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Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of 1971 Code §§ 4-14-7 and Ord. No. 90-5.
[Ord. No. 11-05]
This section is adopted to set forth procedures for payment of claims, bills and vouchers presented to the Township for payment both in general and between meetings of the Millstone Township Committee.
[Ord. No. 11-05]
All entities claiming monies owed by the Township shall present a detailed bill of items or demands, specifying how the bill or demand is composed, with a certification of a representative of the entity claiming payment that it is correct. Such submission of bill of demand shall be presented to the Township Financing/Purchasing Department.
[Ord. No. 11-05]
The Township Chief Financial Officer is hereby designated as the certifying and approval officer for all claims submitted to the Township.
[Ord. No. 11-05]
Payment of claims and bills presented to the Township shall be processed in accordance with the Township's Cash Management Plan that is adopted by resolution of the Millstone Township Committee each year.
[Ord. No. 11-05]
It shall be the duty of the appropriate Township representative, as designated by the Township Cash Management Plan, to sign and certify each claim indicating that the goods for which payment is demanded have been received by, or the services for which payment is demanded are rendered to, the Township. All other financial obligations of the Township shall be settled as per the Cash Management Plan and any other Township rules and regulations in effect.
[Ord. No. 11-05]
All claims presented for payment must have the accountings, copy of the invoice, and a voucher, properly signed by the claimant.
[Ord. No. 11-05]
It shall be the duty of the Chief Financial Officer to certify the existence of proper and sufficient appropriations before the payments are to be made and to determine that there is legal authority for the payments. To this end, the Chief Financial Officer may rely upon the written approval of the Purchasing Department with respect to the goods or services ordered and the incurring of the expense therefor.
[Ord. No. 11-05]
All bills, claims, debts and charges against the Township, other than salaries and wages, shall be presented to the Township Treasurer prior to the regular Township Committee meeting as set forth in the Township Cash Management Plan. The Treasurer shall send a detailed bill list to the Mayor and each Township Committee person prior to the regular Township Committee meeting. The Township Committee will sign and approve all purchase orders and return them to the appropriate Township officials as set forth in the Township Cash Management Plan.
[Ord. No. 11-05]
In the event that a claim is required to be paid between meetings of the Township Committee, the Chief Financial Officer may approve said claim provided that all of the other procedures outlined in this chapter and all other relevant Township policies are adhered to. Prior to authorizing payment, the Chief Financial Officer shall adhere to the following:
a. 
The appropriate Township officials shall present the voucher for payment to the attention of the member of the Township Committee having jurisdiction over the activity or matter for which the expenditure is incurred.
b. 
The appropriate Township officials will confirm to the Chief Financial Officer that the claim was incurred within the scope of prior specific or general authority from the Township Committee.
c. 
A report of all claims paid pursuant to this subsection shall be submitted to the Township Committee at its next meeting for ratification.
[Ord. No. 11-05]
The Chief Financial Officer, in accordance with authorized Township procedures, shall be permitted to take all actions with respect to the payment of bills and claims in between Township Committee meetings, without having to authorize the procedure outlined in subsection 2-39.9 above, so long as the action to be taken has been authorized by the Township Committee by this section.
[Ord. No. 11-05]
All checks drawn on Township accounts and to be issued by the Township shall be signed by the appropriate officials as specified in the Township Cash Management Plan or other authorized policies.
[Ord. No. 11-05]
It shall be the duty of the Chief Financial Officer or Township Treasurer or such other Officer designated by resolution of the Township Committee, to indicate on said claims that they have been approved for payment, with the date of approval noted on the claim.
[Ord. No. 84-04, § 1; Ord. 87-17, § 1]
No insurance company shall pay a claimant in excess of $2,500 for fire damages on any real property within the Township pursuant to any fire insurance policy issued or renewed after the adoption of this subsection and after the filing of this subsection with the State Commissioner of Insurance, until such time as anticipated demolition costs, all taxes and assessments, and all other municipal liens or charges due and payable, appearing on the official certificate of search of the Township, have been paid either by the owner of such real property or by the insurance company pursuant to N.J.S.A. 17:36-10; or, the Township has entered into an agreement pursuant to N.J.S.A. 54:5-19 or N.J.S.A. 54:5-65, et seq. or for the payment in full of any anticipated costs of demolition by installment if the Township Committee is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property.
[1971 Code § 10-1; Ord. 8-6-84; Ord. No. 12-14]
Subject to subsection 2-41.3, whenever any civil action has been or shall be brought against a member of the Township Committee, or other Township Official, Township employee or any Township volunteer serving on any Board, Commission, Council or in any Township-run program(s) (collectively "Township Personnel") for any action or omission arising out of or in the course of the performance of the duties of such person's office, the Township shall defray all defense costs and expenses, including reasonable attorney fees and expenses, together with cost of any appeal, for such Township personnel in accordance with subsection 2-41.2, and shall save harmless and protect such individual from any financial loss resulting from the litigation.
