[Ord. No. 653 § 1]
No payment may be made by any insurance company of any claim
in excess of $2,500 for fire damages on any real property located
within the Borough of Sea Girt issued or renewed after adoption of
this section and its filing with the State Commissioner of Insurance
until such time as (i) anticipated demolition costs and all taxes
and assessments and all other municipal liens or charges due and payable,
appearing on the official certificate of search; or (ii) all taxes
and assessments and all other municipal liens or charges due and payable,
appearing on the official certificate of search, shall have been paid
either by the owner of such real property or by the insurance company,
unless the Borough submits to the insurance company a resolution of
agreement with the landowner pursuant to N.J.S.A. 17:36-11.
[Ord. No. 879 § 1]
The Borough of Sea Girt will participate in the LOSAP program
established by the Borough of Manasquan sharing a common plan administrator
for the benefit of the active volunteers serving in the Manasquan
First Aid Squad, Inc. (LOSAP approved by voters in 2003)
[Ord. No. 879 § 2]
The estimated total cost of the program to the Borough of Sea
Girt is $10,500, representing 30% of the total program. The amount
will be the obligation of the Borough of Sea Girt to be paid annually
upon receipt of a certified statement of the total amount expended.
[Ord. No. 879 § 4,
5]
This section shall not take effect unless it is approved and
ratified by the voters as a public question at the next general election.
A certified copy of this section and the LOSAP Law shall be made available
to members of the general public at the Office of the Municipal Clerk.
[Ord. No. 721]
The Sea Girt Fire Department and Fire Police consist of volunteers
contributing their time and services without compensation for the
protection of residents and property within the Borough of Sea Girt.
[Ord. No. 721; New]
All active members of the Sea Girt Fire Department and Fire
Police who have responded to 30% of calls and drills during the previous
year as certified by the President of the Fire Company will be entitled
to receive without charge a Borough of Sea Girt season beach badge
good for the succeeding season.
[Ord. No. 10-2008 § 1]
Borough personnel are eligible for enrollment in various State
pension programs including the Public Employee's Retirement System,
(hereinafter "PERS"), Defined Contribution Retirement Program (hereinafter
alternatively referred to as "DCRP") and Police and Firemen's
Retirement System (hereinafter PFRS).
[Ord. No. 10-2008 § 2]
Unless otherwise exempted, the following persons shall be eligible
and shall participate in the Defined Contribution Retirement Program:
a.
A person commencing a position as Borough Councilperson on or after
July 1, 2007, or any elected official who commenced such position
prior to that time, was out of office on any day after July 1, 2007,
or who was not enrolled in PERS on any date after July 1, 2007.
b.
Any person appointed to a position within the Borough whose appointment
requires the consent of the Borough Council except:
1.
Routine appointments below the level of Department Head.
2.
Persons holding professional license or certificate to perform and
is performing as a Certified Health Officer, Tax Assessor, Tax Collector,
Municipal Planner, Chief Financial Officer, Registered Municipal Clerk,
Construction Code Official, Licensed Uniform Subcode Inspector, Qualified
Purchasing Agent, or Certified Public Works Manager.
3.
A person who is appointed to a temporary or "acting" capacity to
one of the position identified in paragraph a above, provided that
appointment is for a limited term in order to give the person the
opportunity to obtain required certification.
4.
In the event a person has more than one position within the Borough
and one position is DCRP mandated and the other is not, the person's
salary shall be prorated between the positions to effectuate this
section.
5.
Any Borough personnel eligible to be enrolled in or who becomes enrolled
in the Police and Firemen's Retirement System.
c.
Any person who is granted a pension or retirement allowance under
any pension fund or retirement system established by the State of
New Jersey, who chooses to participate in DCRP pursuant to N.J.S.A.
43:4C-3 upon being elected to public office.
d.
To the extent any individual otherwise eligible for the DCRP is enrolled
in the Teacher's Pension and Annuity Fund or PERS and is subject
to the annual maximum wage contribution base for Social Security,
that individual is eligible only for the excess compensation, if any
over such maximum wage contribution.
[Ord. No. 10-2008 § 3]
The requirements for enrollment in the Defined Contribution
Retirement Program set forth in this section are not applicable to
any of the following:
a.
Any person appointed to a position with the Borough who has, at the
time of appointment, been a member of PERS continually. Continually
shall mean that the individual was a member of PERS prior to July
1, 2007, and from whom a period of no more than two years has elapsed
from the time the individual left prior to employment in the PERS
position to the time of appointment by the Borough.
b.
