Borough of Florham Park, NJ Administration of Government

There shall be elected by the voters of the Borough a Mayor and six Council members. The term of office of each shall begin at 12:00 noon on January 1 next after their election.

The Mayor shall hold office for four years and until his/her successor qualifies. Council members shall hold office for three years and until their successor qualifies, and their respective terms shall be arranged so that the terms of two Council members expire at the end of each year.

Resignation and vacancies.

Mayor and Borough Council (governing body). All vacancies occurring in the governing body shall be controlled by and filled in accordance with the provisions of N.J.S.A. 40A:16-1 et seq., the Municipal Vacancy Law.

Other elective offices. All vacancies in other elective offices shall be filled by nomination by the Mayor and appointment by him/her, by and with the advice and consent of the Council expressed by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereof except in the case of a tie.

Procedure for filling vacancies.

All vacancies occurring in any other elective office shall be filled by appointment until January 1 following the next annual election and until the election and qualification of a successor. The procedure for appointments and in case of failure to make or confirm the same shall be as provided in § 2-3B.

If a vacancy occurs at so short a period of time before the next annual election that the office cannot be filled at the election, the vacancy shall be filled in the same manner as though it had occurred immediately after the election, and the vacancy shall then be filled at the next subsequent annual election for the portion of the term, if any, as may still remain unexpired.

At the next annual election of persons elected to fill the vacancies, he/she shall be elected for the unexpired term only.

§ 2-3 Appointed officers.

Term; removal; residency. There shall be appointed a Borough Administrator, Borough Clerk, Borough Attorney, Borough Engineer, Borough Treasurer, Chief Financial Officer and such other officers as the Council may deem necessary. They shall perform the duties required by law and the ordinances of the Borough. They shall all hold office at the pleasure of the Council, unless the office holder has been tenured, and no officer shall be removed without being afforded an opportunity to be heard. Unless sooner removed, appointed officers shall hold office for one year and until their successors qualify. Except for the Borough Attorney, Auditor, Engineer, Tax Assessor, Tax Collector, members of the Police Department, Construction Official, subcode officials, Director of Public Works and any other appointed municipal officer for which residency within the Borough is not required by statute, they shall reside within the Borough.

Method of appointment; vacancies. Except as otherwise provided by the laws of New Jersey, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers directed to be appointed and fill all vacancies in appointive offices for the unexpired term only. Within 30 days after an office becomes vacant, the Mayor shall make a nomination. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then after the expiration of 30 days the Council shall appoint the officers directed to be appointed. No appointment shall be made except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for that purpose, the Mayor to have no vote thereon except in the case of a tie.

§ 2-4 Powers and duties of Mayor.

The Mayor shall have the following powers and:

The Mayor shall be the head of the municipal government and shall have all the powers granted by the laws of New Jersey and the ordinances of the Borough, including particularly those powers enumerated in N.J.S.A. 40A:60-5.

The Mayor shall preside at the meetings of the Council and its deliberations and may vote to break a tie. The Mayor shall also participate in the determination of Borough affairs to the extent permitted by statute.

The Mayor shall, on all occasions, preserve the strictest order and decorum and shall cause the removal of all persons who interrupt the orderly proceedings of the Council.

When two or more Council members shall speak at the same time, the Mayor shall name the one entitled to the floor.

The Mayor shall decide all questions of order without debate, subject to appeal to the Borough Council, and may call upon the Borough Council for its opinion upon any question of order.

The Mayor shall be an ex officio member of all Borough Council committees, boards, bodies and commissions, both standing and special, and shall be informed in advance of all meetings of these groups.

The Mayor shall serve as the liaison between the governing body and all boards, committees, agencies or organizations. The Mayor shall also appoint a Council member as liaison if the Mayor deems it appropriate and necessary.

The Mayor shall assign each Council person a portfolio of boards, commissions or committees for the purpose of supervision, coordination and reporting.

§ 2-5 Borough Council.

Composition. The Mayor and Council members of the Borough shall constitute the Council.

Meetings.

The Council shall hold an annual meeting on January 1 of each year for the purpose of reorganization, unless otherwise advertised.

