[G.O. No. 751, § 1; G.O. No. 865, § 1:
G.O. No. 1213, § 1; G.O. No. 1571, § I]
There is hereby created the Westfield Recreation Commission
to consist of the Mayor, ex officio, and nine members, all of whom
shall be residents of the Town of Westfield. In addition to the foregoing,
there shall be two alternate members who shall be permitted to vote
only in the absence of a regular member. In addition to the foregoing,
the Mayor shall appoint each year one member of the Town Council to
act, ex officio, as the liaison between the Recreation Commission
and the Town Council.
[G.O. No. 751, §§ 4, 5; G.O. No. 865, § 2;
G.O. No. 1086, § 1; G.O. No. 1213, § II; G.O.
No. 1571, § II]
The regular members of the Recreation Commission shall be appointed
by the Mayor, with the approval of the Town Council, for a term of
three years each. The alternate members of the Recreation Commission
shall be appointed by the Mayor, with the approval of the Town Council,
for a term of three years each; provided that for the initial terms
of the alternate members, their terms shall be staggered by the appointment
of one of the alternates for an initial term that is one year less
than the regular term. The initial appointment of the regular members
shall also be staggered with three such regular members appointed
for a term of three years, three such regular members appointed for
a term of two years and three such regular members appointed for a
term of one year and thereafter each appointment shall be made for
a three year term excepting that the appointment of the member of
the Town Council shall not exceed the term of office to which he has
been elected to the Town Council.
In the event of a vacancy caused by the death, inability, or
resignation of any member or alternate member, the Mayor with the
approval of the Town Council shall appoint another person to fill
the unexpired term of such vacancy.
Alternate members shall be designated at the time of appointment
as alternate number one and alternate number two. No regular or alternate
member shall be permitted to act on any matter in which the regular
or alternate member has either directly or indirectly any personal
or financial interest. A regular or alternate member may after public
hearing, if he requests one, be removed by the governing body for
cause.
[G.O. No. 1309, § 1]
Upon approval by the Division of Local Government Services,
Department of Community Affairs, State of New Jersey the Town Council
of the Town of Westfield may establish and maintain a trust fund for
recreation purposes pursuant to the provisions of N.J.S.A. 40A:4-39.
In the event such find is established and maintained, the Recreation
Commission may operate facilities or offer programs for which fees
or charges are collected from the users of the facilities or participants
in the programs and may pay the cost and expenses of operating such
facilities or conducting such programs from the fees and charges collected,
subject to the following conditions:
(a)
The fees or charges imposed for participation in such programs or
the operation of such facilities shall be sufficient to cover the
cost thereof.
(b)
All money collected for such fees and charges shall be deposited
in this trust fund and all costs and expenses for the programs for
which the fees are collected or facilities used for such programs
shall be paid from this trust fund and the Town Council shall approve
the payment of such costs and expenses by resolution in same manner
as with other bills and claims, provided such costs and expenses shall
be separately stated as being from such trust fund.
(c)
All programs for which trust funds are to be used as well as all
fees and charges shall be established by formal resolution of the
Recreation Commission prior to instituting such program or operating
such facility and shall be approved by the Town Council of the Town
of Westfield by resolution as provided hereafter.
(d)
Prior to offering such program or commencing the operation of such
facility the budget for such program or operation shall be approved
by a resolution of the Town Council. Such budget shall include proposed
charges or fees, total anticipated income, itemized anticipated expenses
and total anticipated expenses.
(e)
The Recreation Commission shall render an annual report on all programs
and facilities conducted or operated using this trust fund, which
shall be submitted to the Town Council by October 1st each year, and
which shall contain all activities since the last report. This report
shall include for each program and facility: participation, income,
expenses, and demand for program participation for which no space
was available as well as the same information in summary form for
all such activities conducted that year.
[G.O. No. 751, § 6]
The Mayor, with the approval of the Town Council, shall each
year name one member of the Recreation Commission as chairman to serve
for one year.
[G.O. No. 751, § 7]
The powers and duties of the chairman of the Recreation Commission
shall be as follows:
(a)
To preside over all meetings of the commission.
