CHAPTER II
ADMINISTRATION*
2-1 OFFICIAL TITLE.
This chapter shall be known and may be cited as the “Administrative Code of the Borough of Harvey Cedars” and is herein referred to as the “code”.
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*The form of government under which the borough operates is the Commission Form of Government Law, comprising Chapters 70 to 76 of Title 40 of the Revised Statutes of New Jersey. The administrative code has been drafted in conformity with this law and many of its provisions are based on clauses found in Chapters 72 and 73 of Title 40. Other enabling laws pertaining to the Administrative Chapter are R.S. 40:11-1 et seq., Officer and Employees; R.S. 40:47-1 et seq., Police and Fire Departments; R.S. 2A:8-1, et seq., Municipal Court; R.S. 40:55-36, Zoning Board of Adjustment; R.S. 40:55-1.4, Planning Board.
2-2 BOARD OF COMMISSIONERS.
2-2.1 Organization. The board of commissioners of the Borough of Harvey Cedars shall consist of three commissioners who shall be elected at large by the voters of the borough at a regular municipal election and who shall serve for a term of four years beginning on the first Tuesday following their election.
2-2.2 Powers of Board of Commissioners. All of the executive, administrative, judicial and legislative powers of the Borough of Harvey Cedars shall be vested in the board of commissioners, and they shall have complete control over the affairs of the borough.
2-2.3 Meetings and Procedures.
a. Regular Meetings. The board of commissioners shall organize on the first Tuesday following the regular quadrennial municipal election. At that meeting, or as soon thereafter as practical, the board of commissioners shall create all subordinate boards and appoint any officers that it deems necessary for the proper and official conduct of the affairs of the Borough of Harvey Cedars. After the organization meeting the board of commissioners shall meet regularly at least twice a month on dates to be determined by resolution of the board. When the time for any regular meeting of the board falls on a legal holiday as prescribed by law, the meeting shall be held at the same hour on the next succeeding day which is not a legal holiday.
b. Special Meetings. Special meetings of the board of commissioners may be held on call of the mayor or any two commissioners in accordance with the provisions of R.S. 40:72-13.
2-3 MAYOR.
2-3.1 Selection of Mayor. At the first meeting after their election, the commissioners shall choose one of their number to preside at all meetings of the board, and he shall be designated mayor.
2-3.2 Powers of Mayor. The mayor shall be president of the board of commissioners and shall preside at all meetings. He shall supervise all departments and report to the board, for its action, all matters requiring the attention of the board or of any department.
2-4 CLERK.
The board of commissioners shall appoint a borough clerk to hold office for such term as it shall fix. He shall be the clerk of the board and have the custody of its minutes, the seal of the borough and all papers and records of the borough not otherwise expressly provided for. Copies of all records of the borough certified by him under the seal of the borough shall be legal evidence in all courts and places in like manner as if the original were produced.
Pursuant to NJSA 40A:9-135:
a. Position Created. There is hereby created the position of Deputy Municipal Clerk for the Borough of Harvey Cedars.
b. Appointment and Term of Office. The Deputy Municipal Clerk shall be appointed by the Board of Commissioners and shall serve at the pleasure of the Board.
c. Duties. The Deputy Municipal Clerk shall have all the powers and perform all the duties of the Municipal Clerk during such times and for such specific periods as the Municipal Clerk is absent, disabled or otherwise unable to perform her duties. The Deputy Municipal Clerk shall assist the Municipal Clerk in the performance of the duties of the Municipal Clerk’s office. (Ord. No. 99-10 § 1)
2-5 ADMINISTRATIVE ORGANIZATION.
2-5.1 Departments Generally. The administrative functions, powers and duties of the board of commissioners shall be allocated among the following departments:
2-5.2 Commissioners Assigned to Departments. At the first regular meeting after the election of its members, the board of commissioners shall designate by majority vote one commissioner to be director of each department. At such meeting, the board of commissioners shall examine the various departments and divisions within departments and shall by resolution make such reallocation of divisions within departments as they deem desirable. When such reallocation has been duly made by resolution, the divisions so allocated shall be deemed to fall within the departments to which they have been so allocated, notwithstanding any other provision of this code.
