The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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by Ord. No. 98-35]

DEFINITIONS

A.

Candidate - Any individual seeking election to a public office of the federal government,

state, county, municipality, school district or political organization at an election.

B. Contribution - Includes all loans and transfers of money or other thing of value to or by

any candidate, elected official or political organization and all pledges or other commitments or

assumptions of liability to make any such transfer. Contributions shall be deemed to have been made

upon the date when such commitment is made or liability assumed.

C. Political Organization - Means any two or more persons acting jointly, or any

corporation, partnership or any other incorporated or unincorporated association which is organized

to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for

federal, state, county, municipal or school board office. “Political Organization” includes, but is not

limited to, organizations otherwise defined as “political committee”, “joint candidates committee”, and

“legislative leadership committee”.

D. Municipality - This municipality and any officer, department, board, commission or

agency thereof.

E.

Municipal official, em ployee and appointee - Any person holding elective municipal

office or holding an appointed position in the municipal government, or in any agency, commission,

board or office thereof, whether the position is full time or part time, compensated or uncompensated;

and any employee of municipal government or in any agency, commission, board or office thereof,

whether the position is full time or part time.

F.

Solicit - To seek by oral or written communication a Contribution as same is defined

herein.

G. Property of the Municipality - Buildings, land, vehicles, phones, fax m achines,

computers or other office equipment or supplies and other real or personal property owned, leased

or controlled by the municipality, except for public roads and open park land and public recreational

facilities regularly made available for public use.

(Continued on page 325.1)

325

4-99

& 3-47.2

EAST BRUNSWICK CODE

& 3-47.2

GENERAL REGULATIONS

Prohibition Against Soliciting or Accepting Political Contributions on Public Property.

No municipal official, employee or appointee may solicit, commit to pay, or receive

payment of or a commitment to pay any contribution for any candidate, elected official or political

organization while in or on the Property of the Municipality or utilizing the Property of the Municipality.

Prohibited Forms of Fundraising

Prohibited forms of fundraising shall include but are not limited to:

Soliciting or accepting contributions using municipal telephones, fax machines

or computers.

Soliciting or accepting contributions using personal telephones while on the

Property of the Municipality. This prohibition shall not include the use of private

cellular telephones in private automobiles which are parked or traveling on

municipal property.

Soliciting or accepting contribution through the use of publicly-owned computers

or privately-owned personal computers while on the Property of the Municipality.

Using municipal letterhead to solicit or accept contributions.

Sending correspondence which solicits contributions. This prohibition shall not

apply to the depositing of United States Mail in United States Postal boxes which

are located on municipal property.

Face-to-face soliciting of an individual or an owner or representative of a

business entity while on the Property of the Municipality.

Use of automobiles owned or leased by the municipality to accept or solicit

contributions.

C. Reporting Requirements. It shall be the responsibility of any employee, appointed, or

elected official who observes any prohibited forms of fundraising to report such conduct to the

municipal ethics board, if one exists, or in the alternative, to the municipal prosecutor and the

municipal clerk who shall report same to the governing body.

D. W histleblower Provision. It shall be unlawful for any employee, elected official or

appointee to be dismissed, reprimanded, retaliated against or otherwise intimidated for complying with

the reporting requirements mandated by this Ordinance.

Violation. Violation of any provision of this Ordinance shall be punished by a period of

community service not exceeding 90 days or imprisonment in the county jail for a term not exceeding

90 days or a fine not exceeding $1,000.00.

325.1

4-99

& 3-48

ADMINISTRATION OF GOVERNMENT

& 3-48

& 3-48.

Statutory agencies. [Amended 4-26-82 by Ord. No. 82-453; 9-27-10 by

6

Ord. No. 10-22]

In addition to the departments and positions provided for in & 3-47, there shall be the following

statutory agencies which are not assigned to any department:

Free Public Library. Pursuant to the provisions of N.J.R.S. 40:54-1 et seq. the Free Public

Library shall be governed by a Board of Trustees which shall consist of nine (9) members,

one (1) of whom shall be the Mayor, one (1) of whom shall be the Superintendent of School

and seven (7) citizens to be appointed by the Mayor, at least six (6) of whom shall be

residents of the municipality. The initial terms of the five (5) citizens shall be for terms of one

(1), two (2), three (3), four (4) and five (5) years respectively, as they may be selected by the

Mayor, except that the sixth and seventh members shall have terms of five (5) years each.

