[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown
8-9-2000 by Ord. No. 2000-08. Amendments noted where applicable.]
The title of this chapter shall be known and referred to as the "Administrative
Code of the Borough of Wrightstown."
If any section or part of this Code shall be declared to be unconstitutional,
invalid or inoperative, in whole or in part, by a court of competent jurisdiction,
such section or part thereof shall to the extent that it is not unconstitutional,
invalid or inoperative remain in full force and effect and no such determination
shall be deemed to invalidate the remaining section or parts of this Code.
All ordinances or resolutions or parts of ordinances or resolutions
heretofore enacted which are inconsistent with any provision of this Code
are to the extent of such inconsistency, hereby repealed. The repeal of any
ordinance or resolution or part thereof by this Code or by any other ordinance
shall not survive any former ordinance, resolution or part thereof which may
have been upheld by such repealed ordinance, resolution or part thereof.
A.
The deliberations of the Council shall be governed by
the Roberts Rules of Order, except when the same are in conflict with the
laws of the State of New Jersey or this Code, in which event said Roberts
Rules of Order shall be inapplicable.
B.
All notice requirements pertaining to Council meetings
will be as set forth in the Open Public Meeting Act, Chapter 231, P.L. 1975.
A.
The Mayor shall preside over the deliberations of the
Council and shall conduct the meeting thereof. He/she shall also participate
in the determination of borough affairs to the extent permitted by statute.
B.
The Mayor shall, on all occasions, preserve order and
decorum, and shall cause the removal of all persons of the public sector who
interrupt the orderly proceedings of the Council. Should a borough official
or employee interrupt the orderly proceedings of Council, those Council members
not subject to removal shall vote on the removal of said official or employee
and the Mayor shall enforce Council's decision. The Mayor shall not have a
vote on such removal unless required to so in the case of a tie.
C.
When two or more Council members shall request recognition
at the same time, the Mayor shall name the one entitled to the floor.
D.
The Mayor shall decide all questions of order without
debate, subject to an appeal to the Council, and may ask the advice of Council
upon any question of order.
E.
The Mayor shall be an ex-officio member of all committees,
both standing and special, and shall be informed in advance of all meetings
of such committees.
F.
In addition to the above, the Mayor shall have all those
powers and duties set forth in N.J.S.A. 40A:60-5:
(1)
The Mayor shall be the head of the municipal government.
(2)
The Mayor shall have all those powers designated by general
law.
(3)
The Mayor shall preside at meetings of Council and may
vote to break a tie.
(4)
Every ordinance adopted by the Council shall, within
five days after its passage, Sundays excepted, be presented to the Mayor by
the Borough Clerk. The Mayor shall, within 10 days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing his/her signature
thereto or return it to Council by delivering it to the Clerk together with
a statement setting forth his/her objections thereto or any item or part thereof.
No ordinance or any item or part thereof shall take effect without the Mayor's
approval, unless the Mayor fails to return the ordinance to the Council, as
prescribed above, or unless the Council, upon consideration of the ordinance
following its return, shall, by a vote of two-thirds of all the members of
Council, resolve to override the veto.
(5)
No ordinance shall be passed, or appointment of any subordinate
officer of the borough be confirmed, except by a vote of a majority of members
of the Council present at the meeting, provided that at least three affirmative
votes shall be required for such purpose, the Mayor voting only in the case
of a tie.
(6)
If any ordinance contains more than one distinct section,
clause or item, the Mayor may approve one or more thereof and veto the rest.
(7)
The Mayor shall nominate and, with the advice and consent
of Council, appoint all subordinate officers of the borough, unless the specific
terms of the general law clearly require a different appointment procedure.
He/she shall make his/her nomination to any such office within 30 days of
that office becoming vacant.
(8)
The Mayor shall see to it that all laws of the state
and the ordinances of the borough are faithfully executed. He/she shall recommend
to the Council such measures as he/she may deem necessary or expedient for
the welfare of the borough. He/she shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in the borough.
A.
The Council shall be the legislative body of the municipality.
B.
The Council may, subject to general law and the provisions
of this act:
(1)
Pass, adopt, amend and repeal any ordinance or, where
permitted, any resolution for any purpose required for the government of the
municipality or for the accomplishment of any public purpose for which the
municipality is authorized to act under general law.
(2)
Control and regulate the finances of the municipality
and raise money by borrowing and taxation.
(3)
Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the Council. Other than the Borough Attorney, Engineer, and the Building Inspector, these officers shall be residents of the borough and shall serve at the pleasure of Council, except the Clerk, who also shall be exempt from the borough residency requirement, the Tax Collector and the Tax Assessor who shall serve for the terms as provided in Chapter 9 of Title 40A of the New Jersey Statutes. The Council may exempt from the residency requirements but only pursuant to the adoption of an ordinance to that effect.
