Borough of Matawan, NJ Administrative Organization of the Departments of Local Government

Have, perform and discharge all the functions, powers and duties prescribed by law for a Municipal Assessor.

Maintain adequate assessment records of each separate parcel of real property assessed or exempted.

Maintain a current tax map of the Borough as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by the Code.

Report to the Council as to equalization proceedings and other matters involving the County Tax Board and make recommendations as to action to be taken in that regard.

(e)

The Office of the Tax Assessor shall be open to the public and the Tax Assessor shall be personally present at the Tax Assessor's Office in the Borough Hall at least six hours per week for a minimum number of hours weekly as contained in a resolution of appointment or amendment thereto.

(f)

In addition to the Assessor's office hours, the Tax Assessor shall devote that time reasonably necessary for the accomplishment of his tasks.

Compensation. The Tax Assessor shall receive compensation as established annually by the Borough Council. The Tax Assessor is recognized as a part-time employee of the Borough of Matawan and is ineligible for health benefits from the Borough of Matawan.

Term of Office. The Tax Assessor shall hold office for a term of four years. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.

§ 2-12.8 Tax and Assessment Searchers.

[1971 Code § 2-9.5]

The Tax Searcher shall be appointed by the Mayor, with the advice and consent of the Council, and shall ordinarily be the Tax Collector. The Assessment Searcher shall be appointed in like manner, and shall ordinarily be the Borough Clerk.

§ 2-12.9 Claimant Certification Policy.

[Added 9-8-2021 by Ord. No. 21-16]

Claimant certification cannot be waived for the advance or reimbursement of employee expenses, or for services provided exclusively and entirely by an individual (e.g., sole proprietors).

Claimant certification will not be required from claimants that do not provide such certification as part of its normal course of business unless the payment is for the advance or reimbursement of employee expenses or for services provided exclusively and entirely by an individual.

Claimant certification will not be required for payments to be made without vendor or claimant certification where ordering, billing and payment transactions are made through a computerized electronic transaction utilizing standard electronic funds transfer technologies.

§ 2-12.10 Local Cannabis Transfer Tax and User Tax.

[Added 8-4-2021 by Ord. No. 21-13]

Local Cannabis Transfer Tax.

The Borough of Matawan hereby adopts and imposes a Local Cannabis Transfer Tax on the sale of any cannabis or cannabis items by any cannabis business within the Borough, which Local Cannabis Transfer Tax shall be imposed upon all:

Receipts from the sale of cannabis by a cannabis cultivator to another cannabis cultivator;

Receipts from the sale of cannabis items from one cannabis business to another cannabis business;

Receipts from the retail sales of cannabis items by a cannabis retailer to retail consumers who are 21 years of age or older; and

Any combination of any of the above-listed transfers.

The Local Cannabis Transfer Tax established pursuant to Subsection a1 hereinabove shall be charged at the following rates upon cannabis businesses within the Borough:

Two percent of the receipts from each sale by a cannabis cultivator;

Two percent of the receipts from each sale by a cannabis manufacturer;

One percent of the receipts from each sale by a cannabis wholesaler; and

Two percent of the receipts from each sale by a cannabis retailer.

Local Cannabis User Tax.

The Borough of Matawan hereby adopts and imposes a Local Cannabis User Tax, at the same and equivalent rates as established for the Local Cannabis Transfer Tax rates set forth in Subsection a2 hereinabove.

The Local Cannabis User Tax shall be imposed upon any concurrent license holder operating more than one cannabis business, and shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the Local Cannabis Transfer Tax imposed pursuant to Subsection a hereinabove, from the license holder’s business that is located in the Borough to any of the other license holder’s businesses, whether located in the Borough or in another municipality.

Other Local Cannabis Tax Regulations.

The Local Cannabis Transfer Tax and User Tax imposed pursuant to this section shall be in addition to any other tax imposed by law.

The Local Cannabis Transfer Tax and User Tax shall be collected or paid and remitted to the Borough by the cannabis business from the cannabis business purchasing or receiving the cannabis or cannabis item, or from the consumer at the point of sale, on behalf of the Borough by the cannabis retailer selling the cannabis item to that consumer.

The Local Cannabis Transfer Tax and User Tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable, or equivalent value of the transfer, for the cannabis or cannabis item.

Every cannabis business required to collect the Local Cannabis Transfer Tax and User Tax imposed by this section shall be personally liable for the Local Cannabis Transfer Tax and User Tax imposed, collected, or required to be collected under this section. Any cannabis business shall have the same right with respect to collecting the Local Cannabis Transfer Tax and User Tax from another cannabis business or the consumer as if the Local Cannabis Transfer Tax or User Tax was a part of the sale and payable at the same time, or with respect to non-payment of the Local Cannabis Transfer Tax and User Tax by the cannabis business or consumer, as if the Local Cannabis Transfer Tax and User Tax was a part of the purchase price of the cannabis or cannabis item, or equivalent value of the transfer of the cannabis or cannabis item, and payable at the same time; provided, however, that the Chief Financial Officer of the Borough shall be joined as a party in any action or proceeding brought to collect a Local Cannabis Transfer Tax and User Tax.

No cannabis business required to collect the Local Cannabis Transfer Tax and User Tax pursuant to this section shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the Local Cannabis Transfer Tax and User Tax will not be separately charged and stated to another cannabis business or the consumer, or that the Local Cannabis Transfer Tax and User Tax will be refunded to the cannabis business or the consumer.

All revenues collected from the Local Cannabis Transfer Tax and User Tax pursuant to this section shall be remitted to the Chief Financial Officer of the Borough. The Chief Financial Officer shall collect and administer the Local Cannabis Transfer Tax and User Tax imposed by this section. The Borough shall enforce the payment of delinquent Local Cannabis Transfer Tax and User Tax in the same manner as provided for municipal real property taxes.

In the event that the Local Cannabis Transfer Tax and User Tax imposed by this section is not paid as and when due by a cannabis business, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis business in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year. In the event of a delinquency, the Chief Financial Officer shall file with the Tax Collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis business. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.

§ 2-13 THIRD-PARTY PAYROLL DISBURSEMENT.

[Added 10-6-2020 by Ord. No. 20-08]

§ 2-13.1 Purpose; Definitions.

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

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

APPROVAL OFFICER

Person(s) responsible for authorizing and supervising the activities of the payroll service.

BOROUGH

Borough of Matawan.

PAYROLL SERVICE

Third-party payroll service organization.

§ 2-13.2 Authorization.

The Borough is authorized to use a payroll service to prepare payment documentation, take possession of Borough funds, and make such disbursements itself on behalf of the Borough.

The following payroll service providers shall be required to comply with these regulations:

Payroll service providers who use their own customized programming process to execute disbursements for the Borough.

Payroll service providers who use a third-party processor to execute disbursements for the Borough.

§ 2-13.3 Borough Requirements.

The appointment of a payroll service shall be pursuant to the Local Public Contracts Law (see 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 Borough funds to contractor's account for subsequent disbursement of payment.

Any renewal or extension of a contract under these regulations shall be by resolution.

The Chief Financial Officer is hereby appointed the approving 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.

If required by the contract between the Borough and the payroll service, the payroll service is permitted to hold the Borough funds pending transmittal to a payee.

§ 2-13.4 Payroll Service Requirements.

A payroll service must meet all the following requirements:

Report any irregularities that may indicate potential fraud, noncompliance with appropriate laws, dishonesty or gross incompetence on the part of the approval officer;

Report circumstances that could jeopardize its ability to continue operations or otherwise interrupt the services provided by the Borough.