Upon the expiration of the term of office of any of the citizen Trustees, the Mayor shall appoint

a citizen for a term of five (5) years in the same manner as the original appointment was

made. Vacancies occurring in the Board of Trustees shall be filled for the unexpired term

only. [Amended 6-27-66 by Ord. No. 66-1-C; 6-12-89 by Ord. No. 89-32]

325.2

-10

& 3-49

EAST BRUNSWICK CODE

& 3-49

Editor's Note: This section also contained provisions establishing the Planning Board and Zoning

Board of Adjustment as they were amended 1-22-68 by Ord. No. 67-1-E; 12-9-68 by Ord. No. 68-1-F; 9-

28-70 by Ord. No. 70-1-K; 11-26-73 by Ord. No. 73-1-Z; 12-26-73 by Ord. No. 73-1-BB; 6-27-77 by Ord.

No. 77-1-HH. These provisions were deemed superseded by Ord. No. 76-174-B which provided that the

Planning Board would be established as part of the Division of Development Services within the

Department of Administrative Services and that the Zoning Board of Adjustment would be established as

part of the Division of Code Management Services within the Department of Administrative Services.

Accordingly, the provisions on the Planning Board as amended, are now & 132-4, and the provisions on

the Zoning Board of Adjustment, as amended are now & 132-16.

& 3-49.

Municipal Court. [Amended 4-23-73 by Ord. No. 73-1-U; 7-8-91 by Ord.

No. 91-80; 1-21-97 by Ord. No. 97-1; 10-5-09 by Ord. No. 09-23]

Powers. There shall be a Municipal Court in the township pursuant to the provisions of

N.J.R.S. 2A:8-1, as amended and supplemented to be known as the "Municipal Court of

East Brunswick Township, Middlesex County." The Municipal Court shall have a seal

which shall bear the impress of the name of the Court. The Court shall be held in the

East Brunswick Civic Center, 575 Ryders Lane, or such other place as the Council shall

designate from time to time by resolution, and shall exercise all of the functions, powers,

duties and jurisdictions conferred upon municipal courts by the provisions of N.J.R.S.

2A:8-1, as amended and supplemented, or any other law.

Municipal Judge. [Amended 1-21-97 by Ord. No. 97-1; 10-5-09 by Ord. No. 09-23]

(1) There shall be a Municipal Judge, and where necessary a second Municipal Judge,

of the Municipal Court, appointed by the Mayor with the advice and consent of the

Council, who shall serve for a term of three years from the date of appointment and

until a successor shall be qualified and appointed.

(2) If necessary, a third special Municipal Judge of the Municipal Court may be

appointed by the Mayor with the advice and consent of the Council, who shall serve

for a term of three years from the date of appointment and until a successor shall be

qualified and appointed. [Amended 10-5-09 by Ord. No. 09-23]

(3) The Municipal Judges shall have the functions, duties, powers and jurisdictions

conferred by the Laws of the State of New Jersey (N.J.R.S. 2A:8-1 et seq.) or by

general law or ordinance.

C. Municipal Court Administrator. [Amended 7-8-91 by Ord. No. 91-80]

(1) There shall be an Administrator of the Municipal Court and, where necessary, Deputy

Clerks, appointed by the Council. The Municipal Court Administrator shall serve for

a term of two (2) years from the date of his appointment and until his successor is

appointed and qualified. The Term of each Deputy Court Clerk shall be set by the

resolution appointing him but shall not exceed two (2) years.

(2) The duties of the Municipal Court Administrator and Deputy Clerks shall include, but

shall not be limited to:

(a) Carrying out the rules, regulations, policies and procedures relating to the

operation of the Court.

(b) Interviewing and speaking to prospective complainants, receiving complaints and

dispensing information relating to Court matters.

(d) Attending Court, taking minutes of the trials and entering them in the docket;

arranging trial calendars; signing Court documents; and preparing and issuing

warrants and commitments.

326

12-09

& 3-49

ADMINISTRATION OF GOVERNMENT

& 3-51

Editor's Note: Amended at time of adoption of Code; see CH. 1, General Provisions, Art. I.

(e)

Taking and preparing bail bonds, making inquiry as to their sufficiency and

equity; and receiving and accounting for fines and costs.

(f)

Interviewing persons on informal police Court matters to determine if there

is a basis for formal action and, if necessary, issuing summonses requiring

Court appearances in this regard; and maintaining and classifying records

and files.

(3) Before entering upon the duties of his office, each Municipal Court Administrator and

Deputy Clerk shall enter into bond as required by law.

& 3-50.

Appointment of Business Administrator; duties.

A Business Administrator, with such qualifications as are provided by the charter, shall be

appointed by the Mayor with the advice and consent of the Council. He shall serve during the term

of office of the Mayor appointing him and until the appointment and qualification of his successor. The

Mayor may, in his discretion, remove any Business Administrator after notice and an opportunity to

be heard. Prior to removing a Business Administrator, the Mayor shall first file written notice of his

intention with the Council, and such removal shall become effective on the 20th day after the filing of

such notice unless the Council shall, prior thereto, have adopted a resolution by a two-thirds vote of

the whole number of the Council disapproving the removal. Under the direction and supervision of

the Mayor, the Administrator shall:

Serve as chief of staff to the Mayor.