Borough Personnel who are members of PERS who are promoted to a position
defined as requiring DCRP enrollment, except that an individual hired
in a PERS position with the intention of circumventing the DCRP requirements,
shall not be eligible to remain in as a PERs enrollee rather than
DCRP.
[Ord. No. 10-2008 § 4]
The following persons shall not be eligible to participate in
DCRP:
a.
A person's base salary for that employment, office or position
is less than $1,500 per year.
b.
The person is eligible by virtue of the position in question, for
enrollment as a member of another State or locally administered pension
fund or retirement system established by the State, unless otherwise
mandated by this section to participate in DCRP.
c.
The person is receiving a benefit as a retiree from any other State
pension fund or retirement system, unless they elect to participate
in DCRP pursuant to N.J.S.A. 43:3C-3.
d.
The person is ineligible for membership in PERS by virtue of being
a person appointed by a professional services resolution.
[Ord. No. 10-2008 § 5]
The following persons may waive participation in DCRP:
a.
Any person whose base salary is less than $5,000 may, at the commencement
of service in a particular employment, office or position, may irrevocably
waive participation with regard to that employment, office or position
by filing the forms required by the State of New Jersey.
b.
Any person eligible to participate by virtue of subsection 2-58.2d, may elect to waive participation with regard to that particular employment, office or position by filing, when first eligible, the form required by the State of New Jersey. This shall not be irrevocable, and the person can elect to participate thereafter, by filing the required form, which election shall commence on January 1 following the filing of the election to participate.
[Ord. No. 10-2008 § 6]
Subject to the foregoing exception, exclusions and waivers,
the following positions within the Borough shall be deemed to be within
the requirements for DCRP participation:
Borough Administrator.
[Ord. No. 05-2008, Preamble]
The Borough of Sea Girt relies on public safety volunteers to
provide fire and fire police services and may deem it necessary to
rely on public safety volunteers in other functions that are defined
as public safety functions normally conducted by paid criminal justice
agencies, fire departments or first aid squads. The Council has determined
that it is necessary for the safety and well being of the citizens
of and visitors to the Borough of Sea Girt that fingerprint based
background checks of criminal history record information is necessary
to protect the citizens of the Borough.
[Ord. No. 05-2008 § 1]
As used in this section:
Shall mean any person who is performing or applying for a
public safety task in an unpaid position for a criminal justice agency,
fire department or first aid squad or any other task defined as a
public safety function normally conducted by a paid criminal justice
agency, fire department or first aid squad.
[Ord. No. 05-2008 § 2]
Any person applying for and acting as a Public Safety Volunteer
shall be subject to fingerprinting and a check of criminal history
record information.
[Ord. No. 05-2008 § 3]
In connection with said fingerprinting, the Chief of Police
of the Borough is hereby authorized to submit said fingerprints to
the New Jersey State Police in accordance with N.J.A.C. 13:59-1 et
seq.
[Ord. No. 15-2008, Preamble]
The Borough of Sea Girt relies on volunteers to provide recreational,
cultural charitable, social or other activities or services to persons
under 18 years of age. The Council has determined that it is in the
best interests of the citizens of Sea Girt, especially those under
the age of 18 who participate in Borough sponsored youth activities,
that fingerprint based background checks of current and prospective
employees or volunteers of criminal history record information is
necessary to protect the citizens of the Borough.
[Ord. No. 15-2008 § 1]
The Borough requires that all employees and volunteers 18 years
old or older, involved with Borough-sponsored programs involving persons
under 18 years of age, submit to a criminal history record background
check in accordance with the procedures set forth herein.
[Ord. No. 15-2008 § 2]
As used in this section:
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name, fingerprints,
social security number and date of birth with those on file with the
Federal Bureau of Investigation, Identification (SI) Division, and/or
the State Bureau of Identification of the New Jersey State Police.
Shall mean a nonprofit youth organization or program, excluding
public and nonpublic schools, involving minors under 18 years of age
that provides recreational, cultural, charitable, social or other
activities or services that are endorsed or sponsored by the Borough,
receives funding from the Borough, or utilizes the Borough owned facilities
or parks.
[Ord. No. 15-2008 § 3]
a.
The Borough will identify and engage the services of a third-party
independent vendor to conduct the criminal history record background
checks authorized under this section.
1.
Each current and prospective employee or volunteer shall provide
his or her written consent to the check in order to permitted to participate
in nonprofit youth organization or activities as defined herein.