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.

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.

§ 2-13.5 Establishment of Service.

Upon the adoption of these regulations, the Borough Administrator, with the assistance of the Chief Financial Officer and the Borough 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 Borough.

§ 2-14 POLICE DEPARTMENT.

Editor's Note: The establishment, maintenance, regulation and control of the Municipal Police Department is provided for in N.J.S.A. 40:47-1 et seq. For regulations concerning hiring, promotions, suspensions, hours of employment and longevity payments, see Chapter 9, Personnel Polices; Article II, Policies Relating to the Police Department.

§ 2-14.1 Department Established: Composition.

[1971 Code § 8-1; Ord. No. 94-8; Ord. No. 98-10; Ord. No. 00-07 § 1; Ord. No. 08-11; Ord. No. 14-01; Ord. No. 2016-10; Ord. No. 2016-11; Ord. No. 2017-01; Ord. No. 2018-17; 3-7-2023 by Ord. No. 2023-05]

The Police Department of the Borough of Matawan is hereby established and shall consist of a Chief of Police, up to one Captain, up to two Lieutenants, up to six Sergeants, up to 20 Patrol Officers, such Class I, Class II and Class III Special Law Enforcement Officers as authorized by State Statute (N.J.S.A. 40A:146.14-17); and recommended by the Chief of Police up to three Police Matrons; such School Crossing Guards as recommended by the Chief of Police; one Records Clerk; one Confidential Administrative Assistant and such other employees as may be appointed by the governing body upon recommendation by the Chief of Police.

§ 2-14.2 Appointment.

[1971 Code § 8-2]

All members of the Police Department shall be appointed by the Borough Council upon recommendation of the Police Committee and shall hold office as provided by law.

§ 2-14.3 Control; Appropriate Authority.

[1971 Code § 8-3; Ord. No. 01-24 § 1; Ord. No. 10-03 § 1; amended 2-5-2019 by Ord. No. 19-01]

The Police Department of the Borough shall be under the supervisory control of the Borough Council Police Committee, created by authority of N.J.S.A. 40A:14-118.

The Borough Administrator, in consultation with the Police Commissioner, is hereby designated as the "appropriate authority" relating to Police Department for the adoption and promulgation of rules and regulations for the government of the police force and the discipline of its members as ratified by the Council Police Committee. The Commissioner shall work in consultation with the Police Committee of Council and the Borough Administrator. The Borough Administrator shall be responsible for daily communication with the Police Chief and report to the Council Police Committee of the Borough of Matawan for overall performance of the Police Department.

Except as provided in N.J.S.A. 40A:14-118, the governing body and its members shall act in all matters concerning the Police Department, only through the appropriate authority of the Police Department.

The Chief of Police of the Borough of Matawan shall be the head of the Police force of the Borough of Matawan, and the Chief shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department, and the Chief shall, pursuant to the procedures established by the appropriate authority:

Administer and enforce rules and regulations and emergency directives for the disposition and discipline of the force, its officers and personnel;

Have, exercise and discharge the functions, powers and duties of the force;

Prescribe the duties and assignments of all subordinates and other personnel;

Delegate such of his authority as the Chief may deem necessary for the efficient operation of the force to be exercised under the Chief's direction and supervision; and

Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.

The administrative control, day-to-day operation and discipline of the Police Department of the Borough and of its members shall be vested in the Chief of Police and the Chief shall have the power to enforce all the rules and regulations herein provided and any general and special orders or instructions which may from time to time be promulgated; provided such rules, regulations, general or special orders or instructions that do not conflict with the rules and regulations, orders or instructions issued by resolution of the Council or promulgated by the appropriate authority. The Chief shall enforce these rules and regulations and orders or instructions, and may punish violation by reprimand or by suspension not to exceed three days. The Chief of Police shall report violations of the rules and regulations to the appropriate authority for Police Department disciplinary matters upon the administration of the penalty for violations of rules and regulations, orders and instructions.

The Chief of Police, with the assistance of the other members of the Department who shall be detailed for the purpose, shall keep a complete record as prescribed in the rules and regulations adopted by the Council. The Chief of Police shall report in writing to the Borough Administrator for presentation to the Council at their first regular meeting each month on all matters of importance pertaining to the Department and make such recommendations as in the Chief's opinion will increase the efficiency of the Department.

§ 2-14.4 Police Committee.

[1971 Code § 8-4; Ord. No. 07-02 § 1; Ord. No. 10-03 §§ 2, 3; amended 2-5-2019 by Ord. No. 19-01]

The Mayor shall, each year as soon after the organization of the Council may be possible, select and designate three members of the Borough Council who shall constitute the Police Committee. The Committee shall meet with the Chief of Police, the Borough Administrator, and the Borough's Chief Financial Officer to review and prepare the annual budget of the Police Department and thereafter shall be responsible for the presentation of the annual budget of the Police Department to the Council. The Police Committee shall be the body that recommends to other members of the governing body if amendments should be adopted with respect to ordinances that impact the Police Department. The Mayor shall name one of the members of the Committee as Chairman and a second as Vice Chairman.

§ 2-14.5 Rules and Regulations.

[1971 Code § 8-5; Ord. No. 08-05]

The Council shall establish by resolution or by ordinance and may amend and repeal by resolution or by ordinance such rules and regulations as it may deem necessary for the government and efficient working of the entire Department. The rules and regulations, when adopted, shall be posted by the Police Commissioner within five days after the adoption thereof in the room in the municipal building assigned to the Police Department, and a copy thereof delivered to each and every member of the Department within five days after the adoption of the rules or regulations or any amendment or repeal thereof.

There are hereby adopted by the Mayor and Council as the Rules and Regulations of the Matawan Borough Police Department as recommended by the Chief of Police and Captain, effective June 1, 2008. The rules and regulations promulgated pursuant to this section shall be on file with the Borough Clerk and shall be available for public inspection at regular business hours in Borough Hall.

§ 2-14.6 Qualifications.

[1971 Code § 8-7]

Each applicant shall comply with the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as Police Officer in the Borough unless such person has first been given a probationary or temporary appointment to such offices for a period of one year, and has successfully completed a Police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey.

No person shall be appointed to the Police Department as a regular or probationary member unless they meet the age requirement provided by law including those requirements pertaining to veterans if the applicant is a veteran. The applicant shall be a citizen of the United States and shall comply with all residency requirements established by law.

§ 2-14.7 Advertising.

[Ord. No. 07-05; Ord. No. 12-10]

Pursuant to Ordinance No. 12-10, subsection 2-14.7, Initial Hiring of Police Officers, is replaced by the existing subsection 9-29.2, "Advertising" of Chapter 9 of the Code of the Borough of Matawan concerning "Personnel Policies."

§ 2-14.8 Oath of Allegiance.

[1971 Code § 8-8]

Each member of the Police Department shall before entering upon the performance of his duties, take and subscribe an oath to bear true faith and allegiance to the government established in this State, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office which oath or affirmation shall be filed with the Borough Clerk.

§ 2-14.9 Chief of Police.

[1971 Code § 8-9; Ord. No. 07-42 §§ 2, 3; Ord. No. 10-03 § 4; amended 2-5-2019 by Ord. No. 19-01]

The Chief of Police shall be the head of the Police Department and shall be responsible to the Police Commissioner.

