Borough of Mountain Lakes, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes 6-23-1980 as Secs. 2-4, 2-5, 2-9, 2-10, 2-11 and 2-15, Paragraph 2, of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
Defense and indemnification — See Ch. 22.
Political fund-raising — See Ch. 51.

§ 45-1 Manager.

A. 
Qualifications; functions of office.
(1) 
The Borough Manager shall be a person of demonstrated executive and administrative ability. He shall, prior to his appointment, be qualified in terms of knowledge and experience in accepted practice in respect to the duties of his office. During the term of his office he may reside outside of the Borough.
(2) 
Within the office of the Manager, there shall be the following functions:
(a) 
Borough Clerk.
(b) 
Budget, purchasing, treasury and financial management, tax collection, and utility billing and collection.
(c) 
Personnel.
(d) 
Health.
(e) 
Recreation.
(f) 
Inspection services.
(g) 
Engineering.
(h) 
Welfare.
(i) 
Emergency management services.
B. 
General powers and duties. The Manager shall:
(1) 
Be the personnel officer and have full charge of all matters pertaining to personnel administration.
(2) 
Supervise the administration and enforcement of the local and state health and sanitary codes which shall be planned by the Health Commission and approved by the Council.
(3) 
Supervise the administration of a comprehensive recreation program which shall be planned by the Recreation Commission and approved by the Council.
(4) 
Supervise the administration and enforcement of all laws, codes, ordinances, and regulations, both state and local, relating to building, zoning, electrical, sanitation, and plumbing through the appointment of a qualified inspector or inspectors or through contractual arrangements. Fire prevention and safety inspections shall be coordinated by the Manager with the Fire Department. The Chief of the Fire Prevention Bureau shall be appointed by the Fire Chief.
(5) 
Engineering function.
(a) 
Supervise the engineering function which shall:
[1] 
Prepare, or cause to be prepared, plans and specifications for public works and improvements undertaken by the Borough.
[2] 
Supervise the performance of contracts for public works and certify the amounts due payable thereunder.
[3] 
Maintain maps, charts, engineering data, and records which may be required for the proper and efficient technical administration of public works functions.
[4] 
Provide for traffic engineering needs.
(b) 
All papers, documents, memoranda, reports, and other materials relating to the administration of the engineering function shall be and remain the property of the Borough. Upon the termination of his service with the Borough, the Engineer shall forthwith surrender to his successor all such property, together with a written consent to substitution of his successor in engineering matters then pending to which the Borough is a party.
(6) 
Supervise the administration of a welfare program and appoint a director thereof.
(7) 
Supervise the emergency management services agency and appoint a director thereof.
C. 
Financial responsibilities.
(1) 
General. The Manager shall:
(a) 
Prepare the annual budget and maintain continuing review and analysis of budget operations, work programs and costs of municipal services.
(b) 
Administer a uniform purchasing program.
(c) 
Assign and reassign, transfer and retransfer, from time to time, either temporarily or permanently, any property from one function to another or from one administrative unit to another, as the efficient management of the Borough government requires.
(d) 
Supervise the financial management of the Borough.
(2) 
Treasurer. The Manager shall be the Treasurer and shall:
(a) 
Keep books and records of accounts for the exercise of the foregoing financial budgetary control over each department, office, and agency of the government and keep such accounts as shall show the amount of each appropriation, the cumulative amount paid therefrom and the unpaid obligations and unencumbered balance thereof.
(b) 
Authorize the payment of bills, claims, demands, and payroll, upon the proper certification of the appropriate department head of the amount due and owing.
(c) 
Invest all surplus funds.
(d) 
Receive and collect all miscellaneous revenues due the Borough.
(e) 
Prepare and mail all utility bills and receive and account for the same and also receive and account for all other utility revenues.
D. 
Purchasing procedures.
(1) 
The Borough Manager shall be responsible for the development and administration of all purchasing and payment procedures, which shall comply with all federal and state laws and shall have the concurrence of the Borough Auditor. Payment and purchasing procedures shall be submitted by the Borough Manager in writing to the Borough Council for its approval by resolution.
(2) 
The Manager and the appropriate department shall certify and account for all purchases made by the Borough. No payment shall be made until a proper voucher and bill have been received and verified by the vendor, the department head, and the Borough Manager. Final release of funds shall be contingent upon the approval of vouchers by a majority vote of the Council.
E. 
Deputy Manager. The Manager or, in his absence, the Borough Council may appoint a Deputy Manager to serve for an indefinite term subject to removal by the Manager or Council. The Deputy Manager shall generally assist the Manager in the performance of duties of the Office of the Manager, as directed by him. During the temporary disability or absence of the Manager, or temporary vacancy in the position of Manager, the Deputy Manager shall perform all the duties and functions and have all the responsibilities of the position of Manager as defined in this section, or as may be further delimited by the Borough Council.

