[HISTORY: Adopted by the Mayor and Council of the Borough
of Park Ridge 3-22-2011 by Ord. No. 2011-006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative organization — See Ch. 2.
[1]
Editor's Note: This ordinance also repealed former Ch. 8,
Court, consisting of Art. I, Municipal Court, adopted 12-9-1963, as
amended, and Art. II, Public Defender, adopted 3-12-1996 by Ord. No.
96-2, as amended.
A.
Pursuant
to N.J.S.A. 2B:12-1, there is hereby created a joint municipal court
composed of the Borough of Park Ridge and the Boroughs of Woodcliff
Lake and Montvale (collectively, the "municipalities") all located
in Bergen County, New Jersey, to be known as the "Pascack Joint Municipal
Court."
B.
The
Pascack Joint Municipal Court will be governed by a shared services
agreement among the aforesaid municipalities and is subject to the
terms thereof which will embody the provisions of this chapter.
C.
Montvale
shall provide the Joint Court facilities, personnel, and resources
at the Montvale Municipal Building located at 12 Mercedes Drive, Montvale,
and all Joint Court sessions shall be held at the Montvale location.
(1)
Joint Court facilities will include the courtroom, office(s) and
storage space for court administration, judge's chamber, prosecutor's
office, and archive storage.
(2)
Joint Court personnel will include a Judge, Prosecutor, Public Defender,
Court Administrator and Court staff, as well as standard security
personnel.
(3)
Joint Court resources will include, but not be limited to, state-provided
computer hardware and software, audio-visual equipment, appropriate
municipal court forms, and manual and electronic payment processing.
D.
The
Joint Court operations shall be managed by Montvale as a "joint court"
pursuant to N.J.S.A. 2B:12-1b, using one set of books and one court
calendar.
E.
The
municipalities will each receive and retain all net revenues generated
by all cases on their respective court dockets as is currently provided
and in accordance with applicable statutes.
[Amended 7-11-2023 by Ord. No. 2023-010]
The Court shall remain in effect and extend its operations through
December 31, 2030.
The jurisdiction of the Pascack Joint Municipal Court shall
be coextensive with the territory of the Boroughs of Park Ridge, Woodcliff
Lake and Montvale.
A.
A
Joint Court Advisory Committee (herein referred to as the "Advisory
Committee") is created and shall consist of two Council members from
each municipality together with the respective Borough Administrators
of the municipalities. The Mayors of the municipalities shall be ex
officio members of the Advisory Committee. The Advisory Committee
shall periodically meet as may be necessary to ensure that all of
the obligations under this agreement are being satisfied.
(1)
Each municipality shall have one vote regardless of the number of
Advisory Committee representatives appointed.
(2)
The Advisory Committee shall meet at such times and places as deemed
necessary, but in no event less than annually, and shall be responsible
for raising and addressing questions or concerns related to Joint
Court operations and long-term planning. A meeting of the Advisory
Committee may be called by the Joint Court Judge or by any two municipalities.
(3)
The Advisory Committee shall review the qualifications of all Court
professionals being considered for appointment to the Joint Court.
The Court professionals shall be recommended by the majority vote
of the Advisory Committee.
B.
Each
municipality shall annually notify the other municipalities of the
name(s) of its Advisory Committee representatives and identify their
representative with primary voting responsibility and their alternate
voting member, no later than 15 days after its respective municipal
reorganization meeting.
C.
All
Advisory Committee actions must be approved by a simple majority of
the voting members, except as otherwise provided.
D.
Initial
Joint Court Administration personnel shall be selected by the Advisory
Committee from among the current court staff of the municipalities.
Thereafter, responsibility for hiring, administration, oversight,
and discipline of all Joint Court Administration personnel shall be
the sole responsibility of Montvale, except as otherwise provided
by law. Montvale shall be responsible for payment of the salary, wages,
and any associated benefits provided to these employees, subject to
contribution as set forth in this chapter. The services of these employees
will be made available to the municipalities, as needed.
A.
Responsibilities
of Montvale.
(1)
Montvale shall act as the lead agency in the delivery of Joint Court
facilities, personnel, and resources.
(2)
The law enforcement officers of Montvale shall coordinate their court
calendar requirements with the Joint Court, which shall hold regular
court sessions as determined by the Judge.
(3)
Montvale shall coordinate the Joint Court calendar for case hearings
with the supported municipalities. Wherever practical, case hearings
requiring prisoner transport for each municipality will be held together
in order to minimize demands on the local police forces.
(4)
Judge and other professional personnel.