2-6 DEPARTMENT OF REVENUE AND FINANCE.
2-6.1 Director. The director of the department of revenue and finance shall supervise the work of the department and its divisions.
2-7 DEPARTMENT OF PUBLIC AFFAIRS AND PUBLIC SAFETY.
2-7.1 Director. The director shall supervise the work of the department and its divisions and shall, subject to the approval of the board of commissioners, make rules and regulations for the various divisions assigned to the department.
2-7.2 Establishment of Police Department. A police department is hereby established in the Borough of Harvey Cedars. The police department of the borough shall be under the jurisdiction and control of the director of the department of public affairs and public safety.
2-7.3 Organization. The police department shall consist of a chief of police and such officers, patrolmen and other employees as shall be deemed to be necessary for the preservation of peace and good order within the borough.
2-7.4 Duties of Director. The director of public affairs and safety, in addition to other powers and duties conferred on him by law, shall have the following duties and powers with relation to the police department:
a. To exercise authority and control over police headquarters and all property, equipment and apparatus owned by the borough and used or to be used for the protection of life, safety and property or in the maintenance of order and the enforcement of public laws and ordinances.
b. To appoint such officers, patrolmen and other members as he shall deem necessary for the efficient maintenance and operation of the police department and for the preservation of the peace and order within the borough.
c. To suspend or remove, for proper cause and in accordance with law, any officer, member or employee of the police department.
d. To recommend to the board of commissioners the adoption of such rules and regulations as he shall deem appropriate for the proper management and operation of the police department. Such rules and regulations, when adopted by resolution of the board of commissioners, shall be binding upon all officers, members and employees of the department. A copy of such rules and regulations shall be delivered to each officer, member and employee of the department.
2-7.5 Duties of Chief of Police. It shall be the duty of the chief of police to command and regulate the affairs of the police department, under the supervision of the director of public affairs and safety.
2-7.6 Candidates for Police Department. To be eligible for appointment to the police department, a candidate must meet the following criteria:
(Ord. No. 2002-13 § 1)
2-7.7 Compensation. The compensation to be paid to members of the police department shall be as provided in the annual salary ordinance of the borough.
All municipal employees who work on holidays shall be entitled to be paid for such holidays, not exceeding ten, the sum as shall equal a proportionate amount of their regular pay, computed on the basis of a 40 hour week.
2-7.8 Special Officers. The director of public affairs and safety may appoint special officers for terms ending not later than the end of the calendar year in which the appointment is made, and may revoke such appointments at any time without cause. Such special officers shall not be members of the police department. The director of public affairs and safety and the chief of police shall have power to call upon the special officers in case of emergency or for any special duty. The special officers shall possess the same qualifications as to citizenship, and, while on such special or temporary employment, shall have the same powers, duties and obligations as members of the police department. All special officers shall be under the direction of the chief of police.
2-7.9 Copies of Accident Report. The chief of police of the borough is authorized, upon request, to supply to any applicant a certified copy of any report, or of any other related information of or pertaining to any automobile accident or other casualty on file in the police department. The chief of police, subject to the approval of the director of the department of public affairs and safety, may prescribe rules and regulations governing applications for any such certified copy when, in his judgment, the interest of law enforcement and public safety so require.
2-7.10 Fee
for Copies. Repealed by Ord. No. 2005-07 § 1.
2-7.11 Employment of Off-Duty Police Officers.
a. Any person or entity desiring to retain the services of police officers of the Borough of Harvey Cedars for off-duty police related activities shall be required to enter into a contract with the Borough of Harvey Cedars. Said contract shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Borough of Harvey Cedars and fees for the use of borough owned equipment. Except in the case of public or quasi-public agencies, the payment of 100 percent of the estimated amount is due the borough for the assignment of such off-duty officers from the person or entity requesting such assignment in advance of providing such officer or officers. The borough clerk is hereby empowered to execute a contract for off-duty police related activities on behalf of the borough in accordance with this subsection.
b. The chief of police or his designee shall be responsible for the assignment of all off-duty police related activities.
c. All persons or entities shall pay to the chief financial officer of the Borough of Harvey Cedars such hourly sum of fifty-five ($55.00) dollars an hour for such service. The borough shall remit to the member of the police department performing such duties forty-three ($43.00) dollars an hour and the remaining twelve ($12.00) dollars shall be retained by the borough for administrative expenses and vehicle expenses.
