[Amended 11-22-71 by Ord. No. 71-1-Q; 6-28-76 by Ord. No. 76-174-B[1]; 4-26-82 by Ord. No. 82-453; 8-27-90 by Ord. No. 90-45; 1-21-97
by Ord. No. 97-1; 2-9-98 by Ord. No. 98-4; 7-26-99 by Ord. No. 99-21]
The administrative functions, powers and duties of the municipality
are hereby allocated and assigned as follows:
A.
Department of Administrative Services.
B.
Department of Finance.
C.
Department of Law.
D.
Department of Public Safety.
E.
Department of Health and Welfare.
[Amended 2-9-98 by Ord. No. 98-4]
F.
Department of Recreation, Parks, and Community Services.
[Deleted 1-21-97 by Ord. No. 97-1]
G.
Department of Planning and Engineering.
[Added 8-14-78 by Ord. No. 78-3; amended 4-24-89 by Ord. No. 89-12]
H.
Clerk.
I.
Tax Assessor.
J.
Department of Parks and Public Works.
[Added 8-10-87 by Ord. No. 87-861; amended 7-26-99 by Ord. No. 99-21]
K.
Department on Aging.
[Added 8-29-90 by Ord. No. 90-45]
[1]
Editor's Note: Ordinance No. 76-174B also provided for the
repeal of those provisions establishing the Department of Recreation
and Parks (Sec. 2-18 of the former Revised General Ordinances) as
they were added 11-22-71 by Ord. No. 71-1-Q and amended 1-28-74 by
Ord. No. 73-1-CC; 6-9-75 by Ord. No. 75-220; 8-25-75 by Ord. No. 75-220-A;
9-22-75 by Ord. No. 75-1-EE; 9-22-75 by Ord. No. 75-1-FF.
[Added 4-10-78 by Ord. No. 78-3]
A.
Due to the fact that smoking is a major cause of disease, disability,
public nuisance and irritation to smokers and nonsmokers alike, it
is hereby provided that smoking shall be prohibited at all meetings
of all Township boards, agencies, commissions and other bodies, to
which meetings the public has been invited. Notices shall be posted
at all such meetings and on announcements of such meetings indicating
the following: "Smoking not permitted during meetings of East Brunswick
boards, commissions and agencies."
B.
Any violation of this section shall result in a fine of not more
than $25.
[Added 12-14-98 by Ord. No. 98-35]
DEFINITIONS
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A.
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CANDIDATE — Any individual seeking election to a
public office of the federal government, state, county, municipality,
school district or political organization at an election.
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B.
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CONTRIBUTION — Includes all loans and transfers of
money or other thing of value to or by any candidate, elected official
or political organization and all pledges or other commitments or
assumptions of liability to make any such transfer. Contributions
shall be deemed to have been made upon the date when such commitment
is made or liability assumed.
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C.
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POLITICAL ORGANIZATION — Means any two or more
persons acting jointly, or any corporation, partnership or any other
incorporated or unincorporated association which is organized to,
or does, aid or promote the nomination, election or defeat of any
candidate or candidates for federal, state, county, municipal or school
board office. A Political Organization includes, but is not limited
to, organizations otherwise defined as a political committee, a joint
candidates committee, and legislative leadership committee.
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D.
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MUNICIPALITY — This municipality and any officer,
department, board, commission or agency thereof.
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E.
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MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE — Any
person holding elective municipal office or holding an appointed position
in the municipal government, or in any agency, commission, board or
office thereof, whether the position is full time or part time, compensated
or uncompensated; and any employee of municipal government or in any
agency, commission, board or office thereof, whether the position
is full time or part time.
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F.
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SOLICIT — To seek by oral or written communication
a Contribution as same is defined herein.
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G.
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PROPERTY OF THE MUNICIPALITY — Buildings, land,
vehicles, phones, fax machines, computers or other office equipment
or supplies and other real or personal property owned, leased or controlled
by the municipality, except for public roads and open park land and
public recreational facilities regularly made available for public
use.
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GENERAL REGULATIONS
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A.
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Prohibition Against Soliciting or Accepting Political Contributions
on Public Property.