Supervise the management, planning and operations of all departments, provided that such

supervision shall not extend to the exercise of the control function in the management of the

finances of the municipality, which shall be exercised by the Director of the Department of

Finance.

C. Prescribe and enforce rules and regulations for the efficient management of the municipal

government not inconsistent with the charter and Code.

D. Coordinate the operation and administration of the various departments, divisions, officers

and agencies of the municipal government.

Maintain a continuing review and analysis of budget operations, work programs and costs of

municipal services.

Perform such other duties as the Code may require or as the Council may otherwise

prescribe.

G. Assign and transfer employees temporarily from one department to another as efficient

administration may require.

& 3-51.

Department officers and employees.

Each department shall have such officers and employees with such compensation and

employment rights as shall be authorized by the charter, Code or other ordinance.

327

3-92

& 3-52

EAST BRUNSWICK CODE

& 3-54

& 3-52.

Agencies subject to Open Public Meetings Act. [Added 12-8-75 by Ord.

No. 75-1-HH; 9-27-10 by Ord. No. 10-22]

The following municipal agencies are affected by the Open Public Meetings Act, Chapter 231

of the Public Laws of 1975 and, as such, are subject to all sections of this chapter which govern

public meetings, agenda meetings procedure, special meetings and related matters, including && 3-5

and 3-7, as revised:

A. Township Council.

B. Zoning Board of Adjustment.

C. Planning Board.

D. Sewerage Authority. [Deleted 9-27-10 by Ord. No. 10-22]

E. Library Board.

F. Rent Leveling Board.

G. Municipal Youth Guidance Council.

H. Environmental Commission.

I. Commission on Aging.

ARTICLE VI

Department of Administrative Services

& 3-53.

Department established. [Amended 6-28-76 by Ord. No. 76-174-B]

There shall be a Department of Administrative Services, the head of which shall be the

Administrator. He may designate the head of one of the divisions of the department or another

department director as Assistant Adm inistrator to have such other functions, powers and duties as

may be assigned by the Administrator.

& 3-54.

Division of Human Resources, Budget and Purchasing. [Amended

4-14-75 by Ord. No. 75-1-CC; 2-9-76 by Ord. No. 76-1-NN; 6-28-76 by

Ord. No 76-174-B; 1-21-97 by Ord. No. 97-1 ; 1-26-09 by Ord. No. 09-01]

9

W ithin the Department of Administrative Services there shall be a Division of Hum an

Resources, Budget and Purchasing, to be administered under the direction of the

Business Administrator, the Division shall:

(Continued on page 329)

328

-10

& 3-54

ADMINISTRATION OF GOVERNMENT

& 3-54.1

Editor's Note: See N.J.R.S. 10:4-6 et seq.

Editor's Note: This ordinance provided for the repeal of the former & 3-54, "Division of Central

Services".

(1) Prepare bid specifications for all Departments.

(2) Develop and administer the municipality's personnel program, including up-to-date job

classifications and pay plans, active recruitment of needed personnel, in-service training

programs and a com plete system of personnel records of municipal officers and

employees.

(3) Coordinate the processes of appointment and removal of municipal employees within the

various departments and, to this end, review and approve proposed appointments and

discharge of personnel prior to any such action by any department to ensure compliance

with the provisions of the personnel policies of the township.

(4) Prescribe and install uniform forms and procedures for budget preparation by all

departments.

(5) Assist the Administrator and the Mayor in the review and analysis of budget requests and

in the preparation of the budget document.

(6) Maintain a continuing review and analysis of budget operations, work programs and costs

of municipal services.

(7) Purchase all materials, supplies and equipment, work and labor required by any

departm ent, office or agency of the township. All purchases made and contracts

awarded for any supplies, materials or equipment or contractual services shall be

pursuant to Article IX of this chapter. [Amended 2-25-80 by Ord. No. 80-219].

& 3-54.1. Special Assistant to the Mayor. [Added 1-27-97 by Ord. No. 97-1]

DELETED 1-26-09 BY ORDINANCE NO. 09-01

329

12-09

& 3-54.2

EAST BRUNSWICK CODE

& 3-54.2

& 3-54.2

Division of Recreation. [Added 1-21-97 by Ord. No. 97-1 ; amended 2-9-98

10

by Ord. No. 98-4; 11-9-98 by Ord. No. 98-28; 7-26-99 by Ord. No. 99-21

11

(See & 3-59 for listing of other ordinances); 6-26-00 by Ord. No. 00-4; 12-

22-08 by Ord. No. 08-23]

DELETED 12-20-10 BY ORD. NO. 10-32

330

-11

Editor’s Note: This ordinance deleted & 3-59, Department of Recreation, Parks & Community

Services and incorporated it into new & 3-54.2, Divisions of Recreation and Parks.

