In addition to various appointed and elected
officials, the Township has a professional staff which is appointed
pursuant to statutory authority and paid from budget appropriations
under written contracts with the community. While independent contractors,
because of the nature of their employment, they are nonetheless public
officers within the framework of the Township government. Each professional
is required to exercise the degree of expertise required by their
individual licensing requirements.
A.
Appointment. The Township Attorney shall be appointed
by the Township Committee.
B.
Term. The Township Attorney shall serve a term of
one year pursuant to N.J.S.A. 40A:9-139.
C.
Qualifications. The person appointed Township Attorney
shall be a licensed attorney within the State of New Jersey and posses
such other qualifications of ability and experience which the Township
Committee shall deem necessary to perform the duties of his or her
office.
D.
Residency. The Township Attorney need not be a resident
of the Township of Delanco.
E.
Compensation. The Township Attorney shall receive
reasonable fees and charges for legal services as are provided for
within his or her contract with the Township.
F.
Absence, disqualification or vacancy. In the event
that there is a vacancy in the position of Township Attorney, or in
the event that the Township Attorney is absent, disabled or disqualified,
or for whatever reason, the Committee shall have the power to designate
an Acting Attorney. Any action taken by this person shall be deemed
the official action of the Township Attorney.
G.
Removal. The Township Attorney may be removed from office by the Committee in accordance with the provisions of § 10-2B(1)(c) of this chapter.
H.
Duties. The Township Attorney shall be the legal advisor
to the Committee and to all administrative boards and agencies appointed
by the Committee except as may otherwise be provided by law or this
chapter. The Township Attorney shall prosecute and defend actions
by and against the Township and every department, board or agency
thereof appointed by the Committee in accordance with law. In furtherance
of these powers and without limitation thereto he or she shall:
(1)
Act as an independent contractor and employ at his
or her expense such persons as are deemed necessary to carry on the
duties prescribed for the office.
(2)
Advise the Committee as to the form and sufficiency
of all ordinances, resolutions and Township actions prior to their
occurrence.
(3)
Review and approve all contracts, deeds, documents
and instruments prior to the execution thereof by or on behalf of
the Township administration.
(4)
Conduct appeals from orders, decisions or judgment
affecting any interest of the Township as directed by the Township
Committee.
(5)
Subject to the approval of the Township Committee,
have the power to enter into any agreement, compromise or settlement
in any litigation in which the Township is involved.
(6)
Render opinions, in writing, upon any questions of
law submitted to him or her by the Committee with respect to their
official powers, duties or the powers and duties of any officer of
the Township.
(7)
Maintain a record of all actions, suits and proceedings
and matters which relate to the Township's interest and report thereof
from time to time as the Committee may require.
(8)
Conduct prosecution for crimes and offenses cognizable
before the courts of the State of New Jersey, including violation
of ordinances or citizens' complaints of any department or agency
of the Township as required under state law and violations of the
rules and regulations duly promulgated by the department, board or
agency of the Township, except where the prosecution of such crimes
and offenses is the duty of the County or Township Prosecutor.
(9)
Perform and possess such other different functions,
powers and duties as may be provided for by Township resolution, state
statute or administrative rule or regulations.
I.
Records and papers. All papers, documents, memoranda,
plans, specifications and reports, and all materials relating to the
duties of the Township Attorney, shall be and remain the property
of the Township of Delanco. The Township Attorney, upon termination
or expiration of his or her term in accordance with other sections
of this chapter, shall immediately surrender to his or her successor
all such property with a written consent to use all such materials
in the best interest of the Township of Delanco. Further, it is hereby
provided that, upon termination or expiration of the term set forth
within this chapter, the services required to be performed pursuant
to any written contract or under the provisions of this chapter or
under any other authorization by the Committee shall be deemed terminated,
and no further compensation shall be forthcoming except for the actual
services rendered to the effective date of termination or expiration.
J.
Authorization of work. The Mayor shall have the power
to authorize work by the Township Attorney to the extent that there
are funds appropriated for this service. The Mayor shall request,
prior to authorizing work, a cost estimate from the Township Attorney,
and, where the cost estimate exceeds $2,500, said estimate shall be
reduced to a written form and presented to the Township Committee
prior to authorization of the work by the Mayor.
K.
Special Counsel. Upon the advice of the Township Attorney
and to the extend that funds are available, the Mayor, with the consent
of the Committee, may appoint Special Counsel to assist with the representation
of the municipality on matters of a complex or specialized nature.
All such arrangements shall be pursuant to a written contract.
A.
Appointment. The Township Engineer shall be appointed
by the Township Committee.
B.