§ 45-2 Tax Collector.

The Tax Collector shall be appointed by the Manager and, prior to his appointment, shall be qualified by training and experience in the administration of municipal tax collections and tax accounting procedures. The Tax Collector shall:
A. 
Extend each year's tax on the tax duplicate, prepare and mail tax bills, and maintain tax accounting records in such manner as may be prescribed by law.
B. 
Receive and collect all current and delinquent assessments and real and personal property taxes, charge and receive penalties and interest pursuant to law, and account for all collections in such form and manner as may be prescribed by law.
C. 
Make or cause to be made, and certify, searches for tax and other liens on any real property in the Borough as may be authorized by law and charge and collect for the use of the Borough the fee required by law for any such search.

§ 45-3 Borough Clerk.

The Council shall appoint a Borough Clerk who may be the Manager. The Clerk shall:
A. 
Serve as Clerk of the Council, keeping its minutes and records of its proceedings, and maintaining and compiling its ordinances and resolutions as required by the Charter.
B. 
Serve as Registrar of Vital Statistics, including births, deaths, and marriages in accordance with state law, and issue marriage licenses pursuant to law.
C. 
Have custody of the Borough Seal and affix it to such books, papers and documents as may be authorized pursuant to law.
D. 
Have and take custody of all official books, papers and documents of the Borough for which no other repository is provided by Charter or ordinance and preserve and keep them safely.
E. 
Perform such functions as are vested in the Borough Clerk by the licensing provisions of state law or ordinance.
F. 
Perform all of the functions required of municipal clerks by the General Election Law, pursuant to Title 19 of the Revised Statutes.

§ 45-4 Chief Financial Officer.

A. 
Position established. The position of Chief Financial Officer is hereby established.
B. 
Appointment; term. The Chief Financial Officer shall be appointed by the Borough Council for a four-year term.
[Amended 10-12-1999 by Ord. No. 22-99]
C. 
Qualifications; responsibilities. Any individual appointed as Chief Financial Officer shall be qualified as a certified municipal financial officer pursuant to the terms and conditions of N.J.S.A. 40A:9-140.1 et seq. and must carry out the responsibilities set forth in N.J.S.A. 52:27BB-1 et seq. and N.J.S.A. 40A:9-140.1 et seq., as amended.

§ 45-5 Tax Assessor.

[Added by Ord. No. 1-89]
A. 
Appointment. The Tax Assessor shall be appointed by the Council and, prior to his appointment, shall be qualified by training and property appraisal experience.
B. 
Duties. With the assistance of such other Assistant Assessors and other personnel as may be authorized by ordinance, the Tax Assessor shall:
(1) 
Value all real and personal property in the Borough for the purpose of assessments and taxation in accordance with general law, the Charter, and ordinances of the Borough and exercise all the powers of a municipal assessor pursuant to the law.
(2) 
Prepare the tax list and duplicate as required by law and maintain adequate assessment records of each and every parcel of real property assessed.
(3) 
Have custody of and maintain an up-to-date Borough tax map and provide for the recording thereon of all changes in ownership or character of the property assessed.
(4) 
Be responsible for all appraisals of property for any Borough purpose, provided that he may, with the approval of the Council and within the limits of available appropriations, retain outside experts or appraisers whenever the public interest requires.

§ 45-6 Engineer.

A. 
Appointment. A Borough Engineer shall be appointed by the Council by majority vote of the Council for a term of one year from January 1 in the year of his appointment and until his successor is appointed and shall qualify. He shall receive such compensation as may be agreed upon and determined by the Council.
B. 
Qualifications. The Engineer shall be a licensed professional engineer in the State of New Jersey but need not be a resident of the Borough. In lieu of appointing an individual engineer, the Council may appoint an engineering firm, one or more members of which shall be a licensed professional engineer in the state.
C. 
Powers and duties. The Engineer shall be the engineering advisor to the Council, Manager, departments and other municipal agencies, except as may otherwise be provided by law.
D. 
Records and papers. All papers, drawings, documents, memoranda, reports and other materials relating to engineering matters for the Borough shall be and remain the property of the Borough. Upon termination of service with the Borough, the Engineer shall forthwith surrender to his successor all such property, together with a written consent to substitution of his successor in all legal actions and proceedings then pending to which the Borough shall be a party.