(4)
Investigate any activity of the municipality.
(5)
Remove any officer of the municipality, other than those
officers excepted by law, for cause.
(6)
Override a veto of the Mayor by a two-thirds majority
of all of the members of the Council.
C.
The Council shall have all the executive responsibilities
of the municipality not placed, by general law or this act, in the office
of the Mayor.
D.
The Council, whenever it fails to confirm the nomination
of the Mayor of any official to a subordinate office of the borough within
30 days of being presented such nomination, shall make the appointment to
that office, provided that at least three affirmative votes shall be required
for such purpose, the Mayor to have no vote thereon except in the case of
a tie.
E.
The Council may, at its annual meeting, establish for
its members such committees of the Council as will assist it for the ensuing
year.
A.
Election of Council President. At the Annual Reorganization
Meeting, the Council will elect one of its members as Council President to
serve for one year and until the next Annual Reorganization Meeting. If the
Council shall fail to elect one of its members as Council President at the
Annual Reorganization Meeting, then the Mayor shall appoint one Council member
to act as Council President of the ensuing year.
B.
The Council President shall serve as the liaison between
the Council and all boards, committees, agencies or organizations, except
as herein assigned to a specific council committee for liaison purposes.
C.
In the absence of the Mayor, or if he is unable to perform
his duties, the Council President shall act as Mayor until the Mayor's return.
If the Council President is unable to perform the duties of the Acting Mayor,
then the member of Council with the longest term of service may act temporarily
for the President of Council.
D.
The Council President shall have the power to place items
on the agenda of any Council meeting.
A.
Term. The Borough Clerk shall be appointed for a three-year
term.
B.
Duties. The Clerk shall perform the duties set forth
in this Code, as well as those set forth under N.J.S.A. 40A:9-133 et seq.
The Clerk shall:
(1)
Act as secretary of the borough and custodian of the
municipal Seal and all of the minutes, books, deeds, bonds, contracts and
archival records of the borough. The borough may, however, provide by ordinance
that any other specific officer shall have custody of any specific other class
of record.
(2)
Act as Secretary of the Borough, prepare meeting agendas
at the discretion of the borough, be present at all meetings of the borough,
keep a journal of the proceedings of every meeting, retain the original of
all ordinances and resolutions and record the meetings of every meeting.
(3)
Serve as the chief administrative officer in all elections
held in the borough subject to the requirements of Title 19 of the Revised
Statutes.
(4)
Serve as chief registrar of the voters in the borough,
subject to the requirements of Title 19 of the Revised Statutes.
(5)
Serve as the administrative officer responsible for the
acceptance of applications for licenses and permits and the issuance of licenses
and permits, except where statute or borough ordinance has delegated that
responsibility to some other borough officer.
(6)
Serve as coordinator and records manager responsible
for implementing local archives and records retention programs as mandated
pursuant to Title 47 of the Revised Statutes.
(7)
Perform such other duties as are now or hereafter imposed
by statute, regulation or by borough ordinance or regulation.
(8)
The Borough Clerk will be responsible for complying with
the notice requirements of the Open Public Meeting Act, Chapter 231, P.L.
1975, for all borough meetings.
A.
Annual meeting. The Council shall hold an annual meeting
during the first seven days of January of any year, which meeting will be
held within the borough at such time and place as Council may direct. The
Mayor shall provide a list of all borough prospective appointees, including
committee appointments to Council no later than seven days prior to the annual
meeting.
B.
Regular meetings established. At the aforesaid meeting,
the Council shall fix the time and place for holding regular Council meetings
during the ensuing year, which time and place shall only be changed in accordance
with N.J.S.A. 10:4-18, and all such regularly scheduled meetings will be properly
advertised within seven days following the annual organization or reorganization
meeting of Council by:
(1)
Posting the notice upon the bulletin board maintained
in the Borough Hall designated for such notice.
(2)
Mailing notice to two newspapers, one of which shall
be the legal newspaper of the borough, and the other a newspaper of general
circulation in the borough calculated to give adequate notice thereof to borough
residents.
(3)
Mailing the notice to those persons who have properly
requested and paid the established fee for same.
C.
Workshop meetings established. In addition to the regular Council meetings of the Borough Council referred to in § Subsection B, the Council shall fix the time and place for holding workshop meetings during the ensuing year, notice requirements of which shall be the same as those set forth for regular Council meetings.
D.