(a)
Montvale shall discontinue the use of its current professionals upon
commencement of the Joint Court and shall appoint and/or employ the
professionals selected by the Advisory Committee.
(b)
Montvale shall be responsible for payment of the salary, wages, and
any associated benefits that may be provided to these Court professionals
for the term of the agreement, subject to contribution as set forth
in this chapter.
(c)
The services of all appointed Court professionals will be made available
to all municipalities per the joint court calendar.
(5)
Montvale shall provide standard courtroom security for all Court
sessions. Prisoner transport shall be the responsibility of the municipality
requiring such prisoner transport. Extraordinary security measures
requiring additional security personnel shall be determined by the
Judge. The cost of providing extraordinary security will be shared
equally by the municipalities.
(6)
Montvale will be responsible for arranging the repairs, maintenance,
or replacement of any damaged or unusable facilities, furniture and/or
resources in the Joint Court facilities and the public municipal hall.
Montvale and the supported municipalities will share equally the cost
of all such repairs, maintenance and replacement. It is understood
and agreed that the Joint Court is responsible for a pro rata share
of repairs, maintenance and/or replacement of facilities, furniture
and resources that are utilized by the Joint Court and other entities
in Montvale, such as the Planning Board and governing body, and that
the Joint Court's pro rata share of such costs are properly attributable
to the Joint Court for purposes of this agreement.
B.
Responsibilities
of Park Ridge and Woodcliff Lake.
(1)
The municipalities of Park Ridge and Woodcliff Lake shall be deemed
the "supported municipalities" under the terms of this chapter.
(2)
The law enforcement officers of the supported municipalities shall
coordinate their court calendar requirements with the Court Administrator
of the Joint Court.
(3)
Each municipality shall retain the right to hire its own Court professionals
if desired, as provided by the New Jersey Statues, under separately
negotiated employment contracts and at its sole cost.
(4)
The supported municipalities shall discontinue use of their current
Court Administration personnel upon commencement of the Joint Court
and shall appoint and/or employ the Court Administration employees
selected by the Advisory Committee.
(5)
The supported municipalities shall provide for their own prisoner
transport.
A.
There
shall be one joint Municipal Court Judge. Pursuant to Article VI,
Section VI of the New Jersey Constitution, the Judge of the Joint
Court shall be nominated and appointed by the Governor, with the advice
and consent of the Senate. Any and all recommendations made to the
Governor for such nomination and appointment shall be made by the
Advisory Committee in consultation with the Vicinage Assignment Judge.
During any vacancy in the office of Judge of the Joint Court, the
Acting Judge shall be appointed by the Vicinage Assignment Judge,
in accordance with N.J.S.A. 2B:12-6.
B.
The
Municipal Court Judge shall have and possess the qualifications and
shall have, possess and exercise all the functions, duties, powers
and jurisdiction conferred by law or ordinance. The Judge shall be
an attorney at law of the State of New Jersey. Whenever the Municipal
Court Judge is unable to sit as such, he/she may designate any other
judge of any municipal court to sit for him/her temporarily and hold
the Municipal Court. Any such judge shall possess all of the powers
of the Municipal Court Judge.
C.
The
Municipal Court Judge shall faithfully carry out all of the duties
and responsibilities of a municipal court judge and shall abide by
all rules and regulations established for municipal courts and municipal
court judges by the Administrative Office of the Courts.
D.
The
Municipal Court Judge shall have full management authority or judicial
operations of the Court. Administrative operations shall be under
the control of the Advisory Committee to the extent permitted by law
and authorized by agreement of the municipalities.
E.
The
compensation of the Municipal Court Judge shall be determined by the
Advisory Committee and such compensation shall be allocated and billed
to each municipality as set forth herein.
There shall be one Prosecutor of the Municipal Court who shall
prosecute all cases in the Municipal Court. The Prosecutor shall be
appointed for a one-year term by the Advisory Committee and the municipalities
in accordance with the procedures set forth in this chapter. The compensation
of the Prosecutor shall be determined by the Advisory Committee, and
such compensation shall be allocated and billed to each municipality
as set forth herein. Additionally, there shall be one Alternate Prosecutor
of the Municipal Court who shall be utilized in the event of conflicts
or unavailability of the Prosecutor. The appointment and compensation
of the Alternate Prosecutor shall be made in the same manner as the
appointment of the Prosecutor.
There shall be one Public Defender of the Municipal Court who
shall represent those defendants assigned by the Municipal Court Judge.