The agenda and workshop meetings shall be held at the Borough Hall at 7:00 p.m.; regular meetings at 8:00 p.m., during the course of the year, according to the meeting schedule approved by the Mayor and Council at the annual meeting in accordance with the requirements of the Open Public Meetings Act.[1]

Editor's Note: See N.J.S.A. 10:4-6 et seq.

The Mayor shall, when necessary, call special meetings of the Council. In the case of the Mayor's neglect or refusal, any four members of the Council may do so.

At the annual meeting, the following order of business shall be observed:

Call to order.

Pledge allegiance to the flag.

Swearing-in of elected officials.

Roll call.

(e)

Election of Council President.

(f)

Mayoral appointments with confirmation.

(g)

Mayor's message.

At the regular meetings, the following order of business shall be observed:

Roll call.

Open Public Meetings Act announcement.

Pledge allegiance to the flag.

Approval of minutes.

Communications.

Reports.

Ordinances for final reading and passage.

(h)

Ordinances for first reading.

Resolutions.

New business.

Payment of vouchers.

Public hearing.

Adjournment.

The order of business for the annual and regular meetings may be changed by a majority vote of the members present at the meeting of the Borough Council. Every member who shall be present when the question is put to vote shall vote for or against the question or shall abstain. Such abstention shall have no effect upon the final count and shall be treated as neither affirmative nor negative.

(7)

Except as otherwise required by statute, all action of the Borough Council shall be by a majority vote of those present, except that no action may be taken with fewer than three affirmative votes.

(8)

Upon the motion of one member of the Borough Council and seconded by another member of the Borough Council, or upon request of the Mayor and seconded by a member of the Borough Council, a roll-call vote shall be taken and the yeas, nays and abstentions entered into the minutes of the meeting.

Quorum. Three Council members and the Mayor or, in the absence of the Mayor, four Council members shall constitute a quorum for the transaction of business; but a small number may meet and adjourn from time to time. (See § 2-5I.)

President of Council. By a majority vote, the Council at its annual meeting shall elect from its number a President who shall preside at all its meetings when the Mayor does not preside. The President shall hold office for one year and until the next annual meeting. He shall have the right to debate and vote on all questions before the Council. If the Council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the Council, and no confirmation by the Council shall be necessary.

Acting Mayor. If the Mayor is absent from the Borough or for any reason is unable to act, the President of the Council shall perform all duties of the Mayor during such absence or inability. If the Mayor intends to be absent from the Borough, he/she shall notify the President in writing of the intended absence, and the President shall become Acting Mayor from time he/she receives the notice until the Mayor's return. If the President is temporarily unable to act, the Council member having the longest term of service may act temporarily for the President.

Powers of the Council. The Council shall possess all the powers granted by or permissible under the laws of the State of New Jersey, including particularly those powers enumerated in N.J.S.A. 40A:60-6.

Rules of procedure.

The Council shall provide, by resolution or ordinance, rules of procedure noninconsistent with law or this code. Proceedings at all meetings shall be conducted in accordance with Robert's Rules of Order, revised, except where the Council provides otherwise by resolution or ordinance. The Attorney shall be ex officio parliamentarian and shall give his opinion on questions of procedure at the request of members of the Council.

The Mayor and Council shall permit public discussion or comment on any question or issue prior to any vote being taken on that question or issue. Said public discussion or comment shall be permitted after completion of discussion by the Mayor and Council and shall be reasonably limited to statements relative to the particular question or issue on which the vote is to be taken. If, in the opinion of the Mayor and Council, it becomes necessary to limit, delete or terminate said public discussion or comment on a question or issue, said limitation, deletion or termination shall be accomplished by a majority vote of the Council members present, on a motion to limit, delete or terminate discussion. Said motion shall not be subject to public comment or discussion.

Attendance at meetings. All regular, workshop and special meetings of the Council shall be open to the public. The Attorney, the Clerk and any other Borough officer or employee whose presence is required by resolution of the Council shall attend such meetings.

Conference meetings. The Borough Council may meet at any time in informal conferences for preliminary consideration of any Borough business, to prepare or plan agenda for its future meetings and meet with any officer or employee of the Borough or any other person. Such meetings shall be subject to the provisions of the Open Public Meetings Act, P.L. 1975, c. 231.[2] Except for meetings which are closed to the public as authorized by the Open Public Meetings Act, all conference meetings of the Council shall be open to the public.

