A.
Established; term. There is hereby established the position of Deputy
Director in the Department of Public Affairs, pursuant to N.J.S.A.
40:72-9. The Deputy Director shall serve during the term and at the
pleasure of the Director.
B.
Duties. The Deputy Director shall assist the Director in organizing,
developing, directing, supervising and performing the work involved
in the management of the Department. The Deputy Director shall assist
the Director in developing and preparing the departmental budget,
operational policy, work programs and budgetary policies; evaluate
the effectiveness of work programs and procedures of all units with
the Department; promote close coordination of planning efforts; develop
effective work methods for subordinates; undertake special studies
pertaining to Department functions; establish and maintain helpful
and cooperative relations with civic and business organizations, and
perform any other duties assigned to him/her by the Director. In the
absence of the Director, the Deputy Director shall serve in his/her
capacity, but shall not be authorized to act at meetings of the Board
of Commissioners.
C.
Qualifications. The Deputy Director shall have relevant experience
in public or private organization. Persons with mental or physical
disabilities are eligible as long as they can perform the essential
functions of the job after reasonable accommodation is made to their
known limitations. If the accommodation cannot be made because it
would cause the employer undue hardship, such persons may not be eligible.
A.
Establishment. There shall be the position of Municipal Public Defender
in the Department of Public Affairs who shall perform his/her duties
under the Director of that Department.
B.
Requirements for position. The requirements for the position of Municipal
Public Defender shall be possession of a valid New Jersey license
to practice law and a member in good standing of the New Jersey Bar.
Persons with physical or mental disabilities are eligible so long
as they can perform the essential functions of the job, after reasonable
accommodation is made for their known limitations, unless such accommodation
imposes undue hardship upon the City or the performance of such duties
poses a direct threat to the health or safety of such person or others.
C.
Duties. It shall be the duty of the Municipal Public Defender to
represent and give legal counsel to indigents charged in the Municipal
Court with disorderly person or other petty offenses.
D.
Application for representation.
(1)
In order to obtain the services of the Public Defender, an application
must be filed with the Municipal Court on a form to be provided by
the City. The Municipal Court Judge shall make a decision as to whether
a defendant is indigent after reviewing each defendant's application.
This determination shall be based upon whether the defendant has the
present financial ability to secure competent legal representation
and to provide all other necessary expenses of representation.
(2)
The Municipal Court Judge shall assess an application fee, as set forth in Chapter 155, Fees, from each defendant who makes an application for the services of the Public Defender. This fee shall be due regardless of whether the applicant is found to require the services of the Public Defender. However, the Municipal Court Judge may waive this fee, in whole or in part, if the Judge determines, in his/her discretion, that this application fee represents an unreasonable burden on such defendant.
(3)
The defendant's inability to pay the application fee shall in
no way affect or reduce the rendering of service to him/her. In the
case of a defendant who is unable or unwilling to pay the application
fee and for whom the fee was not waived, such fee shall become a lien,
and the City may collect the fee consistent with N.J.S.A. 40:6A-1,
2A:158A-19 or in any other manner as permitted by law.
A.
Established. There is hereby established in the Department of Public
Affairs the Division of Inspections which shall be responsible for
all inspection activities of the City municipal government, except
for the operations of the Construction Code Official's office
which is established as per the Uniform Construction Code.
B.
Director of Inspections. Under the direction of the Department Director,
the Division of Inspections shall be supervised by the Director of
Inspections who shall plan and organize all inspection operations
within the Division. With regard to any inspection activity related
to the health codes of the federal, state, county or local government,
the Division Director shall also be subject to the input and direction
of the Health Officer as provided by N.J.A.C. 8:52-2.1. The Director
of Inspections shall perform such other duties of like nature as,
from time to time, may be assigned to him/her by the Director of the
Department.
C.
Qualifications; salary. The overall job specifications for this position,
as applicable, shall be promulgated by the New Jersey Department of
Personnel. The salary shall be as established by the City Salary Ordinance,
as amended from time to time.
A.
Position established. There is hereby created the position of Purchasing
Agent in the Department of Public Affairs.
B.
Qualifications.
