[Added 7-11-1985 by Ord. No. 865-85]
There shall be a Board of Alcoholic Beverage
Control.
A.
Appointment; composition; term. The Board shall be
comprised of three members, not more than two of whom shall be of
the same political party, who shall be appointed by the Mayor with
the advice and consent of the Council. Each member shall serve for
a term of three years, provided that of those first appointed one
shall be appointed to a term of one year, one for two years and one
for three years.
B.
Vacancies; compensation; removal. Vacancies shall
be filled in the same manner as the original appointment for the remainder
of the unexpired term. Members shall serve without compensation but
may be reimbursed for necessary expenses incurred in the performance
of their duties. Any Board member who shall, during a calendar year,
be absent for three consecutive regularly scheduled meetings of the
Board to which he or she has been appointed shall be subject to removal
by the Mayor in accordance with the provisions of this section. The
Secretary to the Board of Alcoholic Beverage Control shall be required
to report to the Mayor three consecutive absences in the calendar
year by any member of the Board, and when requested to do by the Mayor,
the member of the Board who missed three consecutive regularly scheduled
meetings during the calendar year shall submit a written explanation
for each of his or her absences. Any Board member may also be removed
by the Mayor for cause in accordance with the provisions of this section.
[Amended 2-8-2011 by Ord. No. 1862-11]
C.
In the event
that the Mayor determines preliminarily that there have been three
consecutive absences from regularly scheduled meetings by any appointed
member, and that the absences are without "reasonable justification"
as defined herein, or that cause otherwise exists for the removal
of such Board member, the Mayor shall have the right to introduce
a resolution for the consideration of the City Council to institute
removal proceedings. No member of the Board shall be removed based
on his or her absence at a regularly scheduled meeting where there
was a reasonable justification for the absence. "Reasonable justification"
for absence shall mean illness of the Board member or immediate family
member of the Board member and/or exigent business or personal responsibilities
which render it impracticable for the Board member to be in attendance.
Where the Mayor has instituted such removal proceedings, the proceedings
shall be as follows:
[Added 2-8-2011 by Ord. No. 1862-11]
(1)
A written
notice of intention to remove shall be mailed to the Board member
at his or her home address. The notice shall advise the Board member
as to a right to a hearing before the City Council; as to the right
to be represented by counsel; and as to the right to cross-examine
witnesses and present witnesses on his or her behalf. The notice shall
set forth a date for a proposed hearing and shall notify the Board
member that if he or she wishes to contest the removal, a written
notice of intention to contest must be submitted to the City Clerk
at least 10 days prior to the scheduled hearing. The notice to the
Board member shall list the dates of the regularly scheduled meetings
from which the Board member is alleged to have been absent or shall
otherwise set forth the factual basis for such removal.
(2)
The
hearing shall be conducted by the City Council in Council chambers.
The Board member shall have a right to participate in the proceedings,
either personally or by counsel, and shall have a right to examine
witnesses and present evidence. Upon conclusion of all the evidence,
the City Council shall make findings of fact and conclusions as to
whether the Board member shall be removed.
D.
The Secretary
for the Board of Alcoholic Beverage Control shall forward the minutes
of all Board meetings to the City Council once approved by the Board
of Alcoholic Beverage Control.
[Added 2-8-2011 by Ord. No. 1862-11]
[Amended 12-6-1984 by Ord. No. 816-84]
There is hereby created in the City a Board
of Trustees of the Free Public Library to consist of nine members,
two of whom shall be the Mayor of the City and the City Superintendent
of Schools, the other seven to be appointed by the Mayor. The Mayor
and the Superintendent of Schools may, respectively, appoint an alternate
to act in his/her place and stead with authority to attend all meetings
of the Board and, in his/her absence, to vote on all questions before
the Board.
[Amended 11-10-1993 by Ord. No. 1239-93]
A.
Court contained. The Municipal Court heretofore established
for the City of Passaic is hereby continued.
B.
Name. The name of the Municipal Court shall be the
"Municipal Court of the City of Passaic."
C.
Seal. The Municipal Court shall have an official seal
which shall bear the impress of the name of the Court.
D.
Appointment of Judges; term. There shall be three
judges of the Municipal Court, who shall be appointed by the Mayor
with the advice and consent of the City Council, for the term of three
years from the date of their appointment and who shall serve until
their successors are appointed and qualified. The governing body shall
designate one of the judges as the Chief Judge.