Editor's Note: See N.J.S.A. 10:4-6 et seq.

§ 2-6 Borough Clerk and Deputy Borough Clerk.

Borough Clerk.

Duties. The Clerk shall be responsible to perform those duties as are now or hereafter imposed by the state laws or by a Borough ordinance, including those specified by N.J.S.A. 40A:9-133. The Clerk shall serve as Clerk of the Council. He/she shall attend all meetings of the Council and of the Council committees when required by the chairmembers and shall keep the minutes of the meetings of the Council and of the committees. The minutes of each meeting of the Council shall be signed by the Clerk. The Clerk serves as secretary of the Borough; Secretary to the Mayor and Council; chief administrative officer of all elections; and administrative officer responsible for licenses and permits except where statute or municipal ordinance has delegated that responsibility to some other municipal officer; assessment search officer; and information officer to the public.

Appointment/term of office.

Effective January 1, 2002, no person shall be appointed or reappointed as a Municipal Clerk unless that person holds a registered municipal clerk (RMC) certificate.

The Mayor and Council shall appoint a person to a three-year term within 90 days after the office of Municipal Clerk becomes vacant. The term begins on the actual date of appointment.

Vacancy in the office of the Municipal Clerk/Acting Municipal Clerk.

In the case of a vacancy, an appointment is made for a new term and not for the unexpired term.

Until January 1, 2002: the Mayor and Council may appoint a person who does not hold a registered municipal clerk certificate to serve as municipal clerk for an initial three-year term. After January 1, 2002: no person may be appointed or reappointed as municipal clerk who does not hold an RMC certificate.

If an RMC has been appointed as Borough Clerk prior to January 1, 2002, and then vacates the office, within 90 days of the date of the vacancy, the Mayor and Council can appoint a non-RMC as Acting Clerk for a one-year term.

With written permission from the Director of the Division of Local Government Services, the Mayor and Council may appoint an Acting Clerk for two additional one-year terms. Therefore, a non-RMC may be an Acting Clerk through January 1, 2002, provided that they have not served in the position for more than three consecutive years as of that date:

Time served as Acting Clerk may not be credit as time served as Borough Clerk for the purposes of tenure.

[3]

A Mayor and Council may not appoint someone who holds an RMC certificate as an Acting Clerk.

If the Mayor and Council fails or refuses to comply with this section, the Director may order the Mayor and Council to comply by a certain date which shall afford the Mayor and Council a reasonable time within which to comply.

Qualifications. The following are required for appointment as well as for application to take the examination for certification as registered municipal clerk (RMC):

At least 21 years of age.

Citizen of the United States.

Of good moral character.

In receipt of a high school diploma or an equivalent certificate accepted by the Commissioner of Education.

(e)

Completion of at least two years of education at a college of recognized study, which can be substituted with year-for-year full-time experience or the equivalent part-time experience in federal, state or local government performing duties relative to those performed by a Municipal Clerk.

Reappointment. The Reappointment of an incumbent Municipal Clerk within 60 days of the expiration of the prior term is considered a reappointment and shall date back to the expiration date of the initial term (for purposes of tenure).

Deputy Borough Clerk.

Position created. Pursuant to the provisions of N.J.S.A 40A:9-135, there is hereby created the position of Deputy Borough Clerk.

Appointment. The Deputy Borough Clerk shall be appointed by the Mayor with the advice and consent of the Borough Council.

Term of office. The term of office shall be a three-year term. The term shall commence on the actual date of appointment. In the event of a vacancy in the position of Deputy Borough Clerk, an appointment shall be made for a new term and not for the unexpired term.

Duties.

It shall be the duty of the Deputy Borough Clerk generally to aid and assist the Borough Clerk in the performance of his/her office in such manner as the Borough Clerk shall direct. During the absence or disability of the Borough Clerk, the Deputy Borough Clerk shall have all the powers of the Borough Clerk and shall perform the functions and duties of such office.

In addition to the duties set forth in Subsection B(4)(a), the Deputy Borough Clerk shall also, but not in limitation thereof, assist the Borough Clerk in the following functions and/or duties and perform the same, notwithstanding that they may not be functions performed by the Borough Clerk, as directed by the Borough Clerk:

Prepare all minutes required to be taken by the Borough Clerk.

