The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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by Ord. No. 98-35] & 3-48. Statutory agencies. & 3-49. Municipal Court. & 3-50. Appointment of Business Administrator; duties. & 3-51. Department officers and employees. & 3-52. Agencies subject to Open Public Meetings Act. ARTICLE VI Department of Administrative Services & 3-53. Department established. & 3-54. Division of Human Resources, Budget and Purchasing. 303
3-03 EAST BRUNSWICK CODE & 3-54.1. Special Assistant to the Mayor. [Added 1-21-97 by Ord. No. 97-1] & 3-54.2. Division of Recreation. [Added 1-21-97 by Ord. No. 97-1; amended 7-26-99 by Ord. No. 99-21; deleted 12-20-10 by Ord. No. 10-32] ARTICLE VII Department of Planning and Engineering Department on Aging & 3-55. Department of Planning and Engineering established. & 3-56. Department on Aging Established. & 3-56.1. Commission on Aging. ARTICLE VIII Department of Parks and Public Works [Amended 7-26-99 by Ord. No. 99-20] & 3-57. Department established. & 3-58. Department of Parks and Recreation. [Amended 7-26-99 by Ord. No. 99-20; 12-20-10 by Ord. No. 10-32] & 3-58.1. Fees, Charges and Conduct. [Added 7-26-99 by Ord. No. 99-20] & 3-58.2. Department of Public Works. [Added 12-20-10 by Ord. No. 10-32] & 3-59. Department of Recreation, Parks, and Community Services. [Deleted 1-21-97 by Ord. No. 97-1] & 3-59.1. Tax Assessor. ARTICLE IX Budget and Purchasing Procedures & 3-60. Budget preparation procedure. & 3-61. Budget operation. & 3-62. Awarding and execution of contracts. & 3-63. Purchase requests to go through Division of Administration; sufficiency of funds to be checked. & 3-64. Standards and tests for materials to be purchased. 304
-11 ADMINISTRATION OF GOVERNMENT & 3-65. Purchasing procedures. & 3-66. Receiving procedure. & 3-67. Financial disclosure by organizations receiving funds from township. ARTICLE X Department of Finance & 3-68. Department established; appointment of Director. & 3-68.1. Assistant Finance Director [Added 1-21-97 by Ord. No. 97-1] & 3-69. Division of Construction Inspection. [Repealed 1-21-97 by Ord. No. 97-1] & 3-70. Division of Accounts and Treasury. & 3-71. Board of Special Assessments. & 3-72. Division of Revenue. & 3-72.1. Payment of fire insurance claims restricted. & 3-72.2 Division of Code Enforcement. & 3-73. Audit, approval and payment of bills and claims. & 3-74. Certificates of search for municipal improvements. ARTICLE XI Department of Law & 3-75. Department established; appointment and qualifications of the Director; compensation. & 3-76. Powers and duties. & 3-77. Appointment of special counsel. & 3-78. Prosecutions. & 3-78.1. Municipal Public Defenders. [Added 4-8-96 by Ord. No. 95-49] & 3-79. Records and papers to be surrendered to successor. & 3-80. Compensation: retainer and nonretainer services. 305
3-00 EAST BRUNSWICK CODE ARTICLE XII Utilities & 3-81. Water Utility. & 3-82. Crystal Springs Family Aquatic Center Utility. & 3-83. Parking utility. & 3-83.1. Construction inspection utility. & 3-83.2. Sewer Utility. [Amended 6-14-10 by Ord. No. 10-11] & 3-83.3. Police Training Utility. [Added 12-28-98 by Ord. No. 98-37] ARTICLE XIII Department of Public Safety & 3-84. Department established. & 3-85. Police Divisions. & 3-86. Bureau of Fire Prevention and Bureau of Animal Control. & 3-87. Emergency Management Organization. [Deleted 1-28-02 by Ord. No. 02- 02. See & 3-42.2] & 3-88. Traffic Advisory Board. & 3-88.1. Special Law Enforcement Officers. ARTICLE XIV Department of Health and Welfare & 3-89. Department established. & 3-90. Division of Health. & 3-91. Advisory Health Council. & 3-92. Division of Welfare. & 3-93. Local Assistance Board. & 3-94. Environmental Commission. & 3-95. Powers of Director relative to food establishments. 306
