[The form of government under which the Township operates
is the Commission Form of Government Law, comprising Chapters 70 to
76 of Title 40 of the New Jersey Statutes Annotated. The administrative
code has been drafted in conformity with this law and many of its
provisions are based on clauses found in Chapters 72 and 73 of Title
40. Other enabling laws pertaining to the Administrative Chapter in
N.J.S.A. 40:47-1 et seq., Police and Fire Departments; N.J.S.A. 2A:8-1
et seq. and N.J.S.A. 40:49-5, Municipal Court.]
[New]
This chapter shall be known and may be cited as the "Administrative
Code of the Township of Lyndhurst" and is sometimes referred to in
this chapter as the "code."
[New]
The Board of Commissioners of the Township of Lyndhurst shall
consist of five Commissioners who shall be elected at large by the
voters of the Township at a regular municipal election and who shall
serve for a term of four years beginning on the first Tuesday following
their election.
[New]
All of the executive, administrative, judicial and legislative
powers of the town shall be vested in the Board of Commissioners,
including the powers of a local board of health.
[New; Ord. #2697, § 1]
a.
Regular meetings. The Board of Commissioners shall organize on the
first Tuesday following the regular quadrennial municipal election.
At that meeting, or as soon thereafter as practical, the Board of
Commissioners shall create all subordinate boards and appoint any
officers that it deems necessary for the proper and official conduct
of the affairs of the Township. After the organization meeting, the
Board of Commissioners shall meet regularly at least once a month
on dates to be determined by resolution of the board. When the time
for any regular meeting of the board falls on a legal holiday as prescribed
by law, the meeting shall be held on another day which is not a legal
holiday, to be scheduled as near as practical to the regular meeting
day.
b.
Special meetings. Special meetings of the Board of Commissioners
may be held on call of the Mayor or any two Commissioners and as required
by state statutes.
[Ord. #2448 § I]
a.
General provisions. Members of the Board of Commissioners shall observe
order and decorum during Board of Commissioners meetings. A member
of the Board of Commissioners shall neither, by conversation or otherwise,
delay or interrupt the progress of the Board of Commissioners nor
disturb any member while speaking nor refuse to obey the orders of
the Mayor. Members of the Board of Commissioners not attending the
Commissioners meeting should notify the Township Clerk prior to the
meeting. In the event that a Commissioner is absent from the meeting,
the report of that Commissioner shall be presented to the public by
another Commissioner as follows:
|
Absent Commissioner
|
Covering Commissioner
|
|---|---|
|
Public Works
|
Parks Department
|
|
Revenue and Finance
|
Public Affairs
|
|
Public Affairs
|
Public Safety
|
|
Public Safety
|
Revenue and Finance
|
|
Parks
|
Public Works
|
b.
Township staff. Members of the Township staff shall observe the same
rules of order and decorum applicable to the Board of Commissioners
in paragraph a above.
c.
Defamatory and threatening language prohibited. Any person(s) making
personal, defamatory or profane remarks or who willfully utters loud,
threatening or abusive language or engages in any disorderly conduct
which disturbs or disrupts the orderly progress of any meeting shall
be called to order by the Mayor. If such conduct continues, the Mayor
at his discretion, may order such person removed from that meeting
by the sergeant at arms.
d.
Length of presentation. Persons addressing the Board of Commissioners
shall be allowed five minutes for their presentations.
e.
Repeated disturbance; removal from meeting. All persons shall, at
the request of the Mayor, be silent. If, after receiving a warning
from the Mayor, a person persists in the disruption of the meeting,
the Mayor may order that person to leave the meeting. If he or she
does not remove himself or herself, the Mayor may order the sergeant
at arms to remove him or her.
f.
Sergeant at Arms. A member of the Department of Police as the Mayor
may designate, shall be sergeant at arms at the Board of Commissioners
meetings. The sergeant at arms shall carry out all orders given by
the Mayor for the purpose of maintaining order and decorum at the
Board of Commissioners meeting. On instruction of the Mayor, the sergeant
at arms shall remove from the meeting any person who disturbs the
proceedings of the meeting.
g.
Resisting removal. Any person who resists removal by the sergeant
at arms shall be charged with violating N.J.S.A. 2C:33-8, Disrupting
meetings and processions.
h.
Video recording of Township Board of Commissioners meetings by the
Township and members of the general public.
[Added 9-13-2017 by Ord.
No. 2970-17]
1.
Definitions. As used in this chapter, terms shall have the meanings
as indicated and defined within the Open Public Meetings Act, N.J.S.A.
10:4-6 et seq.
2.
Video recording of Township Board of Commissioners by Township. To
further the transparency of the governance of the Township, the Board
of Commissioners shall cause a professional videographer to be retained
by the Township for the purpose of recording the public meetings of
the Board of Commissioners of the Township. The Township shall then
cause the recordings of the public meetings of the Board of Commissioners
of the Township to be available for viewing by the public on the Township's
official website.
3.
Video recording of Township Board of Commissioners meetings by members
of the general public.
(a)
Members of the general public have the right to video record
portions or all of an open public meeting of the governing body, excluding
closed or executive session discussions. To minimize the possibility
of disrupting the public meeting of the governing body, any member
of the public (a "citizen") who wishes to video record portions or
all of the public meeting must do so in accordance with the following
guidelines:
(1)
The citizen must provide the Clerk of the municipality with
no less than one hour's notice prior to the public meeting of his
request to exercise his right to video record.
(2)
The citizen must have completed setup of his video recorder
and any related equipment by no less than 10 minutes prior to the
official start time of the public meeting. As to the location of the
video recorder and equipment, the same may only be set up by the citizen
in the rear of the meeting room, as such location will be specifically
identified to the citizen by the Clerk. Any citizen may record the
meeting from any location in the meeting room utilizing a hand-held
cellular phone, "smartphone" or other similar device so long as same
does not produce any beeping sounds or other noises and does not block
or obstruct the view of other members of the public of the governing
body proceedings.
(3)
The video recorder and any associated equipment utilized by
the citizen must be compact, quiet, and generally unobtrusive. No
added lighting may be used by any citizen. The video recorder and
all associated equipment may not take up more than 20 square feet
of space. No citizen is permitted to use any video recorder or associated
equipment that makes any beeping sounds or other noises. Should beeping
sounds or any other noise emanate from the video recorder or associated
equipment at any time during the public meeting, the citizen shall
be required to cease video recording immediately.
(4)
If the video recorder or associated equipment requires connection
to electricity, the connection to electricity may be made only by
a standard plug which can easily and properly connect to the nearest
electricity socket. If at any time the video recorder or associated
equipment "blows a fuse" or causes a loss of power in the meeting
room, the citizen must immediately cease video recording and shall
not be allowed to continue video recording with any recorder or equipment
that requires connection to electricity.
(5)
The citizen may not disrupt the public meeting with his recording
equipment. The citizen may not set up or use the video recorder or
equipment in such a way as to block or obstruct the view of other
members of the public of the governing body proceedings. The video
recording by the citizen may only be done in a manner that does not
violate the disorderly conduct ordinance and must be generally orderly
and unobtrusive. The citizen may not continually exit and re-enter
the meeting room, or continuously move around within the meeting room,
during the public meeting. The citizen must remain with the video
recorder and equipment at all times, except for any period of time
during which the citizen is making a comment in his turn during any
public comment portion of the public meeting. The citizen video recording
the public meeting shall not move about the meeting room while the
public meeting is being held. The citizen may not "narrate" the proceeding
or speak into any video recorder or microphone. The citizen may not
engage in any verbal conversation, discourse or comment whatsoever,
unless the citizen is making a formal comment in his turn during any
public comment portion of the public meeting.
(6)
If the citizen chooses to cease video recording at any time
during the public meeting, he may do so, provided that the citizen
may not commence removal or begin to disassemble any video recorder
or associated equipment until the public meeting has concluded.
(7)
Meetings or portions of meetings which are permitted by law
to be closed to the public shall not be video recorded or audio recorded.
(8)
No recordings, whether audio or video, may be used in any court
proceeding, nor may same be used to contest the accuracy of the official
record of the Township Board of Commissioners. The recording(s) may
not be represented as an official transcript in any manner and/or
for any purpose.
(b)
These guidelines are intended to ensure that the right of the
public to video record official public meetings of the governing body
does not interfere with the business of the governing body or other
citizens' right of access to the proceedings.
[New]
At the first meeting after their election, the Commissioners
shall choose one of their number to preside at all meetings of the
board, and he shall be designated Mayor.
[New]
The Mayor shall be president of the Board of Commissioners and
shall preside at all meetings. He shall supervise all departments
and report to the board, for its action, all matters requiring the
attention of the board or of any department.
[New]
The administrative functions, powers and duties of the Board
of Commissioners shall be allocated among the following departments:
[New; Ord. No. 2709, § 1]
At the first regular meeting after the election of its members,
the Board of Commissioners shall designate by majority vote one Commissioner
to be director of each department.
[New; Ord. #2709, § 1]
The Board of Commissioners shall determine the powers and duties
to be performed by each department and shall assign each department
the powers and duties which it deems appropriate. The board shall
prescribe the powers and duties of all officers and employees and
may assign particular officers and employees to one or more departments
and may require any officer or employee to perform duties in two or
more departments if the work required in each department is similar
in character. The Board of Commissioners may make such rules and regulations
as are necessary and proper for the efficient and economical conduct
of the business of the Township.
The board may, by resolution, as it deems necessary or appropriate,
assign, designate, allocate or reallocate any administrative office,
division, commission or agency from the department within which it
had been assigned, designated or allocated to a different department,
notwithstanding any provision of this code.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord.
#2764, § 1; Ord. #2783]
a.
Creation and Purpose. There is hereby created the office of coordinator
of general services (hereinafter "the coordinator") in the department
in which the Mayor serves as director in order to centralize, coordinate,
and deliver services in a more efficient and effective manner to the
residents, property owners, and businesses of the Township.
b.
Appointment; Term; Evaluation; Removal.
1.
Appointment. The coordinator shall be appointed by the Mayor on the
basis of executive and administrative abilities, with special regard
to education, training, and experience related to the functions assigned
to that office. The coordinator shall be a graduate of an accredited
college or university, with a minimum of five years of professional
experience in private industry.
2.
Term. The coordinator shall serve at the pleasure of the Mayor.
3.
Evaluation. On or before January 1st of each year, the Mayor shall
conduct an evaluation of the coordinator's performance during the
previous twelve-month period. Included among the criteria for such
evaluation shall be whether or not the coordinator has substantially
accomplished his or her established goals and objectives. However,
this shall not be considered to be the only reason for such evaluation.
At the time of such evaluation, the Mayor shall establish goals and
objectives to be accomplished by the coordinator during the next twelve-month
period.
4.
Removal. The coordinator's employment shall be at the will of the
Mayor, and his or her removal by the Mayor may be with or without
cause. Nothing in this subsection shall be intended to constitute
a contract of employment.
c.
Powers and Duties. The coordinator, pursuant to the direction and
supervision of the Mayor, shall serve in conjunction with all Township
departments to assist with and coordinate the efficient and effective
delivery of general services to the Township's residents, property
owners, and businesses. Subject to the supervision of the Mayor, the
coordinator shall be responsible for undertaking or delegating the
following services to the extent not prohibited by law:
1.
Purchasing:
(a)
Establishing a central purchasing system, and monitoring all
Township purchasing activities to assure that purchases are made in
accordance with statutory requirements; a current record of all budgeting
accounts is maintained; and funds for purchases are available in accordance
with the budget.
(b)
Providing a report of purchasing activities and new legal requirements
with regard to purchasing when directed by the Mayor.
(c)
Recommending to the Mayor rules and regulations governing the
requisition and purchase of all municipal supplies and equipment as
deemed necessary.
(d)
Making, negotiating, or awarding any purchases, contracts, or
agreements for the purchase of such municipal supplies and equipment
which are not subject to public advertising for bids pursuant to the
Local Public Contacts Law, N.J.S.A. 40A:11-1 et seq.
(e)
Supervising the performance and services of a purchasing associate
and any and all staff relating to purchasing activities.
2.
Execution and Enforcement of Laws. The coordinator shall enforce
the Laws of the State of New Jersey and ordinances and resolutions
of the Township as the Board of Commissioners or the Mayor may prescribe.
3.
Meetings. The coordinator shall attend all meetings of the Board
of Commissioners and other committees as directed, and shall have
the authority to participate in the discussions and to receive notice
of all regular and special meetings of the Board of Commissioners
and all advisory committees.
4.
Township Affairs. The coordinator shall inform the Board of Commissioners
as to the conduct of Township works, submitting whatever report the
Board of Commissioners or the Mayor shall request, and making such
recommendations to the Board of Commissioners or the Mayor as he or
she deems necessary and advisable for the welfare of the Township.
In accordance with the Tax Collector/Treasurer/Chief Financial Officer,
the coordinator shall ensure that the Board of Commissioners is regularly
informed about the condition of Township finances. The coordinator
shall anticipate problems that may develop and advise the Board of
Commissioners accordingly, outlining possible solutions or preventive
measures.
5.
Annual Report. The coordinator shall submit to the Mayor, as soon
as possible after the close of the calendar year, a complete report
of the administrative activities of the Township for the preceding
year.
6.
Experts. The coordinator shall recommend the employment of experts
and consultants to perform work and render advice in connection with
the operation of dedicated utilities or work projects in the Township,
subject to the approval by the Mayor.
7.
Contracts. The coordinator shall attend to the letting of contracts,
in proper form according to law, and supervise the performance and
faithful execution of these contracts, except insofar as such duties
are expressly imposed upon some other officer or official by statute
or by action of the Board of Commissioners. The coordinator shall
ensure compliance with the provisions of all franchises, leases, permits,
and privileges granted by the Township.
8.
Grants and Aid Projects. The coordinator shall study and keep the
Board of Commissioners informed as to federal, state and/or county
aid projects and any other services or possible grants for which the
Township may qualify. The coordinator shall coordinate the application
procedures and shall provide liaison for such aid, grants, or services
which the Township may acquire, subject to the direction of the Mayor.
9.
Liaison With Professional Consultants Providing Services to the Township.
The coordinator shall provide liaison with the Township Attorney,
Township Engineer, Township Auditor, and any other legal counsel or
professional staff engaged by the Township, as the Mayor may direct.
10.
Conflict of Interest. The coordinator shall inform the Mayor of any matter or transaction, or any contemplated matter or transaction, for which he or she is, or would be, responsible, but in which he or she may have a conflict of interest as described in Section 5-29 of the Code. In that event, the Mayor shall assume direct responsibility for such matter or transaction, or delegate the responsibility for such matter or transaction to another administrative officer of the Township who has, or would have, no such interest therein.
11.
Clerical Staff. The coordinator shall direct clerical staff, provide
training when necessary, and take action to ensure that clerical work
is completed timely, efficiently, and in accordance with proper procedure.
12.
Evaluations. The coordinator shall implement and coordinate the design,
manner, and form of evaluation instruments to analyze the effectiveness
of Township programs and personnel.
13.
Publications. The coordinator shall coordinate the production and
distribution of official department publications, new releases, reports,
and media presentations to the appropriate Township departments.
14.
Programs. The coordinator shall coordinate the review, establishment,
and assist the Board of Commissioners in determining the appropriate
priorities and utilization for Township government service initiatives
and programs.
15.
Liaison With Website Consultant. The coordinator shall provide liaison
with the Township's website consultant to assist with the maintenance
and effectiveness of a current and relevant website.
16.
Representation of the Board of Commissioners With the Media. At the
direction of the Mayor, any other Commissioner, or their designees,
the coordinator may serve as spokesperson for the Township with regard
to the news media and communication with the general public.
17.
Personnel. Subject to the supervision and direction of the Board
of Commissioners or the Mayor, the coordinator shall assist the personnel
administrator with the establishment and maintenance of sound personnel
practices and procedures, and maintenance of appropriate records of
all Township employees.
18.
Planning and Development. Subject to the supervision and direction
of the Board of Commissioners or the Mayor, the coordinator shall
be responsible for initiatives relating to planning and development,
and supervise a planning and development associate.
19.
Information Technology Initiatives. Subject to the supervision and
direction of the Board of Commissioners or the Mayor, the coordinator
shall be responsible for information technology initiatives, and supervise
an information technology associate.
20.
Initiatives Related to the Facilitation of the Cost Efficiency and
Timely Completion of Special Projects Within the Township. Subject
to the supervision and direction of the Board of Commissioners or
the Mayor, the coordinator shall be responsible for initiatives related
to the facilitation of cost efficiency and timely completion of special
projects within the Township, and supervise a special projects associate.
d.
Compensation. The coordinator shall receive such compensation as
shall be fixed, from time to time, by the Board of Commissioners in
a salary ordinance.
e.
Other Responsibilities. The coordinator shall perform such other
responsibilities as may be assigned by the Board of Commissioners
or the Mayor for the proper and efficient administration of municipal
services and business affairs of the Township.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord.
#2764, § 1; Ord. #2793-11]
a.
Creation. There is hereby created in the department in which the
Mayor serves as director of the office of purchasing associate for
the Township of Lyndhurst. The purchasing associate shall serve under
the supervision of the coordinator, and perform all technical functions
relating to purchasing, and supervision of clerical staff in support
of purchasing operations. Such technical functions shall include,
but not be limited to, preparation of public bidding documents, specifications
and requests for proposals; location and investigation of reputable
sources of supply of goods, equipment and services; review and analysis
of public bids and proposals, and recommendations for acceptance or
rejection of bids and proposals; communication with vendors; maintenance
of bidder lists; communication with Township departments regarding
the standardization of supplies used and the need for special equipment
and services; management of a central storeroom for purchasing files
and documents, and maintenance of purchasing-related records; and
preparation of purchase orders and contracts.
b.
Appointment to be Based on Ability. The purchasing associate shall
be appointed by the Mayor on the basis of executive and administrative
abilities, with special regard to education, training, and experience
related to the functions assigned to that office. The purchasing associate
shall have a minimum of five years of responsible technical and/or
clerical experience in assisting professional staff in the purchasing
of equipment and supplies, or maintaining purchasing records. A certification
as a qualified purchasing agent (QPA), as issued by the State of New
Jersey is desirable for the purchasing associate to obtain and be
in the possession of prior to appointment to the position.
c.
Term. The purchasing associate shall serve at the pleasure of the
Mayor.
d.
Evaluation. On or before January 1st of each year, the Mayor, in
consultation with the coordinator, shall conduct an evaluation of
the purchasing associate's performance during the previous twelve-month
period. Included among the criteria for such evaluation shall be whether
or not the purchasing associate has substantially accomplished his
or her goals and objectives. However, this should not be considered
to be the only reason for such evaluation. At the time of such evaluation,
the coordinator shall establish goals and objectives to be accomplished
by the purchasing associate during the next twelve-month period.
e.
Removal. The purchasing associate's employment shall be at the will
of the Mayor and his or her removal may be with or without cause.
Nothing in this subsection shall be intended to constitute a contract
of employment.
f.
Compensation. The purchasing associate shall receive such compensation
as shall be fixed, from time to time, by the Board of Commissioners
in a salary ordinance.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord.
#2764. § 1]
a.
Creation. There is hereby created in the department to which the
coordinator is assigned the office of planning and development associate
for the Township of Lyndhurst. The planning and development associate
shall serve under the supervision of the coordinator and assist with
the development of Township government services relating to programs,
surveys, assessment of needs, and related research, including the
coordination establishment maintenance and evaluation of programs
and fiscal data related to general government services to residents,
property owners, and business of the Township.
b.
Appointment to be Based on Ability. The planning and development
associate shall be appointed by the Mayor on the basis of executive
and administrative abilities, with special regard to education, training,
and experience related to the functions assigned to that office. The
planning and development associate shall be a graduate of an accredited
college or university, with a minimum of five years of professional
experience in the dissemination of information to the public, with
an emphasis on electronic or print media.
c.
Term. The planning and development associate shall serve at the pleasure
of the Mayor.
d.
Evaluation. On or before January 1st of each year, the coordinator
shall conduct an evaluation of the planning and development associate's
performance during the previous twelve-month period. Included among
the criteria for such evaluation shall be whether or not the planning
and development associate has substantially accomplished his or her
established goals and objectives. However, this should not be considered
the only reason for such evaluation. At the time of such evaluation,
the coordinator shall establish goals and objectives to be accomplished
by planning and development associate during the next twelve-month
period.
e.
Removal. The planning and development associate's employment shall
be at the will of the Mayor and his or her removal may be with or
without cause. Nothing in this subsection shall be intended to constitute
a contract of employment.
f.
Compensation. The planning and development associate shall receive
such compensation as shall be fixed, from time to time, by the Board
of Commissioners in a salary ordinance.
[Ord. #2548, § 1; Ord. #2737, § 1; Ord.
#2764, § 1]
a.