Attend meetings in place of the Borough Clerk.

[3]

Process raffle applications.

[4]

Process license applications.

[5]

Answer phone.

[6]

Process mail.

[7]

General typing and assistance as directed by the Borough Clerk.

[8]

Maintenance of Borough computer systems and website.

Ordinances and resolutions.

The Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance, he/she shall record and certify the proof of its publication as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was adopted on a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify shall not impair or affect the validity of an ordinance which has been duly adopted.

Periodically, as determined by the Council, the Clerk shall compile at least two copies of all ordinances that have been adopted since the previous code book revision or supplement and forward them to a company selected by the Council to prepare a new supplement or revision to the Borough Code Book.

The Clerk shall compile annually, in the order of their adoption, all resolutions adopted by the Council during the year and shall preserve them.

Custodian of records. The Clerk shall have the custody of and safely keep all records, books and documents of the Borough except those committed by ordinance, to any other office, by resolution or by law. On request and on the payment of the fees prescribed therefor, the Clerk shall furnish a certified copy of any paper in his/her custody under the Corporate Seal of the Borough.

Corporate Seal. The Clerk shall cause the Corporate Seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to exemplify any document on record in his/her office, or to certify any act or paper which form the records in his/her office shall appear to have been a public act of the Borough or a public document.

Insurance; surety bonds; contracts. Subject to the supervision of the Council, the Clerk shall:

Be the depository for and the custodian of all official surety bonds furnished by or on account of any officer or employee, except his/her own bond which shall be placed in the custody of the Treasurer, of all insurance policies on or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability; and of all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.

Be the depository for and the custodian of all performance bonds running to the Borough as obligee or any other form of security given by a contractor, subdivision developer or other persons on account of work done or to be done in or for the Borough.

Have custody of all leases, titles and deeds of property owned by the Borough.

Report to the Council annually, at such times as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.

Administrative rules and regulations; filing and publication. The Clerk shall maintain a current compilation of all rules and regulations, which shall be available for public inspection in his/her office during business hours. No rule or general regulation made by a department, officer, agency or authority of the Borough, unless it relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the Clerk.

Other laws and ordinances. In addition to other functions, powers and duties prescribed by ordinance and subject to the supervision and direction of the Council, the Clerk shall:

Perform all the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.

Administer the provisions of Borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.

Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him/her by the Council.

§ 2-7 Administrative organization.

Committees; officers; boards; bodies and commissions.

Pursuant to the authority of N.J.S.A. 40A:60-7b, there are hereby established the following standing committees:

(Reserved)[1]

Editor’s Note: Former Subsection A(1)(a), Trustees of the Free Public Library, was repealed 4-30-2012 by Ord. No. 12-3. See now § 2-35.

Municipal Alliance Committee.

[Amended 6-15-2010 by Ord. No. 10-10]

Capital Improvement Committee.

Community TV Committee.

(e)

Airport Advisory Committee.

(f)

Gazebo Committee.

(g)

Construction Board of Appeals.

(h)

Housing Committee.

(i)

Public Information Committee.

(j)

Any other committee, officer, board, body or commission deemed necessary by the Mayor and Council.

Appointment.

The Mayor shall appoint the members of all committees, boards, bodies and commissions, as well as the Council liaison to each, at the annual meeting, with the advice and consent of the Council, and shall see that all matters referred to these groups are acted upon and reported promptly to the Council.

In the case of death, resignation, removal from the office or incapacity to serve of any committee Chairperson or member, the Mayor shall name the successor Chairperson of the Committee.

The Mayor shall, at any time, change existing committee assignments and Chairperson if the Mayor deems it to be in the best interest of the Borough.

The Chairperson of each standing committee shall be prepared to report to the Mayor and Council at each regular meeting on the work of his/her committee. The Chairperson shall also prepare and submit a written annual report to the Mayor and Council as of the last meeting of each year.

Duties and powers of committees.

Standing committees are appointed to expedite and facilitate the work of the Council, but the entire Council is accountable for any and all of its acts.

The general duties, powers and functions of a standing committee shall be to:

Administer the activities and matters for which it has been given responsibility.

Perform such additional acts and duties as may be assigned to it by the Mayor and Council.

