Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
West Caldwell is governed under the Borough form of government outlined in Chapter 60 of Title 40A of the New Jersey Statutes Annotated. The Administrative Chapter has been drafted in conformity with the Borough law and in many instances, provisions have been restated in the code. Other enabling laws pertaining to the Administrative Chapter are Police Department; N.J.S.A. 40A:14-118, N.J.S.A. 40A:14-7; Fire Departments; N.J.S.A. 2A:9-7 et seq., Municipal Court; N.J.S.A. 40:55D-69, Zoning Board of Adjustment; N.J.S.A. 40:55D-23, Planning Board; N.J.S.A. 26:3-1 et seq., Board of Health; N.J.S.A. 40:48-2 and 40:55D-27, Environmental Advisory Committee; and N.J.S.A. 40:8-107 et seq., Local Assistance Board. Other authority to regulate the internal affairs of the township is contained in N.J.S.A. 40:48-2.
For statutes requiring the taking of oaths of office and requiring bond of certain officers and employees, see Local Fiscal Affairs Law, N.J.S.A. 40A:5-33 et seq.
For salary grades and ranges, wages, compensation and fees of all officers and employees of the township, see annual salary ordinances of the township. Such ordinances are not included in these Revised Ordinances, but are saved from repeal. See Adopting Ordinance.
[1993 Code § 6-1]
The elected officials of the Township shall be a Mayor and six Councilmembers.
[1993 Code § 6-2]
a. 
The term of office of all elected officers shall begin at 12:00 noon on January 1 next after their election.
b. 
The Mayor shall hold office for four years and until his successor shall have qualified.
c. 
The Councilmembers shall hold office for three years and until their successors shall have qualified.
Their terms shall be arranged so that the terms of two Councilmembers shall expire at the end of each year.
[1993 Code § 6-3]
a. 
Mayor and Council. Whenever the Mayor or members of Council shall file written resignations with the Township Clerk, the office of Mayor or a member of Council shall be deemed vacant. The office of Mayor or a member of Council shall also be deemed vacant:
1. 
Upon its being so declared by virtue of a judicial determination.
2. 
Upon the death of the Mayor or a member of Council.
3. 
Upon a determination of the other members of the Council that the Mayor or a member of Council no longer resides within the corporate limits of the municipality or ward from which he was elected.
4. 
Upon the refusal of the Mayor or member of Council to qualify or serve.
5. 
Upon a judicial determination that the Mayor or member of Council shall have become physically or mentally incapable of serving.
6. 
Upon the filing of a written resignation with the Township Clerk/Administrator by the Mayor or a member of Council, except a resignation filed following the filing of a recall petition.
7. 
Whenever the Mayor, when required by law to attend meetings of the Governing Body, or a member of the Council fails to attend and participate in any meetings of the Governing Body for a period of eight consecutive weeks without being excused from attendance by a majority of the members of the Council, at the conclusion of such period; provided, however, that the Governing Body may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness.
8. 
Upon a determination that the office comes within the purview of N.J.S.A. 19:3-25.
b. 
Whenever a vacancy occurs as provided in paragraph a above in the office of the Mayor or in the membership of the Council of the township the vacancy shall be filled in the following manner:
1. 
If the vacancy occurs any time subsequent to September 1 of the next-to-the-last year and up to the expiration of the term of the officer whose office has become vacant, the office shall be filled for its unexpired term by appointment by the Governing Body as hereinafter provided.
2. 
If the vacancy occurs at any other time, the vacancy shall be filled for its unexpired term at the next general election to be held not less than 60 days after the occurrence of the vacancy. The Governing Body may fill the vacancy temporarily by appointment as hereinafter provided.
3. 
An appointment to fill a vacancy in the office of Mayor shall be by a majority vote of the entire membership of the Governing Body.
4. 
An appointment to fill a vacancy in the membership of Council shall be by a majority vote of the remaining members of the Council.
[1993 Code § 6-4]
a. 
There shall be appointed a Township Clerk/Administrator, Tax Collector, Treasurer, Assessor, Engineer, Attorney and such other officers as the Council may deem necessary. They shall perform the duties required by law and the ordinances of the Township. Residence in the township shall not be required for any officer.
b. 
No officer shall be removed without an opportunity to be heard.
c. 
Unless sooner removed, they shall hold office for the time periods provided by statute or this chapter. Where no time period is so provided, they shall hold office for one year and until their successors shall have qualified.
[1993 Code § 6-5]
Except as otherwise provided by the laws of this state, the Mayor shall nominate and with the advice and consent of the Council, appoint all officers directed to be appointed, including the filling of vacancies in all appointive offices which shall be for the unexpired term only. The Mayor shall make such nomination within 30 days after the office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then after the expiration of 30 days the Council shall appoint the officers directed to be appointed. No appointments shall be made except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for that purpose, the Mayor to have no vote thereon except in case of a tie.
[1993 Code § 6-6]
The Mayor shall preside over all meetings of the Township Council but shall not vote except to give the deciding vote in case of a tie.
[1993 Code § 6-7]
The Mayor shall see that the laws of the state and the ordinances of the township are faithfully executed and shall recommend to the Council such measures as he may deem necessary or expedient for the welfare of the township. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the township. The Mayor shall have all of the powers granted by the laws of the state and the ordinances of the township.
[1993 Code § 6-8]
The Mayor and Governing Body of the township shall constitute the Council thereof.
[1993 Code § 6-9]
a. 
The Council shall hold an annual meeting on January 1 at 12:00 noon or during the first seven days of January in any year and such other meetings or adjourned meetings at such time and place as may be designated by Council.
b. 
No public body shall hold a meeting unless adequate notice thereof has been provided to the public.
c. 
Regular meetings shall be held at least once a month and shall be at such time and place within the township as shall be designated by Council.
d. 
The Mayor shall, when necessary, call special meetings of the Council; in case of his neglect or refusal, any four members of the Council may call such meeting at such time and place in the township as they may designate, and in all cases of special meetings notice shall be given to all the members of the Council or left at their places of residence.
[1993 Code § 6-10]
Three Councilmembers and the Mayor or, in the absence of the Mayor, four Councilmembers shall constitute a quorum for the transaction of business; but a smaller number may meet and adjourn from time to time.
[1993 Code § 6-11]
The Council at its annual meeting shall, by the vote of a majority of the Council, elect from its number a President of the Council, who shall preside at all its meetings when the Mayor does not preside. He shall hold office for one year and until the next annual meeting. He shall have the right to debate and vote on all questions before the Council. If the Council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the Council, and in that case no confirmation by the Council shall be necessary.
[1993 Code § 6-12]
If the Mayor is absent from the township for a period of three days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during such absence or inability. The Mayor, in case of his intended absence from the township for more than three days at any one time, shall notify the President in writing of the intended absence, whereupon the President shall be and become Acting Mayor from the receipt of the notice and continue to act until the Mayor's return. In case of the temporary inability of the President of Council to so act, the member of Council having the longest term of service may act temporarily for the President of Council.
[1993 Code § 6-13]
The Council shall possess all of the powers granted by or permissible under the laws of the State of New Jersey.
[1993 Code § 6-14]
The Council shall provide rules of procedure by resolution. These rules shall not be inconsistent with the provisions of this chapter. Except where the Council provides otherwise by resolution, the proceedings at all meetings shall be conducted in accordance with Roberts Rules of Order, revised. The Township Attorney shall be ex officio parliamentarian and shall be prepared, at the request of any member of the Council, to give his opinion on any question of procedure.
[1993 Code § 6-15]
Regular meetings shall be held at least once a month at such time and place as may be designated by the Council. All regular and special meetings of the Council shall be open to the public. The Township Attorney, Township Engineer, the Clerk/Administrator and any other township officer or employee whose presence shall be required by the Council shall attend such meetings.
[1993 Code § 6-17]
All township ordinances shall be submitted in writing at a meeting of the Council and passed at a subsequent meeting. Except as otherwise provided by law, no ordinance shall be finally passed except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie. An appropriations ordinance shall be adopted by a two-thirds vote of the Council.
[1993 Code § 6-18]
No ordinance shall be considered for final adoption until it has been advertised as required by law. The Township Clerk/Administrator shall be responsible for arranging for the advertising of proposed ordinances.
[1993 Code § 6-19]
Every ordinance passed by the Council shall, within five days after its passage, Sundays excepted, be presented to the Mayor by the Township Clerk/Administrator, whose report shall be conclusive evidence that such ordinance has been so presented.
[1993 Code § 6-20]
If an ordinance is approved by the Mayor, he shall, within five days, Sundays excepted, after its receipt by him, sign and file it with the Township Clerk/Administrator.
[1993 Code § 6-21; New]
To express his disapproval of an ordinance, the Mayor shall, within five days, Sundays excepted, after its receipt by him, return the same to the Township Clerk/Administrator with his objections thereto in writing, and the Council shall, at its next meeting, cause the objections to be entered at length on its minutes and proceed to reconsider the ordinance. If an ordinance shall not be returned by the Mayor within the time prescribed, it shall take effect in like manner as though he had signed it.
[1993 Code § 6-22]
If any such ordinance contains more than one distinct section, clause or item, the Mayor may approve one or more thereof and veto the rest.
[1993 Code § 6-23]
If two-thirds of all the Councilmembers shall at the next meeting as aforesaid, or at any subsequent meeting to which they shall postpone such reconsideration, vote to pass the ordinance or the vetoed part thereof over the veto of the Mayor, the ordinance shall take effect.
[Ord. No. 1623]
There is hereby created in and for the Township of West Caldwell the position of Township Administrator pursuant to the provisions of this chapter.
[Ord. No. 1623]
a. 
The Mayor, with the advice and consent of the Township Council, shall appoint the Township Administrator. The Township Administrator shall serve at the pleasure of the Township Council.
b. 