Public participation at meetings. Public participation
at regular Council meetings or workshop meetings shall be as follows:
(1)
Regular Council meetings. The public will be given every
opportunity to participate in discussions with the Council and Mayor at the
close of the business portion of the meeting, at which time the meeting will
be open to the public.
(2)
Workshop meetings. The public will be permitted to attend
workshop meetings but will not be allowed to participate at said meetings,
except if the Council and Mayor consent to such participation.
E.
Special meetings. The Mayor shall, when necessary, call
a special meeting of the Council; in case of his neglect or refusal, any four
members of the Council shall call such a meeting at such time and place in
the borough as they may designate. In all cases of special meetings, reasonable
advance notice, considered to be of 48 hours, except in case of emergency,
shall be given in person to all members of the Council, or left at their place
of residence. As with all meetings of Council, the notice requirements of
the Open Public Meetings Act, Chapter 231, P.L. 1975, shall be complied with.
F.
Quorum; number needed. Three Council members and the
Mayor, and in the absence of the Mayor, four Council members, shall constitute
a quorum. A majority of the quorum shall be sufficient to act on all matters
before the Council, except as otherwise provided by statute.
G.
If no quorum be present at any meeting, those present
shall have the power and are hereby authorized to request the Mayor to set
a new meeting date.
H.
Order of business. The following order of business shall
be observed at all regular Council meetings:
(1)
Call to order.
(2)
Saluting of the flag.
(3)
Statement to be read by the Mayor as required by the
Open Public Meeting Act, Chapter 231, P.L. 1975. The notice requirements of
the Open Public Meetings Act, Chapter 231, P.L. 1975, have been satisfied
by the posting on the bulletin board at the Borough Hall of a Notice of Annual
Meetings; by mailing such notice to two newspapers serving the borough, one
of which is the legal newspaper; and by making such provisions for any interested
citizen to have a copy provided to them by the Clerk of the Borough upon request
and payment of the established fee or copy of the notice having been deposited
with the Borough Clerk.
(4)
Calling the roll.
(5)
Motion to approve the minutes of the previous meeting.
(6)
Ordinances on second reading, meeting opened to the public,
vote on ordinance on second reading.
(7)
Ordinances on first reading, by title only.
(8)
Resolutions.
(9)
Motions.
(10)
Payment of bills.
(11)
Reports.
(12)
Professional comments.
(13)
Mayor/Council comments.
(14)
Meeting opened to the public.
(15)
Meeting adjourned.
I.
Roll call vote. A roll call vote shall be taken, and
ayes and nays entered in the minutes of the meeting, on all ordinances, resolutions
and motions. A roll call vote shall be taken as determined needed by the Mayor,
Council or Borough Solicitor.
A.
Committee appointments. The Mayor shall nominate and,
with the advice and consent of Council, appoint all committee members. He/she
shall make his/her nomination to any such committee within 30 days of a vacancy
in such committee. Should Council fail to confirm the nomination by the Mayor
of any member to a committee within 30 days of being presented such nomination,
Council shall make such committee appointment, provided that at least three
affirmative votes shall be required for such purpose, the Mayor to have no
vote thereon except in the case of a tie.
B.
Standing Committees. Standing Committees of the Council shall be established at the Annual Reorganization Meeting, and appointments to such committees shall be made in the manner set forth in § 4-10A of this Administrative Code. The Standing Committees of the borough are as follows:
C.
Chair of the Standing Committees. Each Council Member
shall chair one of Standing Committees established herein. The Mayor shall
name some member thereof to chair such Committee.
D.
Purpose of Standing Committees. The Standing Committees
are appointed to expedite and facilitate the work of the Council, but only
within statutory limits as the entire Council is held responsible for any
or all of its acts performed within the scope of authority.
(1)
A Standing Committee shall:
(a)
Meet when requested by the Chairperson, or a majority
of the Committee, and shall participate actively in the Committee deliberations,
performance of duties and the formulation of its recommendations to Council.
(b)
Plan, study, direct, make commitments with budgetary
limitations, and carry on the routine activities for which it has primary
responsibility.
(c)
Perform such acts as may be assigned to it by the Council.
(d)
Report and make recommendations to the Council regarding
its responsibilities and activities.
(2)
Except as provided above, a Standing Committee shall
not:
E.
Special Committees. Special Committees may be appointed
by Mayor and Council during the course of the year for purposes other than
those included in the duties of the Standing Committees.
F.
Replacement of Committee Chairmen. In the case of death,
resignation, removal from office or incapacity to serve of any Committee Chairperson,
the Mayor shall name the successor Chairperson, subject to the concurrence
of the majority of the Council. The Mayor and Council may change existing
committee assignments and/or chairs when it is in the best interest of the
borough to do so.