Editor’s Note: See Department of Parks and Public W orks, Article VIII.

& 3-55

ADMINISTRATION OF GOVERNMENT

& 3-55

ARTICLE VII

Department of Planning and Engineering

Department on Aging

[Added 8-14-78 by Ord. No. 78-49 ; amended 4-24-89 by Ord. No. 89-12; 8-29-90 by

12

Ord. No. 90-45; 1-25-93 by Ord. No. 93-2; 3-8-93 by Ord. No. 93-10; 1-21-97 by Ord. No.

97-1; 2-9-98 by Ord. No. 98-4; 11-9-98 by Ord. No. 98-28; 4-26-99 by Ord. No. 99-19]

& 3-55.

Department of Planning and Engineering established. [Amended 2-9-

98 by Ord. No. 98-4; 4-26-99 by Ord. No. 99-19]

There shall be a Department of Planning and Engineering, the head of which shall be the Director

of Planning and Engineering, hereafter referred to as the Planning Director. The Department shall

include such officers and employees as shall be required to fulfill its responsibilities set forth in the

following sections.

Under the direction and supervision of the Planning Director, the Department shall be

responsible for the conduct of all long-range planning activity. As part of these

responsibilities, the Department shall:

(1)

Advise and assist the Mayor, Council and the Planning Board in all long-range

planning and management matters relating to the public and private development of

the municipality.

(2)

Study the operation and effect of land use controls and their administration within the

municipality and report thereon to the Planning Board, the Mayor and the Council.

(3)

Conduct continuous studies and collect statistical and other data to serve as the

basis for planning recommendations.

(4)

Conduct studies and prepare materials for the M aster Plan or general plans for

development of the municipality and their implementation.

(5)

Prepare, evaluate and present to the Mayor, Council and Planning Board plans for

redevelopment and renewal of the municipality.

(6)

Coordinate the long-range planning activity of all municipal agencies.

331

7-99

Editor's Note: This ordinance provided for the addition of Art. VII, Department of Planning and

Community Development, and the repeal of former && 3-55, Planning Management Agency, as amended,

and 3-56, Division of Development Services, as amended. The ordinance further provided for the

renumbering of Arts. VII through XVII to become IX through XIX, respectively.

& 3-55

EAST BRUNSWICK CODE

& 3-55

Under the direction and supervision of the Planning Director, the Project Planner shall be

responsible for the oversight of all development review within the township, to ensure that all

plans comply with the procedures and specifications set forth in Chapter 132 of the Code,

Land Use Procedures, Chapter 192, Subdivision of Land, Chapter 228, Zoning, of the Code

and such other sections of the Code or charter that may pertain to development review. As

part of these responsibilities, the Department shall:

(1) Review, coordinate and evaluate with other agencies proposed site plan and subdivision

plats and variance applications for conformity with municipal ordinances and to advise

the Planning Board and Zoning Board on all such matters.

(2) Maintain files and records on all maps, site plans, variances, subdivisions and other

planning data.

(3) Provide a secretariat and such staff assistance as the Planning Board, Zoning Board and

the Historic Preservation Commission may require in the performance of their functions.

C. Under the direction and supervision of the Planning Director, the Department shall administer

all applications for aid from county, state, federal or other sources.

D. Under the direction and supervision of the Planning Director, the Department shall develop

and administer programs and activities for the rehabilitation of housing and the conservation

of neighborhoods.

Planning Board. There shall be a Planning Board as established in Chapter 132, Land Use

Procedures. There is hereby established the position of Attorney to the Planning Board. The

Attorney shall be appointed by the Planning Board at the first regular meeting of the Planning

Board after January 1 of each year. The term of the Attorney shall be for a period of one (1)

year or until the appointment and qualification of his successor. The compensation to be paid

to the Attorney shall be established by the Township Council in the annual municipal budget.

The Attorney shall be paid an annual retainer covering the following services: attendance at

two (2) meetings per month of the Planning Board; conferences with members of the

Planning Board, administrative staff, consultants and other professionals; legal advice to the

Planning Board and administrative staff; drafting of resolutions and administrative functions

required for preparation and implementation of the budget. The Attorney shall be reasonably

compensated on a voucher basis for the nonretainer services and for all out-of-pocket

expenses incurred by him or her in connection with the performance of those services;

litigation; legal research, conferences and other work related to litigations; drafting of

ordinances; and attendance and preparation for attendance at all meetings in excess of

twenty-four (24) in any calendar year.

Division of Citizen and Consumer Services. [Added 4-24-89 by Ord. No. 89-12]

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