The Township Administrator shall only be removed by a two-thirds vote of the Township Council. The resolution of removal shall become effective three months after its adoption by the Township Council. The Township Council may provide that the resolution shall have immediate effect; provided, however, that the Township Council shall cause to be paid to the Township Administrator forthwith any unpaid balance of his or her salary, together with his or her salary for the next three calendar months following adoption of the resolution of removal.
c. 
The Township Administrator shall devote his or her full time and efforts to the duties of the office of Township Administrator, except that nothing herein shall prevent the Township Administrator from also holding any other appointive office within the Township of West Caldwell and fulfilling the duties thereof.
[Ord. No. 1623]
a. 
The Township Administrator shall be appointed on the basis of his or her executive, professional management and administrative abilities and qualifications, with special regard to education, training and professional experience in governmental management.
b. 
The Township Administrator shall have a minimum of five years senior-level municipal management experience, including responsibility for operations, human resources, budgeting, community and public relations, contract negotiations, grant writing and risk management, or equivalent management experience in a comparable organization. A bachelor's degree in a related field is desired; an advanced degree is preferred.
c. 
The Township Administrator shall be a resident of New Jersey.
[Ord. No. 1623]
The Township Administrator shall receive as salary such sums as may be fixed and adopted by the Township Council in the township's Annual Salary Ordinance. The Township Administrator shall receive the same benefits as other fulltime employees of the township unless otherwise negotiated with and agreed upon by the Township Council.
[Ord. No. 1623]
The Township Administrator shall be the chief administrative officer of the Township of West Caldwell, and shall be responsible to the Mayor and Township Council for the administration, oversight and supervision of all township offices and departments, and for the proper and efficient operation of the business affairs of the Township of West Caldwell.
[Ord. No. 1623]
The Township Administrator shall:
a. 
Provide leadership, oversight and supervision to all township offices, departments and department heads, and coordinate all township operations and activities.
b. 
Work closely with the Mayor and Township Council to develop and implement the township's annual plans, priorities and objectives.
c. 
Conduct studies of all township programs, activities, departments, offices and operations and make recommendations to the Township Council for changes as needed to increase efficiency, economy and effectiveness.
d. 
Enforce the township's personnel policies and procedures, and make recommendations to the Township Council as needed to maintain sound personnel practices. Consult with department heads and make recommendations to the Township Council for the hiring, suspension, discharge, promotion and advancement of employees.
e. 
Coordinate and submit to the Township Council budget requests for all township offices and departments. Work closely with the township's Chief Financial Officer to develop revenue and expenditure projections for the Township Council, and to prepare and submit the township's budget for review and approval.
f. 
Serve as primary contact to the Mayor and Township Council. Attend and participate in all meetings of the Mayor and Township Council, and in all committee meetings as required. Work closely with the Township Clerk to develop the agenda for all meetings of the Mayor and Township Council, and prepare and present supporting documents and information for agenda items as needed or requested.
g. 
Serve as purchasing agent for the Township of West Caldwell, and review and monitor the township's purchasing practices to ensure that all purchases are made in accordance with the provisions of governing law and consistent with sound purchasing practices.
h. 
Advertise for the furnishing of any and all work, materials, equipment or supplies required under any ordinance of the township. Receive bids or proposals and issue contracts and/or purchase orders at the direction of the Township Council and in accordance with state purchasing statutes and regulations. Receive and review all department requisitions for all materials, equipment, services and supplies approved for purchase and issue purchase orders for same. Review all disbursements, and pre-audit and review all bills and vouchers for payment prior to approval by the Township Council. In case of emergency, the Township Administrator is authorized to make such purchases without securing bids or proposals as provided by state purchasing statutes and regulations.
i. 
Work with neighboring communities in an effort to explore and identify potential shared services and efficiencies for the township.
j. 
Work with state and county legislators to promote good working relationships and foster improvements for the township.
k. 
Provide risk management and manages the township's insurance portfolio.
l. 
Serve as public information officer for the township and provide leadership and guidance to the Mayor and Township Council in responding to queries from residents, the press and government representatives.
m. 
Maintain knowledge in emerging federal, state, and county regulations in order to assist with compliance.
n. 
All other duties as may be, from time to time, assigned by the Mayor and Township Council.
[Ord. No. 1623]
a. 
The Mayor, with the advice and consent of the Township Council, may annually appoint a department head or senior manager level employee of the township to serve as the Assistant Administrator.
b. 
The Assistant Township Administrator shall assist the Township Administrator in coordinating and overseeing the efficient operation of all township offices and departments, and shall perform such specific duties as may be assigned by the Township Administrator.
c. 
The Assistant Township Administrator shall have and exercise all of the duties and authority of the Township Administrator during any period of absence or disability of the Township Administrator.
d. 
The Assistant Township Administrator shall receive such salary and compensation as may be established by ordinance.
[1993 Code § 6-24; Ord. No. 1623]
There shall be a Township Clerk of the Township of West Caldwell appointed by the Council for a term of three years, subject to any right of tenure provided by law. Prior to appointment, the Township Clerk shall be qualified by training and experience to perform the duties of this office.
[1993 Code § 6-25; Ord. No. 1623]
The Township clerk shall:
a. 
Act as secretary of the Municipal Corporation and custodian of the Municipal Seal. Attend all meetings of the Council, keep a correct record of all the proceedings and perform such other duties as the Council may require or as may be directed by law.
b. 
Prepare agendas for the meetings of the Council.
c. 
Certify the minutes of each meeting of the Council.
d. 
Have power and authority to take and administer oaths and affirmations in all township matters.
e. 
Provide for publication and advertisement of ordinances, resolutions and such other documents and notices as may be required by law or local ordinances.
f. 
Receive service of process and other legal documents for and on behalf of the township.
[1993 Code § 6-26; Ord. No. 1623]
a. 
The Township Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance he shall also record the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was duly adopted upon a date stated, and when so signed the ordinance shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record or sign shall not impair or affect the validity of any ordinance which has been duly adopted.
b. 
At the close of each year, the Clerk, with the advice and assistance of the Township Attorney, shall bind, compile or codify all ordinances or true copies thereof, which then remain in force and effect. The Clerk shall also properly index the record books, compilation or codification of ordinances.
[1993 Code § 6-27; Ord. No. 1623]
The Clerk shall maintain and preserve all correspondence of the township, and shall have custody of and shall safely keep all records, books and documents of the township as required by law, except those committed by ordinance to any other office or transferred thereto by the Council. The Clerk shall, upon request and upon the payment of the fees prescribed therefor, furnish a certified copy of any records authorized by law.
[1993 Code § 6-28; Ord. No. 1623]
The Clerk shall cause the Corporate Seal of the township to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to certify any document on record or to certify any act or paper which shall appear to have been a public act of the township or a public document. The Clerk shall not affix the Seal or cause or permit it to be affixed to any other instrument, writing or other paper unless required by law or ordinance.
[1993 Code § 6-29; Ord. No. 1623]
The Clerk, subject to the supervision of the Council, shall:
a. 
Be the depositary for and custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond, which shall be placed in the custody of the Treasurer or other authorized township official; of all insurance policies upon or with respect to risks insured for the benefit of the township or to protect it against any claim, demand or liability whatsoever; and of all formal contracts for work, labor, services, supplies, equipment and materials to which the township may be a party.
b. 
Be the depositary for and custodian of all performance bonds running to the township as obligee or any other form of security given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the township.
c. 
Have custody of all leases of property owned by the township.
d. 
Report to the Township Council annually, at such time as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
[1993 Code § 6-30; Ord. No. 1623]
Subject to approval of the Council, any rule or general regulation made by any department, officer, agency or authority of the township shall take effect only when it is filed with the Township Clerk. The Clerk shall maintain a current compilation of all such rules and regulations which shall be available for public inspection in his office during business hours.
[1993 Code § 6-31; Ord. No. 1623]
In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the Mayor and Township Council, the Clerk shall:
a. 
Perform all the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.
b. 
Administer the provisions of township ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk, except where statute or municipal ordinance has delegated that responsibility to some other municipal officer.
c. 
Administer oaths and affirmation in township matters.
d. 
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Mayor and Township Council.
[1993 Code § 6-32; Ord. No. 1623]
a. 
Position Created. There is hereby created the position of Deputy Township Clerk.
b. 
Duties. The Deputy Township Clerk shall perform the duties of the Township Clerk during the absence or illness of the Township Clerk and shall perform such other duties as may be required time to time by the Township Clerk.
[1993 Code § 6-33; New]
There shall be the following departments, officers, boards and commissions in the Township of West Caldwell:
a. 
Departments.
1. 
Department of Administration.
2. 
Department of Code Enforcement.
3. 
Department of Finance.
4. 
Department of Public Works.
5. 
Department of Public Safety.
6. 
Department of Engineering, Planning and Zoning.
7. 
Department of Recreation.
b. 
Separate Offices and Agencies Not Under Departments.
1. 
Township Attorney.
2. 
Municipal Court.
3. 
Township Prosecutor.
4. 
Emergency Management Coordinator.
c. 
Boards and Commissions.[1]
1. 
Zoning Board of Adjustment.
2. 
Planning Board.
3. 
Local Assistance Board.
4. 
Board of Health.
5. 
Board of Trustees of Free Public Library.
6. 
Environmental Commission.
7. 
Rent Leveling Board.
8. 
Protected Tenancy Appeals Board.
[1]
Editor's Note: Zoning Board of Adjustment and Planning Board, see Chapter 23A; Board of Health, see also separate Board of Health Code; Rent Leveling Board, see Chapter 13, Section 13-4; Protected Tenancy Appeals Board, see Chapter 13, Section 13-5.