[1971 Code § 10-2; Ord. 8-6-84; Ord. No. 12-14]
Where the defendant is any Township personnel, other than a Township Committee member, the Township Committee shall appoint counsel for the defendant.
At the option of the member of the Township Committee who is the defendant in the civil action, the Township Committee may either designate counsel responsible to defend the Committee member or the Committee member may designate his own legal representation. If the Committee member designates his own legal representative, said designation shall be subject to the following prior to the commencement of representation:
a. 
The legal representative shall be an attorney in good standing licensed and admitted to the practice of law in the State of New Jersey.
b. 
The defendant shall submit a letter to the Township Committee indicating his desire to have a designated legal representative and shall, at the same time, designate the legal representative.
c. 
The legal representative shall agree to bill the Township at no more than the rate per hour established by the Township Committee for the Township Attorney at the time of his designation as legal representative by the defendant.
d. 
The legal representative shall periodically submit an itemized bill for all services rendered to the defendant in accordance with his designation.
e. 
The legal representative and defendant shall not enter into a settlement of the civil action without the prior approval of the Township Committee.
[1971 Code § 10-3; Ord. 8-6-84]
The Township Committee shall not be required to provide for a defense and indemnification under the following circumstances:
a. 
Where the legal proceeding involves a criminal matter or arises under the election laws of the State of New Jersey.
b. 
Where the civil action is brought by the member of the Township Committee who is seeking indemnification; provided further that where a defendant member of the Township Committee asserts a counterclaim in an action in which he is a defendant, a defense and indemnification shall be provided by the Township Committee except as to matters arising under the counterclaim.
c. 
Where the civil action is brought by the Township Committee against the defendant.
d. 
Where the civil action has resulted in punitive damages being awarded against the defendant; provided further that where Township funds have been expended in the defense resulting in the awarding of punitive damages, said funds shall be reimbursed to the Township by the defendant.
e. 
Where the civil action arises from acts or admissions not within the scope of duties of a member of the Township Committee or arises from acts of willful misconduct or actual malice.
f. 
Where the Township has obtained an insurance policy which insures the members of the Township Committee, and the insurance company has agreed to defend the cause of action and indemnify the defendant; provided further that the Township shall be liable for the payment of any minimum deductible amount which the insurance policy does not cover.
[Ord. No. 82-3, preamble; Ord. No. 03-34, § I]
The Township Committee finds and determines that the resolution of the conflict between the right of the smoker to smoke and the right of the nonsmoker to breathe clear air involves a determination of when and where, rather than whether, a smoker may legally smoke.
The Township Committee desires to establish a policy concerning smoking in the public building and facilities of the Township.
[Ord. No. 82-3, § 1; Ord. #03-34, § I]
Smoking is prohibited in all buildings owned by the Township, any portion of which is open to the general public. There shall be conspicuously posted a sign or signs indicating "SMOKING PROHIBITED" or wherein the appropriate "SMOKING PROHIBITED" international symbol is posted. The Township Office Manager shall designate a smoking area outside of each such building.
[1]
Editor's Note: Former subsection 2-42.3, Signs Posted Where Smoking Allowed, previously codified herein and containing portions of Ordinance No. 82-3, was repealed in its entirety by Ord. No. 03-34.
[Ord. No. 03-34, § I]
Smoking shall be prohibited in all Township parks and recreation areas. All Township parks and recreation areas shall be posted with a sign or signs indicating "SMOKING PROHIBITED – NO SMOKING" or the international symbol for smoking prohibited. It shall not be a defense to a charge under this subsection that the accused did not see such posting. The principle that all are deemed to know the law shall control. The Recreation Commission shall designate and delineate areas where smoking is permitted. Such areas shall be posted with signs stating "Smoking Permitted" or the appropriate international symbol for "Smoking Permitted" shall be posted.
[Ord. No. 82-3, § 3; Ord. No. 03-34, § I]
The removal or defacing of any no smoking or smoking sign or symbol from any of the aforesaid buildings or facilities, or the violation of any provision of these regulations is punishable by a fine of up to $25.
[Ord. No. 82-3, §§ 4, 5; Ord. No. 03-34, § I]
a. 
The presiding officer or officers of any committee, board, commission, authority or organization, public or private, utilizing any part of the building or facilities shall cooperate and assist the Township of Millstone in the enforcement of these regulations.
b. 
The enforcement provisions of N.J.S.A. 26:3D-46 et seq. are hereby adopted by reference.
[Ord. No. 82-3, § 6; Ord. No. 03-34, § I]
A copy of this section shall be provided to each department head and the Chairman of each board, committee and commission of the Township.
