[1974 Code § 87A-1; Ord. No. 93-7]
Every person applying for the issuance or renewal of any license
or permit issued by, or requiring the approval of, the municipality
shall provide proof that there are no delinquent property taxes or
assessments due on the property wherein or upon which the business
or activity for which the license or permit is conducted.
[1974 Code § 87A-2; Ord. No. 93-7]
If the applicant is the owner of the property where the business
or activity for which the license or permit is sought or where the
business or activity is to be conducted, then the municipality or
the municipal officer or Township officer charged with issuing or
renewing the license or permit shall condition the issuance or renewal
of the license or permit upon the payment by the applicant of any
delinquent property taxes or assessments on the subject property.
[1974 Code § 87A-3; Ord. No. 93-7]
In the event that any permit holder or licensee, who is the
owner of the property upon which the licensed activity or business
is conducted, fails to pay property taxes on the property for at least
three consecutive quarters, a notice shall be sent by the Township
to the property owner advising that if the property taxes are not
brought current within 90 days, then any and all licenses or permits
issued by the municipality shall immediately be suspended. The suspension
shall become effective immediately and automatically upon failure
of the property owner to bring the property taxes current within 90
days from the issuance of the notice by the Township set forth herein.
[1974 Code § 87A-4; Ord. No. 93-7]
Upon payment by the licensee or permit holder of all delinquent
taxes or assessments on the property on which the licensed activity
or business is conducted, the license or permit shall automatically
be restored.
[1974 Code § 87A-5; Ord. No. 93-7]
The provisions of Subsection 2-70.3 shall only apply in the event that the licensee or permit holder is also the owner of the property upon which the licensed business or activity is conducted.
[1974 Code § 87A-6; Ord. No. 93-7]
The provisions of this section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the Alcoholic
Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[1974 Code § 81C-1; Ord. No. 11-79]
No insurance company authorized to issue fire insurance policies
in this State shall pay any claims in excess of $2,500 on any real
property located within the Township unless or until the insured person
submits an official statement and certification of search for municipal
liens, pursuant to N.J.S.A. 54:5-12, certifying that all taxes, assessments
or other municipal liens or charges levied and assessed and due and
payable against said property have been paid, or the municipality
submits a certified copy of a resolution providing that the delinquent
tax assessments or other municipal liens may be paid by installments,
pursuant to N.J.S.A. 54:5-9, or otherwise provided for under Chapter
184 of the Laws of 1978.
[1974 Code § 81C-2; Ord. No. 11-79]
No payment of any claim in excess of $2,500 for fire damage
on any real property located within the Township by an insurance company,
pursuant to any fire insurance policy issued or renewed after the
adoption of this section and filing of same with the State Commissioner
of Insurance, shall be made until such time as all taxes and all municipal
liens or charges due and payable appearing on the official certificate
of search shall be paid, either by the owner of such real property
or by the insurance company.
[1974 Code § 81C-3; Ord. No. 11-79]
The Township, pursuant to Chapter 184 of the Public Laws of
1978, may enter into an agreement with the owner of any fire-damaged
property to pay in full all delinquent taxes, assessments or other
municipal liens by installments, pursuant to N.J.S.A. 54:5-19, or
for the redemption of a tax sale lien, by installment payments, in
the event that the Township Council is satisfied that the claim for
fire damages is to be used to restore or improve the fire-damaged
property. In such an event, an insurance company receiving a certified
copy of a resolution of agreement from the Governing Body is authorized
to make full payment on the claim to the insured person.
[Ord. No. 01-7-OAB]
Residential homeowners in Berkeley Township shall be allowed
a maximum exemption of $15,000 in added assessments, in any one year,
for maintenance, replacement, or repairs of their homes that do not
increase the habitable square footage of the premises nor increase
the total square footage of the premises.
[Ord. No. 01-7-OAB]
This section shall be effective as of the first full year that
this section is adopted.[1]
[1]
Editor's Note: This section was adopted February 20, 2001
by Ordinance No. 01-7-OAB.
[Ord. No. 01-35-OAB]
Homeowners requiring repairs and maintenance to their homes
shall request and file an application with the Tax Assessor, who shall
present the request to the Governing Body for approval. The Township
Attorney is instructed to prepare and make available, proper applications
for the Tax Assessor's office.
[1974 Code § 2-108]
a.
All purchases of any work, supplies, materials, equipment or contractual
services for the municipality's accounts shall be made by the Division
of Central Services pursuant to a written requisition from the head
of the department whose appropriation will be charged. In the event
that the Business Administrator, who is the head of the Division of
Central Services, shall be unavailable for a period of 24 hours or
more, the Mayor may approve purchase orders. Attached to the purchase
order shall be a certification from the Treasurer or Chief Financial
Officer that a sufficient unencumbered balance of appropriation is
available to pay for the items provided for on the purchase order.
The Business Administrator, in his discretion, may establish a regulation
exempting certain purchases from this requirement due to the character
of the purchase or the amount of the purchase order.
b.
Each department shall follow such procedures and use such forms for
purchasing as the Administrator shall prescribe. On request of the
Administrator, each department head shall submit a complete statement
of the work and labor under contract and materials, supplies and equipment
which will be required by the department during the ensuing year,
half year or quarter year, as the Administrator may determine, according
to the best estimate of the department head. Such statement shall
be in such form and detail as the Administrator may require.
[1974 Code § 2-109]
Where required, specifications shall be the responsibility of
the department head requesting the purchase of any work, supplies,
materials, equipment, etc. All specifications shall be reviewed by
the Administrator as to their sufficiency and compliance with the
Local Public Contracts Law.[1] The Business Administrator shall also be responsible for
the drafting of general specifications and requirements which shall
be common to all solicitation for bids, and the same shall be attached
to the notice to bidders.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
[1974 Code § 2-110]
a.
The Administrator shall establish and approve uniform standards for
requisitions and purchases. The Division of Central Services shall
control the delivery of all supplies, materials, equipment and other
items of purchase and shall make or cause to be made proper tests,
checks and inspections thereof. The Division shall ascertain whether
the supplies, materials, equipment and other items purchased comply
with the specifications and shall cause necessary tests to be made
to determine whether the materials or supplies furnished are of the
quality and standard required. The Business Administrator shall further
cause an inventory list of all materials and equipment to be maintained
by the Township and shall require division heads and others having
control of materials and/or equipment to maintain such detailed inventory
list as the Administrator may deem advisable and to provide for their
periodic revision. Equipment shall be listed on the inventory list
with full particulars, such as the date of purchase, cost, serial
numbers and such other pertinent information as the Business Administrator
shall deem advisable.
b.
The Division of Central Services shall have the prerogative to delegate
to the department head ordering the supplies, materials, labor, etc.,
the responsibility of receiving same and certifying that the delivery
of the goods or services are in exact conformance with the order.
In that event, the Business Administrator shall designate in writing
that it is the department head's responsibility to provide the Business
Administrator with a certification of conformity with the order and
specifications. Should there be any doubt as to the quantity or quality,
the designated department head shall immediately notify the Administrator
for the appropriate action. If any supplies, materials or equipment
are rejected, the designated department head shall immediately notify
the Business Administrator.
c.
No voucher for contractual items, except for professional services,
shall be paid by the Treasurer until such time as the Treasurer has
received a certification from the Business Administrator or his designated
department head that the items submitted for payment on voucher form
have been supplied to the Township in accordance with the provisions
of this section.
[1974 Code § 2-111; Ord. No. 88-37]
For purchases not requiring public bidding, the Administrator
shall use his discretion as to the need for formal or informal bidding
or the solicitations of quotations as provided for under N.J.S.A.
40A:11-6.1. He shall otherwise comply with the requirements of this
provision of the Local Public Contracts Law and its amendments. The
Mayor shall sign the contracts as solicited by the Administrator in
accordance with this section.
[1974 Code § 2-111.1; Ord. No.
88-37; Ord. No. 05-17-OAB; Ord. No. 10-20-OAB; Ord. No. 2012-03-OAB; Ord.
No. 13-28-OAB § 1; Ord.