2 Prior ordinance history includes portions of 1993 Code §§ 6-44 — 6-46.
3 Editor's Note: Former Section 2-11, Water Department, previously codified herein and containing portions of 1993 Code §§ 6-49 — 6-50 was repealed in its entirety by Ordinance No. 16-87. All functions have been transferred to the Department of Public Works.
[1993 Code § 6-34]
The head of a department, subject to this chapter and the approval or direction of the Council, shall:
a. 
Prescribe the internal organization of the work of his department.
b. 
Direct and supervise subordinate officers and employees of the department and make, alter and enforce individual work assignments.
c. 
Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.
d. 
Maintain such records of work performance and unit costs thereof as may be approved or required by the Council.
e. 
Provide such information and reports on the work of the department as may from time to time be required by the Council.
f. 
Exercise such other or different powers of administrative supervision and direction as the Council may delegate to him.
[1993 Code § 6-35]
a. 
There shall be a Department of Finance of the township, which shall have jurisdiction over all business pertaining to finance.
b. 
The Chief Financial Officer shall be the director of the Department of Finance. His term of office shall be for four years.
c. 
Duties. The Chief Financial Officer shall:
1. 
Prepare the budget for the consideration of the Township Council. During the month of November in each year, he shall request the Chairman of the respective committees of the Council to submit by December 1 requests for appropriations for the ensuing budget year.
2. 
Keep the Council informed of the financial condition of the township from time to time and make such reports as may be requested by it; prepare all debt statements; and arrange for the borrowing of all capital funds and the sale of notes or bonds required in connection therewith under the supervision of the Finance Committee and the preparation of all data required in connection with the sale of permanent bonds.
3. 
Require all departments to furnish annually an adequate inventory of all equipment, material and supplies in stock; recommend the sale of any surplus, obsolete, unused or waste equipment, material and supplies and, when authorized by the Council, make such sales.
[1993 Code § 6-36]
Within the Department of Finance there shall be a Division of the Treasury, the head of which shall be the Township Treasurer. He shall serve for a term of four years. The Treasurer shall have, perform and exercise all of the functions, powers and duties provided by general law and township ordinances. He shall keep and maintain books and records of all financial transactions of the township in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey. He shall have custody of all public moneys of the township and shall make monthly reports to the Mayor and Council of all receipts, expenditures, commitments and unexpended appropriations. All moneys received from any source by or on behalf of the township or any department, board, office or agency thereof, except as otherwise provided by township ordinance, shall be paid to the Treasurer, who shall deposit all such funds within 48 hours after the receipt thereof to the credit of the township in its designated legal depository. All checks or other negotiable instruments shall be made payable to the Township of West Caldwell.
[1993 Code § 6-37]
Within the Department of Finance there shall be a Division of Tax Collection, the head of which shall be the Tax Collector.
a. 
There shall be appointed a Tax Collector for the Township of West Caldwell pursuant to N.J.S.A. 40A:9-141, who shall hold office of a term of four years from the first day of January next following his appointment.
b. 
Duties. The Tax Collector shall possess all of the powers and duties established by law. The Collector shall enter in suitable books to be kept for that purpose the sums received by him each day for taxes, with the names of the persons on whose account the same shall have been paid, shall keep a record and account of the finances of the township and shall, within 60 days after the end of the fiscal year or when otherwise required by the Council, make and furnish a report thereof with a detailed and true statement of all moneys received by him and disbursed therefrom and for what purposes from the commencement of his official year to the date of his report, or for such period as the Council may require, and a list of delinquent taxpayers for the previous year. He shall file the report, with two copies of the statement and list of delinquents, with the Township Clerk/Administrator within the time hereinbefore specified or when otherwise required by the Council.
[1993 Code § 6-38]
a. 
Within the Department of Finance, for administrative purposes, there shall be a Division of Tax Assessments, the head of which shall be the Township Tax Assessor.
b. 
The Tax Assessor and Deputy Tax Assessors for the township, hereby created, shall hold their offices for terms of four years from the first day of July next following the appointments. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
c. 
The Tax Assessor shall hold a Tax Assessor certificate provided for by N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing property for the purpose of general taxation. The Deputy Tax Assessor shall hold a Tax Assessor certificate and shall act under the direct supervision of and assist the Tax Assessor.
d. 
The Division of Tax Assessments shall:
1. 
Have, perform and discharge all the functions, powers and duties prescribed by law for a Municipal Assessor.
2. 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
3. 
Maintain a current Tax Map of the township as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by this chapter.
[1993 Code § 6-39]
There shall be a Board of Commissioners for Assessment for Local Improvement, consisting of three residents of the township appointed by the Township Council, pursuant to N.J.S.A. 40:56-22. Such Board shall make all assessments for benefits for local improvements in accordance with the above statute.
[1993 Code § 6-40]
The Collector of Taxes shall be the official tax search officer of the township. He shall prepare and furnish certificates and reports relating to unpaid municipal liens in the Township of West Caldwell.
[1993 Code § 6-41; Ord. No. 1482 §§ 1, 2]
a. 
Any person claiming any payment from the township shall present to the Finance Director a detailed bill of items or demand, specifying particularly how the bill or demand is made up (herein called "voucher"), certified by the claimant on forms to be provided by the Finance Department.
b. 
The voucher shall have the certificate of an employee and/or department director of the township having knowledge thereof that the work has been performed or the goods and materials have been received or the services rendered, as stated.
c. 
The Township Clerk/Administrator shall review all vouchers for adherence to statutory purchasing requirements and compliance with the township's general purchasing and budgetary policies.
d. 
It shall be the duty of the Finance Director to have each voucher audited, certify that it is mathematically correct and certify that funds are available for payment of the claim.
e. 
The Governing Body shall, by resolution, adopt procedures for the review and recommendation for approval of all bills scheduled to be paid during any calendar month. After approval, the Finance Director shall prepare a schedule of bills and present the schedule of bills to the Council for formal approval and payment by resolution at the next regular meeting of the Mayor and Council each month. A record of all claims ordered paid shall be incorporated in the minutes of the regular meeting.
f. 
The Township Clerk/Administrator, after adoption of a motion authorizing payment of the bills and claims, shall certify the same on the schedule of bills. Checks in payment of bills or claims as approved, after having been signed by the Mayor or Council President, shall be countersigned by the Treasurer or Deputy Treasurer, and, in the absence of the Treasurer and Deputy Treasurer, shall be countersigned by the Township Clerk/Administrator or Deputy Clerk/Administrator and then released to the claimant.
[1993 Code § 6-42]
a. 
There is hereby established a payroll account for the Township of West Caldwell, to be opened and maintained in such bank or banks as may be designated by the Mayor and Council by resolution from time to time.
b. 
There shall be presented monthly to the Council for approval vouchers drawn to the order of the Township of West Caldwell payroll account, as follows:
1. 
In advance for all employees whose salaries are on an annual or weekly basis when such salaries are due and payable prior to the next regular meeting of the Council.
2. 
In advance for all employees whose compensation is on an hourly basis when the compensation has been approved by the Chairman of the appropriate committee and has been certified to the Mayor and Council.
3. 
All funds due and owing for overtime pay or extra work when such compensation has been approved by the Chairman of the appropriate committee and has been certified to the Mayor and Council.
c. 
The Township Clerk/Administrator or the Deputy Clerk or the Township Treasurer are hereby each individually designated as authorized signatories on the payroll checks, provided that the payroll checks shall be signed by the Township Clerk/Administrator, and in the absence or disability of the Township Clerk/Administrator, then by the Deputy Clerk, and in the absence or disability of either the Township Clerk/Administrator or the Deputy Clerk, then by the Treasurer. The checks shall be payable to the officials and employees entitled to payment therefrom and to the payment of such deductions from payroll, as has been heretofore authorized and required by law.
d. 
At each regular meeting of the Council, the Chief Financial Officer shall submit for approval or ratification, as the case may be, the necessary payrolls for the amount due the several officers and employees for compensation. The payroll shall be considered by the Council in the due course and approved if found to be correct. In case of error or adjustment in the payroll account, the Chief Financial Officer shall see that any such error or adjustment is properly corrected and appropriate record made thereof.
[1993 Code § 6-42.1; Ord. No. 1479 § 1; Ord. No. 1690; Ord. No. 1697]
The Tax Collector shall redeposit all checks returned by our bank, if permitted by the bank. If a check is returned a second time, the Tax Collector shall charge the taxpayer a penalty fee of $20.
[Ord. No. 1698]
a. 
The Governing Body may use a disbursing organization to make disbursements on its behalf with N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq.
b. 
The disbursing organization may use electronic means for the disbursement of municipal funds.
c. 
The disbursing organization may further perform such tasks as necessary to meet the Governing Body's objectives, including but not limited to, data collection, preparation of any necessary payment documentation, calculation of withholding, direct deposit of payroll disbursements, and transfer of funds to the disbursing organization's account for subsequent payment.
d. 
The disbursing organization may hold township funds pending transmittal to those funds to a payee.
e. 
The Governing Body shall designate by resolution an approval officer to be responsible for authorizing and supervising the activities of the disbursing organization.
[Ord. No. 1687 § 3]
There shall be a Department of Public Works, the head of which shall be the Superintendent of Public Works. The Superintendent shall be appointed by the Mayor, with the advice and consent of the Council. The Superintendent's term of office shall be two years and any vacancy shall be filled only for the unexpired term.
The Superintendent shall have general oversight and daily supervision over the Department. In addition, the Superintendent shall:
a. 
Develop and implement department goals, objectives, polices and priorities.
b. 
Supervise the performance of the work of any department personnel.
c. 
Plan, organize and direct the operations and activities of the construction, maintenance and operation of the township's public works system.
d. 
Make recommendations on budgetary needs, prepare budget requests, and monitor authorized expenditures.
e. 
Recommend the need for any repairs and/or replacement of township-owned equipment, structures, buildings or grounds.
f. 
Requisition supplies and equipment as needed.
g. 