10-10 ADMINISTRATION OF GOVERNMENT ARTICLE XV Regulations Applicable to Officers and Employees & 3-96. Compensation of Mayor and Council. & 3-97. Filling of vacancies in the positions of department head or division head. & 3-98. Surety bonds. & 3-99. [Repealed 3-25-91 by Ord. No. 91-29] & 3-100. [Repealed 3-25-91 by Ord. No. 91-29] & 3-101. Code of Ethics. [Renamed and amended 3-25-91 by Ord. No. 91-29] & 3-102. [Repealed 3-25-91 by Ord. No. 91-29] & 3-103. [Repealed 3-25-91 by Ord. No. 91-29] & 3-104. [Repealed 3-25-91 by Ord. No. 91-29] & 3-105. [Repealed 3-25-91 by Ord. No. 91-29] & 3-106. Maintenance of public records; availability to the public. & 3-107. Delivery of funds and records upon leaving office. ARTICLE XVI Delegation of Powers & 3-108. Delegation of powers authorized. ARTICLE XVII Hearings and Appeals & 3-109. Scope of Article. & 3-110. Hearing authority designated. & 3-111. Notice of hearing; subpoena power. & 3-112. Notice of hearings on appeals. & 3-113. Hearing procedure. 307
3-00 EAST BRUNSWICK CODE ARTICLE XVIII Fees for Services and Copies of Documents & 3-114. Schedule of fees for copies of documents. & 3-114.1. Copy of Police Accident Reports. & 3-114.2. Breathalyzer ampoules. & 3-114.3. Tapes of Township Proceedings. & 3-115. Copying by person requesting documents permitted. & 3-116. Copies of topographic map. & 3-117. Schedule of fees for police services. & 3-117.1 Fees for services and reimbursement of costs - HazMat. & 3-118. Disposition of fees. & 3-118.1. Schedule of Fees for Mayor Services. [Added 4-16-07 by Ord. No. 07- 15] ARTICLE XIX Township Seal & 3-119. Official Seal established. & 3-120. Clerk designated as custodian. & 3-121. Use of seal. ARTICLE XX Protection For Township Officials & 3-122. Protection for Township Officials. & 3-123. Exempt Firemen. [Added 2-24-97 by Ord. No. 97-6] [HISTORY: Adopted by the Township Council of the Township of East Brunswick 1-26-65 as Ord. No. 65-1 and as Ch. II of the Revised General Ordinances. Sections 3-49B, 3-54B, 3-56D, 3-56G, 3-57D, 3-95, 3-113B and 3-113C amended at tim e of adoption of Code; see Ch. 1, General Provisions, Art. I. Other am endm ents noted where applicable.] GENERAL REFERENCES Election districts - See Ch. 12. Salaries and compensation - See Ch. 35. States of emergency - See Ch. 93. Health Department licenses - See Ch. 121. Land use procedures - See Ch. 132. Licenses - See Ch. 135. 308
9-07 & 3-1 ADMINISTRATION OF GOVERNMENT & 3-4 ARTICLE I Title and Definitions & 3-1. Title. This chapter shall be known and may be cited as the "Administrative Code" and is herein referred to as the "code."
As used in this chapter, except as the context may otherwise require, the following terms shall have the meanings indicated:
or any assistant or acting administrator serving in place of the Business Administrator pursuant to the charter or ordinance.
40:69A-1 et seq.), as amended and supplemented, and any and all statutory provisions of the State of New Jersey applicable to the municipality.
designated by this chapter as a "department" and any agency or instrumentality of the government not allocated or assigned to such an organizational unit.
Jersey.
