Fire Department — See Ch. 20.
Attendance at meetings — See Ch. 40.
Officers and employees — See Ch. 49.
Police Department — See Ch. 57.
Joint purchasing — See Ch. 61.
Salaries and compensation — See Ch. 72.
Wards and election districts — See Ch. 90.
§ 2-2Word usage.
§ 2-5Elected officials.
§ 2-6Town Clerk.
§ 2-7Board of Aldermen.
§ 2-8Town Administrator.
§ 2-9Standing committees.
§ 2-10Bills, claims and vouchers.
§ 2-12Town Attorney.
§ 2-13Municipal Prosecutor.
§ 2-14Chief Financial Officer.
§ 2-16Tax Collector.
§ 2-17Tax Assessor.
§ 2-18Town Auditor.
§ 2-19Public Works Department.
§ 2-20Municipal Court.
§ 2-21Defense and indemnification of
§ 2-22Municipal Public Defender.
§ 2-23Department of Code Enforcement.
For the purpose of this chapter and in the interpretation and application of all other ordinances and resolutions heretofore or hereafter adopted by the Town, except as the context may otherwise require, the following terms shall have the meanings indicated:
- ACTING APPOINTMENT
- One to whom there has been a delegation of the department head or authority during the absence of another due to emergency, medical, professional or other scheduled or unscheduled leave of absence. An acting appointee shall be so designated when it is contemplated that the department head or employee whose position he is filling shall be returning to his/her position.
- The Business Administrator of the Town of Dover.
- CHARTER OR TOWN CHARTER
- Mayor-Council Plan as amended and supplemented in N.J.S.A. 40A:62-1 et seq., and any and all general laws as therein defined which are or may be applicable to the Town form of government.
- CLERK OR TOWN CLERK
- The Municipal Clerk of the Town of Dover.
- The Administrative Code, 1995, and all amendments and supplements thereto.
- BOARD OF ALDERMEN
- The members of the Town's Board of Aldermen constituted pursuant to the Charter and formerly known as the "Board of Aldermen."
- An organization unit or group of organizational units of the Town government or designated as a department by this chapter.
- The individual placed in charge of a department's activities pursuant to the Charter.
- The Mayor and Board of Aldermen shall be elected at a November general election.
- GOVERNING BODY
- The Board of Aldermen created and constituted pursuant to the Charter.
- INTERIM APPOINTEE
- One who has been appointed to fill a vacancy while a search is being conducted to fill a permanent position. Such interim appointment may not exceed 60 days, unless extended by Board of Aldermen pursuant to applicable ordinance.
- The individual serving as chief executive officer of the Town pursuant to the Charter.
- A calendar month unless otherwise specifically provided.
- Any corporation, firm, partnership, association, organization or other entity, as well as individual.
- The Town of Dover, in the County of Morris, State of New Jersey as governed by the provisions of the Charter.
- A calendar year unless otherwise specifically provided.
For the purposes of the Administrative Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural, and the plural the singular.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded.
"Writing" or "written" include printing, typewriting, stencil duplicating, computer printout, magnetic media and any other visual mode of reproducing words or figures on paper-like material which is in general use.
All appointments and promotions in the civil service of the Town shall be made by the Administrator or appointing authority according to any pertinent civil service requirements, pertinent contractual obligations and within the general limits of the municipal budget.
The compensation of all officers and employees shall be in such amount and at such rates as shall be prescribed by the position classification and pay plan adopted by the Board of Aldermen.
The days and hours of work of individual employees shall be assigned and scheduled by the respective department heads, subject to the approval of the Administrator, so that Town business may be conducted without interruption and Town services shall be provided as conditions may require during the regular business hours of the Town government and during such emergencies as may arise.
Personnel policy and practices. The Administrator shall be the responsible person for the preparation and administration of a system of personnel policy and practices, subject to the approval of the Board of Aldermen. Such policy and practices shall cover all personnel matters not inconsistent with the Civil Service Law and Regulation, including, without limitation thereto, classification, compensation, vacations, sick leave, holidays, grievances, in service training and such other practices and procedures as the Administrator may deem necessary or desirable to the administration of a sound personnel system. Such policy and practice shall be adopted by the Board of Aldermen in the form of a resolution.
Office hours. The normal office hours for the transaction of municipal business shall be from 8:30 a.m. to 4:30 p.m., Monday through Friday of each week, except on legal holidays, and such additional hours as the Board of Aldermen may by resolution require with respect to particular departments or divisions.
Antidiscrimination. In addition to the requirements of the Civil Service Law and Regulations, in the appointment and promotion of any officer or employee who is compensated by Town funds, no political, racial, religious or ethnic test or qualifications shall be permitted or given consideration nor shall handicapped persons be in any way discriminated against.