[Ord. No. 93-17]
a. 
Preamble. The Township Committee of the Township of Millstone deems it to be in the best interest of the residents of the Township to enter into a cooperative Regional Emergency Management Agreement with other Western Monmouth municipalities in order to increase the capability of each municipality in its planning and preparation to respond and mitigate emergencies/disasters as they may occur. An Agreement establishing the duties, rights and responsibilities of the participants in this program is attached hereto; and the entry into this Agreement is authorized by the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.
b. 
Authorization to Execute Agreement. The Mayor and Township Clerk are hereby authorized to execute the attached Agreement with the other municipalities indicated thereon.
c. 
Agreement on File. A copy of the proposed Agreement shall be maintained in the office of the Township Clerk and open for public inspection subsequent to the introduction of this subsection.
d. 
Effective Date. This subsection shall take effect upon adoption and publication according to law.
[Ord. No. 97-07, § I; Ord. No. 02-34]
Pursuant to N.J.S.A. App. A:9-40.1, there is hereby created the office of municipal Emergency Management Coordinator, who shall have such qualifications as provided herein and such further qualifications as required by any applicable Federal or State law, shall be a resident of the Township, serve at no compensation, be appointed by a simple majority of the Township Committee for a term contingent upon receipt of Federal and State funds, but not exceeding three years, and who shall exercise the following powers and duties:
a. 
Be responsible for the planning, organization and direction of varied emergency management operations within the Township, coordinating the activities of local municipal departments with the Township and providing them with necessary guidance and advice for the development of emergency management programs.
b. 
Coordinate the activities of the Township emergency management staff and provide definitive information concerning emergency management programs and policies.
c. 
Prepare budgets, statistical reports, evaluations and other reports as may be required.
d. 
Conduct studies and make changes in the existing organization and operation to assure a continuity between all divisions of the Township Emergency Management Unit.
e. 
Establish the Township emergency operating center.
f. 
Develop and conduct drills and exercises for the Township organization and practice operations for the municipality in cooperation with the County and State emergency management organizations.
g. 
Confer with municipal officials for the development of mutual aid programs, for the planning and organization of emergency management programs and the establishment of a municipal emergency management unit, provide advice and guidance on emergency management programs and policies, and review plans for conformity with State and County programs.
h. 
Coordinate and organize municipal emergency management plans for the Township as well as the utilization of municipal resources to assure their most effective use.
i. 
Plan and develop training programs for the Township staff and assist in the planning and review of the municipal training program for conformity with County and State criteria.
j. 
In emergency situations, coordinate the altering and mobilization of the municipal emergency management organizations and assist in the processing of requests for emergency aid and the dispatching of aid to the points of greatest need.
k. 
Attend schools, seminars and meetings which enhance the overall emergency management structure of the Township.
l. 
Act as chief of staff for the Mayor and Township Committee during emergency situations and as may be provided in statute.
m. 
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, including, but not limited to, issuing warnings and summonses for violations of restrictions and limitations contained in any declaration of a state of local disaster emergency or in an administrative order issued by the State of New Jersey. As a prerequisite to the issuance of summonses therefor, the Emergency Management Coordinator must first advise the Township Committee in writing of the fact that such restrictions and limitations have been declared so that the Township Committee may issue notice to local residents. No warnings or summonses may be issued for a period of 14 days after written notice to the Township Committee as described above. Nothing concerning this provision shall mandate any such notice by the Township Committee to residents, and if none is given, such lack of notice by the Township Committee shall not be a defense to any summons issued therefor.
n. 
Appoint deputies in accordance with N.J.S.A. App. A:9-40.3, who shall perform such duties as assigned by the Coordinator and shall have the authority set forth in paragraph m above.
[Ord. No. 98-13, § I; amended 4-21-2021 by Ord. No. 21-06]
a. 
All payments to the Township shall be by personal or business check or credit card. The Township shall not accept cash for payment of any obligations owed to the Township by any person or entity.
b. 
In the event that any person or entity shall remit any payment to the Township by personal or business check or credit card, which is dishonored by the financial institution on which the check was written or through whom the credit card is processed, all future payments to the Township shall be by certified check, treasurers check or money order for a period of one year.
c. 
Any charges to the Township for payments that are dishonored by any financial institution or credit card company shall be reimbursed by the person or entity remitting such payment.
