
by the Mayor with the advice and consent of the Municipal Council.
Each member shall be appointed for a term of four years and shall
serve until his/her successor is duly appointed.
[Ord. 6 PSF-H, 2-4-2015]
The Commission shall meet and organize at the call of the President
as soon as possible following the appointment of its members and may
create such offices as it shall determine, and elect from among its
membership person to fill such offices.
[Ord. 6 PSF-H, 2-4-2015]
All members of the Commission shall perform their duties without
compensation.
[Ord. 6 PSF-H, 2-4-2015]
The Caribbean Commission, under the supervision of the Mayor,
shall be responsible for the following duties:
a.
Study, develop and recommend to the Mayor, policies, programs and
practices which can be effectuated through the instrumentalities of
City government, to improve conditions affecting the cultural, social,
economic, political, educational, health and general well-being of
Caribbean and Caribbean Americans.
b.
Collaborate with and assist other civic and private groups in organizing
and sponsoring programs and events promoting Caribbean and Caribbean
American cultural awareness and contemporary policy considerations.
c.
Interact with institutions at the International, Federal, State and
Municipal levels of government to promote issues concerning the Commission's
agenda.
d.
Engage in such activities as it shall deem necessary and appropriate
to carry out its legislative mandate.
[Ord. 6 PSF-I, 2-4-2015]
There is hereby established within the office of the Mayor,
the Newark Hispanic Commission.
[Ord. 6 PSF-I, 2-4-2015]
The Commission shall consist of up to 21 members to be appointed
by the Mayor with the advice and consent of the Municipal Council.
Each member shall be appointed for a term of four years and shall
serve until his/her successor is duly appointed.
[Ord. 6 PSF-I, 2-4-2015]
The Commission shall meet and organize at the call of the President
as soon as possible following the appointment of its members and may
create such offices as it shall determine, and elect from among its
membership a person to fill such offices.
[Ord. 6 PSF-I, 2-4-2015]
All members of the Commission shall perform their duties without
compensation.
[Ord. 6 PSF-I, 2-4-2015]
The Hispanic Commission, under the supervision of the Mayor,
shall be responsible for the following duties:
a.
Study, develop and recommend to the Mayor, policies, programs and
practices which can be effectuated through the instrumentalities of
City government, to improve conditions affecting the cultural, social,
economic, political, educational, health and general well-being of
Hispanic Americans.
b.
Collaborate with and assist other civic and private groups in organizing
and sponsoring programs and events promoting Hispanic cultural awareness
and contemporary policy considerations.
c.
Interact with institutions at the International, Federal, State and
Municipal levels of government to promote issues concerning the Commission's
agenda.
d.
Engage in such activities as it shall deem necessary and appropriate
to carry out its legislative mandate.
[R.O. 1966 § 2:2-62; Ord. 6 S+FT, 11-14-1988]
a.
The body corporate and politic, known as the "Parking Authority of
the City of Newark" heretofore created and established pursuant to
the provisions of the Parking Authority Law (N.J.S.A. 40:11A-1, et
seq.) is hereby continued, subject to all the rights, powers and duties
vested in and conferred upon it by the terms and provisions of the
statute.
b.
The Authority shall consist of seven Commissioners to be appointed
in the following manner:
1.
Mayor and Council Appointees. There shall be five Commissioners who
are appointed by the Mayor with the advice and consent of the Municipal
Council. The Commissioners who are so appointed shall be designated
to serve for terms of one, two, three, four and five years respectively
from the date of their appointment but thereafter, the Commissioners
shall be appointed as aforesaid for a term of five years except that
all vacancies shall be filled for the unexpired term.
2.
Mayor's Appointees. There shall be two Commissioners who are appointed
by the Mayor and shall serve one and two year terms respectively from
the date of their appointment but thereafter, such Commissioners shall
be appointed by the Mayor for terms of five years except that all
vacancies shall be filled for the unexpired term.
[R.O. 1966 § 2:2-63; Ord. 6 S+FT, 11-14-1988; Ord.
6 PSF-I, 5-19-2010 § 1]
The Parking Authority of the City of Newark shall have such
authority and power as provided in the Parking Authority Law, N.J.S.
40:11A-6, exercising public and essential governmental functions,
and having all the powers necessary or convenient to carry out and
effectuate its corporate purposes and the purposes and provisions
of the Parking Authority Law.
[Ord. 6 PSF-I, 5-19-2010 § 1]
The City of Newark hereby grants to the Parking Authority authorization
to:
a.
Designate meter or permit on-street parking spaces for which parking
fees will be charged and collected. To effectuate this purpose, the
Parking Authority shall first by resolution of its Board of Commissioners
approve of a Schedule of Streets where parking meters, permits or
other fee collection devices are to be installed, and thereafter forward
said Schedule of Streets with its recommendation for submission to
the Municipal Council, to the Director of Engineering and Business
Administrator, with a copy sent to the Mayor, Municipal Council, and
City Clerk. After review and approval of said Schedule of Streets
by the Director of Engineering, the Director of Engineering will submit
the necessary ordinances to the Municipal Council for its consideration
and recommendation for its approval.
b.
Determine the time limits for on-street parking spaces. To effectuate
this purpose, the Parking Authority shall first by resolution of its
Board of Commissioners approve a Schedule of Street Time Limits, and
thereafter forward said Schedule of Street Time Limits with its recommendation
for submission to the Municipal Council, to the Director of Engineering
and Business Administrator, with a copy sent to the Mayor, Municipal
Council, and City Clerk. After review and approval of said Schedule
of Street Time Limits by the Director of Engineering, the Director
of Engineering will submit the necessary ordinances to the Municipal
Council for its consideration and recommendation for its approval.
c.
Determine the fees to be charged for on-street parking spaces for
which parking fees will be charged and collected, up to a maximum
fee per hour as set by the Municipal Council from time to time. To
effectuate this purpose, the Parking Authority shall first by resolution
of its Board of Commissioners approve a Fee Schedule for the Streets
where parking meters, permits or other fee collection devices are
to be installed or utilized, and there after forward said Fee Schedule
with its recommendation for submission to the Municipal Council, to
the Director of Engineering, and Business Administrator, with a copy
sent to the Mayor, Municipal Council, and City Clerk. The Director
of Engineering will submit the necessary ordinances to the Municipal
Council for its consideration and recommendation for its approval.
d.
Install parking meters, pay and display units, sensors, and/or other
parking control, time limit and collection devices. The Parking Authority
shall be required to file an application and/or obtain applicable
permits in connection with the Parking Authority's installation of
parking meters, pay and display units, sensors, and/or other parking
control, time limit and collection devices within the sidewalk and
along the public roads and rights-of-way.
[1]
Editor's Note: The Senior Citizens Commission was originally established by Ord. 6-5-1963 and reorganized by Ord. 11-13-1978, which were codified as § 2:2-64. The Commission was abolished in 1986 under the new administration's reorganizational plan. The City is hereby reestablishing the Senior Citizens Commission by Ordinance 6 SF+FF, 8-3-1988.
[R.O. 1966 C.S. § 2:2-64; Ord.
6 S+FF, 8-3-1988; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
a.
The Commission known as the "Newark Senior Citizens Commission" as
heretofore established is hereby reestablished and continued.
b.
The object of the Commission shall be to establish and implement
a comprehensive system of coordinated health and social services for
senior citizens and residents of the community, and to advise and
assist the Department of Health and Community Wellness in the preparation
of an annual plan for the enhancement of services available to senior
citizens and residents of the community, or private foundations in
obtaining grants or monies to provide for the programs and activities
of the Commission, the applications for grants to be made with the
advice and consent of the Municipal Council.
[R.O. 1966 C.S. § 2:2-65; Ord.
6 S+FF, 8-3-1988; Ord. 6 PSF-D, 5-20-2015]
a.
The Commission shall consist of the following: 25 members to be appointed
by the Mayor with the advice and consent of the Municipal Council.
The Mayor, President of the Municipal Council and the Manager of Senior
Citizen Affairs shall be members ex officio.
b.
The Commission shall consist of representatives from various segments
of the Newark community. They can be affiliated with senior citizen
organizations and groups that concern themselves with the health,
recreation, social, and other needs, i.e., legal, housing and financial
needs of senior citizens.
[R.O. 1966 C.S. § 2:2-66; Ord.
6 S+FF, 8-3-1988; Ord. 6 PSF-D, 5-20-2015]
a.
The 25 members shall serve staggered terms, eight for a term of two
years, eight for a term of three years and nine for a term of four
years. Thereafter each member shall be appointed for a four year term
and shall serve until his/her successor is duly appointed. Vacancies
caused by resignation or otherwise shall be filled for the unexpired
part of the term thereof by the Mayor.
[R.O. 1966 C.S. § 2:2-67; Ord.
6 S+FF, 8-3-1988; Ord. 6 PSF-D, 5-20-2015]
a.
The Mayor shall designate a member to preside over the Commission
as a Chairperson. The Chairperson shall serve at the pleasure of the
Mayor.
b.