[Amended 8-2-2001 by Ord. No. 1519-01; 7-17-2007 by Ord. No.
1728-07; 3-4-2014 by Ord. No. 1973-14; 12-21-2017 by Ord. No. 2139-17]
E.
Compensation of Judges. The Municipal Judges shall
receive such annual salary as the Council shall from time to time
fix by ordinance. Their salary shall be paid in the same manner as
the salaries of other municipal officers are paid and shall be in
lieu of all fees, costs and other allowances whatsoever.
[Amended 8-2-2001 by Ord. No. 1519-01]
F.
Function and powers; jurisdiction; Court session.
Said Municipal Court and Judges of the Municipal Court shall possess
and exercise all of the functions, powers, duties and jurisdiction
conferred by the provisions of N.J.S.A. 2B:12-1 et seq., as amended
and supplemented. The Chief Judge shall designate the time and place
of Court and assign cases among the Judges pursuant to the Rules of
Court.[1]
[Amended 8-2-2001 by Ord. No. 1519-01]
[1]
Editor's Note: Original Subsections 2-4.4,
Planning Board, and 2-4.5, Board of Adjustment, which immediately
followed this section, were deleted 7-11-1985 by Ord. No. 865-85.
G.
Municipal Public Defender; application fee.
[Added 8-16-2001 by Ord. No. 1521-01]
(1)
In order to obtain the services of the Public Defender,
an application must be filed with the Municipal Court on a form to
be provided by the City. The Municipal Court Judge shall make a decision
as to whether a defendant is indigent after reviewing each defendant's
application. This determination shall be based upon whether the defendant
has the present financial ability to secure competent legal representation
and to provide all other necessary expenses of representation.
(2)
The Municipal Court Judge shall assess an application
fee of not more than $200 from each defendant who makes an application
for the services of the Public Defender. This fee shall be due regardless
of whether the applicant is found to require the services of the Public
Defender. However, the Municipal Court Judge may waive this fee, in
whole or in part, consistent with N.J.S.A. 28:24-17a, if the Judge
determines, in his/her discretion, upon a clear and convincing showing
by the applicant, that this application fee represents an unreasonable
burden on such defendant.
(3)
The defendant's inability to pay the application fee
shall in no way affect or reduce the rendering of service to him/her.
In the case of a defendant who is unable to or unwilling to pay the
application fee and for whom the fee was not waived, such fee shall
become a lien and the City may collect the fee consistent with N.J.S.A.
2B:24-16 or in any other manner as permitted by law.[2]
[2]
Editor's Note: Former Subsection H, Part-time judge, added
7-17-2007 by Ord. No. 1728-07 and which immediately followed this
subsection, was repealed 3-4-2014 by Ord. No. 1973-14.
[Amended 2-6-1986 by Ord. No. 908-86]
A.
The Housing Authority, as heretofore constituted and
empowered pursuant to law, is continued.
B.
Every member of the Housing Authority shall reside
within the City of Passaic at the time of his/her appointment and
shall continue to reside within the City of Passaic during his/ her
tenure as a member of the Housing Authority.
A.
As required by statute, there shall be a Local Defense
Council consisting of not more than 15 members, to be appointed by
the Mayor to serve at his pleasure. The Council shall have the functions,
powers and duties prescribed by general law, executive order, ordinance
or resolution, pursuant to N.J.S.A. App. A:9-41. The Chairman of the
Council shall be the Municipal Disaster Control Director.
B.
A Municipal Disaster Control Director shall be appointed
by the Mayor and shall serve as Chairman of the Local Defense Council,
pursuant to the Charter and state laws and regulations, N.J.S.A. App.
A:9-40.1.
C.
The Local Defense Council and the Municipal Disaster
Control Director shall have such official tenure and such functions,
powers and duties as are provided by state statute and executive orders,
rules and regulations thereunder, pursuant to N.J.S.A. App. A:9-33
et seq.
[1]
Editor's Note: Former § 5-33, Redevelopment
Agency, was repealed 8-23-1990 by Ord. No. 1104-90. Additionally,
Ord. No. 1116-90, adopted 11-29-1990, terminated the restrictions
of record which existed for the benefit of the Redevelopment Agency.
