Under the direction and supervision of the Mayor
as chief executive, there shall be such departments, not exceeding
nine in number, as established by this chapter or by amendments or
supplements thereto. Each department shall have, exercise and discharge
such functions, duties and powers as may be provided by the Charter,
this chapter or by other ordinance. The following departments are
hereby established:
A.
Department of Municipal Administration, the head of
which shall be the Municipal Clerk.
B.
Department of Finance, the head of which shall be
the Chief Municipal Finance Officer.
C.
Department of Public Works, the head of which shall
be the Superintendent of Public Works.
D.
Department of Construction, the head of which shall
be the Construction Code Official.
E.
Department of Police, the appropriate authority of
which shall be the Mayor, the head of which shall be the Chief of
Police.
F.
Department of Emergency Services, the head of which
shall be the Mayor.
G.
Department of Municipal Court, the head of which shall
be the Municipal Court Administrator.
A.
The head of each department shall be appointed by
the Mayor with the advice and consent of the Council.
B.
The Mayor shall recruit, select and appoint persons
qualified by training and experience for their respective offices
as department heads.
C.
Each department head shall serve during the term of
the Mayor appointing him, unless removed from office by the Mayor,
and shall continue to serve until a successor is appointed and qualified.
D.
Each department head serves at the pleasure of the
Mayor regardless of the term of appointment.
E.
Personnel subordinate to the head of a department
shall be appointed by the Mayor with the advice and consent of Council,
except as otherwise provided by this chapter, and shall serve during
the Mayor's term, unless otherwise provided by the Charter, general
law, this chapter or other ordinances.
F.
Personnel subordinate to the head of a department
may be removed by the head with the approval of the Mayor, unless
otherwise provided by the Charter, general law, this chapter or other
ordinances.
G.
Nothing in this chapter shall be construed to prevent
the Mayor from appointing to any position for which the Mayor has
the responsibility of making appointments any otherwise qualified
person, including himself, Council members or other municipal officers,
except as specifically prohibited by the Charter, general law or this
chapter.
H.
The Mayor shall send to Council the names of his appointees
to the position of department heads and subordinate personnel within
30 days of assuming office.
I.
Council shall act on appointments of department heads
and subordinate personnel within 15 calendar days following receipt
of the nominations by Council.
J.
No new department, division, office, officer or employee
position shall be created, except by action of the Council, and no
existing department, division, office, officer or employee position
shall be abolished, except by action of the Council. The creation
and/or the abolition of any position by Council shall be specifically
noted as appropriate in the annual budget; and any ordinance establishing
a new department, division, office, officer or employee position shall
include a statement of the powers, duties and responsibilities of
the function therein created, and this chapter shall be appropriately
amended.
Whenever a vacancy exists in any office required
by the Charter or by this chapter to be filled by the Mayor with the
advice and consent of Council and there is no holdover incumbent,
the Mayor may temporarily fill such vacancy, in the absence of any
contrary provision in the Charter, general law or in this chapter,
by appointing an acting officer, including the designation of himself
as an acting department head in the event of a vacancy in such office.
Such appointee shall have all of the functions, powers and duties
of the office until it shall be permanently filled. Any such appointment
shall terminate not later than 60 days after the date of the appointment,
unless the Council shall by resolution authorize one or more extensions
of such a period.
A.
In order to ensure the smooth transition from one
administration to the next, in any office required by the Charter,
general law or by this chapter to be filled by appointment by the
Mayor, the Mayor may require any outgoing officer to serve as Acting
Deputy to the officer appointed to fill the position in which the
outgoing officer has previously served. Such appointments as Acting
Deputy shall terminate not later than 45 days after the appointment
and qualification of the successor.
B.
The powers, functions and duties of such an Acting
Deputy shall be those established by the Mayor at the time of the
appointment.
C.
In the event that an Acting Deputy is required by
the Mayor to serve in a position for which he receives monetary compensation,
he shall be compensated during the term as Acting Deputy at not less
than 50% of the rate he received while incumbent in his position.