The Mayor shall designate an Honorary Chairperson exclusive of the
25 members, to assist the Commission in recommending policy and guidelines.
The Honorary Chairperson shall serve at the pleasure of the Mayor.
c.
The Mayor shall designate one of the 25 members to serve as Vice
Chairperson who shall serve at the pleasure of the Mayor within the
limitations of his/her term.
d.
A designee who works with senior citizens in the City's Department
of Health and Community Wellness shall, without additional compensation
serve as Executive Secretary to the Commission during the incumbency
in his/her official position.
e.
The Manager of Senior Citizens Affairs in the Mayor's Office shall
assist with the oversight of the Commission as the designee for the
Mayor.
[R.O. 1966 C.S. § 2:2-68; Ord.
6 S+FF, 8-3-1988; Ord. 6 PSF-D, 5-20-2015]
A regular meeting of the Commission shall be held at least four
times a year at a time to be fixed by the members of the Commission.
Special meetings shall be called by the Chairperson or in his/her
absence, the Vice-Chairperson.
[R.O. 1966 C.S. § 2:2-69; Ord.
6 S+FF, 8-3-1988; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
The duties of the Commission shall be limited to:
a.
Recommending policy and guidelines for the operation of the Newark
Office on Aging. The Senior Citizens Commission's recommendations
shall be limited to planning and programmatic review and shall in
no way affect the decisions concerning the Newark Office on Aging's
operational budget or personnel.
b.
Reviewing and commenting on all proposals submitted for funding by
the Department of Health and Community Wellness proposals submitted
to the Department of Health and Community Wellness for funding for
services to senior citizens.
c.
Assist the Department of Health and Community Wellness in the planning
and implementation of City-wide comprehensive service programs for
the senior citizens and residents of the City of Newark.
d.
Establish policies and procedures for its own governance.
e.
Identify the unmet needs and service gaps which affect the elderly.
f.
Make recommendations for legislative programs and actions on behalf
of the elderly.
[R.O. 1966 C.S. § 2:2-70; Ord.
6 S+FF, 8-3-1988; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
a.
The Mayor shall, through the Director of the Department of Health
and Community Wellness, subject to available appropriation, make and
cause to be made, services and provisions that are necessary for the
adequate function of the Commission.
b.
All City departments and agencies shall cooperate with the Commission
in all respects.
[Ord. 6 S+FD, 9-20-1989]
a.
The Governing Body of the City of Newark does hereby declare that
the City of Newark's continued economic growth is dependent on its
ability to utilize mass transit access to business districts; and
b.
Mass transit must be accompanied by improvements to the City's road
network; and
c.
A greater proportion of Federal and State monies have funded roadways
surrounding the City; and
d.
There is a need for a standing body to advise the Mayor on all transportation
issues; and
e.
There is a need for a City-wide transportation plan and program of
action which is updated annually; and
f.
A coordinated transportation program is needed to foster continued
economic growth and development in the City.
g.
Therefore an advisory commission is needed to coordinate the City's
policy on transportation.
[Ord. 6 S+FD, 9-20-1989]
a.
An advisory commission known as the "Newark Transportation Commission"
is hereby established.
[Ord. 6 S+FD, 9-20-1989]
a.
The Transportation Commission will advise the Mayor on transportation
issues. It will prepare an annual assessment of priority needs for
transportation improvements and will submit an annual report and plan
addressing all transportation matters, issues, needs and projects
vital to the City.
b.
The Transportation Commission will monitor on an ongoing basis the
effectiveness of proposed transportation programs and all actions
taken for their implementation.
c.
The Transportation Commission will assist the Mayor and the City
Council in obtaining the financial resources required for implementation
of transportation improvements.
d.
The Transportation Commission will prepare an annual legislative
recommendation for submission to the Federal and State governments.
e.
The Transportation Commission will maintain a current status report
containing information on all intergovernmental funding programs and
projects on a comparative basis with other urban centers and counties
in the State.
f.
The Transportation Commission will be responsible for considering
every type of transportation issue including both individual and mass
transit needs.
[Ord. 6 S+FD, 9-20-1989]
a.
The Commission shall consist of 12 members representing the public
and private sectors.
b.
The members will be appointed by the Mayor with the advice and consent
of the Council and shall serve at the pleasure of the Mayor. The Mayor
and the President of the City Council shall be members ex officio
and shall serve during their incumbency in office.
c.
Membership will be comprised of six representatives from the private
sector and six representatives from the public sector including both
elected and appointed officials. Three of the six public positions
will be held by the following individuals, the City Engineer, the
Director of Economic and Housing Development, and the Business Administrator.
[Ord. 6 S+FD, 9-20-1989]
a.
The Mayor shall designate a member of the Commission to preside over
the Commission as Chair. The Mayor shall be Chair ex officio and may
preside in the absence of the Chair or may designate another member
to do so. Meetings will be held at least on a bimonthly basis.
[1]
Editor's Note: The Zone Development Corporation was established
to acquire a "New Jersey Urban Enterprise Zone" designation. The original
designation was adopted on 12-5-1984 (Ord. 6 S+FC).
[R.O. 1966 C.S. § 2:2-148]
The Newark Economic Development Corporation shall be designated
as the "Zone Development Corporation" for the City of Newark.
[R.O. 1966 C.S. § 2:2-149]
The Newark Economic Development Corporation with the assistance
of the Department of Economic and Housing Development shall prepare
a zone development plan for the purpose of having Newark designated
as an urban enterprise zone.
[R.O. 1966 C.S. § 2:2-150]
The Advisory Committee shall consist of 11 members, all of whom
shall be appointed by the Mayor with the advice and consent of Council.
All members of the Committee shall serve on a non-salaried basis.
All members shall be a resident of the City of Newark or have a bona
fide business within the City. The Mayor shall designate one of his
staff to serve as secretary to the Committee on a non-salaried basis.
[R.O. 1966 C.S. § 2:2-151]
The Advisory Committee will select a Chairperson from its membership
at its first scheduled meeting. The meeting shall be called at the
discretion of the Chairperson. The Zone Development Corporation shall
provide the Advisory Committee (through the Advisory Committee's Chairperson)
with all plans and proposals under review of the Zone Development
Corporation prior to any submission of same to any Federal, State
or municipal agency. The Advisory Committee shall review all plans
or proposals and submit its recommendations to the Zone Development
Corporation.
[R.O. 1966 C.S. § 2:2-152]
It shall be the responsibility of the Zone Development Officer,
with review and comments of the Advisory Committee, to ensure that
all provisions of the Enterprise Zone Act, N.J.S. 52:27H-60, is adhered
to during the life of a zone designation.
[Ord. 6 S+FB, 3-2-1994]
The Mayor shall appoint the Municipal Public Advocate subject
to the advice and consent of the Municipal Council of the City of
Newark.
[Ord. 6 S+FB, 3-2-1994]
The Municipal Public Advocate shall be a New Jersey Attorney-at-Law
who is capable of exercising his/her professional discretion as to
the importance and the extent of the public interest and whether that
interest would be adequately represented and advocated without his/her
action.
[Ord. 6 S+FB, 3-2-1994]
a.
The Municipal Public Advocate shall be appointed by the Mayor with
the advice and consent of the Governing Body. The term of the Municipal
Public Advocate shall commence on January 1st of each year and expire
on December 31st of each year.
b.
The appointment of a Municipal Public Advocate shall in no way obligate
the City of Newark to finance the position of Municipal Public Advocate
within the City Budget in any particular fiscal year.
[Ord. 6 S+FB, 3-2-1994]
The Municipal Public Advocate shall receive a salary to be ordained
by the Municipal Council.
[Ord. 6 S+FB, 3-2-1994]
The Municipal Public Advocate shall have the following duties
and responsibilities:
a.
He/she shall be limited to only appear before the City of Newark's
Board of Adjustment and Planning Board to represent the "public interest".
b.
He/she shall ensure that a full, fair and balanced record be made
in such matters of substantial public importance with all of the competent
evidence bearing upon the issues being presented to the City's Board
of Adjustment and City's Planning Board tested as to its relevancy,
competency, materiality and credibility, so that such boards and other
Federal, State, County, Agencies and Courts whether trial or appellate,
will have the benefit of a fully developed record of the proceedings
containing all of the testimony and evidence for a fair, unbiased
decision in accordance with all of the applicable rules/laws to ensure
that the public interest is best served as the circumstances warrant
in order to represent and advocate the public interest in proceedings
of substantial importance in which he/she shall determine in his/her
sole discretion to warrant such representation and advocacy.
[Ord. 6 S+FB, 3-2-1994]
Shall be defined as or limited to applications where the
applicant is seeking relief in any one of the following areas:
Application seeking a use variance;
Application seeking a major subdivision;
Application where three or more variances are being sought;
Application where a variance for parking is being sought;
Application of any nature involving property which is contiguous
or proximate to land located in the conservation district;
Application where the applicant is seeking vacation of streets,
roads, right-of-way, or similarly defined thoroughfares;
Application where a variance for height, coverage or density
is being sought;
Application that has been bifurcated and where one part of the
bifurcated application seeks relief under any one or more of paragraphs
a through g above; and
Any application affecting two or more acres of land.