Creation. There is hereby created in the department to which the
coordinator is assigned the office of information and technology associate
for the Township of Lyndhurst. The information and technology associate
shall serve under the supervision of the coordinator, to assist with
the development of computer and information technology, including
the supervision, establishment, maintenance, and evaluation of electronic
and/or manual recording and computerized information systems related
to general government services provided to residents, property owners,
and businesses of the Township.
b.
Appointment to be Based on Ability. The information and technology
associate shall be appointed by the Mayor and shall be appointed on
the basis of executive and administrative abilities, with special
regard to education, training, and experience related to the functions
assigned to that office. The information and technology associate
shall be a graduate of an accredited college or university, with a
minimum of five years of experience in the computer technology field.
c.
Term. The information and technology associate shall serve at the
pleasure of the Mayor.
d.
Evaluation. On or before January 1st of each year, the coordinator
shall conduct an evaluation of the information and technology associate's
performance during the previous twelve-month period. Included among
the criteria for such evaluation shall be whether or not the information
and technology associate has substantially accomplished his or her
established goals and objectives. However, this should not be considered
the only reason for such evaluation. At the time of such evaluation,
the coordinator shall establish goals and objectives to be accomplished
by the information and technology associate during the next twelve-month
period.
e.
Removal. The information and technology associate's employment shall
be at the will of the Mayor and his or her removal may be with or
without cause. Nothing in this subsection shall be intended to constitute
a contract of employment.
f.
Compensation. The information and technology associate shall receive
such compensation as shall be fixed, from time to time, by the Board
of Commissioners in a salary ordinance.
[Ord. #2548, § 1; Ord. #2764, § 1]
a.
Creation. There is hereby created in the department to which the
coordinator is assigned the office of special projects associate for
the Township of Lyndhurst. The special projects associate shall serve
under the supervision of the coordinator, and shall assist with the
cost-efficient and timely completion of short-term special projects
within the Township, including the supervision, establishment, maintenance,
and evaluation of construction projects funded by public monies; projects
involving the acquisition of, or development of, lands within the
Township wherein the expenditure of public funds is contemplated;
and to coordinate the efforts of all Township officers and departments
for the purpose of improving the cost efficiency of the municipal
government.
b.
Appointment of Special Projects Associate. The special projects associate
shall be appointed by the Mayor and shall be appointed on the basis
of executive and administrative abilities, with special regard to
education, training, and experience related to the functions assigned
to that office. The special projects associate shall be a graduate
of an accredited college or university, with a minimum of five years
experience with private or public construction projects.
c.
Term. The term of office of the special projects associate shall
be at the pleasure of the Mayor.
d.
Evaluation. On or before July 1st of each year, the coordinator shall
conduct an evaluation of the special projects associate's performance
during the previous 12 month period. Included among the criteria for
such evaluation shall be whether or not the special projects associate
has substantially accomplished his or her established goals and objectives.
However, this should not be considered the only reason for such evaluation.
At the time of such evaluation, the coordinator shall establish goals
and objectives to be accomplished by the special projects associate
during the next twelve-month period.
e.
Removal. The special projects associate's employment shall be at
the will of the Mayor and his or her removal may be with or without
cause. Nothing in this subsection shall be intended to constitute
a contract of employment.
f.
Compensation. The special projects associate shall receive such compensation
as shall be fixed, from time to time, by the Board of Commissioners
in a salary ordinance.
[Ord. #1456; Ord. #2548, § 2]
a.
Created. There is hereby created the office of Deputy Township Clerk
for the Township. The Deputy Township Clerk shall be appointed by
the director of the department wherein the office of the Township
Clerk is assigned.
b.
Powers and Duties. The Deputy Township Clerk shall have the power
and duty to execute all documents required by any law or ordinance
to be executed by the Township Clerk and affix the seal of the Township
thereto whenever required. The Deputy Township Clerk in executing
any documents shall sign the name of the Township Clerk followed by
the word "by" and the Deputy Clerk's own name and the words "Deputy
Clerk."
The powers and duties herein described shall be exercised by
such Deputy Township Clerk only in the absence of the Township Clerk
from his office in the town hall, and only when either written direction
has been given by the Township Clerk to exercise such power or the
Board of Commissioners has determined by resolution that the Township
Clerk is temporarily or permanently incapacitated to perform such
function.
The Deputy Township Clerk shall have the power and authority
herein described and such further power and authority as may be provided
by law.
c.
Term of Office. The Deputy Township Clerk shall hold office for a
term of four years which term of office shall be coextensive with
the term of the Board of Commissioners provided, however, that the
term of the Deputy Township Clerk appointed after March 24, 1970 and
during the term of the present Board of Commissioners shall expire
at the termination of the term of the present Board of Commissioners,
and further provided that the Deputy Township Clerk shall be entitled
to all rights and privileges to tenure of office for officers and
employees of the Township.
d.
Compensation. The Deputy Township Clerk shall upon appointment and
performance of the duties of office of Deputy Township Clerk be entitled
to a salary as designated annually in the salary ordinance.
[Ord. #1667; Ord. #2548, § 2]
a.
Office Created. There is hereby created and established for the Township
the office of Tax Assessors. There shall be a Chief Assessor and a
Tax Assessor and such other personnel as may be deemed to be necessary
by the director of the department. The appointment of the Chief Assessor
and Tax Assessor shall be by the director of the department to which
the office has been assigned by the Board of Commissioners.
b.
Duties. The Chief Assessor shall be the person in charge of the office
and shall be responsible for the performance and discharge of all
functions and duties prescribed by law for municipal assessor and
shall be responsible for the administrative duties in the office of
Tax Assessors and such other duties as shall be assigned by the director
of the department.
c.
Term of Office. The Chief Assessor shall hold his office for a term
of four years from the first day of July next following his appointment.
The Tax Assessor shall hold office for the term of his appointment
and until the expiration of the term.
[Ord. #1489; Ord. #2090; Ord. #2548, § 2]
a.
Created. There is hereby created the office of Deputy Township Tax
Collector. The Deputy Township Tax Collector shall be appointed by
the Director of the Department of revenue and Finance.
b.
Powers and Duties. The Deputy Township Tax Collector shall have the
power and duty to collect and receive the monies due to the Township
for taxes, special assessments and other miscellaneous revenues received
by the Tax Collector/Treasurer/Chief Financial Officer of the Township.
The Deputy Township Tax Collector shall have the power to execute
all documents required by any law or ordinance to be executed by the
Township Tax Collector/Treasurer/Chief Financial Officer. The Deputy
Township Tax Collector in executing any documents or instruments authorized
to be executed by the Township Tax Collector/Treasurer/Chief Financial
Officer, shall sign the name of the Township Tax Collector/Treasurer/Chief
Financial Officer followed by the word "by" and the Deputy Township
Tax Collector's own name and the words "Deputy Tax Collector."
The powers and duties herein described shall be exercised by
such Deputy Township Tax Collector only in the absence of the Township
Tax Collector/Treasurer/Chief Financial Officer from his office in
the town hall, and only when either written direction has been given
by the Township Tax Collector/Treasurer/Chief Financial Officer to
exercise such power or the Board of Commissioners has determined by
resolution that the Township Tax Collector/Treasurer/Chief Financial
Officer is temporarily or permanently incapacitated or absent to perform
such function.
The Deputy Township Tax Collector shall have the power and authority
herein described and such further power and authority as may be provided
by law.
c.
Term of Office. The Deputy Township Tax Collector shall hold office
for a term as prescribed by statute and shall be entitled to all rights
and privileges to tenure of office for officers and employees of the
Township and the office of Deputy Township Tax Collector as provided
by statute and ordinance of the Township.
d.
Salary. The Deputy Township Tax Collector shall upon appointment
and performance of the duties of the office of Deputy Township Tax
Collector be entitled to a salary as set forth in the salary ordinance
adopted by the Township.
[Ord. #1577; Ord. #2548, § 2]
a.
Creation. There is hereby created the office of environmental coordinator
for the Township. The environmental coordinator shall be appointed
by the director of the department wherein the office is assigned.
b.
Powers and Duties. The environmental coordinator shall have the power
to:
1.
Formulate comprehensive policies for the conservation of the natural
resources of the Township, the promotion of environmental protection
and the prevention of pollution of the environment of the Township.
2.
Conduct and supervise programs of education, including the preparation
and distribution of information relating to conservation, environmental
protection and ecology.
3.
Coordinate the efforts of all Township officers and departments in
working to improve the environment of the Township.
4.
Such other powers of authority as may be provided by law.
c.
Term of Office. The environmental coordinator shall hold office for
a term of four years, which term of office shall be coextensive with
the term of the Board of Commissioners provided, however, that the
term of the environmental coordinator appointed after the adoption
of this section and during the term of the present Board of Commissioners
shall expire at the termination of the term of the present Board of
Commissioners, and provided, further, that the environmental coordinator
shall be entitled to all rights and privileges to tenure of office
for officers and employees of the Township.
d.
Compensation. The environmental coordinator shall, upon appointment
and performance of the duties of his office, be entitled to a salary
as established annually in the salary ordinance.
[Ord. #2548, § 3]
a.
Creation. There is hereby created the office of confidential aide
to the Director of the Department of Public Safety. The confidential
aide shall be appointed by the Director of the Department of Public
Safety, and shall serve at the pleasure of the Director of the Department
of Public Safety.
b.
Powers and Duties. The confidential aide shall serve as advisor to
the Director of the Department of Public Safety, represent the Director
of the Department of Public Safety in matters relating to that Department
at the Director's request, attend meetings relating to that Department
at the Director's request, and perform such other duties as may be
assigned by the Director of the Department of Public Safety. The confidential
aid shall not have the power to make decisions on behalf of the Director
of Public Safety without the express written consent of the Director,
and such decisions shall be limited in nature.
c.
Compensation. The confidential aide shall serve without compensation
and shall not be entitled to any of the rights and benefits of other
Township employees.
d.
Removal. The confidential aide's employment shall be at the will
of the Director of the Department of Public Safety and his or her
removal may be with or without cause. Nothing in this subsection shall
be intended to constitute a contract of employment.
[Ord. #2558, § 1]
a.
Creation. There is hereby created the office of emergency telecommunications
services coordinator (hereinafter referred to as E.T.S.C.) in the
Department of Public Safety to administer and submit all frequency
coordination forms and Federal Communications Commission applications;
coordinate all frequency licensing and assignments for Township departments
and agencies; establish, administer, maintain, and prepare Township
telecommunications equipment and frequencies, rules and regulations
for operation of radio communications equipment by Township employees
and emergencies services, communications equipment records, severe
weather watches and warnings, testing of radio alert and warning systems;
and generally to assist and consult the Township regarding its telecommunications
services and operations. The E.T.S.C. shall be appointed by the Director
of the Department of Public Safety, and shall serve at the pleasure
of the Director of the Department of Public Safety.
b.
Appointment to be Based on Ability. The E.T.S.C. shall be appointed
on the basis of ability, with special regard to education, training,
and experience related to the functions assigned to that office. The
E.T.S.C. shall have knowledge of the following: telecommunications
equipment, including installation, operation, power requirements,
frequency programming, and field trouble shooting; and amateur radio
operations, land mobile radio, and telephone and satellite systems.
The E.T.S.C. shall also have the following certifications, licenses,
memberships, and training, as follows: amateur radio license, technician
plus or above; certification as New Jersey R.A.C.E.S. operator; certification
by the National Weather Service of the New Jersey State Police training
section on all hazardous weather that has a probability of affecting
the Township, and New Jersey and National Incident Management Systems;
membership in the Association of Public Safety Officers Communications
Officers, Inc. (APCO); and attendance in WMD training, pursuant to
the guidelines of the Office of the New Jersey Attorney General.
c.
Term. The E.T.S.C. shall serve at the pleasure of the Director of
the Department of Public Safety.
d.
Compensation. The E.T.S.C. shall serve without compensation and shall
not be entitled to any of the rights or benefits of other Township
employees.
e.
Removal. The E.T.S.C.'s employment shall be at the will of the Director
of the Department of Public Safety and his or her removal may be with
or without cause. Nothing in this subsection shall be intended to
constitute a contract of employment.
[Ord. #2709, § 2]
a.
Creation. There is hereby created the office of Director of New Media
and Social Communication. The Director of New Media and Social Communication
shall be appointed by the Director of the Department of Public Affairs,
and shall serve at the pleasure of the Director of the Department
of Public Affairs.
b.
Appointment. In the event the Township has augmented its existing
workforce with competent private sector information technology (IT)
professional consultants, this office may be filled by one of the
Township's existing IT vendors. Appointment to this position shall
not affect in any way such vendor as existing or, future contract
with the Township. In the event this ordinance is in conflict with
any existing ordinance, this ordinance shall control.
c.
Powers and Duties. The Director of New Media and Social Communication
shall serve as advisor to the Director of the Department of Public
Affairs, represent the Director of the Department of Public Affairs
in matters relating to technology as a communication tool, public
image, community communication and public relations. Additionally,
the Director of New Media and Social Communication may attend meetings
relating to that Department at the Director's request, and perform
such other duties as may be assigned by the Director of the Department
of Public Affairs. The Director of New Media and Social Communication
shall not have the power to make decisions on behalf of the Director
of Public Affairs without the express written consent of the Director
and such decisions shall be limited in nature.
d.
Compensation. The Director of New Media and Social Communication
shall serve without compensation and shall not be entitled to any
of the rights and benefits of other Township employees.
e.
Removal. The Director of New Media and Social Communication's employment
shall be at the will of the Director of the Department of Public Affairs
and his or her removal may be with or without cause. Nothing in this
subsection shall be intended to constitute a contract of employment.
a.
Creation. There is hereby created the office of attendance secretary
in the Department of Public Safety. The attendance secretary shall
be appointed by the Director of the Department of Public Safety, and
shall serve at the pleasure of the Director of the Department of Public
Safety.
b.
Powers and Duties. The attendance secretary shall serve as advisor
to the Director of the Department of Public Safety, and be responsible
for the input, updating and control of all attendance records of the
Fire Department. The attendance secretary shall respond to all requests
for attendance reports from the Director of the Department of Public
Safety, the Chief Financial Officer and the municipal auditor, and
shall perform such other related duties as may be assigned by the
Director of the Department of Public Safety.
c.
Compensation. The attendance secretary shall serve without compensation
and shall not be entitled to any of the rights and benefits of other
Township employees.
d.
Removal. The attendance secretary's employment shall be at the will
of the Director of the Department of Public Safety and his or her
removal may be with or without cause. Nothing in this subsection shall
be intended to constitute a contract of employment.
[Ord. #2888, §§ 1, 2; amended 8-8-2017 by Ord. No. 2968-17]
a.
The Office of Township Attorney is created within the Department
of Public Safety. The following are the specifications of the Office
of Township Attorney:
1.
The position of Township Attorney may be considered and designated by the Board of Commissioners as a full-time employee. When so designated, the Township Attorney shall work a minimum of 32.5 hours per week, which is the number of hours in a standard workweek for Township administrative employees, pursuant to § 5-10 of the Township Code.
2.
The number of hours worked by the Township Attorney shall include
all hours during which the Township Attorney is in attendance at Board
of Commissioners meetings.
3.
In the alternative, the Township Attorney may be appointed by the
Board of Commissioners (BOC) pursuant to a professional services contract.
In either case, the term of appointment shall not exceed 12 months.
4.
The Township Attorney shall be licensed to practice law in the State
of New Jersey and shall provide evidence of thorough knowledge of
N.J.S.A. 40A:1 et seq. This is the Municipalities and Counties Title
of New Jersey law. (Knowledge of Title 40 and Title 54 is also required.)
5.
The Township Attorney shall attend all meetings of the Board of Commissioners,
except where there may be a reasonable scheduling conflict. In the
event that such a reasonable scheduling conflict exists, then a substitute
attorney shall be arranged for by the Township Attorney. Should no
adequate substitute attorney be available, the Board of Commissioners
may meet only if there are no litigation issues on the BOC agenda.
6.
The Township Attorney shall keep an hourly record of all time worked
on Lyndhurst matters.
7.
All files maintained by the Township Attorney shall be the property
of the Township; however, custody of all files may be with the Township
Attorney.
8.
The Township Attorney shall report to the Commissioner of Public
Safety as to all daily activities and duties performed.
9.
The Township Attorney shall render all legal advice and review all
legal matters pertaining to, or involving, the Township of Lyndhurst,
except where a specialized area of law may require another attorney
to render a specific service.
10.
The Township of Lyndhurst shall provide an office for the exclusive
use of the Township Attorney. The Township Attorney shall use said
office exclusively for Township-related business. Said business must
be legal, financial or personnel related. This may include coordinating
department activities; said coordination may be conducted with other
officers and officials of the Township of Lyndhurst.
11.
In the event the Township Attorney is considered a full-time employee,
he must exclusively dedicate his time while at the Lyndhurst law office
to Township business and affairs so as to be qualified to be placed
on the Township's payroll. Should the Commissioner of Public Safety
determine that the Attorney is not working exclusively on Township
business, the Attorney may be disqualified from being on the Township
payroll; in effect, the Attorney shall not be considered a full-time
employee if a pattern of not working exclusively on Township business
is apparent. Notwithstanding the foregoing, the Township Attorney
may take occasional phone calls on matters other than those involving
Lyndhurst.
12.
The Township Attorney may receive employment benefits that are provided
other employees, with the exception of all health benefits, which
may be purchased from the Township of Lyndhurst by the Attorney at
105% of the Township cost of the insurance premium. The Township Attorney
may not accrue sick or vacation time, and he/she may not be paid for
any unused leave balances, because he/she is not entitled to any leave.
However, the Township Attorney shall work 1,560 hours annually to
be considered full-time. [This represents the standard workweek (32.5
hours) less 20 days off, such as sick, vacation and other time.] The
Township Attorney, when considered a Township employee, shall only
receive additional compensation (such as overtime) if he:
13.
The Township Attorney shall be paid $175 per hour, or $156,000 annually,
if considered a full-time employee.
14.
The annual salary of the Township Attorney may be modified by resolution
of the BOC. In the event the Township Attorney is engaged under a
professional services agreement, the compensation shall be fixed in
said agreement.
15.
Within the Office of Township Attorney, there is hereby created the
position of Assistant Township Attorney. The Assistant Township Attorney
shall report to, and coordinate all activities with, the Township
Attorney.
16.
The Assistant Township Attorney shall not be considered a Township employee and may be a member of a law firm or be a solo practitioner. The Assistant Township Attorney shall be appointed by resolution, and his/her compensation shall not exceed $125 per hour worked, except to handle, defend and prosecute all tax appeals, as set forth in Subsection a17 hereof, and unless otherwise specified in a resolution of the BOC.
17.
The Assistant Township Attorney may handle all tax appeal matters
at an annual retainer not to exceed $85,000 and as more particularly
itemized on a monthly billing statement setting forth the matters
worked on. The Assistant Township Attorney shall serve at will of
the Township Attorney and may be terminated by the Township Attorney
upon 30 days' written notice.
18.
The Assistant Township Attorney shall assist the Township Attorney
on all personnel and labor matters and may be the lead attorney on
any and all such matters.
19.
The Township Attorney and Assistant Township Attorney shall maintain
legal malpractice insurance, or the equivalent, which includes the
Joint Insurance Fund (or other insurance company covering the Municipal
Attorney).
b.
It is the policy of the Lyndhurst Board of Commissioners to encourage
shared service agreements with other municipalities located in New
Jersey, the Lyndhurst Board of Education, and other government entities.
This includes finance, legal, information technology and other shared
service agreements. Should a shared service agreement be entered into
with any such entity involving the Office of Township Attorney, then
the first $40,000 shall be retained by the Township to offset the
cost of the Office of Township Attorney. Any sum received over $40,000
shall be paid to the Township Attorney as additional compensation,
up to a maximum of $20,000. After receiving $60,000 in total, the
Township and Attorney shall split the additional amount in equal shares
(50%-50%).
[Added 3-14-2023 by Ord. No. 3141-23]
a.
Creation.
There is hereby created the office of a full-time Property Maintenance
Inspector for the Township. The full- time Property Maintenance Inspector
shall be appointed by the Commissioner of the Department of Public
Safety and assigned to the Department under which the Commissioner
is the Director.
b.
Powers
and Duties.
1.
Report
to the representative of the Police Department who is assigned by
the Chief of Police to oversee Code enforcement.
2.
Enforce
all Township ordinances related to Code enforcement.
3.
Attend
court appearances when required.
4.
Have
communications with the Code enforcement attorney regarding court,
ordinances, and legal advice.
5.
Train,
supervise and evaluate the performance of all part-time Code enforcement
officers.
6.
Attend
meetings related to the Code enforcement operation.
7.
Assist
the Police Department representative and the Public Safety Commissioner
in interviewing applicants for inspector vacancies.
8.
Point
of contact for Code enforcement when dealing with other municipal
departments for assistance with enforcement issues.
9.
Any other
duties assigned by the Police Department representative overseeing
Code enforcement.
[Added 7-11-2023 by Ord.
