8/4/2019 Car Decal Bill Proposed by Ray Velazquez

1/3

City Clerk File No. Ord. 11-1173.B 1st Reading

2nd Reading & Final PassageAgenda No.Agenda No.

ORDINANCEOFJERSEY CITY, N.J.

COUNCIL AS A WHOLEoffered and moved adoption of the following ordinance:CITY ORDINANCE 11-117

TITLE: ORDINANCE AMNDING AN SUPPLEMENTING CHATER 53 (PERSONNL)ARTICLE I (CONDITIONS OF MUNICIPAL EMPLOYMENT) OF THE JERSEY CITYMUNICIPAL CODE TO ESTABLISH VACATION BENEFITS AND WORKLACEREGULATIONS AN USE OF MOTOR VEHICLE FOR EMPLOYEES WHOSE SALARYAND COMPENSATION ARE REQUIRED TO BE FIXED BY ORDINANCE REQUINGA CITY DECAL ON MOTOR VEHICLESTHE MUNCIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAIN:

WHEREAS, N.J.S.A. 40:69A-43(a) requires that the Mayor, subject to pertinent civil servceregulations and contractul obligations, and within the limits ofthe Muncipal budget, by ExecutiveOrder fix the salares and other compensation of employees assigned to all administrativedepartents; and

WHEREAS, pursuant to the FaulknerAct, NJ.S.A. 40:69A-40(f) only the Mayor has the authorityto supervse the care and custody of all muncipal propert, with the Muncipal Council havingauthority over propert assigned to them by the Mayor; andWHEREAS, N.J.S.A. 40:69A-43a, requires that the Municipal Council, by ordinance, fix thesalares and other compensation of certain employees, such as Council Members, Council Aides,Deparent Directors, Municipal Clerk and his Deputy, Tax Assessor and his Deputy, the TaxCollector, the Chief Financial Offcer, and Muncipal Cour Judges; andWHEREAS, the Council, by ordinance, has fixed the salaries of those employees withn thestatutory authority; andWHEREAS, the Council, by ordinance, has provided these employees with "other compensation"by way of ordinance including the incidental personal use of motor vehicles assigned by the Mayorto employees; andWHEREAS, the Municipal Council desires to fix "other compensations" and establish free'incidental personal use of motor vehicles assigned by the Mayor to those employees withi itsstatutory authority and requires that the City Seal and appropriate identification be affxed to saidvehicles.NOW, THEREFORE, BE IT ORDAlNED by the Muncipal Council of the City of Jersey Citythat:A. The following ameridments and supplements to Chapter 53 (Personnel) Arcle I (Conditionsof Muncipal Employment) Section 6 (Jursdiction Over Discipline) of the Jersey City MuncipalCode are adopted:

8/4/2019 Car Decal Bill Proposed by Ray Velazquez

2/3

Ordinance 11:'117 . page 2

ORDINANCE AMENDING AN SUPPLEMENTING CHAER 53 (PERSONNL) ARTICLE I (CONDITIONS OF MUNCIPALEMPLOYMNf OF TIE JERSEY CIT MUICIAL CODE TO ESABLISH VACATION BENEFITS AN WORKLACEREGULATIONS AND USE OF MOTOR VEHICLE FOR EMPLOYEES WHOSE SALARY AN COMPENSATION AR REQUffEDTO BE FIXD BY ORDINANCE REQUffING A CITY DECAL ON MOTOR VEHICLES

ARTICLE IConditions of Municipal Employment

53-6. Vacation and other compensation.A. No Change.B. No Change.C. Compensation shall include the incidenta personal use of motor vehicles assigned

by the Mayor to Employees which shall bear the City Seal and the followingidentification on each side, in letters at least three (3) inches high: .CITY OF JERSEY CITY

FOR OFFICIAL USE ONLYD. No Change.

B. All ordinances and pars of ordinances inconsistent herewith are hereby repealed.

C. This ordinance shall be a par of the Jersey City Code as though codified and fully set forttherein. The City Clerk shall have this ordinance codified and incorporated in the offcial copies ofthe Jersey City Code.D. This ordice shall tae effect at the time and in the maner as prvided by law.E. The City Clerk and the Corporation Counsel be and they are hereby authorized and directedto change any chapter numbers, aricle numbers and section numbers in the event that thecodification of this ordinance reveals that there is a confict between those numbers iid the existingcode, in order to avoid coiision and possible accidenta repealers of existing provisions.NOTE: All new material is underlined; words in (bracets) are omitted.

For puroses. of advertising only, new matter is indicated by boldfaceand repealed matter by italic.VSlhe9/21/11

;: APPROVED:corpo,gCounsel

~' APPROVED:Business Administrtor

8/4/2019 Car Decal Bill Proposed by Ray Velazquez

3/3

DATE: September 21,2011TO: President and Members of the Municpal Council. FROM: Wiliam Matsikoudis, Corporation Counsel- SUBJECT: Ordinance Placing City Seal On Motor Vehicles

. Our office has been requested by Councilperson Ray Velazquez to draft an amendment to themunicipal code requiring the placement of the city seal on vehicles that would be in accord withthe separation ,of powers between the legislative and executive branches of local governentunder the provisions of the Faulkner Act, N.J.S.A. '40:69A-32 et seq. Pursuant to the FaulknerAct, only the mayor has the authority to "supervise the care and custody of all municipal

. propert." As the cour stated inCity of Newark v. James, 183 NJ 361, 371(2005), "where onebranch of governent has been specifically vested with the authority to ct in a prescribedmaner, neither of the other branches may uSUJpthat ~uthority".Under New Jersey Statutes, the Municipal Council is required by law to set by ordinance thecompensation of certn municipal employees such as deparment directors, members of thegoverning body and their aides, municipal clerk, tax assessor, etc. (See footnote 48 to sec. 53-1of the Jersey City Municipal Code). Under Sec. 53-6 of the Jersey City Municipal Code, theMunicipal Council has defined compensation to "include the incidental use of motor vehicles."Therefore, by defining the use, of a motor vehicle as compensation the Muncipal Counc mayfurther condition this use by requiring thaHhese vehicles have the city seal placed thereon. Thiswould be within the authority of the legislative branch 'of local governent pursuant to itsauthority to set compensation by ordinariceofcertain municipal employees.The attached ordinance balances the separation of powers between the legislative branch andexecutive branch of local government by defining the "use of motor vehicles assigned by themayor" as compensation. This ordinance would require those municipal employees whosecompensation is set by ordinance to havethe city seal and appropriate identification affixed to amotor vehicle assigned to them. .