G.
Chairperson's report of standing or special committee.
The Chairperson of each Standing or Special Committee shall be prepared to
report to the Mayor and Council at each regular meeting on principal activities
and achievements of his/her committee. The Chairperson shall also prepare
and submit, in writing, to the Mayor and Council at the first meeting in December
of each year an annual report of his/her committee's activities. Such annual
report shall be filed in the office of the Borough Clerk, and there be assembled
as a permanent annual document covering the activities of all standing committees.
A.
Public Buildings, Parks, Grounds and Roads (includes
streetlight and shade trees). The public building, grounds and roads committee
shall have primary responsibility for the following described activities and
matters:
(1)
The administration, practices, procedures and records
of the following:
(a)
Maintenance of all public buildings, parks, grounds and
roads.
[1]
Road construction, reconstruction, improvement, maintenance,
cleaning and street openings.
[2]
Construction and maintenance of sidewalks and curbs.
[3]
Maintenance of vehicles and other mechanical equipment
as assigned.
[4]
Stormwater collection and disposal.
[5]
Cutting of grass and weeds on roads or other municipal
property as assigned.
[6]
Garbage and solid waste collection.
[7]
Oversee borough maintenance department.
[8]
All parks, playgrounds and recreational equipment.
[9]
Park maintenance and improvements.
(b)
Street and other municipal lighting services.
(c)
The regulation, planting, care and control of shade and
ornamental trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the borough (except state highways, unless the State
Department of Transportation shall assent thereto, and except county highways,
parks and parkways, unless the Burlington County Shade Tree Commission shall
assent thereto) shall be exercised and be under the authority of the Committee
hereby created.
B.
Historical Committee. The Historical Committee shall
be primarily responsible for coordinating paperwork relating to the history
of the borough and maintaining such document in the Borough Clerk's office
in order to reflect and preserve the heritage of the borough.
C.
Public Safety Committee. The Public Safety Committee
shall have primary responsibility for the following described activities and
matters:
D.
Recreation and Celebration of Public Events. The Recreation
and Celebration of Public Events Committee shall have primary responsibility
of overseeing the practices, procedures and records of the following:
E.
Industrial and Economic Development Committee. The Committee
on Industrial and Economic Development shall have primary responsibility for
the following described matters:
(1)
The administration, practices, procedures and records
of all borough activities in the attempt to attract desirable small business
and industrial firms to locate within the borough.
(2)
Said Committee shall also serve as the liaison between
Council any chamber of commerce, downtown business associations and with any
other boards or organizations on small business and industrial matters.
F.
Human Resources Committee. The Human Resources Committee
shall oversee all matters of employee relations for the Borough of Wrightstown.
Said Committee is a fact finding and advisory group only. It shall deliver
all findings and recommendations to Mayor and Council at which time a decision
shall be prepared and said action, if any, will be directed to the Chairman
of Human Resources for disposition. The Human Resources Committee shall be
responsible for the following items:
(1)
Policies and procedure manual. Manual updates and control
shall be the responsibility of the Human Resources Committee.
(2)
Organizational Chart. An Organizational Chart shall be
created and maintained by the Human Resources Committee. Said Chart will include
a complete job description for each position, listing all requirements mandate
by statute and general law.
(3)
Employee relations.
(4)
Training. The Human Resources Committee shall ensure
that employees are provided with training to successfully perform required
job duties and to develop as employees.
(a)
New employees shall be formally oriented to the work
practices, employee benefits and hazard information regarding fire, safety
and security.
(b)
Employees will be accepted for positions or classifications
based on documented requirements.
(c)
Before functioning independently in new positions or
classifications, employees may be required to receive additional training.
These requirements, and their fulfillment, are to be well documented for each
position. Certification updates and job specific education shall be additional
requirements for the following positions:
(d)
When changes are made to the Policies and Procedure Manual,
affected employees will be trained in the revised work processes.
(e)
Where needed or where required by government regulation,
the borough shall periodically retrain employees in specific subjects.
A.
Submission of claims. All bills for services and requests,
proposed expenditures and requests to encumber funds shall be in writing,
fully itemized, sworn to as required by statute and presented to the Borough
Clerk on such forms as the borough shall provide for such purpose. No bills
or claims shall be approved by the Borough Council for final payment unless
the same shall have been received in the office of the Borough Clerk by the
first of the month.
B.
Certification by borough official; Council approval required.
(1)
All bills and claims must be supported by a signed certification
that the goods were received in good order, or that the services were satisfactorily
rendered, and that the same are in accordance with the agreed specifications
and price. Such certification shall be made by the responsible person accepting
the same on behalf of the borough, and who may be held accountable therefor.