(b)
To appoint a vice-chairman and recording secretary and an acting
chairman in the event of the nonavailability of the chairman or vice-chairman.
(c)
To appoint such committees as may be authorized by the commission
to carry out the objects and purposes of the commission.
(d)
To authorize the discharge or release for cause of any employee upon
request and certification of the executive director.
(e)
Certify together with the executive director, to the Town Treasurer,
all expenditures of the commission.
[G.O. No. 751, § 8]
The Recreation Commission shall appoint a staff to consist of
an executive director and such other personnel as may from time to
time be deemed proper and necessary by the commission for the furtherance
of its objects and purposes.
[G.O. No. 751, § 9; G.O. No. 1407, § I]
The executive director of the Recreation Commission shall have
the following powers, authority and duties:
(a)
Plan, organize, direct and evaluate the program of activities authorized
and directed by the commission.
(b)
Supervise the operation and use of the parks and recreational facilities
which are under the control of the Recreation Commission.
(c)
Employ with the approval of the commission, organize, train and supervise
all department personnel and assign their respective duties to them.
(d)
Keep careful and complete records of department activities and services
and of the personnel of the commission and a complete inventory and
record of all property of the commission.
(e)
Attend all meetings of the commission, except in those cases where
the commission holds a closed session, and advises the executive director
not to be present.
(f)
Prepare and present an annual report to the commission at the close
of each year.
(g)
Certify, together with the chairman of the commission, to the Town
Treasurer all expenditures of the commission.
[G.O. No. 751, § 2; G.O. No. 1019, § 1;
G.O. No. 1065, § 1]
The Recreation Commission shall at all times be subject to the
general authority of the Mayor and Town Council, but shall have the
following powers, duties and authority:
(a)
Determine the recreation needs of the Town.
(b)
Establish policies and standards therefor.
(c)
Provide facilities and a program to comply with the recreation needs
of the Town.
(d)
Appoint the executive director and recommend his salary to the Mayor
and Town Council for approval.
(e)
Appoint such other personnel as from time to time the commission
may deem proper and necessary and fix their salaries within the commission's
budget.
(f)
Promulgate, adopt and approve such rules and regulations as the commission
shall deem fitting and proper to carry out its purposes and objects.
(g)
Prepare and submit an annual report to the Mayor and Town Council.
(h)
_____
(1)
Adopt suitable rules, regulations and bylaws and issue permits for
the use of the public recreational facilities located within the Town
and for the conduct of all persons while on or using the same.
(2)
Such rules, regulations and bylaws shall be adopted by resolution
of the Recreation Commission and shall become effective only after
such rules have been conspicuously posted at the facility affected
thereby, advising users of the aforesaid recreation facilities of
their adoption.
[G.O. No. 751, § 3]
(a)
Each year, the Recreation Commission shall develop a budget for the
ensuing calendar year and present the same to the Town Council on
or before the first day of November, which budget shall give the details
of the money considered necessary to carry out the recreational program
and show the amount allocated for the various required services.
(b)
The Town Council shall have the right to approve such budget in whole
or in part or to fix such amount which in its opinion is adequate
and proper for the purpose of the commission and appropriate such
sum for such purpose.
(c)
The commission shall conduct its affairs, policies and program each
year within the amount appropriated by the Town Council for such purpose
and at no time shall expend more than the sum so appropriated.
[G.O. No. 751, § 3; G.O. No. 1571, § III]
Regular meetings of the Recreation Commission shall be held
at the call of the chairman or in his absence or disability at the
call of the vice-chairman provided that a meeting shall be called
upon the written request of five regular members of the commission.
At least two days' notice of any such meeting shall be given to all
regular and alternate members unless such notice is waived in writing.
At all meetings a quorum shall consist of a majority of the regular
members of the commission exclusive of the Mayor except that in the
absence of a regular member an alternate member may take the place
of a regular member in establishing said quorum.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of the Recreation Commission. A vote shall not be delayed in
order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, alternate number one shall vote.