(1)
Qualifications
for the position of Purchasing Agent shall be as follows:
(a)
Graduation from a four-year course at an accredited college or university. Applicants who do not meet the above educational requirements may substitute additional work experience as described in Subsection B(1)(b) herein, on a year-for-year basis.
(b)
Five years of experience in the writing of purchase specifications
and in the purchase of equipment, materials and supplies on a larger
scale and accreditation by the State of New Jersey as a certified
agent, or in the process of being accredited as a certified purchasing
agent, or shall make all attempts to obtain certification.
(c)
Appointees may be required to possess a valid New Jersey driver's
license.
(d)
A thorough knowledge of:
[1]
The accepted procedures used in making large-scale purchases.
[2]
Laws, rules and regulations affecting purchasing.
[3]
Accepted preparation of specifications of commodity markets,
marketing practices and commodity pricing methods.
[4]
Application of bookkeeping methods to procurement practices.
(e)
Ability to interpret market prices and trends and apply such
interpretations to procurement problems; to establish and maintain
harmonious working relationships; to review and prepare specifications;
to recommend suitable action on bids; to use good English in the preparation
of reports and to establish and maintain adequate purchasing and other
records.
(2)
Persons with physical or mental disabilities are eligible so long
as they can perform the essential functions of the job, after reasonable
accommodation is made for their known limitations, unless such accommodation
imposes undue hardship upon the City or the performance of such duties
poses a direct threat to the health or safety of such person or others.
C.
Responsibilities and duties. The Purchasing Agent shall:
(1)
Establish and develop accepted purchasing methods and records in
accordance with prescribed laws, rules, regulations, standards, policies
and procedures.
(2)
Review requisitions for the operation and maintenance of equipment,
materials and supplies.
(3)
Locate and investigate suitable reputable sources of supplies and
prepare specifications.
(4)
Review submitted bids for content and, after thorough analysis, make
recommendations for the acceptance or rejection of such bids.
(5)
Communicate directly with vendors, by telephone or correspondence.
(6)
Interview vendors' representatives and employees regarding specifications
and deliveries; handle complaints by taking the proper remedial action.
(7)
Record the claims of vendors for materials and services.
(8)
Prepare periodic reports and statements.
(9)
Assist in the preparation of temporary and final appropriation budgets
and appropriate transfers.
(10)
Confer with departmental representatives on the standardization of
supplies used and the need for specialized equipment.
(11)
Establish and maintain needed records and files.
(12)
Supervise the activities of assigned personnel.
D.
Compensation. The salary of the Purchasing Agent shall be as set
forth in the Salary Ordinance.
E.
Purchasing procedure. The Purchasing Agent is designated, empowered and authorized to make all purchases of supplies, materials and equipment necessary for the efficient operation of the City and to sell such personal property of the City in accordance with the terms and conditions set forth in Subsection G below.
(1)
Requisition forms required. The Purchasing Agent shall maintain a
stack of prenumbered order blanks and requisition slips in his/her
office from which necessary forms shall be supplied to the heads of
various departments.
(2)
Awarding of bids and orders.
(a)
The Board of Commissioners, at intervals to be fixed by it,
shall solicit proposals by public advertisement for the furnishing
of all materials and supplies usually required by it or any department
under its control and shall award a contract therefor to the lowest
responsible bidder.
(b)
When any supplies, materials or equipment are required which
the City is authorized by law to purchase without first publicly advertising
for bids, it shall be the duty of the Purchasing Agent to purchase
such materials, supplies or equipment in the open market, after having
obtained, where possible, at least three prices and to award the order
to the lowest responsible bidder.
(3)
Purchasing guidelines.
(a)
Each department shall follow the guidelines promulgated by the
Purchasing Manual which shall be on file in the office of the Chief
Financial Officer and the Purchasing Agent and known as Schedule A.
This manual may be amended periodically, upon approval by the Board
of Commissioners.
(b)
No purchase or commitment to a vendor shall be made for goods
or services prior to the certification of the availability of funds
by the Chief Financial Officer.
(c)
All departments shall forward requests for purchases for the
City to the Purchasing Department.
(d)
All requests for certification of available funds shall be made
by appropriate personnel in the Purchasing Department.