The administrative control, day-to-day operation and discipline of the Police Department of the Borough and of its members shall be vested in the Chief of Police and he/she shall have the power to enforce all the rules and regulations herein provided and any general and special orders or instructions which he/she may, from time to time, promulgate; provided such rules, regulations, general or special orders or instruction do not conflict with the rules and regulations, orders or instructions issued by resolution of the council or promulgated by the Police Committee. He/she shall enforce these rules and regulations, orders or instructions, whether promulgated by him/her or by the Police Committee or by the Borough Council, and may punish their violation by reprimand or by suspension not to exceed three days. Should the Chief deem the violation to be of a sufficiently flagrant nature, he shall report the same to the Police Committee with his recommendations with reference to the filing of charges. The Chief of Police shall report violations of the rules and regulations to the Police Committee as the appropriate authority for Police Department disciplinary matters.

The Chief of Police, with the assistance of the other members of the Department who shall be detailed for the purpose, shall keep a complete record as prescribed in the rules and regulations adopted by the Borough Council, and the Chief of Police shall report in writing to the chairman of the Police Committee for presentation to the Council at their first regular meeting in each month on all matters of importance pertaining to the Department and make such recommendations as in his/her opinion will increase the efficiency of the Department.

The Chief of Police shall recommend to the Police Committee from time to time the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use, and shall be held responsible for its care, cleanliness and safekeeping.

§ 2-14.10 Duties of Department.

[1971 Code § 8-10]

The Police Department, through its Chief, shall:

Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and public meetings and assemblages.

Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians, and to make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Borough for such purposes.

Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, inspect and observe all places of public amusement or assemblage and all places of business requiring any State or municipal license or permit and report thereon to the appropriate department.

Provide proper Police attendance and protection at fires.

Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of Federal, State and County governments.

Operate a training program to maintain and improve the Police efficiency of the members of the Department.

§ 2-14.11 Firearms.

[1971 Code § 8-15]

All firearms which may be provided by the Borough shall remain the property of the Borough.

§ 2-14.12 Physician.

[1971 Code § 8-12]

A physician shall be appointed by the Mayor subject to confirmation by the Council, to be known as the Police Physician. He shall examine all members of the Police force or appointees to the force whenever required by the Police Committee and shall report in writing the opinion as to the physical fitness for Police work of the person examined. He shall be called whenever the services of a physician are required by the Police Department. Compensation of the Police Physician shall be fixed by the Council.

In the case of the unavailability of the Police Physician, a reputable physician of the vicinity may act in his place at the discretion of the Chief of Police or senior officer on duty.

§ 2-14.13 Police Dispatcher.

[1971 Code § 8-18]

The Mayor may appoint Police Dispatchers with the advice and consent of the Council.

Police Dispatchers shall carry out their duties and responsibilities under the supervision of the Chief of Police. Such duties shall be specifically defined by the Chief of Police. Police Dispatchers shall not carry a revolver or other weapon at any time during performance of their duties unless authorized by law and the Chief of Police.

The position of Police Dispatcher shall not be considered as a position in the Police Department.

No person shall be appointed as a Police Dispatcher unless they are a citizen of the United States; are able to read, write, and speak the English language; are qualified and of good moral character; and shall not have been convicted of a crime. Every Police Dispatcher shall be fingerprinted and the fingerprints shall be filed with the Division of the State Police and Federal Bureau of Investigation.

§ 2-14.14 Special Policemen.

[1971 Code § 8-11]

The Mayor may appoint Special Policemen with the advice and consent of the Council, and may revoke such appointments without cause or hearing. The Special Policemen shall carry out their duties and responsibilities under the direct supervision of the Chief of Police, and their powers, rights and duties shall be specifically defined by the Chief of Police. The powers, rights and duties, however, shall immediately cease at the expiration of the term for which they were appointed, or upon revocation of their appointment. The Special Officers shall not carry a revolver or other weapon at any time except as otherwise directed by the Chief of Police.

No person shall be appointed as a Special Policeman unless he is a citizen of the United States; is able to read, write and speak the English language; is physically qualified and of good moral character, and shall not have been convicted of any crime. Every Special Policeman shall be fingerprinted and his fingerprints shall be filed with the Division of the State Police and the Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the Governing Body concerning the eligibility and qualifications of any persons proposed to be appointed a Special Policeman.

No person shall be appointed as Special Policeman unless he holds a Class I or Class II Certificate issued by the New Jersey Training Commission of the Department of Law and Public Safety.

§ 2-14.15 Special Duty Assignments for Police Officers. [1]

[Ord. No. 98-4 §§ 1—8; amended 4-7-2020 by Ord. No. 20-03]

Any and all extra duty assignments for police personnel shall be determined and approved by the Chief of Police or his designee. No police officer shall perform duty assignments for private parties for compensation other than through the procedure set forth in this subsection. The Chief shall obtain such information as he determines necessary and is authorized to approve such special duty police work in accordance with this subsection. The Chief of Police may assign a patrol vehicle for use in performing extra duty if and in the event it is determined that the use of a patrol vehicle is necessary to perform the contracted duty. The Chief may deny the assignment or use of police officers or vehicles and/or impose any condition or requirement as in his sole discretion and determination as in the best interest of the Borough, the Department and/or the police officers or public safety. The Chief shall be guided by the nature of the assignment and should avoid those with conflicts of interest and/or high risk of injury.

The work to be performed shall be considered "special assignment from independent contractors" and will not be considered a direct assignment. The taking of any and all extra duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and approved by the Chief of Police. The procedures for such special duty assignments shall be issued via general order by the Chief of Police.

Officers engaged in special duty assignments shall be deemed off-duty and shall conform to all Police Department rules, regulations and procedures.

All special duty assignments shall be within the Borough, unless specific written approval is given by the Chief of Police or his designee to the officer to work outside the Borough; the Chief of Police may contact other municipal Police Departments located within the Bayshore area of Monmouth County to see if they are willing to perform such special assignments.

All payments for special duty assignments shall be made through a Special Police Fund established by the Municipal Treasurer from which payment shall be made to the individual police officers performing such service. All payments from trust fund shall be made to the police officers subject to required deductions and an administrative fee to be retained by the Borough. The charges for such services shall be set forth in § 2-62.2. Any dispute between the contractor and the police officer on assignment as to services required or compensation due shall be determined by the Chief. His decision shall be final and binding.

Any assignment which is canceled on less than two hours' notice shall be charged against the party.

The Chief of Police has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or public in the sole determination and discretion of the Chief. The contractor shall not be responsible for any compensation for the time that the police officer is away from the special duty assignments and shall have no claim for any costs or damages against the Borough, the Chief, or the police officer arising from the termination of special duty assignment other than the prorated return of any costs prepaid to the Borough.

The Borough shall be responsible to provide all necessary insurance coverage as required by law, including but not limited to workers' compensation, public liability, and claims for damage, the personal injury including death or damage to property which may arise as a result from the municipalities' performance under the contract.

The Borough holds the right to seek a third-party company to administer the Police Department's special duty assignments. The chosen service provider may charge an additional fee other than the officer, administrative and vehicle fees set forth by the Borough. This service may include scheduling, billing, collections and payment or any other services previously performed by the Borough.

[1]

Editor's Note: For Contractor's Requirements for Special Duty Officers, see Article VIII, Policies and Procedures, § 2-62.

§ 2-14.16 Custodian of the Record for the Borough of Matawan Police Department.

[Added 12-9-2023 by Ord. No. 2023-21]

The Borough of Matawan Police Department Records Division, Records Clerk, is hereby designated and appointed as the Custodian of Record for Police Department records and shall be the administrative agent for the acceptance and compliance with all OPRA requests for the Borough of Matawan Police Department.

§ 2-14.17 Police Chaplain(s) for the Borough of Matawan Police Department.