The Public Defender shall be appointed for a one-year term by the
Advisory Committee and the municipalities in accordance with the procedures
set forth in this chapter. The compensation of the Public Defender
shall be determined by the Advisory Committee and such compensation
shall be allocated and billed to each municipality as set forth herein.
Additionally, there shall be one Alternate Public Defender of the
Municipal Court who shall be utilized in the event of conflicts or
unavailability of the Public Defender. The appointment and compensation
of the Alternate Public Defender shall be made in the same manner
as the appointment of the Prosecutor.
A.
There
shall be an Administrator of the Municipal Court who shall perform
the functions and duties prescribed for the Administrator by law,
by the rules applicable to municipal courts and by the Municipal Court
Judge. The Administrator shall be appointed in accordance with the
procedures set forth in this chapter. The compensation of the Administrator
shall be determined by the Advisory Committee and such compensation
shall be allocated and billed to each Municipality as set forth herein.
The Administrator's duties shall include, but not be limited to:
(1)
Carrying out the rules, regulations, policies and procedures relating
to the operations of the Municipal Court.
(2)
Interviewing and speaking to persons wishing to file criminal complaints
or quasi-criminal complaints or wishing information in this regard.
(3)
Receiving complaints and dispensing information relating to Municipal
Court matters.
(4)
Maintaining the financial records of the Municipal Court, including
receiving and accounting for fines and costs.
(5)
Attending Municipal Court; recording pleas, judgments and dispositions;
arranging trial calendars; signing Municipal Court documents; preparing
and issuing warrants and commitments and other Municipal Court-related
documents.
(6)
Maintaining and classifying records and files of the Municipal Court;
(7)
Maintaining, forwarding, receiving and reporting such records, reports
and files as required by the appropriate agencies.
(8)
Carrying out such additional duties as may be required in order to
fulfill the duties of Administrator.
There may be one or more Deputy Court Administrators of the Municipal Court who shall be appointed in accordance with the procedures set forth in § 8-4, provided that funds are provided for such purpose in the Municipal Court budget. Deputy Municipal Court Administrators shall perform the functions assigned to them by the Municipal Court Judge and the Administrator. The compensation of the Deputy Administrator shall be determined by the Advisory Committee and such compensation shall be allocated and billed to each municipality as set forth herein.
There may be appointed such other necessary clerical and other
assistant staff for the Municipal Court as is necessary for the efficient
operation of the Municipal Court, who shall be appointed in accordance
with the procedures set forth in this chapter for administrative personnel.
The compensation of these employees shall be determined by the Advisory
Committee and such compensation shall be allocated and billed to each
municipality as set forth herein.
A municipality may withdraw from participation in the Joint
Municipal Court by delivering written notice to the Joint Court and
all municipalities of its intentions to withdraw no less than one
full year prior to the date of withdrawal. All withdrawals shall be
effective January 1, no earlier than one full year subsequent to the
date of notice of withdrawal. Withdrawal of one or more municipalities
from the Joint Court shall not preclude the other municipalities from
forming or continuing a joint municipal court on terms acceptable
to them.
Montvale may solicit other municipalities to the Joint Court.
In the event that a contract with an additional municipality is pending
or contemplated, Montvale will present the anticipated impacts on
staffing and operating expenses to the Advisory Committee and recommend
adjustments to the annual base fee associated with providing Joint
Court facilities, personnel, and resources, as appropriate. Notwithstanding
the foregoing, any amendment to include an additional municipality
shall require approval by all municipalities as required by law and
the agreement authorized by this chapter.
A.
The Administrator shall prepare or have prepared a budget for the
Municipal Court which shall be submitted to the governing body of
each municipality no later than October 1 of each year. The budget
shall set forth an estimate of all expenses and projected revenues
for the upcoming calendar year and shall be in a form that is consistent
with municipal budgets. By November 15 of each year, the Advisory
Committee members shall adopt a budget in accordance with the procedures
set forth in this chapter. If a budget and appointments are not approved
by that date, then one or more meetings shall be held among the Advisory
Committee, the Administrator and the Municipal Court Judge until such
time as a budget and appointments agreeable to all members are agreed
upon by December 31. Any irreconcilable differences shall be decided
by the Vicinage Assignment Judge.
B.
Accounting records for the expenses associated with Joint Court operations
will be maintained by Montvale and shall be available for inspection
by municipalities upon request. Review of actual expenses associated
with the delivery of Joint Court services will be done at least annually
by the Advisory Committee.
C.
Full accounting records of each calendar year's Joint Court operations
will be available no later than the statutory municipal audit filing
date of June 30 of the following year.
A.