No. 13-31-OAB § 3]
All purchases shall conform to the provisions of the Local Public
Contracts Law and any regulation issued thereunder. All purchase contracts
of $36,000 or more shall conform to the requirements of public bidding
in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and
related Procurement Laws, P.L. #1999, c.440.
In those circumstances pursuant to N.J.S.A. 40A:11-4 exceeding
$36,000, which requires public bidding only the Township Council shall
award such a contract. Sealed bids shall be received by the Business
Administrator or Qualified Purchasing Agent, which shall be opened
by the Administrator or Purchasing Agent at the Town Hall at a time
to be determined by the Administrator or Purchasing Agent.
[1974 Code § 2-112; Ord. No. 88-37]
When it is determined by the Municipal Administrator that economies
can be accomplished, the Municipal Administrator is hereby authorized
to participate and obtain through cooperative purchasing agreements
with the State of New Jersey and shall participate in joint or cooperative
purchasing plans with other units of government when the same are
in the best interests of the Township.
[1974 Code § 2-113; Ord. No. 88-37]
Any purchase, contract or agreement may be made or negotiated
by the Township without public advertising or bids and bidding therefor,
notwithstanding that the cost of the contract price will exceed such
amount as permitted under N.J.S.A. 40A:11-6, when an emergency affecting
the public health, safety or welfare requires an immediate delivery
of the articles or performance of a service, provided that the awarding
or making of such purchases, contracts or agreements that do not exceed
appropriations are made in the following manner:
a.
A written requisition for the performance of such work or labor or
the furnishing of materials, supplies or services shall be filed with
the Administrator, describing the nature of the emergency, the time
of its occurrence and the need for invoking this section, certified
by the officer or department director in charge of the department
wherein the emergency occurs. If the Administrator is satisfied that
the emergency exists, he is hereby authorized to award a contract
for such work or labor, materials, supplies or services.
b.
Upon the furnishing of such work or labor, materials, supplies or
services in accordance with the terms of such contract or agreement,
the contractor furnishing such work or labor, materials, supplies
or services shall be entitled to be paid therefor, and the Township
shall be obligated for said payment. The Township Council shall take
such action as shall be required to provide for payment of the contract
price.
[1974 Code § 2-114; Ord. No. 88-37]
a.
The Municipal Administrator or, in his absence, a designated department
head shall have the power to purchase or contract for the purchase
of all supplies, materials, equipment, various types of work and contractual
services needed by a municipal department, as provided for aforesaid.
b.
Except as provided for herein, it shall be unlawful for any officer
or employee to order or purchase any supplies or make any contract
except through the Municipal Administrator or his designee. Any contracts
or purchases made contrary to the established procedure shall not
be approved, and the municipality will not be bound thereby.
c.
It shall be the duty of the Municipal Administrator to:
1.
Act to procure the highest quality in supplies and contractual services
at the least cost to the community.
2.
Establish and enforce the rules and regulations setting forth the
procedures and forms to be used in the purchase of all supplies and
contractual services for any municipal agency.
3.
Maintain a vendors' catalog file according to materials, containing
descriptions of vendors' commodities.
4.
Discourage collusive bidding in an endeavor to obtain as full and
open competition as possible in all purchases.
5.
Procure all allowable exemptions, discounts and price reductions.
6.
With the cooperation and assistance of the using agencies, supervise
the preparation of standardized specifications for supplies, materials
and services to be purchased or placed under contractual agreement.
7.
Sell or otherwise dispose of all obsolete or unusable personal property
of the municipality in accordance with the laws of the State of New
Jersey.
[1974 Code § 2-114.1; Ord. No.
88-37]
Any purchase order or contract in which any municipal officer
or an employee is financially interested, directly or indirectly,
shall be void. The Municipal Administrator and every officer and employee
of the Township and its agencies are expressly prohibited from soliciting
or accepting, directly or indirectly, from any person, company, firm
or corporation to which any purchase order or contract is or may be
awarded any rebate, gift or money or anything of value whatsoever,
except where given for the use and benefit of the Township.
[1974 Code § 2-115; Ord. No. 88-37; Ord. No. 09-31-OAB]
Vouchers and claims against the Township shall be presented,
approved or disapproved and paid in accordance with the procedures
established by this section, which shall be read in pari materia with
other sections of this Code.
a.
Presentation. Any person claiming any payment from the Township shall
first present to the department head a detailed voucher on Township
forms of items or demands, with the certifications of the party claiming
payment that it is correct in all particulars and that the articles
have been furnished or services rendered as stated therein; that no
bonus has been given or received by any person or persons within the
knowledge of such person in connection with said claim; that the amount
therein stated is justly due and owing; and the amount charged is
a reasonable one. Any and all invoices for professional services shall
be submitted to the Township Administrator prior to submission to
the Township Treasurer.
b.
Review by Approval Officer. Upon receipt of such voucher, the same
shall be reviewed by the Township Treasurer, who shall be deemed as
the "certifying and approval officer" for the purposes of this section
and within the meaning of N.J.S.A. 40A:5-17. The Treasurer shall,
as certifying and approval officer, determine that:
1.
The department head submitting the voucher has certified, in writing,
that the goods have been received by or services rendered to the Township
in accordance with the statements set forth on said voucher in accordance
with N.J.S.A. 40A:5-16b, the Local Fiscal Affairs Law.
2.
There exists a proper and sufficient appropriation for the payments
claimed on such voucher.
3.
There is authority for the payments, evidenced by the signature of
the department head, in respect to the goods or services ordered and
the incurring of the expense thereof.
c.
Bill List. The Treasurer shall make available at each executive caucus,
for the perusal and approval by the Council, a bill list of each claim
presented to the Treasurer for payment and certified by him or her.
Upon request, the Treasurer shall submit to the Financial Committee
of the Council, along with such bill list, any voucher for review.
Vouchers shall be submitted in those circumstances where a publicly
bid contract is involved.
d.
No bill or claim for payment pursuant to public contracts bid and
awarded by the Township Council shall be approved until the Chairman
or Vice Chairman of the Financial Committee shall have approved of
the same. Disapproval shall be communicated immediately to the Administrator
and Treasurer and all the Council members, giving the identity of
the claim, bill or voucher involved and setting forth the reasons
for denial. The Treasurer, upon receipt of said notice, will void
any checks presented or prepared in connection with the denied bill
and/or voucher and will not pay the claim, bill or voucher until the
Council has authorized the same. The decision of the Financial Committee
may be overruled by the affirmative vote of a majority of the Council
at a regular meeting.
e.
All bills approved in accordance with the prior subsections shall
be paid by the Treasurer with a check signed by three of the following
five individuals: the Mayor, the Business Administrator, the Treasurer,
the Municipal Clerk and the Deputy Clerk.
[1974 Code § 70-1; Ord. No. 558]
Disbursements in payment of bills and demands shall be made
by the Treasurer upon his preaudit and approval by the Township Council,
except that payments from the payroll account shall be made pursuant
to the current Salary Ordinance of the Township. Each disbursement
shall be in the form of a check payable to the order of the person
entitled to receive it and shall specify the purpose for which it
is drawn and the account or appropriation to which it is chargeable.
Each check shall bear the signatures of the Mayor, Clerk and Treasurer.
[1974 Code § 70-2; Ord. No. 558]
a.
Any person claiming payment from the Township other than on the payroll
account shall present a voucher on a form prescribed to the Township
Clerk, by the Township, duly certified as supported by a certification
and declaration of the claimant. In the case of reimbursement for
actual and necessary traveling expenses, itemized claims supported
by receipts, where available, shall be presented in order to obtain
reimbursement for expenses incurred by local officials where authorized
to travel by the Township.
b.
Claims shall then be presented to the appropriate department head
responsible for the placing of the order, who shall approve them if
he is satisfied that the claims are proper. After such approval is
given, the department head shall file the claims with the Township
Clerk, who shall then present them to such members of the Township
Council as the Township Council designates by resolution at the annual
organization meeting.
c.
The Township Clerk shall see that on every claim appears the signature
of the officer or employee who has been duly designated by the Township
to certify that the materials have been received by or the services
rendered to the Township.
d.
