A.
Established. There shall be a Department of Finance of the Township
which shall have jurisdiction over all business pertaining to finance.
[Amended by Ord. No. 8-1984; Ord. No. 3-1989]
(1)
Chief Financial Officer. The head of the Township Department of Finance
shall be the Chief Financial Officer. The Chief Financial Officer
shall possess the qualifications which are required by N.J.S.A. 40A:9-140.1
and following and shall carry out the responsibilities set forth in
N.J.S.A. 52:27BB-26 and following. The Chief Financial Officer shall
perform such other duties as may be assigned by the Township Committee.
(2)
Duties. Supervise the preparation of annual operating and capital
budgets in consultation with department heads for submission to the
Township Committee at a date and in accordance with procedures established
by the Township Committee. In this connection, confer with department
heads and obtain written requests for appropriations. At the request
of the Committee, prepare analyses of proposed expenditures, with
recommendations regarding the feasibility thereof.
B.
Division of the Treasury.
[Amended by Ord. No. 1-1977; Ord. No. 14-1977; Ord. No. 3-1985]
(1)
Township Treasurer. Within the Department of Finance there shall
be a Division of the Treasury, the head of which shall be the Township
Treasurer. He/she shall serve for a term of one year.
(2)
Powers and duties of the Treasurer. The Treasurer shall have, perform
and exercise all the functions, powers and duties provided by general
law and Township ordinances. He/she shall keep and maintain books
and records of all financial transactions of the Township in accordance
with the standards and requirements of the Division of Local Finance
in the Department of Community Affairs of the State of New Jersey.
The Treasurer shall have custody of all public moneys of the Township
and shall make monthly reports to the Township Committee of all receipts,
expenditures, commitments and unexpended appropriations. All moneys,
including moneys collected by taxation, received from any source by
or on behalf of the Township or any board or department thereof shall,
within 48 hours after receipt, be paid to the Treasurer, who shall
deposit all such funds within 48 hours after the receipt thereof to
the credit of the Township in its designated legal depository.[1]
(3)
Disbursements. Disbursements in payment of bills and demands shall be made by the Treasurer upon vouchers approved by the Township Committee, except that payments from the payroll account shall be made pursuant to Subsection B(4) below. Every check shall be payable to the order of the person entitled to receive it, and shall specify the purposes for which it is drawn and the account or appropriation to which it is chargeable. Each check shall bear the signature of the Mayor and the Administrator. In the absence or disability of the Mayor, the Deputy Mayor shall sign in place of the Mayor. In the absence or disability of the Administrator, the Clerk shall sign in place of the Administrator.
(4)
Payroll account. There shall be an account to be designated the Township
of Mendham Payroll Account, and from time to time, the Treasurer,
upon receipt of a check or an amount due such payroll account, shall
deposit the same to the credit of the payroll account, charging the
appropriate budgetary accounts therewith. Disbursement from the payroll
account may be made by payroll checks upon approval by the Township
Committee of the entire payroll. Each check shall bear the signature
of the Mayor and the Administrator. In the absence or disability of
the Mayor, the Deputy Mayor shall sign in place of the Mayor. In the
absence or disability of the Administrator, the Clerk shall sign in
place of the Administrator. In case of error or adjustment in the
payroll, the Treasurer shall make proper correction and appropriate
record of such correction. Compensation for the period during which
an officer or employee will be on vacation shall be made in advance,
provided that the officer or employee makes due request for advance
payment.
C.
Division of Tax Collection. Within the Department of Finance, there
shall be a Division of Tax Collection, the head of which shall be
the Tax Collector.