[Ord. 6 S+FB, 3-2-1994]
In addition to whatever reports he/she may make from time to
time, the Municipal Public Advocate shall on or about February 15th
of each year, report to the Municipal Council and to the Mayor concerning
the exercise of his/her functions during the preceding calendar year.
This annual report shall not exclude submission of reports to be provided
when written request is made by the Municipal Council or Mayor.
[Ord. 6 S+FB, 3-2-1994]
Nothing contained herein in any section of this article shall
be construed to confer upon the Municipal Public Advocate in any manner
or to any degree the statutory investigative powers and responsibilities
of the Municipal Council.
[Ord. 6 S+FH, 5-3-1995]
a.
The Mayor and Council does hereby establish an independent, seven
member Krueger-Scott Mansion Cultural Center Advisory Board on African-American
History and Culture, which, in its governance/leadership initiatives
will monitor and oversee monies, grants and other finances that are
provided for the historic renovation of Krueger-Scott Mansion.
b.
The Krueger-Scott Mansion Cultural Center Advisory Board shall consist
of seven members; five Mayoral appointees and two Municipal Council
appointees, all of whom shall be confirmed by the Municipal Council.
The Board Members shall serve without compensation.
c.
All members of the Krueger-Scott Mansion Cultural Center Advisory
Board must be residents of the City of Newark.
d.
The Board shall remain in existence until the completion of the construction
work and the opening of the Krueger-Scott Mansion.
e.
The Board shall make regular reports to the Mayor and Municipal Council
outlining the status of the Krueger-Scott Mansion Cultural Center.
[Ord. 6 S+FI, 1-17-2001 § 1; Ord. 6 S+FE,. 7-13-2005 § 1]
The City of Newark finds there is a need to create new and additional
funding for the arts in the City in order that a coordinated City-wide
policy for public art may be implemented that incorporates all arts
and disciplines for the cultural benefit of the City, its citizens
and its visitors. A percent-for-arts program related to all future
public works construction in the City will provide significant added
financial support toward the City's ability to create effective processes
for the commissioning of new visual arts components for capital projects
throughout the City.
[Ord. 6 S+FI, 1-17-2001 § 2; Ord. 6 S+FE, 7-13-2005 § 2; Ord.
6 S+FA, 12-19-2007 § 1]
a.
PUBLIC WORKS CAPITAL IMPROVEMENT PROJECT — Shall mean and include
any capital project paid for wholly or in part by funds appropriated
by the City of Newark to construct, renovate or remodel any building,
structure, park, utility, street, sidewalk or parking facility, or
any other type of capital project or any portion thereof. For any
project undertaken by a private developer involving land obtained
from the City of Newark, the Department of Economic and Housing Development
may require that the developer contribute funds to the Percent for
Arts Project Account. It also includes all construction costs as well
as architectural and engineering fees and site work associated with
public works capital improvement projects. Capital improvement costs
do not include administrative costs or costs related to the investigation
and remediation of hazardous materials.
b.
PUBLIC ART — Shall mean an original work of visual art by a
professional artist in a publicly accessible space; is integral to
and enriches the site; is of the highest quality; and, consistent
with community standards of decency and appropriateness, enhances
the quality of life of citizens and contributes to the City's prestige.
c.
PUBLIC ARTS PROJECTS — Shall mean projects that involve visual
artists working in conjunction with a Public Arts Advisory Commission
(as defined in paragraph e., below) under the aegis of the Newark
Department of Administration to create public art. Public arts projects
include but are not limited to paintings, murals, frescoes, mosaics,
inscriptions, stained glass, fiber work, statues, reliefs or other
sculpture; monuments, fountains, arches, or other structures intended
for ornament or commemoration; carvings, mobiles, photographs, drawings,
collages, prints, crafts — both decorative and utilitarian —
in clay, fiber, wood, metal, glass, plastics and other materials.
Works of art may be temporary as well as permanent.
d.
PUBLIC ART PROJECTS PLAN — Shall mean a prioritized list of
eligible sites, recommended design approaches and budgets to be considered
in any given year, developed by the Department of Administration in
conjunction with the Public Arts Advisory Commission, and in consultation
with City departments anticipating capital projects, to be approved
by the Municipal Council.
e.
PUBLIC ARTS ADVISORY COMMISSION — The Mayor shall establish
a Public Arts Advisory Commission whose members shall be confirmed
by the Governing Body consisting of individuals who possess the requisite
knowledge of arts and cultural affairs with the Mayor appointing a
total of 11 members, five of whom shall be recommended by the members
of the Municipal Council. The members shall serve staggered terms
of three years, with the appointments for year one being four members,
two Mayoral appointments and two Council appointments; for year two,
four members, two Mayoral appointments and two Council appointments;
for year three, three members, two Mayoral appointments and one Council
appointment. The Commission may, at its discretion, appoint artists
to serve on design and development teams to identify opportunities
to incorporate art in the public space.
f.
DEMOLITION COSTS — Shall mean payment for any work needed for
the removal of buildings or other existing structures from City property.
g.
EQUIPMENT COSTS — Shall mean payments for any equipment or
furnishings that are portable and of standard manufacture; it shall
not mean items that are custom designed for, or that create new use
for, a facility, whether portable or affixed.
h.
PERCENT FOR ARTS PROJECT ACCOUNT — Shall mean an account as
defined in Ordinance 6 SFI 041900.
i.
REAL PROPERTY ACQUISITION COSTS — Shall mean payments made
for the purchase of parcels of land, existing buildings or structures,
and costs incurred by the City for appraisals or negotiations in connection
with such purchases.
[Ord. 6 S+FI, 1-17-2001 § 3; Ord. 6 S+FE, 7-13-2005 § 3]
a.
Appropriations. All appropriations for City public works capital
improvement projects, including all bond projects and all other capital
projects funded from other sources shall include an amount equal to
1% of the total public works capital improvement cost to be dedicated
to the Percents for Arts Project Account. Funds appropriated will
be used for design services of artists, for the selection, acquisition,
purchase, commissioning, installation, examination and/or display
of original artworks, for the maintenance of artworks, for educating
the public about the artwork and the Department of Administration
administrative costs to manage the program. The 1% appropriation shall
include but not be limited to general fund funded capital improvements
and any and all other capital improvements funded from other revenues
including grants that may be so appropriated.
b.
Method of Calculation. The minimum amount to be appropriated to the
Percent for Art Account to fund artists' services and/or artworks,
maintenance, administration, and education shall be the total capital
project appropriation including all construction costs as well as
architectural and engineering fees and site work expenses, excluding
amounts budgeted from real property acquisition, demolition, and financing
costs.
c.
Exclusions. If the source of funding or other applicable law or regulation
with respect to any particular public works capital improvement project
or thereof prohibits or restricts the use of the 1% dedication of
such funds for public art, this section shall not apply to the project
expenses so prohibited or restricted.
d.
Grant Applications. All City departments shall, from the effective
date of this section, include in applications for public works capital
improvement projects to outside granting authorities, amounts for
artists' services and/or artworks as specified herein, where permitted.
e.
Waiver. The Mayor may request that the Municipal Council exclude
certain capital improvement projects from the provisions of this section
by the passage of a resolution authorizing such a waiver.
[Ord. 6 S+FI, 1-17-2001 § 4; Ord. 6 S+FE, 7-13-2005 § 4]
It is intended that funds in the Percent for Arts Project Account
will be appropriated in the annual budget to obtain visual art in
public places, to encourage and give preference to Newark artists
to participate in projects and to fund staff time in the Department
of Administration necessary to administer the Percent for Arts Program.
a.
Eligible Costs. Monies appropriated under this section may be used
for hiring artists to develop design concepts and for the selection,
acquisition, purchase, commissioning, placement, installation, exhibition,
and/or display of artworks. Artworks may be permanent or temporary
and integral to the architecture. Integration of the artists' design
concepts and/or the artworks into the project's architecture should
be ensured, insofar as feasible, by concurrent selection of the artist(s)
with the architect or designer.
All of the above are considered eligible expenses for the Percent
for Arts Program artists' fees. Artists' fees for such projects can
include the following:
1.
Structures which enable the display of artwork(s);
2.
Labor of assistants, materials, and contracted services required
for the production and installation of the work of art;
3.
Any required permit or certificate fees, business and legal costs
directly related to the project;
4.
Dealer's Fees and Commissions. In concurrence with the National Endowment
for the Arts and several arts agencies around the country, no more
than 10% of the artist's fee may be paid as a dealer/gallery commission;
5.
Communication and other indirect costs (insurance, utilities);
6.
Transportation of the work of art to the site;
7.
Preparation of site to receive artwork;
8.
Installation of the completed work of art;
9.
Administrative fees which may include the Department of Administration's
costs incurred in the process of administering the Percent for Arts
Program including staff time direct costs and administrative overhead.
b.
