[Adopted 2-14-1973 by Ord. No. 79; amended 7-11-1994 by Ord. No. 79-2]
Any person claiming payment from the Borough of Roosevelt shall
first submit a detailed statement of the items or demand necessitating
such claim to the responsible executive agency, specifying particularly
how the bill or demand is made up, and a certification of the party
claiming payment that it is correct. No bill, claim or demand shall
be considered for payment unless the voucher has attached to it (or
includes) a certification from a designated Borough employee, having
personal knowledge of the facts that the goods have been received
by, or the services rendered to the Borough of Roosevelt, and that
those services or goods are consistent with an existing contract or
purchase order. The Treasurer shall have the duty to audit, warrant
and make recommendations on all claims and bills.
The bill or claim duly certified shall be presented to the Borough
Clerk for inclusion in the proceedings of the next immediate formal
meeting of the Governing Body and it shall be the duty of the Purchasing
Agent to examine all bills or claims submitted for payment in order
to ascertain if proper administrative procedures have been followed.
All claims or bills to be considered by the Governing Body shall be
listed systematically and without preference and said list shall be
made available to every member of the Governing Body prior to formal
action by the Governing Body.
Claims shall be considered by the Borough Council which shall
approve the same, except that the Governing Body may reject any claim
presented to it, stating the reason for such rejection. Any tie votes
may be broken by vote of the Mayor. Any disapproved claim shall be
referred back to the Borough Clerk with such instructions as the Governing
Body may give at the time of disapproval.
It shall be the duty of the Borough Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the Governing Body has by formal action approved the
same with appropriate records as to any claims disapproved or rejected.
All records pertaining to approved or disapproved bills or claims
shall be available for public inspection.
The Treasurer shall make disbursements upon receipt of an order
by Borough Council, attested by the Borough Clerk. If in the event
that the Mayor vetoes the payment of any claims or bills, the Treasurer
may be authorized to make payment by a vote of the Borough Council
whereby at least two-thirds of all Council members vote to override
such veto of any claim or bill.
After the Borough Clerk has certified that the claims have been
approved, he shall turn the same over to the Treasurer, who shall
forthwith prepare the necessary checks for the payment thereof, which
checks shall be signed by the Mayor and Borough Clerk and thereafter
signed by the Treasurer. After preparing checks for the payment of
claims, he shall record them in proper books of account and thereafter
mail the checks to the claimants.
[Adopted 11-12-1991 by Ord. No. 152]
Except as otherwise provided in subsection 2-41.2, no insurance company shall pay to any claimant any claim in excess $2,500 for fire damage on any real property located within the Borough of Roosevelt, pursuant to any fire insurance policy issued or renewed after the adoption of this section and after the filing of Ordinance No. 152 with the State Commissioner of Insurance, until such time as any anticipated demolition costs and taxes and assessments and all other municipal liens or charges due are payable, appearing on the official certificate of search, shall have been paid by either the owner of the real property or by the insurance company.
The Borough Council may enter into an agreement with the owner
of any fire-damaged property to pay in full all delinquent taxes,
assessments or other municipal liens by installments, or for the payment
in full of any anticipated costs of demolition by installments, if
the Borough Council is satisfied that the claim for fire damages is
to be used to restore or improve the fire-damaged property. A certified
copy of any resolution of agreement shall be provided to the insurance
company that has insured the property for fire damage.
This section shall be effective upon publication and filing
with the State Commissioner of Insurance.
[New]
Any applicant for a variance, subdivision of land, site plan
approval, historic review approval, building permit, certificate of
occupancy, soil removal permit or other similar relief which can be
granted by the Governing Body or a board, agency or subagency thereof
regarding any parcel of land or real property located in the Borough
shall first submit a certificate with the application for the relief
sought indicating that all real estate taxes and assessments against
such property and which are due and payable have been paid in full
through the calendar quarter during which said application is filed.
[New]
No relief referred to in subsection 2-42.1 shall be issued by the Governing Body, board, agency, subagency, officer or employee unless all taxes and assessments which are due and payable have been paid in full through the calendar quarter in which relief is to be granted or decision or action is to be made or taken by such body.
[Adopted 2-14-1994 by Ord. No. 168]
The Mayor and Council of the Borough of Roosevelt are hereby
authorized and directed to promulgate, by resolution, the Personnel
Code of the Borough of Roosevelt, (hereafter the "Code"), pursuant
to the procedures set forth herein.