No. 3169-23]
a.
Creation. There is hereby created the office of Supervisor, Department
of Parks and Public Property, for the Township. The Supervisor, Department
of Parks and Public Property, shall be appointed by the Commissioner
of Parks and Public Property and assigned to the Department under
which the Commissioner is the Director.
b.
Powers and Duties. The Supervisor, Department of Parks and Public
Property, shall have the responsibility to:
1.
Manage and oversee the day-to-day operations of the Department of
Parks and Public Property;
2.
Supervise and manage all Township public buildings, grounds, parks,
recreational and athletic facilities;
3.
Direct, coordinate and allocate staffing and other resources;
4.
Identify maintenance, project, operation and program needs;
5.
Evaluate all departmental operating policies and procedures on a
regular basis and recommend improvements where needed to the Commissioner;
6.
In conjunction with the Commissioner and Executive Office Administrator,
ensure training, supervision, scheduling, and evaluation of all Department
of Parks and Public Property staff and provide support and assistance
as needed;
7.
Preparation of written reports;
8.
Support and perform all other tasks and duties as may be required
by the Commissioner of the Department of Parks and Public Property;
9.
Will be required to work nights, weekends and some holidays on occasion.
c.
Qualifications. The Supervisor, Department of Parks and Public Property,
shall have a minimum of 12 years' experience with municipal government
as well as experience in coordination, park/field maintenance, planning,
scheduling, personnel supervision; record keeping, and report preparation.
d.
Salary. The salary for the position shall be a maximum of $35,000.
[Ord. #1424, § 13]
A municipal court for the Township is established pursuant to
the provisions of Chapter 264 of the Laws of 1948, as amended and
supplemented.
[Ord. #1424, § 13]
The name of the Municipal Court shall be the "Municipal Court
of the Township of Lyndhurst."
[Ord. #1424, § 13]
The Municipal Court shall have a seal which shall bear the impress
of the name of the court.
[Ord. #1424, § 13]
The Municipal Court and the Municipal Magistrate thereof shall
have, possess and exercise all the functions, powers, duties and jurisdictions
conferred by the provisions of Chapter 264 of the Laws of 1948, as
amended and supplemented, or by any other law.
[Ord. #1424, § 13]
There shall be a Judge of the Municipal Court, who shall be
appointed by the Board of Commissioners and who shall serve for a
term of three years from the date of his appointment and until his
successor is appointed and qualified; except that, the now presiding
Judge of the Municipal Court shall serve for the balance of the term
for which he was appointed. He shall have the qualifications required
by law.
The Judge shall receive an annual salary as fixed by ordinance
or resolution to be paid in the same manner as the salaries of other
municipal officers are paid, and which shall be in lieu of all fees,
costs and any other allowances whatsoever.
[Ord. #1544]
There shall be a Clerk and Deputy Clerk of the Municipal Court who shall be appointed by the Board of Commissioners. The Clerk and Deputy Clerk shall be appointed for a term of three years from the date of their appointment and until their successor is appointed and qualified, except that the Clerk and Deputy Clerk shall be entitled to tenure rights as provided by the personnel policy, practices and regulations of the Township, Chapter 5, Personnel Policy, Practices and Regulations, of this code.
The Clerk and Deputy Clerk shall receive an annual salary: to
be fixed by the salary ordinance adopted by the Board of Commissioners
annually and shall be paid in accordance with the provisions of the
salary ordinance.
The Municipal Judge shall establish a violations bureau within
the Municipal Court. The Municipal Judge shall designate either the
Clerk or Deputy Clerk as the violations clerk but the designated violations
clerk shall not receive any additional compensation.
[Ord. #1424, § 13]
The Municipal Court shall be held in the Municipal Building,
Valley Brook Avenue, Lyndhurst, New Jersey. The Municipal Judge shall
designate the days when sessions of the court will be held and the
hour at which the court will be held, in accordance with the rules
of the court.
[Ord. #1424, § 13]
The position of Municipal Court Prosecutor in the Township is
hereby created.
[Ord. #1424, § 13]
The Municipal Court Prosecutor should be an attorney at law
of New Jersey.
[Ord. #1424, § 13]
The Municipal Court Prosecutor shall be appointed for a term
of four years by the Board of Commissioners of the Township as provided
by law.
[Ord. #1424, § 13]
The duties of the Municipal Court Prosecutor shall be to appear
in the municipal court of the Township and to conduct the prosecution
of matters pending therein when so requested by the Judge or by any
authorized officer of the Board of Commissioners or any of the Township's
duly constituted bodies, boards or agencies.
[Ord. #1424, § 13]
The Municipal Court Prosecutor shall receive an annual salary
as fixed by resolution of the Board of Commissioners, to be paid in
the same manner as the salaries of other municipal officers are paid,
and which shall be in lieu of all fees, costs and any other allowances
whatsoever.
[Ord. #1678, § 1]
There shall be a Municipal Court Public Defender for the Township.
[Ord. #1678, § 2]
The Municipal Court Public Defender shall be an attorney at
law of the State of New Jersey.
[Ord. #1678, § 3]
The Municipal Court Public Defender shall be appointed for a
term of four years by the Board of Commissioners.
[Ord. #1678, § 4]
The Municipal Court Public Defender shall be responsible for
representing indigent persons in court actions before the municipal
court of the Township and shall conduct the defense of criminal actions
pending therein when requested by the Judge of the Municipal Court.
[Ord. #1678, § 5]
The Municipal Court Public Defender shall receive compensation
as fixed by ordinance of the Board of Commissioners and shall be paid
in the manner as set forth in that ordinance.
[Ord. #2232, § 1; Ord. #2341]
Pursuant to N.J.S.A. 2B:12-28, Defense of Indigents, an applicant
for the Municipal Public Defender shall pay an application fee of
$200. The Municipal Court Judge may waive the fee in whole or in part
if the Judge determines in his or her discretion that the application
fee represents an unreasonable burden on the person seeking representation.
[Ord. #1504, § 1; Ord. #1561; Ord. #1587; Ord.
#1633; Ord. #1767; Ord. #1802; Ord. #1832; Ord. #2043, § 1;
Ord. #2116; Ord. #2166, § I; Ord. #2231, § I;
Ord. #2272; Ord. #2289, § I; Ord. #2314, §§ I,
II; Ord. #2335, § I; Ord. #2372, §§ I, II;
Ord. #2386, § I; Ord. #2399, § I; Ord. #2450,
§ I; Ord. #2490, § I; Ord. #2559, § I;
Ord. #2614, § 1; Ord. No. 2934-16]
a.
The heretofore established Police Department of the Township of Lyndhurst
shall be continued without interruption; the members of which, including
the Chief of Police, are appointed by the Commissioner of the Department
of Public Safety, and the head of which shall be the Chief of Police.
b.
Uniformed officers.
[Amended 4-9-2019 by Ord. No. 3017-19]
1.
The Township of Lyndhurst police force shall consist of no more than
56 uniformed officers who shall occupy the following ranks:
c.
The number of officers in each rank may be changed from time to time
as recommended by the appropriate authority and confirmed by ordinance
by the Board of Commissioners of the Township of Lyndhurst; provided,
however, that the appropriate authority is authorized to make such
changes that are not inconsistent with the Salary Ordinance or require
any additional appropriations.
[Ord. No. 1504 § 1; Ord. No. 2937-16; Ord.
No. 2947-16; amended 9-8-2020 by Ord. No. 3050-20; 10-12-2021 by Ord. No.
3087-21]
a.
Appointments: Special Law Enforcement Officers - Class Three. Special
law enforcement officers may be appointed in the Township of Lyndhurst
in accordance with the provisions of this section and the provisions
of N.J.S.A. 40A:14-146.8, Special Law Enforcement Officers' Act, and
all amendments thereto. Appointments of special law enforcement officers
shall be made by the Public Safety Commissioner of the Township of
Lyndhurst. There may be appointed such number of said special law
enforcement officers as may be required. The Public Safety Commissioner
may also appoint Class Three special law enforcement officers in accordance
with N.J.S.A. 40A: 14-146.8 et seq. Such special law enforcement officers
shall meet the qualifications set forth in N.J.S.A. 40A:14-146.10
and be trained in accordance with the standards of the Police Training
commission. Such special law enforcement officers shall be under the
instructions of the Chief of Police, be subject to such rules and
regulations as applicable to the Police Department and shall be appointed
for a term not exceeding one year, but may be appointed, reappointed
or employed as the occasion demands. The Chief of Police may authorize
special law enforcement officers when on duty to exercise the same
powers and authority as regular members of the Police Department,
subject to the certification and training requirements of N.J.S.A.
40A:14-146.11, including the power of arrest. Such special law enforcement
officers shall not be members of the Police Department. Their powers,
rights and duties shall immediately cease and terminate at the expiration
of the term for which they were appointed.
b.
Class Three Special Law Enforcement Officer. 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 while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property. The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L. 1985, 39 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection 1 of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun. Compensation is at a rate of $35 per hour.
c.
Training Classifications.
1.
A person shall not commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the commission and a special law enforcement officer shall not be issued a firearm unless the officer has successfully completed the basic firearms course approved by the commission for permanent, regularly appointed police and annual requalification examinations as required by subsection b. of section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146-14). Training may be in a commission-approved academy or in any other training program which the commission may determine appropriate.
2.
The commission may, in its discretion, except from requirements of
this section any person who demonstrates to the commission's satisfaction
that the person has successfully completed a training course conducted
by a federal, state or other public or private agency, the requirements
of which are substantially equivalent to the requirements of this
act.
3.
The commission shall certify officers who have satisfactorily completed
a training program and issue appropriate certificates to those officers.
The certificate shall clearly state the category of certification
for which the offer has been certified by the commission.
d.
Term. Special law enforcement officers shall be appointed for terms
not to exceed one year; provided, however, that the appointment may
be revoked by the Public Safety Commissioner for cause at the hearing
unless the appointment is for four months or less, in which event
the appointment may be revoked without cause or hearing, pursuant
to N.J.S.A. 40A:14-146.14 et seq. Nothing herein shall be construed
to require reappointment upon the expiration of a term. The special
law enforcement officers so appointed shall not be members of the
police force of the Township of Lyndhurst, and their powers and duties
as determined pursuant to this section and New Jersey Statutes shall
cease at the expiration of the term for which the special law enforcement
officer was appointed.
e.
Minimum application requirements. No person shall be appointed as
a special law enforcement officer unless the person:
1.
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent.
2.
Is a citizen of the United States, and must possess a valid New Jersey
driver's license.
3.
Is of good moral character.
4.
Has not been convicted of any offense involving dishonesty or which
would make him unfit to perform the duties of his office.
5.
Has successfully undergone psychological testing, which is required
of all full-time police officers of the Township.
6.
Shall have had fingerprints taken, which shall be filed with the
Division of the State Police and Federal Bureau of Investigation.
7.
Is not serving as a regularly appointed full-time police officer
of any municipality or a public official with responsibility for selecting
law enforcement policy or exercising authority over the budget of
the Township or supervision of the Police Department of the Township.
8.
Must be at least 18 years of age (SLEO I).
f.
Applications. Every applicant for appointment as a special law enforcement
officer shall submit a written application, verified under oath, setting
forth his qualifications for the position and other data in the form
and manner as hereafter may be prescribed by the governing body.
g.
Approval by Chief of Police. Before any special law enforcement officer
is appointed pursuant to this chapter and applicable New Jersey Statutes,
the Chief of Police or, in the absence of the Chief, other chief law
enforcement officer of the Township of Lyndhurst shall ascertain the
eligibility and qualifications of the applicant and shall report these
determinations in writing to the Public Safety Commissioner of the
Township of Lyndhurst.
h.
Hours of employment. Special law enforcement officers may be employed
to serve no more than the number of hours prescribed by the applicable
provisions of the Special Law Enforcement Officers' Act, together
with any additional hours permitted by law to provide public safety
and law enforcement services to the Township of Lyndhurst and other
public entities.
i.
Uniforms. Class Three Special Law Enforcement Officers shall receive a $500 yearly clothing allowance for the purchase of uniforms. The special officer shall be responsible for the care and maintenance of the uniform and all other equipment issued, if any, and shall return the same at the termination of the appointment term; and insignia indicating the officer's status as a special law enforcement officer and type of certification issued pursuant to Subsection b hereof shall be worn with the uniform.
[Ord. #1504, § 1; Ord. #1712; Ord. #1730; Ord.
#1737]
a.
The annual salaries of the members of the Police Department are established
in the annual salary ordinance.
b.
In addition to the salaries set forth herein, there shall be paid
to all superior officers who are full time employees of the Detective
Bureau the annual sum of $375 over and above their regular. This sum
shall be paid at the regular pay periods.
c.
In addition to the salaries set forth herein, all members of the
Department shall be entitled to receive an additional compensation
of $10 per annum for each credit of police science college courses;
provided, however, that in any course, before additional credit is
claimed, a grade of "C" or better must be attained. No member of the
Department shall be entitled to receive additional compensation for
credits of police science college courses until the member has completed
three years of service as a member of the Department.
d.
In addition to the salaries and other compensation set forth herein,
there shall be paid to each regular, full-time member of the Police
Department an additional sum based upon his annual salary as follows:
1% after four years of service.
1/4 for every year of service thereafter to a maximum of 6%.
This sum shall be added to the salary heretofore set forth and
shall be paid at the regular pay period.
[Ord. #1504, § 1; Ord. #1712; Ord. #1730; Ord.
#1737]
a.
The members of the Police Department shall be entitled to a clothing
allowance for the calendar year of 1979 in the amount of $400 for
the care, maintenance and replacement of uniforms payable in the following
manner: $200 June 1, 1979 and $200 on December 1, 1979.
b.
The members of the Police Department shall be entitled to sick leave in accordance with the provisions of § 5-13 of Chapter 5, Personnel Policy, Practices and Regulations, and shall be further entitled to annual vacation based on the provisions of § 5-12 as set forth in Chapter 5. Vacation benefits shall accrue and be determined as of the anniversary date of employment of each member. No member shall be entitled to five days vacation for six months service unless hired prior to April 1, 1977.
c.
The members of the Police Department shall be entitled to 13 paid
holidays per year, which shall include the following:
New Year's Day
Lincoln's Birthday
Washington's Birthday
Good Friday
Easter Sunday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veterans Day
Thanksgiving Day
Christmas Day
In addition to the regular paid holidays hereto set forth, the
employees shall be entitled to such further paid holidays as may be
declared by the Board of Commissioners.
Payment of holidays shall be in lieu of compensatory time off
for any holiday worked. All holiday pay shall be included in the base
salary for all men for pension and retirement purposes.
Due to the nature of the employment of the members of the Police
Department, they shall adhere to the work schedule as promulgated
by the Chief of Police and shall receive in lieu of said holiday,
if required to work, compensation in the amount equivalent to one
day's salary to the regular salary paid for this employment.
[Ord. #1504, § 1]
Any member of the Township Police Department who shall become temporarily unable, by reason of injury sustained in the discharge of his duties, to perform his duties shall be entitled to the same right and privilege and subject to the same obligations as set forth in accordance with Chapter 5, Personnel Policy, Practices and Regulations.
[Ord. #1504, § 1]
a.
Hours. The hours of employment of uniformed members of the Township
Police Department shall not exceed eight consecutive hours in any
one day, nor 40 hours in any one week, provided that in case of emergency
the Board of Commissioners or the Chief of Police, or anyone acting
for the Board of Commissioners or the Chief of Police, shall have
full authority to summon and keep on duty any and all such members
during the period of emergency.
b.
Prohibition of employment. The members of the Police Department are
prohibited from performing any remunerative employment on the days
which they are designated to perform their duties as police officers
as set forth in the schedule promulgated by the Chief of Police. Any
member violating this provision shall be subject to disciplinary action
as set forth in this section.
[Ord. #1504, § 1]
The members of the Police Department shall be subject to the provisions set forth in Chapter 5, Personnel Policy, Practices and Regulations, § 5-20, paragraph b., Causes, pertaining to the Police Department and shall also include the following:
a.
Causes. The causes sufficient for disciplinary action shall include
the following:
1.
Neglect of duty.
2.
Absence without leave or failure to report after authorized leave
has expired or after such leave has been disapproved or revoked.
3.
Insubordination or serious breach of discipline.
4.
Intoxication while on duty.
5.
Conviction of a criminal act.
6.
Disobedience of the departmental rules, regulations and directives.
7.
Immorality, indecency or lewdness.
8.
Willful maltreatment of a prisoner or citizen.
9.
For conduct unbecoming an officer and gentleman.
10.
Using indecent or profane language.
11.
For refusing to do police duty of any kind whenever the necessity
requires, whether on patrol or elsewhere and whether in uniform or
not.
12.
For conduct subversive of good order and discipline of the Police
Department.
13.
Accepting a bribe, gift or favor as consideration for the performance
or nonperformance of his duty.
14.
Commenting publicly on the official action of a superior officer.
15.
Soliciting or requesting any person or persons to intercede with
the Director of Public Safety, or with the Chief of Police, in relation
to the promotion of any police officer or police officers or in relation
to the determination of the beats or hours of service of any police
officer or police officers, or in relation to the disposition of any
charge or charges pending against the Chief of Police or any police
officer or police officers or in relation to the trial, findings or
judgment in connection with such charge or charges.
[Ord. #1504, § 1]
[Ord. #1504, § 1]
It shall be the duty of the Chief of Police to prefer all disciplinary charges against members of the Police Department in accordance with the provisions of Chapter 5, Personnel Policy, Practices and Regulations, insofar as the provisions do not conflict with the rights, duties and responsibilities of the members of the Police Department as set forth by the laws of the State of New Jersey and the provisions of this section and the rules and regulations governing the Police Department as promulgated by the Board of Commissioners of the Township.
[Ord. #1504, § 1]
The duties of the members of the Police Department shall be
that they are held responsible for the proper enforcement of all the
ordinances of the Township and the laws of the State of New Jersey
and of the United States.
[Ord. #1504, § 1]
The Chief of Police shall report, in writing, to the Director
of Public Safety at the first regular meeting in each month on all
matters pertaining to the Department, giving a complete record of
all matters pertaining to the Department, giving a complete record
of all arrests and complaints, together with the dispositions of the
same, and such recommendations as in his opinion will increase the
efficiency of the Department.
[Ord. No. 2945-16; 2-9:14:
Ord. #1504, § 1; Ord. #2526; Ord. #2555, §§ 1
— 12; Ord. #2613, §§ 1 — 4; Ord. #2784,
§§ 1 — 5; Ord. No. 2939-16; Ord. No. 2945-16 ]
a.
The Director of Public Safety shall cause to be prepared and shall
submit to the Board of Commissioners a manual or set of rules for
the administration, control and discipline of the Police Department
and all the members thereof. The Board of Commissioners shall approve
a manual or set of rules for the administration, control and discipline
of the Police Department and all the members thereof. Upon approval
by the Board of Commissioners, the manual shall be in full force and
effect as though it were incorporated as part of this section and
a copy thereof shall be furnished to every member of the Department.
b.
Rules and Regulations Adopted. The revised Rules and Regulations dated July 1, 2016 shall be in full force and effect as though they were incorporated as part of subsection 2-9.14 of the Lyndhurst Revised General Ordinances, and a copy thereof shall be furnished to every member of the Police Department. (Police Rules and Regulations: Ord. No. 2954-16)[1]
[Ord. #1504, § 1]
The Chief of Police shall confer with the Municipal Administrator to arrange for the keeping of personnel files for every member of the Police Department in accordance with the provisions of Chapter 5, Personnel Policy, Practices and Regulations. The Municipal Administrator shall maintain the personnel files on the members of the Police Department in the same manner as required for all other municipal employees.
[Ord. No. 2946-16]
a.
Objective. The Township of Lyndhurst desires to promote the most
qualified candidates to the positions of higher rank. This subsection
establishes the eligibility requirements and the process for promotion
to all higher ranks. The promotional process will strive to be all-inclusive
and include consideration of the candidates' qualities as a leader
as well as their performance and accomplishments as a police officer.
The promotional process shall be on the basis of merit, experience,
education, demonstrated ability, and competitive examinations. The
qualities that this agency considers important for promotion to the
next highest rank include, but are not limited to, the following (this
list does not necessarily indicate rank order of importance):
1.
Leadership ability;
2.
Supervisory ability;
3.
Initiative;
4.
Decisionmaking capabilities;
5.
Productivity;
6.
Emotional stability;
7.
Management and objective capabilities;
8.
Report writing ability;
9.
Written and verbal communication skills;
10.
Problem solving skills;
11.
Self-confidence;
12.
Knowledge of departmental written directives;
13.
Appearance in uniform;
14.
Ability to gain respect from others;
15.
Attitude towards peers, supervising officers and the public;
16.
Motivation and morale;
17.
Attendance history;
18.
Loyalty to the department police administration and the citizens
of the community;
19.
Knowledge of current and future work assignments;
20.