(Ord. No. 2005-17 § 1)
d. Any invoice from the Borough of Harvey Cedars for any balance due, or a credit for any refund, if any, shall be issued by the borough’s chief financial officer. Payments due shall be made within ten (10) days of receipt of the invoice from the borough.
e. Each person or entity who shall employ off-duty police officers pursuant to this section shall be responsible for maintaining his/her or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Borough of Harvey Cedars as an additional insured. In addition, such policy shall provide for a minimum coverage of one million ($1,000,000.00) dollars for any one claim or two million ($2,000,000.00) dollars for any aggregate claims. Proof of said insurance coverage shall be provided to the Borough of Harvey Cedars prior to the assignment of any off-duty police officers to said person or entity. The person or entity shall provide for the aforementioned for any and all officers, vehicles and/or equipment that are utilized in the off-duty assignment.
f. The chief of police or his/her designee shall have the authority to order any police officer engaged in off-duty assignments within the Borough of Harvey Cedars to respond to an emergency situation within the Borough of Harvey Cedars. The chief of police or his/her designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or citizens of the Borough of Harvey Cedars.
In the event that a police officer is assigned to an emergency situation, the chief of police shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation, said person or entity shall not be responsible for the payment of the officer’s hourly rate, administrative fee or any other fees to the Borough of Harvey Cedars until such time as said police officer and/or equipment returns to the assignment with the off-duty employer.
g. Any person or entity requesting the services of off-duty police officers shall agree to indemnify and hold harmless the Borough of Harvey Cedars for any and all claims and damages which may arise from the off-duty police officer’s employment by said person or entity.
h. In order to be eligible for off-duty employment, a police officer must be in good standing with the department. Officers who are on medical or other leave due to sickness, temporary disability or an on-duty injury shall not be able to engage in off-duty employment.
i. The chief of police shall not assign any police officer off-duty assignments where such off-duty assignments, in the aggregate, would exceed 20 hours in a given week. The chief of police shall consider other police officer off-duty non-police work in assigning off-duty police related assignments, to ensure officer safety and on-duty job performance.
j. Off-duty police related assignments are not permitted outside the Borough of Harvey Cedars. (Ord. No. 2002-02 § 1)
k. Any off-duty assignment under the terms of this ordinance shall be for a minimum of four (4) hours of pay at the rate set forth above. (Ord. No. 2002-19 § 1)
2-7.12 Promotions. Promotion of any police officer from within the department to a superior position shall be made upon the following criteria:
a. Written examination.
b. Oral interview with Commissioner of Public Safety.
c. Recommendation of Chief of Police, if applicable.
d. Educational background.
e. Additional training and certifications received evidencing completion of police related training courses.
f. Review of candidate’s personnel file.
g. Outside community and/or charitable related activities.
The Commissioner of Public Safety shall promulgate standards for the above with sufficient prior notice to all members of the department. (Ord. No. 2002-13 § 2)
2-7.13 Employment of Off Duty Lifeguards.
In the event that a lifeguard is assigned to an emergency situation, the Commissioner of Public Safety shall make note of said emergency situation, as well as the time said lifeguard was removed from said off-duty assignment. In any situation, said person or entity shall not be responsible for the payment of the lifeguard’s hourly rate, administrative fee or any other fees to the Borough of Harvey Cedars until such time as said lifeguard and/or equipment returns to the assignment with the off-duty employer.
2-8 DEPARTMENT OF PARKS, PUBLIC PROPERTY AND PUBLIC WORKS.
2-8.1 Director. The director of the department of parks, public property and public works shall supervise the work of the department.
2-9 MUNICIPAL COURT.
2-9.1 Established. There is hereby established in the borough a municipal court to be known as the “Municipal Court of the Borough of Harvey Cedars,” pursuant to the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented.
2-9.2 Seal. The municipal court shall have a seal that shall bear the impress of the name of the court.