[Added 12-19-2023 by Ord. No. 2023-22]

Position created.

The position of Police Chaplain for the Borough of Matawan Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position will be a volunteer position, served without remuneration or benefits. The position of Chaplain shall be under and subject to the control of the Chief of Police.

Qualifications.

Any person appointed as Chaplain shall be an ordained clergy in good standing in the religious body from which he/she is selected. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the Borough of Matawan Police Department and shall be qualified in accordance with N.J.S.A. 40A:14-141.

Duties of Police Chaplain.

The duties of Police Chaplain shall include, but not be limited to, assisting the Borough of Matawan Police Department in that may be assigned by the Chief of Police.

Rank and Salary.

Any person appointed as Chaplain shall serve in that capacity without Rank or Salary.

Term of Office.

A person appointed as Chaplain shall serve for a period of one year from date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police.

Appointment.

The Chief of Police may recommend to the Mayor persons that meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the Borough of Matawan Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police and Chaplain liaison to determine his/her qualifications in accordance with this subsection and shall make recommendations to the Mayor regarding the appointment as Chaplain. The Mayor may appoint one or more Police Chaplains in accordance with this subsection with the advice and consent of Council.

§ 2-15 FIRE DEPARTMENT.

§ 2-15.1 Membership in Recognized Fire Companies.

[1971 Code § 15-1.1; Ord. No. 2014-15; Ord. No. 2018-12]

The Volunteer Fire Department shall consist of engine, hook and ladder, hose and pumper companies, fire police and shall consist of the companies recognized and accepted by the Mayor and Borough Council as follows:

Washington Engine Company, No. 1.

Broad Street Station.

M.E. Haley Hose Company, No. 1.

Freneau Volunteer Fire Company, No. 1.

Fire Police.

§ 2-15.2 Composition of Each Company.

[1971 Code § 15-1.2; Ord. No. 2014-15]

Each company shall consist of not less than 10 and not more than 25 active members with a minimum age of 18 years at the time of their election to membership. Each Fire Company may also have up to 10 active reserve members. These reservists must come from the active list and will be entitled to be placed on the reserve list at the request of the active members of the Fire Company. The power to remove a Firefighter from active duty because of physical impairment or disability is vested in the Board of Fire Officers. The number of members of each additional Fire Company shall be specified by the Borough Council at the time of acceptance.

§ 2-15.3 Qualifications.

[1971 Code § 15-1.3; Ord. No. 95-04 § 1; Ord. No. 2014-15]

Each proposed member at the time of his election shall be a legal resident of the United States and shall be a resident of the Borough of Matawan or an adjacent municipality for a period of six months prior to his election. The Fire Department Physician, licensed in the State of New Jersey, will certify that the applicant is certified and physically fit to become a Firefighter. The certificate shall include the results of a chest x-ray. Additionally, the application of each proposed member shall be screened by the Police Department. Each Fire Company shall have the right to accept into membership, nonresidents who reside within a reasonable distance, not exceeding one mile from the boundaries of the Borough of Matawan. The application of a nonresident shall be reviewed and approved by the Board of Fire Officers of the Borough of Matawan prior to the Matawan Police Department screening. In no event shall out-of-town membership exceed 25% of the active membership of any Company. There shall be no Member-at-Large in the Matawan Borough Fire Department. All applicants must first be a member of a Company specified in subsection 2-15.1 before applying for membership in the Matawan Borough Fire Department. The exception to all of the above will be Junior Firefighters who will be required to provide a School Physical or a note from their personal physician, licensed in the State of New Jersey, stating that the junior applicant is certified and physically fit to become a Junior Firefighter.

Members of the MBFD are considered employees of the Borough during activities on behalf or representing the MBFD, either when call is received or during official sanctioned activities and therefore are subject to governance in the Personnel Policies and Procedures Manual of the Borough of Matawan. Every employee or proposed employee of a recognized Fire Company or of the Fire Department or Fire Police who shall operate municipally-owned vehicles and/or municipally-owned equipment which is on wheels and powered by a compulsion system other than manpower shall have a valid New Jersey Driver's license and shall authorize the Matawan Borough Police Department to periodically confirm through the Motor Vehicle Commission that the license is not suspended or revoked. No employee of the Borough of Matawan shall operate a municipally owned vehicle or equipment with wheel powered by compulsion other than man power unless he holds a valid New Jersey Driver's license. Fire Department members who operate water borne vessels shall be trained and hold an approved boaters training certificate.

§ 2-15.4 Disclosure of Information Required for Applicants for Membership in the Volunteer Fire Department.

[Ord. No. 00-04 §§ 1—7; Ord. No. 11-06; Ord. No. 2014-15]

This subsection is enacted pursuant to N.J.S.A. 40:42-1 et seq., The Home Rule Act.

Membership in a Volunteer Fire Department means any membership in a Volunteer Fire Department organized pursuant to Title 15 and Title 15A of the New Jersey Statutes. Membership in a Volunteer Fire Department or similar organization constituted in a Fire District pursuant to N.J.S.A. 40A:14-70.1, membership in any Junior Firefighters' Auxiliary established pursuant to N.J.S.A. 40A:14-95, or non-paid membership in a partial paid Fire Department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.

Any person desiring membership in a Volunteer Fire Department shall complete in duplicate and submit to the Volunteer Fire Department an application, the form of which may be determined by the Volunteer Fire Department and approved by the Board of Fire Officers, but which shall contain the following information regarding the applicant:

Full name, including any maiden or other name by which the individual may have in the past been known;

Home address, including all previous addresses within the last three years;

Date of birth;

Social security number;

Driver's license number, and a statement of driving record within the last three years;

A conviction for crimes or disorderly persons offenses in New Jersey or in any other state, including the state of such conviction, the date of conviction, nature of the offense, and the sentence imposed;

Any pending violation for crimes or disorderly persons offenses; and

Such other information as the Volunteer Fire Department shall require, provided none of such information shall be prohibited by law.

Upon the filing of an application to the Volunteer Fire Department, the applicant will have fingerprints taken by an external service provider. The provider will submit the applicant's fingerprints to the Division of State Police and/or State Bureau of Identification who shall conduct an investigation so as to ascertain the truth of the statements of the application, including but not limited to the applicant's criminal record and the applicant's driving record. If as a result of the investigation the applicant is found to have been convicted of a violation enumerated in N.J.S.A. 15:8-1.1, or a disorderly persons offense, or is otherwise found to have made false statements on the application, or any other information is found which would indicate that the applicant may be a threat to the health, safety and welfare of the community, the Volunteer Fire Department shall determine if the applicant will be a member of the Department.

(Reserved)

This subsection is intended to make the Volunteer Fire Department an Authorized Agency as defined by N.J.A.C. 13:59-1.1.

(Reserved)

§ 2-15.5 Acceptance by Mayor and Council.

[1971 Code § 15-1.4; Ord. No. 2014-15]

The names of all proposed members elected to active membership in the individual Companies shall be presented to the Borough Council in application form signed by a Chief of the Fire Department, Borough Clerk and Secretary to the Board of Fire Officers for confirmation. Upon the applicant's acceptance by the Council, all members will be subject to a one year probation during which they must begin to attend Firefighter I course(s) at any accredited Fire Academy. This course must be completed with a passing grade in order to leave the status of Probationary Firefighter in the Borough Fire Department. Leaving the status of Probationary Firefighter shall be the latter of either one year from the date of acceptance to membership or passing Firefighter I course.