Experience and seniority;
21.
Educational achievement;
22.
Career development and training;
23.
Commendations; and
24.
Special assignment.
b.
Promotion authority. The Commissioner of Public Safety is the appointing
authority for the Township of Lyndhurst and is responsible for the
promotion of employees of the Township of Lyndhurst Police Department.
The authority to promote any member in the Lyndhurst Police Department
shall remain exclusively with the Commissioner of Public Safety.
[Amended 9-8-2020 by Ord. No. 3053-20]
c.
Definition. "Promotion" denotes vertical movement in the organizational
hierarchy from one rank classification to another, accompanied by
increases in salary. In accordance with N.J.S.A. 40A:14-129, promotions
shall be made from the membership of the Lyndhurst Police Department.
d.
Eligibility.
[Amended 4-9-2019 by Ord. No. 3017-19]
1.
Detective: All employees serving three years or more years as a Lyndhurst
Police Department officer holding the position of patrol officer are
eligible for promotion to the rank of Detective.
[Amended 9-8-2020 by Ord. No. 3053-20]
2.
Sergeant: All employees with five years or more holding the position
of patrol officer and/or Detective with the Lyndhurst Police Department
are eligible for promotion to the rank of Sergeant.
[Amended 9-8-2020 by Ord. No. 3053-20]
3.
Lieutenant: All employees holding the rank of Sergeant are eligible
for promotion to the rank of Lieutenant if they have served more than
one year of experience in the rank of Sergeant.
4.
Captain: All employees holding the rank of Lieutenant are eligible
for promotion to the rank of Captain if they have served more than
one year of experience in the rank of Lieutenant.
5.
Deputy Chief: All employees holding the rank of Lieutenant are eligible
for promotion to the rank of Deputy Chief if they have served more
than one year of experience in the rank of Lieutenant. All employees
holding the rank of Captain are eligible for promotion to the rank
of Deputy Chief.
6.
Chief: All employees holding the rank of Captain are eligible for
promotion to the rank of Chief if they have served more than one year
of experience in the rank of Captain All employees holding the rank
of Deputy Chief are eligible for promotion to the rank of Chief.
e.
Announcement. Upon receiving instructions from the Commissioner of
Public Safety to do so, the Chief of Police shall announce the promotional
process to members of the Department at least 14 days prior to when
a letter of intent is to be submitted. The announcement shall be made
via electronic notifications utilized by the Police Department. The
announcement shall contain the rank to be filled and a copy of this
subsection.
f.
Letter of intent. Each eligible officer who intends to be a candidate
for promotion shall submit to the Chief a "letter of intent" stating
his or her intention to take part in the promotional process. This
letter must include, at a minimum, his or her qualifications for the
position, as well as his or her accomplishments as a police officer
and/or his/her accomplishments in his or her current position. This
should be completed in resume form and include date of hire, assignment,
experience, education (formal, informal, law enforcement in-service
training and other job related education) accomplishments, qualifications
and anything else deemed important by the applicant. Failure to submit
a letter of intent within the prescribed time period shall render
the officer ineligible to participate in the promotional process.
g.
Promotional list. After receipt of all letters of intent, the Chief
of Police will compile a promotional list and submit the list to the
Commissioner of Public Safety. The promotional list will last for
one year.
[Amended 9-8-2020 by Ord. No. 3053-20]
h.
Examinations. All eligible officers will be required to submit to
oral interview procedures as directed by the Commissioner of the Department
of Public Safety. Procedures for the promotion to the rank of detective
and sergeant will include an interview with the Chief of Police and
a panel of supervisors chosen by the aforesaid. Procedures for the
promotion to the rank of Lieutenant and above will consist of an oral
interview with the Chief of Police and the Public Safety Commissioner.
[Amended 9-8-2020 by Ord. No. 3053-20]
i.
Recommendation. The Chief of Police will submit to the Commissioner
of Public Safety his recommendation(s) for promotion(s).
j.
Probationary period. After promotion, candidate(s) who were promoted
shall be subject to a one-year probationary period during which their
performance shall be evaluated.
1.
Evaluation of recently promoted candidate(s) for advancement shall
be done by the next higher level supervisor. Recently promoted candidates
for advancement who exhibit deficient areas of performance will be
counseled and receive on-the-job training in such deficient areas.
Should the officer be unable or unwilling to perform the duties of
his/her position satisfactorily or is of such reputation, habits and
dependability as to not merit continuance in his/her promoted rank,
said officer will be demoted to his/her former rank. Demotion will
only take place upon the recommendation of the Chief of Police and
approval of the Commissioner of Public Safety. The Commissioner of
Public Safety must consult with the Township Attorney prior to rendering
his decision to demote an officer.
(a)
Any officer who is demoted will also return to his former salary.
2.
Upon the permanent appointment to advancement rank, all time served
by any member during such probationary period shall be considered
as service within said rank and shall be applied toward any required
tenure and promotion period.
k.
Appeal of process. Within 10 calendar days of the announcement of
the candidate(s) for promotion, an unsuccessful candidate(s) (who
pursued the promotion process) may file a written letter of appeal.
Said letter must contain all the reason(s) or justification(s) for
an appeal, set forth with as much specificity as possible, and must
be submitted to the Commissioner of Public Safety, through the appropriate
chain of command. Failure to submit said letter shall serve as a waiver
of an appeal. The Commissioner of Public Safety will assess the request
and make a determination of how the request will be addressed on a
case by case basis. The determination of the Commissioner of Public
Safety as to any such appeal shall be final and binding.
[1]
Editor's Note: Ord. Nos. 2526, 2555, 2613, 2784 were repealed
by Ord. Nos. 2938-16 and 2946-16.
[Ord. No. 2310; repealed by Ord. No. 2366]
[1]
Editor's Note: Former Section 2-9A, Director of Police, was
repealed.
[1]
Editor's Note: Former § 2-10, Police Reserve Officers,
Ord. No. 1448, as amended, was repealed 2-8-2022 by Ord. No. 3101-22.
[Ord. #1649; amended by Ord. #1992; Ord. #2898-14; 5-14-2019 by Ord. No. 3018-19]
There is established the Police Emergency Squad of the Township,
to consist of such of members as shall be set by resolution of the
Board of Commissioners of the Township.
The members of the corps and squad shall serve without compensation
and shall be appointed by the Director of the Department of Public
Safety of the Township and shall be at least 18 years of age. The
squad reports to the Director of the Department of Public Safety through
the Deputy Commissioner of Emergency Medical Services.
The term of office of the members of the squad shall be one
year, which term shall commence on the date of their initial appointment
and be renewed on January 1 of each subsequent year.
The Township Police Emergency Squad shall perform all the duties
appertaining to the rendering of emergency medical treatment during
their assigned tours. They shall have supervision of emergency equipment
and shall obey any and all rules and regulations as promulgated by
the Township and the Director of Public Safety.
The officers of the Police Emergency Squad shall be a Captain,
two Lieutenants, up to three Sergeants, a Secretary and a Treasurer,
all of whom shall be selected from and by the members of the squad
and shall serve without salary.
Any member having completed 20 years or more of active service
in the Department may petition the Director of Public Safety for approval
to be placed in the category of inactive member of the Department.
Active members having reached their 65th birthday and members who
become disabled as a result of injuries received while responding
to an emergency shall be permitted to become inactive members of the
Department. Inactive members shall enjoy all the privileges and benefits
of the Department, except they shall receive 50% of the expenses allowed
to active members of the Department.
The Township of Lyndhurst bills for EMS services. Current EMS
fees are established at $600 per transport and $12 per mile. Any portion
of the transport fee herein established (or the entire fee) may be
waived for any part deemed necessary and appropriate by the Township.
Any changes of fees billed can be set by resolution of the Board of
Commissioners of the Township.
[Ord. #1539, § 1; Ord. #1771, § 1]
The Police Department of the Township upon written request may,
in the discretion of the Chief, provide a police escort for any person
requesting the same, providing, however, that the person shall accompany
the written request with payment of a fee for such service according
to the following schedule:
For police escorts within the Township of Lyndhurst: $10.
[Ord. #1539, § 2]
There shall be no service fee for police escorts accompanying
funeral corteges, duly permitted parades or municipally-sponsored
events.
[Ord. #1539, § 3]
The Police Department shall have prepared the necessary forms
requesting police escorts and make the forms available to the public.
[Ord. #1539, § 4]
The Chief of Police shall designate the superior officer in
charge of each tour of duty as the person to collect the service fee
set forth in this section. The Chief of Police shall maintain an accurate
account of all service fees collected from police escorts and shall
be responsible for depositing the funds with the Tax Collector of
the Township together with the monthly report of escort service provided
during the month. A copy of the report shall be filed with the Tax
Collector and the Township Clerk.
[Ord. #1610, § 1; Ord. #1844, § I; Ord.
#1873, § I; Ord. #2005, § I; Ord. #2087, § I;
Ord. #2570, § 1]
The volunteer Fire Department of the Township shall consist
of three companies to be known as and designated as Lyndhurst Engine
Company No. 1 and Fire Rescue Company No. 4; Lyndhurst Truck Company
No. 1 and Hose Company No. 2; and Lyndhurst Engine Company No. 3;
and as many additional companies as the Director of Public Safety
may establish, with an authorized total force of 80 members; and two
chaplains.
[Ord. #1610, § 2]
The Director of Public Safety shall appoint a member of the
Lyndhurst Volunteer Fire Department as Deputy Fire Commissioner, provided
he has served seven years of active duty, who shall hold this office
at the pleasure of the Director of Public Safety. It shall be the
duties of the Deputy Fire Commissioner to represent the Director of
Public Safety at all Fire Department activities, to supervise the
maintenance of the fire alarm system and all apparatus and equipment,
and to make recommendations to the Director of Public Safety pertinent
to the purchase or acquisition of such equipment and material as he
may deem necessary to adequately outfit the Fire Department to effect
the maximum means of fire protection and fire extinguishment. The
Deputy Fire Commissioner shall be compensated for such duties as per
the annual salary ordinance.
[Ord. #2549, § 1]
The Director of Public Safety shall appoint a member of the
Lyndhurst Volunteer Fire Department as assistant Deputy Fire Commissioner,
provided he has served seven years of active duty, who shall hold
this office at the pleasure of the Director of the Department of Public
Safety.
In the absence of the Deputy Fire Commissioner it shall be the
duties of the assistant Deputy Fire Commissioner to represent the
Director of the Department of Public Safety and Deputy Fire Commissioner
at all Fire Department activities, to supervise the maintenance of
the fire alarm system and all apparatus and equipment, and to make
recommendations to the Director of the Department of Public Safety
pertinent to the purchase or acquisition of such equipment or material
as he may deem necessary to adequately outfit the Fire Department
to effect the maximum means of fire protection and fire extinguishment.
The assistant Deputy Fire Commissioner shall be compensated for such
duties as per the annual salary ordinance.
[Ord. #1610, § 3; Ord. #2549, § 2]
The Director of Public Safety shall appoint two persons who
shall be members of the clergy to serve as chaplains of the volunteer
Fire Department, and who shall hold office at the pleasure of the
Director of Public Safety. The chaplains shall administer spiritual
aid and service to members of the volunteer Fire Department and their
families, upon the notification by the Chief. For such duties, the
chaplains shall be compensated in the amount of $200, per annum, each
payable on December 1 of each year.
[Ord. #1610, § 4; Ord. #2549, § 2]
The Chief of the Volunteer Fire Department, the First Assistant
Chief, the Second Assistant Chief, the secretary and treasurer shall
be elected by a majority vote of the members of the volunteer Fire
Department present and voting, at an election which shall take place
on the second Friday in the month of May at fire headquarters. The
term of office shall be for one year commencing the third Saturday
in the month of May.
[Ord. #1610, § 5; Ord. #2549, § 2]
No members of the volunteer Fire Department shall be eligible
for election to the office of Chief or one of the Assistant Chiefs
who has not been an active member of the Fire Department for a period
of not less than five years and who has not served at least one year
as Lieutenant or Captain of his respective company; and for the office
of Chief, he must have served one year as Second Assistant Chief or
one year as First Assistant Chief. In the event of a vacancy in the
office of the volunteer Fire Department, a special meeting of the
Fire Department will be called by the Director of Public Safety and
he shall conduct a special election for the purpose of filling the
vacancy, complying with the qualifications previously set forth in
this section.
[Ord. #1610, § 6; Ord. #2549, § 2]
The Chief shall at all times have command over the members,
apparatus and equipment of the volunteer Fire Department at fires.
In the answering of fire alarms, the Chief shall direct all other
Chiefs and other officers and members of the Fire Department in the
performance of their duties, to determine the placement of the apparatus
and equipment of the Fire Department in the most advantageous location
for the extinguishment of fires; and it shall be his duty to examine,
at least once a month, the condition of all apparatus and equipment
and fire headquarters and report the same to the Deputy Fire Commissioner
for forwarding to the Director of Public Safety. In the absence of
the Chief and Assistant Chiefs at fires, the first Captain, and in
his absence, the first Lieutenant of any of the companies arriving
at the scene of a fire shall act as commanding officer until the arrival
of the Chief or an Assistant Chief or Captain. It shall be the duty
of the Chief and Assistant Chiefs of the Fire Department to keep a
complete and detailed inventory of all apparatus, equipment and supplies
of his respective company, placed in the company's charge by the Township,
which inventory shall be made as of December 31 of each year, and
the same shall be reported to the Deputy Fire Commissioner for forwarding
to the Director of Public Safety.
[Ord. #1610, § 7; Ord. #2549, § 2]
It shall be the duty of each company herein provided for to
elect, from their members, at a regularly scheduled company meeting
to be held annually on compliance with each company's constitution,
rules and bylaws, one Captain and one Lieutenant, each to hold office
for a period of one year.
[Ord. #1610, § 8; Ord. #2549, § 2]
The government and management of the individual companies herein
provided for shall be according to such constitution, rules and bylaws
as shall have been adopted by each company's members; providing, however,
that the same shall not be inconsistent with the provisions of this
section.
[Ord. #1610, § 9; Ord. #1733, § 1; Ord. No. 2381, § I; Ord. #2415,
§ I; Ord. #2549, § 2; Ord. #2556, § 1;
Ord. #2570, § 2; Ord. #2586, § 1; Ord. #2718,
§ 1; amended 5-8-2018 by Ord. No. 2994-18]
a.
No person shall become a member of the Lyndhurst Volunteer Fire Department
or any of the companies thereof unless, at the time of his or her
application for membership, that person:
1.
Shall
have been a resident of the Township of Lyndhurst for at least one
year prior to the date of application, unless he or she is an active
career or volunteer firefighter who has purchased or rented a residence/apartment
within the Township, and possesses a minimum Firefighter I certification
or its equivalent recognized by the Bergen County Fire Academy.
[Amended 7-12-2022 by Ord. No. 3120-22]
2.
Shall be at least 18 years old.
3.
Shall be a citizen of the United States of America.
4.
Shall be certified by a physician as being physically qualified for
active duty in the Fire Department.
5.
Shall be of good moral character.
6.
Shall not have been convicted of any crime and shall have consented
to a criminal history search and finger-printing to be conducted by
the Lyndhurst Police Department.
7.
Shall hold a valid New Jersey driver's license.
8.
Shall submit to a drug screening test.
9.
Shall hold a minimum education requirement of a high school diploma,
GED, or its equivalent, or shall have successfully completed the 12th
grade school year, in anticipation of obtaining a diploma, GED or
its equivalent from a high school or vocational school. Failure to
obtain such diploma, GED or its equivalent shall result in disqualification
and removal from the Fire Department.
10.
Must submit a drug test and physical which must be completed with
72 hours authorization.
11.
A past member of the Lyndhurst Fire Department who left in good standing
for whatever reason may reapply and have the one year residency as
stated in requirement number "1" waived. The member must be in compliance
with age requirements set forth by the New Jersey State Fireman's
Association (NJSFA) and complete all paperwork as a new member and
successfully complete a full background investigation by the Lyndhurst
Police Department.
[Added 7-12-2022 by Ord. No. 3120-22]
b.
Any applicant who is either denied by a fire company and/or withdraws
their application for membership will need to wait one full calendar
year before resubmission.
[Ord. #1610, § 10; Ord. #2549, § 2]
No person shall remain an active member of the Department past
his 65th birthday or within five years of the time he has received
medical advice or treatment for cerebral hemorrhage, coronary thrombosis,
myocardial infarction, angina pectorior or any disease or malfunction
of the heart or respiratory system. Nor shall any person remain an
active member of the Department during such period of time that he
is disqualified from accident or disability insurance coverage under
such policies as may be in effect for the volunteer Fire Department.
[Ord. #1610, § 11; Ord. #2549, § 2]
Any member having completed 20 years or more of active service
in the Department may petition the Commissioner of Public Safety for
approval to be placed in the category of inactive member of the Department.
Active members having reached their 65th birthday and members who
become disabled as a result of injuries received in fighting a fire
or other emergency shall be permitted to become inactive members of
the Department.
Inactive members shall enjoy all of the privileges and benefits
of the Department, except that they shall not engage in fire fighting
or emergency handling activities and shall receive 50% of the expenses
allowed to active members of the Department.
[Ord. #1610, § 12; Ord. #2549, § 2]
Each apparatus driver of the Township Fire Department shall
annually undergo a physical, to be paid for by the Township of Lyndhurst.
The examination shall be completed before the third Saturday of May
and the findings of same are to be submitted by the Deputy Fire Commissioner
to the Director of Public Safety. No apparatus driver of the Township
Fire Department shall be eligible to undertake the duties of an apparatus
driver until he has completed the physical examination and been certified
as medically fit by the examining physician.
[Added 3-14-2023 by Ord. No. 3144-23][1]
a.
Program Created.
1.
A stipend program shall be established to encourage the active recruitment,
retention and participation of active members of the Lyndhurst Volunteer
Fire Department.
2.
Effective March 14, 2023, and retroactive January 1, 2023, there
shall be a stipend program established to compensate active volunteer
members of the Lyndhurst Volunteer Fire Department for their loyal,
diligent and devoted services to the residents of the Township of
Lyndhurst. This program shall be implemented and monitored by the
Public Safety Commissioner, Deputy Fire Commissioner, and the active
Chiefs of the Department.
3.
The program established by this section shall apply only to active-duty
firefighters of the Lyndhurst Volunteer Fire Department.
4.
This stipend program shall not affect the LOSAP Program, or the clothing allowance as contained in Chapter 2 of the Township Code.
5.
The stipend program will be reviewed by the Fire Department membership
and Public Safety Commissioner at the completion of the second quarter
and fourth quarter in its first year of adoption. The review conducted
will consider recommendations for any modifications found necessary,
or to affirm that the program is operating satisfactory by both the
Fire Department membership and the Board of Commissioners.
b.
Stipend. This program shall provide for a quarterly stipend for each
volunteer member that meets the criteria set forth below; that such
stipend shall be made in accordance with a plan that shall be established
by the Township of Lyndhurst, and that such plan shall be administered
in accordance with the laws of the State of New Jersey, and United
States Internal Revenue Code and this chapter.
d.
Criteria for Payment of Quarterly Stipend.
2.
Criteria for payment of the quarterly stipend to active volunteer
firefighters shall be in accordance with the following schedules:
3.
Volunteer firefighters on personal leave, non-service-related medical
leave, scholastic leave or suspended from volunteer service are not
eligible for the quarterly stipend.
4.
Volunteer firefighters who join an organization or change their status
during the quarter will become eligible to receive a stipend at the
beginning of the next quarter.
5.
The Finance Department, in consultation with the Public Safety Commissioner,
shall have the authority to approve payment of the quarterly stipend
to an active volunteer firefighter due to extraordinary and/or exceptional
circumstances.
e.
Recordkeeping.
1.
The Lyndhurst Volunteer Fire Department shall maintain sufficient
records, suitable to the Township, to provide for the maintenance
of this program and to ensure accurate and complete reporting of volunteer
attendance.
2.
It shall be the duty of the Deputy Fire Commissioner or his/her designee
to see that those records are provided to the Finance Department for
the determination as to which members are eligible to receive the
quarterly stipend.
3.
Members who do not agree with the monthly totals are to be referred
to their respective company chief. If the member disagrees with the
calculations, he or she may appeal to the Deputy Fire Commissioner.
The Deputy Fire Commissioner will review and conduct an audit of all
documentation and confer with the Chief of the Department and the
Public Safety Commissioner prior to rendering a decision.
f.
Stipend Coordination. The Deputy Fire Commissioner shall submit to
the Township's Finance Department a quarterly report for payment to
eligible members. The quarterly report shall be submitted to the Township's
Finance Department on or before April 30, July 31, October 31 and
January 31.
g.
Status of the Fire Department. Nothing in this program is intended
to change the status of the Lyndhurst Volunteer Fire Department, it
being the intent and purpose herein that this organization remain
as volunteer organization.
h.
Employer-Employee Relationship.
1.