[Amended by Ord. No. 8-1984; Ord. No. 3-1985]
(1)
Appointment and term of office. The Tax Collector shall be appointed
by the Township Committee for a term of four years from the first
day of January next following his/her appointment. Every person appointed
as Tax Collector shall hold a Tax Collector Certificate issued pursuant
to N.J.S.A. 40A:9-145.2. He/she shall also hold a Municipal Finance
Officer Certificate issued pursuant to N.J.S.A. 40A:9-140.1. A vacancy
in the position of Tax Collector other than by reason of expiration
of term shall be filled by appointment for the unexpired term. A person
holding the Office of Tax Collector may acquire tenure pursuant to
N.J.S.A. 40A:9-145.8.[2]
(2)
Duties. The Tax Collector shall possess all the powers and duties
established by law. The Collector shall enter in suitable books to
be kept for that purpose the sums received by him/her each day for
taxes, with the names of the persons on whose account the taxes shall
have been paid; shall keep a record and account of the finances of
the Township; and shall, within 60 days after the end of the fiscal
year, or when otherwise required by the Township Committee, make and
furnish a report thereof, with a detailed and true statement of all
moneys received by him/her and disbursed therefrom and for what purposes,
from the commencement of his/her official year to the date of his/her
report, or for such period as the Committee may require, and a list
of delinquent taxpayers for the previous year. He/she shall file the
report, with two copies of the statement and list of delinquents,
with the Township Clerk within the time hereinabove specified or when
otherwise required by the Township Committee.
(3)
Within the Division of Tax Collection there shall be a Tax Search
Officer, appointed by the Township Committee for a term of one year
and until a successor is appointed and qualified. The Treasurer may
be appointed to this office.
D.
Division of Tax Assessments.
[Amended by Ord. No. 2-1977; 4-12-1999 by Ord. No. 7-1999]
(1)
Within the Department of Finance, there shall be a Division of Tax
Assessments, the head of which shall be the Tax Assessor. The Tax
Assessor shall be appointed by the Township Committee for a term of
four years commencing on the first day of July next following his/her
appointment. The Tax Assessor is not required to be a resident of
the Township. Every person appointed as Tax Assessor shall hold a
Tax Assessor Certificate as required by N.J.S.A. 54:1-35.30. A vacancy
in the position of the Assessor other than by reason of expiration
of term shall be filled by appointment for the unexpired term.
(2)
Within the Division of Tax Assessments there shall be an Assessment
Search Officer, to be appointed by the Township Committee to serve
for a term of one year and until a successor is appointed and qualified.
The Township Committee may appoint the Tax Assessor to this office.
(3)
The Tax Assessor shall:
(a)
Have, perform and discharge all the functions, powers and duties
prescribed by law for a Municipal Assessor.
(b)
Maintain adequate assessment records of each separate parcel
of real property assessed or exempted.
(c)
Maintain a current Tax Map of the Township as a public record
and cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other departments as provided by the code.
[Amended by Ord. No. 4-1970; Ord. No. 1-1977; Ord. No. 4-1982]
The Department of Administration, through the Administrator,
shall:
A.
Recommend rules and regulations for administrative procedures governing
purchasing practices and the general coordination of departments,
boards and agencies of the Township, for the purpose of increasing
the effectiveness and efficiency of the Township government and promoting
its economic operation.
B.
Require the various departments of the Township to furnish annually
an adequate inventory of all equipment, materials and supplies in
stock and recommend the sale of any surplus or obsolete equipment
and supplies.
C.
Keep the Township Committee currently informed on all matters within
his/her jurisdiction and submit written reports when requested by
the Committee.
D.
After consultation with department heads, study, recommend, implement
and enforce procedures and policies of the Township and its departments
for receipt, dissemination and collation of, and responses to communications
and requests for information, and receive, distribute, and follow
up requests for information and complaints from citizens and keep
the Township Committee informed on such matters.
E.
Exercise general supervision over the Department of Public Works,
providing monthly reports thereon to the Township Committee and making
recommendations with respect to projects, facilities, equipment, materials
and personnel of the department.
[Amended by Ord. No. 1-1977; Ord. No. 4-1982]
A.
Establishment; head of department. There shall be a Department of
Public Works, the head of which shall be Superintendent of Public
Works.
B.
Appointment; term of Superintendent. The Superintendent of the Department
of Public Works shall be appointed by the Township Committee for the
calendar year. A vacancy in office shall be filled by appointment
for the remainder of the calendar year.
C.