Claims shall be reviewed by such members of the Township Council
as the Township Council designates by resolution at the annual organization
meeting. If it appears to such members of the Township Council that
any claim requires further study or investigation, such members may
withhold action on the claim for a reasonable period of time pending
such further study or investigation. The designated members shall
approve or disapprove each claim and submit it to the Township Council.
e.
A list of all claims presented for approval of the Township Council
shall be prepared for each regular meeting.
f.
Claims shall be considered by the Township Council, which shall approve
them, except that the Township Council may reject any claim presented
to it, stating the reason for such rejection. Any disapproved claim
shall be referred back to the Clerk with such instructions as the
Township Council may give at the time of the disapproval.
[1974 Code § 10-1; Ord. No. 25-82]
It shall be the intent and purpose of this chapter that any
person employed by the Township or any person acting in his or her
appointed capacity on any board shall be entitled to legal representation
in any proceeding whereby any official act of such employee or appointed
official or representative has resulted in the institution of any
litigation, including actions for punitive damages.
[1974 Code § 10-2; Ord. No. 25-82]
As use in this chapter:
Shall mean any officer, employee or servant, whether or not
compensated or part-time, who is authorized to perform any act or
service; provided, however, that the term does not include an independent
contractor.
Shall mean any employee or former employee of the Township.
[1974 Code § 10-3; Ord. No. 25-82]
The Township shall provide for the defense of any action brought
against a public employee on account of any act or omission in the
scope of his or her employment, and this obligation shall extend to
any cross-action, counterclaim or cross-complaint against such employee.
[1974 Code § 10-4; Ord. No. 25-82]
The provisions of the foregoing section shall not be applicable
when the Township Council determines that:
a.
The act or omission was not within the scope of employment;
b.
The act or failure to act was because of actual fraud, willful misconduct
or actual malice;
c.
The defense of the action or proceeding would create a conflict of
interest between the Township and the public employee;
d.
The defense of the action or proceeding is provided for by an insurance
policy or policies, whether obtained by the Township or by any other
person;
e.
The public employee failed to deliver to the Township Clerk, within
10 calendar days after the time he or she is served with any summons,
complaint, process, notice, demand or pleading, the original or a
copy of same;
f.
The public employee has failed to cooperate fully with the defense
of the action; or
g.
The action has been brought by the municipality itself against the
public employee or officer.
[1974 Code § 10-5; Ord. No. 96-36]
Whenever the Township provides any defense required under this
chapter, the Township, through counsel, at its own discretion, may
assume exclusive control over the representation of the public employee,
and such employee shall fully cooperate with the defense. This shall
also apply in the circumstances where punitive damages are sought
from the public employee for a willful, malicious or intentional act.
In such circumstances, where the Township has determined that the
defense of the action or proceeding would create a conflict of interest
between the Township and the public employee, the public employee
shall be free to hire any licensed practitioner of the State of New
Jersey to represent him or her, provided that the individual and his
attorney agree to the following:
a.
To submit a letter, in writing, to the Governing Body of the Township
indicating his or her representation;
b.
To charge no more than the rate per hour established for the Township
Attorney;
c.
Not to exceed the sum of $2,500 as a total fee without the written
authorization by way of resolution from the Governing Body of the
Township;
d.
To provide an itemized bill at the conclusion of representation to
the Township of Berkeley; or
e.
No legal fee will be paid by the municipality in the event any judgment
is returned against the individual from whom punitive damages are
being sought for any such willful, malicious or intentional act.
[1974 Code § 10-6; Ord. No. 96-36]
In the event that judgment is returned against any individual
from whom punitive damages are sought for willful, malicious or intentional
acts, it will be the sole responsibility of that public employee to
pay for legal fees, the judgment and any and all other costs.
[1974 Code § 10-7; Ord. No. 96-36 § 3]
The Township shall not defer the cost of defending any criminal
action against any public employee except as may be required by State
Statute or by specific action of the Township Council. In those circumstances,
the responsibility for defraying the cost of defending such employee
shall be applicable only when such criminal proceedings shall have
been dismissed or result in a final disposition in favor of the employee.
However, should the Mayor and Council determine that there is good
cause to dismiss the employee arising out of the incident or related
incidents of the criminal prosecution, the Township will not reimburse
the employee or official for legal defense and cost of defending the
suit, even though the criminal proceedings against the employee may
be dismissed or the employee found not guilty.
[1974 Code § 10-8; Ord. No. 96-36 § 4]
The Township Council may, in its discretion, agree by resolution
to indemnify the employee for any judgments or settlements where the
public employee is a defendant in any act or legal proceeding arising
out of or incidental to the performance of his or her duties, with
the exception of the situations where the municipality has brought
the action against the public employee or where the public employee
has been specifically found by the triers of fact in a civil or criminal
proceeding to have acted with fraud or malice, intentionally or willfully.
[1974 Code § 2-23]
a.
Scope of Section. Unless a New Jersey Statute or a provision of this
Code provides otherwise, this section shall govern proceedings in
all cases where the Township or any of its officers, agents or employees
are required to give any person an opportunity to be heard, either
on appeal or before taking action.
b.
Hearing Authority Designated. For the purpose of this section, "hearing
authority" shall mean the officer or body authorized to conduct a
hearing.
c.
Notice of Hearing; Subpoena Power. In all cases where a hearing is
mandatory, notice shall be given which shall conform to the following
requirements:
1.
Contents. The notice shall be in writing and shall specify the grounds
on which the proposed action is based and the time and place of the
hearing, which hearing shall be within a reasonable time after the
service of notice.
2.
Service. Notice may be served either personally upon the person or
by mailing a copy to him by certified mail at his last known address.
Service on a tenant or occupant may be made in the foregoing manner
or by leaving a copy of the notice at the premises with any occupant
of suitable age and discretion.
3.
Subpoena power. The hearing authority shall have the power to subpoena
witnesses and documentary evidence with regard to all hearings involving
charges made against a member or officer of the Police Department
pursuant to N.J.S.A. 40A:14-148. The hearing authority in all other
hearings shall have the same power under N.J.S.A. 2A:67A-1.
d.
Notice of Hearings on Appeals. In all cases where a person is appealing
from the action or decision of an officer, agent or employee of the
Township, as well as in all cases where a hearing is required to be
held only upon the request of the person affected, notice of the appeal
or request for a hearing shall be given in writing to the hearing
authority personally or by mail within 10 days after the person affected
is notified of the action or decision of the Township or its officer,
agent or employee. The hearing authority shall fix a time and place
for a hearing, which shall be within a reasonable time after the notice
of appeal or request for hearing is filed, and written notice of the
time and place fixed for the hearing shall be given to the person
affected.
e.
Hearing Procedure.
1.
At the hearing any person in interest shall have the right to be
represented by an attorney, to testify himself or to present witnesses
in support of his position, to cross-examine opposing witnesses and,
at his own expense, to have a stenographic record made of the proceedings.
This subsection shall not be construed to prevent the hearing authority
from imposing reasonable limitations upon the number of witnesses
who may testify or the length of time allowed for the examination
or cross-examination of any witness or making any other reasonable
rule or regulation designed to ensure that hearings are conducted
in a fair, orderly and expeditious manner.
2.
All decisions shall be rendered in writing and shall be signed by
the officer or Chairman of the body authorized to conduct the hearing.
In the event that the Council is the body conducting the hearing,
a decision shall be rendered within 15 days of the conclusion of the
hearing and approved at a public meeting. In the event that an official
of the Township conducts a hearing, the official shall render a written
decision within 10 days of the conclusion of the hearing and delivered
to all parties.
[1974 Code § 2-34]
a.
It has been determined that it is a worthy and a desirable objective
for the Governing Body of the Township of Berkeley, to inspire and
retain the respect and confidence of the people of the community.
It is deemed essential that the Township's public officers and employees
avoid any conduct which is in violation of, or which gives the appearance
of being in violation of, their public trust. The protection of the
public interest and the proper administration of the government of
this Township require that all of its officers and employees be impartial,
independent and free from any conflicting interests that might tend
to influence their actions, decisions or judgments.
b.