Pursuant to N.J.S.A. 40A:14-98; the MBFD can accept application from individuals 16 and 17 years of age for service to the MBFD following the Junior Firefighter Auxiliary By-Law Supplement. While a Junior Firefighter the one year probation is waved until the members becomes 18 years of age, after which, they will be required to re-apply and meet the fore mentioned requirements.

§ 2-15.6 Membership Certificate.

[1971 Code § 15-1.5; Ord. No. 2014-15]

The Borough Clerk shall keep an accurate muster roll of the active members of the Department and shall issue upon confirmation a certificate of membership in the Volunteer Fire Department to each member elected and confirmed. This list, together with the insurance list, shall be reviewed and certified to its accuracy by the individual Fire Companies and the Board of Fire Officers by January 15 for each preceding year. Failure to certify can be cause for the Borough to drop those individuals from the rolls for both membership and insurance.

§ 2-15.7 Resignations, Transfers and Deaths.

[1971 Code § 15-1.6; Ord. No. 2014-15]

All resignations, expulsions, transfers or deaths of active members from the Department shall be promptly reported to the Secretary of the Board of Fire Officers and to the Borough Clerk.

§ 2-15.8 Active Duty.

[1971 Code § 15-1.7; New; Ord. No. 2014-15]

All active members in the Department shall be required to perform not less than 50% active duty at all alarms of fire and drills called per year. Upon failure to do so for two consecutive years, their names shall be removed from the active list. The individual Companies shall be responsible for the maintenance of the active service records and shall annually file same with the Secretary of the Borough Fire Department no later than January 15th of every year for the service activity of the preceding year.

§ 2-15.9 Active Reserve.

[1971 Code § 15-1.8; New; Ord. No. 2014-15]

The active reserve shall consist of no more than 10 members per Fire Company.

An active reserve member is one who has reached the age of 50 and has served the Borough for seven years at 50% or better fire duty. He shall do 25% fire duty to keep this rank. Fire duty shall be defined as attending fires, drills, fire schools and meetings. Social activities shall not count as fire duty.

A qualified member, as outlined in paragraph b above, may at his request be transferred from active duty to the active reserve.

A Company may, at their discretion and with 2/3 vote of active Company members, place an active member on the role of the active reserve. The member in question shall be notified by certified mail within 10 days of his Company's decision.

The action of any Company as outlined in paragraph d above may be predicated on inactivity (consistently failing to make 50%, but making at least 25%, or partial disability which prevents an active firefighter from attaining 50% fire duty.

Any active Firefighter placed on active reserve against his wishes may appeal within 30 days of the within decision by his Company to the Board of Fire Officers. Appeal shall be made in writing to the Department Chief and the member's Company President and Secretary at least 15 days prior to the next regularly scheduled Board of Fire Officers meeting. After review by the Chief, Board of Fire Officers and Company, a hearing date will be scheduled and the Firefighter will be notified of this date in writing.

The aggrieved Firefighter need not appear at the hearing until or unless he is summoned by Board of Fire Officers.

A decision in writing that is sustained against the Firefighter by the Department may be appealed in writing within 30 days of the filing of the decision to the Fire Committee as the final Board for disposition of the appeal by letter from the Firefighter The decision of the Fire Committee must be rendered in writing within 15 days of the hearing and signed by all members of the Committee. If dissatisfied, the grievant may request, by written notification to the Borough Administrator and the Mayor and Council, a review of the record by Borough Council, which shall be accorded to the grievant. The decision of the Council will be the final administrative review of the matter.

§ 2-15.10 Volunteer Firefighters' Insurance Coverage.

[1971 Code § 15-1.9; New; Ord. No. 2014-15]

Age 18-65 — $10,000.00 — Line of duty death.

Age 65 and over — $5,000 — Line of duty death.

§ 2-15.11 Residency Requirements.

[1971 Code § 15-1.10;Ord. No. 2014-15]

The residency requirements as more particularly described in subsection 2-15.3 shall not apply to individuals who have been members of a Matawan Borough Volunteer Fire Company since a date prior to January 1, 1966.

§ 2-15.12 Composition of Officers; Election of Officers; Terms of Office.

[1971 Code § 15-2.1; Ord. No. 10-20; Ord. No. 2014-15; amended 12-17-2019 by Ord. No. 19-22; 12-20-2022 by Ord. No. 22-16]

The administrative officers of the Fire Department are the Board of Fire Officers which shall consist of a President, Vice President, Secretary-Treasurer, and Assistant Secretary-Treasurer. The President, Vice President, Secretary-Treasurer, and the Assistant Secretary-Treasurer shall be members in good standing in the Matawan Borough Fire Department and shall serve for a period of two years commencing on January 1 of each year preceding the nomination and election. Candidates for the office of the President, Vice President, Secretary-Treasurer, and the Assistant Secretary-Treasurer shall be nominated by the members of the Department present at the November meeting of the Board of Fire Officers and the election held at the December meeting.

The qualifications for the office of President and Vice-President are as follows: They must be a member in good standing, must qualify to hold the rank of Third Deputy Chief; and must have a minimum of eight years of active service in the MBFD. They shall preside over all Department administrative functions including but not limited to the Board of Fire Officer's meetings and shall adhere to the rules of Robert's Rules of Order. The Office of President is in an ex-officio capacity and the President and only the President shall have the authority to cast a vote to break a tie. The President shall attend a minimum of nine BFO meetings and shall notify the Vice President if they shall not be able to attend. The President shall hold no other office as part of the administration of the MBFD including the BFO, and cannot be an active Chief at that time. The President can be removed from office with good cause and a 2/3 vote of the BFO.

The qualifications for the office of Secretary-Treasurer and Assistant Secretary-Treasurer for a term of two years, any member in good standing with a minimum of five years' active service in the MBFD, shall be qualified for the nomination to the office of Secretary. The Secretary shall attend a minimum of nine BFO meetings.

If the President, Vice President, Secretary-Treasurer, and Assistant Secretary-Treasurer are unable to fulfill his or their term(s) for any reason, nominations will be solicited and an election held, within a reasonable time after the vacancy, to fill the remaining portion of the unexpired term.

The Firematics Officers of the Department shall be the Chief, First Deputy Chief, and Second Deputy Chief. All officers shall be residents of the Borough, except Chiefs, who may reside in an adjacent municipality within a reasonable distance from the Borough boundary line, not to exceed one mile, or a Chief may be a non-Borough resident provided he is a full-time employee of the Borough of Matawan.

To be eligible for appointment as Chief, First Deputy Chief, or Second Deputy Chief, a candidate shall be a member of the Department in good standing in his/her Company and department for at least eight years prior to the date his/her term commences. The member has not been charged with any Department or Company Firematics violations for two years. The candidate shall be required to have served at least one year in each of the following officer ranks: Chief Engineer, First Lieutenant and Captain. They shall be required to have completed and provide certificates for all prerequisite training courses as outlined in Section 54 of the MBFD Bylaws in order to be eligible for consideration as the Third Deputy Fire Chief. In addition, the candidate must be certified as Incident Management Level 3 by the New Jersey Division of Fire Safety and have completed the National Fire Academy's Incident Safety Officers Course.

The Chief, First Deputy Chief, and Second Deputy Chief shall be appointed by the Mayor at the Borough's annual reorganization meeting and serve for a term of one year. These appointments will be based on merit alone without regard to company affiliation. There shall be no term limits imposed on any of these positions.

The Chief, First Deputy Chief, and Second Deputy Chief can be removed for cause by a majority vote of the governing body. If such an event were to occur, the mayor shall appoint a replacement to complete the unexpired term.

§ 2-15.13 Vacancies.