Nothing in this program is intended to create an employer-employee
relationship between a volunteer firefighter. No person receiving
a stipend under these regulations shall be considered an employee
of the Township.
2.
The payment of any stipend does not change the status of any volunteer.
Volunteers are not employees of the Township of Lyndhurst. Stipend
payments shall conform to the Fair Labor Standards Act of 1938 (FLSA)
requirements as set forth by interpretative guidance promulgated by
the United States Department of Labor (DOL) and the New Jersey Department
of Labor and Workforce Development (NJDOL).
i.
No Entitlement to Benefits. Nothing in this program will entitle
any volunteer firefighter to health and prescription benefits, pension
or other like benefits provided by the Township to its full-time employees.
j.
Services Performed During Regular Work Hours. Employees of the Township
who are also a volunteer firefighter, are entitled to earn a stipend
while performing such volunteer services during regular work hours.
As such, the employee must be serving in the full capacity of firefighter
during the time of each incident in which they are seeking credit.
k.
Payments. Quarterly payments shall be made in accordance with Township Subsection 2-15.9.
|
Schedule A
Lyndhurst Volunteer Fire Department
| |
|---|---|
|
Firefighters (Fire 1 Certified)
Percentage of Total Calls, Drills, and Mutual-Aid Attended
Two credits per call responding between 11:00 p.m.
and 7:00 a.m.
Two credits for all calls exceeding 90 minutes
Mutual-aid calls not to be held against those not
responding
|
Maximum Amount Per Quarter
|
|
50% +
|
$1,000
|
|
35% to 49%
|
$750
|
|
25% to 34%
|
$400
|
|
NOTES:
| |
|
***All percentages rounded to the nearest whole number***
| |
|
-All personnel of the Lyndhurst Fire Department shall attend
a minimum of one drill per month in order to be eligible.
|
[Ord. #1610, § 14; Ord. #2549, § 2]
Upon election of members by the companies, the secretary of
each company shall immediately submit, in writing, the names of such
newly elected members to the Director of Public Safety for his approval
or rejection. Upon receipt of such report, the Director of Public
Safety shall proceed to consider the same. If the report is in favor
of admission to membership in the Fire Department of such applicant,
the Director of Public Safety may approve or disapprove the same.
If the Director of Public Safety approves the report, the names of
newly elected members shall be properly recorded. All members of the
volunteer Fire Department shall have issued to them a certificate
signed by the Director of Public Safety and attested by the Township
Clerk, that the person therein named is a duly qualified member of
the Fire Department of the Township and a member of the company therein
named.
[Ord. #1610, § 15; Ord. #2549, § 2]
An active fireman may be transferred from membership in one
company to membership in another company in the volunteer Fire Department.
He shall apply to his own company for such transfer. Upon approval
by his own company, the application shall be submitted to the company
to which he desires to be transferred, and upon its approval, the
application shall be submitted to the Director of Public Safety for
his approval. The record of duty performed by the member so transferred
shall be continued and his annual record of duty for each year shall
be based on his record in both companies for the year. The secretary
of the company from which he is transferred shall endorse on his application,
if approved, a transcript of his record from the beginning of the
company year to the date of his transfer. His membership in one company
shall not terminate until he has been notified of his admission to
the new company.
[Ord. #1610, § 16; Ord. #2549, § 2]
On December 1 of each year the Township shall reimburse each
active member of the volunteer Fire Department, the sum of $225 who
shall have answered not less than 60% of all fire alarms during the
company year next preceding the date of such payment. The sum to each
member shall be paid to reimburse him for those expenses incurred
in the answering of fire alarms and to replace and clean personal
clothing that may become damaged or soiled in the course of the performance
of fire duty. In addition, the Township shall pay to a general uniform
fund, created by the volunteer Fire Department, the sum of $10 for
each active member of the Fire Department; and payment representing
allowance for the acquisition of and proper maintenance of a regulation
fireman's uniform.
[Ord. #1610, § 17; Ord. 1717, § 1; Ord.
#2549, § 2]
The Director of Public Safety shall annually appoint before
the third Saturday of May, 12 men from Lyndhurst Truck Company No.
1 and Hose Company No. 2, eight men from Lyndhurst Engine Company
No. 3, and eight men from Valley Brook Engine Company No. 1 who are
active members of the Lyndhurst Volunteer Fire Department to duty
as apparatus drivers, who shall be qualified therefor pursuant to
this section. It shall be the duties of the drivers of fire apparatus
to drive their respective company's apparatus and to drive any apparatus
upon orders of the Deputy Fire Commissioner, and in his absence upon
orders of the Chief or Assistant Chiefs or officers, in order of their
rank, to the scene of all fires and to tend to and operate all auxiliary
equipment in compliance with the orders of the Deputy Fire Commissioner,
the Chiefs or officers. Drivers shall be responsible for the safe
keeping and careful usage of the apparatus and equipment provided
for the use of each respective company by the Township of Lyndhurst
and shall promptly report in writing to the Chief of the Fire Department
the loss or damage of any of the apparatus and equipment, and he,
in turn, will report said loss to the Deputy Fire Commissioner for
forwarding to the Director of Public Safety. Drivers will be compensated
for such duties in the amount of $125, per annum, payable semi-annually
on the first day of June and the first day of December.
[Ord. #1610, § 18; Ord. #2549, § 2]
Any active member of the volunteer Fire Department may obtain
leaves of absence. The Director of Public Safety may grant permission
for a leave of absence for a period of no more than six months to
any active member of the Fire Department; provided, however, that
any member so desiring a leave must first make written application
to his company and receive the approval of the members of his company.
The secretary of the company shall notify the Director of Public Safety
of the company's action on all applications for such leaves of absence.
[Ord. #1610, § 19; Ord. #2549, § 1]
Apparatus and equipment shall not be removed or caused to be
removed from fire headquarters for any other purpose than answering
a fire alarm without the consent of the Deputy Fire Commissioner.
In the absence of the Deputy Fire Commissioner, the consent of the
assistant Deputy Fire Commissioner shall be required. In the absence
of the assistant Deputy Fire Commissioner, the consent of the Chiefs
or Assistant Chief, in order of their rank shall be required, except
in cases of extreme emergencies.
[Ord. #1610, § 20; Ord. #2549, § 1]
Apparatus and equipment shall not be moved or caused to be moved
from the Township except in case of conflagration or call for assistance
from a neighboring municipality, and then only with the consent of
the Deputy Fire Commissioner. In the absence of the Deputy Fire Commissioner,
the consent of the assistant Deputy Fire Commissioner shall be required.
In the absence of the assistant Deputy Fire Commissioner, the consent
of the Chief or Assistant Chiefs, in order of their rank shall be
required, who shall be responsible to the Director of the Department
of Public Safety for such act. Fire apparatus shall not be used for
parades and convention purposes except by permission of the Director
of the Department of Public Safety.
[Ord. #1610, § 21; Ord. #2004, §§ I,
II; Ord. #2549, § 2]
a.
Charges Against Members; Hearings; Suspension.
1.
Suspensions; Authority.
(a)
The Chief, First Assistant Chief and Second Assistant Chief
shall, at any time, have the authority to suspend any firefighter
("accused") for good cause including, but not limited to:
(1)
Conviction of a criminal offense;
(2)
Disobedience of a firematic order;
(3)
Unauthorized use of a Department vehicle;
(4)
Acting under the influence of drugs or alcohol at a fire scene;
(5)
Conduct unbecoming a firefighter;
(6)
Refusal to obey an order given for the purpose of promoting
the maintenance, health, safety and welfare of the Department, its
personnel and/or equipment and facilities.
(b)
An officer in charge of a fire shall have the same authority
for offenses committed at the fire scene.
(c)
Any officer may file charges against any fire fighter or officer
at any time or place.
(d)
Any suspension shall remain in effect until a hearing before
the board of officers.
2.
The board of officers shall be comprised of the three Chiefs, three
Captains and three Lieutenants of the Department. The board of officers
shall have the authority to enforce or vacate a paragraph a1 suspension,
remove a firefighter or impose other disciplinary sanctions. The board
of officers may decline to hear a matter and may refer the same to
the accused's company for disposition.
3.
A quorum of the board of officers shall consist of a minimum of five
officers including a Chief. The majority of officers must come from
companies different from that of the accused.
4.
The complaining officer shall within seven days present the accused
and the board of officers with a written statement of the pending
charges, and the accused shall within seven days present the board
of officers with a written answer.
5.
The board of officers consisting of at least a quorum shall meet
within 14 days of the receipt of the answer. At the hearing, an officer
will be selected to keep written minutes of the hearing. The board
shall review the statement of pending charges and answer. The complaining
officer and accused may testify and offer testimony of other witnesses
in their behalf. At the close of testimony, the board of officers,
by a majority closed ballot vote shall decide guilt or innocence.
Any punishment shall be decided by a majority vote after open discussion.
6.
The Commissioner of Public Safety shall within 21 days review the
decision of the board of officers and affirm, reverse or modify the
decision of the board of officers; or hold a new hearing. The accused
shall have the right to be heard by the Commissioners before a decision
is made.
b.
Charges Pursuant to Company Bylaws. In addition to charges brought
under the Department bylaws set forth in paragraph a above, charges
may be brought against any members of the Fire Department by the company
to which the accused fire fighter belongs pursuant to that company's
constitution and/or bylaws. The appeal process of the accused shall
be the same as in paragraph a above.
[Ord. #1610, § 22; Ord. #2549, § 2]
Any member of the volunteer Fire Department who shall move from
the Township and shall remain outside the limits of the Township without
the consent of the Director of Public Safety, shall, at the end of
90 days after such removal, cease to be a member of the Fire Department
and shall forfeit any and all rights and privileges accruing from
such membership.
[Ord. #1610, § 23; Ord. #2549, § 2]
The request for equipment and supplies shall be made by requisition
by the Captain of each company, upon the approval of the Chief of
his respective company, on a form provided for such purpose. The requisitions
shall be delivered to the Deputy Fire Commissioners who shall approve
or disapprove the requisition, and forward the same to the Director
of Public Safety for final action.
[Ord. #1610, § 24; Ord. #2549, § 2; Ord.
#2570, § 3]
There shall be an annual inspection of the entire Fire Department
and its equipment by the Director of Public Safety. The inspection
shall be held on the third Saturday of May of each year at 5:00 p.m.,
prevailing time at fire headquarters. All members of the Fire Department
are required to attend such inspection dressed in regulation uniform.
[Ord. #1610, § 25; Ord. #2549, § 2]
All officers of the Fire Department heretofore elected and holding
office prior to the passage of this section are hereby continued in
office, subject to the terms of this section; and all the rights,
privileges and terms of services of the members of the Fire Department
heretofore acquired prior to the passage of this section are hereby
continued, subject to the terms of this section.
[Ord. #2552, § 1; amended 7-12-2022 by Ord. No. 3123-22]
The position of a Special Duty Firefighter is hereby established
in the Lyndhurst Fire Department. A Special Duty Firefighter is a
person who is employed within the Township of Lyndhurst, resides outside
the Township, and is a former member of the Lyndhurst Fire Department
or a member of the Fire Department in another jurisdiction. This Special
Duty Firefighter shall assist the Fire Department and serve in a similar
capacity as a regular member of the Fire Department, as provided therein.
a.
The requirements for service as a Special Duty Firefighter are as
follows:
2.
Employment in the Township of Lyndhurst.
3.
Submission of an application in writing to the Lyndhurst Fire Department
requesting special duty firefighter status, which request will be
reviewed by the Fire Department board of officers and presented to
the Fire Department and Director of Public Safety for final approval.
4.
Submission with the application of a letter from the Fire Department
in the other jurisdiction stating that the application is a member
in good standing with that Fire Department, or a letter from the Lyndhurst
Fire Department stating the applicant left the Lyndhurst Fire Department
is good standing.
5.
Submission of all proper training certificates in connection with
the application.
6.
Satisfactory participation in, and completion of, any training program
required by the Lyndhurst Fire Department, and compliance with all
Department standard operating procedure requirements and bylaws.
b.
A special duty firefighter shall be provided with the proper fire
fighting gear and necessary equipment.
c.
A special duty firefighter shall not be eligible for election to
the positions of Chief, First Assistant Chief, Second Assistant Chief,
Captain or Lieutenant.
d.
A special duty firefighter can apply to an individual company or
serve the entire Fire Department, dependent on the applicant's desire
and Fire Department board of officer's approval.
[Added 3-14-2023 by Ord.
No. 3143-23]
The requirements for service to the Junior Firefighters' Auxiliary
Program are as follows:
a.
Applicant needs to pass a Fire Department physical, using the New
Jersey State Firemen's Association form.
b.
Application for membership shall be the same as that of an adult applicant, as set forth at § 2-13.10 excluding Subsection 2-12.10a(7) and (9) of the Township Code, accompanied by a parental permission and release form. Application will be reviewed by the Junior Firefighter Coordinators.
c.
In accordance with the provisions of N.J.S.A. 40A:14-95, no person
shall be eligible for membership in the Junior Firefighter Auxiliary
Program who is less than 14 or 18 or more years of age. Persons between
the ages of 14 and 16 years of age must be the son/daughter of an
active Township firefighter in good standing. Proof of age and residency
in the Township of Lyndhurst is required.
d.
No junior firefighter member may remain as a junior firefighter after
his/her 18th birthday.
e.
The junior firefighter applicant must appear before the Department's
Junior Firefighter Committee for an interview. The parent or guardian
of the applicant must be present during the time of the interview.
The Committee will consist of a representative from each company,
the Chiefs of the Department, and the Junior Firefighter Program Coordinators.
f.
A frequently checked email address for the parent/guardian (in addition
to the junior member's email address) must be provided for communication
purposes.
g.
A copy of the rules and regulations of the Lyndhurst Junior Firefighters'
Auxiliary will be provided to the applicant at the interview. The
applicant/parent/guardian will sign off on the permission and release
form that they are in receipt of the rules and regulations of the
Lyndhurst Junior Firefighters' Auxiliary and agree with its content.
h.
Acceptance to the Junior Firefighters' Auxiliary Program shall be
subject to the approval by the Mayor and Board of Commissioners.
1.
Training.
(a)
Training of junior firefighters will include any and all instruction
which the Lyndhurst Fire Department deems necessary.
(b)
After acceptance as a junior firefighter member, junior firefighters
between the ages of 16 to 18 years of age will commit to the completion
of a junior firefighting course, which is based upon the National
Fire Protection Agency (NFPA) requirements. This course is offered
at the Bergen County Fire Academy (Junior Firefighter Firefighting
Program) or at another recognized education institution providing
equivalent training. This shall be mandatory for all members between
the ages of 16 to 18.
(c)
Junior firefighter members shall not perform any task or participate
in any activity prohibited by applicable state and federal laws.
2.
Duties.
(a)
Junior firefighter members shall obey all lawful orders given
to them by any line officer in authority of the Lyndhurst Volunteer
Fire Department, inclusive of the Junior Firefighter Coordinators,
or any senior member in their absence.
(b)
Junior firefighter members may not participate in Department
activities more than eight hours per day or 40 hours per week, or
participate in any activities prior to 6:00 a.m. or after 11:00 p.m.
(c)
While performing any training duties or riding on the apparatus,
or working on the fire ground, all junior firefighter members shall
comply with the Department rules and regulations concerning protective
clothing and personal protective equipment.
(d)
Junior firefighter members are subject to the bylaws, rules
and regulations, and policies of the Lyndhurst Volunteer Fire Department.
i.
Active Status.
1.
When a junior firefighter member reaches his/her 18th birthday, the
junior firefighter member is eligible to apply for membership in the
Lyndhurst Volunteer Fire Department; junior firefighter members seeking
to join the Lyndhurst Volunteer Fire Department must satisfy all requirements
of the Department and will be considered for membership, in part,
based on the junior firefighter member's performance as a junior firefighter.
2.
Upon reaching the age of 18, a junior member will submit a letter
to the respective company in which they are seeking membership for
acceptance into the Lyndhurst Volunteer Fire Department as a probationary
member.
[Ord. #1528, § 1]
It is hereby declared to be the intention of this section to
provide for uniform purchasing of all materials and equipment necessary
for the operation of the municipal affairs of the Township.
[Ord. #1528, § 2]
The Department of Revenue and Finance shall cause to be prepared
a standard purchase order form providing for distribution in quadruplicate
of the purchase order, in the following form and manner:
a.
Original copy to be forwarded to vendor.
b.
One copy to be retained by the department requiring purchase.
c.
One copy to be filed with the Department of Revenue and Finance.
The Department of Revenue and Finance shall further provide
that the original purchase order be attached to the voucher authorizing
payment prior to the making of payment on the purchase.
[Ord. #1528, § 3]
The Department of Revenue and Finance shall not make payment
of any purchases made on behalf of the Township, until the delivery
of the material, equipment or supplies has been approved and accepted
by the director of the department. The Department of Revenue and Finance
shall furnish the departmental directors with reports pertaining to
purchase of material, equipment or supplies by the department on a
monthly basis.
[Ord. #2889-13, § 1]
The following are the specifications of the internal financial
controls:
a.
The 2012-2013 Internal Controls Memo, dated June 24, 2013 is hereby
codified as though it was recited herein in full. Said internal controls
memo shall be annually updated by the Chief Financial Officer (CFO)
and be permanently posted on the Lyndhurst web site.[1]
[1]
Editor's Note: A copy of the Internal Financial Controls as
adopted by Ordinance No. 2889-13 may be found on file in the Township
offices.
b.
The Township of Lyndhurst Internal Controls shall be of such a nature
so as to ensure the safeguarding of all assets of the Township of
Lyndhurst.
c.
The Township of Lyndhurst Internal Controls has been designed to
ensure compliance with the New Jersey Local Fiscal Affairs Law (N.J.S.A.
40A:5-1 et seq.) and the New Jersey Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.) and related regulations, for example N.J.A.C. 5:34.
Furthermore, the implementation of procedures regarding contract approval
and compliance as well as appropriation (budget) monitoring is necessary
to avoid misappropriation and inappropriate (unauthorized) use of
taxpayer funds.
d.
The Township Attorney, when appointed as an employee of the Township,
and the CFO may approve and sign all vouchers and checks.
[Ord. #1528, § 4]
The director of each department of the Township shall cause
to be made an annual inventory of all municipal property in the custody
or control of the department. The director shall file with the Township
Clerk a copy of the annual inventory.
[Ord. #1451]
Pursuant to the provisions of N.J.S.A. 40:23-6.26 to 40:23-6.29,
and 40:23-6.34 to 40:23-6.37 the Township is hereby authorized to
enter into contracts with the County of Bergen for the joint use by
the Township of Lyndhurst and other municipalities in the County of
Bergen of administrative services and facilities of the office of
purchasing agent of the County of Bergen appropriate to the procurement
of certain materials, supplies and equipment which may be determined
to be required from time to time by the Township and which the Township
may otherwise lawfully purchase for itself. The services and facilities
of the office of county purchasing agent shall be provided without
cost to the Township.
The proper municipal officials of the Township are hereby authorized
and empowered to execute, on behalf of the Township, all such contracts
with the County of Bergen as may be authorized and approved by resolution
of the Mayor and Commissioners of the Township.
[Ord. #1485, § 1]
Any person claiming payment from the Township shall present
a detailed bill of demand to the collector of taxes of the Township
duly certified.
[Ord. #1485, § 2]
It shall be the duty of the collector of taxes to request that
the signature of the officer or employee who has been duly designated
by the director of the department to which the claim is made to certify
that the materials have been received by, or the services rendered
to, the Township appears on every claim.
[Ord. #1485, § 3]
All claims duly certified and approved by the officer or employee
designated by a director of the department shall be presented to the
director of the department that the claim has been made to, and if
the director is satisfied that the claim is proper, the director shall
approve the claim for payment. The collector of taxes shall then forward
the claim to the Township Clerk who shall then present the approved
claim to the Board of Commissioners for formal approval at a regular
meeting.
[Ord. #1485, § 4]
All claims against the Township shall be considered by the Board
of Commissioners at a regular meeting and shall be approved by the
Board of Commissioners, or the alternative, the Board of Commissioners
may reject any claims presented to it and return the same to the director
of the department against which the claim is made for further investigation
and report to the Board of Commissioners.
[Ord. #1485, § 5]
The Township Clerk shall record all claims in the official minutes
of the meetings of the Board of Commissioners, and the Township Clerk
shall indicate that the Board of Commissioners has, by formal action,
approved the claims with appropriate record as to any claims disapproved
or rejected by the Board of Commissioners.
[Ord. #1485, § 6]
A list of all claims shall be presented for approval at the
next regular meeting. The schedule or list is to be made available
to every member of the Board of Commissioners prior to the regular
meeting wherein the claim is subject to formal action by the Board
of Commissioners. After approval, all claims shall be listed in a
book or record to be designated as "Claims Approved by the Board of
Commissioners of Lyndhurst, N.J." This listing shall be amplified
by appropriate detail in the minutes to permit ready identification.