Each such bill or claim shall then be carefully reviewed, checked and approved
for budget charge and classification by the CMFO/Treasurer.
(2)
All checked vouchers with supporting papers attached
shall then be presented to Council. Each such voucher shall be reviewed, and
if approved shall be referred back to the CMFO/Treasurer to be placed on the
Bill List for approval at a scheduled meeting.
C.
Procedure.
(1)
All vouchers for services rendered, proposed expenditures
and requests to encumber funds shall be presented to the Borough Clerk by
the CMFO/Treasurer for review by Council.
(2)
Vouchers shall be considered by the Council, which shall
approve the same, except that the Council may reject any claim presented to
it stating the reason for such rejection. Any rejected claim shall be referred
back to the Borough Clerk with such instructions as the Council may give at
the time of disapproval.
(3)
Authorization to draw the checks and pay the amounts
of the approved vouchers shall be by motion of the Council.
(4)
Vouchers to accompany checks. The corresponding vouchers
shall accompany all checks drawn for payment thereof when the checks are presented
by the CMFO/Treasurer to Borough Clerk for signature.
(5)
Filing of checks. All bills, vouchers and paid checks
shall be filed by month and year, secured and be made available for public
inspection whenever requested.
(6)
All bills and requests for payments shall be presented
to Council at the monthly workshop meeting. Bills to be added to the bills
list received after workshop meetings shall be submitted to Council in a separate
folder from the previously reviewed bills at the next regularly scheduled
Council meeting.
D.
Payroll. The CMFO/Treasurer shall keep a record of all
employee time cards and shall prepare the necessary payroll of all employees,
certifying that such services have been rendered and the amount specified
is in fact due and owing the employee.
A.
Police coverage for the Borough of Wrightstown shall
be provided by the New Jersey State Police, Fort Dix Barracks.
B.
Wrightstown Borough Court shall be located in the Township
of North Hanover Municipal Building per the Joint Services Agreement between
the Borough of Wrightstown and the Township of North Hanover incorporated
herein, and attached hereto as Exhibit "A."[1]
[1]
Editor's Note: Exhibit A is on file in the borough offices.
C.
Borough Seal. The seal of the borough shall be as hereinafter
impressed.
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The Borough seal shall be in the custody of the Borough Clerk and shall
be impressed on all appropriate documents or papers.
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D.
Borough Prosecutor.
(1)
Established. There is hereby created the office of Borough
Prosecutor.
(2)
Appointment. The Borough Prosecutor shall be an attorney-at-law
of the State of New Jersey in good standing and shall be appointed by the
Mayor with the approval of Council as other borough appointive officers are
appointed. He/she shall hold office for one year from January 1 and until
a successor has been appointed.
(3)
Duty of Prosecutor. It shall be the duty of the Borough
Prosecutor to attend each session of municipal court and prepare, process
and prosecute all complaints before the court in behalf of the borough.
(4)
Compensation. The Borough Prosecutor shall receive a
salary not to exceed the appropriate budgetary line item.
A.
Prologue.
(1)
Heretofore pursuant to the provisions of N.J.S.A. 40:87-15,
it was permitted that the Borough Attorney, Borough Engineer, Borough Building
Inspector and Borough Pound Keeper (where such office existed) might be nonresidents
of the municipality.
(2)
By the provisions of Subsection 3 of N.J.S.A. 40A:60-6
which replaced the repealed N.J.S.A. 40:87-15, municipal officers other than
the Borough Attorney, Engineer, Building Inspector, Clerk, Tax Collector and
Tax Assessor are required to be residents of the borough unless exempted by
Council pursuant to the adoption of a municipal ordinance to that effect.
(3)
The borough desires to exempt several of its officers
from the residency requirement under N.J.S.A. 40A:60-6(3).
B.
Exemptions enumerated. Pursuant to N.J.S.A. 40A:60-6(3),
the Borough Attorney, Borough Engineer, Borough Construction Official/Building
Inspector, Borough Animal Warden, Borough Assessor, Borough Clerk, Borough
Deputy Clerk, Borough Fire Inspector, Borough Tax Collector and CMFO/Treasurer
shall not be required to be residents of the borough.
Pursuant to the provisions of N.J.S.A. 40A:14-146.8 et seq., the Borough
Council, upon nomination by the Mayor, whenever they shall deem it necessary,
may appoint special policemen for terms not exceeding one year and revoke
such appointments for cause after adequate hearing unless the appointment
is for four months or less, in which event the appointment may be revoked
without cause or hearing. They shall not be members of the police force or
receive salary or other compensation from the borough. They shall have the
qualifications and be subject to all the provisions of N.J.S.A. 40A:14-146.8
et seq.