It is at the same time recognized that citizens who serve in government
cannot and should not be expected to be without personal interest
in the decisions and policies of government and that such citizens
who are officials or employees have a right to private interests of
a personal, financial and economic nature. The standards of conduct
herein established should separate those conflicts of interest which
are unavoidable in our society from those conflicts of interest which
are substantial and material or which impair their impartial or independent
judgment or which bring the government into disrepute.
[1974 Code § 2-35]
No officer, appointee or employee of the Township or of any
agency created by the Governing Body thereof shall directly or indirectly
engage in any business transaction or professional activity or have
a direct or indirect personal, financial or other private interest
in any legislation or transaction which is in actual or potential
conflict with the proper discharge of his official duties.
[1974 Code § 2-36]
No officer, appointee or employee shall, directly or indirectly,
use or attempt to use his office, position or employment to secure
or obtain any unwarranted, preferential, favored, discriminatory or
unlawful rights, benefits, advantages or privileges for himself or
any others.
[1974 Code § 2-37]
No officer, appointee or employee of the Township shall represent
private interests before the Governing Body or any of its agencies
or before the courts of the Township.
[1974 Code § 2-38]
No member of the Governing Body or of any agency thereof shall
vote for the adoption or defeat of any legislation or for the payment
or nonpayment of any indebtedness owing or allegedly owing by this
Township in which he has a direct or indirect personal, pecuniary
or other private interest.
[1974 Code § 2-39]
No officer, appointee or employee shall recommend or lobby for
the adoption or defeat of any legislation, or for the institution
or defense of any legal or quasi-legal action whatever, in which he
has or may have a direct or indirect personal, pecuniary or other
private interest.
[1974 Code § 2-40]
Notwithstanding any other rule, regulation or requirement, no
officer, appointee or employee shall approve or disapprove or in any
way recommend the payment of any bill, voucher or indebtedness owed
or allegedly owed by the Township, in which he has a direct or indirect
personal, pecuniary or private interest.
[1974 Code § 2-41]
No officer, appointee or employee shall, directly or indirectly,
accept any gift, favor, reward, service, retainer, discount, compensation
or thing of value, or the promise thereof, that might reasonably tend
to influence him in the present or in the future discharge of his
official duties.
[1974 Code § 2-42]
No member of any board or body of the Township shall take any
direct part in any matter pending before such board or body or before
any officer, employee, appointee, board or body of the Township, except
that, where such officer or employee is directly interested in any
such pending matter and his participation is essential thereto, he
shall communicate his interest by declaring the nature of it to the
Governing Body and request permission for such participation.
[1974 Code § 2-43]
No officer, appointee or employee shall disclose information
acquired by him in the course of his official duties if disclosure
of such information were to further the personal interests of such
officer, employee or appointee or, in the alternative, the interest
of any political party, club or organization of any type.
[1974 Code § 2-44]
a.
The violation of any of the provisions of this section of the Administrative
Code shall be deemed sufficient reason for the suspension, demotion,
removal or dismissal of any officer, appointee or employee of the
Township of Berkeley, upon hearing to be held by the Mayor and Township
Council. The Mayor and Township Council reserves the right to refuse
to hold any hearing if the majority is of the opinion that the charges
filed are frivolous or unfounded or the results of personal animosity.
If charges are made against a member of the Township Council, the
remaining members of the Township Council and the Mayor shall hold
the hearings. If charges are made against the Mayor, the Council shall
hold the hearing. The President of the Council shall be the presiding
officer.
b.
Hearings held pursuant to this section shall afford the accused person
a full right to be heard, to be represented by counsel and to present
such witnesses as he or she may desire. All hearings shall be held
by the Mayor and Council sitting en banc, and the majority vote shall
be determinative of any issue before the body, the Mayor having an
equal vote in such proceedings.
[1974 Code § 2-45]
Any contract, agreement or transaction entered into in violation
of the terms of this section may, at the option of the Governing Body,
be declared a nullity and be void.
[1974 Code § 2-46]
The standard of conduct prescribed for the officers, appointees
and employees of the Township of Berkeley, together with the penalties
herein provided for the violation by the officers, appointees and
employees of the promulgated standard of conduct are in addition to
any standard of conduct or penalties for the violation thereof prescribed
for municipal officers, appointees and employees by the Civil Service
Act, the Statutes of New Jersey now existing or enacted after the
adoption of this section and any ordinance of Berkeley Township now
existing or enacted after the adoption of this section.
[Ord. No. 99-32-OAB Preamble]
N.J.S.A. 40A:14-156, 156.1, 156.2 and 156.3, authorizes municipalities
to enter into mutual aid and assistance agreements for police services
in cases of emergencies.
The County of Ocean consists of 33 municipalities, 32 of which
have municipal police or fire departments operating for or within
the Township of Barnegat, Borough of Barnegat Light, Borough of Bay
Head, Borough of Beach Haven, Borough of Beachwood, Township of Berkeley,
Township of Brick, Township of Dover, Borough of Harvey Cedars, Borough
of Island Heights, Township of Jackson, Township of Lacey, Borough
of Lakehurst, Township of Lakewood, Borough of Lavallette, Township
of Little Egg Harbor, Township of Long Beach, Township of Manchester,
Borough of Mantoloking, Borough of Ocean Gate, Township of Ocean,
Borough of Pine Beach, Township of Plumsted, Borough of Point Pleasant,
Borough of Pine Beach, Township of Plumsted, Borough of Point Pleasant,
Borough of Point Pleasant Beach, Borough of Seaside Heights, Borough
of Seaside Park, Borough of Shop Bottom, Borough of South Toms River,
Township of Stafford, Borough of Surf City, Borough of Tuckerton and
Township of Eagleswood, which regularly interact and provide assistance
to each other in police related emergencies.
Each of the aforementioned municipalities in the County of Ocean
wish to formalize and refine existing practice by entering into Mutual
Aid Agreements.
[Ord. No. 99-32-OAB § 1]
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1 et seq.,
there are hereby established Mutual Aid Agreements among and between
this municipality and each of the aforementioned municipalities in
the County of Ocean, New Jersey, which shall become effective upon
the adoption by one or more of the aforementioned municipalities (hereinafter
referred to as "participating municipalities") of reciprocal ordinances
to provide mutual aid in police services in case of emergency. This
Agreement shall apply whenever this municipality may have an emergency
within its boundaries requiring additional police assistance to protect
life and property, and whenever any of the aforementioned municipalities
may experience a similar emergency.
[Ord. No. 99-32-OAB § 2]
For purposes of this section, the term "emergency" shall be
defined to include situations in which the number of available police
officers, in a participating municipality is insufficient to meet
the public need in a particular situation and situations where police
aid involving special expertise or training is required in order to
protect life and property or to assist in suppressing a riot or disorder.
No formal declaration of emergency is required to implement the provisions
of the Mutual Aid Agreement.
[Ord. No. 99-32-OAB § 3]
The Chief or acting head of the Police Department or Mayor,
or Chief Executive Officer of a participating municipality, is hereby
authorized to request assistance from the Chief or other head of the
Police Department of any other participating municipality to provide
aid in accordance with N.J.S.A. 40A:14.156 et seq.
[Ord. No. 99-32-OAB § 4]
A participating municipality shall provide police assistance
when a valid request in accordance with this Agreement to supply personnel
is made, to the extent possible without endangering persons or property
within the confines of the providing municipality.
[Ord. No. 99-32-OAB § 5]
The members of the providing municipality's Police Department
supplying aid shall have the same powers, authority, rights and immunities
as the members of the police force of the requesting municipality
when aid is being rendered therein. The members shall also have, while
so acting, such rights and immunities as they may otherwise enjoy
in the performance of their normal duties in the municipality rendering
such assistance.
[Ord. No. 99-32-OAB § 6]
These Mutual Aid Agreements established herein by and between
the aforementioned municipalities in the County of Ocean shall further
authorize mutual police aid and assistance under the County Critical
Incident Management Plan as established by the Ocean County Prosecutor,
as the Chief Law Enforcement Official in the County. The plan provides
for a response by specially trained regional Emergency Response/Special
Weapons and Tactics Team in the event of certain hostage, barricade,
sniper, high risk armed apprehensions, terrorist or similar situations
occurring within a municipality within the County of Ocean.