Political activity. No municipal officer or employee shall directly or indirectly use or seek to use his authority or official influence to control or modify the political action of another person; nor shall any paid officer or employee, during the hours of duty, engage in any political activity, with respect to any candidate for elective office therein. Nothing in this section shall be construed to prevent an elected officer from campaigning at any time.
Dual appointments. The Administrator may appoint the same person to serve as head of two or more committee departments, and a department head may also be appointed by the Administrator to serve as head of a division within his department. The Administrator may appoint a division head to serve as the head of two or more divisions or as Purchasing Agent, so long as the functions, powers and duties of such appointments are not inconsistent with the approval of the Board of Aldermen.
Vacancies/acting capacity. In the event of the temporary absence or disability of any administrative officer or employee or in the event of a vacancy in any office, the Administrator may designate a qualified person to serve in such office temporarily in an acting capacity, and any such appointee shall have all the functions, powers and duties of an incumbent until such absence or disability terminates.
Delivery of funds and records.
Upon the termination of the term of office or the employment of any officer or employee, he shall forthwith deliver to his successor or, if there be no successor, then to the Clerk or other person who may be designated by the Board of Aldermen to receive the same all moneys, papers, books, memoranda, accounts and data of any nature whatsoever pertaining to his office. Upon receipt, the successor, the Clerk or person designated by the Board of Aldermen shall schedule an audit regarding said delivery of funds and records.
Upon termination of employment of any officer or employee, an exit interview is to be conducted by the department head and/or Administrator.
Nondisclosure of information. No municipal official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the Town, nor shall he use such information to advance the financial or other private interest of himself or others. The Board of Aldermen may, from time to time, determine by resolution what shall be deemed confidential for the purposes of this section in accordance with N.J.S.A. 10:4-6 to N.J.S.A. 10:4-21.
Interim appointments. Whenever a vacancy (other than a scheduled or unscheduled leave of absence) exists in any office required by the Charter or an ordinance to be filled by the Administrator with the advice and consent of the Board of Aldermen, and there is no holdover incumbent, the Administrator may temporarily fill such vacancy (in the absence of any contrary provision in the Charter or ordinance) by appointing an interim officer, including the designation of himself as an interim department head. He shall not fill said vacancy in the Department of Administration or Finance. Such appointee shall have all of the functions, powers and duties of the office until it shall be filled permanently. Any such appointment shall terminate not later than 30 days after the date of appointment, unless the Board of Aldermen shall by resolution authorize one or more extensions of such period.
The Mayor shall be the chief executive of the Town. The Mayor shall prepare the Agenda and shall preside over the deliberations of the Board of Aldermen. He shall also participate in the determination of the Town affairs to the extent permitted by law.
The Mayor shall on all occasions preserve the strictest order and decorum, and he shall cause the removal of any persons who interrupt the orderly proceedings of the Board of Aldermen.
When two or more Board of Aldermen members shall rise at the same time, the Mayor shall name the one entitled to the floor.
The Mayor shall decide all questions of order without debate, subject to the Board of Aldermen, and may call upon the Board of Aldermen, for the opinion of the Board of Aldermen upon any questions of order.
The Mayor shall be a member of all committees, both standing and special, and shall be informed in advance of all meetings of such committees.
The Mayor shall serve as the liaison between the governing body and all boards, committees, agencies or organizations except as herein assigned to a specific committee for liaison purposes.
The Mayor shall be so designated in all official documents and instruments of every kind and shall sign all ordinances, documents, bond notes, contracts and other special documents and instruments by that title.
Enumerated. The elected officers of the Town of Dover shall be a Mayor and Board of Aldermen consisting of eight Aldermen all elected by wards. The Mayor shall be elected at large and shall also be known as an "Alderman at Large."
Terms of office. The Mayor and Board of Aldermen shall hold office for two years from January 1 next following their election.
Appointment; term. The Town Clerk shall be appointed by a majority vote of the Board of Aldermen for a term of three years, subject to any right of tenure.
The Town Clerk shall have charge of all record books and documents of the Town, except when the Board of Aldermen directs otherwise. He shall keep a record of the proceedings of the Board of Aldermen and record all ordinances in a book to be provided for that purpose, which shall be deemed a public record of such ordinances. Each ordinance so recorded shall be signed by the Mayor and the Clerk.
The Clerk shall turn over to the Treasurer without delay all moneys received by him for the use of the Town. His office shall be at the Town Hall, and he shall keep his office open for the transaction of public business during the hours specified by the Board of Aldermen.