A.
Established. Pursuant to the provisions of N.J.S.A. 26:3-1
et seq., there is hereby established a Board of Health in the borough which
shall be known as the "Local Board of Health of the Borough of Wrightstown,"
which shall have the right to exercise all of the powers of a local board
of health under the laws of the State of New Jersey.
B.
Membership. The Board shall be composed of five members.
C.
Terms. Each member of the Board of Health shall serve
for a term of three years, dating from January 1 of the year of his/her appointment;
provided that of the first members so appointed the term of three members
shall expire on December 31 of the year of their appointments; the term of
two members shall expire on December 31 of the third year following the date
of their appointments. Appointments to fill the vacancy of any member shall
be for the unexpired term only.
A.
Creation of auxiliary. The Wrightstown Fire Company No.
1 may create and establish a junior firemen's auxiliary, pursuant to N.J.S.A.
40A: 14-95 et seq. and the provisions of this section.
B.
Eligibility for membership. Any individual between 14
to 18 years of age shall be eligible for membership in a junior firemen's
auxiliary. No individual shall become a member of a junior firemen's auxiliary
unless permission shall be obtained from such individual's parents or legal
guardian. Such permission shall be in writing and acknowledged and approved
by the Wrightstown Borough Fire Chief and forwarded to the Clerk of the Borough
to be acknowledged and approved in the manner required by law for deeds to
real estate to be recorded. A copy of the written permission shall also be
forwarded to the president of said volunteer fire company for filing purposes.
[Amended 9-10-2003 by Ord. No. 2003-8]
C.
Insurance coverage for junior members. Members of a junior
firemen's auxiliary shall be insured with the same degree of coverage and
in the same amounts provided volunteer firemen serving the borough.
D.
Rules and regulations. The Borough Council hereinafter
establishes the following rules and regulations designed to provide for the
training of the auxiliary for eventual membership in a volunteer fire company
and to govern the activities of the auxiliary:
(1)
No junior fireman shall be required to perform duties
which would expose the junior fireman to the same degree of hazard as a regular
member of a volunteer fire company.
(2)
No junior fireman shall be permitted to engage in fire-fighting
or be in the area of a hazardous condition involving the handling of dangerous
or poisonous acids or dyes or injurious quantities of toxic or noxious dust,
gases, vapors or fumes.
(3)
A junior fireman shall be on probation until the age
of 18 years and may be expelled from auxiliary for just cause.
(4)
A junior fireman shall comply with the constitution and
bylaws of the volunteer fire company with which his auxiliary shall be affiliated.
(5)
A junior fireman shall obey the commands of the Fire
Chief or any other officer of the Wrightstown Fire Company No. 1 in charge
of a drill or other department activity regardless of company affiliation.
(6)
Training shall include instruction concerning industrial
fire systems; breathing apparatus; municipal water systems, hydrants and alternate
water sources; care, testing and handling of fire hose; types and uses of
hand held fire extinguishers; procedures for handling alarms; radio procedures;
care, cleaning and basic maintenance of apparatus, preparation of knots for
hoisting equipment; safety measures for riding on apparatus; use of personal
safety equipment and hand tools; theory of pumps and hydraulic fire systems
and the use of ladders, including their care and testing. Actual use of the
equipment shall be encouraged whenever it shall be deemed advisable by the
volunteer fire company to whom the auxiliary is affiliated, provided that
a junior fireman shall not be exposed to any danger, adequate supervision
shall be provided and all possible safety precautions shall have been taken.
(7)
Junior firemen shall transfer to an adult class of membership
upon achieving the age of 18 years.
(8)
Subject to the approval of the Borough Council these
rules and regulations may be supplemented by each volunteer fire company.
A.
Establishment. The Borough Council hereby creates and
establishes a Section 504 Advisory Committee to be known as Municipal Facilities
for the Handicapped pursuant to the provisions of Section 504 of the Rehabilitation
Act of 1973. Said Committee shall be concerned with the accessibility of municipal
facilities for the handicapped and compliance with Section 504 regulations.
B.
Membership: appointment and terms.
(1)
The Section 504 Advisory Committee shall consist of five
members to be composed of the Mayor, the Construction Official and three citizens
and residents of the borough to be appointed by the Borough Council.
(2)
The three Committee members first appointed shall hold
office for terms as follows: One member for one year, and one member for two
years, and one member for three years, respectively, from the date in the
year in which the appointments are made until their successors are duly appointed
and have qualified. Thereafter all subsequent appointments shall be for a
term of three years and vacancies shall be filled for the unexpired term only
and in the same manner as the original appointment was made.