The Code shall, in a manner consistent with Federal, State and
Borough law, set forth in regulation form policies and procedures
relating to the terms and conditions of employment of Borough employees
which include but are not limited to appointment, hours of employment,
vacations, leave, compensation, discipline and termination.
No regulation or amendment thereto shall become effective in
fewer than 10 days following the distribution of same to the Borough
employees.
[Adopted 9-24-2012 by Ord. No. 254]
It shall be the policy of the Borough of Roosevelt to create
such a regulation which states that a business entity which makes
political contributions to municipal candidates and municipal and
county political parties in excess of certain thresholds shall be
limited in its ability to receive public contracts from the Borough
of Roosevelt.
As used in this section:
a.
Campaign Committee shall mean (i) every candidate for Borough of
Roosevelt elective municipal office; (ii) every candidate committee
established by or for the benefit of a candidate for Borough of Roosevelt
elective municipal office; (iii) every joint candidate committee established
in whole or in part by or for the benefit of a candidate for Borough
of Roosevelt elective municipal office; (iv) every political party
committee of the Borough of Roosevelt; (v) every political party committee
of the County of Monmouth; and (vi) every political committee, continuing
political committee, or other form of association or organization
that regularly engages in the support of candidates for the Borough
of Roosevelt or County of Monmouth elective offices or Borough of
Roosevelt municipal or County of Monmouth political parties or political
party committees. The terms in the foregoing paragraph have the meaning
prescribed in N.J.A.C. 19:25-1.7.
b.
Contribution shall have the meaning prescribed in N.J.A.C. 19:25-1.7.
By way of illustration, and not limitation, this definition includes
pledges, loans, and in-kind contributions.
c.
Contract for professional or extraordinary services shall mean all
contracts for "professional services" and "extraordinary unspecifiable
services" as such term is used in N.J.S.A. 40A:11-5.
d.
Business entity, whose contributions are regulated by this section
shall mean: (i) an individual including the individual's spouse, and
any child/children; (ii) a firm; corporation; professional corporation;
partnership; limited liability company; organization; association;
and any other manner and kind of business entity; (iii) any person
who owns 10% or more of the equity or ownership or income interests
in a person or entity as defined in subparagraphs (i) and (ii) above
and their spouses and child/children; (iv) all partners or officers
of such an entity, in the aggregate, and their spouses and child/children;
(v) any person, subcontractor, subsidiary, corporation, firm, partnership,
limited liability company, organization or association who has received
or indefeasibly acquired the right to receive, from a person described
in subparagraph (i) above, more than $100,000 in compensation or income
of any kind (including, by way of illustration, and not limitation:
wages, salaries, sums paid to independent contractors, benefits, dividends,
profit-sharing, pension contributions, deferred contributions, stock,
stock options or gifts), in any twelve-month period prior to the award
of, or during the term of, a contract subject to this section; and
(vi) all persons who are an "affiliate" of a business entity as defined
in subparagraphs (i), (ii) and (v) above, as such term is used in
11 U.S.C. 101(2).
a.
To the extent that it is not inconsistent with State or Federal law,
the Borough of Roosevelt and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract to procure "professional services" as such term is defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(I)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "professional
services"), nor "extraordinary unspecified services" as such term
is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:115(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service (hereinafter "extraordinary
unspecified services") from any business entity if such business entity
has solicited or made any contribution to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in Borough of Roosevelt or a holder of public office
having ultimate responsibility for the award of a contract, or (ii)
to any Borough of Roosevelt or County of Monmouth political committee
or political party committee, or (iii) to any continuing political
committee or political action committee that regularly engages in
the support of Borough of Roosevelt municipal or County of Monmouth
elections and/or Borough of Roosevelt municipal or County of Monmouth
candidates, candidate committees, joint candidate committees, political
committees, political parties, political party committees, (hereinafter
"PAC"), in excess of the thresholds specified in paragraph c within
one calendar year immediately preceding the date of the contract or
agreement.
b.
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Borough of Roosevelt
or any of its departments or instrumentalities, for the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make any contribution, to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in Borough of Roosevelt, or a holder of public office
having ultimate responsibility for the award of a contract, or (ii)
to any Borough of Roosevelt political committee or political party
committee, or (iii) any PAC between the time of first communication
between that business entity and the Municipality regarding a specific
agreement for professional services or extraordinary unspecified services,
and the later of the termination of negotiations or rejection of any
proposal, or the completion of the performance or specified time period
of that contract or agreement.
c.