Term. The Township Engineer shall serve a term of
three years pursuant to N.J.S.A. 40A:9-140.
C.
Qualifications. The Township Engineer shall be a licensed
professional civil engineer with the State of New Jersey and possess
such other qualifications of ability and experience which the Township
Committee shall deem necessary to perform the duties of his or her
office.
D.
Compensation. The Township Engineer shall receive
such compensation for engineering services as is provided for within
his or her contract with the Township.
E.
Residency. The Township Engineer need not be a resident
of the Township of Delanco.
F.
Removal. The Township Engineer may be removed by the Committee in accordance with the provisions of Article I, § 10-2B(1)(c) of this chapter.
G.
Duties.
(1)
The Township Engineer shall be the engineering advisor
to the Committee and to all its departments except as may be otherwise
provided by law or this chapter. He or she shall, in execution of
his or her duties, perform all engineering services required on behalf
of the Township and every department therein. In furtherance of their
powers, but without limitations thereto, he or she shall:
(a)
Act as an independent contractor and employ
at his or her expense such persons as are deemed necessary to carry
on the duties prescribed for the office.
(b)
Perform administrative and engineering work
in the investigation, design, construction and maintenance of all
public works projects.
(c)
Supervise the preparation of such surveys of
either a topographical property line or construction nature as may
be required by the Township of Delanco.
(d)
Prepare and supervise the preparation of such
plan, sketches and blueprints as may be required by the Township Committee.
(e)
Supervise the maintenance of water and sewer
maps in accordance with the standards as are prescribed by law.
(f)
Supervise the maintenance of a road map in accordance
with standards as are established by law.
(g)
Perform all duties as may be required by a municipal
engineer by state statute.
(h)
Attend all regular, special and adjourned meetings
of the Township Committee as he or she may be required to attend by
the Township Committee.
(i)
Supervise and provide the engineering calculations,
specifications and expertise required for the purchase of materials
and equipment as directed by the Township Committee.
(j)
Perform such professional services as may be
required in connection with any capital improvement program, designated
by the Township Committee.
(k)
Be responsible for all work in connection with
the construction, reconstruction and repair of all Township roads.
(l)
Be responsible for general administration of
contracts with third parties performing work for the Township in such
instances as he or she may be directed by Township Committee.
(2)
In the performance of his or her duties or while acting
as a Township official, the Township Engineer shall in all ways coordinate
his or her activities with and through the Township Committee. The
Township Committee shall at all times be responsible for the coordination
of the Engineer's activities described above with any other department,
office, bureau, board or agency so that proper information and action
may be taken to ensure proper compliance with the ordinances of the
Township of Delanco.
H.
Records and papers. All papers, documents, memoranda,
plans, specifications and reports and all materials relating to the
duties of the Township Engineer shall be and remain the property of
the Township of Delanco. The Township Engineer shall, upon termination
or expiration of his or her term as Township Engineer, forthwith surrender
to his or her successors all such materials in the best interest of
the Township of Delanco.
I.
Other personnel. The Township Engineer shall employ
at his or her expense a licensed land surveyor who shall function
as the Township's Land Surveyor.
A.
Appointment. The Committee shall appoint the Township
Auditor.
B.
Term. The Township Auditor shall be appointed for
a one-year term or until his or her successor is appointed and qualified.
C.
Qualifications. The person appointed Township Auditor
shall be a registered municipal accountant of New Jersey and possess
such other qualification of ability and experience which the Committee
shall deem necessary to perform the duties of his or her office.
D.
Compensation. The Auditor shall receive reasonable
fees and charges for auditing services as are provided for within
his or her contract with the Township.
E.
Residency. The Township Auditor need not be a resident
of the Township.
F.
Duties of office.
(1)
Annual Audit. Pursuant to N.J.S.A. 40A:5-4, the Auditor
shall annually audit the books, accounts and financial transactions
of the municipality and every board, body, officer or commission supported
and maintained wholly or in part by funds appropriated by the Committee
unless otherwise provided by statute or regulations of the Department
of Community Affairs, Division of Local Government Services, or a
successor agency, to be made and completed within five months after
the close of the Township's fiscal year. Each Audit shall cover a
complete fiscal year (January 1 through December 31) and, in addition,
shall include a verification of all cash and bank balances as of the
date of the audit and an audit of the accounts to such date. The Auditor
pursuant to N.J.S.A. 40A:5-6 shall file the original report of his
or her audit and recommendations with the Township Clerk and shall,
within five days thereafter, file a certified duplicate copy thereof,
with his or her signature, in the office of the Director of the Division
of Local Government Services or its successor agency.[1]
(2)
Financial reports and records. The Township Auditor
shall keep abreast of all requirements of the Division of Local Finance
and advise the Township Committee on all such requirements and the
procedures needed to fulfill them. The Township Auditor shall periodically,
through reports on the financial condition of the Township, recommend
practices, procedures and records which may assist in maintaining
financial control within the community.[2]
(3)
Financial advice. When requested by the Township Committee
and when consistent with the ethics of his or her profession, the
Auditor shall advise the Committee on the fiscal affairs of the community,
make recommendations on the budget and budget procedures, advise on
investment programs and policies and generally render advice on matters
which the auditor deems appropriate.