[Ord. #99-30, § I; Ord. #00-23, § I]
This section is to establish an incentive program to increase enrollment in volunteer fire companies, first aid squads and volunteers for the Office of Emergency Management Services within the Township and award such volunteers who are residents for their tireless efforts and many hours spent to preserve and protect the health, property and welfare of the residents of the Township, 24 hours a day, without compensation. The provisions of this chapter shall be limited solely to residents of the Township who are volunteers in any volunteer fire company, volunteer first aid squad, or the Office of Emergency Management Services within the Township and who are certified as members in good standing, life members or survivors by the chief executive officer of their respective volunteer fire company, first aid squad or the Office of Emergency Management Services as well as their immediate family members. Such certification shall be filed annually, no later than January 15, with the Township Clerk by the chief executive officer of each volunteer fire company, volunteer first aid squad or the Office of Emergency Management Services.
[Ord. No. 99-30, § I; Ord. No. 00-23, § I]
As used in this section, the following words and phrases shall have the following meanings:
a. 
MEMBER IN GOOD STANDING – Shall mean any person who shall have served at least one year of continuous volunteer service in a volunteer fire company, volunteer first aid squad or with the Office of Emergency Management Services within the Township and who has been certified as such in writing by the chief executive officer of such volunteer fire company, volunteer first aid squad or Office of Emergency Management Services.
b. 
VOLUNTEER – Shall mean any individual contributing services to a volunteer fire company, volunteer first aid squad or the Office of Emergency Management without remuneration or without a formal agreement or contract for hire and who is a bona fide resident of the Township.
c. 
VOLUNTEER SERVICE – Shall mean the required percentage of activity or participation to qualify as a bona fide member of a volunteer fire department, volunteer first aid squad or Office of Emergency Management Services.
d. 
LIFE MEMBER – Shall mean an individual who has participated and given volunteer service in a volunteer fire company, volunteer first aid squad or with the Office of Emergency Management Services within the Township for the required number of years of faithful service to the volunteer organization as established by the bylaws or constitution of said organization which excuses the individual member from payment of dues and/or maintaining a certain percentage of attendance at required meetings, drills, etc., as the term life member may be individually defined by each individual service organization.
e. 
SURVIVOR – Shall mean the surviving spouse of any individual who dies while a volunteer in any volunteer fire company, volunteer first aid squad or Office of Emergency Management Services while a member in good standing or life member as defined in this section while said survivor remains a resident of the Township.
f. 
IMMEDIATE FAMILY MEMBER – Shall mean a spouse, son, daughter, step-son, or step-daughter who is less than 21 years of age and whose legal residence is the same as the legal residence for the volunteer.
[Ord. No. 99-30, § I; Ord. No. 00-23, § I]
Every member in good standing and his/her immediate family members or a life member and his/her immediate family members or survivor of a member of a volunteer fire company, volunteer first aid squad or Office of Emergency Management Services (including any and all exempt members) shall be entitled to the following benefits from the Township:
Exemption from the payment of any Township fees for Township recreation activities, Township training programs, Township licenses and permit fees, fees for the use of Township buildings and facilities and Township programs (including any and all municipal library charges), provided the fee or charge is for the personal and nonprofit use of such members and his/her immediate family members. As to any and all fees which include monies payable to the State and/or County, only the municipal portion of said fees are to be waived.
[Ord. No. 11-20]
Notwithstanding any provision of this section, no person shall be qualified for its benefits unless the Chief Executive Office of the Volunteer Fire Company, First Aid Squad or the Office of Emergency Management Services shall annually submit the certification set forth below which certifies such person is entitled to the benefits of this section:
"Certification
I, __________, being of full age, upon my oath, certifies and says:
1. I hold the office of __________, of the __________ ("organization") located in the Township of Millstone. Such office is the Chief Executive Officer of the Organization.
2. I have read Millstone Township's "Incentives for Service Volunteers" ordinance, Section 2-46 ("Ordinance"), understand it and the terms used in it.
3. I certify that the list of persons attached hereto as Exhibit "A" are:
a. Bona fide residents of the Township of Millstone as of the time of this Certification; or
b. Bona fide members in good standing of the Organization; or
c. A life member of the Organization; or
d. The surviving spouse of a person who, at the time of his/her death was a member in good standing or life member of the Organization.
4. I understand that by certifying the persons set forth on Exhibit "A", it will entitle each to receive the equivalent of a monetary benefit at public expense.
5. I certify that I have diligently undertaken to verify that each of the persons set forth in Exhibit "A" meet each requirement of the Ordinance and certify as to his/her entitlement to the Ordinance benefits.
I hereby certify the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Dated ________________"
[Ord. No. 99-14; Ord. No. 99-18]
a. 
A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward members of the volunteer Millstone Township First Aid Squad for their loyal, diligent, and devoted services to the residents of the Township of Millstone.
b. 
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 Township of Millstone pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
c. 
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as set forth in Schedule "A" attached.[1]
[1]
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
d. 
The LOSAP shall provide for contributions as credit for no more than four years of prior years services for each eligible volunteer in accordance with the following schedule:
Years
Contribution Per Eligible Member
Average Total Contribution Per Year
1 to 4
$500 to $1,150
$11,500
e. 