ARTICLE II Township Council: Powers and Procedures & 3-3. Council designated to exercise legislative powers. The legislative power of the municipality shall be exercised by the Council. & 3-4. Regular meetings. [Amended 2-23-65 by Ord. No. 65-1-A; 12-28-70 by Ord. No. 70-1-N; 5-29-73 by Ord. No. 73-1-V; 11-26-73 by Ord. No 73-1-V; 3-22-76 by Ord No. 76-1-OO; 9-14-81 by Ord. No. 81-393; 9-28-87 by Ord. No. 87-868] A biannual meeting of the Council shall be held on a date set by resolution, said meeting to be during the first week in January, and the date shall be published at least three (3) days prior to the meeting following each municipal election at the East Brunswick Public Library. In addition to consideration of all appropriate re-organizational matters, the annual meeting shall in all other respects be deemed to be a public action meeting of the Council. This meeting shall be in addition to further public action meetings provided by this subsection. Public action meetings of the Council 309
7-96 & 3-4 EAST BRUNSWICK CODE & 3-5 shall be held on the second and fourth Mondays of each month at 8:00 p.m. at the place of meeting provided in & 3-6, provided that when any such day falls upon a legal holiday, the meeting shall be held at the same hour on the next succeeding day that is not a legal holiday. Should the Council determine that it is impractical or inconvenient to hold the meeting on the next succeeding day that is not a legal holiday, the Council may provide by resolution that the meeting may be held at the same hour on the day after the next succeeding day that is not a legal holiday.
A. The Mayor or the President of the Council may, and upon written request of the majority of the members of the Council shall, call a special meeting of the Council. The request and call for such special meeting shall specify the purpose of the meeting, and no other business shall be transacted at the meeting. The call for a special meeting shall be filed with the Township Clerk at least forty-eight (48) hours before the time for which the meeting is called, and the Clerk shall forthwith give notice thereof by telephone or telegraph to each Councilman at such place as the latter shall have previously designated for that purpose, and, failing to reach the Councilman by such method, the Clerk shall serve or cause to be served a written copy of the call upon each Councilman by giving a copy to him personally or by leaving a copy at his usual place of abode. The Clerk shall also forthwith release copies of the call to at least two (2) newspapers, one (1) of which shall be the officially designated newspaper or newspapers, and post at least one (1) copy of the call in a prominent place in the Municipal Building. Upon the affirmative vote of at least four (4) members of the Council, the Council may hold a meeting, notwithstanding the failure to provide adequate notice, if: (1) Such meeting is required in order to deal with matters of such urgency and importance that a delay for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest. (2) The meeting is lim ited to discussion of and acting with respect to such matters of urgency and importance. (3) Notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place described herein and also by notifying the two (2) newspapers referred to herein. (4) Either the Council could not reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided; or, although the Council could reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided, it nevertheless failed to do so. (5) This hereby creates a Quality Circle Advisory Committee whose purpose is to work toward increased productivity and improved budget efficiencies by having meetings with official representatives of the collective bargaining groups, administration and at least two members of the Municipal Council. 310 7-96
& 3-5 ADMINISTRATION OF GOVERNMENT & 3-6 B. At the commencement of every meeting of the Council, the presiding officer shall announce publicly, and shall cause to be entered in the minutes of the meeting, an accurate statement to the effect that: (1) Adequate notice of the meeting has been provided, specifying the time, place and manner in which such notice was provided; or (2)
Adequate notice was not provided, in which case such announcement shall state: (a)
The nature of the urgency and importance referred to herein and the nature of the substantial harm to the public interest likely to result from a delay in the holding of the meeting. (b)