[Ord. #1485, § 7]
It shall be the duty of the collector of taxes to indicate on
any claims that the same has been approved for payment by the Board
of Commissioners indicating on the claims the date of approval by
the Board of Commissioners.
[Ord. #1525; #2889-13 ]
The collector of taxes shall, upon approval of the payment of
the claims by the Board of Commissioners forthwith prepare the necessary
checks for payment thereof, which checks shall be signed by the Mayor
and the Director of the Department of Revenue and Finance and countersigned
by the Township Clerk. The collector of taxes shall record the approved
checks in proper books of account and thereafter shall mail or otherwise
distribute the checks to the claimants.
Pursuant to Ordinance No. 2889-13, the Township Attorney, when
appointed as an employee of the Township, and the CFO may approve
and sign all vouchers and checks.
[Ord. #1525]
There is hereby established by this section a payroll account
in the Township. The director of each department of the Township shall
designate an officer or an employee by letter to the collector of
taxes of the Township and the officer or employee shall be responsible
for preparing the necessary payrolls for all employees, which payrolls
shall be duly certified by the person authorized to certify that the
services have been rendered and the amount specified is in fact due
and owing to the employee or employees. The payroll shall then be
approved by the director of the department responsible therefor and
presented to the Board of Commissioners for approval at a regular
meeting and shall be paid in due course, and shall be paid in a manner
as set forth for the payment of claims against the Township. The Board
of Commissioners may designate by resolution providing for the payment
of salaries, wages and compensation.
[Ord. #1485, § 10]
The Board of Commissioners may, by resolution, prescribe the
form and requirements of the voucher to be submitted to the Township
for the payment of all claims for services or materials.
[Ord. #2634, §§ 1 — 3]
a.
Approval of the Use of Disbursing Organization for Payment of Claims.
The use of a servicer for payment of payroll agency claims is hereby
authorized: The servicer shall be permitted to perform the following
tasks:
b.
Approval Officer.
1.
The Chief Financial Officer of the Township of Lyndhurst is hereby
designated as the approval officer who shall be responsible for authorizing
and supervising the activities of the disbursing organization. This
authorization is made pursuant to the provisions of N.J.S.A. 40A:5-17(a)(I).
2.
The duties of the approval officer shall be implemented to include
the reconciliation and analysis of all general ledger accounts affected
by the activities of the disbursing organization.
3.
The approval officer shall also be authorized to enter into an agreement
with the disbursing organization which will allow holding of funds
pending transmittal of those funds to a payee. The disbursing organization
shall be authorized to hold the funds pending transmittal.
c.
Compliance with Laws and Regulations. The Township of Lyndhurst specifically
adopts all requirements of N.J.A.C. 5:30-17.1 et seq. if set forth
herein at length and verbatim.
[Ord. #1615]
The Township enters into a contract with the Town of Kearny,
the Town of Harrison and the Boroughs of North Arlington and East
Newark, in the State of New Jersey, to provide for comprehensive alcohol
control services by the Inter-County Council on Drug and Alcohol Abuse
pursuant to the Interlocal Services Act, N.J.S.A. 40:8A et seq.
The Mayor of the Township is authorized to execute the contract
on behalf of the Township and that the Township Clerk affix the seal
thereto and that a copy of the contract authorized by this section
be filed with the Township Clerk and be available for public inspection
in the municipal building during normal business hours.
[Ord. #1424, § 2]
There is hereby established as the assessment maps of the Township
the map entitled "Assessment Maps of the Township of Lyndhurst, Bergen
County, N. J. 1959," prepared by Michael Neglia, Township Engineer,
approved by the Department of the Treasury of the State of New Jersey
on November 23, 1960 as Serial No. 298, and which map has been and
is now on file in the office of the Tax Collector[1] of the Township. The map is made a part hereof as fully
as if a replica thereof was printed herewith and from February 20,
1961, the map shall be controlling in all matters relating therein.
[Ord. #1424, § 2]
The establishment of the assessment maps is hereby declared
to be for the purpose of conserving and promoting the public health,
safety, morals and general welfare of this Township.
[Ord. #2090]
In the Township of Lyndhurst in accordance with state statute,
N.J.S.A. 48:0-140.1 et seq., a position of Chief Financial Officer
shall be established.
In the Department of Revenue and Finance the position of Tax
Collector/Treasurer shall be amended to read Tax Collector/Treasurer/Chief
Financial Officer in order to comply with said statute.
The Township of Lyndhurst Salary Ordinance shall be amended
to include said position of Tax Collector/Treasurer/Chief Financial
Officer.
[Ord. #2188]
This section shall be known and may be cited as the Regionalized
Services and Cooperating Pricing Ordinance of the Township of Lyndhurst.
[Ord. #2188]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq. and
N.J.S.A. 40A:11-15(5), the Mayor of the Township of Lyndhurst is hereby
authorized to enter into a Regionalized Services and Cooperative Pricing
Agreement with the lead agency.
[Ord. #2188]
The lead agency entering into contracts on behalf of the Township
of Lyndhurst shall be responsible for complying with the provisions
of the Revised Statutes of the State of New Jersey.
[Ord. #2219, § I]
This section shall be known and may be cited as the E911 Interlocal
Services Ordinance.
[Ord. #2219, § II]
Pursuant to the provisions of N.J.S.A. 40:8A et seq., as hereinafter
may be amended and currently known as the Interlocal Services Act
Chapter 208 Laws of 1979, Mayor and Board of Commissioners are hereby
authorized to enter into the E911 Interlocal Services Agreement with
the Borough of Lodi for the purpose of providing E911 services within
its jurisdiction.
[Ord. #2219, § III]
Each participating municipality entering into this Interlocal
Services Agreement shall be responsible for complying with the provisions
of the Interlocal Services Act (N.J.S.A. 40:8A et seq.) and all other
provisions of the revised statutes of the State of New Jersey.
[Ord. #2316, § I]
There is hereby newly established in the Department of Public
Affairs the position of part time Zoning Officer. The term of office
shall be for one year. The Zoning Officer shall devote at least 10
hours per week but no more than 20 hours per week to the duties of
the office as set forth herein.
[Ord. #2316, § II]
The person appointed to the position of Zoning Officer shall
meet the following minimum qualifications:
[Ord. #2316, § III]
The Township of Lyndhurst's local zoning ordinance shall be enforced by the Zoning Officer who is empowered to cause any building, structure, plans or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the Township's zoning regulations. The owner or agent of a building or premises where a violation of any provision of the Township's zoning regulations shall have been committed or shall exist, or the owner, agent, architect, builder, contractor, lessee, tenant or any other person who shall commit, take part or assist in any such violation of the Township's zoning ordinance, shall be subject to the penalty provided in Section 6-8 of the revised General Ordinances of the Township of Lyndhurst, 1975.
[Ord. #2316, § IV]
It shall be the duty of the Zoning Officer to enforce the provisions
of the Township's zoning ordinance as follows:
a.
Enforcement Duties.
1.
Discover and ascertain the existence of any zoning violations of
the Township's zoning ordinance.
2.
Investigate and inspect any alleged violation of the Township's zoning
ordinance within his knowledge or coming to his attention.
3.
Prevent further or continued violations of the Township's zoning
ordinance which are known by him to exist, and by every lawful means
cause the violators to cease and desist from committing such further
violations.
4.
To prosecute violations of the Township's zoning ordinance in the
manner provided by law.
5.
Whenever any building or structure is erected, constructed, altered,
repaired, converted, used or maintained within the Township of Lyndhurst,
it shall be the duty of the Zoning Officer to ascertain that the same
is done in accordance with the provisions of the Township's zoning
ordinance and not in violation thereof; and whenever any building
or structure is so erected, constructed, altered, repaired, converted,
used or maintained contrary to or any land is used in violation of
any provision of the Township's zoning ordinance, it shall be the
duty of the Zoning Officer to proceed with the enforcement of the
Township's zoning ordinance in the manner herein provided and as otherwise
provided by law; and he is hereby further authorized and empowered
to institute and maintain any further statutory legal actions and
proceedings for the enforcement hereof, now existing or heretofore
or hereafter provided, which may be available to him.
b.
Administrative Duties.
1.
In conjunction with the construction code official, make an inspection
of every parcel of land, building or structure for which an occupancy
or land use permit is required prior to the issuance of such permit,
in order to ascertain that said occupancy of use will comply with
every standard, regulation and requirement of this section for such
occupation and use.
2.
Issue zoning permits certifying that all applications for development
or land use are in conformity with the zoning ordinance of the Township
of Lyndhurst.
3.
Report to the Board of Adjustment with respect to matters which are
properly before the board, and otherwise conduct investigations, report
to and be responsible to the Mayor and council with respect to matters
pertaining to the zone plan and the Township's zoning ordinance and
otherwise within his jurisdiction.
4.
Start and maintain an accurate and complete file with respect to
every alleged violation of the Township's zoning ordinance or other
matter investigated and processed by him.
5.
File a monthly report of his activities, including the complaints
and cases processed by him and disposition thereof, with the Mayor
and Council of the Township of Lyndhurst.
[Ord. #2316, § V]
Whenever the Zoning Officer shall ascertain that any of the
provisions of the Township's zoning ordinance are being violated,
he shall:
a.
Promptly notify the person committing such violation to cease and
desist from continuing such violation.
b.
Sign and file a complaint alleging the violation in the Municipal
Court of the Township of Lyndhurst, in the manner prescribed by law
and the rules governing the practice in such court. He shall also
institute further proceedings in the Superior Court when, in his opinion,
the same are warranted, to enjoin said violation and to effect the
discontinuance thereof. Nothing herein shall prevent any person other
than the Zoning Officer from instituting a complaint for any violation
of the Township's zoning ordinance in the manner prescribed by law.
[Ord. #2316, § VI]
Where permitted by law and in the enforcement of the Township's
zoning ordinance, the Zoning Officer may apply to the Judge of the
Municipal Court of the Township of Lyndhurst for a warrant or warrants
to search and inspect the properties and premises upon which he has
reason to believe any violation of the Township's zoning ordinance
has taken or is taking place, and, upon probable cause shown, the
Judge may issue such a warrant or warrants in the manner authorized
by law; and the information obtained pursuant thereto shall be admissible
as evidence in any court of competent jurisdiction for the purposes
of proving any case brought for violation of the Township's zoning
ordinance.
[Ord. #2316, § VII]
The salary or compensation of the Zoning Officer shall be as
set forth in the Salary Ordinance.
[Ord. #2316, § VIII]
Nothing herein contained shall affect the duties and responsibilities
of the Construction Code Official.
[Ord. #2316, § IX; Ord. #2861-12, § 1]
There shall be established a fee for the issuance of a zoning
permit which shall be paid to the Township of Lyndhurst by the person
seeking the permit. The zoning permit fee shall be as follows:
[Ord. #2358, § 1]
There is hereby created in the Township of Lyndhurst a Historic
Preservation Commission for the protection, enhancement and preservation
of districts, sites, buildings and structures of historic, cultural
or architectural value or interests within the Township of Lyndhurst.
[Ord. #2358, § 2; Ord. #2449, § I]
a.
The Historic Preservation Commission shall consist of seven regular
members and may have not more than two alternate members. There shall
be one member each of Class A and B, and five members of Class C.
Class qualifications shall be as follows:
1.
Class A: A person who is knowledgeable in building design and construction
or architectural history and who may reside outside the municipality.
2.
Class B: A person who is knowledgeable or with a demonstrated interest
in local history and who may reside outside the municipality.
3.
Class C: Citizens of the municipality who shall hold no other municipal
office, position or employment, except for membership on the Planning
Board or Board of Adjustment.
b.
Alternate members shall meet the qualifications of Class C members.
[Ord. #2358, § 3]
a.
The Mayor shall appoint all members of the Commission and shall designate
at the time of appointment the regular members by class and the alternate
members, if any, as "Alternate No. 1" and "Alternate No. 2."
b.
All terms shall run from January 1, of the year in which the appointment
was made. The terms of the members first appointment shall be so determined
that to the greatest practicable extent, the expiration of the terms
shall be distributed, in the case of regular members, evenly over
the first four years after their appointment, provided that the initial
term of no regular member shall exceed four years, and that the initial
term of no alternate member shall exceed two years. Thereafter, the
term of a regular member shall be four years and the term of an alternate
member shall be two years.
c.
A vacancy occurring otherwise than by expiration of a term shall
be filled for an unexpired term only. Notwithstanding any other provision
therein, the term of any member common to the Historic Preservation
Commission and the Planning Board shall be for the term of membership
on the Planning Board and the term of any member common to the Historic
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
[Ord. #2358, § 4]
The Historic Preservation Commission shall annually elect a
chairman, vice chairman and select a secretary from its members.
[Ord. #2358, § 5]
The Commission shall create rules and procedures for transaction
of its business subject to the following regulations:
a.
A quorum for the transaction of business shall consist of three of
the Commission's members, including the chairman or, in his absence,
the vice chairman.
b.
The secretary shall keep minutes and records of all meetings and
proceedings, including voting records, attendance, resolutions, findings,
determinations and decisions. All such material shall be public records.
c.
All meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:47 et seq.).
d.
Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of a regular
member. 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 No.
1 shall vote.
e.
No member of the Historic Preservation Commission shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
f.
A member of the Historic Preservation Commission may (after public
hearing if he requests it) be removed by the governing body for cause.
[Ord. #2358, § 6]
The Commission members shall serve without compensation, but
shall be reimbursed for expenses incurred in the performance of official
business.
[Ord. #2358, § 7]
Expenditures pursuant to this subsection shall not exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for the Commission's use. The Historic Preservation Commission may
recommend to the governing body contracting of experts and other staff
and services as it shall deem necessary. The Commission shall obtain
its legal counsel from the Township Attorney at the rate of compensation
determined by the governing body.
[Ord. #2358, § 8]
The Historic Preservation Commission shall have the responsibility
to:
a.
Prepare a list of historic sites and appropriate maps of the Township,
pursuant to criteria identified in the 1980 Bergen County Historic
Sites Survey Report. Copies to be distributed to members and alternates
of this commission, Commissioners, members of Planning Board, members
of zoning board, construction official and Township Attorney. This
list and the maps shall be reviewed every five years.
b.
Make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
c.
Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program.
d.
Advise the Planning Board and Board of Adjustment on applications for development, pursuant to subsection 2-22.9 of this section.
e.
Provide written reports, pursuant to subsection 2-22.10 of the section, on the application of the Zoning Ordinance provisions concerning historic preservation.
f.
Carry out such other advisory, educational and informational functions
as will promote historic preservation in the Township.
[Ord. #2358, § 9]
The Planning Board and the Board of Adjustment shall submit
to the Historic Preservation Commission a copy of every application
submitted to either board for development in historic zoning districts
or on historic sites designated on the zoning or official map or in
any component element of the Master Plan. The Historic Preservation
Commission shall provide its advice which shall be conveyed through
one of its designated members or staff to testify orally at the hearing
on the application, and to explain any written reports which may have
been submitted.
[Ord. #2358, § 10]
All applications for issuance of permits pertaining to historic
sites or property in historic districts shall be referred to the Historic
Preservation Commission for a written report on the application of
the Zoning Ordinance provisions concerning historic preservation,
to any of those aspects of the proposed change which aspects were
not determined by approval of an application for development by a
municipal agency pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. The Historic Preservation Commission shall report
to the construction official within 45 days of the referral of an
application to the Historic Preservation Commission. If, within the
forty-five day period, the Historic Preservation Commission recommends
to the construction official against the issuance of a permit to be
issued, the Construction Official shall deny issuance of a permit,
or include the conditions in the permit as the case may be. Failure
to report within the forty-five-day period shall be deemed to constitute
a report in favor of issuance of the permit and without the recommendation
of conditions to the permit.
[Ord. #2389, § I]
Pursuant to N.J.S.A. 40:9-154.1 crossing guards shall be appointed
selected, and terminated by the Director of the Department of Public
Safety. The terms of appointment shall not exceed one year and may
be revoked for cause after a hearing before the Chief of Police.
[Ord. #2389, § I; Ord. #2837-12; amended 10-16-2018 by Ord. No.
3000-18]
a.
Crossing
guards must be citizens of New Jersey, be sound in body and of good
health, be of good moral character, and must not have been convicted
of any criminal offense involving moral turpitude. In accordance with
N.J.S.A. 40:48-1.4, all school crossing guards will be required to
undergo a criminal history record background check. As a condition
of employment, all prospective school crossing guards shall be required
to submit to being fingerprinted and shall authorize the Township,
in writing, to exchange fingerprint data with and receive criminal
history information from relevant state and/or federal agencies. Failure
to submit a fully signed and witnessed written authorization and consent
form shall be grounds to rescind a conditional offer of employment.
Current crossing guards shall sign the requisite consent form and
submit to a criminal history record background check as a condition
of reappointment. As a condition of employment, all school crossing
guards will be required to undergo a mental health history record
background check. All prospective school crossing guards shall authorize
the Township, in writing, to submit and receive mental health history
information from relevant state, county and/or federal agencies. Failure
to submit a fully signed and witnessed written authorization and consent
form shall be grounds to rescind a conditional offer of employment.
Furthermore, all crossing guard candidates shall pass a physical examination,
including a drug screening test, conducted in a clinical setting by
a physician of the Township's choice with experience examining job
applicants. The examining physician should be provided a job description
listing the physical requirements for the position, including:
1.
The ability to stand for one and two hours at a time.
2.
The ability to lift and hold in position a "STOP" paddle weighing
approximately one pound while holding the opposite hand in an upright,
raised position.
3.
The ability to walk, unassisted, across a street numerous times.
4.
The ability to raise both feet to step over a curb.
5.
The ability to work in adverse weather conditions.
6.
The ability to meet the vision and hearing standards set by the New
Jersey Municipal Excess Liability Joint Insurance Fund.
b.
An individual shall be disqualified from serving as a school crossing
guard if that prospective employee's criminal history record background
check reveals a record of conviction of any of the following crimes
and/or offenses:
1.
In New Jersey, any crime or disorderly persons offense or petty disorderly
persons offense:
(a)
Involving danger to the person, including, but not limited to, those
crimes, disorderly persons offenses and petty disorderly offenses
set forth in N.J.S.A. 2C:11-1 et seq.; N.J.S.A. 2C:12-1 et seq.; N.J.S.A.
2C:13-1 et seq.; N.J.S.A. 2C:14-1 et seq.; and/or N.J.S.A. 2C:15-1
et seq.;
(b)
Against the family, children or incompetents, including, but
not limited to, those crimes and disorderly persons offenses set forth
in N.J.S.A. 2C:24-1 et seq.;
(c)
Involving arson, burglary or theft as set forth in N.J.S.A.
2C:17-1 et seq.; N.J.S.A. 2C:18-1 et seq., and/or N.J.S.A. 2C:20-1
et seq.;
(d)
Involving offenses against public administration, perjury and
other falsification in official matters, obstructing governmental
operations, misconduct in office and/or abuse of office as set forth
in N.J.S.A. 2C:27-1 et seq.; N.J.S.A. 2C:28-1 et seq.; N.J.S.A. 2C:29-1
et seq.; or N.J.S.A. 2C:30-1 et seq.;
(e)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes;
or
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes, disorderly persons
offenses or petty disorderly persons offenses described above.
c.
Furthermore, a crossing guard shall not be a member of the Township's
Police Department.
[Ord. #2389, § I]
Crossing guards shall be under the supervision and direction
of the Chief of Police or another law enforcement officer who the
Chief of Police may designate in his stead.
[Ord. #2389, § I]
Before any crossing guard is appointed, the Chief of Police
or his designee shall ascertain the eligibility of the applicant and
make a report to the Director.
[Ord. #2389, § I]
Crossing guards shall comply with the rules and regulations
applicable to the conduct and decorum of the Township's regular police
officers. However, crossing guards shall not have the right to bear
firearms nor have the power of arrest.
[Ord. #2389, § I]
Pursuant to N.J.S.A. 40A:9-154.2 every crossing guard shall
be trained for the proper performance of his/her duties. Such training
shall consist of a minimum of two hours of traffic control and the
duties and responsibilities of adult crossing guards and a minimum
of 20 hours of field training in which the trainee shall be supervised
by an experienced crossing guard or a regular police officer.
[Ord. #2389, § I; Ord. #2440, § I; Ord.
#2837-12]
Pursuant to N.J.S.A. 40A:9-154.3, and before being assigned
to any post, crossing guards shall be provided with a uniform which
shall identify his/her function and which shall be distinct from the
uniform of a member of the regular Police Department or force. Such
uniform shall include, but not be limited to, a safety vest, a hat,
and stop paddle. All crossing guards, including permanently appointed
crossing guards and alternate crossing guards, shall adhere to this
dress code.
[Ord. #2389, § I]
Pursuant to N.J.S.A. 40A:9-154.4 the Chief of Police or his
designee shall have the right to position crossing guards on any street
or highway within the municipality.