(3)
Committee members shall receive no compensation for their
services but may receive reimbursement for proper and authorized out-of-pocket
expenses in accordance with existing borough regulations.
C.
Duties. The Committee shall have the following duties:
(1)
Examine borough programs and services to determine compliance
with Section 504 regulations.
(2)
Evaluate policies and practices concerning employment
for qualified handicapped persons.
(3)
Examine borough facilities for accessibility for the
handicapped.
(4)
Determine structural alterations to be made to comply
with Section 504 regulations.
(5)
Devise a transition plan to bring all borough facilities
into full structural compliance by October 1, 1985.
(6)
Perform such other duties as may be assigned by the Borough
Council.
D.
Meetings. The Committee shall hold meetings as necessary
to accomplish the duties set forth herein.
E.
Organization. The Mayor shall be the Section 504 coordinator.
F.
Grievance procedure.
(1)
Definition. A grievance shall mean a complaint by a member
of the public that there has been to him/her a loss, injury or inconvenience
resulting from handicapped discrimination.
(2)
Rights of representation. Any person may be represented
at all stages of the grievance procedure by himself/herself or at his/her
option, by a representative of his/her own choosing.
(3)
Procedure.
(a)
(Level one) Any grievant who has a grievance shall first
present his/her grievance, in writing to the Section 504 coordinator. Said
grievance shall be granted or denied in writing by the coordinator within
10 days of receipt of the grievance.
(b)
(Level two) The grievant, no later than 10 days after
receipt of the decision of the coordinator may appeal the decision to the
Borough Council. The appeal to the Borough Council shall be made in writing
specifying:
(c)
The Borough Council or a committee thereof shall review
the grievance and shall, at the option of the Borough Council, or at the request
of the grievant, hold a hearing with the grievant, a decision shall be rendered
in writing within 30 calendar days of receipt of the appeal, or if a hearing
is held, within 20 calendar days of the date of the hearing. Said hearing
shall be held within 20 days after receipt of the appeal notice.
(d)
If the decision of the Borough Council does not resolve
the grievance to the satisfaction of the grievant, the grievant may further
appeal the matter to the director, office of the Secretary of the Treasury,
provided that such appeal is filed within 20 days of the date the grievant
receives notice of the decision of the Borough Council.
A.
Cooperative means of conducting community development
activities.
(1)
Certain federal funds are available to Burlington County
under Title 1 of the Housing and Community Development Act of 1987: Public
Law 93-383, as amended.
(2)
It is necessary to establish a legal basis for the county
and its people to benefit from this program.
(3)
An agreement has been proposed under which the Borough
of Wrightstown and the County of Burlington in cooperation with the other
municipalities will establish an Interlocal Services Program pursuant to N.J.S.A.
40:8A-2 et seq.
(4)
It is in the best interest of the Borough of Wrightstown
to enter into the agreement entitled "Agreement Between the County of Burlington
and Certain Municipalities Located Therein for the Establishment of a Cooperative
Means of Conducting Certain Community Development Activities," a copy of which
is on file at the Municipal Clerk's office.
(5)
The Borough of Wrightstown shall enter into the agreement
with the County of Burlington mentioned with all supplements and agreements
thereto. The Mayor and Clerk are hereby authorized and directed to execute
the agreement on behalf of the Borough of Wrightstown and affix thereunto
the Official Seal.
B.
Agreement with Burlington County relating to the receiving
and planting of trees. In accordance with N.J.S.A. 40:8A-1 et seq., the Mayor
and Clerk are hereby authorized to enter into an agreement with the Burlington
County Board of Chosen Freeholders whereby the county is to provide trees
for planting by the borough and the borough, in turn, shall be responsible
for the planting, maintenance and liability, if any, arising out of the planting
of said trees.
C.
Animal shelter services.
(1)
Purpose. This section is being enacted pursuant to the
Interlocal Services Act (N.J.S.A. 40:8A-1 et seq.) to authorize Burlington
County to construct, operate and/or maintain an animal shelter facility and
to allow the borough, among others, to be served by such facility, in the
performance of the borough's powers and duties under applicable New Jersey
Statute.
(2)
Authorization. The borough shall enter into an agreement
with Burlington County to construct, operate and/or maintain an animal shelter
facility and shall further serve the borough, among others, by such facility.
The Mayor and Clerk of the borough are hereby authorized and directed to execute
such agreement on behalf of the borough.
(3)
Effective date. This section shall be effective upon
final adoption and publication in manner prescribed by law.
A.
Authorization of indemnification. Pursuant to N.J.S.A.