Corporate Seal. The Clerk shall cause the Corporate Seal of the Town to be affixed to the instruments and writings when authorized by ordinance or resolution of the Board of Aldermen or when necessary to exemplify any document on record in his office or to certify any act or paper which, from the records in his office, appears to have been a public act of the Town or a public document. He shall not affix the Seal or cause or permit it to be affixed to any other instrument, writing or paper unless required by law or ordinance.
Insurance; surety bonds; contracts. The Clerk, subject to the supervision of the Board of Aldermen, shall:
Be the depository for and custodian of all official surety bonds furnished by or on account of any officer or employee, except his Be the depository for own bond, which shall be placed into the custody of the Treasurer; of all insurance policies upon or with respect to risks insured for the benefits of the Town or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Town may be a party.
Be the depository for and custodian of all performance bonds running to the Town as obligee or any other form of security given by a contractor, subdivision developer or other person on account, of work done or to be done in or for the Town.
Have custody of all leases of property owned by the Town.
Report to the Board of Aldermen annually, at such time as it may require, on the coverage, expiration date and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
Administrative rules and regulations; filing and publication. No rule or general regulation made by any department, officer, agency or authority of the Town, except such as relates to the organization or internal management of the Town government or a part thereof, shall take effect until it is filed with the Clerk. The Clerk shall maintain a current compilation of all such rules and regulations, which shall be available for public inspection in his office during business hours.
Other laws and ordinances. In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the Board of Aldermen, the Clerk shall:
Perform all the functions required of municipal clerks by the General Election Law, N.J.S.A. 19:1-1 et seq., and any other law or ordinance.
Administer the provisions of Town ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Board of Aldermen.
The Board of Aldermen shall be the legislative body of the municipality.
The Board of Aldermen may, subject to general law:
Pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law.
Control and regulate the finances of the municipality and raise money by borrowing and taxation.
Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the Board of Aldermen.
Investigate any activity of the municipality.
Remove any officer of the municipality, other than those officers excepted by law, for cause.
Override a veto of the Mayor by a two-thirds majority of all the members of the Board of Aldermen.
In the absence of the Mayor, select a member to serve as Chairman Pro Tem and preside over the deliberations of the Board of Aldermen.
The Board of Aldermen shall have the executive responsibilities of the municipality not placed, by general law or this act, in the office of the Mayor.
The Board of Aldermen shall, by resolution, appoint such subordinate officers as it may deem necessary, except that the Attorney, Engineer, Clerk, Tax Assessor, Chief Financial Officer and Tax Collector shall be appointed by the Mayor and Board of Aldermen.
Every officer appointed pursuant to this section shall hold office during his official term and until his successor shall have been duly appointed and qualified.
The Board of Aldermen may delegate all or a portion of the executive responsibilities of the municipality to an Administrator.
The Board of Aldermen may amend the Administrative Code in which the Board of Aldermen shall perform its duties.
If the Board of Aldermen organizes itself into standing committee(s), the Administrative Code shall specify the powers and duties of such committees and the manner in which they are appointed.
Any meetings of the Board of Aldermen, unless specifically provided for pursuant to some provision of law, shall be governed by Robert's Rules of Order 1983 Edition, a copy of which shall be retained on file by the Town Clerk.
The office of Municipal Administrator of the Town of Dover is hereby created pursuant to N.J.S.A. 40A:9-136.
Appointment to the office of Municipal Administrator shall be made by the Mayor of the Town of Dover with the advice and consent of the governing body pursuant to N.J.S.A. 40A:9-137.
The term of office of the Municipal Administrator shall be at the pleasure of the governing body pursuant to N.J.S.A. 40A:9-137.
The Municipal Administrator may be removed by a two-thirds vote of the governing body. The resolution of removal shall become effective three months after its adoption by the governing body of the Town of Dover. The governing body of the Town of Dover may provide that the resolution shall have immediate effect; provided, however, that the governing body shall be caused to be paid to the Administrator forthwith any unpaid balance of his or her salary and his or her salary for the next three calendar months following adoption of the resolution pursuant to N.J.S.A. 40A:9-138.
Compensation of Municipal Administrator. The Municipal Administrator shall receive a salary in such sums as may be fixed by the employment contract and confirmed by the Salary Ordinance of the Town of Dover.
The Municipal Administrator shall be chosen solely on the basis of executive and administrative abilities and qualifications.
At the time of appointment, the Administrator need not be a resident of the Town of Dover but shall, within two years of the date of his appointment, become a resident of Dover, unless his residence outside of the Town shall be approved by the Mayor and the Board of Aldermen.
Powers and duties.