Ineligible Costs. Monies appropriated under this section may not
be used for the following:
1.
Directional elements such as supergraphics, signage, or color-coding
except where these elements are integral parts of the original work
of art or executed by artists in unique or limited editions;
2.
Art objects which are mass-produced of standard design such as playground
equipment or fountains;
3.
Reproduction, by mechanical or other means, of original works of
art, except in cases of film video, photography, printmaking, other
media arts;
4.
Decorative or functional elements, which are designed by a building
architect as opposed to an artist, commissioned for this purpose;
and
5.
Landscape architecture and landscape gardening except where these
elements are designed by the artist and are an integral part of the
work of art by the artist.
[Ord. 6 S+FI, 1-17-2001 § 5; Ord. 6 S+FE, 7-13-2005 § 5]
The Business Administrator or his/her designee shall transfer
monies appropriated pursuant to this section to the project account
within the Department of Administration designated "Percent for Arts
Project" into which monies appropriated hereof shall be deposited.
Funds so appropriated if not expended in any given fiscal year shall
be carried over to the next fiscal year. Funds appropriated from sources
placing time restrictions on expenditure of such funds shall be expended
according to such restrictions or are forfeited, unless an extension
is granted.
[Ord. 6 S+FI, 1-17-2001 § 6; Ord. 6 S+FE, 7-13-2005 § 6]
a.
The Public Arts Advisory Commission shall perform its duties with
respect to the Percent for Arts Program in accordance with the "City
of Newark Percent for the Arts Program Guidelines for Capital Budget
Projects" as set forth in the document, which follows hereto as Appendix
"A".[1] It shall give special attention to the following matters,
which are addressed in greater detail in the Guidelines:
1.
Conceptual compatibility of the design with the immediate environment
of the site;
2.
Appropriateness of the design to the function of the site;
3.
Compatibility of the design and location within a unified design
character or historical character of the site;
4.
Creation of an internal sense of order and a desirable environment
for the general community by the design and location of the work of
art;
5.
Preservation and integration of natural features with the project;
6.
Appropriateness of the materials, textures, colors, and design to
the expression of the design concept;
7.
Representation of a broad variety of citizen tastes consistent with
community standards of decency and appropriateness and the provision
of a balanced inventory of art in public places with regard to style,
design, and media; and
8.
Municipal goals with respect to minority participation and Newark
residency requirements for the awarding of professional service contracts.
[1]
Editor's Note: Appendix A, referred to herein, is included
as an attachment to this Chapter.
[Ord. 6 S+FI, 1-17-2001 § 7; Ord. 6 S+FE, 7-13-2005 § 7]
All arts objects acquired pursuant to this section shall be
acquired in the name of the City of Newark and title shall vest in
the City of Newark.
[Ord. 6 S+FB, 11-8-2001 § 2; Ord. 6 PSF-C, 4-2-2014]
Shall mean those areas which are within the geographic limits
of the City of Newark.
Shall mean the taking of still or motion pictures either
on film or videotape or similar recording medium, now known or hereinafter
created for commercial or educational purposes intended for viewing
on television, in theaters or for institutional uses. The provisions
of this chapter shall not be deemed to include the "filming" of news
stories within the City of Newark.
Shall mean a person who has a privilege to enter upon land
arising from the permission or consent of the owner of the land.
Shall mean any film or recurrent television series programming
or made for TV or internet streaming or other distribution method
which is financed and/or distributed directly or indirectly by a major
motion picture studio and/or their production and distribution subsidiaries,
which release a substantial number of films annually and consistently
command a significant share of box-office revenues in any given market,
including but not limited to the following:
Comcast/NBC Universal/Universal Pictures;
Time Warner/Warner Brothers Entertainment, including New Line
Cinema, Castle Rock Cinema, Village Road show, Bel-Aire;
MTV Films and Nickelodeon Movie;
Sony/Columbia;
Disney/Miramax/Marvel Studios/Lucasfilm/Pixar;
MGM-United Artists;
Viacom/Paramount/Dream Works;
Lionsgate Films;
The Weinstein Company;
21st Century Fox/Fox Entertainment;
HBO, and other cable network providers and their subsidiaries
or affiliates; and/or
Any film for which the budget is at least $5,000,000.
Shall mean the person, organization, corporation, association
or other entity issued a film permit pursuant to this ordinance.
Shall mean any and every public street, right-of-way, highway,
sidewalk, square, public park or playground or any other public place
within the City of Newark and/or is under the ownership or control
of the City of Newark, whether within the City or not (for example,
the lands owned and/or under the control of the City of Newark which
are part of the Newark Watershed).
[Ord. 6 S+FB, 11-8-2001 § 3; Ord. 6 PSF-C, 4-2-2014; Ord. 6PSF-A(S), 1-7-2016]
a.
No person or organization shall film or permit filming on public
or private land within the City of Newark without first applying for
and having obtained a permit from the Office of the Mayor, which permit
shall set forth the approved location of such filming and the duration
of such filming by specific reference to day or dates. Said permit
shall be readily available for inspection by City of Newark officials
at all times at the site of the filming. All permits shall be applied
for and obtained from the Mayor's Office of Public Information during
normal business hours. Applications for such permits shall be in a
form approved by the Mayor's Office of Public Information and be accompanied
by a permit fee in the amount established by this ordinance, along
with the necessary supporting documentation. The fees shall be deposited
in the general treasury.
b.
The Mayor's Office of Public Information shall not grant any permit
for filming unless the applicant, where practical, submits a copy
of a statement of concurrence with the proposed filming request signed
by the heads of not less than 51% of the households and/or business
owners on the block or blocks on which filming will take place.
c.
The Mayor's Office of Public Information shall not grant any permit
for which street closings are necessary, unless the application for
the permit is submitted more than 20 calendar days in advance of the
actual filming date. Permits for street closure shall be issued by
the Department of Engineering and are subject to a separate application
process. During the filming of any special effect or stunt requiring
the use of pyrotechnics or any material deemed hazardous to person
or property, including but not limited to, fireworks, open flames
or explosives, the applicant must first obtain any necessary fire
permit before the filming permit will be approved.
d.
The Mayor's Office of Public Information shall submit all applications
for street closings to the Newark Division of Police and Division
of Fire for their review and shall obtain a recommendation prior to
the granting of any permit for a street closing. The applicant shall
permit the Division of Fire or other City inspectors to inspect the
site and the equipment to be used. The applicant shall comply with
all safety instructions issued by the Division of Fire or other City
inspectors or personnel, including the Health Department.
e.
The Mayor's Office of Public Information shall prepare all forms
for the application permit to be granted under this ordinance.
f.
A permit is not intended to be a substitute for a License Agreement
between applicant/permittee and the City of Newark for the filming
on public lands, whether or not the filming is of City operations.
Such a License Agreement shall be obtained before such filming, which
License Agreement shall contain such terms and conditions, which are
to the satisfaction of the Corporation Counsel and the Business Administrator.
[Ord. 6 S+FB, 11-8-2001 § 4; Ord. 6 PSF-C, 4-2-2014; Ord. 6PSF-A(S), 1-7-2016]
a.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the City of Newark with satisfactory proof
of the following:
1.
Proof of insurance coverage as follows:
(a)
For bodily injury to any one person in the amount of $1,000,000
per occurrence and in the aggregate amount of $2,000,000.
(b)
For property damage for each occurrence in the aggregate amount
of $300,000.
(c)
The City of Newark shall be named as an additional insured and
a certificate holder entitled to 30 days' notice of modification or
cancellation.
2.
An agreement, in writing, whereby the permittee agrees to indemnify,
defend and hold harmless, the City, against any and all claims for
damage and liability for injury to or death of persons; and for damage
to or destruction of property of the owner occurring during permittee's
use of the premises and caused by permittee's operations under and
pursuant to this agreement; and shall pay reasonable cost of defending
lawsuits resulting including, but not limited to, reasonable attorneys
fees, court costs and any judgment awarded to a third party as the
result of such suit. In accordance with the foregoing, permittee shall
also indemnify, defend and hold harmless the City from any and all
claims of intellectual property.
3.
The hiring of an off-duty Newark police officer(s) for the times
indicated on the permit in such number as required by the Newark Division
of Police.
4.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Newark Division of Police with respect thereto.
5.
Consent of the property owner, if the property owner is not the applicant
or the City of Newark.
6.
The City also reserves the right to deem that a License Agreement
be a prerequisite to the filming on public land or involving the filming
of City operations, whether on public land or not, the terms and conditions
of which shall be in addition to any permit and permit fee.
[Ord. 6 PSF-C, 4-2-2014]
The permittee shall conduct filming in such a manner as to minimize
the inconvenience or discomfort to adjoining property owners attributable
to such filming and shall, to the extent practicable, abate noise
and park vehicles associated with such filming off the public streets.
