A.
B.
Under the direction and supervision of the Business
Administrator, each department shall have, exercise and discharge
such functions, powers and duties as may be provided by the Charter
or by any ordinance with respect to the functions, powers or duties
allocated and assigned to the department.
[Amended 4-22-1974 by Ord. No. 1-74]
C.
The head of each department shall be a Director appointed
by the Mayor, with the advice and consent of the Council.
D.
A Director may serve as a division head without additional
compensation.
E.
Subject to the provisions of this code, the Mayor
may serve as a Director but without additional compensation.
[Amended 4-22-1974 by Ord. No. 1-74]
Whenever a vacancy exists in the office of head
of any division by resignation, removal, disability or otherwise,
the Director of the department may fill such vacancy temporarily by
appointing an acting head of such division, who shall have and perform
all the functions, powers and duties of such division head until the
office shall be filled permanently. Such appointment shall be for
a maximum period of 90 days, with an additional ninety-day period
permitted, and all such appointments shall be with the prior approval
of the Mayor.
[Amended 4-22-1974 by Ord. No. 1-74]
The bonding of municipal officers and employees
shall be the responsibility of the office of the Business Administrator,
in accordance with all applicable statutes and insurance regulations.
A.
All the books, maps, papers, accounts, statements,
vouchers and other documents whatsoever acquired or produced in any
department shall be carefully and conveniently filed, kept and preserved,
and be and remain the sole property of the municipality and shall
not at any time be removed from the offices of such department except
when required to use in official business, and shall then be returned
to such office without delay. Each department head shall be responsible
for enforcing the requirement of this section in his department. This
section shall be subject to the provisions of Destruction of Public
Records Law (1953) (Chapter 410, Laws of 1953).[1]
[1]
Editor's Note: See N.J.S.A. 47:3-15 et seq.
B.
All public documents and records shall during office
hours be open to public search, inspection and examination, subject
to and within the limitations prescribed by law; and provided that
such search, inspection and examination may be made under such regulations
as the officer having custody of such records, books and documents
shall establish for the safety and preservation thereof.
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, to the Clerk or other
person who may be designated by the Council to receive the same, all
moneys, papers, books, memoranda, accounts and data of any nature
whatever pertaining to his office.
The public, administrative and executive business
offices shall be open for the transaction of public business daily
except Saturdays and Sundays and legal holidays, between such hours
as the Mayor may prescribe with the approval of the Council, except
as otherwise provided by law. All departments in times of emergency
shall provide municipal services for 24 hours a day. The Business
Administrator or a department head may require any officer or employee
to be in attendance for work on any day or days whenever he determines
that a public exigency or emergency so requires.
[Amended 3-1-1971 by Ord. No. 4-71]
An independent Township Auditor shall be appointed
by the Council for a term of two years commencing January 1 of the
year of his appointment and until his successor is appointed and qualified.
He shall receive such compensation as may be agreed upon and determined
by the Council. The qualifications, functions, powers and duties of
the Township Auditor shall be as prescribed for municipal auditors
by General Law. He shall also perform such other duties and provide
such other services as may from time to time be requested of him by
the Council.
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 elective officer from campaigning at any time.
A.
No municipal officer or employee, elected or appointed,
shall be interested, directly or indirectly, in any contract with
the municipality, or in the compensation for work done or for materials
or supplies furnished to the municipality or to any contractor or
other person furnishing the same to the municipality, nor shall he
participate in any profits of such contractor of other person or receive
any compensation, commission, gift or other reward for his services
except the salary or fees established by law, ordinance or resolution
of the Council.
B.
No municipal officer or employee, elected or appointed,
shall accept or solicit anything of value as consideration for or
in connection with the discharge of his official duties other than
the fee or compensation prescribed pursuant to law.
C.
No official or employee, whether paid or unpaid, shall
engage in any business or transaction or accept any private employment
or commitment, or shall have any financial or other personal interest,
direct or indirect, which is incompatible with the proper discharge
of his official duties in the public interest or would tend to impair
his independence of judgment or action in the performance of his official
duties.
D.
No official or employee shall accept any gift or gratuity,
whether in the form of service, loan or promise or in any other form,
from any person, firm or corporation which to his knowledge is interested
directly or indirectly in any manner whatsoever, in business dealings
with the Township; nor shall any official or employee accept from
any person, firm or corporation any such gift or gratuity which may
tend to influence him in the discharge of his duties.