The Administrator shall be the chief administrative officer of the Town and shall be responsible to the Mayor and Board of Aldermen for the proper and efficient administration of the affairs of Dover. The Administrator shall be accountable to the Mayor and Board of Aldermen. The Administrator shall answer all questions posed by the Mayor or Board of Aldermen in a timely fashion. In addition to reporting to the Mayor and Board of Aldermen at all meetings, the Administrator shall keep the Mayor fully and promptly advised of all municipal business.
The powers and duties of the Municipal Administrator shall include the following. The Administrator shall:
Supervise and be responsible for the activities of all municipal departments, boards and agencies of government.
Submit a budget for the calendar year to the Mayor and Board of Aldermen by the second week in January or on such alternate date as set by the governing body. In preparing the budget, the Administrator shall obtain from the head of each department, agency, board or officer estimates of revenues and expenditures and other supporting data as needed. The Administrator shall review and approve such estimates and may revise them before submitting the budget to the Mayor and Board of Aldermen for amendment and final approval.
Upon the approval of the Mayor and Board of Aldermen, hire and, when necessary for good cause, suspend or discharge any employee under the Administrator's supervision, provided that persons shall be hired, suspended or discharged in accordance with provisions of civil service (where applicable). No person shall be discharged without just cause, and the discharged employee shall have the right to appeal such discharge to the Mayor and Board of Aldermen. The Administrator may also, subject to the approval of the Mayor and Board of Aldermen, promote an employee or increase an employee's salary within the range established by the Mayor and Board of Aldermen by the Salary Ordinance.
Supervise purchasing and see that goods and services are properly purchased for the departments, boards and agencies of the Town. The Administrator shall also establish and enforce rules and regulations governing the requisition and purchase of all municipal supplies, equipment and services. The Administrator shall, before making any purchase of goods or services over $1,000, obtain the approval of the Finance Committee of the Mayor and Board of Aldermen. Such approval may be obtained electronically or by a meeting of the Committee. Following the purchase of any goods or services under an emergency purchase, the Administrator must notify the Finance Committee within 24 hours of the nature and amount of such purchase.
Hold such other municipal offices or head one or more of the municipal departments as the Mayor and Board of Aldermen may from time to time direct.
Attend all meetings of the Mayor and Board of Aldermen and its committees with the right to take part in the discussion.
Keep the Mayor and Board of Aldermen informed as to the conduct of Town affairs and the condition of Town finances and such other reports as the Mayor and Board of Aldermen may request. The Administrator shall make recommendations to the governing body as the Administrator deems necessary or as requested by the Mayor and Board of Aldermen.
Be responsible for continually improving communications among all Town employees, departments, agencies, boards, the Mayor and Board of Aldermen and the community as a whole (i.e., Chamber of Commerce and other service groups). The Administrator will constantly try to upgrade the image of the Town of Dover.
See that terms and conditions imposed in favor of the Town or its inhabitants in any statute or contract are faithfully kept and performed and, upon knowledge of any violation, call the same to the attention of the Mayor and Board of Aldermen.
Continually review and supervise the Town's insurance program and work with the person or people designated by the Mayor and Board of Aldermen as the representative for Dover to the Joint Insurance Fund, the Health Insurance Fund and the Municipal Excess Fund, so as to obtain the lowest possible rates and adequate coverage.
Be responsible for the overall supervision and maintenance of real property owned by the Town of Dover.
Act as liaison between the Town of Dover and the various county, state and federal agencies, with respect to all applications for funds and/or services needed or required by the Town of Dover.
Review daily any complaints concerning the functions and obligations of the Town of Dover made by any of its residents or the Mayor or Board of Aldermen and have a permanent record of complaints and the disposition made.
Negotiate all collective bargaining agreements for the Town of Dover.
At a minimum on an annual basis, review, organize and update as needed all ordinances, policies and procedures. All changes to policy and procedures shall be subject to the approval of the Mayor and Board of Aldermen.
Perform such other duties as may be assigned from time to time by the Mayor and Board of Aldermen.
Administrative powers. Except for the purpose of inquiry, the governing body and its committees shall deal with the administrative service solely through the Municipal Administrator, and neither the Mayor and Board of Aldermen nor any of its committees shall give orders, publicly or privately, to any subordinates of the Administrator.
The Mayor and Board of Aldermen shall hold an annual meeting on January 1 of each year at 12:00 noon or soon after, but no later than January 8 of each year.
At the aforesaid meeting, the Board of Aldermen shall fix the time and place for holding regular meetings during the ensuing year.
The following order of business shall be observed at the regular monthly meetings of the Board of Aldermen for the conduct of official business:
Call to order.
Pledge of Allegiance.