Supervise the operation, maintenance and repair of any township equipment used by the department.
h. 
Supervise the operation, maintenance and repair of any township equipment used by the township.
i. 
Submit monthly reports of all work performed and services furnished, as well as public works inspection during the previous months.
j. 
Submit on or before December 1 in each year his recommendations for budget appropriations for the ensuring year.
k. 
Recommend for approval the expenditure of all funds by voucher chargeable against the public works budget.
l. 
Inspect or be responsible for the inspection of all public works in the Township.
m. 
Receive all complaints from residents and taxpayers of the township relating to the operations under his jurisdiction, investigate same, take appropriate action and report results.
n. 
Attend all meetings of the Public Works Committee when requested.
o. 
Establish, keep and maintain under his jurisdiction all the necessary books, record, field notes, maps, surveys and similar records necessary to perform the duties of his office and turn over all such records to his successor or the Township Administrator upon his termination with the township.
The Superintendent shall be a person qualified by education, training, and experience to perform the duties of the office as set forth herein. The Superintendent may hold other appointive office within the Township.
[Ord. No. 1687 § 3]
The Department, through the Superintendent, shall take charge and be responsible for capital improvements planning, programs and the construction, operation and maintenance of water and wastewater service lines, connections, values, pits, meters, tanks, pump stations, stormwater drains, roads and other public improvements, the service and maintenance of township vehicles, and the care and maintenance of township buildings and grounds, parks and pools, water for refrigeration and air conditioning equipment, as well as any duties directed by the Mayor and Council.
[Ord. No. 1687 § 3]
The functions and duties for Water Use and Charges, as set forth at Section 18-1, Water for Refrigeration and Air Conditioning, as set forth in Section 18-2, and the Sewer System, as set forth in Section 18-3, shall be transferred to the Department.
[Ord. No. 1687]
The functions and duties of the Department shall be divided among no more than five line-operating divisions as the Mayor and Council shall direct by resolution. Line-operating divisions shall be headed by a foreman-level supervisor who shall be appointed to such job title and grades as established by the Salary Ordinance.
[Ord. No. 1687]
The Department shall be assigned employees as provided by resolution of the Council consistent with the job titles and grades established by the Salary Ordinance. Employees of the Department may be assigned, reassigned, transferred temporarily or permanently between line-operating divisions at the discretion of the Superintendent.
[Ord. No. 1687]
The Mayor, with the advice and consent of the Council, shall appoint a Principal Public Works Manager. Any person appointed as Principal Public Works Manager shall meet all qualifications as provided in N.J.S.A. 40A:9-154.6a et seq. and perform the functions and duties set forth therein.
[Ord. No. 1687]
The Council may, by resolution, make rules and regulations necessary for the proper regulation of the Department of Public Works, and when same are adopted by the Council they shall be known as the rules and regulations for the governing of the Department of Public Works and shall be binding on each member of the Department.
[1993 Code § 6-47]
The Department of Public Safety shall be composed of the Police Department established and governed in accordance with the provisions of Chapter 3 of this Code and the Fire Department established and governed in accordance with the provisions of Chapter 4 of this Code.
[Ord. No. 1680]
There shall be a Department of Recreation and a Director of the Department of Recreation. The Director shall be appointed by the Mayor, with the advice and consent of the Council. The Director's term of office shall be two years.
[Ord. No. 1680]
The Director of the Department of Recreation shall:
a. 
Provide, manage and promote a program of recreation designed to serve the recreational needs of all West Caldwell citizens, with a focus on the needs of the youth and the elderly. Such program shall provide athletic, instructional, and leisure programs, and special events, for all ages and abilities, including individuals with special needs. The Recreation Program shall make use of the recreation facilities available to West Caldwell through ownership by West Caldwell, contract, or other arrangement.
b. 
Supervise, schedule and manage employees of the Department of Recreation.
c. 
Schedule the use of township recreation facilities, as same are determined by the Council pursuant to subsection 2-12.4 herein.
d. 
Keep the council informed of the offerings and needs of the Department of Recreation.
e. 
Such other duties of Department heads as set forth in subsection 2-7.2 herein.
[Ord. No. 1680]
The Department shall be assigned employees as provided by the Council.
[Ord. No. 1680]
The Council may, by resolution, make rules and regulations necessary for the proper regulation of the Department of Recreation, and when same are adopted by the Council they shall be known as the rules and regulations for the governing of the Department of Recreation and shall be binding on each member of the Department.
[Adopted by Ord. No. 1354; Ord. No. 1680]
The Township Council is hereby authorized to adopt by resolution amendments, modification, increases and/or decreases to the fee schedule for programs of the Department of Recreation of the township form year to year or from time to time.
[Ord. No. 1680]
At its discretion, the Council may enter into agreements or otherwise provide for the sharing of the programs, services and facilities described herein with other municipalities, boards, agencies and private organizations. The Director and the Department shall abide by the Council's determinations and shall facilitate any such contracts or arrangements made by the Council.
[1993 Code § 6-54]
The Township Attorney shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. He shall be an attorney at law of New Jersey but need not be a resident of the township. The Township Attorney shall receive a fixed base salary as a retainer and shall, in addition, be paid such fees and charges as shall be deemed reasonable.
[1993 Code § 6-55]
The Township Attorney shall have such powers and perform such duties as are provided for the office of Township Attorney by general law or ordinances of the township. He shall represent the township in all judicial and administrative proceedings in which the township or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the Council or any member thereof and shall, in general, serve as the legal advisor to the Council on all matters of township business. In furtherance of such general powers and duties, but without limitation thereto, the Township Attorney shall:
a. 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the township.
b. 
With the approval of the Council, conduct appeals from orders, decisions or judgments affecting any interest of the township as he may, in his discretion, determine to be necessary or desirable or as directed by the Mayor and Council.
c. 
Subject to the approval of the Township Council, have power to enter into any agreement, compromise or settlement of any litigation in which the township is involved.
d. 
Render written opinions upon any question of law submitted to him by the Council or any member thereof with respect to their official powers and duties and perform such duties as may be necessary to provide legal counsel to the Council in the administration of municipal affairs.
e. 
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Council may authorize for special or regular employment in or for the township.
Prior ordinance history: 1995 Code § 2-15.
[Ord. No. 1738]
There shall be a Chief Township Prosecutor and such additional Assistant Township Prosecutor(s), (hereinafter collectively the "Township Prosecutors"), as may be determined necessary by the Governing Body, who shall be nominated by the Mayor and appointed with the advice and consent of the Township Council.
[Ord. No. 1738]
The Township Prosecutor(s) shall be attorneys-at-law of State of New Jersey.
[Ord. No. 1738]
The Mayor shall nominate and, with the advice and consent of the Council, appoint a Township Prosecutor(s), including the filling of any vacancy, which shall be for the unexpired term only.
[Ord. No. 1738]
The term of office of the Township Prosecutor(s) shall be for one year, commencing on January 1 and terminating on December 31 of the same year and until a successor is appointed and qualifies.
[Ord. No. 1738]
The duties of the Township Prosecutors shall be to prosecute cases to be tried before the Municipal Court alleging a violation of the criminal laws of the State of New Jersey, the ordinances of the township, the Motor Vehicle Statutes of the State of New Jersey and such other cases as may be designated by the Mayor and Council. The Township Prosecutor(s) shall also appear before the Council upon its request to prosecute any matters which may be within its jurisdiction.
[1993 Code § 6-61]
There is hereby created the office of the Township Engineer in the township. The Township Engineer shall be duly licensed by the State of New Jersey as a professional engineer and professional planner.
[1993 Code § 6-62]
The Township Engineer shall be appointed by the Mayor, with the advice and consent of the Township Council, for a period of three years from January 1, and he shall receive such compensation as may, from time to time, be fixed by the Mayor and Council by ordinance. The salary shall be in full payment of all services rendered by the Township Engineer. Any and all fees to which he might otherwise be entitled to receive shall be paid to the Township Treasurer for the use of the township. If the Township Engineer shall serve on a part-time basis, he shall receive a fixed compensation as a retainer and shall, in addition, be paid such fees and charges as shall be deemed reasonable.
[1993 Code § 6-63]
a. 
The Township Engineer shall have charge of and be responsible for all municipal engineering for the township and its boards and commissions and the performance of such other duties as shall be designated from time to time by resolution of the Township Council.
b. 
The Township Engineer shall have the custody and charge of and shall keep in a place provided by the Council all maps and plans of the township. He shall perform all engineering services on behalf of the township in connection with the streets, roads, highways and public lands now or hereafter to be laid out, opened, widened or altered and make plans and profiles of the same and keep full and accurate records.
c. 
He shall be responsible for the filing of all plans and specifications and shall perform all engineering services on behalf of the township, except where contracted for by the Mayor and Council with other consulting engineers in connection with the installations by public utility companies, private developers and others in connection with any and all utilities of the township.
d. 
He shall keep an accurate and complete record of all streets, roads and highways now or hereafter established.
e. 
It shall be the Engineer's duty to inspect or cause to be inspected all work done for the township or by any contractor working with the township in connection with the construction of water mains, sewer mains and storm drains, grading and paving of streets, construction of sidewalks and any and all other public improvements, and no payment or payments shall be made for such work performed under his direction until he has filed a report with the Council that the same has been done in accordance with the contract and specifications thereof, except when and where the Council shall, by resolution, otherwise provide.
f. 
He shall review and approve all engineering work required under Chapter 19, Subdivision of Land, of the Code of the township and the amendments and supplements thereto, except when and where the Council shall, by resolution, otherwise provide.
g. 
The Engineer shall keep a complete record of all subdivision of real estate within the township and have charge of the preparation and maintenance of the Tax Assessment Map of the township.
h. 
He shall be under the supervision of the Township Clerk/Administrator and respective Chairmen of the various committees.
i. 