The permittee shall avoid any interference with previously scheduled
activities upon public lands and limit, to the extent possible, any
interference with normal public activity on such public lands. Where
the licensee's production activity, by reason of location or otherwise,
will directly involve and/or affect any businesses, merchants or residents,
these parties shall be given written notice of the filming at least
three days prior to the requested shooting date and be informed that
objections may be filed with the Mayor's Office of Public Information.
Proof of service of notification to adjacent owners shall be submitted
to the Mayor's Office of Public Information within two days of the
requested shooting date.
[Ord. 6 PSF-C, 4-2-2014]
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
a.
Basic Filming Permit Fee: $500. Where an applicant requests a waiver of the provision of subsection 2:2-84.2 requiring an expedited processing of a license application within 20 days of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be $1,000.
b.
Daily Filming Fee for Major Motion Picture in Addition to Basic Filming
Permit Fee: One thousand $1,500 per day.
c.
Filming permit for nonprofit applicants filming for educational purposes:
No fee.
d.
Overnight Parking Fee For Use of Publicly Owned Property or Public
Right-of-Way: $500 per day. Nonprofit applicants: $50 per day.
[Ord. 6 S+Fb, 11-8-2001 § 9; Ord. 6 PSF-I, 11-4-2010; Ord. 6 PSF-C, 4-2-2014]
The City of Newark is an equal opportunity/affirmative action
employer and adheres to the State nondiscrimination policies and encourages
the application of minorities and women. Our nondiscrimination policy
is as follows:
The City of Newark does not discriminate against any employee
or applicant for employment because of race, creed, color, national
origin, ancestry, age, sex, affectional or sexual orientation, marital
status, familial status, liability for service in the Armed Forces
of the United States, nationality, public assistance, political affiliation
or beliefs or handicap.
[Ord. 6 S+Fb, 11-8-2001 § 10; Ord. 6 PSF-C, 4-2-2014; Ord. 6 PSF-A(S), 1-7-2016]
In addition to any other fees or costs mentioned in this section,
the permittee shall reimburse the City of Newark for any lost revenue,
such as parking meter revenue, repairs to public property or other
revenues that the City was prevented from earning or receiving because
of filming or over-night parking.
Further, the permittee shall reimburse the City for any additional
cost incurred by the Division of Police and/or Division of Fire as
a result of permittee's activity under this permit.
[Ord. 6 PSF-C, 4-2-2014; Ord. 6PSF-A(S), 1-7-2016]
The Mayor's Office of Public Information may refuse to issue
permit whenever it determines, on the basis of objective facts and
after a review of the application and a report thereon by the Division
of Police and by other City agencies involved with the proposed filming
site, that filming at the location and/or time set forth in the application
would violate any law or ordinance or would unreasonably interfere
with the use and enjoyment of adjoining properties, unreasonably impede
the free flow of vehicular or pedestrian traffic or otherwise endanger
the public's health, safety or welfare.
Further, the City reserves the right to require more than one
on-site Police Officer where the proposed production may impede the
proper flow of traffic; the cost of said Police Officer to be borne
by the applicant as a cost of production. Where existing electrical
power lines are to be utilized by the production, an on-site licensed
electrician may be similarly required if the production company does
not have a licensed electrician on staff or if City bargaining units
rule require a City employee. The applicant shall comply with all
prevailing wage laws in the employment of electricians or other trades.
Any person aggrieved by a decision denying or revoking a permit,
may appeal to the Business Administrator, in a written notice filed
with the Business Administrator filed within 10 days of the decision,
setting forth the reasons for the appeal. The decision of the Business
Administrator shall be final.
[Ord. 6 PSF-C, 4-2-2014]
Where the property owner of the premises is not the applicant
for a permit required by this section, both the owner and the applicant
shall each be liable for violations hereof. Any person violating this
section, upon conviction thereof, shall be punishable in accordance
with laws governing the violation of municipal ordinances.
[1]
Editor's Note: Ordinance No. 6 PSF-A, 12-8-2011 was vetoed
by the Mayor on December 16, 2011 together with a statement setting
forth his objections as the ordinance violates the Faulkner Act, State
Statutes and ordinances of the City of Newark. The veto was overridden
and the ordinance reconsidered and readopted as Ordinance No. 6 SFC,
1-19-2012 and is codified herein.
[Ord. 6 SFC, 1-19-2012 § 1]
The Newark Citizen Advisory Budget Committee, hereinafter referred
to as the "NCABC," shall be created by the Municipal Council to advise
and work with the Municipal Council in its annual budget review, analysis
and adoption; examine best practices around the country that may be
beneficial to the City of Newark; work with the Municipal Council's
Newark Budget Commission;[1] work with the Municipal Council to develop a civic educational
tool to educate residents about the budget process and maximize and
publicize citizen participation.
[1]
Editor's Note: The Municipal Council's Newark Budget Commission
is not in existence as of the codification date of this section (June
30, 2012).
[Ord. 6 SFC, 1-19-2012 §§ 2.3 — 2.5]
a.
The NCABC shall consist of 25 members in total. Nine members appointed
by the Municipal Council; nine members one from each of the City's
departments and be nominated by their respective and applicable unions;
six members of union leadership or their designees who shall represent
each of the City's employee unions and one designee of the Business
Administrator's Office to serve two year terms.
b.
The nine members appointed by the Municipal Council shall be assigned,
one each to the nine Administrative Departments. Of the nine, four
members shall be designated as at-large members to serve as reviewers
of the overall spending plan(s). The NCABC shall elect from its membership
a presiding officer who shall be referred to as Chairperson and such
officers shall serve for one year, or of the at-large members, one
shall serve as Chairperson and one shall serve as Vice Chairperson.
c.
Each of the nine Council Members shall nominate one person to serve
on the NCABC. The Municipal Council shall also nominate two of its
members to serve pro tempore. The City's participating unions shall
nominate one person from each City department to serve on the NCABC.
The City's participating unions shall nominate one person from their
local to serve on the NCABC. The Business Administrator shall nominate
one designee to serve on the NCABC. Members shall be appointed for
two year terms and may be reappointed in perpetuity.
1.
Each person shall be deemed appointed and shall commence service
after confirmation by the Municipal Council or on an effective date
of the previous member's resignation, or on the expiration of the
existing term for the position, as applicable.
2.
Each confirmation motion by the Municipal Council shall include ending
date and term for the position to which the person is appointed and
such information shall be entered into the Municipal Council's minutes.
3.
At the expiration of a member's term, the member may hold over and
continue to serve as a member until the member or a successor is appointed
and confirmed by the Municipal Council.
d.
Members of the NCABC shall serve without compensation.
[Ord. 6 SFC, 1-19-2012 §§ 2.1, 2.2]
a.
Each person at the time of application and/or nomination shall submit
a resume and application provided by the City Clerk. Any person appointed
to the Committee by the Municipal Council and the Business Administrator
shall have a strong financial, municipal finance, economics or related
background. Any person appointed to the Committee by the participating
City's union shall not be at the director or managerial level within
the nine administrative departments and must have a minimum of five
years of experience within that department. Any participating union
representative or designee shall have strong knowledge of finance
and alternatives to current budgetary practices.
b.
The Municipal Council shall evaluate the potential contribution that
each applicant may make, taking into consideration the following:
1.
Desire to perform public service;
2.
Scope of work; clear task description;
3.
Ability to express ideas; concepts or philosophies;
4.
Experience in the community on other boards and committees;
5.
Ability to work with others to reach consensus and compromise; and
6.
Any other matters appropriate to the Task Force's work.
[Ord. 6 SFC, 1-19-2012 § 3-3.15]
a.
The NCABC shall have the power to access records through the Open
Public Records Act (OPRA), the Municipal Council and City Clerk's
Office and shall be permitted to review and revise its recommendations
to provide accurate analysis and feedback.
b.
All recommendations must be completed before final adoption of the
budget and shall be published on the City of Newark's official website.
c.
The NCABC shall make written recommendations setting forth reasons,
fact, policies and/or findings to the Municipal Council's Newark Budget
Commission, when appropriate, on proposed ordinances, resolutions,
motions, before action is taken by the Municipal Council.
d.
A quorum for conducting business is a simple majority of the membership
of the NCABC. All meetings shall be held at least quarterly, at a
public place at a regularly scheduled time, or at a special meeting
time following notice provided to the Clerk's Office. No meeting shall
be scheduled without at least 48 hours' notice to the Clerk's Office
unless special arrangements are otherwise made with the City Clerk.
e.
The NCABC shall provide for the taking of minutes, and the City Clerk
shall be responsible for maintaining the records of all regular and
special meetings.
f.
The NCABC shall cease to exist upon the accomplishment of the special
purpose for which it was created, or when abolished by majority vote
of the Municipal Council.
g.
The City shall inform the Municipal Council of pending vacancies
on the NCABC and shall schedule meetings as necessary for the Municipal
Council's consideration and approval of applications for appointment.
h.
Vacancies for citizen boards and commissions shall be advertised
in the City's official newspaper so that any interested citizen may
submit an application. Applicants are urged to be citizens of the
City of Newark, but applications from residents living outside of
the corporate boundaries may also receive consideration under certain
circumstances. Council members are encouraged to solicit applications
from qualified citizens.
i.