[Ord. No. 99-32-OAB § 7]
Members of the police force of the providing municipality suffering
injury, or their legal representatives, if death results while rendering
assistance in the requesting municipality, shall be entitled to all
such salary, pension rights, workmen's compensation or other benefits,
as they would have accrued if such injury or death had occurred in
the performance of duties in their own municipality, which such benefits
to be the responsibility of the providing municipality.
[Ord. No. 99-32-OAB § 8]
A municipality receiving police assistance hereunder pursuant
to the terms of the County Critical Incidental Management Plan shall
not be required to directly reimburse the regional team for services
so provided. The member municipalities shall however otherwise support
the function of the respective regional response teams by providing
the necessary manpower, equipment and supplies on an ongoing annual
basis pursuant to the terms of the County Critical Incident Management
Plan.
Where emergency police aid is otherwise provided under circumstances
outside of the County Critical Incident Management Plan, reimbursement
shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and
conditions for reimbursement specifically agreed to between specific
municipalities.
[Ord. No. 99-32-OAB § 9]
This section shall take effect upon final passage and publication
according to law. It shall become effective with respect to this municipality's
activities with another participating municipality, when such other
participating municipality has adopted an ordinance reciprocal to
this one, and such ordinance has become effective in that municipality.
[Ord. No. 00-38-OAB § 1]
An ordinance banning the use of government buildings and equipment
for political fundraising.
[Ord. No. 00-38-OAB § 2]
Whereas, our laws in New Jersey do not presently ban solicitation
or acceptance of political contributions by public office holders
and employees while in any room or building occupied in the discharge
of official duties;
Whereas, solicitation and acceptance of political contributions
in rooms and buildings occupied in the discharge of official municipal
business undermines the efficiency of government by taking officials
and employees away from the people's business, and leads to the appearance
of improper influence of political contributions on government functions;
Whereas, prohibiting the solicitation and acceptance of political
contributions in rooms and buildings occupied in the discharge of
official duties will address these harms and leave open ample alternative
venues for political fundraising;
Whereas, our laws in New Jersey do not presently recognize the
misuse of public property for political fundraising as a distinct
offense;
Therefore, it is accordingly found and determined that the municipality's
interests in an independent and efficient government workforce and
a government that is undermined by neither the fact nor appearance
of improper influence of political contributions on government decisions
require the prohibition of political fundraising in rooms or buildings
occupied in the discharge of official duties or through the use of
public property.
[Ord. No. 00-38-OAB § 3]
Shall mean (1) any individual seeking election to a public
office of the federal, state, county, or municipal government, or
school district or political party, and (2) any individual who shall
have been elected or failed of election to any such office.
Shall mean any person holding elective municipal office or
holding an appointed position in the municipal government, or in any
agency, commission, board, or office thereof, whether the position
is full time or part time, compensated or uncompensated; and any employee
of municipal government or of any municipal agency, commission, board,
or office thereof, whether the position is full time or part time.
Shall mean the government of the municipality, including
any officer, department, board, commission, or agency, thereof.
Shall mean any loans and transfers of money or other things
of value to any candidate, elected official, or representative of
any political organization, or other commitments or assumptions of
liability to make any such transfer. Political contributions shall
be deemed to have been made upon the date when such commitment is
made or liability assumed.
Shall mean any two or more persons acting jointly, or any
corporation, partnership or other incorporated or unincorporated association
which is organized to, or does, aid or promote the nomination, election
or defeat of any candidate or candidates for federal, state, county,
municipal or school board office or political party office. "Political
organization" includes, but is not limited to, organizations defined
in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates
committee," "continuing political committee," "political party committee,"
"candidate committee," or "legislative leadership committee."
Shall mean all personal property owned, leased, or controlled
by the municipal government, including but not limited to vehicles,
phones, fax machines, computers, stationery including municipal letterhead,
postage, and other office equipment.
Shall mean to ask for, by oral or written communication,
a contribution as that term is defined herein.
a.
Prohibition Against Soliciting or Accepting Political Contribution
in Rooms or Buildings Occupied in the Discharge of Public Duties.
No municipal official, employee or appointee may solicit, commit to
pay, or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while
in any room or building occupied in the discharge of official municipal
business. This section shall include solicitation or acceptance of
political contributions made over a private cell phone or by use of
a private computer, if the person soliciting or accepting the political
contribution, or using the cell phone or computer for purposes of
soliciting or accepting the political contribution, is in any room
or building occupied in the discharge of official municipal business.
b.
Prohibition Against Use of Public Property for Political Fundraising.
No municipal official, employee, or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any political
contribution for any candidate, elected official or political organization,
while utilizing public property.
c.
Exception. In the event public facilities are made available to any
group for nongovernmental use, as a meeting facility, this prohibition
shall not be deemed to prevent fundraising of any sort among members
of such groups during the time such groups have reserved exclusive
use of the meeting facility.
d.
Violation. Violation of any provision of this section shall be punished
by a period of community service not exceeding 90 days or imprisonment
in the county jail for a term not exceeding 90 days or a fine not
exceeding $1,000.
[Ord. No. 01-1-OAB, Preamble]
N.J.S.A. 40A:14-27 and 40A:14-156.1 authorize municipalities
to enter mutual aid and assistance agreements for various emergency
cases.
The County of Ocean consists of 33 municipalities, 32 of which
have municipal police, fire departments, or emergency management offices
operating for or within the Township of Barnegat, Borough of Barnegat
Light, Borough of Bay Head, Borough of Beach Haven, Borough of Beachwood,
Township of Berkeley, Township of Brick, Township of Dover, Borough
of Harvey Cedars, Borough of Island Heights, Township of Jackson,
Township of Lacey, Borough of Lakehurst, Township of Lakewood, Borough
of Lavallette, Township of Little Egg Harbor, Township of Long Beach,
Township of Manchester, Borough of Mantoloking, Township of Ocean
Gate, Township of Ocean, Borough of Pine Beach, Township of Plumsted,
Borough of Point Pleasant, Borough of Point Pleasant Beach, Borough
of Seaside Heights, Borough of Seaside Park, Borough of Ship Bottom,
Borough of South Toms River, Township of Stafford, Borough of Surf
City, Borough of Tuckerton, and Township of Eagleswood, which regularly
interact and provide various types of assistance to each other in
emergency matters.
The Township of Berkeley has the Berkeley Emergency Response
Team, one of only two hazardous material response teams within the
County of Ocean, and each of the aforementioned municipalities in
the County of Ocean wish to formalize and refine a practice of hazardous
material incident response by entering into a mutual aid (interlocal)
agreement.
[Ord. No. 01-1-OAB § 1]
Pursuant to N.J.S.A. 40A:14-27 and 40A:14-156.1 there are hereby
established Mutual Aid (interlocal) Agreements among and between the
Township of Berkeley (providing agency) and each aforementioned municipality
in the County of Ocean, State of New Jersey, which shall become effective
upon the adoption by one or more of the aforementioned municipalities
(hereinafter referred to as "participating municipality"). This Agreement
shall apply whenever a participating municipality may have an emergency
within its boundaries requiring additional assistance for protection
of life and property with regards to the release or potential release
of a hazardous material.
[Ord. No. 01-1-OAB § 2]
For purposes of this section, the term "emergency" shall be
defined to include, but not limited to, situations which a participating
municipality has insufficient resources to control the release or
potential release of a hazardous material. Where special expertise
or training is required in order to protect life or property, no formal
declaration of emergency is required to implement the provisions of
the Mutual Aid (interlocal) Agreement.
[Ord. No. 01-1-OAB § 3]
The Chief or acting head of any emergency service within the
participating municipality, including, but not limited to, the Police
Department, Fire Department, Office of Emergency Management, Mayor
or Chief Executive Officer is hereby authorized to request assistance.
[Ord. No. 01-1-OAB § 4]
A participating municipality shall provide qualified manpower
assistance in nonspecial expertise areas when a valid request in accordance
with this Agreement is made. It is understood the providing agency
will supply assistance to an extent that will not endanger persons
or property within the confines of their municipality. In the event
multiple requests for assistance, by multiple participating municipalities
arises, the providing agency will respond on a first call first response
basis.