2-9.3 Judge. There shall be a municipal judge for the municipal court who shall be appointed by the board of commissioners and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
The compensation of the judge and clerks or other personnel shall be the annual salaries as may be provided by ordinance, which salary shall be in lieu of all fees, costs and any other allowances whatsoever.
2-9.4 Powers. The municipal court and the municipal judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by Chapter 264 of the Laws of 1948, or by any other law.
The judge shall have the power in criminal cases to hold defendants in reasonable bail to appear before the court having jurisdiction thereof by taking recognizances of bail with surety or sureties and forwarding the same to the court having jurisdiction before the time of appearance herein mentioned.
2-9.5 Time and Place of Court. The municipal judge shall fix and determine the time when court shall be held.
2-9.6 Municipal Public Defender. There is hereby established the position of municipal public defender.
2-9.7 Municipal Court Application Fees. Any person applying for representation by the municipal public defender shall pay an application fee for said representation of two hundred ($200.00) dollars. The municipal judge upon considering the application may waive any portion of this application fee, if in his discretion he finds the same to be an unreasonable burden on the person seeking representation.
The funds collected for the services of the public defender shall be placed in a dedicated fund administrated by the municipal chief financial officer. The funds shall be used exclusively to meet costs incurred in providing the services of municipal public defender including, when required, expert and lay investigation and testimony. The final determination as to the necessity for services of the municipal public defender and services required by experts and lay testimony shall be made by the municipal court.
2-10 RESERVED.
2-11 BOARD OF HEALTH.
2-11.1 Creation. There is hereby created and established a board of health in the borough.
2-11.2 Membership. The board of health shall be composed of five members who shall be appointed by the mayor and whose appointment shall be confirmed by the board of commissioners. Each member shall serve for a term of three years.
2-11.3 Powers. The local board of health may adopt rules, regulations, or ordinances for its government and that of its officers and employees consistent with law or the State sanitary code in regard to the public health within its jurisdiction.
2-11.4 Vacancies on the Board of Health. If any vacancies shall occur on the board of health of the borough they shall be filled in the same manner in which the original appointment was made, but for the unexpired portion of the term only.
The members of the board of health of this borough shall receive no compensation for their services as members of the board.
2-11.5 Election of President. The members of the board of health shall organize and select from their number a president and secretary who shall be selected by the members of the board annually thereafter. The president and secretary of the board of health shall hold office for one year or until their successors have been duly selected by a majority of the members of the board.
2-12 SUBMISSION OF CLAIMS.
2-12.1 Certified Bill. Any person claiming payment of funds from the borough shall present to the borough clerk a detailed voucher, certified by the claimant to be correct.
2-12.2 Endorsement Required. The claim shall not be presented by the clerk for approval until there has been endorsed thereon the certificate of an officer or duly designated employee of the borough having knowledge of the fact that the materials have been received by, or the services rendered, to the borough.
After having been duly certified as provided in subsection 2-12.2 hereof the clerk shall submit the claims to the commissioner or his designated representative, responsible for the placing of the order for the materials or services. After such approval has been endorsed on the claim, it shall be presented to the board of commissioners for formal approval at a regular meeting. The approving resolution shall be signed by the mayor or acting mayor to indicate that he has examined the claims and has approved them for payment.
2-12.3 Claims Approved by Commissioners. Claims shall be considered by the board of commissioners, which shall approve the same; except that the commissioners may reject any claim submitted to it, stating the reason for the rejection.
2-12.4 Clerk’s Duty. It shall be the duty of the borough clerk to record all claims in the official minutes, indicating that the commissioners have by formal action approved the same, with appropriate record as to any claim rejected or disapproved.
2-13 PAYMENT OF SALARIES.
2-13.1 Authorization. The treasurer of the borough is hereby authorized to pay the regular payroll of the borough as established pursuant to the salary ordinance currently in effect, on the dates when payment thereof becomes due.
2-13.2 Holiday Compensation. Repealed by Ord. No. 2005-07 § 2.
2-14 RETIREMENT OF BOROUGH EMPLOYEES.