[1971 Code § 15-2.2; Ord. No. 2014-15; amended 12-17-2019 by Ord. No. 19-22]

Once confirmed, no Chief shall be removed from office except for cause, according to the rules or bylaws of the Board of Fire Officers.

In the event of a vacancy occurring in the office of Chief, First Deputy Chief, Second Deputy Chief or Third Deputy Chief by reason of the death, resignation or removal of any of these officers, the following order of succession shall prevail:

Office of Chief. Next ranking officer shall become Acting Chief for the unexpired term of the office, and shall automatically become Chief for the next ensuing year.

Offices of First Deputy Chief. The Second Deputy Chief shall assume acting status pending the election within 15 days of an active ex-chief to such office from their respective Company. This elected ex-chief shall serve as an Acting First Deputy Chief for the unexpired term of the office.

Office of Second Deputy Chief. The Third Deputy Chief shall assume acting status pending the election within 15 days of an active ex-chief to such office from their respective Company. This elected ex-chief shall serve as the Acting Second Deputy Chief for the unexpired term of the office.

Office of Third Deputy Chief. Within 15 days of the vacancy an eligible person will be voted into the position.

In the event that no one is certified, the Board of Fire Officers will provide a list of certified candidates subject to the affected Company entitled to fill the vacancy who would be appointed by the Board of Fire Officers for confirmation by the Mayor and Council.

§ 2-15.14 Duties of Department.

[1971 Code §§ 15-3.1; 15-3.2; Ord. No. 2014-15]

Duties of Executive Officers. The President of the Board of Fire Officers shall preside at all Department meetings. He shall have the power to call a special meeting at any time he deems it necessary. The Vice President shall preside at Department meetings in the absence of the President. The Secretary-Treasurer shall keep correct written records of the proceedings of the Department and Board of Fire Offices and a general roll of the active and exempt members with the names and addresses of active and exempt members who are residents of the Borough. The Secretary-Treasurer shall have custody of the funds of the Department and shall report monthly on the account.

Duties of the Chief.

Duties during a Fire. In all alarms, the Chief, or in his absence the Deputy Chief(s), shall have full power, absolute control and command, and shall cause all apparatus and equipment to be worked in the most advantageous manner.

In the absence of the Chief and Deputy Chief(s), the member having charge of the apparatus shall be the senior member first arriving at the fire. He shall assume the duties and responsibilities of the Chief until the arrival of a Superior Officer.

The Chief and Deputy Chief(s), or member in command at any alarm, are hereby given full authority to call upon the head of any municipal department for any aid or assistance as the circumstances may require and warrant.

The Chief and Deputy Chief(s), or member in command at any alarm must complete and submit a National Fire Incident Reporting System (NFIRS) Report to the LOSAP Coordinator within 48 hours of an incident.

The Chief and Deputy Chief(s), in an emergency, when immediate repairs are necessary, is empowered to authorize such repairs and report his action immediately to the Borough Administrator.

The Chief must be a resident of the Borough, or an adjacent municipality within a reasonable distance of the Borough, or an adjacent municipality within a reasonable distance of the Borough boundary line, not to exceed one mile, or a Chief may be a nonresident provided he is a full-time employee of the Borough of Matawan.

General Duties. The Chief shall call out for practice drill one or more Companies of the Department whenever he deems it necessary. He shall see that Company Officers have all hose on apparatus rearranged at least twice each year if not used and have water run through it at least two times per year. The Chief shall have all hose, ladders, and pumps subjected to a test to meet the national testing standards. The Chief shall arrange with the Captains of the several Companies for drills and instructions, including the proper and efficient use of all apparatus and equipment, the quick handling of hose, the efficient handling of streams, ladder work, salvaging, first aid and life saving, and all other modern methods of fire fighting.

Fire Companies. In the absence of contrary bylaws enacted by the individual Company, each of the Companies of the Department shall choose from their own members a Captain, First Lieutenant, Second Lieutenant, Engineer, First Assistant Engineer and Second Assistant Engineer.

Duties of the Captain. The Captain of each Company shall keep a permanent record of the alarms of fire and drill attendance of each member of his Company, a copy of which shall be submitted to the LOSAP Coordinator within 48 hours of an incident, drill, or special assignment.

He shall drill and instruct his Company at least once a month.

With the aid of the Company secretary, he shall submit such reports as shall be required by the rules or bylaws adopted by the Board of Fire Officers.

The Captains of each of the Companies and the Captain of the Fire Police shall be responsible for the condition and maintenance of his or their apparatus and equipment.

Duties of Apparatus Operators. Qualified Apparatus Operators shall complete Pump Operations and have been qualified by the Department Training Division on Pump and Aerial Apparatus Operations. The authorized apparatus operators shall maintain their apparatus in good condition and ready for immediate service.

No one shall be permitted, except authorized apparatus operators to tamper with, fix, or repair any of the apparatus, unless directed to do so by the Chief or Deputy Chief(s).

No one shall drive, in an emergency response, the automobile apparatus except the regularly authorized apparatus operators, who shall be required to have a valid driver's license for the State of New Jersey.

Duties of Fire Police. The Fire Police shall elect from their membership a Captain, First Lieutenant, Second Lieutenant and Engineer, and any other officer they deem necessary, and these officers shall have the same duties as Company Officers. Any duties other than fire duty must be with the consent of the Department.

§ 2-15.15 Board of Fire Officers.

[1971 Code §§ 15-4.1—15-4.3; Ord. No. 2014-15]

Composition. The BFO is made up from the all of the active Companies in the Department, which shall be represented by three members of each Company, which shall be: Captain; 1st Lieutenant and a Company representative. These three members shall be those who are eligible to vote on subjects that come before the BFO. These voting members are the only members who are therefore able to cast votes at BFO meetings. (The Executive Committee shall not have voting privileges except in the case of a tie where the President shall cast the tie breaking vote, see President.). When a member representative of a Company shall also hold a position on the Executive Committee, their Company must nominate an eligible substitute to represent one of the three Company voting position. The Duties of the Board of Fire Officers shall be to administer the business and affairs of the Department.

Bylaws, Rules of Procedure. The Board shall adopt a code of rules or bylaws, subject to the approval of the Department. They shall meet monthly, or more frequently if necessary, to transact business of the Department. The Board shall make rules or bylaws concerning the resignation, transfer, suspension or expulsion of members of the Department.

All active members shall operate under the State Uniform Fire Safety Code.

Powers and Duties. The Board of Fire Officers shall be required to keep permanent records of all alarms of fire, fire losses, methods of extinguishment, drills, hose, apparatus, minor equipment, and condition of hydrants.

The Board of Fire Officers shall prescribe such uniforms and designating devices which are required.

The Board shall recommend to the Mayor and Council the necessary replacement or purchase of new and additional apparatus and equipment, and requisition necessary supplies and repairs prior to the time actually needed insofar as practicable.

Department Fire Committee. This Committee shall be a standing committee. The Fire Committee shall consist of five members. The fire commissioner, another councilperson and three elected active Firefighters by the BFO for a term of one for three years, one for two years, and one for one year. Nominations shall take place at the November monthly meeting prior to the next term of office. Elections shall take place at the following December meeting. Replacements shall be nominated from the floor of the BFO at the meeting following the resignation of a Committee member, and election will be at the next monthly meeting, this will be for the unexpired term. The member must be in good standing and must have held the position of Lieutenant with five years of fire service. The members of the Committee will be the only liaison as a committee of the BFO, to the Mayor and Council. The Committee, at the request of the BFO President, shall recommend resolutions to any problems that are encountered and cannot be resolved. This Committee shall not have the power to override the BFO. It shall be utilized when the BFO is not able to find resolution to any issue. The resulting decision of the Committee shall be in recommendation form and presented to the BFO at the next monthly meeting when possible.