(e)
Each vendor must conform to the proper purchasing and encumbrance
procedures prior to the City honoring or paying any claim.
F.
Preparation of contracts and resolutions. All resolutions and contracts
necessary to be drawn to carry out the terms and provisions of this
section shall be prepared by the Purchasing Agent, who is hereby authorized
to secure the assistance of the City Clerk and the Law Department
to assist in the proper preparation thereof.
G.
Sale of City property. The Purchasing Agent shall sell such personal
property of the City, including all surplus and obsolete materials,
supplies and equipment which in the opinion of the head of any of
the departments, is deemed unsuitable or not needed for further public
use, but only after soliciting and obtaining bids therefor and subject
to the approval of the Board of Commissioners.
A.
Restrictions on purchase.
(1)
It shall be the policy of the City that it shall not purchase, lease,
rent or take on consignment goods and/or services produced under sweatshop
conditions and that the guidelines, criteria and procedures listed
below shall be enacted.
(2)
The procedures and guidelines set forth herein shall apply to the
manufacture, laundering and/or distribution of items of apparel and/or
textiles, such as, but not limited to, clothing, headwear, lines and
fabric, as well as any other industry designated by the Mayor, based
on the provisions established herein, which are vulnerable to sweatshop
compensation.
B.
Selection of vendors. In order to ensure that the City contracts
with vendors that have responsible employment practices, the following
criteria will be used in contracting for goods and services:
(1)
The City shall not purchase goods or services produced outside of
the United States of America, unless similar goods or services produced
in the United States of America are unavailable, where allowed by
law.
C.
Labor practices. The City shall require of every bidder for City contracts covered under Subsection B, and annually from every vendor of goods or services covered thereunder:
(1)
Disclosure of all subcontractors and sites. The bidder or vendor
shall identify the name and address of each subcontractor to be used,
as well as the address of all locations, including subcontractor locations,
directly involved in providing goods or services covered by this section.
Such information will be considered public information and will be
maintained by the awarding agency or authority.
(2)
Certification of compliance with responsible labor practices. The
standards set forth below constitute responsible labor practices for
City contractors. The bidder or vendor shall certify that each location,
including subcontractor locations, directly involved in producing
or distributing goods or services covered by this section meets these
standards.
(a)
Compensation. Wage and benefit levels must be sufficient to
meet basic needs and provide some discretionary income for a family
of four, a "living wage." For employment within the USA, this shall
mean an average production wage of at least $7 per straight-time hour
in 1997 dollars, along with total compensation, which shall be defined
as any combination of wages and of health and retirement benefits,
of at least $8.15 per hour, or as shall be amended from time to time
by the Bureau of Labor Statistics for the United States Department
of Labor.
(b)
Rights. The company respects worker's rights to speak up
about working conditions without fear of retaliation. The company
shall certify that in a signed affidavit attached to any bid/proposal,
that:
[1]
Due process and just cause procedures are used for discipline
or discharge, with recourse to arbitration, where applicable.
[2]
The successful company complies with federal, state and local
wage and hour legislation.
[3]
The company complies with all laws, regulations and ILO standards
governing the workplace which cover subject matter not preempted by
federal law.
[4]
The company shall not use child labor, forced labor and/or corporal
punishment.
[5]
The company does not discriminate in hiring, promotion or compensation
on the basis of race, disability, national origin, religion, gender,
sexual preference or political affiliation.
(c)
Safety and health. The company shall also certify that it complies
with all state and local fire codes and building codes.
(d)
Environment. The company shall also certify that it complies
with a federal, state and local environment legislation.
(e)
Foreign goods and services. If the City must purchase foreign
produced goods and/or services, then the company producing such goods
and/or services must additionally adhere/certify to the following
practices:
[1]
The company respects workers' rights to form unions of
their own choosing without employer resistance.
[2]
The company does not discriminate in hiring, promotion or compensation
on the basis of union preference.
[3]
The company's workplace is free from physical, sexual or
verbal harassment.
[4]
The company's employees are not required to work more than
48 hours per week without overtime pay or less if the law of the country
in which the company is located sets a shorter workweek.