[Ord. No. 01-1-OAB § 5]
The members of the providing agency supplying aid shall be the
same powers, authority, rights and immunities as the members of any
of the emergency services of the requesting municipality when aid
is being rendered therein. Said members shall also have, while so
acting, such rights and immunities as they may otherwise enjoy in
the performance of their normal duties in the municipality rendering
such assistance.
[Ord. No. 01-1-OAB § 6]
Members of the providing agency suffering injury, or their legal
representatives, if death results while rendering assistance in the
requesting municipality, shall be entitled to all such salary, pension
rights, workmen's compensation or other benefits, as they would have
accrued if such injury or death had occurred in the performance of
duties in their own municipality, with such benefits to be the responsibility
of the participating municipality.
[Ord. No. 01-1-OAB § 7]
A municipality receiving hazardous material emergency response
assistance hereunder pursuant to the agreement shall not be required
to directly reimburse the Berkeley Emergency Response Team. The member
municipalities shall, however, otherwise support the function of the
team by providing necessary equipment, supplies and reimbursement
of fuels consumed on an ongoing annual basis to the Township of Berkeley.
The terms and conditions for reimbursement shall be specifically agreed
to between the participating municipalities. The member municipality
shall provide reimbursement to Berkeley Township for salaries of all
participating Berkeley Emergency Response Team members employed by
the Township, Berkeley Township Municipal Utilities Authority or Berkeley
Township Sewerage Authority while responding to an emergency.
[Ord. No. 01-1-OAB § 8]
A municipality receiving hazardous material emergency response
assistance hereunder from the Berkeley Emergency Response Team agrees
to specifically indemnify and defend the Berkeley Emergency Response
Team, the Township of Berkeley and any agents, employees or members
of the Berkeley Emergency Response Team from any and all claims made
whatsoever. It is specifically understood that the Berkeley Emergency
Response Team cannot respond to a call to a participating municipality
that has not agreed to such indemnification. Whenever a member of
the Berkeley Emergency Response Team is a defendant in any action
or legal proceeding arising out of, or directly related to, the lawful
exercise of his or her duties in the furtherance of hazardous emergency
response assistance, the governing body of the requesting participating
municipality shall provide such member with the necessary means for
the defense of such action or proceeding as if such member were an
employee of the participating requesting municipality. Such municipalities
shall provide payment of any settlement or judgment entered into as
a result of such action filed against any member of the Berkeley Emergency
Response Team or the Berkeley Emergency Response Team itself.
[1]
Editor's Note: This section was approved by the voters of
Berkeley Township at the election of November 5, 2002.
[Ord. No. 02-34-OAB § 1]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the Bayville Fire Company, Manitou Park Fire Company, Pinewald
Fire Company, Bayville First Aid Squad, Holiday City First Aid Squad,
Holiday Heights First Aid Squad and Silver Ridge Park First Aid Squad
for their loyal, diligent, and devoted services to the residents of
the Township of Berkeley.
[Ord. No. 02-34-OAB § 2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below, that such contributions shall be made in accordance
with a plan that shall be established by the Township of Berkeley
pursuant to P.L. 1997, c. 388; and that such plan shall be administered
in accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code, and this section.
[Ord. No. 02-34-OAB § 3]
The LOSAP shall provide for annual contributions to each eligible
member as follows:
a.
New members will be eligible for LOSAP points starting the next calendar
year after completing his or her probationary period.
b.
Point Payment Schedule.
|
Points Required
|
Percent of Maximum
|
Amount of Award
|
|---|---|---|
|
30-50 points
|
25% of maximum
|
$287
|
|
51-60 points
|
50% of maximum
|
$575
|
|
61-75 points
|
75% of maximum
|
$862
|
|
75-100 points
|
100% of maximum
|
$1,150
|
c.
Bereavement Leave. In the event an active volunteer member miss any
activity listed on the LOSAP Point Schedule due to a death in the
immediate family, they shall notify the Chairman of Records. Credits
will be given for all missed activities.
d.
Emergency Service Injury. No active volunteer member will ever be
penalized for an injury while in the performance of his or her duties.
The active member will be given credit for all activities during the
absence.
e.
Military Leave. In the event an active member is called for active
duty, points will be awarded for all activities. The member must present
documents to the Chairman of Records identifying the active period.
No points will be earned during a member scheduled monthly or weekend
exercise.
f.
Leave of Absence. An active member will not earn any points during
the requested leave period. Percentages on response table will not
be prorated.
The estimated cost of the program has been calculated for regular
annual services at $200,000 per year.
[Ord. No. 02-34-OAB § 5]
Each active volunteer member shall be credited with points for
volunteer services provided to the Bayville Fire Company, Manitou
Park Fire Company, Pinewald Fire Company, Bayville First Aid Squad,
Holiday City First Aid Squad, Holiday Heights First Aid Squad and
Silver Ridge Park First Aid Squad in accordance with the following
schedule:
|
a.
|
EMERGENCY CALL RESPONSE
|
60 Point Maximum
|
|
30%-59%
|
25 Points
| |
|
60%-74%
|
35 Points
| |
|
75%-89%
|
45 Points
| |
|
90%-100%
|
60 Points
| |
|
b.
|
GENERAL BUSINESS MEETINGS
|
12 Point Maximum
|
|
1 Point per meeting
| ||
|
c.
|
TRAINING/DRILLS
|
25 Point Maximum
|
|
Company Drills
|
2 Points per required drill
| |
|
Fire Academy Courses
|
1 Point per Course Hour*
| |
|
State Course
|
1 Point per Course Hour*
| |
|
Federal Course
|
1 Point per Course Hour*
| |
|
*All Courses will require prior approval of chief officer to
earn points. 5 Point Maximum.
| ||
|
d.
|
COMPANY DETAILS
|
25 Point Maximum
|
|
Company Worknight
|
1 Point per scheduled night
| |
|
Special Detail
|
1 Point per scheduled detail**
| |
|
Stand-by
|
1 Point per event
| |
|
Memorial Service
|
1 Point per event
| |
|
**All details scheduled by the Fire Chief/EMS Captain
| ||
|
e.
|
DUTY CREW ASSIGNMENTS
|
70 Point Maximum
|
|
1 Point will be awarded for each scheduled duty crew period
completed.
| ||
|
f.
|
ELECTED OFFICERS
| |
|
Fire Chief
|
25 Points
| |
|
EMS Captain
|
25 Points
| |
|
Assistant Chief
|
20 Points
| |
|
Captains/EMS Lieutenants
|
15 Points
| |
|
Lieutenants/EMS Sergeants
|
15 Points
| |
|
Chief Engineer
|
10 Points
| |
|
Assistant Engineer
|
5 Points
| |
|
President
|
20 Points
| |
|
Vice President
|
10 Points
| |
|
Treasurer
|
15 Points
| |
|
Chairmen LOSAP
|
10 Points
| |
|
g.
|
YEARS OF SERVICE POINTS
| |
|
Life Member in good standing
|
1 Point for each year of service
| |
|
Regular Member in good standing
|
1 Point for each Active Service
|
[Ord. No. 03-16-OAB § 1]
a.
There is hereby established a reserve in the General Trust Fund which
shall be noted and designated as the "Open Space, Recreation, Farmland
and Historic Preservation Trust Fund." ("Trust Fund" hereinafter)
A separate bank account shall be established and maintained entitled
"Township of Berkeley Open Space Trust Account."
b.
As authorized by ordinance, funds from the Trust Fund may be utilized
to acquire all types of interests in real property, including, but
not by way of limitation, fee simple acquisitions, easements, development
rights, or any other lesser interest in real estate which will further
the goal of property acquisitions for passive recreation, active recreation,
water quality protection and historical preservation. The Township
shall have the option of funding property acquisitions with funds
solely from the Trust Fund or by apportioning the cost thereof by
charging the Trust Fund for a portion thereof. It is understood that
acquisitions may occur via gift, purchase or by eminent domain.
[Ord. No. 03-16-OAB § 2]
The purposes for which the Trust Fund may be used are:
a.
