[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 12-2-1976 as Ch. 42 of the 1976
Code. Amendments noted where applicable.]
The Department of Public Works shall consist
of the following:
A.
Superintendent of Public Works.
B.
Assistant Superintendent. Said
individual, in the absence of or at the direction of the Superintendent
of the Department of Public Works, shall assist in the implementation
of all policies, work orders and directions formulated by the Superintendent.
The Assistant Superintendent shall have no authority to formulate
policies, work orders or directions. The Assistant Superintendent
shall report directly to the Superintendent regarding the implementation
of all assigned tasks. He or she shall have the authority to recommend
policies, disciplinary action or necessary tasks to the Superintendent
who shall have the sole discretion and authority to direct and implement
the same.
[Amended 7-11-2019 by Ord. No. 2019-03]
C.
Foreman of Public Works.
D.
Such general laborers and machine operators consisting
of a number of not less than three but which may be more in number
if the Township Committee member deems necessary.
E.
Any persons hired for part-time, emergency or seasonal
work by the Superintendent of Public Works with the consent of the
Township Committee, which consent shall be obtained within one month
after the individual is hired. The Township Committee member in charge
of the Department of Public Works shall, prior to a part-time, seasonal
or emergency worker being hired, be notified by the Superintendent
of Public Works of the hiring of this individual and shall consent
thereto.
It shall be the function of the Department of
Public Works to maintain public property, public streets, sewerage
and drainage, snow removal, tree removal and maintenance, trash removal,
garbage collection, if necessary, operation of the Township equipment
which falls within the jurisdiction of the Department of Public Works
by its very nature and any other items designated or deemed necessary
by the Township Committee.
A.
The Superintendent of Public Works or the Township
Committee member in charge of the Department of Public Works shall,
with the consent of the Township Committee, promulgate and from time
to time amend and supplement a manual of rules and regulations which
shall provide for the administration and operation of the Department
of Public Works and prescribe the duties and conduct of the members
thereof and which shall contain such other matters as necessary for
the proper function of the Department of Public Works.
B.
All members of the Department of Public Works shall
be subject to and faithfully abide by the rules and regulations.
A.
The general administration and control of the Department
of Public works is vested in the Township Committee member who shall
be appointed annually by the Township Committee to be in charge thereof.
He or she, together with the Superintendent of Public Works, shall
be responsible for the efficiency and general good order of the operations
of the Department and the members thereof.
B.
Said Township Committee member shall have the power
to promulgate orders or to amend and supplement existing orders as
may be necessary for the proper conduct and efficiency of the Department
of Public Works.
C.
The Superintendent of Public Works may issue orders
which may be necessary for the proper conduct and efficiency of the
Department of Public Works, provided that no such orders issued by
the Superintendent of Public Works shall in any way conflict or be
inconsistent with the rules issued by the Township Committee member
in charge of the Department of Public Works.
D.
There is hereby reserved to the Township Committee
the power to amend, alter or countermand any order issued by the Township
Committee member in charge of the Department of Public Works or by
the Superintendent of Public Works.[1]
[1]
Editor's Note: Original § 42-5,
Residency requirements, which immediately followed this section, was
repealed 4-8-1988.
Every member and employee of the Department
of Public Works shall, before entering upon the performance of his
or her duty, subscribe to an oath or affirmation to bear true faith
and allegiance to the government established in this state, to support
the Constitution of the United States of America and the state and
to faithfully, impartially and justly perform and discharge the duties
of his or her office, which oath shall be filed with the Township
Clerk and shall be in the form provided by statute.
[Amended 6-5-1980]
A.
The appointment or employment of any officer, employee
or regular member of the Department of Public Works, when first made,
shall be for a probationary period of six months and shall become
permanent upon the expiration of said six-month period only in the
event that performance under such appointment or employment during
said six-month period shall be found by the Township Committee to
have been satisfactory and shall have been so certified by that body.
B.
Any officer, employee or regular member of the Department
of Public Works shall hold the office to which he or she has been
presently appointed during good behavior, physical and mental capacity,
efficiency and residence of the Township of South Hackensack and,
in the case of the appointment of any future employees or members,
within the County of Bergen as previously provided by this chapter.
[Amended 6-5-1980]
A.
Proceedings for the removal of any person who holds
an office as an employee or regular member of the Department shall
be for good cause at a public hearing, and service of the notice of
the charges for the removal of such officer, employee or regular member
of the Department shall be made at least ten days prior to the hearing,
and the individual shall be entitled to have the assistance of his
or her own counsel in defending him or her in any proceedings for
the removal from his or her particular position.
B.
Proceedings for the removal of any officer, employee
or regular member of the Department shall be in accordance with the
statute, laws of the State of New Jersey and the rules and regulations
of the Department of Public Works.
C.
An individual may be suspended from his or her office
of employment as a regular member of the Department for a period not
to exceed five working days by the Township Committee member in charge
of the Department of Public Works, but such suspension shall be subsequently
approved by the Township Committee at a public meeting. Such suspension
shall be in accordance with the rules and regulations promulgated
by the Township Committee.
The Township Committee shall fix and authorize
by ordinance the salary to be paid to an officer, employee or regular
member or part-time worker of the Department of Public Works by a
Salary Ordinance properly enacted by it in accordance with the statutes
made and provided for by the State of New Jersey.[1]
All officers, members and employees of the Department
of Public Works shall be subject to all the laws enacted for the conduct,
benefits and protection for officers, members and employees provided
by the State of New Jersey, including but not limited to the Veteran's
Tenure Act and Exempt Fireman's Act, pursuant to state law.[1]
[1]
Editor's Note: See N.J.S.A. 38:16-1 et seq.
and 40A:14-60.