Call of the roll.
Approval of minutes.
Report of committees.
Presentations of communications, petitions, etc.
Invitation for discussion by the public concerning items on public agenda (only).
Approval of vouchers.
Approval of resolutions.
Introduction of ordinances.
Unfinished or new business.
Invitation for discussion by the public.
The Mayor, Administrator, and Clerk shall prepare an agenda for all meetings of the Board of Aldermen. Any Board of Aldermen member can request consideration for items to be included on the agenda. Said request must be received by the Friday preceding the Board of Aldermen meeting at 12:00 noon.
The following standing committees of the Board of Aldermen, consisting of at least two Aldermen each (other than the Mayor, ex officio officer), shall be appointed at the annual reorganization meeting by the Board of Aldermen:
Committee membership. Each Alderman shall be a Chairman of one of the nine standing committees named in this section and a member of two others.
Appointment. The Mayor and Board of Aldermen shall appoint all committees, of which the Mayor shall be a member, ex officio, of each such committee. In addition, the Mayor shall see that all matters referred to the committees are acted upon and reported promptly.
Purpose of standing committee. Standing committees are appointed to expedite and facilitate the work of the Board of Aldermen, but only within statutory limits, as the entire Board of Aldermen is held responsible for any or all of its acts.
A standing committee shall:
Plan, stage and direct the committee within budgetary limitations and carry on the routine activities for which it has primary responsibility.
Perform such acts as may be assigned to it by the Board of Aldermen or the Mayor.
Report and make recommendations to the Board of Aldermen regarding its responsibilities and activities.
Except as provided above, a standing committee shall not:
Special committees. Special committees may be appointed for purposes other than those included in the duties of the standing committees.
Reports by committees. The Chairman of each standing or special committee shall be prepared to report to the Mayor and Board of Aldermen at each regular meeting on the principal activities and achievements of his Committee. He shall also prepare a report and submit it in writing to the Mayor not later than December 1 of each year.
Duties of standing committees.
Finance Committee. The Finance Committee shall have primary responsibility for the following described activities and matters:
The initiation of foreclosure action and subsequent administration and disposition of property acquired by the Town under foreclosure of tax title liens.
The coordination of department budgets; the preparation of budgetary figures relating to the activities above-mentioned; and the final preparation, explanatory and continuing supervision of the entire municipal budget.
The review, revision and all other matters pertaining to any insurance coverage of the Town.
To serve as the liaison between the Board of Aldermen and the registered municipal accountants and any other body or organization on fiscal matters.
Police Committee. The Police Committee shall have primary responsibility for the following described activities and matters:
The administration, practices, procedures and records of the following:
Granting of licenses and the inspection of licensed premises and persons, as designated by the Board of Aldermen.
Highway, traffic and all parking matters (except construction and maintenance of municipal parking lots).
The Office of Emergency Management.
It shall serve as the liaison between the Board of Aldermen and the Judge of the Municipal Court and all organizations or agencies concerned with public safety.
Public Works Committee. The Public Works Committee shall have primary responsibility for the following described activities and matters:
The administration, practices, procedures and records of the following:
Road repairs, improvement, maintenance and cleaning, including street openings.
Repair and maintenance of curbs.
Maintenance of and operation of the Public Works garage.
Maintenance of vehicles and other mechanical equipment, as assigned.
Off-street parking lots, repair, improvement and maintenance and cleaning.
Stormwater collection and disposal.
Maintenance of publicly owned buildings and grounds.
Sanitary sewer collection and transmission system.
Recreation, Library and Education Committee. The Recreation, Library and Education Committee shall meet with nonprofit and local civic groups regarding recreation and education issues and shall have the primary responsibility and serve as liaison for the Mayor and Board of Alderman with the Dover Board of Education and the Dover Recreation Commission, as well as the Dover Public Library Board.
Health Committee. The Health Committee shall have primary responsibility for the following described activities and matters:
Economic Development and Redevelopment Committee. The Economic Development Committee shall have the primary responsibility to perform studies and make recommendations concerning economic development and redevelopment, including but not limited to helping existing businesses grow, encouraging new businesses to be started and attracting business from outside the Town.
Personnel Committee. The Personnel Committee shall have the primary responsibility to periodically review policies and procedures for inclusion in the Town's Personnel Manual as well as participate in the grievance procedure as may be required by collective bargaining agreements.
Engineering, Zoning, Construction and Code Enforcement Committee. The Engineering, Zoning, Construction and Code Enforcement Committee shall serve as the liaison between the Mayor and Board of Aldermen and the Engineering, Zoning, Construction and Code Enforcement Departments.