(4)
Financial control. The Township Auditor shall periodically
review the financial practices and procedures followed by the Township's
departments, independent boards and agencies and any other part of
the Township government charged with the handling of funds and recommend
to the Township Committee action which will ensure that proper accounting
principles are employed in the Township.
(5)
Financial statements. The Township Auditor shall prepare
such financial statements, debt statements and other financial records
which the Committee shall require to properly carry out its duties.
The Township Auditor, when requested by Committee, shall testify on
behalf of the Township at hearings held on the budget, on extensions
of credit and on such other matters as the Committee shall deem appropriate.
(6)
Other. The Township Auditor shall also perform such
additional duties and render such additional services as the Committee,
by resolution or ordinance, shall prescribe.
A.
Appointment. The Township Prosecutor shall be appointed
by the Township Committee.
B.
Term. The Township Prosecutor shall serve a term of
one year pursuant to N.J.S.A. 40A:9-139.
C.
Qualifications. The person appointed as Township Prosecutor
shall be a licensed attorney within the State of New Jersey and possess
such other qualifications of ability and experience which the Committee
shall deem necessary to perform the duties of his or her office.
D.
Residency. The Township Prosecutor need not be a resident
of the Township of Delanco.
F.
Absence, disqualification or vacancy. In the event
that there is a vacancy in the position of Township Prosecutor or
in the event that the Township Prosecutor is absent, disabled or disqualified
for whatever reason, the Committee shall have the power to designate
an acting Township Prosecutor to act in the place of the Township
Prosecutor, and any action taken by this person shall be the official
action of the Township Prosecutor.
G.
Removal. The Township Prosecutor may be removed by the Committee pursuant to § 10-2B(1)(c) of this chapter.
H.
[2]Duties. It is the duty of the Township Prosecutor to prosecute on behalf of the Township of Delanco all crimes and offenses cognizable before the Municipal Court of the Township of Delanco, including violations of the Motor Vehicle and Traffic Laws (N.J.S.A. 39:1-1 et seq.); violations of Fish and Game Laws (N.J.S.A. 23:1-1 et seq.); violations of the ordinances of the Township of Delanco; violations of N.J.S.A. 2C:33-2; violations of Chapter 1 and Chapter 4 of Title 44 entitled "Poor" (N.J.S.A. 44:1-1 et seq. and N.J.S.A. 44:4-1 et seq.); violations of Chapter 6 and 17 of Title 9 entitled "Children" (N.J.S.A. 9:6-1 et seq., 9:17-4 through 9:7-6 and 9:17-38 et seq.); violations of N.J.S.A. 30:4C-1 through 30:4C-40 and offenses of a lesser grade or degree than a misdemeanor or to which no indictment by Grand Jury is required. In addition to the specific references contained therein, the Township Prosecutor shall:
(1)
Meet from time to time with local enforcement agents
within the Township of Delanco and properly advise them on procedures
and practices to bring about proper enforcement of the laws operative
within the Township of Delanco.
(2)
Advise the Township Committee as to procedures and
practices designed to bring about proper enforcement of the laws within
the community.
(3)
Perform such other duties as state statute, Township
ordinances or administrative rules and regulations may provide.
I.
Other. The Township Committee shall have the power
to provide for such other professional services as are deemed necessary
to provide proper governmental services to the residents of the Township.
All such services shall be pursuant to written contracts.
[Added 4-17-1995 by Ord. No. 6-1995]
A.
Creation. There shall be a Municipal Public Defender
of the Township of Delanco who shall be an attorney-at-law of the
State of New Jersey and shall be appointed for a one-year term to
expire December 31 of the year of his or her appointment or until
his or her successor has been duly appointed and qualified. The appointment
of the Municipal Public Defender shall be by resolution duly adopted
pursuant to the Local Public Contracts Law.[1] The Municipal Public Defender shall be appointed by the
Township Committee.
[1]
Editor's Note: See N.J.S.A. 40A11-1 et seq.
B.
Powers and duties of the Municipal Public Defender.