The monetary thresholds of this section are: (i) a maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for Mayor or Governing Body, or $500 per calendar year to any joint candidates committee for Mayor or Governing Body, or $300 per calendar year to a political committee or political party committee of the Borough of Roosevelt; (ii) $1,000 maximum per calendar year to a County of Monmouth political committee or political party committee; and (iii) $500 maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in paragraph a., or engaged in negotiations for a contract defined in paragraph a., when such business entity's contribution is aggregated with all "persons" defined in paragraph d of subsection 2-44.2, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Roosevelt candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Roosevelt or County of Monmouth political committees and political party committees as described herein combined can be made, without violating paragraph of this subsection.
d.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be (i)
the Borough of Roosevelt Mayor or Governing body, if the contract
requires approval or appropriation from the Mayor or Governing body,
or (ii) the Mayor of the Borough of Roosevelt, if the contract requires
approval of the Mayor, or if a public officer who is responsible for
the award of a contract is appointed by the Mayor.
e.
Rules regarding subcontractors. No person may be awarded a subcontract
to perform under a contract subject to this section, if the subcontractor
would be disqualified by paragraph a from receiving the contract at
the time that the subcontract is awarded. Nor may any person who would
be disqualified by paragraph a from receiving the contract perform
substantially all of obligations described in a contract for professional
or extraordinary services that is subject to this section.
No contribution or solicitation of contributions made prior
to the effective date of this section shall be deemed to give rise
to a violation of this section.
No contract subject to this section may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this section
if it were an initial contract.
a.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Roosevelt or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he has not made a contribution in violation of subsection 2-44.3. The Borough of Roosevelt, its purchasing agents and departments shall be responsible for informing the Borough Council that the aforementioned sworn statement has been received and that the business entity is not in violation of this section, prior to awarding the contract or agreement.
b.
A business entity shall have a continuing duty to report to the Borough
of Roosevelt any contributions that constitute a violation of this
section that are made during the negotiation, proposal process or
the duration of a contract. The Borough of Roosevelt, its purchasing
agents and departments shall be responsible for informing the Governing
Body within 10 business days after receipt of said report from the
business entity, or at the next Borough Council meeting following
receipt of said report from the business entity, or whichever comes
first.
c.
The certification required under this subsection shall be made prior
to entry into the contract or agreement with the Borough of Roosevelt,
or prior to the provision of services or goods, as the case may be,
and shall be in addition to any other certifications that may be required
by any other provision of law.
A business entity that is a party to a contract for professional services or extraordinary unspecified serves may cure a violation of subsection 2-44.3, if, within 30 days on which the applicable ELEC report is published, said business entity notifies the Borough in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in subsection 2-44.3a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20 et seq.
[New]
a.
It shall be a material breach of the terms of a Borough of Roosevelt
agreement or contract for professional services or extraordinary unspecified
services when a business entity that is a party to such agreement
or contract has: (i) made or solicited a contribution in violation
of this section, (ii) knowingly concealed or misrepresented a contribution
given or received; (iii) made or solicited contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution; (iv) made or solicited any contribution on the condition
or with the agreement that it will be recontributed to a candidate,
candidate committee or joint candidates committee of any candidate
for elective municipal office in Borough of Roosevelt, or a holder
of public office having ultimate responsibility for the award of a
contract, or any Borough of Roosevelt or County of Monmouth political
committee or political party committee, or any PAC; (v) engaged or
employed a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution,
which if made or solicited by the professional business entity itself,
would subject that entity to the restrictions of this section; (vi)
funded contributions made by third parties, including consultants,
attorneys, family members, and employees; (vii) engaged in any exchange
of contributions to circumvent the intent of this section; or (viii)
directly or indirectly, through or by any other person or means, done
any act which if done directly would subject that entity to the restrictions
of this section.
b.
Furthermore, any business entity that violates subsection 2-44.9a, items (i) — (viii), shall be disqualified from eligibility for future Borough of Roosevelt contracts for a period of four calendar years from the date of the violation.
c.
Any person who knowingly, purposely, or recklessly violates any provision of this section, or who conspires with another person to violate any provision of this section, or who, with the purpose of promoting or facilitating a violation of this section, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall be subject to punishment including fines and/or imprisonment as fixed by law for violations of the ordinances of the Borough of Roosevelt as stated in Chapter 1, Section 1-5, General Penalty.