Qualifications. The Superintendent of the Department of Public Works
shall have a combination of training and experience providing thorough
knowledge of the principles and practices of employee administration;
substantial knowledge of recent developments, current literature and
sources of information pertaining to public works administration;
ability to provide leadership and to effectively organize, direct
and coordinate the activities, personnel and equipment of a multifunction
public works department; ability to schedule and program work on a
long-term basis; and general knowledge of equipment utilized by the
department and its maintenance.
E.
Duties of Superintendent.
(1)
The Superintendent of the Department of Public Works shall have the
following general duties and responsibilities:
(a)
To schedule and coordinate the work of all employees of the
department.
(b)
To maintain a daily work log and prepare monthly reports on
the operations of the department.
(c)
To maintain work records of each employee of the department
and to prepare annual reports evaluating the performance of each employee.
(d)
To recommend the promotion, hiring or termination of employees
of the department.
(e)
To prepare rules for the operation of the department, which
shall become effective upon approval by the Township Administrator,
and thereafter to require compliance therewith.
(f)
To develop programs for the regular maintenance of all municipal
facilities mentioned in this section, to recommend repairs or extensions
of such facilities, and to effect authorized repairs and extensions.
(g)
To estimate materials needed for any authorized project.
(h)
To provide training programs for employees of the department
in order to improve their abilities and performance.
(i)
To promote a safety program for the department through training
and the use of appropriate safety equipment.
(j)
To schedule and supervise the care, maintenance and repair of
all vehicles, equipment and tools of the department.
(k)
To recommend annual budgets for the operation of the department.
(l)
To prepare recommendations with respect to the acquisition of
vehicles, equipment and tools for the department.
(m)
To investigate complaints made by citizens against employees
of the department and report thereon.
(n)
To work with other departments of the Township in order to promote
coordinated efforts for the public welfare.
(o)
To perform such other duties and related work as required or
assigned by the Township Committee.
(2)
All reports, recommendations and estimates prepared by the Superintendent
of the Department of Public Works shall be submitted to the Township
Administrator. The Superintendent shall confer with the Township Administrator
on a continuing basis regarding all aspects of the operation of the
department and shall carry out such directives as the Township Administrator
may issue.
A.
Establishment of Department. There is hereby established in the Township
of Mendham a Police Department. Said Police Department will be governed
by the appropriate authority and shall consist of the following police
officers in the ranks and positions indicated: a Chief of Police;
no more than one Lieutenant; no more than four Sergeants; and no more
than nine patrol officers.
[Amended by Ord. No. 15-1974; Ord. No. 8-1977; 8-19-2014 by Ord. No. 9-2014; 11-29-2016 by Ord. No. 19-2016]
B.
Chief of Police to be the head of the Department.
[Amended by Ord. No. 20-1972; 8-19-2014 by Ord. No. 9-2014]
(1)
The Chief of Police shall be the head of the Police Department and
shall be directly responsible to the appropriate authority for the
efficiency and routine day-to-day operations thereof. The "appropriate
authority" as used herein shall mean the Township Committee of the
Township of Mendham.
(2)
The appropriate authority, may, from time to time, leave one or more
of the above positions vacant as it sees fit. The express purpose
for naming these offices is to establish the positions and a statutory
line of authority. Whenever any such office is left vacant, it will
be deemed not to exist and will be bypassed in the chain of command.
Assignments within each rank shall be the responsibility of the Chief
of Police.
(3)
Nothing contained herein shall read or be interpreted as requiring
the appointment of police officers to the ranks/positions specified
above, or in the numbers designated for each rank/position. No person
may be appointed to the Township of Mendham Police Department until
he or she has satisfied all statutory requirements and has completed
with the selection process and standards established by the within
ordinances and the rules and regulations adopted by the appropriate
authority to govern the Police Department.
C.
Rules and regulations. The Township Committee shall establish by
resolution and may amend and repeal by resolution such rules and regulations
as it may deem necessary for the government and efficient working
of the entire department. The rules and regulations, when adopted,
shall be posted at Police Headquarters within five days after the
adoption thereof and a copy of the rules shall be delivered to each
and every member of the department within five days after their adoption.
D.
Qualifications for appointment.