[3]

Report and make recommendations to the Council concerning activities and matters assigned to it.

No standing committee shall have the power to make promises or commitments which directly or indirectly bind the Council or to act in such a manner or make decisions which set precedent or violate established Council policy.

The Mayor may appoint special committees and the Chairperson of such committees for purposes other than those included in the duties of the standing committees with the advice and consent of the Council. The Chairperson of such special committee shall be prepared to report to the Mayor and Council on the work of his committee and shall submit a written annual report not later than the last meeting of the year.

Boards and bodies. There shall be the following boards and bodies in the Borough of Florham Park:

Municipal Court (see Chapter 16).

Planning Board (see Chapter 42).

Zoning Board of Adjustment (see Chapter 62).

Board of Health (see Chapter 29).

Board of Recreation Commissioners (see Chapter 50).

(6)

Sewerage Authority (see Chapter 58).[2]

Editor's Note: The Sewerage Authority was dissolved 2-17-2009 by Ord. No. 09-2, and its operations and activities were transferred to the Borough. See also § 2-34, Sewer Utility Committee, and Ch. 193, Sewers, Art. II, Sewer Utility. Former Ch. 58, Sewerage Authority, was repealed 12-16-2008 by Ord. No. 08-40.

(7)

Historic Preservation Commission (see Chapter 31).

(8)

Environmental Commission (see Chapter 32).

Expenditures. The Chairman of each committee may approve expenditures relating to his/her department in an amount not exceeding $500, subject to approval by Council at it next meeting.

§ 2-8 Borough Administrator.

(See Chapter 4.)

§ 2-9 Chief Financial Officer.

(See Chapter 11.)

§ 2-10 Tax Collector.

The Tax Collector shall possess all the powers and duties established by law. The Collector shall enter in suitable books to be kept for that purpose the sums received by him/her each day for taxes, with the names of the persons on whose account the same shall have been paid; shall keep a record and account of the finances of the Borough; and shall, within 60 days after the end of the fiscal year, or when otherwise required by the Council, make and furnish a report thereof with a detailed and true statement of all moneys received by him/her and disbursed therefrom and for what purposes, from the commencement of his/her official year to the date of his/her report, or for such period as the Council may require, a list of delinquent taxpayers for the previous year. He/she shall file the report, with two copies of the statement and list of delinquents, with the Clerk within the time hereinafter specified or when otherwise required by the Council. He/she shall, as necessary and as directed, arrange for any sales of real estate for delinquents taxes.

§ 2-11 Tax Assessor.

(See Chapter 8.)

§ 2-12 Police Department.

(See Chapter 46.)

§ 2-13 Fire Department.

(See Chapter 25.)

§ 2-14 Department of Community Services.

[Amended 6-20-2006 by Ord. No. 16-06; 12-16-2008 by Ord. No. 08-40]

Department established; Director of Community Services. There shall be within the Borough government a Department of Community Services, the head of which shall be the Director of Community Services.

Division of the Department. Within the Department shall be the Water Utility, the Sewer Utility, the Division of Code Administration, the Pool Utility, and such other divisions as may be approved from time to time by the governing body.

The Pool Utility shall be considered under the supervision of the Recreation Department and its Director with regard to the coordination of services and programs. In all other aspects and operationally, the Pool Utility shall be under the supervision of the Department of Community Services and its Director.

Division of Code Administration; functions. The function of the Division of Code Administration shall be to coordinate activities and enforcement of all property-related codes of the Borough, including property maintenance, construction, and any related codes, ordinances and regulations. The Division shall include the Construction Code Enforcement Agency as described by state statute and ordinances of the Borough. All code and subcode officials shall be appointed pursuant to state statute and regulations, and their terms and duties are fixed pursuant thereto. See Chapter 103, Construction Codes, Uniform. The head of the Division of Code Administration shall be the Construction Code Official, who shall report to the Director.

Other functions within the Department. Other functions within the Department may be designated from time to time by action of the governing body. These may include, but are not limited to, providing administrative services to the Planning Board, the Zoning Board of Adjustment, the Construction Code Appeals Board, and such other boards or committees as the governing body may create or designate.

Director of Community Services; responsibilities.