In addition to any rights that were heretofore available, or
which may hereafter be available, to citizens, taxpayers, or associations,
to challenge violations of this section, every person aggrieved by
a violation of the section, or any taxpayer or resident of the Borough
of Roosevelt has the right, consistent with the Rules of Court, to
file charges in a court of competent jurisdiction, and/or to pursue
a civil action for a violation of this section in a court of competent
jurisdiction, and to seek and obtain declaratory, injunctive, or other
legal or equitable relief, including but not limited to, attorneys
fees and costs, arising from or related to a violation of this section.
If any provision of this section, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this section to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid shall not be affected thereby,
and to this extent the provisions of this section are severable.
The monetary thresholds of subsection 2-44.2d and subsection 2-44.3c shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey-Long Island region, rounded to the nearest $10. The Borough Clerk of the Borough of Roosevelt shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
All ordinances or parts of ordinances which are inconsistent
with any provisions of this section are hereby repealed as to the
extent of such inconsistencies.
[Ord. No. 254 adopted 9-24-2012]
This section shall become effective 20 days following the final
adoption thereof by the Borough Council of the Borough of Roosevelt
and shall be published as required by law.
[Adopted 2-13-1995 by Ord. No. 175]
Subject to subsection 2-45.3, whenever any civil action has been or shall be brought against the Mayor, a member of the Borough Council, or other Borough Official, any member of any board, commission, council or other agency of the Borough (hereinafter "Borough Official") or Borough employee for any action or omission arising out of or in the course of the performance of the duties of such person's office, the Borough shall defray all defense costs and expenses, including reasonable attorney's fees and expenses together with the cost of any appeal, in accordance with subsection 2-45.2 and shall save harmless and protect such individual from any financial loss resulting from the litigation.
The Borough Council shall appoint counsel for the defendant entitled to indemnification pursuant to subsection 2-45.1. The defendant may, however, designate his own legal representative, which designation shall be subject to the following restrictions:
a.
The legal representative shall be an attorney in good standing licensed
and admitted to practice law in the State of New Jersey.
b.
The defendant shall submit a letter to the Borough Council 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 Borough at no more
than the rate per hour established by the Borough Council for the
Borough Attorney at the time of the legal representative's designation
as counsel by the defendant.
d.
The legal representative shall, on a monthly basis, submit an itemized
bill for all services rendered to the defendant in accordance with
the designation and shall complete such forms and/or vouchers as required
for payment by the Borough.
e.
Agreement that the legal representative and defendant shall not enter
into a settlement of the civil action without prior approval of the
Borough Council.
The Borough shall not be required to provide a defense and/or
indemnification pursuant to this section under the following circumstances:
a.
Where the legal proceeding involves a criminal law or arises under
the Election Laws of the State of New Jersey.
b.
Where the civil action is commenced by the Borough Official or employee otherwise entitled to indemnification pursuant to subsection 2-45.1; provided further that where the Borough Official or employee asserts a counterclaim in an action in which such member is a defendant, a defense and indemnification shall be provided by the Borough except as to the matters arising under the counterclaim.
c.
Where the civil action is brought by the Borough against the defendant.
d.
Where the civil action has resulted in punitive damages being awarded
against the defendant; provided further that where the Borough funds
have been expended in the defense resulting in the awarding of punitive
damages, such funds shall be reimbursed to the Borough by the defendant.
e.
Where the action arises from acts or omissions not within the scope
of duty of the Borough Official or employee or arises from acts of
willful misconduct or actual malice.
f.
Where the Borough obtained an insurance policy which insures the
Borough Officials or employee and the insurance company agreed to
defend the cause of action and indemnify the defendant; provided further
that the Borough shall be liable for the payment of any minimum deductible
amount which the insurance policy does not cover.
[Adopted 5-13-2013 by Ord. No. 258 and repeals Ord. No.
132 and Ord. No. 193]
There shall be no residency requirement for the appointment
of any officer or employee of the Borough of Roosevelt for any offices
or positions, except as required by law.
[Adopted 2-10-2014 by Ord. No. 263]
The terms of office of all Borough officials and employees,
except as provided by statute, shall be annual and shall expire on
December 31st of the year of appointment or until a successor is duly
appointed.