Acquisition of lands for conservation and recreation purposes;
b.
Acquisition of farmland for farmland preservation purposes;
c.
Development of lands acquired for conservation and recreation purposes;
d.
Maintenance of lands acquired for conservation and recreation purposes;
e.
Historic preservation of historic properties, structures, facilities,
sites, areas and the acquisition of such properties, structures, facilities,
sites and areas for historic preservation purposes;
f.
Payment of debt service on indebtedness issued or incurred for any
of the above purposes.
[Ord. No. 03-16-OAB § 3]
a.
Beginning in 2003, a special tax rate shall be added to the total
Township tax rate in the amount not to exceed $0.01 per $100 of the
annual assessment valuations and tax rate, the revenue from which
shall be deposited into the Trust Fund. The Township may, in its discretion,
deposit additional municipal monies into the Trust Fund, which deposits
shall then be subject to all of the provisions governing the Trust
Fund. The Trust Fund shall also be authorized to accept donations
and testamentary bequests.
b.
Any and all interest that accrues shall remain in the Trust Fund.
c.
The Township Council shall determine the amount of the tax levy each
year by Resolution.
[Ord. No. 03-16-OAB § 4]
The funds accumulated within the Trust Fund shall be utilized for the acquisition of real estate and interests in real estate as more fully delineated in Subsection 2-90.1 hereinabove. In connection with such acquisitions, the funds may be utilized for appraisals, title fees, professional fees and other items of expense permitted by law in connection with the acquisition of real estate. Additionally, funds accumulated within the Trust Fund may be used as a down payment for the issuance of bonds or for debt service for the same purpose at the discretion of the Township Council.
[Ord. No. 03-16-OAB § 5]
The land acquired under the Trust Fund shall be utilized for
all categories of open space, including parks, recreation areas, natural
areas and such other uses consistent with the concept of open space.
[Ord. No. 03-16-OAB § 6]
No real property or interest therein, acquired with funds from
the Trust Fund shall be sold, conveyed, leased or otherwise alienated,
unless it is needed for another public use or otherwise furthers the
purposes of the Trust. Any such alienation must be done in accordance
with N.J.S.A. 40:12-1.9.
[Ord. No. 03-16-OAB § 7]
There is hereby established in the Township of Berkeley an Open
Space Site Acquisition Advisory Committee ("OSSAAC" hereinafter),
which shall have the duties and powers hereinafter more particularly
set forth.
[Ord. No. 03-16-OAB § 8; Ord. No. 07-27-OAB § 1; Ord. No. 08-23-OAB § 1]
a.
The OSSAAC shall consist of:
1.
The Chief Financial Officer or designee.
2.
One member of the Berkeley Township Environmental Commission. If
said member is unable to attend, he/she may designate another member
of the Berkeley Township Environmental Commission to attend any meeting
of the OSSAAC on his/her behalf.
3.
One member of the Historical Society of Berkeley Township. If said
member is unable to attend, he/she may designate another member of
the Historical Society of Berkeley Township to attend any meeting
of the OSSAAC on his/her behalf.
4.
Two citizens of the Township of Berkeley who are not elected officials
appointed by the Mayor with the advice and consent of the Council.
5.
One citizen of the Township of Berkeley who is not an elected official
appointed by the Mayor with advice and consent of the Council shall
serve as an alternate member.
b.
Except for the positions to be held by the Chief Financial Officer,
the Mayor may fill any vacancy or make any new appointment from within
any of the categories above, without regard to the category to which
the former member belonged. Members from the Planning Board, the Environmental
Commission and the Parks and Sports Authority Committee shall have
terms which correspond with the terms of their respective appointive
offices. The Recreation Director and the Chief Financial Officer or
designee shall serve as members of the OSSAAC as long as they are
employed by the Township in their respective capacities. The citizen
members of the OSSAAC shall serve for three-year terms. However, the
initial term of every citizen member shall be specified at the time
of appointment so as to create staggered terms among the citizen members,
as nearly as possible. Any member of the OSSAAC may be removed from
office for cause after an opportunity has been given for a hearing
and upon the vote of the full authorized membership of the Township
Council. A majority of the membership of the OSSAAC shall constitute
a quorum.
[Ord. No. 03-16-OAB § 9]
The OSSAAC shall conduct regularly scheduled meetings or at
the call of the Chair. The OSSAAC shall elect annually, the chairman,
vice-chairman and other such officers as deemed appropriate. The OSSAAC
may adopt bylaws and other procedures for operation. The OSSAAC shall
maintain minutes and observe requirements of the Open Public Meetings
Act, if the same are applicable to it.
[Ord. No. 03-16-OAB § 9]
a.
The policy of Berkeley Township with respect to the acquisition of
open space recognizes that preservation of a reasonable amount of
undeveloped land is necessary if Berkeley Township is to maintain
its current desirable ambiance.
b.
The residents of the Township have a high stake in the acquisition
of open space and have demonstrated their support through authorizing
the institution of a tax dedicated for this purpose. Residents and
landowners shall be kept informed as to the activities of the OSSAAC
and communication with the OSSAAC is encouraged.
c.
Acquisition needs to be undertaken as quickly and continuously as
possible. This is necessary because the availability of appropriate
sites will decrease as development continues within the Township and
because the costs of acquisition may increase as open space decreases.
Thus, the policy of the Township shall be to leverage Township resources
through accessing County, State and Federal funds, through the use
of grants and/or loans which may be serviced through existing revenues
and other appropriate sources and gifts and bequests.
d.
Open space acquisitions when taken as a whole need to meet the needs
of all the residents of the Township. Thus, acquisitions need to include
parklands and green zones, outdoor recreational facilities, farmlands,
ecologically sensitive zones, and sites of historical, cultural or
scenic value. The policy of the Township shall require that sites
considered for acquisition be judged within the context of a Township
Open Space Plan. Generally, Township ownership and/or control are
considered desirable for public lands.
e.
The acquisition of open space cannot be addressed in isolation from
other public activities within the Township or without regard to the
status and plans of contiguous municipalities. Thus, it is the policy
of the Township that the OSSAAC is charged with (1) preparing a prioritized
listing of desirable parcels which identifies probable uses and unique
or highly desirable features, (2) developing an overall Open Space
Plan in collaboration with other Township Committees, (3) identifying
sources of County, State, Federal and private funding that may be
used to leverage acquisition, and (4) researching financial vehicles
that could support early acquisition.
[Ord. No. 03-16-OAB § 10]
a.
To develop strategies to utilize the Trust Fund in an efficient and
economical manner in order to maximize opportunities to provide all
the residents of Berkeley Township with parklands and green zones,
to protect ecologically sensitive areas, to preserve flora and wildlife,
to preserve farmland and to protect land of scenic, historic and cultural
value while simultaneously creating public outdoor recreational opportunities
for Berkeley Township residents.
b.
To establish and publish procedures for the donation of gifts and
testamentary bequests of land to Berkeley Township. A packet of materials
is to be designed and made available by the OSSAAC to the public detailing
the benefits from gifts and/or bequests of land or an interest therein
to the Township of Berkeley.
[Ord. No. 03-16-OAB § 11]
The OSSAAC shall research and recommend to the Township Council,
alternatives for grant funding which may be available to assist the
Township Council in its purchase of land.
[Ord. No. 03-16-OAB § 12]
No member of the OSSAAC shall participate in any discussion
or vote on any recommendation relative to sites within 200 feet of
his or her property (which he or she owns or has any interest in or
which a related party or business associate may have an interest in).
Members of the OSSAAC shall be subject to the Local Government Ethics
Act. Definitions in said Act shall apply to the OSSAAC.
[Ord. No. 03-16-OAB § 13]
The Township Council may, at its discretion, appropriate sufficient
funding to assist the OSSAAC in carrying out its duties and responsibilities
as set forth herein.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
The purpose of this section is to comply with and adopt the provisions of Chapter 19, P.L. 2004, as amended P.L. 2005, c. 51, and Chapter 271, P.L. 2005 (the "Pay to Play Acts").
[1]
Editor's Note: Prior ordinance history: Ordinance No. 04-26-OAB.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
As used in this section, unless otherwise noted, the following
terms shall have the meanings indicated, as delineated within N.J.S.A.