The Engineer shall attend such official and conference meetings of the Mayor and Council as required. He shall review all plans and specifications of developers and owners presenting applications to the Planning Board and report thereon to the Board; review any and all plans, maps and specifications for the extensions and improvements of any water mains, sewer mains, storm drains, roads, streets, sidewalks and other improvements and advise and consult with and make recommendations to the Planning Board in respect thereto and to the respective committees of Council; and advise, consult with and assist any consulting engineer retained by the Mayor and Council for any improvement authorized by the Council.
j. 
The Engineer shall report to the Council each month as to the progress of work under his control and supervision and, at the end of each year, shall submit an annual report of the work done by him.
[1993 Code § 6-64]
There shall be a Municipal Court in the township pursuant to the provisions of N.J.S.A. 2A:8-1 et seq., to be known as the "Municipal Court of the Township of West Caldwell, Essex County." The Municipal Court shall have a Seal bearing the impress of the name of the Court. The Court shall be held in a municipal building or such other place as the Municipal Judge shall designate from time to time and shall exercise all the functions, powers, duties and jurisdiction conferred upon municipal courts by law and ordinance.
[1993 Code § 6-65]
a. 
There shall be a Municipal Judge of the Municipal Court appointed by the Mayor with the advice and consent of the Township Council. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.
b. 
The Municipal Judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by general law or ordinance.
[1993 Code § 6-66]
There shall be an Administrator of the Municipal Court, who shall be appointed for a term of one year by the Council and who shall perform such functions and duties as shall be prescribed for him by law, the rules of the Superior Court applicable to municipal courts and by the Municipal Judge. His duties shall include but 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, recording decisions of the Court and entering them in the docket; arranging trial calendars; signing Court documents; preparing and issuing warrants and commitments.
e. 
Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; 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.
g. 
Maintaining and classifying records and files.
[1993 Code § 6-67]
There shall be a Zoning Board of Adjustment established as provided in Chapter 23A, Land Use Procedures, of this Code.
[1993 Code § 6-68]
There shall be a Planning Board established as provided in Chapter 23A, Land Use Procedures, of this Code.
[1993 Code § 6-69; Ord. No. 1208 § 1]
a. 
There shall be a Local Assistance Board of the township composed of five members appointed by the Mayor, with the advice and consent of the Council. The term of one member of the Board shall be for one year, and such member only may be appointed from among the Councilmembers, and the terms of the other members shall be for four years each, one term expiring in each year.
b. 
The term of each member of the Local Assistance Board shall begin on the first day of January, and each member shall continue in office until his successor shall be appointed and shall qualify.
c. 
Vacancies shall be filled for the unexpired terms only.
d. 
The Local Assistance Board shall have such powers and perform such duties as are prescribed by general law and ordinance and shall appoint a Director of Welfare pursuant to state law.
[1993 Code § 6-70]
The Local Assistance Board shall organize and select a chairman and a secretary and shall appoint a Director of Welfare, who shall be the first executive and administrative officer of the Board. He shall hold office for a term of five years from the date of his appointment and shall be paid such salary as may be fixed by the Board, subject to approval of the Mayor and Council. In case of vacancy in the office of Director of Welfare, one temporary or Acting Director may be appointed to serve for not more than 90 days.
[1993 Code § 6-71]
Other employees, including assistants, clerks, investigators and nurses, in such number as may be necessary to properly administer public assistance, shall be appointed in the same manner as other employees of the township. No employee of the Welfare Department of the township whose compensation is paid from funds received or appropriated for public assistance or the administration thereof in any manner shall hold office in any political party.
[1993 Code § 6-72]
The Director of Welfare shall:
a. 
Supervise by periodic investigation every person receiving public assistance, such investigation to be made by visitation at least once a month.
b. 
Reconsider from month to month the amount and nature of public assistance given and alter, amend or suspend the same when the circumstances so require.
c. 
Devise ways and means for bringing persons unable to maintain themselves to self-support or to the support of any other person or agency able and willing to do so.
d. 
Keep full and complete records of such investigations, supervision, assistance and rehabilitation and of all certifications of persons for employment or benefits and cancellations thereof.
e. 
Bring about appropriate action for commitment to any state or county institution when the best interest of the needy persons would be so served.
[1]
Editor's Note: See also separate Board of Heath Code.
[1993 Code § 6-73]
There shall be a Board of Health in the township, which shall consist of not less than five nor more than seven members. The members of the Board of Health shall be appointed by the Mayor with the advice and consent of the Township Council. Members shall be appointed for terms of four years. The terms of not more than three members shall expire in any one year. At least one member shall be a municipal physician. Appointments to fill vacancies shall be made in the same manner as original appointments, and all such appointments shall be for the unexpired term only.
[1993 Code § 6-74]
The Board of Health shall have the power and authority to adopt ordinances relating to the protection of the health of township residents, shall employ necessary personnel and fix their salaries and shall have under its jurisdiction the Bureau of Vital Statistics of the township, the Health Officer and such other employees as are necessary to carry out its duties. The Board of Health shall have all of the jurisdiction conferred upon Boards of Health by Title 26 of the Revised Statutes.
[1993 Code § 6-75]
The Mayor shall appoint an Emergency Management Coordinator from among the residents of the municipality. The Emergency Management Coordinator, subject to fulfilling the requirements of this section, shall serve for a term of three years. As a condition of his appointment and his right to continue for the full term of his appointment, the Emergency Management Coordinator shall have successfully completed at the time of his appointment or within one year immediately following his appointment the current, approved Civil Defense Director-Coordinator Course. The failure of any Emergency Management Coordinator to fulfill such requirements within the period prescribed shall disqualify the Coordinator from continuing in the office of Coordinator, and thereupon a vacancy in said office shall be deemed to have been created.
[1993 Code § 6-76]
The Governor may remove any Emergency Management Coordinator at any time for cause. In such event the Mayor of the municipality shall appoint a new Emergency Management Coordinator with the approval of the Governor. If the Mayor shall not appoint an Emergency Management Coordinator within 10 days after such office shall become vacant, the Governor may appoint a temporary Emergency Management Coordinator, who shall serve and perform all of the duties of that office until such time as a new Emergency Management Coordinator shall be appointed by the Mayor with the approval of the Governor.
[1993 Code § 6-77]
a. 
Deputy Emergency Management Coordinator. Each Emergency Management Coordinator shall appoint a Deputy Emergency Management Coordinator with the approval of the Mayor. Wherever possible, such Deputy shall be appointed from among the salaried officers or employees of the township.
b. 
Duties of Emergency Management Coordinator. The Emergency Management Coordinator shall be responsible for the planning, activating, coordinating and conducting of emergency management operations within the township and shall be responsible for the preparation and maintenance of the Emergency Management Plan.
[1993 Code § 6-78]
Whenever, in his opinion, an emergency has occurred or is imminent in the township, the Emergency Management Coordinator of the township shall proclaim a state of local emergency within the township. The Emergency Management Coordinator, in accordance with regulations promulgated by the State Civilian Defense Director, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety and resources of the residents of the township.
[1993 Code § 6-79]
No representative of any municipality shall request aid in time of emergency directly from noncontinuous municipalities nor shall any municipality or public or semipublic agency send personnel or equipment into an emergency-stricken municipality unless and until such aid has been directed by the County Disaster Control Coordinator or his Deputy. Specific exemptions from the action of this section may be granted only by authority of the State Disaster Control Director.
[1993 Code § 6-81]
a. 
There shall be a Board of Trustees of the Free Public Library, to consist of seven members, one of whom shall be the Mayor, one the Superintendent of Schools and five citizens appointed by the Mayor with the advice and consent of the Council, all of whom shall be township residents. The appointments shall be for terms of one, two, three, four and five years, respectively. All appointments subsequent to original appointments shall be for terms of five years. Vacancies shall be filled for the unexpired term only.
b. 
The Board shall have all of the powers and duties set forth in N.J.S.A. 40:54-9 et seq. Pursuant to law the Mayor and Superintendent may appoint alternates to act in their place.
[1993 Code § 6-82]
There is hereby established an Environmental Commission, to be known as the "Environmental Commission of the Township of West Caldwell," which shall consist of seven members appointed by the Mayor, one of whom shall be a member of the Municipal Planning Board and all of whom shall be residents of the township. The members of the Commission shall serve without compensation, except as hereinafter provided. The Mayor shall designate one of the members to serve as Chairman and Presiding Officer of the Commission. The terms of office of the first commissioners shall expire on January 1 of the next succeeding year, and thereafter the Commissioners shall be appointed for the term of one, two or three years to be designated by the Mayor in making the appointment, so that the terms of approximately one-third of the members will expire each year, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. The Governing Body of the municipality may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.
[1993 Code § 6-83]
The Environmental Commission shall have power to conduct research into the use and possible use of the open land areas of the township and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas and may recommend to the Planning Board or to the Mayor and Council plans and programs for inclusion in a Municipal Master Plan and the development and use of such areas.
[1993 Code § 6-84]
The Environmental Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the township by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the township.
[1993 Code § 6-85]
The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Township Council.
[1993 Code § 6-86]
The Township Council may appropriate funds for the expense incurred by the Environmental Commission. The Commission may appoint such clerks and other employees as it may from time to time require and as shall be within the limits of funds appropriated to it.
[Ord. No. 1364 § 1; Ord. No. 1707]
There shall be a Municipal Chief Public Defender and such Public Defender(s) (hereafter collectively referred to as "Municipal Public Defender") as may be determined necessary by the Governing Body, pursuant to P.L. 1997, Ch. 256, who shall be nominated by the Mayor and appointed with the advice and consent of the Township Council.