2.
Such vendor shall secure and maintain at all times during the term
of this contract general public liability insurance with a minimum
limit of liability of $1,000,000 and workers' compensation, with
coverages in amounts as required by New Jersey statutes. The vendor
shall provide the Borough with a certificate of insurance evidencing
the above coverage and limits of liability and provide a minimum of
10 days advance written notice prior to any cancellation or alteration
of any of the policies referred to in the certificate.
[Ord. No. 15-2008 § 4]
The costs of the criminal history record background check shall
be based on the Borough's Vendors charges.
[Ord. No. 15-2008 § 5]
a.
A person may be disqualified from serving as an employee or volunteer
of an organization, program or activity if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or disorderly persons offenses:
1.
In New Jersey, any crime or disorderly persons offense: (1) Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11, Homicide, N.J.S.A. 2C:12, Assault; Endangering; Threats, N.J.S.A. 2C:13, Kidnapping, N.J.S.A. 2C:14, Sexual Offenses, or N.J.S.A. 2C:15, Robbery; (2) Against the family, children, or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.; (3) Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; (4) Involving any controlled dangerous substance of controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except Paragraph (4) of Subsection a. of N.J.S.A. 2C:35-10, possession of 50 grams or less of marijuana.
2.
In any other state of jurisdiction, conduct, which, if committed
in New Jersey, would constitute any of the crimes or disorderly persons
offenses described in paragraph a above.
b.
Notification of Disqualification. Supervisory personnel of the Borough
responsible for the activity or program for which the person has volunteered
shall notify any person determined to be disqualified from serving
as an employee or volunteer of an organization, program or activity
because the criminal history record background check reveals a record
of conviction as listed above.
c.
Access to and Use of Criminal History Information.
1.
Access to criminal history information for noncriminal justice purposes,
including licensing and employment is restricted to authorized personnel
of the designated department, on a need to known basis, as authorized
by Federal or State statute or rule or regulation, executive order,
administrative code, local ordinance or resolution.
2.
The Borough shall limit its use of the criminal history record information
solely to the authorized purpose for which is was obtained and the
criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive such information.
Use of this record shall be limited solely to the authorized purpose
for which it was given, and it shall not be disseminated to any unauthorized
persons. All records shall be destroyed immediately after they have
served their intended and authorized purpose. Any person violating
Federal or State regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
d.
Appeal/Challenging Accuracy of Information. If a criminal history
record may disqualify an applicant for any purpose, the Borough Administrator
shall provide the applicant with an opportunity to challenge the accuracy
of the information contained in the criminal history record. The applicant
shall be afforded a reasonable period of time to correct and complete
this record. A person is not presumed guilty of any charges or arrests
for which there are not final dispositions indicated on the record.
[Ord. No. 02-2009 § 1]
Except as hereinafter provided, the Borough of Sea Girt, hereinafter
known as the municipality shall, upon the request of any present or
former official, employee or appointee of the municipality provide
for indemnification and legal defense of any civil action brought
against said person or persons arising from an act or omission falling
within the scope of their public duties and not acting in their individual
capacities.
[Ord. No. 02-2009 § 2]
The municipality shall not indemnify any person against the
payment of punitive damages, penalties, or fines, but may provide
for legal defense of such claims in accord with the standards set
forth herein. The municipality may refuse to provide for the defense
and indemnification of any civil action referred to herein if the
Borough Council determines that a) the act or omission did not occur
within the scope of a duty authorized or imposed by law; b) the act
or failure to act was the result of actual fraud, willful misconduct
or actual malice of the person requesting defense and indemnification,
or said person has been specifically found by the trier of fact in
any civil or criminal proceeding to have acting in such a manner c)
the defense of the action of proceeding by the local municipality
would create a conflict of interest between the municipality and the
person or persons involved, d) where the office or employee has been
found to have acted in violation of any municipal code of ethics and
e) in any action brought by the Borough itself against the present
or former official, employee or appointee.
[Ord. No. 02-2009 § 3]
The terms of this section and the definition of official, employee
and appointee are to be construed liberally in order to effectuate
the purposes of this section except that these terms shall not mean
a) any person who is not a natural person; b) any person while providing
goods or services of any kind under any contract with the municipality
except an employment contract; and c) any person who as a condition
of his or her appointment or contract is required to indemnify and
defend the municipality and/or secure insurance.