The Director of Community Services shall be responsible for management of the Department, its employees, facilities and equipment, including assigning tasks and functions within the various divisions and to the various employees of the Department. Notwithstanding the outlines of functions contained in this section in assigning functions and tasks, the provision of services to the community shall be of paramount concern, without regard to formal or previous organizational structure.

The Director shall also serve as the Assistant Administrator for the Borough and shall report to the Borough Administrator, who may assign tasks and responsibilities to the Director.

The Director shall serve as the Purchasing Agent for the Borough and shall be responsible for performing all of the duties and responsibilities of that position as required by state law.

The Director shall also be responsible for oversight and management of the following contract services for the Borough: recycling, radio repair, water chemicals, computer services, telephone services, fire extinguishing services.

The Director shall be responsible for oversight of all Borough construction projects, in conjunction with the Borough Engineer and the Construction Official.

§ 2-15 Borough Engineer.

[Amended 10-17-2006 by Ord. No. 27-06; 12-16-2008 by Ord. No. 08-40]

Appointment; term. There shall be a Borough Engineer appointed by the Council for a term of three years. The Borough Engineer shall receive such compensation as may be agreed upon and determined by the Council. He/She shall be a duly licensed professional engineer of the State of New Jersey but need not be a resident of the Borough.

Duties. The Borough Engineer shall perform the duties prescribed by general law and ordinance and, as authorized by the Council, shall serve as the engineering consultant for the Planning Board and the Zoning Board of Adjustment. The Borough Engineer shall be the head of the Engineering Department and shall be responsible for the duties and operations of that Department.

Department of Engineering functions. The function of the Department of Engineering shall be to provide for the design, construction and repair of Borough infrastructure and for the provision of technical information and services to the Borough government, including supervision of engineers (staff or contract), technicians, and contractors hired by the Borough, and such other duties and responsibilities as may be assigned by the governing body.

§ 2-16 Department of Public Works. [1]

[Added 12-16-2008 by Ord. No. 08-40

Functions.

The function of the Department of Public Works shall be to furnish services within the Borough, including, but not necessarily limited to, construction and/or maintenance of streets, drainage, storm sewers, parks and shade trees, public buildings and grounds, public equipment, vehicle maintenance, collection and disposal of vegetative waste, and such other services as may be approved by the governing body. The head of the Department of Public Works shall be the Director of Public Works.

The Department of Public Works shall be organized into three sections which include Roads, Buildings and Grounds, and Vehicle Maintenance, with workers assigned to each section as needed to accomplish Department goals and objectives. The supervisors within the sections shall be superintendents, supervisors and foremen, who shall report to the Director.

Editor's Note: Former § 2-16, Building Department, was repealed 6-20-2006 by Ord. No. 06-16. See now § 2-14D.

§ 2-17 Borough Attorney; Municipal Prosecutor.

Appointment. The Borough Attorney shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. He/She shall be an attorney at law of New Jersey, but need not be a resident of the Borough. The Attorney shall receive a retainer and in addition shall be paid reasonable fees and charges.

Powers and duties. Except as provided in Subsection C below, the Attorney shall give all legal counsel and advice required by the Council or any member thereof and shall in general serve as the legal advisor to the Council on all matters of Borough business. He/She shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies may be a party or have an interest. In furtherance of his/her general powers and duties, but without limiting them, the Attorney shall:

Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.

Prosecute and defend litigation involving the Borough and conduct appeals from orders, decisions or judgments affecting any interest of the Borough.

With the approval of the Borough Council, compromise or settle litigation in which the Borough is involved.

Render opinions in writing upon questions of law submitted to him/her by the Council or any member thereof with respect to their official powers and duties.

Supervise and direct the work of additional attorney and technical and professional assistants which the Council may authorize for special or regular employment in or for the Borough.

Municipal Prosecutor. At the discretion of the governing body, a Municipal Prosecutor may be appointed as a position separate from that of the Borough Attorney to represent the Borough on all Municipal Court matters or any other matters in which the Borough may need someone to prosecute charges. The manner of appointment, term of appointment and qualifications for the position shall be the same as for Borough Attorney. The Prosecutor shall be paid reasonable fees and charges.

§ 2-18 Municipal Court.

(See Chapter 16.)

§ 2-19 Planning Board.

(See Chapter 42.)

§ 2-20 Zoning Board of Adjustment.