§ 45-7 Attorney.

A. 
Appointment. There shall be a Borough Attorney who shall be appointed by the Council for a one-year term, as of January 1. Prior to his appointment, he shall have been admitted to the practice of law in the State of New Jersey.
B. 
Powers and duties. The Attorney shall be legal advisor to the Council, Manager, departments, and other municipal agencies, except as may otherwise be provided by law. He shall prosecute and defend actions and proceedings by and against the Borough, departments, and agencies thereof. In furtherance of these powers, and without limitation thereof, he shall:
(1) 
Prepare or approve all ordinances and substantive resolutions prior to introduction and passage.
(2) 
Review and approve all contracts, deeds, documents, and instruments prior to the execution thereof by or on behalf of the Borough.
(3) 
Conduct appeals from orders, decisions, or judgments affecting any interest of the Borough, as directed by the Council.
(4) 
Subject to the approval of the Council, have power to enter into any agreement, compromise, or settlement of any litigation in which the Borough is involved.
(5) 
Advise or render opinions, in writing, upon any question of law submitted to him by the Manager, the Council, or the head of any department or agency with respect to official powers and duties.
(6) 
Maintain a record of all actions, suits, proceedings, and matters which relate to the Borough's interest and report thereon from time to time as the Manager or Council may require.
(7) 
Have such other and different functions, powers, and duties as may be provided by Charter or ordinance.
C. 
Special counsel. Whenever the Attorney shall deem the interests of the Borough so require, he may, with the approval of the Manager and Council and within the limits of available appropriations, appoint special counsel to assist him in the preparation, trial, or argument of such legal matters or proceedings as he may determine. If the Attorney should be disqualified with respect to any matter, the Manager, with the approval of the Council, shall appoint special counsel to represent the Borough for and with respect to such matter.
D. 
Papers and records. All papers, documents, memoranda, reports, and other materials prepared on behalf of the Borough by the Borough Attorney shall be and remain the property of the Borough. Upon the termination of his service with the Borough, the Attorney shall forthwith surrender to his successor all such property, together with a written consent to the substitution of his successor in all legal actions and proceedings then pending to which the Borough is a party.

§ 45-8 Auditor.

A. 
Appointment.
(1) 
An independent auditor shall be appointed by the Council pursuant to general law by a majority vote of the Council membership for a term of one year from January 1 in 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.
(2) 
He shall be a registered municipal accountant of the State of New Jersey, pursuant to N.J.S.A. 40:4-6,[1] but need not be a resident of the Borough. In lieu of appointing an individual auditor, the Council may appoint a firm of auditors, one or more members of which firm shall be a registered municipal accountant of the State of New Jersey.
[1]
Editor's Note: N.J.S.A. 40:4-6 was repealed by L. 1977, c. 176.
B. 
Powers and duties. The auditor shall make the annual audit with as many as but not more than three routine spot audits in a given year and shall have the power to perform the duties prescribed by general law, ordinance, or rules and regulations of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. He shall also perform such duties and render such services as may be prescribed by resolution of the Council.

§ 45-9 Zoning Officer.

[Amended by Ord. No. 15-82]
There shall be a Zoning Officer, who shall be appointed by the Borough Manager and confirmed by the Borough Council, and who may also be either the Borough Manager or the Construction Official. The term of the Zoning Officer shall be one year, commencing January 1. The powers and duties of the Zoning Officer shall be as set forth in Chapters 40, 208 and 245 of this Code.

§ 45-10 Historian.