Applications of citizens not recommended for appointment to an Advisory
Board will be filed in the Office of the City Clerk for reconsideration
whenever a position becomes available consistent with the applicant's
qualifications or interests.
j.
Newly-appointed members will receive a briefing by City staff; regarding
duties and responsibilities of the members of the Advisory Board NCABC.
k.
Excessive absenteeism, excluding illness or required travel, is cause
for removal of a member. Three consecutive absences will be considered
resignation from the NCABC unless prior to the third absence, the
member has requested, and then been granted, an excused absence. The
NCABC membership will determine the validity of the request.
l.
Members may resign at any time their personal circumstances change
to prevent effective service.
m.
Members may be removed prior to the expiration of their term of office,
by a majority vote of the Municipal Council.
n.
All members of the NCABC should be aware of the need to avoid any
instance of conflict of interest. No individual should use an official
position to gain a personal advantage.
o.
All members of the NCABC shall not be subjected to progressive discipline
due to participation on the Committee. Members conducting research
and analysis criticizing existing departmental policies and/or procedures,
or proposing solutions contrary to current or proposed Administration
policies, shall be protected to do so.
[Ord. 6PSF-B, 3-16-2016; amended 12-2-2020 by Ord. No. 6PSF-A, 12-02-2020]
a.
Establishment and Structure.
1.
Established - Civilian Complaint Review Board. There is established
in the Office of the Mayor, a Civilian Complaint Review Board to address
and participate in the resolution of complaints filed by citizens
against the Department of Public Safety, Division of Police and/or
its officers and members. Public complaints against members of the
NPD shall be investigated and discipline, if any, shall be recommended
to the Public Safety Director by a Civilian Complaint Review Board.
2.
Structure-Civilian Complaint Review Board. The Civilian Complaint
Review Board will have the following structure:
(a)
Members, Selection Process. The Civilian Complaint Review Board
(hereinafter referred to as the "CCRB" or the "Board", shall consist
of 13 members of the public, all appointed by the Mayor with the advice
and consent of the Municipal Council: three shall be elected members
of the Municipal Council or their designees, who shall be nominated
by the Municipal Council and recommended to the Mayor; the Mayor shall
accept 10 nominations, two of which shall be young adults between
the ages of 18 and 25, from the seven organizations below that shall
form the standing Nominating Committee of the CCRB, for consideration
for appointment to the Board by the Mayor with the advice and consent
of the Municipal Council.
(1)
American Civil Liberties Union ("ACLU") - New Jersey.
(2)
National Association for the Advancement of Colored People ("NAACP")
- New Jersey.
(3)
People's Organization for Progress ("POP").
(4)
La Casa de Don Pedro.
(5)
Ironbound Community Corporation ("ICC").
(6)
Newark Anti Violence Coalition ("NAVC").
(7)
Representatives of the Clergy (referring to any person who provides
moral, spiritual, or philosophical guidance as a profession).
The Nominating Committee shall consider potential nominees to
the CCRB from its ranks or from the community at large, and shall
consider such nominees' demonstrated commitment to community improvement,
professional experience in law, civil rights or law enforcement and
other qualifications. The Nominating Committee shall provide the Mayor
with the resumes and any other submissions that establish the nominee's
qualifications to be appointed to the Board and such information shall
be provided to the Municipal Council for its review and consideration.
The Mayor shall designate which organization will serve as the
Nominating Committee's Chairperson on an annual basis. Organizations
serving on the Nominating Committee may propose members from its organization,
but the nominee need not be a member of such organization, to be considered
for selection by the Nominating Committee and presented to the Mayor
for appointment. Only one member from each organization may serve
at any given time as a Board Member. No Board Member shall serve on
the Nominating Committee.
The Mayor has the authority to remove a Board Member for cause,
and to request that the Nominating Committee make recommendations
for a replacement. The Mayor has the authority to remove the Nominating
Committee Chairperson for cause, and to designate another member to
complete the Chairperson term. The Mayor also has the authority to
remove an organization for cause and designate another organization
to serve on the CCRB Nominating Committee.
Any member of the clergy appointed to the Board shall represent
the public interest and may not render decisions based on any personal
religious belief.
(b)
Chairperson, Term of Membership. The Mayor shall designate one
of the members to be the Chairperson. The term of the members shall
be three years, except that of the members first appointed, five shall
be appointed for terms of one year, the Municipal Council members
shall be appointed for terms of two years.
(c)
Restrictions and Administration. No member of the Board shall
be former employees of the Newark Police Department. The Administrator
shall serve as the administrative head of the Board, assist the Board
with supervision of civilian employees, supervise intake and communications
on behalf of the Board with complainants and victims. The Administrator
shall provide such assistance as the Board needs to receive complaints,
perform investigations, hire and assign civilian staff, and ensure
the training of Board members and staff.
The Administrator shall review completed investigations, sit
in on ongoing cases and may make policy recommendations to the Board
as a whole.
(d)
Vacancy. In the event of a vacancy on the Board during the term
of office of a member, by reason or removal, death, resignation, or
otherwise, a successor shall be chosen in the same manner as the original
appointment. A member appointed to fill a vacancy shall serve for
the balance of the unexpired term.
(e)
Within 45 days of the effective date of this section, the CCRB
Board shall create a confidentiality policy for documents and all
information received or created by the CCRB. Each Board member and
employee shall sign acknowledgement that he or she has received and
read the confidentiality policy before his or her respective service
to the CCRB commences. Current Board members shall sign for receipt
of the confidentiality policy within 10 days of adoption by the Board.
Failure to sign the confidentiality policy is grounds for automatic
retraction of board appointment or employment.
(f)
Within 45 days of appointment or employment, each board member
or employee shall complete CCRB training. Failure to complete training
within 45, unless an extension is granted by the Administrator, is
grounds for removal from the Board or termination of employment.
[Ord. 6PSF-B, 3-16-2016]
The Board shall be allocated, on an annual basis, an operating
budget which shall be proposed by the Mayor in the City's Annual Budget
and adopted by the Municipal Council of the City of Newark. During
the first quarter of the year, the Board shall submit a proposed annual
operating budget to the Mayor and annual financial statements for
consideration at a budget hearing to be conducted by the Mayor and/or
the Business Administrator. The Mayor and/or Business Administrator
of the City of Newark shall determine, upon conclusion of the hearings,
the appropriation for the CCRB to be included in the years' corresponding
City budget and shall be a line item in the Department of Public Safety,
Division of Police Budget.
Within 45 days of the first full sitting Board, the Board shall submit to the Mayor a proposed budget to cover initial costs and expenses related to the hiring, and training of employees and Board members, secure necessary infrastructure and equipment, conduct a public awareness campaign, and otherwise implement the requirements of this Section 2:2-86. This allocation shall be a one time appropriation in an amount that shall not exceed $500,000 subject to Municipal Council and State of New Jersey, Division of Local Government Services/DCA approval pursuant to terms of the Memorandum of Understanding between the State of New Jersey and the City of Newark for Transitional Aid.
[Ord. 6PSF-B, 3-16-2016]
a.
The Board shall have the power to receive, investigate, hear, make
findings and recommend action upon complaints by members of the public
(including, but not limited to complaints made by other police officers
or personnel) against uniformed and sworn personnel of the NPD that
allege misconduct involving inappropriate behavior or actions, including
but not limited to excessive use of force, abuse of authority, unlawful
arrest, unlawful stop, unlawful searches, discourtesy or use of offensive
language, including, but not limited to, slurs relating to race, ethnicity,
religion, gender, age, sexual orientation, gender identity or expression,
and disability, theft, and any other categories protected under law.
Any member of the public is intended to have the broadest possible
meaning and interpretation.
b.
At the conclusion of the Newark Police Division's investigation of a complaint or behavior, the Board shall have the power to conduct a review of the findings, conclusion and recommendations of the Division of Police (Investigation Review). The Board shall report its findings of the Investigation Review to the Public Safety Director. A semi-annual report of the Investigation Reviews shall be submitted to the Mayor, Public Safety Director and the Municipal Council. The Board may utilize all the powers set forth in this Section 2:2-86 to carry out the Investigation Reviews.
c.
The jurisdiction of the Board shall be concurrent with that of the
NPD to investigate complaints or behavior.
d.
The Board shall have the power and authority to consider and make
recommendations to the Public Safety Director, Mayor, Municipal Council,
and the public with regard to policies and procedures concerning the
general investigation of complaints by the Division of Police as well
as its Internal Affairs procedures. The Board shall also have the
power and authority to investigate and make recommendations regarding
practices and/or patterns of behavior that are problematic with regard
to the interaction of the Division of Police with the public at large,
public safety concerns, failures of communication with the public,
or any other area regarding police practices and policy or police-community
relations.