§ 2-15.16 Fire Apparatus and Equipment.

[1971 Code § 15-5; Ord. No. 2014-15]

Procurement; Ownership. The procurement and ownership of all material shall be vested in the Council.

Emergencies in Other Communities. No apparatus shall be let out for hire, or let in any case, except upon the consent of the Chairman of the Fire Committee, or the Chief of the Department, and then only in case of an emergency in a neighboring community.

However, the Department shall immediately respond to a call from the County without any approval by reason of the Department's membership in the County cover-up system.

Housing Fire Apparatus. The procurement by lease purchase or construction of adequate housing facilities for Borough-owned fire apparatus and equipment is vested with the Council. The rental to be paid by the Borough for the housing of such equipment shall be fixed annually by the Mayor and Council after consultation with the Fire Department. The Council shall have full jurisdiction and control of all fire houses or portions of leased fire houses or other buildings wherein Borough-owned fire apparatus and equipment is stored. The Council in addition shall be responsible for the heating and lighting of fire houses.

Maintenance Men. If and when it may be deemed necessary, the Council is empowered to hire full-time or part-time maintenance men, who shall be selected from a list of active and exempt members of the Department, the number and compensation to be determined as the situation warrants, to care for and maintain the Borough fire apparatus, equipment and places of housing.

Additional Payment by Borough. Annually the Council shall also make such provisions for the payment of other expenses on behalf of the Fire Department as Council shall deem appropriate. All expenditures made by the Fire Department from funds allocated to it under this provision shall be evidenced by voucher and other documentation which shall be approved for sufficiency by the Borough Auditor.

§ 2-15.17 Discipline.

[1971 Code § 15-6; New; Ord. No. 2014-15]

Any officer or other member while on fire duty, who shall refuse or voluntarily neglect to obey or execute any orders from the Officer in Charge of the fire, shall be subject to suspension or expulsion from the Department. Any disciplinary action shall be communicated in writing and the officer or member may follow the appeals procedure outlined in subsection 2-15.9h.

§ 2-15.18 Amendment of Rules or Bylaws.

[1971 Code § 15-7; Ord. No. 2014-15]

The members of the Department by the vote of a majority the Members that comprise the BFO, as stated in subsection 2-15.15a, that are present at the BFO meeting, shall adopt and amend from time to time the rules or bylaws for the control, management and government of the Department, which code of rules and bylaws and all amendments thereto shall not become operative until presented to the Council.

§ 2-15.19 Retention of Members After Moving.

[1971 Code § 15-9; Ord. No. 2014-15]

No present active member of any of the Fire Companies shall lose his right to membership because they have moved, or shall in the near future move to another municipality. This section shall not be construed to relieve such active member from attending 60% of all fire alarms. Any over-age member of the Freneau Volunteer Fire Company No. 1 and nonresident members of the Company shall remain active members of the Company upon its becoming a member and part of the Matawan Borough Volunteer Fire Department.

§ 2-16 DEPARTMENT OF PUBLIC WORKS.

§ 2-16.1 Superintendent of Public Works.

[1971 Code § 4-1; Ord. No. 96-44; Ord. No. 11-02]

Appointment; Term. There shall be an office of the Superintendent of Public Works (pursuant to the provisions of N.J.S.A. 40A: 9-154.5 et seq. The Superintendent of Public Works, in addition to the duties, responsibilities and obligations set forth in the within Administrative Ordinance and job description and duties assigned to the position, shall also undertake all the duties and responsibilities and obligations as the Supervisor of the Water Department and Sewer Department as outlined in Chapter 22 and Chapter 23 of the Code of the Borough of Matawan; notwithstanding any ordinances and regulations to the contrary. The Superintendent of Public Works shall be appointed by the Mayor with the advice and consent of the Council. The term of the Superintendent shall be for a calendar year effective January 1 to December 31. Any vacancy during that term shall be filled only for the unexpired term.

Tenure. Tenure for the position of full-time Superintendent of the Department of Public Works is authorized and consistent with the terms and conditions of N.J.S.A. 40A:9-154.6, providing the person holding this position has held this position for a term of at least five continuous years.

Any person holding this office upon the coming tenure shall not be removed from office unless consistent with the terms and provisions of N.J.S.A. 40A:9-154.6.

A person obtaining tenure may be retired by the municipality when that person shall have obtained the age of 70 years.

§ 2-16.2 Qualifications; Powers and Duties.

[1971 Code § 4-2; New]

Qualifications. The Superintendent shall be qualified in the planning and execution of public works and improvements and in the responsible management of technical personnel, and shall be responsible for the proper and efficient performance of all public works functions of the Borough. The Superintendent shall complete and maintain the Certified Public Works Manager Program and certificate as required by law.

Powers and Duties. The Superintendent of Public Works shall have the following powers and duties:

Repair and maintenance of all public buildings, streets, thoroughfares, curbs, walkways, traffic control devices, storm sewers and drains, parking facilities, lots and storage facilities.

Repair, maintenance and operation of municipal water mains, lines, pumps and purification plants and sewer facilities.

Planning, administration and control of the cleaning of all public streets and roads, including the removal of snow within the limits of available appropriations.

Supervision of the collection and disposal of all garbage and refuse, including municipal contracts therefor.

Repair, maintenance and improvement of all public recreational areas, grounds, park facilities and playgrounds, and appurtenance buildings, structures and equipment.

Supervision and control of the use, storage, repair and maintenance of all Borough equipment used by the Department.

Maintenance, conservation and physical development of the natural resources of the Borough.

Direction and supervision of the personnel of the Department; establishment of work assignments, vacation and sick leave schedules.

Maintenance of such records, systems and procedures as may be required to control and account for Department receipts, property and personnel; providing of information for budgeting the cost of operation and revenues of the Department.

10.

Performance of such other functions and duties as may be prescribed by the Mayor and Council.

The Superintendent shall have the power, with the approval of the Mayor and Council and within the limits of available appropriations, to engage specialized personnel, including consulting engineers, for specific projects and purpose as he may deem necessary for the proper performance and administration of the functions of the Department.

§ 2-16.3 Division of Engineering.

[1971 Code § 4-3]

Established. Within the Department of Public Works there is hereby created the Division of Engineering, the head of which shall be the Borough Engineer. The Borough Engineer shall be a duly licensed professional engineer of the State of New Jersey. He shall be appointed for a term of one year by the Mayor with the advice and consent of the Council. Unless and until the Mayor and Council authorize the appointment of a separate person, the Superintendent of Public Works shall serve as Borough Engineer without additional compensation.

Powers and Duties of Engineer. Subject to the direction and supervision of the Superintendent of Public Works, the Borough Engineer shall be responsible for:

The planning and design of all public improvements, including but not limited to those involving streets, curbs, sidewalks, street lighting, traffic control systems, water, sanitary sewer and drainage facilities, public buildings, structures and parking facilities, parks and recreational facilities, and all appurtenances in connection therewith.

Coordination of the work of engineering consultants engaged for specific projects and purposes, and review of all reports and plants arising therefrom.

Supervision and inspection of all public works construction being performed under contract with the Borough.

Review of all subdivision plans submitted to the Unified Planning Board unless the review of same is relegated to the Engineer/Planner for the Unified Planning Board.