His rate of compensation shall be determined by the Council.
The head of each department, under the supervision
of the Mayor and subject to the Charter, general law and this chapter,
shall:
A.
Prescribe the internal organization of the department
and the duties of subordinate officers and employees within the department,
except as provided by the Charter, this chapter or ordinance.
B.
Ensure that all powers, functions and duties assigned
to the department are carried out with diligence.
C.
Operate his department in an efficient and effective
manner.
D.
Report, in writing, to the Mayor recommendations for
improving departmental performance, requirements of the department
and the results of assignments made to the department.
E.
Report promptly to the Mayor and to the Treasurer
projected deviations in the financial performance of the department.
F.
Report at least annually to the Mayor and Council,
in such form as shall be approved by the Mayor, on the work of the
department during the preceding year.
G.
Cooperate with the Mayor, Treasurer and Council in
the preparation of the annual budget, providing supporting information
for all budgetary requirements and explanation of all deviations from
previous budgets.
H.
Assign functions, powers and duties to subordinate
officers and employees within the department and modify such assignments
as need appears.
I.
Assign priorities to the conduct of the functions,
powers and duties allocated to the department.
J.
Supervise the work of the department through the divisions
established by this chapter and supervise and direct the work of the
employees of the department.
K.
Delegate to other officers or employees of his department
such of his powers as he may deem necessary for efficient administration
and operation.
L.
Prohibit the expenditure of municipal funds or the
commitment of municipal funds by the department, except as provided
by law.
M.
Provide liaison with other departments, divisions,
boards, etc., as required for the efficient and effective operation
of the administrative branch.
N.
Familiarize himself with the general law affecting
his department and with funds available for the performance of the
functions of his department from sources outside the Township.
The Treasurer, Municipal Tax Collector, Municipal
Court Administrator, Deputy Municipal Court Administrator, Municipal
Judge and such other employees mandated by law shall each be bonded,
at the expense of the Township, in accordance with general law.
The conduct of municipal officials and employees
shall be governed by the Local Government Ethics Law, P.L. 1991, c.29,
N.J.S.A. 40A:9-22.1 et seq. and N.J.A.C. 5:35-1 et seq.
Pension fund membership and the rights of any
officer or employee shall not be adversely affected due to the adoption
of this chapter or of any amendments or supplements thereto. In the
event of the termination of employment of any officer or employee
prior to his retirement for whom funds have been set aside for a pension
or for retirement benefits during the period of his employment, such
funds shall be paid to such officer or employee at the time of such
termination of employment.
Any officer or employee of the Township who
has acquired tenure in his position through any provision of law or
of ordinance shall retain said tenure in the same position without
effect due to the adoption of this chapter.
The Council shall have an annual audit made
of the Township accounts and financial transactions as required by
law. Such annual audit shall be made by a registered municipal accountant
of New Jersey, appointed by the Mayor with the advice and consent
of the Council.
No rule or regulation made by any department,
officer, agency or authority of the municipality, except such as relates
to the organization or internal management of the Township government
or a part thereof, shall take effect until it is filed with the Municipal
Clerk. The Council shall provide for the prompt publication of such
regulations and rules. Promulgation of rules and regulations establishing
or modifying policies in the following areas shall be accomplished
by resolution:
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 shall be and remain the sole property of the Township and shall
not at any time be removed from the offices of such department, except
when required for use in official business and shall then be returned
to such office without delay. Each department head shall be responsible
for enforcing the requirements of this section in his department.
This section shall be subject to the provisions of Destruction of
Public Records Law (1953) (N.J.S.A. 47:3-15 et seq.).
B.
All public documents and records shall, during office
hours, be opened to public search, inspection and examination, subject
to and within 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 termination of the term of office of any
officer or the employment of any 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, data and property of any
nature whatever pertaining to his office or to his employment.
The public, administrative and executive business
offices of the Township shall be open for the transaction of public
business on a regular schedule from 8:30 a.m. until 4:00 p.m., except
as otherwise provided by law.