The findings and recommendations of the Board, and the basis
therefor, including those that may relate to suggested general policies
and procedures not specific to any particular investigation or complaint
shall be submitted to the Public Safety Director. No finding or recommendation
shall be based solely upon an unsworn complaint or statement, nor
shall prior unsubstantiated, unfounded or withdrawn complaints be
the basis for any such finding or recommendation with regard to a
particular complaint, but such findings or recommendations shall be
grounded in a residuum of some competent support or evidence.
e.
Changes and/or amendments to the Rules of Procedures and/or the Rules of the Board set forth in subsection 2:2-86.5 of this section may be proposed by the Board. A public hearing of the Board shall be convened to accept public comments of the proposed changes and/or amendments. The proposed changes and/or amendments as recommended by the Board shall be submitted to the Mayor and/or the Administration of the City of Newark no later than 10 days after the public hearing was held. The Mayor and/or the Administration shall review the proposal and may make changes and amendments to the proposal prior to submitting it to the Municipal Council for approval which shall be not later than 45 days after receipt from the Board. The proposal shall be submitted by the Mayor and/or the Administration to the Municipal Council for review and approval. The Rules of Procedure shall prescribe the manner in which investigations are to be conducted and recommendations made and the manner by which a member of the public is to be informed of the status of his or her complaint. Such Rules may provide for the establishment of subcommittees or panels, which shall consist of not less than three members of the Board, which shall be empowered to supervise the investigation of complaints, and to hear, make findings and recommend action on such complaints. No such subcommittee or panel shall consist exclusively of members designated by the Municipal Council.
f.
The Board may require the production of such records and other materials
as are necessary for the investigation of complaints submitted to
the Board, pursuant to this section through the issuance of subpoenas.
Upon a majority vote of members of the Board, the Board may issue
subpoenas ad testificandum and duces tecum, which may be served to
the extent permitted by law.
g.
The Board shall establish a mediation program pursuant to which a
complainant may voluntarily choose to resolve a complaint by means
of informal conciliation.
h.
The Board is authorized, within appropriations available to it, to
appoint and train such civilian employees as are necessary to exercise
its powers and fulfill its duties, which employees shall be employees
of the City of Newark. Board members shall receive the same training
as provided to civilian employees.
i.
The Board shall issue to the Mayor and the Municipal Council a semi-annual
report which shall describe its activities and summarize its action.
The Board shall have the responsibility of informing the public about the Board and its duties, and shall develop and administer an ongoing program for the education of the public regarding the Board. The Board shall hold public meetings and shall regularly report to the public on its activities and other policing information it determines to be in the public interest. It shall adopt rules to delineate its public reporting requirements. Those initial rules are set forth in this Section 2:2-86.
j.
The Board shall use an established discipline matrix and guidelines
to recommend discipline for outcomes resulting from investigations
and complaints filed with the Board and/or the NPD. Said discipline
matrix and guidelines shall act as safeguards to ensure the consistent
application of discipline and should include aggravating and mitigating
factors. The discipline matrix and guidelines should be developed
by the Public Safety Director and affected bargaining units, in consultation
with the CCRB, and must accord with any Consent Order or Judgment
with the United States Department of Justice.
k.
The Board shall provide its findings of fact to the Public Safety
Director and, absent clear error, the Public Safety Director shall
accept those findings of fact. The Board shall also make disciplinary
recommendations and the Public Safety Director shall make all disciplinary
decisions based on the CCRB's findings of fact, absent clear error,
and consistent with the matrix and guidelines.
[Ord. 6PSF-B, 3-16-2016]
a.
It shall be the duty of the Department of Public Safety, Division
of Police to provide such assistance as the Board may reasonably request,
to cooperate fully with investigations by the Board, and to provide
to the Board upon request records and other materials which are necessary
for the investigation of complaints submitted pursuant to this section,
except such records or materials that cannot be disclosed by law.
b.
The Public Safety Director, with the assistance of the Police Chief,
shall ensure that officers and employees of the NPD appear before
and respond to inquiries of the Board and its civilian investigators,
if any, in connection with the investigation of complaints.
c.
In any case substantiated by the Board in which the Public Safety
Director finds clear error in the findings of fact or intends to impose
discipline that is of a lower level than that recommended by the Board
or by the NPD's Police Trial Board, the Public Safety Director shall
notify the CCRB in writing, prior to the imposition of such discipline,
detailing the specific reasons for the decision not to accept the
CCRB's findings of fact, or to impose the discipline recommended by
the CCRB or the Police Trial Board. The Board may then request that
the Public Safety Director appear in person before the Board for further
explanation or to address questions from the Board. The Public Safety
Director shall cooperate with requests to appear before the Board.
d.
The provisions of this section shall not be construed to limit or
impair the authority of the Public Safety Director to discipline members
of the NPD nor obviate the responsibility of the NPD to investigate
citizen complaints or incidents to which NPD is made known, involving
uniformed and sworn members of the NPD, and to promptly inform the
CCRB of all such complaints or incidents. Nor shall the provisions
of this section be construed to limit the rights of members of the
NPD with respect to disciplinary action, including, but not limited
to the right to notice and a hearing, which may be established by
any provisions of law or otherwise.
e.
The provisions of this section shall not be construed to prevent
or hinder the investigation or prosecution of a member of the NPD
for violations of law by any court of competent jurisdiction, a grand
jury, County or State Prosecutor or any other authorized officer,
agency or body.
f.
The processing and review of civilian complaints shall not be deferred
because of any pending or parallel disciplinary proceeding or criminal
investigation unless such request for deferment is made by the office
of a County Prosecutor or a State or Federal law enforcement agency
or prosecutor or by a court order.
g.
The Public Safety Director shall ensure that any adverse action by
a member of the NPD towards an individual which is due to an action
taken to exercise his or her rights to file a misconduct complaint,
or which likely would deter an individual from exercising their rights
or making or supporting a complaint, is prohibited.
[Ord. 6 PSF-B, 3-16-2016]
The Rules of the Civilian Complaint Review Board are adopted
herein by Ordinance No. 6PSF-B.[1]
[1]
Editor's Note: The Rules of the Civilian Complaint Review
Board are included as an attachment to this Chapter.
[Ord. 6PSF-H, 10-3-2012; amended 1-8-2020 by Ord. No. 6PSF-B, 01-08-2020]
a.
The Newark Watershed Conservation and Development Corporation (NWCDC),
Invest Newark [IN] (formerly Newark Community Economic Development
Corporation [NCEDC], formerly the Brick City Development Corporation
[BCDC]), Newark Performing Arts Corporation (Symphony Hall), and the
Newark Parking Authority of the City of Newark are entities legislatively
created by the City of Newark as either statutory authorities or non-profit
corporations, to carry out various functions and/or duties on behalf
of the City of Newark, and each of these entities have charters and
by-laws.
b.
In the event that any of the entities named herein intend to change
or amend its charter or by-laws, it shall be required to submit any
proposed changes/amendments to the City of Newark Administration and
the Municipal Council of the City of Newark, and that in order for
any changes/amendments to become effective they shall require prior
review and approval by the Municipal Council by Ordinance or Resolution
as law may provide.
[Ord. 6PSF-D, 12-5-2018]
The City hereby establishes the Newark Equitable Growth Advisory
Commission (the "Commission"), comprised of a cross-section of stakeholder
experts drawn from community, academia, business and non-profit sectors
for the purpose of ensuring that development policies and projects
in Newark follow principles of equity and achieve the maximum amount
of inclusion and opportunity for its current and future residents.
[Ord. 6PSF-D, 12-5-2018]
To effectuate this purpose, the Commission shall have the authority
to conduct research, convene meetings with City officials, experts,
private individuals and entities, hear concerns from members of the
public, and make inquiries in response to such concerns, issue findings
and make recommendations and provide advice to the City on issues
involving the following:
a.
Planning and land use laws and policies;
b.
Housing law and policy;
c.
Public financing for housing, real estate and infrastructure development;
d.
Public health matters implicated by any of the above areas affecting
public life in Newark;
e.
Bidding, supplier diversity, procurement and business development.
[Ord. 6PSF-D, 12-5-2018; Ord. 6PSF-A, 6-18-2019]
The Mayor shall appoint up to 15 members to the Commission with
the advice and consent of the Municipal Council to serve two-year
terms. Any Commissioner whose term is not completed shall be replaced
by a new (alternate) Commissioner who shall serve out the remainder
of the term. No Commissioner shall serve for more than two consecutive
terms. The Manager of the Office of Affordability and Sustainability
shall serve as the Chairperson of the Commission.
[Ord. 6PSF-D, 12-5-2018]
a.
The Commission may promulgate by-laws or other regulations governing
the procedure of the Commission. No provision of the by-laws or procedural
regulation shall be contrary to the provisions of this section or
other applicable law.
b.
Amendments to the by-laws may be recommended at any time by any member
of the Commission, provided, however, that any such amendment shall
be clearly set forth on the agenda and the membership has been notified
in writing.
c.
Enactment of the by-laws and other regulations and passage of any
amendment to the same shall require a 2/3 majority vote of the voting
members of the Commission.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
a.
