[Amended 5-13-1996 by Ord. No. 96-10]
A director may serve as a Division Head without
additional compensation. Whenever a vacancy exists in the office of
Head of any Division by reason of 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.
A.
Every officer or employee of the Township who by virtue
of the office or position is entrusted with the receipt, custody or
expenditure of public moneys or funds and any other officer or employee
who may be so required by the Council shall before entering upon the
duties of the office or position execute and deliver a surety bond
in such amount as may be fixed by resolution of the Council, binding
the officer or employee to the Township in its corporate name and
conditioned upon the true and faithful performance of the officer's
or employee's duty. Each officer or employee required by law to give
bond shall execute such a bond with sufficient surety and deliver
the same to the Township Clerk before the officer or employee enters
upon the discharge of the duties of the office or employment, except
that the Township Clerk shall deliver the Clerk's bond to the Chief
Financial Officer.
B.
If any officer or employee shall neglect to execute
and deliver the officer's or employee's bond as herein required within
30 days after due notification of the officer's or employee's election
or appointment, the office may be declared vacant by the Council.
A.
No officer or employee elected or appointed in the
Township shall be interested, directly or indirectly, in any contract
with the Township or in the compensation for work done or for materials
or supplies furnished to the Township or to any contractor or other
person furnishing the same to the Township, nor shall the officer
or employee participate in any profits of such contractor or other
persons or receive any compensation, commission, gift or other reward
for services except the salary or fees established by law or the Mayor
or by ordinance or resolution of the Council.[1]
B.
Any officer or employee who violates any provision
of this section or of any statute or ordinance relating to conflict
of interest shall be deemed guilty of misconduct in office and liable
to removal from office therefor. Any officer or employee who shall
knowingly permit any provision of this section to be violated by any
of the officer's or employee's subordinates shall also be guilty of
misconduct in office and liable to removal therefor.
No officer or employee elected or appointed
shall:
A.
Directly or indirectly use or attempt to use the officer's
or employee's office, position or employment to secure or obtain any
unwarranted, preferential, favored, discriminatory or unlawful rights,
benefits, advantages or privileges for the officer or employee or
any others.
B.
Vote for the adoption or defeat of any legislation
or for the payment or nonpayment of any indebtedness owing or allegedly
owing by this Township in which the officer or employee has a direct
or indirect personal, pecuniary or other private interest.
C.
Recommend or lobby for the adoption or defeat of any
legislation or the institution or defense of any legal or quasi-legal
action whatever in which the officer or employee has or may have a
direct or indirect personal, pecuniary or other private interest.
D.
Approve or disapprove or in any way recommend the
payment of any bill, voucher or indebtedness owed or allegedly owed
by the Township in which the officer or employee has a direct or indirect
personal, pecuniary or other private interest.
E.
Accept other employment or professional retainers
or the promise thereof that might reasonably conflict with the performance
of official duties or that might reasonably tend to impair the officer's
or employee's independent or impartial judgment or action in the exercise
or performance of the officer's or employee's official duties.
Upon the termination of office or employment
of any officer, employee or board member, the appropriate individual
shall forthwith deliver to the successor or, if there be no successor,
to the Township 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 the appropriate
individual's office.
Every municipal officer or employee who receives
funds on behalf of the Township shall pay over said funds to the Chief
Financial Officer in a time period prescribed by law, together with
an itemized report detailing the items for which said funds had been
received.
All ordinances heretofore adopted by the Township
Council of the Township of West Windsor or the Board of Health of
the Township of West Windsor, to the extent that the same are consistent
with this chapter, are continued in full force and effect. All references
in said ordinances to the Township Council, Township Board of Health
or any board, body, department or office shall be construed to mean
such board, body, department or office to which the respective functions,
powers and duties are allocated and assigned by this chapter.
Unless otherwise provided for, rates of compensation
established for persons holding office or employment on the effective
date of this chapter shall be continued with respect to the office
or employment to which they respectively may be transferred.
Any board, office, agency, function or employment
not specifically reconstituted or continued by this chapter shall
be deemed abolished.[1]
B.
Persons authorized to use Seal. The Township Clerk
is hereby authorized to use, exhibit and display the actual Township
Seal. The Mayor and members of the Township Council and any department
director are hereby authorized to use, exhibit and display a replica
of the Township Seal for such purposes associated with Township business.
C.
Unauthorized use; penalty. Any person who is not authorized by law to use, exhibit or display the Seal of the Township of West Windsor and who uses, exhibits or displays the Seal of the Township of West Windsor without the Township's consent shall, upon conviction, be subject to a penalty pursuant to Chapter 1, General Provisions, Article II, Penalty.
[Amended 5-13-1996 by Ord. No. 96-10]
A.
Intent and 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. 59:10-1
et seq.
B.
EMPLOYEE
PUBLIC EMPLOYEE
Definitions. As used in this section, the following
words shall have the meanings indicated:
Any officer, employee or servant, whether or not compensated
or part-time, individual members of appointed boards and committees
and elected officials who are authorized to perform any act or service;
provided, however, that the term does not include an independent contractor.
Any employee or former employee of the Township.
C.
Defense of action. The Township shall provide for
the defense of any action brought against a public employee on account
of any act or omission in the scope of such employee's employment,
and this obligation shall extend to any cross-actions, counterclaims
or cross-complaints against such employee.
D.
Exception. The provisions of Subsection C above shall not be applicable when the Township determines that:
(1)
The act or omission was not within the scope of employment.
(2)
The act or failure to act was because of actual fraud,
willful misconduct or actual malice.
(3)
The defense of the action or proceeding would create
a conflict of interest between the Township and the public employee.
(4)
The defense of the action or proceeding is provided
for by an insurance policy or policies, whether obtained by the Township
or by any other person.
(5)
The public employee failed to deliver to the Business
Administrator within 10 calendar days after the time the employee
is served with any summons, complaint, process, notice, demand or
pleading the original or a copy of the same.
(6)
The public employee has failed to cooperate fully
with the defense.
E.
Methods of providing defense. The Township may provide
any defense required of it under this section through the Township
Attorney or by employing special counsel pursuant to the code.
F.
Township control over litigation. Whenever the Township
provides any defense required of it under this section, the Township,
through the Township Attorney or other special counsel, may assume
exclusive control over the representation of the public employee and
such employee shall cooperate fully with the defense.
G.
Indemnification.
(1)
In any case where the Township is required to provide
a defense under this section, the Township shall pay or shall reimburse
the public employee for:
(2)
In addition, in any case where the Township would
be required to provide a defense under this section except for the
fact that such defense is provided for by insurance, the Township
shall provide indemnification as aforesaid, but only to the extent
not covered by insurance.