Forms of bills or claims. All bills or claims against the Town shall be in writing, fully itemized and on such forms as the Town shall provide for that purpose. As required by statute, they shall be sworn to by the claimant before submission for approval and payment.
Certification of claims; presentation; approval. All bills and claims must be supported by a certification of the receipt of the goods or the satisfactory rendering of the service or services by the responsible person accepting the same on behalf of the Town and who may be held accountable therefor.
Presentation and approvals of vouchers.
Presentation of checks for signature. The corresponding vouchers shall accompany all checks in payment thereof when said checks are presented to the Mayor, the Treasurer and to the Town Clerk for signature.
Storage of bills, vouchers and paid checks. All bills, vouchers and paid checks shall be filed in a safe place and be made available for public inspection.
Proposal of amendments; consideration.
The Mayor or any member of the Board of Aldermen may propose amendments to this chapter at any regular Board of Aldermen meeting or adjourned regular meeting.
The Mayor will then appoint a special committee of three members of the Board of Aldermen to consider the proposed amendments and, in addition, may submit other suggested changes.
Recommendations. The special committee will present its recommendations at a regular meeting or adjourned regular meeting of the Board of Aldermen.
Vote for amendment. This chapter shall only be altered or amended by a majority vote on a roll call taken at two successive regular meetings or adjourned regular meeting of the Board of Aldermen.
The appointment of a Town Attorney is hereby authorized for a one-year term upon nomination and approval of the Board of Aldermen.
Duties. The Town Attorney shall render legal advice and counsel as may be required by the Mayor and/or Board of Aldermen; shall appear as the attorney of record in their behalf and shall draft all contracts, resolutions, ordinances and documents normally and ordinarily required in connection therewith. The Town Attorney shall receive an annual salary as determined in the Salary Ordinance.
The appointment of a Municipal Prosecutor is hereby approved, for a one-year term upon nomination and approval of the Board of Aldermen.
The Chief Financial Officer is the Town official who is responsible for the proper financial administration of the municipality pursuant to N.J.S.A. 40A:9-140.10 and is responsible for the proper financial administration of the municipality and such other statutes and rules and regulations promulgated by the Director of the Division of Local Governmental Services, the Local Finance Board or any other state agencies as may pertain to the administration of the municipality. He shall serve for such term as fixed by law for Chief Financial Officers and shall be paid the sum established in the Salary Ordinance.
The Treasurer shall be the custodian of Town funds committed to his keeping and shall perform such other duties as are prescribed by the laws of the State of New Jersey and by resolution of the Mayor and Board of Aldermen pertaining to the office of Treasurer. He shall serve for such time fixed by law for Treasurers and shall be paid the sum established in the Salary Ordinance.
The Tax Collector shall have the duty of collecting and accounting for taxes and assessments due to the Town of Dover, in addition to such other duties as may be prescribed by the laws of the State of New Jersey. The Tax Collector shall hold office such time as it is prescribed by statute and shall be compensated at the annual salary established in the Salary Ordinance.
The Tax Assessor shall have and perform the duties of levying and assigning all taxes and assessments on behalf of the Town of Dover and of defending and upholding all such levies and assessments, pursuant to the laws of the State of New Jersey. He shall serve for such term as is fixed by law for an Assessor and shall be paid the salary established in the Salary Ordinance.
The Town Auditor shall audit the books of the Town offices and employees in conformance with the requirements of the State of New Jersey and shall perform such other and additional services as may be required of him. The Town Auditor shall be appointed for a one-year term by the Mayor with the advice and consent of the Board of Aldermen.
Duties of the Public Works Department include the cleaning of the public streets, maintenance of sewers, removal and disposal of ashes, garbage, refuse and waste matter and maintenance of parks and other publicly owned buildings and grounds by the Town of Dover.
Supervision of the Department. The Public Works Department shall be under the supervision and control of the Certified Public Works Manager.
Name of Court. A Municipal Court to be named "Municipal Court of the Town of Dover in the County of Morris" is hereby established in the Town pursuant to the provisions of N.J.S.A. 2A:8-1 et seq.
Judge of the Municipal Court. The Judge of the Municipal Court shall have the qualifications, possess such tenure of office and have, possess and exercise all the functions, powers, duties and jurisdiction as is conferred upon such Judge by the provisions of N.J.S.A. 2A:8-1 et seq.
The appointment of a Court Administrator for the Municipal Court is hereby authorized, under direction and supervision of the Judge of the Municipal Court at an annual salary as shall be fixed by ordinance.
Duties. The Court Administrator shall perform the duties of the Director of Municipal Court whenever necessary and in the absence or disability of the Court Director.