Furnishing engineering advice and consultant services to the Mayor and Council, Unified Planning Board and other municipal officials, boards, commissions and bodies as requested.

Performance of such other functions and duties as may be prescribed by Statute, ordinance or the Superintendent of Public Works.

§ 2-16.4 Division of Inspections.

[1971 Code § 4-4]

Established. Within the Department of Public Works there is hereby created the Division of Inspections, the head of which shall be the Construction Official. He shall be appointed for a term of one year by the Mayor with the advice and consent of the Council.

Powers and Duties of Construction Official. Subject to the direction and supervision of the Superintendent of Public Works where permitted by law the Construction Official shall be responsible for:

Administration and enforcement of the State Uniform Construction Code and Zoning Ordinance of the Borough, including but not limited to:

Performance of the duties of Building Official, Zoning Officer or other public officer.

Review of all building plans and specifications upon which building permits are sought.

Inspection of all buildings in the process of construction for conformity with approved plans and specifications and the Construction Code and Zoning Ordinance.

MUNICIPAL HOUSING LIAISON

Issuance of Certificates of Occupancy upon completion of conforming building construction.

(e)

Investigation and prosecution of all violations of codes and ordinances.

Review of all subdivision plans submitted to the Planning Board where such plans indicate thereon proposed building construction.

Furnishing advice on building construction and zoning matters to the Mayor and Council, Unified Planning and Zoning Board of Adjustment and other municipal officials, boards, commissions and bodies, as requested.

Maintenance of liaison with the Plumbing Subcode Official, Board of Health and such other municipal officials, boards, commissions and bodies as may be necessary to insure that all residential, business and industrial buildings and structures conform to reasonable standards of safety, health and habitability.

Performance of such other functions and duties as may be prescribed by Statute, ordinance and the Superintendent of Public Works.

§ 2-16.5 General Foreman.

[1971 Code § 4-5]

Appointment. The position of General Foreman within the Department of Public Works is created for the general purpose of relieving the Superintendent of Public Works of the need for daily and direct contact with the personnel of the Department. He shall be appointed for a term of one year by the Mayor and Council following consultation with the Superintendent of Public Works. The duties of the General Foreman may be in addition to his duties as a Foreman of a Division within the Department.

Duties and Responsibilities. Subject to the direction of the Superintendent of Public Works, the General Foreman shall have the following duties and responsibilities:

Coordination of work which involves the several Divisions of the Department in the accomplishment of a work assignment;

In conjunction with the Foreman of other Divisions, see that appropriate work assignments are scheduled and carried out in an expeditious and workmanlike manner;

Emergency utilization of Borough personnel and equipment whenever economically and technically feasible with the consent and approval of the Superintendent of Public Works; and, if outside labor and equipment are necessary, arrange for and see that the emergency service is rendered in a fair, proper and expeditious manner with a proper accounting for all work done;

Assure that municipally-owned equipment is available to all Divisions of the Department and arrange for borrowing or renting from outside sources as required with the consent and approval of the Superintendent of Public Works;

Cooperate with other Borough agencies and Departments or organizations outside the Borough to accomplish beneficial goals for the Borough through coordination;

See that the necessary accounting is properly prepared by each Division Foreman for receipts of delivered materials, repair of Borough equipment and inspection of Borough properties;

With the help of the Division Foreman, take a quarterly inventory and submit a report to the Superintendent of Public Works in regard to the status and condition of equipment, vehicles and property used by the Public Works Department. The consumption of fuel, supplies and materials shall be included. Recommendations for purchases, repairs or services shall be a part of the report;

In collaboration with the Division Foremen, see that personnel records of regular hours and overtime hours worked, vacations, sick days, personal days, holidays, etc. are properly maintained and made available for a record as required by the Superintendent and other Departments; and

Communicate with the Division Foremen and the employees in the Department regarding any notices or information which apply to the Public Works Department and notify employees of general rules and regulations including such things as working conditions, training and safety, emergency work assignments, clothing and uniforms.

§ 2-17 DEPARTMENT OF LAW.

§ 2-17.1 Established.

[1971 Code § 2-13.1; Ord. No. 94-17]

There shall be a Department of Law, the head of which shall be the Borough Attorney who shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. He shall be an Attorney-at-Law of New Jersey, but need not be a resident of the Borough. The Attorney shall receive an annual salary which shall be payable for all general legal services provided to the Borough including general legal representation for the water and sewer utilities.

General legal service shall be defined as:

Attendance at all meetings required by the Mayor and Council;

Providing legal advice as required by the Mayor and Council to the Mayor, Council, Clerk, Business Administrator and all Department Heads with the exception of agencies, boards and commissions that have separately retained legal counsel; and

Legal representation pertaining to all routine and exceptional operations of the Borough including but not limited to personnel matters, negotiations, real estate transactions, and Borough interaction with other municipal, County, State and Federal entities and agencies.

The annual salary shall not include legal services related to litigation, bond ordinances, and tax appeals. Compensation for work related to litigation, bond ordinances, and tax appeals shall be at an hourly rate determined by the Governing Body and charged to the applicable accounts established for these purposes.

§ 2-17.2 Powers and Duties of Attorney.

[1971 Code § 2-13.2; New]

The Attorney shall give all legal counsel and advice required by the Council or any member thereof and shall in general serve as the legal advisor to the Council on all matters of Borough business. He shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies may be a party or have an interest. In furtherance of his general powers and duties, but without limiting them, the Attorney shall:

Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.

Conduct appeals from orders, decisions or judgments affecting any interest of the Borough.

With the approval by resolution of the Borough Council, compromise or settle litigation in which the Borough is involved.

Render opinions in writing upon questions of law submitted to him by the Council or any member thereof with respect to their official powers and duties.

Supervise and direct the work of additional attorneys and technical and professional assistants which the Council may authorize for special or regular employment in or for the Borough.

Undertake legal reviews and opinions at the direction of the Borough Administrator.

§ 2-18 through § 2-19. (RESERVED)

§ 2-20 CONTRACTOR EMPLOYMENT ELIGIBILITY.

§ 2-20.1 All Entities Contracting with the Borough Are Required to Verify Employment Eligibility.

[Ord. No. 10-07]

All contractors providing any goods and/or services to the Borough, or constructing any public works project for the Borough; or any redevelopment entity engaging in any designated redevelopment project(s) pursuant to an approved redevelopment agreement; or any development or commercial entity receiving a direct public benefit from the Borough in the form of a grant, loan, pilot and or other financial incentive, are hereby required to certified to the Borough that they have utilized the E-Verify program to verify the employment eligibility of all of their employees performing any work under said contract, redevelopment agreement, or related to such public benefit, and further have so required any subcontractor(s) retained by them to also provide proof of compliance.

§ 2-21 through § 2-22. (RESERVED)

§ 2-23 ADDITIONAL MUNICIPAL OFFICES.

§ 2-23.1 Municipal Housing Liaison.

[Ord. No. 08-09 §§ 1—3]

The purpose of this subsection is to create the administrative mechanisms needed for the execution of the Borough of Matawan's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ADMINISTRATIVE AGENT

Shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Matawan to ensure that the units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

Shall mean the employee charged by the Governing Body with the responsibility for oversight and administration of the affordable housing program for the Borough of Matawan.

Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.

Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Borough of Matawan.

Subject to the approval of the council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part-time municipal employee.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Matawan, including the following responsibilities which may not be contracted out.

Serving as the Borough of Matawan's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;

Monitoring the status of all restricted units in the Borough of Matawan's Fair Share Plan;

Compiling, verifying, and submitting annual reports as required by COAH;