(See Chapter 62.)

§ 2-21 Board of Health.

(See Chapter 29.)

§ 2-22 Recreation Department.

[Amended 12-19-2000 by Ord. No. 31-00]

(See Chapter 50.)

§ 2-23 Municipal Public Defender.

(See Chapter 19.)

§ 2-24 Historic Preservation Commission.

(See Chapter 31.)

§ 2-25 Environmental Commission.

(See Chapter 32.)

§ 2-26 (Reserved) [1]

Editor's Note: The Sewerage Authority, formerly referenced in this § 2-26, was dissolved 2-17-2009 by Ord. No. 09-2, and its operations and activities were transferred to the Borough. See also § 2-34, Sewer Utility Committee, and Ch. 193, Sewers, Art. II, Sewer Utility.

§ 2-27 Zoning Enforcement Officer.

(See Chapter 250.)

Establishment. The office of the Zoning Enforcement Officer of Florham Park is hereby established.

Appointment; term; vacancy. Appointments to the office of the Zoning Enforcement Officer shall be made by the Mayor with the advice and consent of the Council. The term of office shall be one year, but the first term shall commence upon the effective date of this chapter and shall expire December 31 of the same year. Thereafter, every appointment shall be made for the calendar year. A vacancy for the office shall be filled for the unexpired term only.

Duties. The Zoning Enforcement Officer shall:

Enforce the Zoning Ordinance and Property Maintenance Code of the Borough of Florham Park and have all the powers, functions and duties prescribed by general law and ordinances, and as further provided in the Zoning Ordinance (Chapter 250) and Property Maintenance Code (Chapter 188).

Keep a record of his/her proceedings and a complaint book, all of which shall be subject to inspection; report monthly to the Council the number of zoning violations, summonses issued and action taken. (See §§ 250-6 and 188-28.)

§ 2-28 Emergency Management Coordinator.

Duties. The Emergency Management Coordinator shall coordinate and manage any crisis or disaster in the Borough and act as liaison to the Morris County Regional Emergency Deployment System (MCREDS).[1] (Reference also State of New Jersey Department of Law and Public Safety, Division of State Police, Directive 61, dated 11-19-1986, and Directive 102, dated 7-24-1987 and revisions of same.)

Editor's Note: See Ch. 35, Mutual Aid Agreements, Art. I, Regional Emergency Deployment System.

§ 2-29 Mayor's Advisory Council.

[Added 2-17-2004 by Ord. No. 1-04]

Pursuant to the authority of N.J.S.A. 40A:60-7d, there is hereby established a Mayor's Advisory Council.

Appointment. The Mayor shall appoint the members of the Mayor's Advisory Council from among the residents of the Borough and others who may be able to offer useful advice, each for a term of one year.

Meetings. The Mayor shall consult with individual members and convene meetings of all of the members of the Mayor's Advisory Council at his discretion.

Matters referred to Council. The Mayor shall seek advice and counsel from the Mayor's Advisory Council, and refer to the Mayor's Advisory Council those matters that he or she determines to be necessary and appropriate, at his or her sole discretion.

§ 2-30 Personnel Committee.

[Added 7-20-2004 by Ord. No. 10-04]

Pursuant to the authority of N.J.S.A. 40A:60-7(d), there is hereby established a Personnel Committee.

Appointment. The Mayor, with the advice and consent of the Council, shall appoint up to five members to the Personnel Committee from among the residents of the Borough and others who have experience in management and/or human resources that enables them to offer useful insight and advice, each for a term of one year. The Mayor shall serve as an ex officio member of the Personnel Committee.

Matters referred to Committee. The Mayor and Council shall seek advice and counsel from the Personnel Committee, and refer to the Personnel Committee those matters that they determine to be necessary and appropriate with respect to the Borough's Personnel Manual and personnel policies.

§ 2-31 Recreation Committee.

[Added 5-16-2006 by Ord. No. 11-06]

There shall be established a Recreation Committee, which shall be responsible for recommending goals and objectives for the Borough's recreational programs and recommending policies and procedures, and updating the Recreation Master Plan on an annual basis. The Committee shall advise the governing body as to the recreational needs of the Borough and shall report as to all activities to the Mayor and Council on at least a quarterly basis.