[Amended 11-29-2016 by Ord. No. 19-2016]
(1)
Every applicant for appointment to the Police Department as a police
officer shall comply with all the laws of the State of New Jersey
respecting qualifications. Appointment as a police officer shall be
considered probationary for a period of one year beginning from the
first day of actual work as a police officer with the Township.
(2)
If an appointee is required to attend a qualified police academy
approved and authorized by the Police Training Commission in order
to receive certification, the one-year probationary period shall begin
after successful completion of the academy.
(4)
The Township Committee, at least 10 days before the conclusion of
the probationary period provided for in this section, shall obtain
from the Police Chief, or, in the absence of a Chief, the highest
ranking officer in charge of the Department, a final performance and
service review of the candidate. The Committee shall, upon review
of the evaluation report and a conference with the Police Chief or
highest ranking officer, either appoint the officer to the permanent
rank, or declare the position vacant by not appointing the officer
to a permanent position.
(5)
Evaluations of performance of probationary officers shall be conducted
in accordance with the rules and regulations/policies and procedures
of the Police Department.
(6)
No person shall be appointed to the Police Department as a regular
or probationary member unless he/she shall, at the time of making
application, be between the age of 21 and 35 years, except as provided
by law in the case of veterans.
E.
Residence requirements. Every member of the Police Department shall
be a resident of the State of New Jersey while serving in such position.
[Amended by Ord. No. 10-1974]
F.
Oath of allegiance. Each member of the Police Department shall, before
entering upon the performance of his/her duties, take and subscribe
an oath to bear true faith and allegiance to the government established
in this state, to support the Constitution of the United States of
America and the State of New Jersey and to faithfully, impartially
and justly discharge and perform all the duties of his/her office,
which oath or affirmation shall be filed with the Township Clerk.
G.
Duties. The members of the department shall:
(1)
Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against penal laws and ordinances effective
within the Township, suppress riots, mobs and insurrections, disperse
unlawful or dangerous assemblages, and preserve order at all elections
and public meetings and assemblages.
(2)
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons, to protect the safety
and facilitate the convenience of motorists and pedestrians, and to
make and enforce temporary or emergency rules and regulations not
inconsistent with ordinances and resolutions of the Township for such
purposes.
(3)
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Township, inspect and observe
all places of public amusement or assemblage and all places of business
requiring any state or municipal license or permit and report thereon
to the appropriate department.
(4)
Provide proper police attendance and protection at fires.
(5)
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state and county governments.
(6)
Operate a training program to maintain and improve the efficiency
of the members of the department.
H.
Special policemen.
[Amended 11-29-2016 by Ord. No. 19-2016]
(1)
The Township Committee may appoint special law enforcement officers
in such numbers and classifications as set forth in this section,
except that Class 2 special law enforcement officers shall not exceed
25% of the total number of regular officers employed by the Township,
or a minimum of two, whichever is greater. Special law enforcement
officers shall be appointed by the Township Committee for terms not
exceeding one year, but may be reappointed as needed and as permitted
by law. Special law enforcement officers may be removed during their
appointment period, for cause and after an adequate hearing, unless
their appointment was for four months or less, in which case the appointment
may be revoked without cause and without a hearing. The special law
enforcement officers shall carry out their duties and responsibilities
under the direct supervision of the Chief of Police, or, in the absence
of a Chief, the highest ranking officer in charge of the Department,
and their powers, rights and duties shall be specifically defined
by the Chief of Police or the highest ranking officer in charge of
the Department. The powers, rights and duties, however, shall immediately
cease at the expiration of the term for which they were appointed,
or upon revocation of their appointment.
(2)
In accordance with the Special Law Enforcement Officers Act, N.J.S.A.
40A:14-146.8 et seq., there shall be two classifications of special
law enforcement officers based upon the duties to be performed by
the officers, as follows:
(a)
Class 1. Officers of this class shall be authorized to perform
routine traffic details, spectator control and similar duties. Class
1 officers are hereby authorized to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of N.J.S.A. Title 39. The use of a firearm
by an officer of this class shall be strictly prohibited, and no Class
1 officer shall be assigned any duties which may require carrying
or use of a firearm.
(b)
Class 2. Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. The use of a firearm by Class
2 officers may be permitted under the conditions set forth in N.J.S.A.
