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:
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]
[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]
[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.
[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; amended 3-7-2023 by Ord. No. 1867-2023]
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: $25 each.
9.
Issuance of an original or duplicate firearms identification card:
$50.
10.
Permit
to carry a handgun: $150.
11.
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:
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.
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.
f.
Emergency Calls Answered: 750 points maximum.
Ten points for each emergency call answered.
h.
Miscellaneous: 100 points maximum.
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:
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.
Shall mean any competition, practice, or instructional event
involving one or more youth sports programs.
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:
[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.