That the meeting will be lim ited to discussion of and acting with respect to such matters of urgency and importance. (c) The time, place and manner in which notice of the meeting was provided. (d) Either the need for such meeting could not reasonably have been foreseen at a time when adequate notice could have been provided, in which event such announcement shall specify the reason why such need could not reasonably have been foreseen; or that such need could reasonably have been foreseen at a time when adequate notice could have been provided, but such notice was not provided, in which event the announcement shall specify the reason why adequate notice was not provided. & 3-6. Place of meetings. [Amended 2-23-65 by Ord. No. 65-1-A; 4-25-66 by Ord. No. 66-1-A; 6-27-66 by Ord. No. 66-1-C; 6-28-71 by Ord. No. 71-1-P; 9-27-76 by Ord. No. 76-1-TT; 2-14-77 by Ord. No. 77-1-WW; 5-23-77 by Ord. No. 77-1-FFF] All public meetings of the Council, both agenda meetings and action meetings, shall be held at the East Brunswick Municipal Building, 1 Jean W alling Civic Center, East Brunswick, New Jersey, except that for special reasons or in case of an emergency making it impractical to conduct the business of the Council at the Municipal Building, the Council, upon such reasonable public notice as the circumstances permit, may meet in or adjourn a meeting to any other public building. 311 12-87
& 3-7 ADMINISTRATION OF GOVERNMENT & 3-7 & 3-7. Meetings open to the public; exceptions; [Amended 3-25-74 by Ord. No. 74-1-DD; 12-8-75 by Ord No. 75-1-FF] A. Public meetings. All meetings of the Council shall be open to the public. The Council may, however, exclude the public from that portion of a meeting at which it discusses: (1)
Any matter which by express provisions of federal law or state statute or rule of court shall be rendered confidential. (2) Any matter in which the release of information would impair a right to receive funds from the United States. (3)
Any material the disclosure of which constitutes an unwarranted invasion of individual privacy as defined in the Open Public Meetings Act. 1 (4)
Any collective-bargaining agreement, including the negotiation of the terms and conditions thereof, with employees or representatives of employees of the Township of East Brunswick. (5)
Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed. (6)
Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection and any investigations of violations or possible violations of the law. (7)
Any pending or anticipated litigation or contract negotiation in which the township may become a party and any matters falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise his or her ethical duties as a lawyer. (8) Any matter involving employment, evaluation of the performance of, promotion or disciplining of any current or prospective public employee or officer, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting. (9)
Any deliberation after a public hearing that may result in the imposition of a specific civil penalty or the suspension or loss of a license or permit. B. Public agenda meetings. In public agenda meetings, the public will be permitted to participate in the proceedings, at the discretion of the Chair. Such a meeting shall be held preceding each regular m eeting at the Municipal Building for the purpose of reviewing the agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council shall be delivered to the Clerk at a reasonable time in advance of a public agenda conference meeting, whereupon the Clerk shall, as far in advance of such meeting as circumstances will permit, furnish a copy thereof to each member of the Council, the Mayor, the Business Administrator and the Township Attorney. [Amended 3-22-76 by Ord. No. 76-1-OO; 3-23-87 by Ord. No. 87-827] 311.1 6-87
& 3-7 EAST BRUNSWICK CODE & 3-9 Editor's Note: See N.J.R.S. 10:4-6 et seq. 1
C. Procedure. The Council shall not exclude the public from any meeting to discuss any matter described in this section until the Council shall first adopt a resolution, at a meeting to which the public shall be admitted, stating the general nature of the subject to be discussed and stating, as precisely as possible, the tim e when and the circumstances under which the discussion conducted in closed session can be disclosed to the public. D. Notice of meetings. All municipal agencies required to comply with the Open Public Meetings Act of 1975 (Sunshine Laws), as set forth in & 3-52, shall furnish the Township 2 Clerk with an annual schedule, or any revision thereof, of regular meetings to be held during the year and shall furnish the Township Clerk with notice of the time, date, location and, to the extent known, the agenda, at least forty-eight (48) hours in advance of any meeting not referred to in the annual schedule or revision. The Clerk shall post all such schedules and notices in the main lobby of the Municipal Building, shall provide notice to the newspapers, shall maintain a copy in his office and shall certify to the foregoing in writing. The Clerk's written certification shall be delivered to the presiding officer of the municipal agency, who shall state at a public meeting that adequate notice of the meeting has been given. Any person may request the Clerk to mail him copies of any regular meeting schedule or revision and any advance written notice of any regular, special or rescheduled meeting of a municipal agency upon payment of a fee of twenty-five dollars ($25.) which will entitle such person to receive notice until December 31 of the year in question. The payment of twenty-five dollars ($25.) shall cover all municipal agencies or any lesser number referred to in & 3-52. [Added 2-9-76 by Ord. No. 76-1-MM]
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