The estimated cost of the program has been calculated as follows:
1. 
For regular annual services at approximately $25,000 per year.
2. 
For contributions for prior years service: $11,500 per year for an estimated four years.
f. 
Each active volunteer member shall be credited with points for volunteer services provided to the Volunteer Millstone Township First Aid Squad in accordance with Schedule "B" attached hereto.[2]
[2]
Editor's Note: The schedules referred to herein may be found as an attachment to this chapter.
g. 
This section was approved by the voters as a public question at the general election of November 2, 1999.
[1]
Editor's Note: For fees to obtain copies of Township publications see Chapter 5, Section 5-2a.
[Ord. No. 02-29]
Inspection of public records shall be as prescribed by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., as amended, and as implemented by State regulation.
[Ord. No. 02-29]
Pursuant to N.J.S.A. 47:1A-5c., whenever the nature, format, manner of collation, or volume of a public record embodied in the form of printed matter to be inspected, examined, or copied pursuant to the above-referenced statute 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, in addition to the actual cost of duplicating the record, a special service charge of $25 per hour for the time that a municipal employee is required to devote to the request shall be charged. A special charge of $35 per hour for any time that Township professional personnel is required to devote to the request shall be charged. An estimated total charge shall be given to the requestor prior to preparing the copies so that the requestor shall have the opportunity to review and object to the charge. If during the copying effort, it appears that the estimate given to the requestor will be exceeded by more than 25%, a revised estimate shall be given, and an opportunity to review and object provided before the copying effort is continued.
[Ord. No. 06-32, § I]
As used in this section, the following terms shall have the meanings indicated:
CODE OF CONDUCT
A written specification of the behavior of players, parents, guardians, coaches and officials prepared by the Township of Millstone which will at a minimum incorporate the terms of this section and must be consented to in writing by the coaches, players, parents and legal guardians of the minor participants of each Township sports organization.
CODE OF CONDUCT COMMITTEE
Shall mean and be comprised of a liaison from the Millstone Township Committee, a designated member from the Township sports activity involved and three members of the Millstone Township Board of Parks and Recreation Commission, plus one of whom shall be an alternate member. Each and every January, the member of the Millstone Township Board of Parks and Recreation Commission shall be selected for a one-year term as determined by the Millstone Township Board of Parks and Recreation Commission.
[Amended 9-18-2019 by Ord. No. 19-14]
PARKS AND RECREATION COMMISSION
The Millstone Township Board of Parks and Recreation Commission.
TOWNSHIP SPORTS EVENT
Any competition, practice or instructional event involving one or more Township sports organizations.
TOWNSHIP SPORTS ORGANIZATION
Any sports organization pursuant to a Township-sponsored charter which is affiliated with or receives monetary support from the Township of Millstone, which sports organization participates in sporting competitions involving minors, whose sports events are sponsored solely by the Parks and Recreation Committee.
[Ord. No. 06-32, § I; amended 9-18-2019 by Ord. No. 19-14]
The participants, parents or legal guardians of minor participants, coaches and officials of every Township sports organization shall be required to follow the Code of Conduct, set forth as follows:
I hereby pledge to be responsible for my words and actions, including but not limited to, actions on social media, electronic communications and the like, and shall conform my behavior to the following code of conduct:
1. I will not engage in unsportsmanlike conduct with any coach, parent, player, participant, official or any other attendee.
2. I will not encourage my child, or any other person, to engage in unsportsmanlike conduct with any coach, parent, player, participant, official or any other attendee.
3. I will not engage in any behavior which would endanger the health, safety or well-being of any coach, parent, player, participant, official or any other attendee.
4. I will not encourage my child, or any other person, to engage in any behavior which would endanger the health, safety or well-being of any coach, parent, player, participant, official or any other attendee.
5. I will not use drugs or alcohol while at a Township sports event and will not attend, coach, officiate or participate in a Township sports event while under the influence of drugs or alcohol.
6. I will not permit my child, or encourage any other person, to use drugs or alcohol at a Township sports event and will not permit my child, or encourage any other person, to attend, coach, officiate or participate in a Township sports event while under the influence of drugs or alcohol.
7. I will not engage in the use of profanity.
8. I will not encourage my child, or any other person, to engage in the use of profanity.
9. I will treat any coach, parent, player, participant, official or any other attendee with respect regardless of race, creed, color, national origin, sex, sexual orientation or ability.
10. I will encourage my child to treat any coach, parent, player, participant, official or any other attendee with respect regardless of race, creed, color, national origin, sex, sexual orientation or ability.
11. I will not engage in verbal or physical threats or abuse aimed at any coach, parent, player, participant, official or any other attendee.