19:44A-20.7:
Shall mean any natural or legal person, business corporation,
professional services corporation, limited-liability company, partnership,
limited partnership, business trust, association or any other legal
commercial entity organized under the laws of this State or of any
other state or foreign jurisdiction.
Shall mean the ownership or control of more than 10% of the
profits or assets of a business entity or 10% of the stock in the
case of a business entity that is a corporation for profit, as appropriate.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
a.
The Township of Berkeley, and any agency or instrumentality thereof,
shall not enter into a contract having an anticipated value in excess
of $17,500, as determined in advance and certified in writing by the
Township, with a business entity, except a contract that is awarded
pursuant to a fair and open process, if, during the preceding one-year
period, that business entity has made a contribution that is reportable
by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.),
to any Berkeley Township committee of a political party, if a member
of that political party is serving in an elective public office of
Berkeley when the contract is awarded, or to any candidate committee
of any person serving in an elective public office of that municipality
when the contract is awarded; and
b.
A business entity that has entered into a contract having an anticipated
value in excess of $17,500 with the Township of Berkeley, or any agency
or instrumentality thereof, except a contract that is awarded pursuant
to a fair and open process, shall not make such a contribution, reportable
by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.),
to any Berkeley Township committee of a political party, if a member
of that political party is serving in an elective public office of
that municipality when the contract is awarded, or to any candidate
committee of any person serving in an elective public office of that
municipality when the contract is awarded during the term of that
contract.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
When a business entity is a natural person, a contribution by
that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity
is other than a natural person, a contribution by any person or other
business entity having an interest therein shall be deemed to be a
contribution by the business entity. When a business entity is other
than a natural person, a contribution by: all principals, partners,
officers, or directors of the business entity or their spouses; any
subsidiaries directly or indirectly controlled by the business entity;
or any political organization organized under Section 527 of the Internal
Revenue Code that is directly or indirectly controlled by the business
entity, other than a candidate committee, election fund, or political
party committee, shall be deemed to be a contribution by the business
entity.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
If a business entity makes a contribution that would cause it
to be ineligible to receive a public contract, or, in the case of
a contribution made during the term of a public contract, that would
constitute a violation of the Pay to Play Acts, the business entity
may request, in writing, within 60 days of the date on which the contribution
was made, that the recipient thereof repay the contribution and, if
repayment is received within those 60 days, the business entity would
again be eligible to receive a contract, or would no longer be in
violation, as appropriate.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
Nothing contained in this section shall be construed as prohibiting
the awarding of a contract when the public exigency requires the immediate
delivery of goods or performance of emergency services as determined
in accordance with N.J.S.A. 40A:11-6.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
Prior to awarding any contract, except a contract that is awarded
pursuant to a fair and open process, the Township of Berkeley shall
require the business entity to which the contract is to be awarded
to provide a written certification that it has not made a contribution
that would bar the award of a contract pursuant to this act. A business
entity shall have a continuing duty to report to the Election Law
Enforcement Commission any contributions that constitute a violation
of this act that are made during the duration of a contract.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
Violations of this section shall result in penalties as prescribed
within N.J.S.A. 19:44A-20.10 and 19:44A-20.11.
[Ord. No. 13-28-OA § 2; Ord. No. 13-31-OAB § 3]
a.
The Township shall award all contracts with a business entity having
an anticipated value in excess of $17,500 on the basis of the fair
and open process herein, in accordance with N.J.S.A. 19:44A-20.7.
For purposes of this section, contracts awarded by public bidding
pursuant to N.J.S.A. 40A:11-4, and competitive contracting pursuant
to N.J.S.A. 40A:11-4.1 to 40A:11-4.5, shall be deemed to have satisfied
the Township's "fair and open process." This section shall not apply
to any contract for which the entity is regulated by the State so
as to prohibit or restrict said entity from making political contributions.
b.
Fair and Open Process Defined.
1.
Requests for proposal shall be published by the posting of a public
notice at least 10 days prior to the awarding of any contract herein.
(a)
The public notice shall be:
(1)
Prominently posted in the public place reserved for Sunshine
Law notices; and
(2)
Mailed, telephoned, telegrammed, faxed, or hand delivered to
at least two newspapers designated to receive such notice because
they have the greatest likelihood of informing the public within the
municipality, one of which shall be the official newspaper of the
municipality; and
(3)
Filed with the Township Clerk.
(b)
The public notice shall, at minimum, include:
(1)
A description of the goods or services needed, including, where
appropriate, a description of tasks involved.
(2)
Threshold qualification requirements setting the highest possible
minimum standards for qualifying to compete for the particular goods
or services and tasks involved.
(3)
Notice that the selection criteria are on file and available
at a stated location in the Township.
(4)
Deadline and place for all submissions.
2.
The selection criteria to be used in awarding a contract or agreement
for goods or services shall include:
(a)
Name and business address of proposed contractor. For service
contracts, the names and roles of the individuals who will perform
the task, and a description of their experience with projects similar
to the matter being advertised.
(b)
References which include evidence of successful transactions
for provision of similar goods or services.
(c)
Description of ability to provide the goods or services in a
timely fashion (for service contracts, include staffing, familiarity,
and location of key staff).
(d)
Cost details. For service contracts, include the hourly rates
of each of the individuals who will perform services, time estimates
for each individual, all expenses, and, where appropriate, total cost
of "not to exceed" amount.
(e)
Qualifications of the individuals who will perform the tasks
and the amounts of their respective participation (services only).
(f)
Other relevant experience.
(g)
Ability to perform the task or provide goods in a timely fashion.
(h)
Cost consideration, including, but not limited to, as applicable,
historical costs for similar goods or services, expertise involved
and comparable costs for comparable public entities.
3.
All submissions shall be kept on file during the term of the related
contract, and shall be public records after the deadline for the submission
of proposals.
4.
Contracts awarded under this section shall be publicly announced
and awarded.
[Ord. No. 09-10-OAB]
a.
The attached Tort Claims Act Notice form shall be and is hereby adopted
as the official tort claim notice form for the Township of Berkeley.
(This form is on file in the office of the Township Clerk.)
b.
All persons making claims against the Township of Berkeley, its officers,
employees, agencies or departments, pursuant to the New Jersey Tort
Claims Act, N.J.S.A. 59:1-1 et seq. are required to complete the form
adopted by the ordinance as a condition of compliance with the New
Jersey Tort Claims Act notice requirements.
[Added 8-24-2020 by Ord. No. 20-31-OAB]
The Township authorizes the use of a payroll service to prepare
payment documentation, take possession of Township funds, and make
such disbursements itself on behalf of the Township, as permitted
by and in compliance with N.J.A.C. 5:30-17.1 et seq.
The appointment of a payroll service shall be pursuant to the
Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and shall require
the contractor to do the following, by way of example and not by way
of limitation: data collection, agency report preparation, calculation
of withholding, direct deposit of payroll disbursements, and/or transfer
of Township funds to the contractor's account for subsequent disbursement
of payment, preparation of the necessary payment documentation and
execution of disbursements from the Township's bank account on behalf
of the town.
The Chief Financial Officer is hereby appointed the approval
officer and is responsible for authorizing and supervising the activities
of the payroll service and shall further be charged with the reconciliation
and analysis of all general ledger accounts affected by the activities
of the payroll service.
If required by the contract between the Township and the payroll
service, the payroll service is permitted to hold Township funds pending
transmittal to a payee.
The payroll service is obligated to report any irregularities
that may indicate potential fraud, noncompliance with appropriate
laws, dishonesty or gross incompetence on the part of the approval
officer, and to report any circumstances that could jeopardize its
ability to continue operations or otherwise interrupt the services
provided to the Township.
a.
The payroll service must meet the requirements of N.J.A.C. 5:30-17.5,
requiring that the approval officer be assured that the servicer has
its own internal controls and appropriately guard against theft and
other adverse conditions.
b.
All contracts for payroll services shall comply with the requirements
of N.J.A.C. 5:30-17.6 which sets out a series of mandatory contractual
terms and conditions.
If any section, subsection, sentence, clause, phrase or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