[Added by Ord. No. 2-92]
A. 
Establishment; appointment. There shall be a Borough Historian, who shall be appointed by the Council for a one-year term as of January 1.
B. 
Powers and duties. The Borough Historian shall have the following powers and duties:
(1) 
To carry out an historical program, including but not restricted to collecting, preserving and making available materials relating to the history of the Borough. The Historian shall store such collections in appropriate private and public institutions with proper conditions of preservation and access and shall notify the State Archivist, New Jersey Historical Commission, county local historian and Borough Council of any materials which should be acquired for preservation. Upon leaving the position, the Historian shall turn over all materials, records and reports into the possession of the successor, if then appointed, or to the Borough Council until a successor shall be appointed.
(2) 
To make an annual report to the Manager and Borough Council stating all the work performed and accomplished during that year. The Historian shall transmit a copy of such report to the New Jersey Historical Commission.
(3) 
To research, write and cause to have published a Borough history and recommend appropriate historical materials for publication.
(4) 
To advise the Borough Council concerning the acquisition, administration, use and disposition of any landmark or historic site, including such places in the Borough included on the New Jersey Register of Historic Places. Such advice may be furnished to the Historic Sites Section, Department of Environmental Protection.
(5) 
To assist in projects of commemoration, including the erection of monuments, historic markers and guide signs.
(6) 
To serve as a clearinghouse for information, correspondence and cooperative and in-grant programs.
C. 
Expenses; staff. This Historian shall serve without compensation, but the Borough Council may annually appropriate such funds as may be necessary to reimburse the Historian for expenses incurred in the performance of the duties and responsibilities set forth above, within the limits of such funds as may be made available by the Borough Council for such purposes in the annual budget of the Borough.

§ 45-11 Deputy Borough Treasurer.

[Added 2-12-2001 by Ord. No. 02-01]
A. 
Establishment. The position of Deputy Borough Treasurer is hereby established.
B. 
Compensation. The Deputy Borough Treasurer shall be compensated as established in the salary ordinance of the municipality.
C. 
Appointment; term. The Deputy Borough Treasurer shall be an at will employee of the Borough to be appointed by the Borough Manager.
D. 
Powers and duties. The Deputy Borough Treasurer shall perform duties and carry out such responsibilities assigned to the position by the Treasurer of the Borough. In addition to the powers and duties assigned to the Deputy Borough Treasurer by the Borough Treasurer, the Deputy Borough Treasurer shall, in the absence of the Borough Treasurer, perform on a temporary basis the duties of the Borough Treasurer, as determined by the Borough Manger.
E. 
Residency. Pursuant to N.J.S.A. 40A:9-1.2, a nonresident of the Borough may be appointed to the position of Deputy Borough Treasurer.

§ 45-12 Deputy Municipal Clerk.

[Added 9-9-2002 by Ord. No. 19-02]
A. 
Establishment. Pursuant to N.J.S.A. 40A:9-135, there is hereby created the position of Deputy Municipal Clerk, which shall be known as "Deputy Borough Clerk."
B. 
Appointment and term. The Deputy Borough Clerk shall be appointed by the Borough Council pursuant to N.J.S.A. 40A:9-135 and shall be an at will employee of the Borough.
C. 
Powers and duties. The Deputy Borough Clerk shall perform the duties and carry out the responsibilities assigned to the position by the Borough Clerk and shall, in the absence of the Borough Clerk, perform on a temporary basis the duties of the Borough Clerk.

§ 45-13 Qualified Purchasing Agent.

[Added 4-11-2011 by Ord. No. 01-11]
A. 
There is hereby established and created the position of Qualified Purchasing Agent in and for the Borough of Mountain Lakes.
B. 
Requirements. The person holding this position must fulfill the qualifications set forth in N.J.S.A. 40A:11-9b, meet the criteria set forth in N.J.A.C. 5:34-5.1 (a) and hold the certification of a Qualified Purchasing Agent.
C. 
Function and duties. The Qualified Purchasing Agent shall have the following functions, duties and responsibilities:
(1) 
Coordinate the purchase, in accordance with the provisions of the applicable statutes and sound purchasing practices, of goods and services for the various departments, agencies, boards and other offices of the Borough.
(2) 
Exercise the authority to join with other units of government, including state, County Board of Education and other contracting units in cooperative purchasing plans as permitted by statute and when authorized by resolution of the Borough Council.
(3) 
Recommend to the Borough Council rules and regulations governing the requisition and purchase of all goods and services, consistent with the provisions of this section and governing statutes and Administrative Code regulations.

§ 45-14 Deputy Tax Collector.

[Added 6-25-2012 by Ord. No. 09-12]
A. 
Establishment. There is hereby created the position of Deputy Tax Collector.
B. 
Appointment and term. The Deputy Tax Collector shall be appointed by the Borough Council for an indeterminate term and shall be an at-will employee of the Borough.
C. 
Powers and duties. The Deputy Tax Collector shall perform the duties and carry out the responsibilities assigned to the position by the Tax Collector and Borough Manager and shall, in the absence of the Tax Collector, perform on a temporary basis the duties of the Tax Collector.