The Court Administrator shall supervise, operate and maintain the sound and recording system of the Municipal Court and the Director of the Municipal Court of the Town of Dover, New Jersey, and shall perform such other duties as may be authorized or required by the Judge of the Municipal Court and subject to law.
Purpose. It is the intent and purpose of this section to provide for the defense of actions against, and the indemnification of, public employees as permitted by N.J.S.A. 59:10-4.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any elected or appointed official or any officer, employee or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
- PUBLIC EMPLOYEE
- Any employee or former employee of the Town.
Provisions for defense. The Town shall provide for the defense of any action brought against a public employee on account of any act or omission in the scope of his employment, and this obligation shall extend to any cross action, counterclaim or cross complaint against such employee.
Exceptions. The provisions for defense shall not be applicable when the Mayor and Board of Aldermen determine that:
The act or omission was not within the scope of employment.
The act or failure to act was because of actual fraud, willful misconduct or actual malice.
The defense of the action or proceeding would create a conflict of interest between the Town and the public employee.
The defense of the action or proceeding is provided for by an insurance policy or policies; whether obtained by the Town or by any other person.
The public employee failed to deliver to the Town Clerk, within 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.
The public employee has failed to cooperate fully with the defense.
Methods of providing defense. The Town may provide any defense required of it under this section through an attorney from the Morris County Municipal Joint Insurance Fund. The Town shall in no event be responsible for costs or attorney's fees incurred by anyone unless it shall have agreed in writing to the terms of this representation.
Control over litigation. Whenever the Town provides any defense required of it under this section, the Town, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense.
In any case where the Town is required to provide a defense under this section, the Town shall pay or shall reimburse the public employee for the following:
Any bona fide settlement agreements entered into by the Town on behalf of the employee.
Any judgments entered against the employee, including but not limited to exemplary or punitive damages resulting from the employee's civil violation of state or federal law if, in the opinion of the Mayor and Board of Aldermen, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intention wrong.
If the Town has failed, after reasonable notice, to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses, together with costs of any appeal.
In addition, in any case where the Town would be required to provide a defense under this chapter, except for the fact that such defense is provided for by insurance, the Town shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
Nothing in the section shall authorize the Town to pay for damages resulting from the commission of a crime.
Establishment. There is hereby established in the Town of Dover, County of Morris and State of New Jersey, the office of Municipal Public Defender pursuant to P.L. 1997, c. 256.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- INDIGENT DEFENDANT
- A person who is entitled to be represented by a Municipal
Public Defender pursuant to P.L. 1997 c. 256Editor's Note: See N.J.S.A. 2B:24-1 et seq.
- MUNICIPAL COURT
- The Municipal Court of the Town of Dover, County of Morris and State of New Jersey.
- MUNICIPAL PUBLIC DEFENDER
- A person as defined in Section 4 of P.L. 1997, c. 256Editor's Note: See N.J.S.A. 2B:24-4.
Appointment. One Municipal Public Defender shall be appointed by the governing body of the municipality.
Qualifications. The Municipal Public Defender shall be an attorney at law of this state in good standing.
Term. The Municipal Public Defender shall serve for a term of one year from the date of his appointment and may continue to serve in office pending reappointment or appointment of a successor. In addition to any other means provided by law for the removal from office of a public official, a Municipal Public Defender may be removed by the governing body of the municipality for good cause shown and after a public hearing and upon due notice and an opportunity to be heard. Failure to reappoint a Municipal Public Defender for a second or subsequent term does not constitute a removal from office in the meaning of this section.
Compensation. The Municipal Public Defender shall receive an annual salary to be determined by the governing body, paid in equal monthly installments. Compensation of the Municipal Public Defender for services rendered pursuant to this section shall be in lieu of any and all other compensation by the municipality. The Municipal Public Defender shall also receive a fee, to be determined by the governing body, for interlocutory appeals in the Superior Court.
Duties of the Municipal Public Defender. It shall be the duty of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in Municipal Court who is an indigent municipal defendant entitled to representation pursuant to P.L. 1997, c. 256.
Private representation. The Municipal Public Defender may represent private clients in any municipality, including the Town of Dover, where he acts as a Municipal Public Defender, subject to the Rules of Court governing the conduct of lawyers, judges and court personnel.
Services and facilities of representation. All necessary services and facilities of representation, including both expert and lay investigation and testimony as well as other preparations shall be provided in every case. The municipality shall be responsible for payment or services pursuant to this section. The factors of need and real value to a defendant may be weighed against the financial constraints of the municipality in determining the necessary services and facilities of representation. The final determination as to necessity for services required pursuant to this section shall be made by the Court. Nothing in this section shall be deemed to require the municipality to pay for expert and lay investigation or testimony for a period of one year after the effective date of P. L. 1997, c. 256.