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(1)
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No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any contribution
for any candidate, elected official or political organization while
in or on the Property of the Municipality or utilizing the Property
of the Municipality.
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B.
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Prohibited Forms of Fundraising.
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(1)
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Prohibited forms of fundraising shall include but are not limited
to:
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(a)
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Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
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(b)
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Soliciting or accepting contributions using personal telephones
while on the Property of the Municipality. This prohibition shall
not include the use of private cellular telephones in private automobiles
which are parked or traveling on municipal property.
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(c)
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Soliciting or accepting contribution through the use of publicly
owned computers or privately-owned personal computers while on the
Property of the Municipality.
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(d)
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Using municipal letterhead to solicit or accept contributions.
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(e)
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Sending correspondence which solicits contributions. This prohibition
shall not apply to the depositing of United States Mail in United
States Postal boxes which are located on municipal property.
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(f)
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Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the Property of the Municipality.
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(g)
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Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
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C.
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Reporting Requirements. It shall be the responsibility of any
employee, appointed, or elected official who observes any prohibited
forms of fundraising to report such conduct to the municipal ethics
board, if one exists, or in the alternative, to the municipal prosecutor
and the municipal clerk who shall report same to the governing body.
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D.
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Whistleblower Provision. It shall be unlawful for any employee,
elected official or appointee to be dismissed, reprimanded, retaliated
against or otherwise intimidated for complying with the reporting
requirements mandated by this Ordinance.
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E.
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Violation. Violation of any provision of this Ordinance shall
be punished by a period of community service not exceeding 90 days
or imprisonment in the county jail for a term not exceeding 90 days
or a fine not exceeding $1,000.
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[Amended 4-26-82 by Ord. No. 82-453; 9-27-10 by Ord. No. 10-22]
Editor's Note: This section also contained provisions establishing the Planning Board and Zoning Board of Adjustment as they were amended 1-22-68 by Ord. No. 67-1-E; 12-9-68 by Ord. No. 68-1-F; 9-28-70 by Ord. No. 70-1-K; 11-26-73 by Ord. No. 73-1-Z; 12-26-73 by Ord. No. 73-1-BB; 6-27-77 by Ord. No. 77-1-HH. These provisions were deemed superseded by Ord. No. 76-174-B which provided that the Planning Board would be established as part of the Division of Development Services within the Department of Administrative Services and that the Zoning Board of Adjustment would be established as part of the Division of Code Management Services within the Department of Administrative Services. Accordingly, the provisions on the Planning Board as amended, are now § 132-4, and the provisions on the Zoning Board of Adjustment, as amended are now § 132-16.
In addition to the departments and positions provided for in § 3-47, there shall be the following statutory agencies which are not assigned to any department:
A.
Free Public Library. Pursuant to the provisions of N.J.R.S. 40:54-1
et seq. the Free Public Library shall be governed by a Board of Trustees
which shall consist of nine members, one of whom shall be the Mayor,
one of whom shall be the Superintendent of School and seven citizens
to be appointed by the Mayor, at least six of whom shall be residents
of the municipality. The initial terms of the five citizens shall
be for terms of one, two, three, four (4) and five years respectively,
as they may be selected by the Mayor, except that the sixth and seventh
members shall have terms of five years each. Upon the expiration of
the term of office of any of the citizen Trustees, the Mayor shall
appoint a citizen for a term of five years in the same manner as the
original appointment was made. Vacancies occurring in the Board of
Trustees shall be filled for the unexpired term only.
[Amended 6-27-66 by Ord. No. 66-1-C; 6-12-89 by Ord. No. 89-32]
[Amended 4-23-73 by Ord. No. 73-1-U; 7-8-91 by Ord. No. 91-80; 1-21-97 by Ord. No. 97-1; 10-5-09
by Ord. No. 09-23]
A.
Powers. There shall be a Municipal Court in the Township pursuant
to the provisions of N.J.R.S. 2A:8-1, as amended and supplemented
to be known as the "Municipal Court of East Brunswick Township, Middlesex
County." The Municipal Court shall have a seal which shall bear the
impress of the name of the Court. The Court shall be held in the East
Brunswick Civic Center, 575 Ryders Lane, or such other place as the
Council shall designate from time to time by resolution, and shall
exercise all of the functions, powers, duties and jurisdictions conferred
upon municipal courts by the provisions of N.J.R.S. 2A:8-1, as amended
and supplemented, or any other law.