The retirement age of employees of the borough is determined to be 65 years; and the board of commissioners hereafter shall have the right by resolution to require the retirement of any employee of the borough from employment on or after the attainment of the age of 65 years by the employee.
2-15 FIRE DEPARTMENT.*
2-15.1 Organization of the Fire Department. The fire department shall be known as the “High Point Volunteer Fire Company” and shall consist of a chief, assistant chief, captain, lieutenant and such other officers as the chief may designate together with such firemen as set forth below.
2-15.2 Membership in Fire Department. No person shall hereafter become a member of the fire company unless above the age of 18 and not over the age of 40, a citizen of the United States of good moral character and a resident of the fire district for upwards of one year. No person shall hereafter become a member of the fire company unless said person shall be physically fit to perform the duties of a fireman as evidenced by a certificate to that effect by a practicing physician of the State of New Jersey after physical examination for that purpose.
Every person seeking to join the fire company shall make application to the company. Upon election to membership by vote of a majority of the unit present and voting said person shall become a member in good standing of the fire company after approval of his membership by the chief and confirmation by the board of commissioners of the borough. The name of each member shall be kept by the borough clerk.
2-15.3 Board of Fire Officers. The chief and board of directors of the company shall constitute a board of fire officers, who shall meet monthly or more frequently for the transaction of all business of the department, which board shall have entire and absolute control over and management of the department and its government.
2-15.4 Retirement from Service. Any member of the department who has arrived at the age of 50 may be retired from service by the board of fire officers, and in like manner any member who shall become physically unfit for active service.
2-15.5 Adoption of By-laws. The board of fire officers is hereby authorized and empowered to adopt a code of by-laws and rules for the control, management and government of the department and for the regulating of the proceedings and business for the board, which code of by-laws and rules after adoption shall be forwarded to the Board of Commissioners of the Borough of Harvey Cedars.
2-15.6 Records Required. The board of officers are required to devise forms or methods of keeping records and shall see that records are kept of all alarms of fire, fire losses, methods of extinguishment, drills, hose, apparatus, minor equipment, condition of hydrants and starting of motors.
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*Editor’s Note: For Length of Service Awards Program for Firefighters see Section 2-19.
2-15.7 Duties of Members. It shall be the duty of the company, so often as any fire shall breakout, to repair immediately upon the alarm thereof to the fire house and to convey the company apparatus to the place where the fire shall happen, unless otherwise directed by the chief engineer or other officer who may be in charge and upon such direction they shall return their apparatus, well washed and cleaned, to the firehouse.
2-15.8 Absence of Chief. In all cases of fire, the chief or, in his absence, an assistant shall have full power and absolute control and command, and cause the apparatus to be worked in the most advantageous manner.
Should the chief and the assistant chief be absent from a fire, the person having charge of the apparatus arriving at the fire shall assume the duties of the chief until the arrival of his superior officer.
2-15.9 Duty of the Secretary. It shall be the duty of the secretary of the company to make a quarterly report to the board of commissioners of the borough setting forth the condition of equipment, fire hydrants and water mains. The secretary shall further submit an annual financial report of the company containing all receipts and disbursements.
2-15.10 Attendance at Fires and Drills. Every member of the fire company shall, in each and every year, perform at least 60 percent of duty to be composed of actual attendance and duty at fires and drills and a record shall be kept of such attendance and duty by the chief of the fire company and reported to the board of commissioners annually.
2-16 MUTUAL ASSISTANCE OF POLICE.
2-16.1 Authorization. The board of commissioners of the Borough of Harvey Cedars does hereby authorize the execution of an Interlocal Government Services Agreement with the Township of Lacey, Township of Ocean, Township of Stafford, Borough of Tuckerton, Township of Little Egg Harbor, Borough of Beach Haven, Township of Long Beach, Borough of Ship Bottom, and the Borough of Surf City for mutual police aid in the case of an emergency.
The board of commissioners of the Borough of Harvey Cedars is hereby authorized to execute an agreement with the above municipalities. Said agreement to be in accordance with the provisions of N.J.S.A. 40A:14-156.1, and said agreement to waive the payment of the statutory fees set forth in N.J.S.A. 40A:14-156.
2-17 PERSONNEL POLICIES.