12. I will not encourage my 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.
13. I will not initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
14. I will not encourage my child, or any other person, to initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
15. I will abide by any decision rendered by the Code of Conduct Committee.
16. I will be responsible for the behavior of all those attending a Township sports event on my child's behalf.
Signature
[Ord. No. 06-32, § I]
The Code of Conduct will be made available to all coaches and players, parents and legal guardians of each child participating in a Township sports organization.
[Ord. No. 06-32, § I]
a. 
A coach, parent, player, participant, official or other Township sports event attendee who violates one or more of the provisions contained in the Code of Conduct may be banned from attending, coaching or participating in at least one Township sports event if the person:
1. 
Has been issued a prior written warning or violating one or more of the provisions contained in the Code of Conduct; or
2. 
Throws or causes to be deposited any object on the field of play, court or rink during any Township sports event; or
3. 
Violates the Code of Conduct by engaging in verbal or physical threats or abuse aimed at any coach, parent, player, participant, official or any other attendee.
b. 
Any parent, guest, spectator, coach or official at any Township sports event who participates in a fight, scuffle, or any type of physical confrontation, abuse or threats of abuse towards any player, coach, official, parent, or spectator will be banned from attendance at all Township sports events within the Township of Millstone for a period to be determined by the Code of Conduct Committee.
c. 
Any violation of a discipline or ban issued by the Code of Conduct Committee may result in additional penalties being added to the discipline or ban.
[Ord. No. 06-32, § I]
Any parent, official, coach or spectator at any Township sports event shall be subject to the authority of all field officials, including umpires, referees, elected league officials, Recreation Commission personnel or coaches of the Township sports event. This authority shall include the authorization to direct any person or persons involved in any incident in violation of this section or the Code of Conduct to immediately remove themselves or be removed from the premises.
[Ord. No. 06-32, § I]
a. 
Any violations of the Code of Conduct will fall under the jurisdiction of Township sports event officials. The Township sports event officials shall immediately report any violations directly to the Recreation Coordinator and that respective sports’ Recreation Commission liaison.
[Amended 9-18-2019 by Ord. No. 19-14]
b. 
Any person receiving a penalty who wishes to contest same shall appeal to the Code of Conduct Committee within 14 calendar days from the date of the penalty by forwarding a written statement of the penalty and the basis of such person's contest of the penalty, via personal delivery, fax or certified mail, to the Chairperson of the Code of Conduct Committee, c/o Township of Millstone, P.O. Box 240, Perrineville, New Jersey 08535.
[Amended 9-18-2019 by Ord. No. 19-14]
c. 
Should no penalty be issued by Township sports event officials, any individual involved in the incident in question may report the incident to the Code of Conduct Committee within 14 calendar days from the date of the incident to the Chairperson of the Code of Conduct Committee, c/o Township of Millstone, P.O. Box 240, Perrineville, New Jersey 08535.
d. 
Upon receipt of such appeal, or upon receipt of a complaint from a parent, official, coach, Parks and Recreation Commission personnel, spectator, or participant, the Code of Conduct Committee shall convene within 14 calendar days and provide an opportunity for said person and any interested person or persons to appear and be heard with respect to the occurrence of any violation and action taken by the Township sports event officials.
e. 
The Code of Conduct Committee will review statements, firsthand accounts and any other pertinent information or documentation relevant to the violation and, upon a majority vote of the Code of Conduct Committee present at such hearing, may sustain, overturn, or modify the penalty by increasing or decreasing the penalty, if any, or issue a penalty where none was previously issued, consistent with this section or the Code of Conduct.
f. 
Any person who has been issued a penalty other than a ban from attending, coaching or participating in a Township sports event will be reinstated with full rights and authority until such time that a determination and disposition of his/her appeal has been made by the Code of Conduct Committee.
g. 
All notices of banning shall remain in effect until overturned or modified by the Code of Conduct Committee.
h. 
In the event any notice of violation is not appealed within 14 calendar days of such notice, said notice of violation and action taken by the Township sports event officials, including banning from Township sports events or other action taken, shall become final.
i. 
Any person who, in violation of a finding of the Code of Conduct Committee, knowingly enters onto facilities or properties owned, controlled, leased or operated by the Township, after being given notice of a ban pursuant to this section, shall be subject to prosecution as a defiant trespasser pursuant to N.J.S.A. 2C:18-3 or such other provisions of the law deemed appropriate.
[Ord. No. 06-32, § I]
a. 
Any parent, league official, coach or spectator who is banned from a Township sports event for a violation of this section or the Code of Conduct may be required to complete anger management or an equivalent counseling program at his/her own expense, consisting of not less than 12 hours of instruction and shall provide proof of satisfactory completion to the Code of Conduct Committee. This determination shall be made at the sole discretion of the Code of Conduct Committee.