40A:14-146.8 et seq.
(3)
No person shall be appointed as a special law enforcement officers
unless he/she is a citizen of the United States; is able to read,
write and speak the English language; is physically qualified and
of good moral character; and has not been convicted of any crime.
Every special law enforcement officer shall be fingerprinted, and
his/her fingerprints shall be filed with the Division of the State
Police and the Federal Bureau of Investigation. Reports shall be made
by the Chief of Police or, in the absence of a Chief, the highest
ranking officer in charge of the Department, to the Township Committee
concerning the eligibility and qualifications of any person proposed
to be appointed a special law enforcement officer.
I.
Hours of employment.[1] It is recognized that police service is a profession and
the annual salary is intended to cover an officer's full and dedicated
service to the community, which may include some extra hours worked
as part of a regular duty tour. The following exceptions to this rule
are recognized:
[Amended by Ord. No. 11-9-1970; Ord. No. 12-1972; Ord. No. 10-1974; Ord. No. 8-1980]
(1)
When a member of the department below the rank of Chief of Police
is called in for service while he/she is off duty, either by reason
of emergency, sickness of another officer or attendance at court,
he/she shall be entitled to overtime pay, with a minimum of four hours
for any such overtime.
[1]
Note: The hours of employment and compensation for holidays
shall be as established in the current Agreement.
J.
Discipline of Police Department members.
[Amended 8-19-2014 by Ord. No. 9-2014]
(1)
Disciplinary action. Department members, regardless of rank, shall
be subject to disciplinary action, according to the nature or aggravation
of the offense, for violating their oath and trust by committing an
offense punishable under the laws or statutes of the United States,
the State of New Jersey, or municipal ordinances; or failure, either
willfully or through negligence or incompetence, to perform the duties
of their rank or assignment; or for violation of any general order
or rule or regulation of the Department; or for failure to obey any
lawful instruction, order, or command of a superior officer; or, in
the case of the Chief of Police, failure to obey any lawful instruction,
order or direction from the Township Committee. Disciplinary action
in all cases will be decided on the merits of each case, and the individual's
record of service.
(2)
Penalties. The following penalties may be assessed against any member
of the Department as disciplinary action:
(a)
Oral reprimand.
(b)
Written reprimand.
(c)
Suspension (voluntary surrender of vacation time, holiday time
or accumulated overtime may be substituted only with the approval
of the Police Chief).
(d)
Reduction in rank.
(e)
Fine.
(f)
Dismissal.
(g)
Any other action deemed appropriate under the circumstances
of the case.
(3)
Authority to discipline.
(a)
In any internal investigation that results in disciplinary charges
and a request for a hearing, the appropriate authority, or its designee,
shall sit as hearing officer for the Township on any complaint against
a permanent police officer charging violation of N.J.S.A. 40A:14-147
or violation of the internal rules and regulations of the Police Department,
which complaint seeks to suspend for more than five days, demote or
terminate a police officer.
(b)
In the event the appropriate authority does not act as hearing
officer, the individual so designated to hear the disciplinary matter
shall, at the conclusion of the hearing, forward his/her findings
and recommendations to the appropriate authority, which shall make
the final determination. The appropriate authority's decision shall
be reviewable as provided by law, as amended from time to time, or,
for minor discipline, through a collective negotiations agreement
procedure. In the event an individual not employed by the Township
is considered by the appropriate authority to act as the hearing officer,
the alternate hearing officer shall be appointed by the Township Administrator,
with consent from the Township Committee via resolution.
(c)
The Chief of Police shall have the authority to counsel officers,
issue reprimands and suspend or fine officers for up to five days
without the matter coming before the appropriate authority, except
that any proposed suspension of police officers must comply with N.J.S.A.
40A:14-147 and provide the officer with an opportunity for a hearing
before the Chief or his designee prior to imposition of the penalty.
Officers who are suspended for five days or less may appeal the discipline
in accordance with the grievance procedure in the PBA collective negotiations
agreement.
(4)
Emergency suspension. Any command or supervisory officer shall have
the authority to impose emergency suspension, with pay, until the
next business day against a member or employee when it appears that
such action is in the best interests of the Department.