Each of the supported municipalities will keep in force, at their
respective sole expenses, comprehensive general liability insurance
with insurance companies licensed in the State of New Jersey or with
the Bergen County Municipal Joint Insurance Fund, which insurance
shall be evidenced by certificates and/or polices as determined by
Montvale.
B.
Each of the supported municipalities shall respectively provide this
comprehensive general liability insurance with a combined single limit
of $1,000,000/$3,000,000 aggregate for bodily injury and property
damage. A "claims made" policy is not acceptable. This insurance shall
indicate on the certificate of insurance the following coverages:
C.
Each certificate or policy shall require that a thirty-day notice
shall be given to Montvale by registered mail, return receipt requested,
if any policy or any individual coverage is altered or cancelled.
All such notices shall name the municipality and identify the agreement
or municipal contract number if applicable.
D.
Certificates of insurance shall be delivered to the Borough of Montvale,
prior to the commencement of the agreement authorized by this chapter,
and all certificates of insurance shall name "the Borough of Montvale,
its officers, employees and agents" as additional insured thereon.
E.
The insurance required under this section shall protect each of the
supported municipalities and all subcontractors respectively, against
damage claims which may arise from operations under this chapter whether
such operations are by the insured or by anyone directly or indirectly
employed by the supported municipalities and also against any of the
special hazards which may be encountered in the performance of the
Joint Court agreement authorized by this chapter.
F.
All policies and certificates of insurance shall be approved by each
of the municipalities prior to the inception of any work done under
the Joint Court agreement authorized by this chapter.
A.
Contribution.
(1)
The supported municipalities shall each pay a percentage of the total
costs incurred annually for the use of the Joint Court facilities,
personnel, and resources ("operational costs"). This percentage will
be equal to the ratio of court revenue realized by each municipality
to total court revenue for all municipalities. The Advisory Committee
shall review the cost allocator percentage on an annual basis. The
percentage used to allocate responsibility for operational costs shall
not be revised more than once per year.
(2)
Each supported municipality shall pay its share of the operational
costs quarterly, no later than the 15th day of April, July, October,
and January, directly to the Borough of Montvale. This payment entitles
each of the supported municipalities to the full use of the Joint
Court facilities, personnel, and resources.
(3)
The municipalities recognize that Montvale will incur some capital
costs and implementation expenses associated with the establishment
of the Joint Court, including those specifically and uniquely required
by the State of New Jersey Administrative Office of Courts and the
Assignment Judge of the Superior Court of New Jersey, Bergen County.
Proposed capital costs and implementation expenses will be reviewed
by the Advisory Committee and, if deemed reasonable by a majority
of the Advisory Committee, will be apportioned equally among each
of the municipalities to this agreement for payment. The supported
municipalities each agree to pay Montvale their equal share of capital
costs and implementation expenses within 60 days after submission
of the bill and invoice.
(4)
Municipal checks for payment shall be made out to the Borough of
Montvale, reference the invoice number on the memo line, and be returned
to the Municipal Treasurer, Borough of Montvale, 12 Mercedes Drive,
Montvale, New Jersey 07645.
B.
Revenue.
(1)
All municipal revenue accounts will be reconciled on or before the
15th day of each month per New Jersey Court Rule 7:14-4, Financial
Control. Supporting financial data by municipality from the Joint
Court information system will be used to establish the accurate amounts
to be transferred to each party to the Joint Court agreement.
(2)
Checks for monthly revenue will be made out to the municipalities
within three business days of municipal revenue account reconciliation
and mailed to the appropriate municipal building address.
(3)
Municipality income accounting will be done monthly to track and
report on the monthly revenue transfer from Joint Court to each municipality;
and a quarterly municipal income summary will be generated showing
all income by municipality by month and for the quarter.
As provided in the Uniform Shared Services and Consolidation
Act, P.L. 2007, c.63 (N.J.S.A. 40a:65-1 et seq.), in the event of
any dispute as to the amount to be paid under the terms of the Joint
Court agreement, the full amount shall be paid without prejudice to
the disputing parties. If through subsequent negotiation, litigation,
or settlement, the amount due shall be determined, agreed to, or adjudicated
to be less than was actually so paid, Montvale shall promptly pay
the excess owed.
The governing body of the Borough of Park Ridge is hereby authorized
to enter into a shared services agreement embodying the provisions
of this chapter pursuant to the Uniform Shared Services and Consolidation
Act, N.J.S.A. 40A:65-1 et seq. (the "Act") in accordance with the
terms thereof. In the event of a discrepancy between this chapter
and the Uniform Shared Services and Consolidation Act and any amendments
thereto, the Act shall take precedence.