[Amended 9-18-2019 by Ord. No. 19-14]
b. 
A coach, parent, player, spectator or league official or other Township sports event attendee may be permitted, pursuant to approval by the Code of Conduct Committee, to attend, coach, officiate or participate in a Township sports event from which the person has been banned pursuant to § 2-49.4 if the person:
[Amended 9-18-2019 by Ord. No. 19-14]
1. 
Provides a written request for permission to resume participation or attendance to the Code of Conduct Committee, after the one year ban has expired; and
2. 
Provides a written apology to the Township sports organization which issued the ban, and to the person or persons who were the subject of the behavior which constituted the violation of the Code, as directed by the Township sports organization.
c. 
An anger management counseling program must, at a minimum, offer services to individuals, singly or in groups, for the purposes of promoting anger control, principles and shall be administered by an individual:
1. 
Licensed as a professional counselor pursuant to the provisions of the Professional Counselor Licensing Act, N.J.S.A. 45:8B-33 et seq., or
2. 
Licensed as a practicing psychologist pursuant to the provisions of the Practicing Psychology Licensing Act, N.J.S.A. 45:14B-1 et seq.
[Ord. No. 06-34, § I]
The purpose of this section is to compel the filing of a Notice of Tort Claim by potential claimants against the Township, which notice will require providing more detailed information to the Township pursuant to N.J.S.A. 59:8-6 in order that the Township may more completely investigate and evaluate potential claims against it.
[Ord. No. 06-34, § I]
All notices of potential tort claims against the Township of Millstone pursuant to the New Jersey Tort Claims Act (N.J.S.A. 59:8-1 et seq.) shall be in the form attached hereto and made a part hereof.[1]
[1]
Editor's Note: The form referred to herein may be found as an attachment to this chapter.
[Ord. No. 06-34, § I]
All persons making claims against the Township of Millstone pursuant to the New Jersey Tort Claims Act (N.J.S.A. 59:8-1 et seq.) are hereby required to complete the form herein adopted as a condition of compliance with the notice requirements of the New Jersey Tort Claims Act. Failure to file the attached form, completed and executed, within the time prescribed by the New Jersey Tort Claims Act, shall bar any further proceeding against the Township of Millstone for any incident arising under, pursuant to or covered by the New Jersey Tort Claims Act.
[Ord. No. 08-18, § I]
a. 
Purpose. The purpose of this section is to comply with N.J.S.A. 43:15C-2 and the guidelines promulgated by the New Jersey Department of Community Affairs, Division of Local Government Services, as set forth in Local Finance Notice 2008-10 requiring that local governing bodies adopt an ordinance identifying positions eligible for membership in the Defined Contribution Retirement Program (DCRP) as established by N.J.S.A. 43:15C-1 et seq. and those positions which are eligible for membership in the Public Employees Retirement System (PERS).
b. 
Pension Certifying Official. The Township's Chief Financial Officer, functioning as the Pension Certifying Official is responsible for making determinations concerning enrollment in PERS and DCRP, subject to review by the State of New Jersey Department of the Treasury, Division of Pensions and Benefits.
c. 
Positions Eligible for Membership in PERS. The following are positions or descriptions of circumstances under which a person holding a position is eligible for membership in PERS:
1. 
Positions that are a "routine" appointment by the governing body as set forth and explained in N.J.S.A. 43:15C-2(a)(3). For example, administrative support staff and public works rank and file staff.
2. 
Individuals holding a professional license or certificate and serving in any of the following capacities:
(a) 
Certified Health Officer.
(b) 
Tax Collector.
(c) 
Chief Financial Officer.
(d) 
Construction Code Official.
(e) 
Qualified Purchasing Agent.
(f) 
Tax Assessor.
(g) 
Municipal Planner.
(h) 
Registered Municipal Clerk.
(i) 
Licensed Uniformed Subcode Inspectors.
(j) 
Person holding the certification for "Certified Public Works Manager," commonly known as "Principal Public Works Manager."
3. 
A person appointed to a temporary or interim "acting" position requiring a professional license or certification for the positions set forth in paragraph 2 above.
4. 
A person employed by the Township who is already enrolled in a PERS position, but thereafter promoted through a valid promotion to a position which would otherwise require DCRP enrollment.
5. 
An individual who was a member of PERS on or before June 30, 2007 even though appointed to a DCRP position, if such person has "continuously" been a member of PERS since that time. "Continuously" as used herein shall mean that a period of no more than two years has elapsed from the time the individual left employment in a PERS position until the time that the person was reemployed.
d. 
Positions Requiring Enrollment in DCRP. Except as otherwise described in paragraph c above, the following positions are only eligible for DCRP enrollment:
1. 