[Ord. No. 02-2009 § 4]
The municipality shall provide for defense of and indemnify
any present or former official, employee or appointee of the municipality
who becomes a defendant in a civil action if the person or person
involved a) acting or failed to act in a matter in which the municipality
has or had an interest; b) acted or failed to act in the discharge
or a duty imposed or authorized by law; and c) acted or failed to
take action in good faith. For purposes of this section, the duty
and authority of the municipality to defend and indemnify shall extend
to cross-claim or counterclaim against said person.
[Ord. No. 02-2009 § 5]
In any other action or proceeding, including criminal proceedings,
the municipality may provide for the defense of a present or former
official, employee or appointee, if the Borough Council concludes
that such representation is in the best interest of the municipality
and that the person to be defended acted or failed to act in accord
with the standards set forth in this section.
[Ord. No. 02-2009 § 6]
Whenever the municipality provides for the defense of any action
set forth herein and as a condition of such defense, the municipality
may assume exclusive control over the representation of such persons
defended and such person shall cooperate fully with the municipality.
[Ord. No. 02-2009 § 7]
The municipality may provide for the defense pursuant to this
section by authorizing its attorney to act in behalf of the person
being defended or by employing other counsel for this purpose or by
asserting the right of the municipality under any appropriate insurance
policy that requires the insurer to provide defense.
[Ord. No. 02-2009 § 8]
Exceptions: Notwithstanding anything to the contrary set forth
above, the municipality will not be responsible for indemnification
under the following conditions:
a.
Judgment or settlement of a civil cause of action relating to a claim
based upon willful fraud, malice, or misconduct.
b.
Judgments calling for punitive or exemplary damages, unless the Governing
Body first determines the officer or employee's actions did not
constitute actual fraud, actual malice, gross misconduct, or an intentional
tort.
c.
Any insurance coverage is available for payment.
d.
Where any officer or employee is found to have acted in violation
of the Local Government Ethics Law, N.J.S.A. 40A:22-1 et seq.
[Added 12-4-2019 by Ord.
No. 23-2019]
a.
Members of the Police Department shall be permitted to accept employment
as safety or security personnel for private employers such as contractors
or public utility companies only during off-duty hours and at such
times as will not interfere with the efficient performance of regularly
scheduled or emergency duty of the Borough. Any person, contractor
or public utility wishing to employ off-duty police shall first obtain
the approval of the Chief of Police, which approval shall be granted
if, in the opinion of the Chief, such employment would not be inconsistent
with the efficient functioning and good reputation of the Police Department,
and would not unreasonably endanger or threaten the safety or health
of the officer or officers who are to perform the work.
b.
Payment of Off-Duty Police Personnel. Private employers shall pay
directly to the Borough Clerk the hourly rate per officer employed
by the private employer the amount of $85 per man hour, $15 per hour
of which is to be collected by the Borough for administrative fees;
$70 per hour of which is to be collected shall be considered compensation
to the officer. The Chief of Police or his designee and the contractor
or public utility shall estimate the number of hours anticipated to
be worked, and the payment for said estimated work shall be paid by
the private employer to the Borough Clerk prior to the start of any
work wherever feasible. If additional work time is required due to
unanticipated circumstances, and such work is approved by the Chief
of Police or his designee, the private employer shall be liable for
payment to the Borough for all such additional hours worked at the
specified rate. An invoice from the Borough for any balance due, if
any, shall be issued by the Borough Clerk. Balance of payments due
from private employers shall be made within 10 days of receipt of
the invoice from the Borough.
c.
Written Agreement. An agreement form entitled "Agreement for Off-Duty
Police Assignment" shall be filed with the Borough of Sea Girt. This
agreement shall be entered into and filed by the Chief of Police or
his designee and the private employer hereinafter "Municipality" and
"Company" respectfully. The agreement shall consist of Company name,
description of work, number of officers required, dates, times, payment
and method of payment. It shall also include details on agreement
termination, liability and workers' compensation insurance. This
agreement form shall be provided by the Borough of Sea Girt Police
Department and shall be filed at the preconstruction meeting (sample
agreement attached[1]).
[1]
Editor's Note: Said sample agreement is on file in the
Borough offices.
d.
Violations and Penalties. Any person, contractor or utility who commits
a violation of this section shall, upon conviction thereof for a first
offense, pay a fine not to exceed the maximum amount permitted by
statute and/or be imprisoned in the county jail for a term not exceeding
90 days. A separate offense shall be deemed committed on each day
during or on which violation occurs or continues.