E.
No official or employee shall represent private interests
before the Township Council or before any board, commission or agency
of the Township. He shall not represent private interests in any action
or proceedings against the interests of the Township in any litigation
to which the Township is a party.
A.
No Councilman or member of any municipal agency, board,
commission or other body shall vote for the adoption or defeat of
any ordinance or resolution or for the payment or nonpayment of any
indebtedness owing or allegedly owing by the Township, in which he
has any financial or other personal interest, directly or indirectly;
nor shall any official or employee recommend or lobby for the adoption
or defeat of any such measure or for the institution or defense of
any legal or quasi-legal action whatever in which he has or may have
a financial or other personal interest directly or indirectly.
B.
Any official or employee who has or may have such
interest in such measure, indebtedness or action, and who participates
in discussion with or gives an official opinion to the Council or
a municipal agency with respect thereto, shall disclose on the records
of the Council or agency the nature and extent of such interest.
No municipal official or employee shall, without
proper legal authorization, disclose confidential information concerning
the property, government or affairs of the Township, nor shall he
use such information to advance the financial or other private interest
of himself or others. The Council may, from time to time, determine
by resolution what shall be deemed confidential for the purposes of
this section.
A.
Each department head shall have power, except as otherwise
specifically provided by law, to appoint, remove and suspend subordinate
officers and employees within the department, subject to applicable
New Jersey Department of Personnel rules and regulations. All such
personnel actions shall be first reported to the Business Administrator.[1]
Pursuant to the Charter:
A.
The Mayor may, in his discretion, remove any department
head after notice and an opportunity to be heard. Prior to removing
a department head, the Mayor shall first file written notice of his
intention with the Council and such removal shall become effective
on the 20th day after 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.
B.
The Council may, for cause, remove any municipal officer
other than the Mayor or a member of the Council.
C.
The Council shall not act pursuant to Subsections A and B above until the affected officer or employee has received notice of the Council's decision to act and an opportunity to be heard. Pursuant to Subsection A the Clerk may, and under Subsection B the Clerk shall, either personally or by certified mail, return receipt requested, cause notice to be served upon the officer or employee. The notice shall list the charges of the Mayor or of the Council and shall establish the time and place at which the person will be given an opportunity to be heard. This opportunity to be heard shall be open to the public and shall be held not less than five days nor more than 20 days after the date of service.
[Amended 4-22-1974 by Ord. No. 1-74]
Pursuant to the Charter (N.J.S.A. 40:69A-37),
the Council may, in its discretion, require any municipal officer
to prepare and submit sworn statements regarding his official duties
and the performance thereof; and the Council may otherwise investigate
the conduct of any department, office or agency of the municipal government.
No rule or regulation made by any department
shall, except upon written approval of the Mayor, take effect until
at least 10 days after it is filed with the Municipal Clerk as required
by the Charter. This limitation of time shall not apply, however,
to any order, rule or regulation which relates solely to the organization
or internal management of the Township government or part thereof.
The Township Clerk shall maintain a docket of all orders, rules and
regulations filed in his office, which docket shall show the name
of the issuing department, a brief description of the subject matter
and the date of filing. At the close of each year the Clerk shall,
with the advice and assistance of the Township Attorney, compile,
classify and bind all of the orders, rules and regulations which then
remain in force and effect. The Clerk may arrange for the printing
and sale of such compilation within the limits of available appropriations.[1]
[1]
Editor's Note: Former § 1A-81, Township
Comptroller, added 4-22-1974 by Ord. No. 1-74, as amended 5-19-1975
by Ord. No. 6-75, which previously followed this section, was repealed
2-2-2000 by Ord. No. 2-00.
[Added 6-6-2001 by Ord. No. 14-01]
If an employee of the municipality elects to
take his or her retirement, and in consideration of the retirement
accepts any benefits from the Township, including but not limited
to terminal leave, accumulated sick time, vacation time or personal
days, whether the same be by monetary compensation or compensable
time, the employee, upon acceptance of those benefits, cannot thereafter
seek to return to active employment nor withdraw his or her application
for retirement.