[Ord. #2389, § I]
a.
Procedure. Any school principal of an elementary school, through
his or her designated authority, may request that the Chief of Police
assign a crossing guard to a specific location. Upon receiving such
a request, the Chief of Police shall conduct an investigation to determine
whether such an assignment is necessary and there is available personnel.
It shall be within the Chief's discretion as to whether to assign
a crossing guard to the requested location.
b.
Appeal of Rejection. If the Chief of Police does not make the suggested
assignment, the applicant may appeal to the Board of Commissioners.
Subsequently, the Board of Commissioners may adopt a resolution by
a two-thirds vote of the board which may direct the Chief of Police
to make the requested assignment. However, if the Commissioners adopt
such a resolution, they shall provide the necessary additional personnel.
[Ord. #2389, § I]
Crossing guards shall be on duty three periods a day, morning,
noon, and dismissal times. Sometimes the number of work periods may
vary, depending upon a school's particular needs.
[Ord. #2389, § I]
The Chief of Police or his designee shall maintain a list of
alternate crossing guards who shall be called in to work at a post
whenever additional personnel are deemed necessary by the Chief of
Police or his designee.
[Ord. #2389, § I; Ord. #2440, § I; Ord. No. 2666, § 1; Ord. #2837-12;
Ord. #2891-13]
a.
Salary Ordinance.
[Amended 12-20-2017 by Ord. No. 2981-17; 10-16-2018 by Ord. No. 3000-18]
1.
Computation and payment.
(a)
Retroactive to September 1, 2017, all permanent crossing guards,
those not considered alternates, whenever hired by the Township, shall
be paid an annual salary computed by taking he number of hours worked
per week multiplied by the number of weeks worked in the year, or
portions thereof, to determine the number of hours worked in the year.
(b)
The number of hours to be worked in a workweek shall be those
hours that each crossing guard is required to be at their regular
post, or position of work, which shall be determined by the Chief
of Police not inconsistent with this chapter of the General Ordinances
of the Township of Lyndhurst.
(c)
The work year applicable to all permanent school crossing guards is hereby defined as the full ten-month period of September 1 through June 30 of any given year. The number of hours worked to be used in the calculation made pursuant to Subsection a1(a) hereof shall include all hours which would have otherwise been worked by school crossing guards during all official school breaks (school days off).
(d)
The number of hours worked in any given year shall be multiplied
by the hourly rate paid to school crossing guards as included in the
salary ordinance of the Township. This calculation will determine
and be the annual salary of each permanent school crossing guard.
(e)
The annual salary computed pursuant to Subsection a1(d) hereof shall be paid in equal payroll installments beginning in September and ending in June of any given year. However, the Township may process the payroll covering the first part of September with the second paycheck in September and may process pay for the hours worked during the end of June in the month of July.
(f)
The annual salary determined in Subsection a1(a) hereinbefore set forth shall be determined on or about September 1 of any given year, consistent with the provisions of this section. This annual salary paid to permanent crossing guards may not change due to a reduction or increase in the number of hours that may be required to be worked in any given work year as herein defined. Notwithstanding the foregoing, no permeant crossing guard receiving an annual salary shall be required to work more than an additional 20% of the hours determined by the Chief of Police in any given year, pursuant to Subsection a1(b), without receiving additional compensation.
2.
All alternate crossing guards shall be paid for hours worked on an
hour-for-hour basis. These crossing guards shall not be paid for any
days where school is not in session, unless approved by resolution
of the Board of Commissioners.
3.
Notwithstanding the provisions of Subsection a2 above, the finance office may estimate the number of hours worked, or to be worked, in any given payroll period for any alternate crossing guard, so as to process the crossing guard payroll in an efficient manner as may be solely determined by the Township's financial analyst responsible for processing the payroll or the Township's personnel officer in the absence of the financial analyst.
4.
This Subsection a is effective 20 days after adoption and publication according to law. This Subsection a is retroactive to September 1, 2017. To the extent any retroactive pay is due to any of the permanent crossing guards under this payment procedure, payment will be made paid with the second paycheck in January 2018.
b.
Prerequisites. There shall be no vacation pay or compensation time,
no personal days. Overtime will be at the hourly rate.
c.
Holidays. Crossing guards must work the day before and after a holiday
to get paid.
e.
Uniform allotment. Permanently appointed crossing guards shall receive
$200 for the purchase of uniforms. Alternate crossing guards will
be issued a hat, stop paddle and safety vest. Alternate crossing guards
are not entitled to the $200 allowance for uniforms. Upon permanent
appointment, alternate crossing guards will be entitled to receive
the $200 uniform allotment. All crossing guards (both permanently
appointed and alternate crossing guards) will adhere to the dress
code as provided by the Chief of Police or his designee.
f.
Health and life insurance. Crossing guards are not eligible for the
medical and life insurance packages which the Township provides to
full-time employees.
g.
Sick days. Crossing guards are entitled to five sick days, which
they may accumulate at the rate of one day every two months. Any unused
sick days shall not be carried over into the following school year.
[Amended 3-9-2021 by Ord. No. 3070-21]
h.
Docking of pay. If any crossing guard misses any one of his/her three
shifts during the day, he/she shall be docked 1/2 day. If he/she misses
two shifts, he/she shall be docked accordingly for those hours.
i.
Excessive sick time. The Township reserves the right to review the
employment of any crossing guard that misses more than 10 accumulated
days of work beyond his/her 10 sick days. Crossing guards shall provide
a note as to the reason why he/she is taking off beyond his/her 10
sick days. Crossing guards under review shall be entitled to a hearing
before the Chief of Police. The Township reserves the right to review
any employee who is tardy for a post. The crossing guard will be given
written notice and upon the third tardy placed under review for possible
suspension without pay from the post.
j.
Workers' compensation benefits. All crossing guards including alternates
are entitled to be covered by workers' compensation.
k.
Summer employment. The Township of Lyndhurst reserves the right to
have the crossing guards work in the summer months.
l.
Annual physical examination. The Township reserves the right to require
all crossing guards to submit to a yearly physical/drug screening
test, at its discretion, by a physician of the Township's choice.
[Amended 10-16-2018 by Ord. No. 3000-18]
m.
Conventions and seminars. In addition to the rights of veterans granted
by N.J.S.A. 38:23-2 and any rights granted public employees by any
other statute, the crossing guards will be paid a maximum of five
days per year for time off taken to attend conventions and seminars
which directly relate to their crossing guard service.
n.
Rules of conduct. In addition to the rules of conduct and procedures
set forth in the Township Personnel Ordinance, crossing guards shall
be subject to the following rules regarding course of conduct:
[Amended 10-16-2018 by Ord. No. 3000-18]
1.
Smoking, eating and/or drinking while on duty will not be permitted.
2.
Crossing guards while on duty will not be permitted to sit in their
vehicles.
3.
Courtesy towards the public is demanded; any conduct to the contrary
shall not be tolerated.
4.
Indulgence in lengthy conversations with other persons, thus diverting
attention from the performance of duties, is not permitted.
5.
Assistance shall be rendered and police headquarters notified when
situations occur that are in need of attention.
6.
School crossing guards shall not use obscene, profane, indecent or
improper language and shall conduct themselves in such a manner as
not to cast any criticism or adverse reflection on themselves or the
Department.
7.
Guards shall serve at all times in the best interest of the school
guards division, observing and reporting all matters pertaining to
and concerning its welfare.
8.
Use of a cellular phone and/or other electronic device while on duty
is prohibited unless in case of a emergency.
9.
Sick days are only to be used when actually sick and not when inclement
weather is expected.
[Ord. #2463; amended 5-14-2019 by Ord. No. 3019-19; 1-9-2024 by Ord. No. 3186-23]
[Amended 1-9-2024 by Ord. No. 3186-23]
The emergency medical technicians (EMTs) shall be appointed,
selected and terminated by the Director of the Department of Public
Safety. The term of employment shall not exceed one year and may be
revoked at any time with or without cause by the Director of the Department
of Public Safety. The EMTs shall be considered at-will employees,
serving at the pleasure and discretion of the Director of the Department
of Public Safety.
[Amended 1-9-2024 by Ord. No. 3186-23]
a.
Emergency Medical Service (EMS) Deputy Commissioner.
1.
The EMS Deputy Commissioner is hereby appointed by and serves a renewable
one-year term at the sole discretion of the Director of the Department
of Public Safety.
2.
The EMS Deputy Commissioner oversees and manages all aspects of the
Township's EMS services and reports to the Director of the Department
of Public Safety.
3.
The EMS Deputy Commissioner shall maintain a direct liaison with
the Lyndhurst Police Department through the office of the Chief or
the Chief's appointed representative.
4.
The compensation, if any, for the EMS Deputy Commissioner is set
in the current Township salary ordinance.
5.
The EMS Deputy Commissioner may delegate duties to the Township EMS
Manager or EMTs as needed.
b.
This section permits the Commissioner of the Department of Public
Safety to appoint a paid Lyndhurst Emergency Medical Service (LEMS)
Manager, whose compensation is per the current salary ordinance. The
LEMS Manager may delegate his duties to an EMT when appropriate.
c.
All paid EMS personnel shall be under the supervision and direction
of the EMS LEMS Manager, who reports to the EMS Deputy Commissioner
and to the Commissioner of Public Safety.
[Amended 1-9-2024 by Ord. No. 3186-23]
a.
EMTs will be paid as per the current salary ordinance for hours per
week.
b.
EMTs may work up to 40 hours a week. The Supervisor must approve
any hours over 40. The employee is responsible for notifying the Supervisor
that he/she will be over the forty-hour limit.
c.
Any employee working beyond the forty-hour limit will be entitled
to be paid overtime at 1 1/2 times the hourly rate.
d.
Each employee working as a per diem EMT and accumulating 250 hours
in a calendar year shall receive in January of the following year
a $300 uniform allowance. In addition to the uniform allowance, the
Township shall provide the following items upon hiring and replace
the items on an as needed basis:
e.
All per diem EMTS are of full understanding that they are not full
time employees of the Township and that they are not entitled to benefits
of the full Township employees, including health benefits, vacation
days, sick time, etc.
f.
All per diem EMTs shall submit in writing any and all requests not
to be assigned specific shifts to the Manager at least two weeks in
advance so that the shift can be covered.
g.
All EMTs must punch in when coming on duty and out when leaving for
the day.
h.
Nonpaid holidays for EMTs working per diem hours are as follows:
Christmas Day, Thanksgiving Day, New Year's Day, Labor Day, Memorial
Day and Independence Day. All per diem EMTs shall be entitled to be
paid at 1 1/2 times the hourly rate for all hours worked on these
holidays.
i.
All per diem EMT personnel will be governed by the Drug and Alcohol
Policy as set forth in the Personnel Policy of the Township of Lyndhurst.
j.
All per diem EMTs will be classified as part-time employees of the
Township of Lyndhurst under the salary ordinance.
k.
Retroactive to October 1, 2022, all per diem EMTs will be entitled
to be paid at 1 1/2 times the hourly rate for all hours worked
between 6:00 a.m. on Saturday through 6:00 a.m. on Monday, even if
the technician has not worked beyond the 40 hour limit for overtime.
The supervisor must approve weekend work.
l.
Per diem EMTs working 12 or more hours in a single shift shall be
entitled to a meal stipend of up to $20 with receipt.
m.
All per diem EMTS shall be entitled to the following:
[Added 1-9-2024 by Ord. No. 3187-23]
a.
Creation. There is hereby created the office of "Emergency Medical
Service Manager" within the Department of Public Safety. The Emergency
Medical Service Manager shall be appointed by the Commissioner of
Public Safety and assigned to the Department under which the Commissioner
is the Director.
b.
Powers and Duties. The Emergency Medical Service Manager shall have
the responsibility to:
1.
Perform all duties of an Emergency Medical Technician;
2.
Responsible for the safe operation of the Lyndhurst Emergency Medical
Department;
3.
Manage and oversee the day-to-day operations of the Emergency Medical
Service Department and the Emergency Medical Technicians within the
Department of Public Safety;
4.
Supervise and manage all the Emergency Medical Services facilities
and property, including vehicles and equipment;
5.
Ensure that all ambulances and EMS vehicles are maintained in efficient
operating condition, contain all necessary equipment, all equipment
is clean and disinfected appropriately, ensures that all supplies
are restocked and replaced when used;
6.
Maintain familiarity with specialized equipment used by the Department
and ensures staff is familiar with all equipment;
7.
Direct, coordinate and allocate staffing and other resources;
8.
Identify maintenance, project, operation and supply needs;
9.
Evaluate all departmental operating policies and procedures on a
regular basis and recommend improvements where needed to the Commissioner
and Deputy Commissioner;
10.
In conjunction with the Commissioner and Deputy Commissioner, ensure
training, supervision, scheduling, and evaluation of all Emergency
Medical Technicians and other Emergency Medical Services staff and
provide support and assistance as needed;
11.
Preparation of written reports;
12.
Preparation, review and approval of all patient charts, invoices,
and billing;
13.
Support and perform all other tasks and duties as may be required
by the Commissioner of the Department Public Safety or the Deputy
Commissioner of the Department of Public Safety; and
14.
Will be required to work nights, weekends and some holidays on occasion.
c.
Qualifications. Shall have a minimum of high school degree or equivalent,
at least 10 years' experience as a 911 EMT, five years of experience
as a supervisor or manager, as well as experience in coordination,
planning, scheduling, personnel supervision, record keeping, and report
preparation. The Emergency Medical Service Manager shall have a valid
certification by the State of New Jersey as an EMT, be certified in
cardiopulmonary resuscitation meeting American Heart Association standards;
be certified in pre-hospital trauma life support meting American Heart
Association standards; ICS - 100 and 200 (within six months of employment);
NIMS 700 (within six months of employment); CBERN Awareness (within
six months of employment); hazmat operations (within six months of
employment); hazmat awareness (within six months of employment), and
maintain a valid New Jersey driver's license.
d.
Salary. The Salary for the position shall be a maximum of $85,000
or as reflected in the salary ordinance. An employee may be paid less
than the maximum.
e.
The Emergency Medical Service Manager shall be entitled to the following:
1.
Three hundred dollars uniform allowance;
2.
Three season jackets; rain gear; job shirts; and, long and short
sleeve uniform shirts;
3.
Paid tuition for approved A, B and C Recertification classes;
4.
Straight time pay for attending A, B and C Recertification classes
(up to eight hours per class); and
5.
Free online access to approved elective certification classes.
[Added 1-9-2024 by Ord. No. 3188-23]
a.
Creation. There is hereby created the eight full time positions under
the title of "Emergency Medical Technician" within the Department
of Public Safety. The Emergency Medical Technician shall be appointed
by the Commissioner of Public Safety and assigned to the Department
under which the Commissioner is the Director.
b.
Powers and Duties. The Emergency Medical Technician shall have the
responsibility to:
1.
Respond to Emergency Calls;
2.
Assess patient condition;
3.
Administer emergency medical care or treatment as needed;
4.
Transport patients to medical facilities;
5.
Drive ambulance or other EMS vehicle;
6.
Preparation of written reports;
7.
Check and clean equipment;
8.
Restock and replace used supplies;
9.
Support and perform all other tasks and duties as may be required
by the Commissioner of the Department Public Safety, the Deputy Commissioner
of the Department of Public Safety, or the Emergency Medical Services
Manager;
10.
Will be required to work nights, weekends and some holidays.
c.
Qualifications. The Emergency Medical Technician shall have a minimum
of high school degree or equivalent and two years' experience
as a 911 EMT. The Emergency Medical Technician shall have a valid
certification by the State of New Jersey as an EMT, be certified in
cardiopulmonary resuscitation meeting American Heart Association standards;
be certified in pre-hospital trauma life support meting American Heart
Association standards; ICS - 100 and 200 (within six months of employment);
hazmat awareness (within six months of employment), and maintain a
valid New Jersey driver's license.
d.
Salary. The Salary for the position shall be a maximum of $60,000
or as reflected in the salary ordinance. An employee may be paid less
than the maximum.
e.
EMTS shall be entitled to the following:
1.
Three hundred dollars uniform allowance;
2.
Three season jackets; rain gear; job shirts; and, long and short
sleeve uniform shirts;
3.
Straight time pay for attending A, B and C Recertification classes
(up to eight hours per class);
4.
Free online access to approved elective certification classes; and
5.
Two dollars per hour charge in differential if assigned management
responsibilities while performing said responsibilities.
[Ord. #2441, § I; Ord. #2876-12]
A Length of Service Awards Program (LOSAP) is hereby created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the Lyndhurst Volunteer Fire Department, the Lyndhurst Police Emergency
Squad (LPES), and the Auxiliary Police Department (APD) for their
loyal, diligent and devoted services to the residents of the Township
of Lyndhurst.
[Ord. #2441, § II; Ord. #2876-12]
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets or exceeds the criteria set forth below (subsection 2-25.3); that such contributions shall be made in accordance with a plan that shall be established by the Township of Lyndhurst 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 United States of America Internal Revenue Code, and this section.
[Ord. #2441, § III; Ord. #2876-12]
The LOSAP shall provide for annual contributions to each eligible
member that meets or exceeds the criteria as follows:
[Ord. #2441, § IV; Ord. #2876-12]
The estimated cost of the program has been calculated as follows:
For regular annual services: $69,000.
[Ord. #2441, § V; Ord. #2876-12]
Each active volunteer member shall be credited with points for
volunteer services provided to the volunteer Fire Department, LPES
or APD in accordance with the "Township of Lyndhurst LOSAP Point System"
schedule attached hereto and made part hereof.[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
[Ord. #2441, § VI; Ord. #2876-12]
This section shall take effect on July 1, 2002, provided that
it is approved by the voters as a public question in the next general
election. The referendum question attached hereto was submitted to
the voters of the Township of Lyndhurst at the November 6, 2001, general
election and approved.
[Ord. #2543, § 1]
There is hereby established in the Township of Lyndhurst a Beautification
Commission for the protection, enhancement, and preservation of the
aesthetic appearance of the Township.
[Ord. #2543, § 1]
The Beautification Commission shall consist of seven regular
members and shall not have more than two alternate members. Members
shall be residents of the Township to be appointed by the Board of
Commissioners. The Director of Public Works and the Director of Parks
and Recreation shall oversee and serve as liaison between the Beautification
Commission and the Board of Commissioners.
[Ord. #2543, § 1]
[Ord. #2543, § 1]
The Commission shall annually elect a chairman, vice chairman
and select a secretary.
[Ord. #2543, § 1]
a.
Creation and Purpose of Commission. There is hereby established an
Enforcement Commission which shall be comprised of three members of
the Beautification Commission. The members of the Enforcement Commission
shall be appointed by the Board of Commissioners. The Enforcement
Commission shall be charged with the enforcement of any Township ordinances
relating to the beauty and aesthetics of the Township.
b.
Term of Office. Members of the Enforcement Commission shall serve
for a period of two years, effective from the date of appointment.
[Ord. #2543, § 1]
a.
Creation and Purpose of Committees. The Beautification Commission
shall have the authority to create, administer, or cause to be created
and administered, any number of committees necessary to accomplish
any projects with the approval of the Director of Public Works and
the Director of Parks and Recreation.
b.
Officers. The chairman of the Beautification Commission shall appoint
a member of the Beautification Commission to serve as chairperson
of any committee so created, and shall oversee and report to the Director
of Public Works and Director of Parks and Recreation as to the progress,
needs, and development of any projects engaged by a committee.
[Ord. #2543, § 1]
The Beautification Commission shall have the responsibility
to:
a.
Seek out, initiate, and encourage civic beautification projects.
b.
Obtain and disseminate, on a Township-wide basis, information pertaining
to civic beautification.
c.
In general, institute, foster, and support such programs, undertakings,
and projects as shall cause, within the citizens of the Township of
Lyndhurst, a sense of pride in the aesthetic aspects of their community.
d.
Raise funds to offset its operational costs. All expenditures shall
first be approved by the board of commissions and all money so raised
turned over to the Department of Revenue and Finance.
[Ord. #2544, § 1]
There is hereby established sex offender residency restrictions
for the purpose of prohibiting convicted sex offenders from residing
or living near areas where children regularly meet and congregate.
It is in the best interests of residents of the Township to adopt
regulations in addition to those enacted by the State of New Jersey
regarding convicted sex offenders, so as to protect the health, safety,
and welfare of the children of the Township.
[Ord. #2544, § 1]
a.
No person over the age of 18 who has been convicted of a violation
of any crime against a minor as listed in N.J.S.A. 2C:7-2, and who
as a result of said conviction is required to register with the proper
authorities pursuant to N.J.S.A. 2C:7-1 et seq., Registration and
Notification of Release of Certain Offenders, shall be permitted to
reside or live within 2,500 feet of any school, park, playground,
day care center or board of education approved bus stop in the Township
of Lyndhurst.
b.