The members of the Recreation Committee shall be appointed by the Mayor, with the advice and consent of the Council, from among the residents of the Borough, with the exception of the Borough’s Recreation Director, who shall serve as a member of the Committee and not be required to be a Borough resident. There shall be nine members appointed to the Committee. The members of said Recreation Committee shall hold office as follows: four members shall be appointed for terms of two years; five members shall be appointed for terms of one year. After the expiration of the term of the five members that were appointed for a one-year term, each member of the Committee shall be appointed to serve for two years from the day of appointment until his or her successor is duly appointed and has qualified. Any vacancy occurring during the term of any of the members shall be filled for the unexpired term in the same manner as the original term.

[Amended 2-20-2007 by Ord. No. 07-5]

A Chairman of the Committee shall be appointed by the Mayor and Council for a one-year term.

The members of said Recreation Committee shall receive no salary or other compensation for their services.

The Recreation Committee shall meet at least once per month. Minutes of all meetings of each Committee shall be kept. The Secretary of the Committee shall prepare and maintain said minutes, and submit a copy of the Mayor and Council.

§ 2-32 Grants Committee.

[Added 6-19-2007 by Ord. No. 07-13; amended 9-18-2007 by Ord. No. 07-22]

Pursuant to the authority of N.J.S.A. 40A:60-7d, there is hereby established a Grants Committee.

Membership. The Grants Committee shall be comprised of the Borough Administrator, the Director of Community Services, the Chief of Police or his designee, and five members to be appointed by the Mayor with the advice and consent of the Council.

Appointment. The Mayor shall nominate the members of the Grants Committee from among the residents of the Borough and others who may have relevant experience or education that would enable them to offer assistance, each for a term of one year commencing on January 1 of each year, except for the initial members, who shall be appointed for the remainder of the calendar year in which they are appointed.

The Grants Committee shall hold meetings as the members deem necessary and shall undertake all efforts deemed by the membership to be necessary and appropriate to assist the Borough in researching and applying for grant monies and other funding for Borough projects and activities. The Grants Committee shall make recommendations to the governing body regarding the application for grants and, when authorized by the governing body, shall be responsible for the preparation of grant application forms and shall coordinate the filing of applications for grants with appropriate Borough personnel and officials.

The Grants Committee shall cooperate with and coordinate its efforts with the Open Space Committee and the Environmental Commission in connection with any application for a grant for the purchase of land by the Borough.

§ 2-33 Pool Committee.

[Added 10-28-2008 by Ord. No. 08-33]

There shall be established a Pool Committee, which shall be responsible for making recommendations to the governing body as to the operation of and strategic planning for the Municipal Pool. The Committee shall advise the governing body as to the needs of the pool members and the community and shall report as to its activities on at least a quarterly basis.

The members of the Pool Committee shall be appointed by the Mayor, with the advice and consent of the Council, from among the residents of the Borough who are members in good standing of the Municipal Pool. There shall be five members of the Committee, each to be appointed to serve a one-year term.

A Chairman of the Pool Committee shall be appointed by the Mayor for a one-year term.

The members of the Pool Committee shall hold meetings as the members deem necessary.

§ 2-34 Sewer Utility Committee.

[Added 2-17-2009 by Ord. No. 09-4]

There shall be established a Sewer Utility Committee, which shall be responsible for making recommendations to the governing body as to the operation of and strategic planning for the Sewer Utility. The Committee shall report to the governing body as to its activities on at least a quarterly basis.

The members of the Sewer Utility Committee shall be appointed by the Mayor, with the advice and consent of the Council. There shall be five members of the Committee, each to be appointed to serve a one-year term.

A Chairman of the Sewer Utility Committee shall be appointed by the Mayor for a one-year term.

The members of the Sewer Utility Committee shall hold meetings as the members deem necessary.

§ 2-35 Trustees of Free Public Library.

[Added 4-30-2012 by Ord. No. 12-3]

Pursuant to N.J.S.A. 40:54-1 et seq. of the statutes of the State of New Jersey, the Board of Trustees of the Free Public Library of the Borough of Florham Park may consist of from seven to nine members.

The composition of the Board shall be as follows:

The Mayor of the Borough or his/her designee;

The Superintendent of Florham Park schools, or his/her designee;