The Policy and Procedure Manual of the Borough of Harvey Cedars as adopted by the Board of Commissioners by Resolution dated February 7, 1997 and amended most recently on February 4, 2005, is hereby adopted in their entirety as if fully set forth herein.
(Ord. No. 2005-07 § 3 & 4)
2-18 CHIEF FINANCIAL OFFICER.
2-18.1 Position Created. Pursuant to Chapter 110 of the Laws of the State of New Jersey of 1988, there is hereby created the office of chief financial officer for the Borough of Harvey Cedars.
2-18.2 Position Created. There is hereby created the position of Deputy Chief Financial Officer and Deputy Tax Collector for the Borough of Harvey Cedars.
a. Appointment and term of office. The Deputy Chief Financial Officer and Deputy Tax Collector shall be appointed by the Board of Commissioners and shall serve at the pleasure of the Board.
b. Duties. The Deputy Chief Financial Officer and Deputy Tax Collector shall have all the powers and perform all the duties of the Chief Financial Officer and/or Tax Collector during such times and for such specific periods as the Chief Financial Officer and/or Tax Collector is absent, disabled or otherwise unable to perform the duties of their office.
(Ord. No. 2002-11 § 1)
2-19 LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) FOR FIREFIGHTERS.
2-19.1 Length of Service Awards Program Created. A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward members of the volunteer firefighters for their loyal, diligent, and devoted services to the residents of the Borough of Harvey Cedars.
2-19.2 Contributions to Plan; Administration of Plan. The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Harvey Cedars pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
2-19.3 Criteria for Contributions, Point Schedule for Volunteer Service. The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
a. Fifty (50) points are required for a member to be eligible for an annual contribution. (See Schedule A on the following page)
b. Five (5) years of service are required for vesting.
c. The annual contribution shall be six hundred twenty ($620.00) dollars per eligible member.
2-19.4 Voter Approval Required. This section shall not take effect unless it is approved by voters as a public question at the next general election.*
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*Editor’s
Note: This section was approved by the voters of the Borough of Harvey
Cedars at the November 6, 2001 general election.
SCHEDULE A
High Point Volunteer Fire Company
Length of Service Awards Program
(Section 2-19)
1. Earning 50 points will award an eligible year of service.
2. Each active volunteer member shall be credited with points for volunteer services provided to the volunteer fire company in accordance with the following point system:
Fire Call Responses
60% or greater = 20 points
50% to 59% = 16 points
40% to 49% = 13 points
30% to 39% = 10 points
20% to 29% = 7 points
Less than 20% = 1 point each call
Company Drills = 3 points each
Special Drills and Fire Company Sanctioned Activities = 3 points each
Regular Fire Company Meetings Per By-Laws = 3 points each
Training Courses = 1 point every two hours, maximum 20 points
Travel time not included
Fund Raising Events = 5 points each
Elected Officers as Per By-Laws = 20 points each
Appointed Positions:
Engineers, Safety Officer, Fire Police = 10 points each
Officer Assistants = 5 points each
Committee Chairperson = 5 points each
Committees = 4 points each
Life Members = 25 points each
3. Member is vested after five (5) qualifying years.
4. Annual contribution of $620.00 per member who has earned a qualifying year.
5. The estimated cost of the program has been calculated as follows:
Regular annual services: $26,040.00
2-20 LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) FOR FIRST AID SQUAD.
2-20.1 Length of Service Awards Program Created. A Length of Service Awards Program (LOSAP) is hereby created in accordance with Chapter 388 of the Laws of 1997, to reward the members of the Barnegat Light First Aid Squad for their years of loyal, diligent, and devoted service to the residents of the Borough of Harvey Cedars.
2-20.2 Contributions to Plan; Administration of Plan. The LOSAP shall provide for fixed annual contributions to a deferred income account for each member of the Barnegat Light First Aid Squad that meets the criteria set forth below. Such contributions shall be made in accordance with a plan that shall be established by the Borough of Harvey Cedars pursuant to P.L. 1997, c. 388; and shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
2-20.3 Criteria for Contributions; Point Schedule for Volunteer Service. The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
a. Fifty (50) points are required for a member to be eligible for an annual contribution. (See Schedule A on the following page)
b. Five (5) years of service are required for vesting.
c. The annual contribution shall be three hundred ten ($310.00) dollars per eligible member.