Positions that involve executive decision-making or are senior management whose hiring or appointment requires approval of the governing body as based on statute or ordinance. The following positions, providing they are not filled pursuant to a professional services resolution or professional services agreement and provided the employee holding such position is salaried:
(a) 
Township Administrator.
(b) 
Any Department Head.
(c) 
Municipal Attorney.
(d) 
Municipal Engineer.
(e) 
Municipal Prosecutor.
(f) 
Municipal Court Judge.
e. 
No person employed pursuant to a professional services resolution or a professional services agreement shall be eligible for enrollment in either the DCRP or PERS.
f. 
All PERS membership appointments are subject to review and approval of the State of New Jersey Department of the Treasury, Division of Pensions and Benefits.
g. 
Interpretation of the Section. All interpretations of this section and application of its provisions shall be guided by and in accordance with Local Finance Notice 2008-10 and any amendments or supplements thereto.
[Ord. No. 11-13]
The Township Committee shall appoint a Registrar of Vital Statistics in accordance with N.J.S.A. 26:8-11 and 26:8-16, for a term of three years. The Registrar, immediately upon acceptance of the appointment, shall appoint a deputy to assist in the normal, day-to-day operation of the office and to act in the Registrar's stead in case of absence, disability or death of the Registrar. The Registrar and the Deputy Registrar will receive the customary fees in compensation in accordance with N.J.S.A. 26:8-56 to 26:8-65.
[Ord. No. 11-13]
The duties of the Registrar and the Deputy Registrar of Vital Statistics shall be as set forth in N.J.S.A. 26:8-25, including, but not limited to, the following:
a. 
Secure reporting of births, marriages, civil unions, domestic partnerships, deaths and reportable diseases;
b. 
Make copies of vital records, transmitting original certificates and copies to agencies as required by law; and
c. 
Issue licenses, permits and copies of vital records as provided by law.
[Ord. No. 2017-01]
The Treasurer shall prepare the payroll and it shall be certified by the person authorized to certify that the services have been rendered. Payroll checks shall be signed by those authorized by Township resolution.
[Ord. No. 2017-01]
The purpose and intent of these regulations is to abide by the requirements of N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq., governing electronic disbursement controls for payroll purposes.
[Ord. No. 2017-01]
APPROVAL OFFICER
Shall mean person(s) responsible for authorizing and supervising the activities of the payroll service.
MUNICIPALITY
Shall mean Millstone Township, Monmouth County.
PAYROLL SERVICE
Shall mean third-party payroll service organization.
[Ord. No. 2017-01]
a. 
Millstone Township, Monmouth County, is authorized to use a payroll service to prepare payment documentation, take possession of Township funds, and make such disbursements itself on behalf of the Township.
b. 
The following payroll service providers shall be required to comply with these regulations:
1. 
Payroll service providers who use their own customized programming process to execute disbursement for the Township;
2. 
Payroll service providers who use a third-party processor to execute disbursements for the Township.
[Ord. No. 2017-01]
a. 
The appointment of a payroll service shall be pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and shall require the contractor to do the following, not by way of limitation: data collection, agency report preparation, calculation of withholding, direct deposit of payroll disbursements, and/or transfer of Township funds to contractor's account for subsequent disbursement of payment.
b. 
Any renewal or extension of a contract under these regulations shall be by resolution.
c. 
The Chief Financial Officer is hereby appointed the approval officer and is responsible for authorizing and supervising the activities of the payroll service and shall further be charged with the reconciliation and analysis of all general ledger accounts affected by the activities of the disbursing organization.
d. 
If required by the contract between the Township and the payroll service, the payroll service is permitted to hold Township funds pending transmittal to a payee.
[Ord. No. 2017-01]
a. 
A payroll service must meet all of the following requirements:
1. 
Report any irregularities that may indicate potential fraud, noncompliance with appropriate laws, dishonesty or gross incompetence on the part of the approval officer;
2. 
Report circumstances that could jeopardize its ability to continue operations or otherwise interrupt the services provided to the Township.
b. 
A payroll service must meet the requirements of N.J.A.C. 5:30-17.5, requiring that the approval officer be assured that the servicer has its own internal controls and appropriately guard against theft and other adverse conditions.
c. 
All contracts entered into pursuant to these regulations and the laws authorizing the same shall comply with the requirements of N.J.A.C. 5:30-17.6, which sets out a series of mandatory contractual terms and conditions.
[Ord. No. 2017-01]
Upon the adoption of these regulations, the Township Committee, with the assistance of the Chief Financial Officer and the Township Attorney, as necessary, is hereby authorized and directed to enter into a contract for payroll service in accordance with all local public contracting laws and N.J.A.C. 5:30-17. Appointment of the payroll service shall be by separate resolution of the Township.