[Ord. No. 1364 § 1; Ord. No. 1707]
In accordance with the provisions of P.L. 1997, Ch. 256, Municipal Public Defenders shall be qualified as an attorney-at-law of the State of New Jersey in good standing and shall represent those defendants appearing in Municipal Court who are determined by the Court to be indigent and whose representation is assigned to a Municipal Public Defender by the Court.
[Ord. No. 1364 § 1; Ord. No. 1707]
Municipal Public Defenders shall be appointed for a term of one year from the date of appointment and may continue to serve in office pending reappointment of appointment of a successor.
[Ord. No. 1364 § 1; Ord. No. 1707]
The Municipal Chief Public Defender, shall be compensated in the amount as set forth in the salary ordinance. Municipal Public Defender(s) shall be compensated in the amount equal to the amount collected by the Municipal Court as application fee for representation by the Municipal Public Defender in connection with any such representation in an amount not to exceed $200.
[Ord. No. 1364 § 1]
The Municipal Chief Public Defender and/or Public Defender (hereinafter "Public Defender") may represent private clients in the Municipal Court and before township agencies, subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.
[Ord. No. 1364 § 1; Ord. No. 1707]
A person applying for representation by a Municipal Public Defender shall pay an application fee of $200. In accordance with the provisions of P.L. 1997, Ch. 256 and with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.
[Ord. No. 1364 § 1; Ord. No. 1707]
Eligibility for services of a Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in subsection 2-25.8. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to a Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the costs of the services rendered to that time.
[Ord. No. 1364 § 1]
The Municipal Court shall make an investigation of financial status of each defendant seeking representation and shall have the authority to require a defendant to execute and deliver written requests or authorizations required under applicable law to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluation eligibility. As provided by law, the Court is authorized to obtain information from any public record office of the state or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.
[Ord. No. 1364 § 1]
As provided by P.L. 1997, Ch. 256, wherever a person entitled to representation by a Municipal Public Defender pursuant to this act, is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians.
[Ord. No. 1364 § 1]
As provided by P.L. 1997, Ch. 256, if the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the township and the township shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this act as calculated at the same rate as the Office of the Public Defender bills clients at that time.
[Ord. No. 1364 § 1]
The Municipal Attorney may do all things necessary to collect any money due to the township by way of reimbursement for services rendered by a Municipal Public Defender. The Municipal Attorney may enter into arrangements with any state or county agency to handle collections on a cost basis. The Municipal Attorney shall have all the remedies and proceedings available for collection which are available for or upon the recovery of a judgment in a civil action and shall also be permitted to collect counsel fees and costs from the defendant. The Municipal Attorney is authorized to compromise and settle any claim for services performed whenever the financial circumstances of the person receiving the services are such that, in the judgment of the municipal attorney, the best interest of the township will be served by compromise and settlement.
[Ord. No. 1364 § 1]
Funds collected from the application fee shall be deposited in a dedicated fund administered by the Chief Financial Officer of the township. The funds shall be used exclusively to meet the costs incurred in providing the services of Municipal Public Defender including, when required, expert and lay investigation and testimony.
[Ord. No. 1364 § 1]
The Township Council shall appoint a Municipal Public Defender, as required by P.L. 1997, Ch. 256, not later than March 22, 1998. The application fee set forth in subsection 2-25.6 shall take effect immediately upon adoption of this section. In accordance with the provisions of P.L. 1997, Ch. 256, Section 6c, the township shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.
[Ord. No. 1757]
The purpose of this section is to create the position of Safety Coordinator, who will be an employee of the township charged by the Governing Body with the responsibility for oversight and coordination of the township's safety program.
[Ord. No. 1757]
a. 
Safety Coordinator Position. There is hereby established the position of Safety Coordinator for the Township of West Caldwell.
b. 
Responsibilities. The Safety Coordinator will be responsible for oversight and coordination of the township's safety program for the Township of West Caldwell, including the following responsibilities:
1. 
Serving as the Chairperson of the Safety Committee;
2. 
Preparing agendas and minutes for all Safety Committee meetings, which meetings are to be held at least quarterly;
3. 
Submitting quarterly reports to the Joint Insurance Fund (JIF);
4. 
Reviewing any and all insurance claims against the township;
5. 
Evaluating, recommending and implementing solutions to safety related issues;
6. 
Coordinating a comprehensive safety training program;
7. 
Arranging for, performing and completing an annual inspection of any and all township facilities; and
8. 
Under the direction of the Township Administrator and/or Mayor, performing such other duties and responsibilities as assigned by the Township Administrator or the Mayor, in conjunction with and in direct relation to the township's safety program.
c. 
Compensation. Compensation will be determined and established by the Governing Body at the time of the appointment of the Safety Coordinator and such compensation may be reviewed, reconsidered, determined and established by the Governing Body thereafter.
[1993 Code § 6-87; Ord. No. 1483 § 1]
Public records of the township shall be open for inspection by members of the public as provided by N.J.S.A. 47:1A-1.
a. 
The Municipal Clerk shall be the custodian of government records for the Township of West Caldwell. The Municipal Clerk may designate Deputy Custodians by resolution so as to facilitate the process of providing access to government records.
b. 
The Municipal Clerk and/or Deputy Custodian shall make government records subject to review, inspection and copying under the New Jersey Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 et seq. available to any person during regular business hours.
c. 
All requests for government records shall be as specific as possible, including the type of record and date created, if known. Requests must be in writing and hand delivered or mailed to the appropriate custodian. A records request may not be made by telephone, facsimile, or electronically.
d. 
In those instances where the nature of the request or record itself leads the Municipal Clerk and/or Deputy Custodian to doubt whether or not the record is a "government record" as defined by law, or is a record exempt from disclosure, the Municipal Clerk and/or Deputy Custodian shall request an opinion from the Township's Attorney. A copy of the request shall be forwarded to the Township's Attorney, who, after review and investigation, shall issue an opinion on the request form and promptly return it to the Municipal Clerk and/or Deputy Custodian.
e. 
A public official, officer, employee, or custodian who refuses access to a government record and thereby incurs a civil penalty because of denying access to a government record shall be indemnified by the township provided that such denial was not knowingly and willfully in violation of OPRA.
f. 
As provided by N.J.S.A. 47:1A-1.1, a government record shall not include information that would give an advantage to competitors or bidders. The township may adopt a set of regulations by resolution identifying the type of information that may give an advantage to competitors or bidders.
[1993 Code § 6-88; New; Ord. No. 1479 §§ 2, 3; Ord. No. 1483 § 1; Ord. No. 1694]
The following fees shall be charged for copies of government records:
a. 
The following fees shall be assessed for the duplication of government records:
$0.05 per page for letter sized pages and smaller;
$0.07 per page for legal sized pages and larger;
The actual cost of duplication where the actual cost to produce paper exceeds the $0.05 and $0.07 rates;
The actual cost to provide records in another medium (i.e. computer disc, CD-ROM, DVD); and
Electronic records (i.e. records sent via e-mail and fax) shall be provided free of charge.
b. 
Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the requestor shall pay, in addition to the fees set forth above, a special service charge as follows:
The hourly rate of the West Caldwell employee who performs the services required to accommodate the request multiplied by the amount of time required to complete the request.
The hourly rate shall be computed by dividing (the yearly salary of the employee plus 25% of such salary) by 1820.
c. 
Where the township demonstrates that actual costs to duplicate a government record exceed the page rates set forth in paragraph a above, the township shall charge the requestor the actual cost of duplication of the record.
d. 
The Custodian shall permit access to a government record and provide a copy thereof in the medium requested if the township maintains the record in that medium. If the township does not maintain the record in the medium requested, the Custodian shall either convert the record to the medium requested or provide a copy in some other meaningful medium. If a request is for a record:
1. 
In a medium not routinely used by the township;
2. 
Not routinely developed or maintained by the township; or
3. 
Requiring a substantial amount of manipulation or programming of information technology;
The township may charge, in addition to the cost of duplication, a special charge that shall be reasonable and shall be based on the cost for any extensive use of technology, or for the labor cost as set forth in paragraph b above, of personnel providing the service, that is actually incurred by the township or attributable to the township for the programming, clerical, and supervisory assistance required, or both.
e. 
The requestor shall have the opportunity to review and object to any duplicating and service charges prior to the time such charges are incurred.
f. 
A deposit shall be paid prior to satisfying any request where it is estimated that the information requested will cost in excess of $25 to reproduce. The amount of the deposit shall equal the total estimated cost of satisfying the request.
g. 
The following additional fees shall also apply:
1. 
Birth, marriage and death certificates: See Chapter BHII of the Board of Health Code.
2. 
For official searches for municipal tax liens (tax searches) or improvements authorized but not assessed a fee of $10 or the maximum fee permitted by N.J.S.A. 54:5-14, whichever is greater.
3. 
For a continuation of an official search for municipal liens or for improvements authorized but not assessed, if this is requested within three years of original date of search, a continuation search may be issued at $2 per calendar year, or the maximum amount permitted by N.J.S.A. 54:5-15, whichever is greater.
4. 
For duplicate tax, water and sewer bills: $5 each.
h. 
The fee for preparation of a duplicate tax sale certificate shall be $100.
i. 
The fee for preparation of a certificate of redemption of a tax sale lien shall be $100.
[1993 Code § 6-89; New; Ord. No. 1483 § 1; Ord. No. 1671 § 1]
a. 
Fees. The following fees are hereby fixed and established for certain services extended and materials distributed by the Police Department.
1. 
Copies of all reports: $10 for the first three pages or part thereof, and $2 per page for every page over three if mailed; $5 for the first three pages or part thereof, and $2 for every page over three if picked up at police headquarters.
2. 
Search fee, where a review of a record is desired: $5.
3. 
Viewing of photographs of crime scenes, accidents, etc.: $5.
4. 
Copies of photographs: $20 each.
5. 
Review of audiotapes: $30 per hour.
Copy of audiotapes: $25.
6. 