A person who resides or lives within 2,500 feet of any school, park,
playground, day care center or board of education approved bus stop
in the Township of Lyndhurst shall have 60 days from receipt of written
notice of the prohibition set forth herein to move. Failure to move
to a location which is in compliance with this section within that
time period shall constitute a violation of this section.
c.
This section shall not apply to a person who has established a residence
prior to July 1, 2005.
[Ord. #2544, § 1]
This section may be enforced by a police officer of the Township
of Lyndhurst.
[Ord. #2544, § 1]
Any violation of this section shall be punishable by a fine
not exceeding $1,250; imprisonment for a term not exceeding 90 days;
and a period of community service not exceeding 90 days.
[Ord. #2551, § 1]
There is hereby established in the Township of Lyndhurst a Water
Commission to provide advice and assistance to the Board of Commissioners
with respect to the facilities, operating procedures, services, and
billing practices of the Township's water utility company, and payments
for such services by the Township.
[Ord. #2551, § 1]
The Water Commission shall consist of five regular members and
may not have more than two alternate members. There shall be three
members of Class A and two members of Class B as follows:
a.
Class A: the Mayor, the Director of the Department of Public Works,
and the Superintendent of the Department of Public Works.
b.
Class B: citizens of the municipality who shall hold no other municipal
office, position, or employment, except for membership on the Planning
Board or Board of Adjustment.
c.
Alternate members shall meet the qualifications of Class B members.
[Ord. #2551, § 1]
a.
The Mayor shall appoint all members of the Commission and shall designate
at the time of appointment the regular members by class and the alternate
members, if any, as "Alternate No. 1" and "Alternate No. 2".
b.
All members of the Commission shall be appointed for three year terms,
effective from the date of appointment.
c.
A vacancy occurring otherwise than by expiration shall be filled
by the Mayor for an unexpired term only.
[Ord. #2551, § 1]
The Commission shall annually elect a chairman, vice chairman
and select a secretary.
[Ord. #2551, § 1]
The Commission shall create rules and procedures for transaction
of its business subject to the following requirements:
a.
A quorum for the transaction of business shall consist of three of
the Commission's members, including the chairman or, in his or her
absence, the vice chairman.
b.
The secretary shall keep minutes and records of all meetings and
proceedings, including voting records, attendance, resolutions, findings,
determinations, and recommendations. All such material shall be public
records.
c.
All meetings shall comply with the Open Public Meetings Act. (N.J.S.A.
10:4-6 et seq.)
d.
Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of a regular
member. 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 No.
1 shall vote.
e.
No member of the Water Commission shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest.
f.
A member of the Water Commission may (after public hearing if he
or she requests it) be removed by the governing body for cause.
[Ord. #2551, § 1]
The Water Commission members shall serve without compensation
but shall be reimbursed for expenses incurred in the performance of
official business.
[Ord. #2551, § 1]
Expenditures pursuant to this section shall not exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for the Commission's use. The Commission may recommend to the governing
body contracting of experts and other staff and services as it shall
deem necessary. The Commission shall obtain its legal counsel from
the Township Attorney at the rate of compensation determined by the
governing body.
[Ord. #2551, § 1]
The Water Commission shall have the responsibility to:
a.
Review any and all records relating to the delivery of water service
by the Township's water utility company and payment for such service.
b.
Advise the governing body with regard to the following: installation,
use, operation, and maintenance of all facilities in connection with
the delivery of water service by Township's water utility company
in the Township; the manner in which such water service is delivered;
and the billing practices of the water utility company and payments
in connection therewith by the Township.
c.
Consult with the Township Engineer, Tax Collector/Treasurer/Chief
Financial Officer and other Township officials and professional consultants
when appropriate and necessary.
d.
Make recommendations to the governing body to improve the delivery
of water service to the Township; billing practices and procedures
to ensure that invoices received by the Township from the water utility
company are proper, and that payments made by the Township are properly
credited; and procedures relating to the maintenance of water service
facilities.
e.
Provide written reports when requested by the governing body.
f.
Provide such other advisory and informational functions so as to
enhance the delivery of water service to the Township, and the Township's
satisfaction of its financial obligations in connection therewith.
[Ord. #2615, § 1]
There is hereby established a municipal utility for the purpose
of operating, maintaining and preserving the sanitary sewer facilities
owned and operated by the Township of Lyndhurst, as well as any additional
systems that may be acquired or constructed.
[Ord. #2615, § 2]
The name by which the utility shall be known is the "Township
of Lyndhurst Sewer Utility," hereinafter referred to as the "Sewer
Utility."
[Ord. #2615, § 3]
The Sewer Utility shall (A) be responsible for the operation and maintenance of the Township of Lyndhurst's sewerage system, (B) be empowered to make such improvements as may be necessary thereto and issue bonds in connection therewith, (C) have the authority to establish, charge and collect fees for connections, usage and services for direct or indirect use of the sewerage system and (D) have all such other powers and duties as may be specified and prescribed in Title 40A, Chapters 4 and 26A of the New Jersey Statutes Annotated, as amended, and other applicable law.
[Ord. #2615, § 4]
For the purposes of financial operations and more specifically
for the purposes of accounting for revenues and expenditures of the
sewer utility, said financial operation shall be specifically in accordance
with N.J.S.A. 40A:4-33, N.J.S.A. 40A:4-34 and N.J.S.A. 40A:4-35.
[Ord. #2728, § 1]
There is hereby created and established a municipal utility
for the purpose of operating and maintaining the Lyndhurst Community
Pool located at Lyndhurst High School, and any additional pools or
aquatic facilities that may be acquired or constructed by the Township
(hereinafter collectively referred to as "the community pool").
[Ord. #2728, § 2]
The name by which the utility shall be known is the "Township
of Lyndhurst Community Pool Utility," (hereinafter referred to as
the "utility").
[Ord. #2728, § 3]
The utility shall have the following powers and authority to:
a.
Operate, manage, and maintain the community pool.
b.
Make such improvements, renovations or repairs as may be necessary
and issue bonds in connection therewith.
c.
The power and authority to establish charges and collect fees for
the use of the community pool and facilities in connection therewith.
d.
All other such powers, authority and responsibilities as may be specified
and prescribed by law.
[Ord. #2728, § 4]
The financial operations of the utility, including accounting
for revenues and expenditures, shall be in accordance with the Local
Budget Law, N.J.S.A. 40A:4-1 et seq.
[Ord. #2664]
The Township Clerk shall be the custodian of the public government
records held or controlled by the Township of Lyndhurst. Access to
such records shall be in accordance with the New Jersey Open Public
Record Act ("OPRA"), N.J.S.A. 47:1A-1 et seq.
[Ord. #2664]
The Township Clerk shall adopt a form for requests for public
government records held or controlled by the Township. The forms shall
be in accordance with N.J.S.A. 47:1A-5(f).
[Ord. #2664]
A copy or copies of a public government record of the Township
may be purchased by any person upon payment of the fee prescribed
by law or regulation or if a fee is not prescribed by law or regulation,
upon payment of the actual costs of duplicating the record shall be
in accordance with the fees established pursuant to N.J.S.A. 47:1A-5(b).
The Township Clerk shall have the authority to charge fees in excess
of the rates established by N.J.S.A. 47:1A-5(b) if the actual costs
of duplicating the record exceeds those rates.
[Ord. #2845-12]
The following terms used in this section shall be defined as
set forth in this subsection. Any term that is not defined in this
subsection shall be defined in accordance with the provisions of the
New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., and the cases
decided thereunder.
Shall mean any civil or administrative action that is pending
in: (i) the New Jersey Supreme, Superior, or Tax Courts; (ii) the
Courts of the United States; (iii) any other court of competent jurisdiction;
and (iv) any state or federal administrative body or agency, and that
is arising out of and directly related to an official's lawful exercise
of his or her authority or duty in the furtherance of the official's
authority or duty.
Shall mean any written or oral expression of the intent of
any person to prosecute a criminal offense, institute a criminal proceeding,
or file a civil suit or action against any Township official, either
in the Township official's official or individual capacity, for acts,
omissions, or events arising out of, or connected, directly or indirectly,
with the performance of the Township official's duties.
Shall mean any offense that is defined as a crime in the
United States or New Jersey Criminal Codes, as well as all quasi-criminal
offenses whether defined by federal or state laws or regulations,
or any county or municipal ordinance.
Shall mean any criminal, quasi-criminal, or other law enforcement
proceeding that is pending in any state or federal court, regarding
a criminal offense arising out of and directly related to the Township
official's lawful exercise of his or her authority or duty in the
furtherance of the official's authority or duty.
Shall mean the Board of Commissioners of the Township of
Lyndhurst.
Shall mean the Township of Lyndhurst.
Shall mean the Attorney for the Township of Lyndhurst.
Shall mean all appointed or elected officials, employees,
agents, officers, and volunteers of the Township.
[Ord. #2845-12]
The Township shall, upon timely notification and request as
provided herein, provide for the defense of any investigation, action,
suit or proceeding, commenced or threatened, (hereinafter collectively,
"proceedings") whether civil, administrative or investigative, including
cross-claims, counterclaims or cross-actions (hereafter, "defense"),
against a Township official, on account of any act or omission arising
out of or within the scope of his or her employment, office or elective
or appointive position with, for or on behalf of the Township (hereinafter
collectively, his or her "employment"), except as otherwise provided
herein.
[Ord. #2845-12]
The defense of any such proceedings shall include all reasonable
costs associated therewith, including legal, expert and technical
fees and expenses, together with costs of appeal if an appeal is deemed
necessary and appropriate by the Township Attorney in his or her reasonable
discretion; and the Township shall indemnify, defend, save harmless
and protect its official from any financial loss resulting therefrom,
except as otherwise provided herein.
[Ord. #2845-12]
The Township will not provide a defense for Township officials
who are charged with criminal offenses. The governing body may, however,
authorize the Township to reimburse the Township official for the
reasonable cost of the defense of a criminal proceeding, including
investigation, costs, and reasonable legal fees, as further defined
in this section, provided that the criminal proceeding is dismissed
or is finally determined in favor of the Township official.
[Ord. #2845-12]
The governing body, with the advice of the Township Attorney,
shall determine what costs, expenses, and legal fees are reasonable
under the facts and circumstances of each case in which a Township
official is a party. For purposes of this indemnification policy,
the Township only will pay or indemnify the Township official for
legal fees that are based on reasonable hourly rates, and will not
pay retainers to attorneys or investigators. The governing body will
determine, on a case-by-case basis, the reasonable hourly rate to
be paid to the legal counsel who is retained by a Township official
as authorized by this section.
[Ord. #2845-12]
The defense provided herein shall include the indemnification
of the official and shall save him or her harmless from financial
loss resulting from any proceeding described herein, including claims,
losses, expenses, judgments, damages, fines, attorney and any other
expert and technical fees, court costs, witness fees, transcript costs
and any amount paid in settlement thereof and actually and reasonably
incurred in connection therewith, to the extent provided by law, except
as otherwise provided to the contrary herein. Expenses thus incurred
may be paid in advance of final deposition of the action.
[Ord. #2845-12]
Any defense to any proceeding covered by virtue of this section
shall be provided by attorneys and other personnel and service providers
selected by the Township or its insurance carriers.
[Ord. #2845-12]
To the extent that any defense in any covered proceeding is
provided by or pursuant to any policy of insurance contracted by the
Township or available to any other party, the official requesting
and to whom the defense is to be provided shall be subject to all
the requirements and restrictions of said policy of insurance to the
same extent as is the Township. In the event that any official incurs
any costs, fees and expenses without the prior written approval of
the Township, such liability so incurred shall be the sole responsibility
of the official and additionally, the Township shall have no obligation
to indemnify and save harmless the said official in the applicable
proceeding.
[Ord. #2845-12]
An official shall not be entitled to defense, indemnification
and save harmless hereunder unless, within 10 days of the time such
official is served with any subpoena, notice, demand, summons, complaint,
order to show cause or pleading, he or she delivers the same or an
accurate and complete copy thereof to the Township Clerk, whereupon
it shall be the duty of the Township Clerk to forthwith notify the
governing body, and the Township Attorney thereof, provided that such
time period may be extended for good cause by a duly adopted resolution
of the governing body, and be it further provided that this notification
requirement shall not be operative against any official in any currently
pending proceeding of which the Township is on actual notice.
[Ord. #2845-12]
Any official requesting and to whom defense, indemnification
and save harmless is to be provided shall cooperate fully and in good
faith with the Township, its attorneys, insurers, adjusters, investigators,
experts and technical personnel engaged for this purpose, in the preparation
and conduct of the defense or settlement or other disposition in any
proceeding. If such official shall neglect, fail or otherwise impede
or refuse to cooperate as aforesaid, which decision thereof shall
be in the sole discretion of the governing body, the governing body,
on 10 days' written notice to the official and opportunity to be heard,
may for cause, declare all rights and benefits created hereunder for
the benefit of such official to be forfeited and terminated by affirmative
vote of the governing body.
[Ord. #2845-12]
An official shall not be entitled to defense, indemnification
and save harmless in any proceeding in the following events or circumstances:
a.
In any tenure, disciplinary action, suspension, termination, licensure
or (de)certification affecting a proceeding brought by the Township
against the official;
b.
In any tenure, disciplinary action, suspension, termination, licensure
or (de)certification affecting a proceeding brought by any other governmental
unit or agency against the official;
c.
In the defense of any proceeding, including indemnification, save
harmless, judgments or settlements based upon what the governing body
has determined, upon 10 days' written notice to the official and opportunity
to be heard, that the proceeding is based upon a criminal offense,
actual fraud, malice, wrongful or gross misconduct, or an intentional
or wrongful act or omission, or did not arise out of or in the scope
of his or her duties, office or employment by or with the Township.
d.
In the payment of punitive or exemplary damages, unless the governing
body first determines, upon 10 days' notice to the official and opportunity
to be heard, that the official's acts or omissions did not constitute
actual fraud, actual malice, gross misconduct, and intentional tort
or that involves a substantial and material violation of the Local
Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., as same may be,
from time to time, amended;
e.
In any defense of, indemnification for, and save harmless from professional
malpractice;
f.
In the event that any defense in any proceeding is refused or terminated
by the governing body, as set forth in this section, for failure of
the official to abide thereby or act in compliance therewith; and
g.
In the event that any insurance coverage is available for payment,
in whole or in part of the defense, indemnification and save harmless
of the official in any proceeding, to the extent of the said insurance
coverage.
h.
If the action or proceeding has been brought by the Township itself
against the official.
i.
If the official has failed to substantially cooperate with the Township
and its agents, servants, attorneys, and employees in connection with
the matter.
[Added 1-11-2022 by Ord. No. 3096-21]
a.
Creation. There is hereby created the office of "Human Resources
Specialist/Assistant CFO" for the Township. The Human Resources Specialist/Assistant
CFO shall be appointed by the Commissioner of Revenue and Finance
and assigned to the Department under which the Commissioner is the
Director.
b.
Powers and Duties. The Human Resources Specialist (HR) will have
the responsibility for providing operational services in the areas
of recruitment/placement, classification, performance management,
benefits, employee relations, labor relations, employment development
and training. HR position is responsible for handling duties involving
in a wide range of support activities inside the HR Department, from
maintaining our employee database to posting job ads; JIF compliance
and tracking all training. The Human Resources Specialist will be
to act as the liaison between HR and employees, ensuring smooth communication
and prompt resolution of requests and questions.
The Assistant CFO will work closely with the Township's CFO
and will be responsible for financial dealings with the Township,
including all statutory requirements and preparation/oversight of
all financial reporting, including but not limited to payroll, pension
reports, bank reconciliation, accounts payable/receivable, purchasing,
grant and escrow accounts and other general duties as deemed necessary.
[Added 11-21-2023 by Ord. No. 3177-23]
[Added 11-21-2023 by Ord. No. 3177-23]
The Township of Lyndhurst seeks to stimulate and encourage the
development and growth of a varied mixture of appropriate economic
activities within its boarders so as to increase available services;
create additional employment; expand the municipal tax base; improve
and upgrade unused or inappropriately used properties and to provide
for greater financial and economic stability in the future for the
Township and its citizens.
Aside from such general and specific promotional efforts as
may be undertaken, the Township recognizes that there are various
parcels of property located within its boundaries that may be suitable
for development, redevelopment and rehabilitation in a manner contemplated
by the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et.
seq. ("LRHL").
The Board of Commissioners of the Township of Lyndhurst have
determined that the issues and concerns relative to general economic
development and encouragement and the development and redevelopment
of areas which may be deemed to be in need of redevelopment pursuant
to applicable statute, can best be achieved and resolved through the
uniform and coordinated efforts and control of a single municipal
agency established for such purposes.
In order to address such matters and undertake such efforts
the Township of Lyndhurst desires to create a body corporate and public
to be known as the Lyndhurst Redevelopment Agency (hereinafter "Agency")
to serve as the primary municipal agency for the encouragement, promotion
and coordination of appropriate economic activities and expansion
within the Township and as the redevelopment entity which shall be
responsible for the clearance, planning, development and redevelopment
of such areas for the Redevelopment Plans presently existing or may
hereafter be adopted pursuant to applicable statutes.
The Agency shall have such powers as are set forth herein and
in accordance with the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et. seq. ("LRHL").
The Local Finance Board of and the Division of Local Governmental
Services, within the Department of Community Affairs, State of New
Jersey, has approved the creation of the Agency pursuant to N.J.S.A.
40A:5A-4.
[Added 11-21-2023 by Ord. No. 3177-23]
Pursuant to LRHL, the Township of Lyndhurst hereby creates a
body corporate and politic to be known as the Lyndhurst Redevelopment
Agency which shall constitute a redevelopment entity contemplated
and provided for in the aforesaid LRHL as an agency or instrumentality
of the Township of Lyndhurst.
[Added 11-21-2023 by Ord. No. 3177-23]
Pursuant to the LRHL, there shall be seven commissioners of
the Agency to be appointed by the Governing Body of the Township of
Lyndhurst. The terms for these commissioners shall be five years,
except that the first appointees shall be designated as one commissioner
- having a term of one year, one commissioner - having a term of two
years, two commissioners - having terms of three years, one commissioner
- having a term of four years, and two commissioners - having terms
of five years. Each commissioner shall hold office for the term of
his appointment and until his successor has been appointed and qualified.
Vacancies shall be filled in the same manner as the original appointment
for the unexpired term. Of the seven commissioners, no more than two
commissioners shall be officers or employees of the Township.
[Added 11-21-2023 by Ord. No. 3177-23]
A commissioner who is member of the Governing Body shall serve
only a one-year term. All other commissioners shall be appointed in
staggered terms in accordance with this provision. A certificate of
appointment or reappointment of each commissioner shall be filed with
the Clerk. A commissioner shall receive no compensation for his services,
but shall be entitled to reimbursement for actual expenses incurred
in the discharge of his duties, including travel expenses. Four commissioners
shall constitute a quorum for purposes of conducting business and
exercising powers and all other purposes. Action may be taken upon
the affirmative vote of a majority but not by less than four commissioners
present.
[Added 11-21-2023 by Ord. No. 3177-23]
In addition to all such powers as are specifically granted to
the Agency pursuant to N.J.S.A. 40A:12A-1 et. seq., and as may otherwise
be generally allowed pursuant to other applicable statutes, the Agency
shall also have the power to:
a.
Inquire into, survey and publicize the extent, advantages and utility
of vacant land and other dormant and underutilized properties of the
Township.
b.
Classify such land and properties according to its adaptability for
the establishment and development thereon of various types of economic
activities.
c.
Study and analyze business trends, requirements and developments
to ascertain the opportunities for economic expansion in the Township.
d.
Advertise the business advantages and opportunities and the availability
of suitable sites and facilities in the Township and otherwise initiate
and pursue appropriate efforts to encourage and accomplish economic
development and expansion within the Township.
e.
Cooperate with other Township departments, agencies, committees and
local civic organizations to promote, encourage and assist economic
development within the Township.
f.
Arrange for the sale or lease of the Township's vacant lands
to businesses whose location thereon is best calculated, in the judgment
of the Agency, to advance the interests of the Township and of its
citizens.
g.
Exercise such other powers as may be reasonably necessary and appropriate
to accomplish its purposes and goals in accordance with applicable
laws and regulations.
[Added 11-21-2023 by Ord. No. 3177-23]
Regular meetings of the Agency shall be held at least once per
month at such time and on such date as may be fixed by a quorum of
the commissioners at the Council Meeting Room, Lyndhurst Town Hall,
367 Valley Brook Avenue, Lyndhurst, New Jersey 07071. The regular
meetings of the Agency shall be subject to change from time to time
as the chairman of the Agency deems necessary. Notice of the meetings
shall be provided in accordance with the New Jersey Open Public Meetings
Act, N.J.S.A. 10:4-6 et. seq.
[Added 11-21-2023 by Ord. No. 3177-23]
The Rules and Decorum of the Meetings shall be in accordance with the Rules and Decorum of Public Meetings as set forth in Township of Lyndhurst Code § 2-2.4.