There is hereby established, pursuant to the provisions of N.J.S.A.
40:55D-1 et seq., in the City of Newark, the Central Planning Board
of nine members and two alternates, who shall all be residents of
the City of Newark and consist of the following four classes:
1.
Class I. The Mayor or the Central Planning Board Director in the
absence of the Mayor.
2.
Class II. One of the officials of the municipality, other than a
member of the Governing Body, to be appointed by the Mayor; provided
that if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Central Planning
Board member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
3.
Class III. A member of the Governing Body to be appointed by it.
4.
Class IV. Six other citizens of the municipality, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment except that one member may be a member
of the Zoning Board of Adjustment and one member may be a member of
the Board of Education. A member of the Environmental Commission who
is also a member of the Central Planning Board as required by N.J.S.A.
40:56A-1 shall be a Class IV Central Planning Board member unless
there be among the Class IV members of the Central Planning Board
both a member of the Zoning Board of Adjustment and a member of the
Board of Education, in which case the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board. For the purpose of this section, membership on a City board
or commission whose function is advisory in nature, the establishment
of which is discretionary and not required by statute, shall not be
considered the holding of City office.
b.
Alternate Members. There shall be appointed two alternate members
of the Central Planning Board. Alternate members shall be appointed
by the Mayor and shall meet the qualifications of Class IV members
of a nine member Central Planning Board. Alternate members shall be
designated at the time of appointment by the Mayor as "Alternate No.
1" and "Alternate No. 2." Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
a.
The term of the member composing Class I shall correspond to the
Mayor's official tenure or if the member is the Mayor's designee in
the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during his or her official tenure.
b.
The terms of the members composing Class II and Class III shall be
for one year or terminate at the completion of their respective terms
of office, whichever occurs first, except for a Class II member who
is also a member of the Environmental Commission. The term of a Class
II or a Class IV member of the Environmental Commission shall be for
three years or terminate at the completion of his or her term of office
as a member of the Environmental Commission, which ever first occurs.
c.
The term of a Class IV member who is also a member of the Zoning
Board of Adjustment shall terminate whenever he is no longer a member
of such other body or at the completion of his Class IV term, whichever
first occurs.
d.
The terms of all Class IV members first appointed pursuant to this
section shall be so determined that, to the greatest practicable extent,
the expiration of such term shall be distributed evenly over the first
four years after their appointments, provided that the initial Class
IV term of no member shall exceed four years. Thereafter, all Class
IV members shall be appointed for terms of four years. If a vacancy
in any class shall occur otherwise than by the expiration of the Central
Planning Board term, it shall be filled by appointment, as provided
above, for the unexpired term.
e.
All terms shall run from January 1st of the year in which the appointment
is made.
f.
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. (N.J.S.A. 40:55D-23.1)
g.
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
Any member other than a Class 1 member, after a Public Hearing,
if requested, may be removed by the Municipal Council for cause.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
No member of the Central Planning Board shall be permitted to
act on any matter in which he or she has any personal or financial
interest, either directly or indirectly.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
If the Central Planning Board lacks a quorum because any of
its regular or alternate members are prohibited by this section from
acting on a matter due to the member's personal or financial interest,
then regular members of the Zoning Board of Adjustment shall be called
upon to serve, for that matter only, as temporary members of the Central
Planning Board in order of seniority of continuous service to the
Zoning Board of Adjustment until there are the minimum number of members
necessary to constitute a quorum to act upon the matter without any
personal or financial interest. If a choice has to be made between
regular members with equal seniority, the Chairperson of the Zoning
Board of Adjustment shall make the choice. (N.J.S.A. 40:55D-23.2)
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
The Central Planning Board shall elect a Chairperson and Vice
Chairperson from the members of Class IV and select a Secretary who
may or may not be a member or alternate member of the Board or a City
employee.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
Each Class IV member and alternate member of the Central Planning
Board shall receive a salary of $166 per meeting (up to 24 meetings
per year) for attending board meetings, for each meeting thereafter,
each member or alternate shall receive $250, per meeting. Such salaries
shall be paid quarterly and in proportion to the number of meetings
attended by the member each quarter. No member other than Class IV
members and alternate members shall be paid for attending board meetings.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
a.
The Central Planning Board shall have and exercise the power and
authority conferred by the Municipal Land Use Law, N.J.S.A. 40:55D-24,
to appoint an attorney on a part-time basis, other than a municipal
attorney, to the Board. The appointee shall be a member of the New
Jersey Bar in good standing.
b.
The term of the appointment shall be for a period of not more than
one year; which commences after January 1st of each year and expires
on December 31st of the same year. Any appointment which commences
after January 1st of any year shall be for the remaining period of
the year; thereby expiring on December 31st of the same year. The
appointment of an attorney to the Central Planning Board shall in
no way obligate the City of Newark to finance the position of attorney
within the City Budget in any particular fiscal year.
c.
The attorney shall receive a salary to be ordained by the Municipal
Council.
d.
It shall be the duty and responsibility of the attorney to advise
and counsel the Central Planning Board on all matters and functions
of the Board. The attorney shall appear on behalf of and before the
Newark Central Planning Board at its scheduled meetings.
e.
No provisions of this section shall be construed to confer upon the
attorney the authority or the right to vote on any matters which come
before the Board.
[Added 1-8-2020 by Ord.
No. 6PSF-A, 01-08-2020]
The Central Planning Board may employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not however exceed, exclusive of gifts or grants,
the amount appropriated by the Municipal Council for its use.
[Added 3-16-2022 by Ord.
No. 6PSF-b, 03-16-2022]
The following definitions apply to this section:
Means the City of Newark and all City-Related Agencies.
Means all authorities and quasi-public corporations which
either: receive appropriations from the City, have entered into continuing
contractual or cooperative relationships with the City, including
any agreement whereby the City funds an agency's debt service; or
operate under legal authority granted to them by City ordinance.
Defined by the criteria below:
Literally Homeless: Individual or family that lacks a fixed,
regular, and adequate nighttime residence;
Imminent Risk of Homelessness: Individual or family that will
imminently lose their primary nighttime residence, provided that:
(i) Residence will be lost within 14 days of the date of application
for homeless assistance; (ii) No subsequent or alternative residence
has been identified; and (iii) The individual or family lacks the
resources or support networks needed to obtain other permanent housing;
Homeless under other Federal Statutes: Unaccompanied youth under
25 years of age, or families with children and youth, who do not otherwise
qualify as homeless under this definition, but who: (i) Are defined
as homeless under the other listed federal statutes; (ii) Have not
had a lease, ownership interest, or occupancy agreement in permanent
housing during the 60 days prior to the homeless assistance application;
(iii) Have experienced persistent instability as measured by two or
more moves during the preceding 60 days; and (iv) Can be expected
to continue in such status for an extended period of time due to special
needs or barriers; and
Fleeing/Attempting to Flee DV: Any individual or family that:
(i) Is fleeing, or is attempting to flee domestic abuse, or violence;
(ii) Has no other residence; and (iii) Lacks the resources or support
networks to obtain other permanent housing.
[Added 3-16-2022 by Ord.
No. 6PSF-b, 03-16-2022]
There shall be within the Office of the Mayor, an Office of
Homeless Services, the head of which shall be the Homelessness Czar.
The Mayor shall appoint the Homelessness Czar.
[Added 3-16-2022 by Ord.
No. 6PSF-b, 03-16-2022]
The Homelessness Czar, under the direction of the Mayor, shall:
a.
Develop and measure the overall effectiveness of a City-wide strategy
to address homelessness;
b.
Manage policy initiatives and programs that advance the City's homelessness
initiatives;
c.
Use data and research to inform the City's investments in homelessness
to assure a targeted approach to homelessness in the community at
large;
d.
Establish and maintain the city-wide homelessness initiatives budget.
[Added 3-16-2022 by Ord.
No. 6PSF-b, 03-16-2022]
a.
Subject to budget appropriation, the Office of Homeless Services
will be comprised of, but not limited to, the Homelessness Czar, Deputy
Homelessness Czar, Contracts Manager, Housing Planner, Human Resources
Clerk, and a Fiscal Officer.
1.
The Deputy Homelessness Czar will provide support to the Homelessness
Czar and will serve as the office lead in the Homelessness Czar's
absence.
2.
The Contracts Manager will draft and manage contracts and documents
for the Office of Homeless Services projects, programs, and initiatives.
3.
The Housing Planner will research development opportunities for temporary
housing, permanent housing and shelter and will coordinate efforts
to increase the temporary housing and permanent housing stock for
residents without addresses.
4.
The Human Resources Clerk will assist with the hiring process, which
includes assistance in sourcing candidates, setting up interviews,
maintaining records and managing personnel time.
5.
The Fiscal Officer will provide fiscal, policy, and internal control
management of all funds in the Office of Homeless Services.
[Added 3-16-2022 by Ord.
No. 6PSF-b, 03-16-2022]
The funding for the Office of Homeless Services shall be provided
for in the budget of the Office of the Mayor.