[5]
The company complies with all laws, regulations and ILO standards
governing the workplace.
[6]
The company provides a safe and healthy work environment, including
implementation of sound injury and illness prevention practices.
(f)
Filing of false information. The filing of false information
under this section shall be a violation of this Code and punished
accordingly. The City, at its discretion and as allowed by law, may
terminate a contract or ban a vendor from holding contracts with the
City for a period of five years for filing false information or for
failing to file information required under this section. The City
shall require correction and remediation of violations of the standards
listed in this subsection, prior to renewing commerce with the contractor.
The City may terminate a contract, if permitted by law for failure
to meet the standards listed in this section. The City may require
further proof of compliance with the standards listed in this section.
Upon request, the contractor or subcontractor will make all relevant
records available to the City or its designee.
(g)
Policy. It is the policy of the City that the guidelines for
uniforms or other clothing items purchased by voucher or allowance
by City employees shall require that the uniforms or other clothing
items be made in the USA, unless a product is manufactured in the
USA is unavailable as permitted by law. The guidelines shall also
incorporate the labor practice set forth in Subsection C(1)(a) through
(e) above. Uniform apparel or other clothing items whose providers,
manufacturers, or subcontractors fail to adhere to these practices
shall be deemed unacceptable under the uniform or other clothing guidelines
established for any voucher or uniform allowance system.
A.
Establishment of position. There shall be the position of Senior
Citizens' Recreation Leader established in the Department of
Public Affairs of the City.
B.
Responsibilities. The person appointed shall be responsible for organization,
development and leadership in all phases of recreational programs
for senior citizens; shall conduct activities with assigned groups
and shall do related work as required by the Department of Public
Affairs. That person shall organize, promote and lead groups in a
variety of programs designed to meet the recreational needs of senior
citizens; assist in directing recreation programs, socials and special
events; report to his/her supervisor and the Commissioner of the Department
of Public Affairs, orally or in writing, on groups or individuals,
plans and problems; recommend action and carry out policies in leading
such special activities; oversee the use of needed equipment and supplies
and keep necessary records.
C.
Qualifications. The person appointed as Senior Citizens' Recreation
Leader shall have graduated from high school or vocational high school,
or possess an approved high school equivalent certificate; special
training or experience in work with senior citizens; considerable
knowledge of the problems involved in the leadership of recreational
activities for senior citizens; the ability to use good judgment in
safety and first aid with senior citizens, coworkers and supervisors.
Persons with physical or mental disabilities are eligible so long
as they can perform the essential functions of the job, after reasonable
accommodation is made for their known limitations, unless such accommodation
imposes undue hardship upon the City or the performance of such duties
poses a direct threat to the health or safety of such person or others.
[Added 11-17-2009]
A.
Establishment. There is hereby established an advisory body assigned
to the Department of Public Affairs which shall be known as the Union
City Artist Collective. The Committee shall consist of nine members
who shall be appointed by the Board of Commissioners and shall include
the City's Poet Laureate, the City Historian, and the Curator
of the City's Art Gallery at City Hall. All members shall be
residents of the City who shall serve without compensation.
B.
First members; subsequent members; terms. The first Committee members
shall be appointed within 30 days after the effective date of this
section, and their terms of office shall commence upon the date of
the appointment and end on July 1, the year following their appointment.
All subsequent appointments shall be for the respective period of
two years, to take effect on July 1. The term of each appointee shall
be designated in the resolution of appointment.
C.
Organization. The Committee shall organize within 30 days after the
appointment of its total membership for the remainder of the fiscal
year and thereafter annually by the election of either the Poet Laureate,
the City Historian and the Curator of the City Hall Art Gallery to
serve as Chairperson, Vice Chairperson and secretary.
D.
Purpose. The advisory body organized under this section shall advise
the Board of Commissioners in the development of art programs of interest
to the local artist community and the public and shall:
(1)
Represent the City in art exhibits outside the City proper.
(2)
Conduct programs and conferences open to all local artists of different
disciplines.
(3)
Serve as a networking group for the arts in the City.
(4)
Perform such other duties as the Board of Commissioners may prescribe
from time to time.