(5)
Follow up to emergency suspension. A member or employee receiving
an emergency suspension shall be required to report to the Chief of
Police on the next business day at 9:00 a.m. unless otherwise directed
by competent authority. The command or supervisory officer imposing
the suspension shall also report to the Chief of Police at the same
time. The Chief of Police shall continue the suspension if he feels
that such action is warranted or shall lift the suspension if he feels
that a suspension is unwarranted.
(6)
Disciplinary investigation reports. Whenever conduct of a police officer is investigated pursuant to the direction of the Chief of Police, a written report must be submitted per Subsection J(7) herein, containing the following information:
(a)
The name, rank, badge number, and present assignment of the
person being investigated.
(b)
The date and time of the alleged misconduct and location.
(c)
The section number of the violated rule and common name of the
infraction.
(d)
A complete statement of the facts of the alleged misconduct.
(e)
The discipline recommended.
(f)
The signature, badge number and rank for the investigating officer
and his/her position in relation to the member being investigated.
(7)
Distribution of reports of disciplinary action. The investigating
officer shall forward the investigative disciplinary report to the
internal affairs officer for review. The internal affairs officer
may approve the report, or disapprove the report and require further
investigation. Once the report is approved by the internal affairs
officer, the report shall be forwarded to the Chief of Police for
his review and approval. The Chief may approve the report, or disapprove
the report and order further investigation. Once the Chief approves
the report, the Chief shall then determine what disciplinary action,
if any, is taken.
(8)
Endorsement and forwarding of disciplinary charges. The member being disciplined shall be informed of the charges, in writing, as provided by N.J.S.A. 40A:14-147. The Chief of Police shall file a copy of the charges with the Township Clerk, which shall not be considered a public record, shall serve a copy of the charges on the member being charged, and shall provide a copy of the charges to the Township Committee. An officer/member shall have a right to a hearing on charges which seek to suspend, demote or terminate officer/member as set forth in Subsection J(3) herein.
(9)
Waiving of hearing. The member being disciplined may acknowledge
that the charges are correct, and by writing signed by the officer
and the Chief of Police, waive a right to the hearing, plead guilty
to the charges and accept the penalty recommended by the Chief of
Police. The guilty plea and acceptance of the penalty shall be placed
in the internal affairs file and the member's personnel file.
(10)
Misconduct observed by police personnel. Whenever any command
or supervisory officer observes or is informed of the misconduct of
another member or employee which indicates the need for disciplinary
action, he shall take authorized and necessary action and render a
complete written report of the incident and his action to his supervisory
officer.
K.
Promotions. All promotions to superior positions in the Police Department
shall be made from the membership of the department as constituted
at the time of promotion, with due regard to the length of service
of the person proposed to be promoted and his/her merit in the department,
preference being given to him/her who has served the longest period
of time in the department. No person shall be eligible for promotion
to a superior position unless he/she has first served in the grade
of Patrolman in the department.
L.
Police Clerk. The Police Clerk shall have the power and responsibility
to: act as custodian of the official records, books, files and documents
of the Police Department; prepare and maintain such reports and records
as may be required by department regulations or the Chief of Police;
receive communications directed to the Police Department; dispatch
members of the department to respond to emergencies; process official
correspondence of the Chief of Police; and perform such other duties
as may be assigned to the Clerk by the Chief of Police. The Police
Clerk shall be a member of the Police Department. The Police Clerk
may also serve as the Police Matron.
[Amended by Ord. No. 8-1977]
M.
Police Chaplain. A Police Chaplain shall be appointed by the Township
Committee for the calendar year. The Police Chaplain shall be an ordained
clergyman in good standing in the religious body from which he/she
is selected. The Police Chaplain shall be a member of the Police Department
but shall serve without rank or compensation. The duties of the Police
Chaplain shall be to act as a special assistant to the Chief of Police
and as an advisor to all members of the Police Department.
[Added by Ord. No. 13-1986]
[Added 5-12-2014 by Ord.
No. 6-2014]
See Chapter 127, Construction Codes, Uniform.