2-20.4 Voter Approval Required. This section shall not take effect unless it is approved by voters as a public question at the next general election.*
_______________
*Editor’s
Note: This section was approved by the voters of the Borough of Harvey
Cedars at the November 6, 2001 general election.
SCHEDULE A
Barnegat Light First Aid Squad
Length of Service Awards Program
(Section 2-20)
1. Earning 50 points will award an eligible year of service.
2. Each active volunteer member shall be credited with points for volunteer services provided to the First Aid Squad in accordance with the following point system:
First Aid Call Response - 1 point for every two (2) calls
Squad Dills - 3 points each
Squad Meetings - 3 points each
Training Courses - 1 point for every two (2) hours
Fund Raising - 1 point per hour (max. 5 points)
Elected Officials –
per squad by-laws 20 points each
EMT’S OR EMT-D’s - 15 points
Life Members - 25 points
Appointed Positions
Committees 4 points each
Committee Chairperson 5 points each
Engineers (Rig Chief) 10 points each
3. Member is vested after five (5) qualifying years.
4. Annual contribution of $310.00 per member who has earned a qualifying year.
2-21 DEFENSE AND INDEMNIFICATION.
2-21.1 Defense in Civil Actions. Subject to the limitations set forth in the subsequent sections of this chapter, whenever any civil action has been or shall be brought against any person (hereinafter referred to as “employee”) holding or formerly holding any office, position or employment with the Borough of Harvey Cedars for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the borough shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such persons, from any financial loss resulting from the litigation. The Borough Attorney or another attorney selected by the Mayor, with the advice and consent of the Borough Commissioners, shall represent the borough official or employee.
2-21.2 Criminal Actions. The borough shall not defray the costs of defending any criminal action against any municipal employee, except as may be authorized by state statute or other municipal ordinance or resolution of the Borough of Harvey Cedars, and, in those circumstances, the responsibility for defraying the costs of defending such employee shall be applicable only when such criminal proceedings shall have been dismissed or result in a final disposition in favor of the employee. However, should the borough determine that there is good cause to dismiss the employee arising out of the incident or related incidents of the criminal prosecution, the borough will not reimburse the employee or official for legal defense and costs of defending the suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.
2-21.3 Exceptions.
a. The obligation of the Borough of Harvey Cedars to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the borough itself would be liable for the acts of its employees under the doctrine of respondeat superior, except that the borough shall defend any such officer or employee sued under the Federal Civil Rights Act, provided that the Mayor and/or Commissioners shall not have concluded that such act or omission was outside the scope of the responsibilities of said officer or employee.
b. Furthermore, the borough shall not defend and save harmless any employee committing an intentional or willful act or willful omission arising out of or in the course of the performance of the duties of such office, position or employment.
c. Also specifically excluded from the provisions of this chapter, is any municipal employee or official providing any form of professional medical services, such as a doctor and nurse, insofar as said civil action arises out of or concerns those professional medical services.
d. The borough shall not be responsible for the defense or indemnification of any official or employee of the borough, when the Borough Commissioners have determined that:
1. The act or omission was not within the scope of employment.
2. The act or failure to act was because of actual fraud, willful misconduct or actual malice.
3. The defense of the action or proceeding would create a conflict of interest between the borough and the public employee.
4. The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the borough or by any other person.
5. The public employee failed to deliver the Borough Clerk, within ten (10) calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same.
6. The public employee has failed to cooperate fully with the defense.
2-21.4 Borough Control Over Litigation. Whenever the borough provides any defense required of it under this chapter, the borough, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense.
2-21.5 Indemnification.
a. In any case where the borough is required to provide a defense under this chapter, the borough shall pay or shall reimburse the public employee for:
1. Any bona fide settlement agreements entered into by the employee.
2. Any judgments entered against the employee.
3. If the borough has failed to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses, together with costs of any appeal.
b. In addition, in any case where the borough would be required to provide a defense under this chapter except for the fact that such defense is provided for by insurance, the borough shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
2-21.6 Limitations. Nothing in this chapter shall authorize the borough to pay for punitive or exemplary damages or damages resulting from the commission of a crime.