B.
Municipal Judge.
[Amended 1-21-97 by Ord. No. 97-1; 10-5-09 by Ord. No. 09-23]
(1)
There shall be a Municipal Judge, and where necessary a second Municipal
Judge, of the Municipal Court, appointed by the Mayor with the advice
and consent of the Council, who shall serve for a term of three years
from the date of appointment and until a successor shall be qualified
and appointed.
(2)
If necessary, a third special Municipal Judge of the Municipal Court
may be appointed by the Mayor with the advice and consent of the Council,
who shall serve for a term of three years from the date of appointment
and until a successor shall be qualified and appointed.
[Amended 10-5-09 by Ord. No. 09-23]
C.
Municipal Court Administrator.
[Amended 7-8-91 by Ord. No. 91-80]
(1)
There shall be an Administrator of the Municipal Court and, where
necessary, Deputy Clerks, appointed by the Council. The Municipal
Court Administrator shall serve for a term of two years from the date
of his appointment and until his successor is appointed and qualified.
The Term of each Deputy Court Clerk shall be set by the resolution
appointing him but shall not exceed two years.
(2)
The duties of the Municipal Court Administrator and Deputy Clerks
shall include, but shall not be limited to:
(a)
Carrying out the rules, regulations, policies and procedures
relating to the operation of the Court.
(b)
Interviewing and speaking to prospective complainants, receiving
complaints and dispensing information relating to Court matters.
(c)
Maintaining the financial records of the Court.
(d)
Attending Court, taking minutes of the trials and entering them
in the docket; arranging trial calendars; signing Court documents;
and preparing and issuing warrants and commitments.
(e)
Taking and preparing bail bonds, making inquiry as to their
sufficiency and equity; and receiving and accounting for fines and
costs.
(f)
Interviewing persons on informal police Court matters to determine
if there is a basis for formal action and, if necessary, issuing summonses
requiring Court appearances in this regard; and maintaining and classifying
records and files.
(3)
Before entering upon the duties of his office, each Municipal Court
Administrator and Deputy Clerk shall enter into bond as required by
law.
A Business Administrator, with such qualifications as are provided
by the charter, shall be appointed by the Mayor with the advice and
consent of the Council. He shall serve during the term of office of
the Mayor appointing him and until the appointment and qualification
of his successor. The Mayor may, in his discretion, remove any Business
Administrator after notice and an opportunity to be heard. Prior to
removing a Business Administrator, the Mayor shall first file written
notice of his intention with the Council, and such removal shall become
effective on the 20th day after the filing of such notice unless the
Council shall, prior thereto, have adopted a resolution by a two-thirds
vote of the whole number of the Council disapproving the removal.
Under the direction and supervision of the Mayor, the Administrator
shall:
A.
Serve as chief of staff to the Mayor.
B.
Supervise the management, planning and operations of all departments,
provided that such supervision shall not extend to the exercise of
the control function in the management of the finances of the municipality,
which shall be exercised by the Director of the Department of Finance.
C.
Prescribe and enforce rules and regulations for the efficient management
of the municipal government not inconsistent with the charter and
Code.
D.
Coordinate the operation and administration of the various departments,
divisions, officers and agencies of the municipal government.
E.
Maintain a continuing review and analysis of budget operations, work
programs and costs of municipal services.
F.
Perform such other duties as the Code may require or as the Council
may otherwise prescribe.
G.
Assign and transfer employees temporarily from one department to
another as efficient administration may require.
Each department shall have such officers and employees with
such compensation and employment rights as shall be authorized by
the charter, Code or other ordinance.
[Added 12-8-75 by Ord. No. 75-1-HH; 9-27-10 by Ord. No. 10-22]
The following municipal agencies are affected by the Open Public Meetings Act, Chapter 231 of the Public Laws of 1975 and, as such, are subject to all sections of this chapter which govern public meetings, agenda meetings procedure, special meetings and related matters, including §§ 3-5 and 3-7, as revised:
Editor's Note: See N.J.R.S. 10:4-6 et seq.