Review of videotapes: $30 per hour.
Copy of videotapes: $30 per hour plus cost of tape and duplication charges.
7. 
Taking of fingerprints of canvassers, solicitors and applicants: $10.
8. 
Issuance of a permit to purchase firearms: $2 each.
9. 
Issuance of an original or duplicate firearms identification card: $5.
10. 
For extra duty police services the hourly rate established by the Collective Bargaining Agreement currently in effect between Township of West Caldwell and West Essex PBA Local 81 (West Caldwell Unit) shall be charged for each police officer providing extra duty police services. In addition, for extra duty police services a $3.50 per hour administrative fee shall be charged for each police officer providing extra duty police services. For extra duty police services requiring the use of a Township police vehicle a $15 per hour vehicle use fee shall be charged for each police vehicle used.
b. 
Hours. The viewing or reviewing of reports or photographs of accident scenes shall be permitted and conducted at police headquarters from 8:30 a.m. to 4:00 p.m. Monday through Friday.
c. 
Exceptions. No search fee shall be charged if a report or a photograph is not on file with the Police Department nor for any report for which a formal request is made by any local, county, state or federal agency.
[Ord. No. 1448]
In 1991, the New Jersey Legislature passed the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2c:25-17, et seq. (the "Act"), having determined that domestic violence is a serious crime against society with victims from all social and economic backgrounds. Pursuant to the Act, crisis intervention teams of trained residents can be formed to assist police authorities in dealing with domestic violence cases. On January 18, 2000, the participation in a DVRT was mandated by Bill No. A-2786. The West Essex DVRT will be a regional effort with volunteers servicing the residents of West Caldwell, Caldwell, Cedar Grove, Essex Fells, North Caldwell, Verona and Fairfield. The West Essex Domestic Violence Intervention Team would assist victims of domestic violence by providing information on available resources and referrals and acting as a liaison with the police and other agencies, as appropriate.
[Ord. No. 1448]
There is hereby created the West Essex Domestic Violence Crisis Intervention Team. The team shall consist of an unlimited number of volunteers who shall be at least 21 years of age and bona fide residents of New Jersey. All team members shall serve without compensation. Interested persons shall complete an application form supplied by the township, be fingerprinted by the Police Department and subject to a background check. Members of the team shall be appointed by resolution of the Township Council upon recommendation of the Mayor. The Township Council shall also by resolution and upon recommendation of the Mayor appoint certain team members as coordinators. All coordinators and other team members shall be supervised by the Police Department and shall serve at the discretion of the Township Council.
[Ord. No. 1448]
No person may serve as a team member unless he/she shall have first completed a forty-hour specialized training program as developed by the New Jersey Division of Criminal Justice.
[Ord. No. 1448]
The functions and duties of the team shall include, but not be limited to:
a. 
Meeting with victims of domestic violence to provide support, compassion and advice.
b. 
Providing information on available resources, appropriate agencies, hotlines and the like and serving as a liaison with police and other agencies as appropriate.
c. 
Such other functions and duties as may be established by the Police Department.
[Ord. No. 1448]
The Police Department shall prepare and submit to the Mayor and Township Council an annual report summarizing the activities of the team and any recommendations it sees fit to make.
[1]
Editor's Note: This section, adopted by Ordinance No. 1500 was approved by the voters of the Township of West Caldwell at the election of November 4, 2003.
[Ord. No. 1500 § 1]
A Length of Service Awards Program (LOSAP) is hereby created in accordance with Chapter 388 of the Laws of 1997, being N.J.S.A. 40A:14-183, et seq. to reward squad members for their loyal, diligent and devoted services to the residents of the Township of West Caldwell.
[Ord. No. 1500 § 2]
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Mayor and Council of the Township of West Caldwell pursuant to P.L. 1997, C 388; that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
[Ord. No. 1500 § 3]
The West Essex First Aid squad services the municipalities of Caldwell, Fairfield, North Caldwell and West Caldwell that have a total population of 33,255 (2000 census) and total number of estimated calls of 2,016. The breakdown of the population and number of calls for the municipalities serviced by the West Essex First Aid Squad would be as follows:
2000 Census Population
Estimated # of Calls
Census and Call Average
Caldwell
7584
545
22.8%
27.0%
24.9%
Fairfield
7063
472
21.2%
23.4%
22.3%
North Caldwell
7375
249
22.2%
12.4%
17.3%
West Caldwell
11233
750
33.8%
37.2%
35.5%
Total
33255
2016
100.0%
[Ord. No. 1617]
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
a. 
Five hundred points are required for a member to be eligible for an annual contribution (see Schedule A).[1]
[1]
Editor's Note: Schedule A, referred to herein, may be found at the end of this section.
b. 
Five years of service are required for vesting.
c. 
The annual contribution shall be 35.5% of $1,150 or $408.25 per eligible member.
d. 
The cost to be budgeted annually by the Township of West Caldwell is anticipated to be $17,632.
[Ord. No. 1500 § 4]
SCHEDULE A
WEST ESSEX FIRST AID SQUAD, INC.
LENGTH OF SERVICE AWARDS PROGRAM LOSAP POINT PLAN
I. PURPOSE.
To establish a schedule of points for crediting years of active service for the "Emergency Services Volunteer Length of Service Award Program" (LOSAP). The point plan reflects the range of volunteer services provided by the West Essex First Aid Squad.
II. POINT PLAN STRUCTURE
1. 
Qualifying Year of Active Emergency Service.
a. 
Points needed for a Qualifying Year of Active Emergency Service - minimum: 500.
b. 
Each active volunteer member shall receive a percentage of the maximum annual LOSAP contribution based on the number of LOSAP points earned each year as follows:
Points Earned
% of Maximum Contribution
0 to 499
0%
500 to 599
60%
600 to 699
70%
700 to 799
80%
800 to 899
90%
900 or more
100%
2. 
Schedule of Points for Active Riding Members.
a. 
Length of Service: 400 points maximum.
Fifty points for each five years of service.
b. 
Training Courses (as student or instructor): 100 points maximum.
(1) 
CEU courses: four points per CEU.
(2) 
CPR courses: four points per class-hour.
(3) 
Other courses: four points per class-hour.
c. 
Squad Training Drills: 200 points maximum. 20 points for each training drill.
d. 
Meeting Attendance: 200 points maximum.
Twenty points for each regular or special business meeting.
e. 
Elected or Appointed Officers: 100 points maximum.
(1) 
Fifty points for each of the following officers:
(a) 
President
(b) 
Vice President
(c) 
Treasurer
(d) 
Recording Secretary
(e) 
Corresponding Secretary
(f) 
Elected Trustee
(g) 
Captain
(h) 
Senior Lieutenant
(i) 
Lieutenant
(j) 
Training Officer
(k) 
Engineer
(2) 
Twenty-five points for each of the following officers:
(a) 
Crew Chief
(b) 
Committee Chairman
f. 
Emergency Calls Answered: 750 points maximum.
Ten points for each emergency call answered.
g. 
Holiday Shifts and Special Standbys: 120 points maximum.
(1) 
Forty points for each complete schedule holiday shift.
(2) 
Forty points for each emergency or extended standby as determined by the Captain or Senior Operations Officer (e.g. weather emergency, extended MCI, extended hazmat, etc.)
h. 
Miscellaneous: 100 points maximum.
(1) 
Ten points each for Funeral and Memorial Services.
(2) 
Ten points each for fund raising activities (envelope stuffing, etc.).
(3) 
Ten points each for special events (parades, fireworks, etc.).
(4) 
Ten points each for other special events as determined by the Captain.
3. 
Schedule of Points for Active Dispatching Members.
a. 
Length of Service: 400 points maximum.
Fifty points for each five years of service.
b. 
Meeting Attendance: 100 points maximum.
Twenty-five points for each regular or special dispatcher meeting.
c. 
Committee Service: 50 point maximum.
Twenty-five points for each committee.
d. 
Dispatching Duty: 800 points maximum.
Two points for each hour on dispatch duty.
e. 
Holiday Shifts: 100 points maximum.
Fifty points for each complete schedule holiday shift.
4. 
Definitions and Notes.
a. 
ACTIVE VOLUNTEER MEMBER - Means a person who has been so designated by the governing board of a duly created emergency service organization and who is faithfully and actually performing volunteer service in that organization.
b. 
PARTICIPANT - Means an active volunteer member who is eligible for a benefit under a service award program.
c. 
YEAR OF ACTIVE EMERGENCY SERVICE - Means a twelve-month period during which an active volunteer member participates in the first aid service and satisfies the minimum requirement of participation established by the sponsoring agency on a consistent and uniform basis.
5. 
Typical Points Earned in a Qualifying Year of Active Emergency Service.
a. 
Active Riding Member:
Item
Points Earned
10 years of service
100
90 emergency calls
450
15 CEU's
60
9 monthly drills
180
9 business meetings
180
1 holiday shift
40
Total Points
1,010
b. 
Active Dispatching Member:
Item
Points Earned
10 years of service
100
384 dispatching hours (8 hours per week)
768
3 dispatcher meetings
75
1 holiday shift
50
Total Points
993
[Ord. No. 1607]
a. 
Purpose. The purpose of this section is to establish policies and procedures for the collection of fees associated with the performance of marriage or civil union ceremonies by the Mayor of the Township of West Caldwell.
[Ord. No. 1607]
a. 
Collection of Fees. Persons seeking to be married or joined in civil union by the Mayor of the Township of West Caldwell shall remit the applicable fee delineated below to be paid to the Township of West Caldwell:
1. 
Residents of West Caldwell $125.
2. 
Nonresidents of West Caldwell $200.
3. 
Transportation Allowance Varies (see below).
4. 
Administrative fee $15.