Vacancy in office. If there is a vacancy in the office of Municipal Public Defender, if the Municipal Public Defender is temporarily unavailable or if a finding of conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Municipal Prosecutor may prosecute the offense if the Municipal Court appoints a qualified attorney to represent the indigent defendant. The rate of payment for such appointed attorney shall be $100 per case. Payment to such attorney is to be made within 30 days of appointment. Once appointed, the attorney shall carry out all duties of Municipal Public Defender in connection with the case that is the subject of the appointment.
Confidentiality. All communications between the indigent defendant and the Municipal Public Defender or any other attorney appointed to act as a Municipal Public Defender on a particular case, shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel had been privately engaged. This shall not preclude the use by the Municipal Public Defender of privileged material for the preparation and disclosure of statistical, case study and other sociological data, provided that in any such use there shall be no disclosure of identity of or means for discovery of the identity of particular defendants.
Eligibility for the services of a Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection L(4) below. Need shall be measured according to Section 14 of P.L. 1967, c. 43 (N.J.S.A. 2A:158A-14) and guidelines promulgated by the New Jersey Supreme Court.
In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally; and, if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the costs of the services rendered to that time.
The Municipal Court shall make an investigation of the financial status of each defendant seeking representation pursuant to P.L. 1997, c. 256,
Whenever a person entitled to representation by a Municipal Public Defender pursuant to this section is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardian. The municipality shall be entitled to recover the costs of legal services from the parents or legal guardians as set forth below, and the Municipal Court shall have authority to require parents or legal guardians to execute and deliver the written requests for authorizations required under applicable law in order to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility.
If the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the municipality, either by a single payment or in installments in such amounts as he can reasonably be expected to pay, but no default or failure in making payment shall affect or reduce the rendering of services.
Lien of municipality.
The Town shall have a lien on any property to which the defendant shall have or acquire an interest in for an amount equal to the reasonable value of the services rendered to a defendant pursuant to P.L. 1997, c. 256,
To effectuate such lien for the municipality, the Municipal Attorney shall file a notice setting forth services rendered to the defendant and the reasonable value thereof with the Clerk of the Superior Court. The filing of the notice with the Clerk of the Superior Court shall constitute a lien on property for a period of 10 years from the date of filing, unless discharged sooner, and, except for such time limitations, shall have the force and effect of a judgment. Within 10 days of the filing of the notice, the Municipal Attorney shall send by certified mail, or serve personally, a copy of the notice with a statement of the date of the filing to or upon the defendant at the defendant's last known address. If the Municipal Attorney shall fail to give notice, the lien is void.
The Municipal Attorney is authorized to compromise and settle any claims for services performed pursuant to this section whenever the financial circumstances of the person receiving the services are such that, in the judgment of the Municipal Attorney, the best interests of the state will be served by compromising settlement.
The Municipal Attorney, in the name of the municipality, may do all things necessary to collect any money due to the municipality by way of reimbursement for services rendered by a Municipal Defender pursuant to this section. The Municipal Attorney may enter into arrangements with any state or county agency to handle collections on a cost basis. The Municipal Attorney shall have all the remedies and proceedings available for collection which are available for or upon the recovery of a judgment and a civil action and shall also be permitted to collect counsel fees and costs from the defendant for such collection action so that the same are not borne by the municipality.
Application fee; waiver. There is required of all persons applying for representation by the Municipal Public Defender or Court-approved counsel an application fee of not more than $200, but only an amount necessary to pay the costs of the Municipal Public Defender's services. In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, or if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.
Dedicated fund. Funds collected pursuant to Subsection N of this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Town. Such funds shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony. In the event that the division of Local Government Services, during its annual review beginning in 1999 of the municipal budget, determines that the amount of money in a dedicated fund established pursuant to P.L. 1997, c. 256,
Establishment. There is hereby established in the Town of Dover the Department of Code Enforcement.
Personnel. The Department of Code Enforcement shall consist of a Chief Code Enforcement Officer and those additional Code Enforcement Officers as may be deemed appropriate and necessary by the Town Administration. The Code Enforcement Officers shall be under the direct supervision of the Chief Code Enforcement Officer, and the Chief Code Enforcement Officer shall be under the supervision of the Town Administrator.
Duties. The Chief Code Enforcement Officer and Code Enforcement Officers shall enforce the property maintenance code, zoning code, solid waste disposal code and recycling code of the Town of Dover, as well as enforce the multiple dwelling laws, regulations and ordinances of the Town of Dover and State of New Jersey.