(Ord. No. 2002-18 § 1)
2-22 JOINT ENVIRONMENTAL COMMISSION.
2-22.1 Establishment; purpose; name. There is hereby established pursuant to NJSA 40:56A-8 et seq. a Joint Environmental Commission of the Boroughs of Ship Bottom, Surf City, Harvey Cedars, Barnegat Light, Beach Haven and the Township of Long Beach for the protection, development and use of natural resources, including water resources, located within the territorial limits of the Boroughs, which shall be known as the Joint Environmental Commission of Long Beach Island, and which shall be governed by the provisions of the aforementioned law and this Chapter. (Ord. No. 2006-11 § 1)
2-22.2 Membership; qualifications; terms; vacancies; compensation; chairperson; municipal liaison.
The Commission shall consist of twelve (12) members as follows: two (2) persons appointed by the mayor of each municipality with the consent of the governing body thereof, one of whom shall also be a member of the Planning or Land Use Board of the municipality. All terms of office shall be for one year computed from January 1 of the year of appointment, and the members shall serve after the expiration of their terms until their successors are appointed and qualified. A vacancy on the Commission occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment.
(Ord. No. 2006-11 § 2)
A majority of the members of the Commission shall hold no other public office except membership on a municipal or other planning board. Members of the Commission shall serve without compensation, but within budgetary limitations, they may receive reimbursement for actual expenses necessarily incurred in the performance of their duties.
The Commission shall elect one of its members as chairman who shall hold no other public office or position, except that he or she may be a member of a municipal or other planning board. The term of office of the chairman shall be one year, computed from January 1 of the year of election.
The governing body of each municipality shall have the right to designate one of its members as liaison to the Commission. Such designee may attend meetings and participate in deliberations of the Commission, but shall not have the right to vote on matters before the Commission.
2-22.3 Removal of members. The mayors and governing bodies may remove a member of the Commission, from their own municipality, for cause, on written charges served upon a member. The member shall be entitled to a hearing and shall be entitled to be represented by counsel.
2-22.4 General
powers. The Commission shall have the power to study and make
recommendations concerning open space preservation, water resources management,
air pollution control, solid waste management, noise control, soil and
landscape protection, environmental appearance, aquatic resources and
protection of flora and fauna. The Commission shall have the power to conduct
research into the use and possible use of the open land areas of the
municipalities and may coordinate the activities of unofficial bodies organized
for similar
purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes, within appropriations made available to it therefor. It shall keep an index of all open areas, publicly or privately owned, including open marshland, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Planning and Land Use Boards, plans and programs for inclusion in the master plans and the development and use of such areas. It shall also have such other powers and duties as shall from time to time be prescribed by the municipal governing bodies.
2-22.5 Acquisition and administration of property. The Commission may, subject to unanimous approval of the governing bodies, acquire property, both real and personal, in the name of the municipalities by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions) as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the municipalities. (Ord. No. 2005-17 § 2)
2-22.6 Records and reports. The Commission shall keep records of its meetings and activities and shall make a report to the governing bodies annually and such other times as may be requested by them.
2-22.7 Employees. The Commission may appoint such clerks and other employees and incur such expenses as it may from time to time require, provided that the same shall be within the limit of funds appropriated to it.
2-22.8 Apportionment of expenses; budget; appropriations. The participating municipalities shall share in the annual operating expenses of the Commission in proportion to the taxable property within their respective boundaries, as equalized for the purpose of apportioning county taxes, for the preceding year. The Commission shall submit its proposed annual budget to the governing bodies of the municipalities at such time and in such form and in accordance with such procedures as the governing bodies shall prescribe. The budget as finally agreed upon by unanimous approval of the governing bodies shall constitute the budget of the Commission for the budget year, and each municipality shall appropriate and raise money for its share of said budget, as required by law. Special appropriations for capital or other special purposes may be made by the municipalities pursuant to agreement between them from time to time. (Ord. No. 2004-18 § 1) (Ord. No. 2005-17 § 3)