In addition to the fees shown in paragraphs 1 and 2 above, there shall also be a Transportation Allowance for all ceremonies conducted outside of the Township of West Caldwell. Said Allowance shall be based on the actual round trip mileage from the West Caldwell Municipal Building to the place of the ceremony, and shall be based on the then current mileage reimbursement rate established by the United States Internal Revenue Service.
b. 
Compensation and Reimbursement of Expenses Incurred Through the Performance of Marriage and Civil Union Ceremonies.
1. 
Receipt of fees. The fees as above calculated shall be paid by check, payable to the Registrar of Township of West Caldwell. Fees collected, other than the administrative fee, shall be deposited into the current account for disbursement to the Mayor. The Township of West Caldwell shall retain the administrative fee.
2. 
Disbursement of fees and Transportation Allowance. Fees collected for each service and for the Transportation Allowance as above calculated shall be disbursed to the Mayor, upon presentation of suitable documentation, through the appropriate budget line item and with appropriate authorization.
[Ord. No. 1777-2015]
As used in this section, the following terms shall have the meanings indicated:
CODE OF CONDUCT
Shall mean a written specification of the behavior to be expected of the parents, guardians, coaches and officials prescribed by N.J.S.A. 5:17-1 et seq., and as more particularly set forth herein and to which all coaches and the parents or legal guardians of each minor on each municipally sponsored youth sports program shall consent.
YOUTH SPORTS EVENT
Shall mean any competition, practice, or instructional event involving one or more youth sports programs.
YOUTH SPORTS PROGRAM
Shall mean any sports activity managed by an organization that is sponsored by the Township, other such authorized agent or a nonprofit or similar charter; such organization being affiliated with or receiving monetary or other support or service from the Township of West Caldwell or regularly utilizing any facilities owned, leased, operated or maintained by the Township; such sports organization participating in sporting competitions involving minors, irrespective of the specific location of any particular event.
[Ord. No. 1777-2015]
a. 
No coach, parents, player, participant, official or attendee shall engage in unsportsmanlike conduct with any other coach, parent, participant, official or other attendee.
b. 
No coach, parent, player, participant, official or attendee shall encourage any child or any other person to engage in unsportsmanlike conduct with any coach, parent, player, participant, official or any other attendee.
c. 
No coach, parent, player, participant, official or attendee shall engage in any behavior that could endanger the health, safety, or well-being of any coach, parent, player, participant, official or any other attendee.
d. 
No coach, parent, player, participant, official or attendee shall encourage any child or any other person to engage in any behavior that could endanger the health, safety or well-being of any coach, parent, player, participant, official or any other attendee.
e. 
No coach, parent, player, participant, official or attendee shall use drugs or alcohol while at a youth sports event and will not attend, coach, officiate or participate in a youth sports event while under the influence of drugs or alcohol.
f. 
No coach, parent, player, participant, official or attendee shall permit any child, or encourage any other person to use drugs or alcohol while at a youth sports event and will not permit any child, or encourage any other person to attend, coach, officiate or participate in a youth sports event while under the influence of drugs or alcohol.
g. 
No coach, parent, player, participant, official or attendee of any youth sports event shall engage in the use of profanity.
h. 
No coach, parent, player, participant, official or attendee of any youth sports event shall encourage any child or any other person to engage in the use of profanity.
i. 
Every coach, parent, player, participant, official or attendee shall treat any coach, parent, player, participant, official or attendee with respect regardless of race, creed, color, national origin, sex, sexual orientation or ability.
j. 
Every coach, parent, player, participant, official or attendee shall encourage every child to treat any coach, parent, participant, official or attendee with respect regardless of race, creed, color, national origin, sex, sexual orientation, or ability.
k. 
No coach, parent, player, participant, official or attendee shall engage in verbal or physical threats or abuse aimed at any coach, player, participant, official or any other attendee.
l. 
No coach, parent, player, participant, official or attendee shall encourage any child or any other person to engage in verbal or physical threats or abuse aimed at any coach, parent, player, participant, official or any other attendee.
m. 
No coach, parent, player, participant, official or attendee shall initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
n. 
No coach, parent, player, participant, official or attendee shall encourage any child or any other person to initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
[Ord. No. 1777-2015]
a. 
The Youth Sports Code of Conduct Committee ("Committee") shall consist of the Mayor (or his/her designee), Chairman of the Recreation Committee of Council, Township Administrator, Chief of Police and Recreation Director.
b. 
The Committee shall be charged with enforcing the provisions of the Youth Sports Code of Conduct.
[Ord. No. 1777-2015]
a. 
Every coach, parent, player, participant, official, or attendee of a youth sports event shall be required to follow the Code of Conduct as set forth in this section. In addition, every coach and every participant or at least one parent or legal guardian of each minor participating in a youth sports program must sign the State of New Jersey Model Athletic Code of Conduct prior to the commencement of each program.
b. 
The State of New Jersey Model Athletic Code of Conduct will be made available for signature at program registration and thereafter upon request, to all parents or guardians of each child participating in a municipally sponsored sport or activity and shall be incorporated in all program registration forms. A copy of the State of New Jersey Model Athletic Code of Conduct and a summary of the requirements of this section shall be posted at all facilities utilized by Township-sponsored programs.
[Ord. No. 1777-2015]
a. 
Any coach, player, participant, official, or attendee at a youth sports event who believes there to be a violation of this section shall forward, in writing, their name, address, phone number, identity of the violator, date, location of alleged violation and nature of the alleged violation to the governing board of the appropriate youth sports program for an investigation and determination by the governing board of the youth sports program.
b. 
Upon receipt of notice that a violation of the Code of Conduct may have occurred, the governing board of the youth sports program shall investigate the matter and hold a hearing of the board to determine whether a violation occurred. The Recreation Director shall be provided advanced notice of all meetings of the governing board of any youth sports program concerning a violation of the Code of Conduct. Upon determination by a majority vote of the governing board of the youth sports program that a coach, parent, player, participant, official, or attendee at any youth sports event has violated a provision of the Code of Conduct, the governing board of the youth sports program may impose a penalty, consistent with subsection 2-40.6 below. The governing board of the youth sports program shall forward to the alleged violator(s) a written determination regarding whether a violation of the Code of Conduct occurred via regular and certified mail, with a copy to the Recreation Director. Said written determination shall identify the date, location, nature of the incident and, when applicable, any action to be taken in response to the violation.
c. 
The governing board of the youth sports program may refer any matters, which the governing body of the youth sports program determines it is unable to decide for whatever reason, directly to the Code of Conduct Committee for a determination.
d. 
Any coach, parent, player, participant, official or attendee who was found in violation of the Code of Conduct by the governing board of the youth sports program or the Recreation Director may appeal a decision of the governing board of a youth sports program to the Code of Conduct Committee for a final determination. Said appeal must be submitted to the Code of Conduct Committee for a final determination. Said appeal must be submitted to the Code of Conduct Committee within 10 calendar days of receipt of the written notice of the decision by the governing board of the youth sports program or Recreation Director. The appeal shall include a copy of the notice with a written request specifically stating the basis of the individual appealing the notice of violation. The appeal shall be delivered by fax or certified mail to the Code of Conduct Committee c/o the Township Administrator, 30 Clinton Road, West Caldwell, NJ 07006.
e. 
Upon receipt of the appeal, the Code of Conduct Committee shall convene within 20 calendar days and provide an opportunity for the individual filing the appeal to appear and be heard with respect to the occurrence of any violation and action taken by the Code of Conduct Committee. Should an individual be filing an appeal of a violation determined by the Recreation Director, the Recreation Director shall recuse himself/herself from all future proceedings of the Code of Conduct Committee.
f. 
The Code of Conduct Committee will review statements; first-hand accounts and any other pertinent information or documents relevant to the alleged violation and upon a majority vote of the members of the Committee who are present, may sustain, overturn or modify the notice of violation and any associated penalties issued by the governing board of the youth sports program or Recreation Director. The Committee will notify the alleged violator of the Code of Conduct, the Recreation Director and the governing board of the youth sports program of their determination and any changes or modifications to the notice of violation or associated penalties.
g. 
All notices of violation and penalty or other actions taken by the governing board of the youth sports program shall remain in effect until or unless overturned or modified by the Code of Conduct Committee.
h. 
In the event any notice of violation issued by the governing board of the youth sports program is not appealed within 10 days of such notice, the notice of violation and action taken by the governing board of the youth sports program, including suspension and/or banning from youth sports events, shall become final.
i. 
The Director of Recreation, in accordance with the Township Clerk, shall maintain a permanent file on all proceedings related to any actions taken by the Code of Conduct Committee.
[Ord. No. 1777-2015]
a. 
Any coach, parent, player, participant, official, or attendee of a youth sports event who is found by the governing board of a youth sports program, the Recreation Director or the Committee to have violated one or more of the provisions contained herein may be suspended from attending, coaching, officiating or participating in one or more youth sports program for a period not to exceed 12 months from the date of the incident.
b. 
Any coach, parent, player, participant, official, or attendee of a youth sports event who is suspended from attending, coaching, officiating or participating in one or more youth sports programs for a period not to exceed 12 months may additionally be required, at the direction of the Committee, to complete an anger management counseling program, which offers services to individuals, singly or in groups, for the purposes of promoting anger control principles and shall be administered by an individual:
1. 
Licensed as a professional counselor pursuant to the provisions for the Professional Counselor Licensing Act, N.J.S.A. 45:8B-33 et seq., or
2. 
Licensed as a practicing psychologist pursuant to the provisions of the Practicing Psychology Licensing Act, N.J.S.A. 45:14B-1 et seq.
[Ord. No. 1777-2015]
a. 
The provisions of this section, Youth Sports Code of Conduct, shall be effective as of the date of its passing.
b. 
The provisions of this section, Youth Sports Code of Conduct, supersedes any and all individual youth sports program bylaws adopted by the individual youth sports programs that are inconsistent with this section.