59:10-4, the Borough of Wrightstown does hereby authorize indemnification
of any person new or in the future holding any office, position or employment,
elective or appointive, hereafter referred to as an "employee."
B.
Provision of defense for employees. The borough, upon
request, shall provide for the defense of any action, suit or proceeding,
commenced or threatened, whether civil, criminal, administrative or investigative,
including a cross action, counterclaim or cross complaint, against any employee
on account of any act or omission in the scope of his employment and shall
defray all costs of defending such action, including reasonable counsel fees
and expense, together with costs of appeal, if any, provided that the act
or the failure to act did not constitute actual fraud, actual malice, willful
misconduct or unintentional wrong.
C.
Provision of indemnification of employees. The borough
shall indemnify and save harmless each employee from financial loss resulting
from any action described above in this section, including claims, losses,
expenses, judgments, witness fees and any amount paid in settlement thereof
and actually and reasonably incurred in connection therewith, to the extent
permitted by law. Expenses thus incurred may be paid in advance of final disposition
of the action. Nothing herein shall authorize the borough to pay for damages
resulting from the commission of a crime. However, the borough is required
to indemnify and save harmless each employee from financial loss resulting
from any action described above, including punitive or exemplary damages.
D.
EMPLOYEE
(1)
(2)
(3)
Definitions. As used in this section, the following terms
shall have the meanings indicated:
:
Shall apply to all employees irrespective of the number of hours worked
per week and whether they are elected or appointed.
Shall include such person, whether or not such person holds a professional
license or certificate, being paid a fixed salary or hourly rate for the performance
of his/her duties, but shall not include any person furnishing professional
or extraordinary unspecifiable services under separate appointment, retainer,
agreement or contract.
Shall include persons formerly holding office or employment, provided
that the events giving rise to a cause of action or claim hereunder occur
after the effective date of this section.
E.
Employment of legal counsel and expert and technical
personnel. The borough may employ legal counsel and expert or technical personnel
to provide a defense, pursuant to this section, and may purchase appropriate
insurance as protection against any liability arising under this section.
F.
Conditions.
(1)
An employee shall not be entitled to indemnification
or the cost of defense under this section unless, within 10 days of the time
such an employee is served with any summons, order to show cause, complaint,
process, notice, demand or pleading, he delivers the same or a copy thereof
to the Borough Clerk to forthwith notify the Mayor and Borough Attorney thereof,
provided that such time period may be extended for cause by the affirmative
vote of a majority of the full membership of the Borough Council.
(2)
An employee requesting defense of any action or claiming
indemnification under this section shall cooperate fully and in good faith
with the borough and with any attorneys, adjuster, purpose, in the preparation
and presentation of a defense to such action or the settlement or other disposition
thereof. If the employee neglects, fails or refuses to cooperate as aforesaid,
the Borough Council, after a hearing on 10 days' written notice to the employee
and for cause, may declare all rights created under this section for the benefit
of such employee to be forfeited and terminated by the affirmative vote of
a majority of the full membership of the Borough Council.
A.
Position created. There is hereby created the position
of Chief Municipal Financial Officer (CMFO) for the Borough of Wrightstown.
B.
Appointment and term of office. The Chief Municipal Financial
Officer shall be appointed by the Mayor with the approval of Borough Council
of the Borough of Wrightstown. The Chief Municipal Financial Officer shall
serve a term of office of four years commencing on January 1 of the year of
appointment and ending on December 31 of the fourth year, or until a successor
shall be appointed and qualified.
C.
Qualifications. To be appointed to the position of CMFO
an individual must meet the qualifications established under N.J.S.A. 40A:9-140.1
et seq., as amended.
D.
Duties. The CMFO shall keep and maintain books and records
of all financial transactions of the municipality in accordance with the standards
and requirements of the State Division of Local Government Services. The CMFO
shall have custody of all public moneys of the municipality and shall make
monthly reports to the governing body of all receipts, expenditures, commitments
and unencumbered appropriation balances. The CMFO shall assist in the preparation
of the Annual Budget, and shall ensure that the Municipality complies with
all requirements of the division of Local Government Services concerning municipal
finances.
A.
Pursuant to the provisions of N.J.S.A. 40A:11-1 et seq.
the Mayor and the Clerk are hereby authorized to enter into a Cooperative
Pricing Agreement with the County of Burlington, hereinafter referred to as
the "Lead Agency," or any other contracting unit within the County of Burlington
for the purchase of work, materials and supplies.
B.
The Lead Agency entering into contracts on behalf of
the Borough of Wrightstown shall be responsible for complying with the provisions
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other
provisions of the Revised Statutes of the State of New Jersey.