The Municipal Public Defender shall represent those defendants in
the Municipal Court of the Township of Delanco who the Judge of the
Municipal Court has determined are indigent and constitutionally or
otherwise entitled by law to have counsel furnished without cost.
The Municipal Public Defender shall not represent those defendants
who are indigent and are constitutionally or otherwise entitled by
law to counsel if such defendants affirmatively and with an understanding
of the waiver of such right to counsel state an intention to proceed
without counsel. The representation of the defendant by the Municipal
Public Defender shall continue through trial and, in the event of
a conviction, shall continue through sentencing and shall include
advising the defendant with respect to his or her right of appeal,
but shall not include the preparation and filing of the notice of
appeal or any other application for post-conviction relief.
C.
Cost of application for Municipal Public Defender.
(1)
Any person applying for representation by a Municipal
Public Defender shall pay an application fee from $50 to $200 as determined
by the Municipal Court.
[Amended 2-23-2004 by Ord. No. 2004-3]
(2)
The Municipal Court may waive any required application
fee, in whole or in part, if the Court determines in its discretion
that the application fee represents an unreasonable burden on the
person seeking representation.
[Amended 12-21-1981 by Ord. No. 13-1981]
A.
Appointment. Pursuant to N.J.S.A. 40A:9-1 et seq.,
there shall be a position within the Township government known as
the Township Tax Assessor. The officer serving within this position
shall be appointed to the position by the Township Committee.
B.
Term. The person appointed Tax Assessor shall hold
his or her office for a term of four years from the first day of July
next following his or her appointment.
[Amended 1-19-1998 by Ord. No. 1-1998]
C.
Qualification. No person shall be eligible to hold
the office of Tax Assessor unless that person holds a tax assessors'
certification. In accordance with the provisions of N.J.S.A. 54:1-35.25
the requirements for obtaining a tax assessors' certificate are as
follows:
(1)
A certificate or diploma issued after at least four
years of study in an approved secondary school or an academic education
considered and accepted by the Commissioner of Education as fully
equivalent; and
(2)
Graduation from a four-year course at a college of
recognized standing; or
(3)
Substitution of full-time experience in real estate
appraisal work or experience in property tax assessment on a four-year
basis; and
(4)
Such other qualifications deemed necessary by the
Township Committee for the position filled.
D.
Residency. The Tax Assessor need not be a resident
of the Township of Delanco during his or her tenure in the position
of Tax Assessor.
F.
Absence, disqualification or vacancy. In the event
that the Tax Assessor is unavailable to perform his or her duties
because of absence or disqualification or for any other reason the
office may be deemed vacant, the Township Committee shall fill the
position with a qualified applicant for the expired term or until
such time as a successor is appointed and qualified. In accordance
with N.J.S.A. 40A:9-149, in the event that there is no qualified person
appointed to the position of Tax Assessor in the Township of Delanco
on the first day of October to perform the duties of said office,
or in the event that the Tax Assessor holding said office shall neglect
or fail to assess the taxes as required by law, the Governor shall
cause notice to be given to the Committee that, unless a qualified
appointment is made within 10 days after service of said notice, he
or she will appoint an Assessor. At the expiration of the 10 days,
if the Governor shall be satisfied that said vacancy still exists,
or the tax assessments were not made, the Governor shall appoint and
commission an Assessor to perform all the duties of such office. Such
appointee shall receive the compensation provided within the Salary
Ordinance[2] for the position of Tax Assessor.
[2]
Editor's Note: The current Salary Ordinance
is on file in the office of the Township Clerk.
G.
Tenure. Pursuant to N.J.S.A. 54:1-35.31, a person,
upon reappointment to the position of Township Assessor, who has received
a tax assessor's certificate and who has served as Tax Assessor or
performed the duties of Assessor for not less than four consecutive
years immediately prior to such reappointment, shall hold his or her
position during good behavior and efficiency, notwithstanding that
such appointment was for a fixed term of years, and he or she shall
not be removed therefrom for political reasons, but only for good
cause shown and after a proper hearing before the Director or his
or her designee after due notice.
H.
Removal. A Tax Assessor may be removed during his
or her term, for just cause:
(1)
By the Director of the Division of Taxation upon the
request of the County Board of Taxation under N.J.S.A. 54:1-36, or
by the Courts on the request of the Director under N.J.S.A. 54:1-37.
(2)
By revocation of the assessor's certificate by the
Director of the Division of Taxation for specific reasons.
(3)
By the Township Committee, for the reasons set forth within Article I, § 10-2B(1)(c) this chapter.
I.
[3]Duties. A Tax Assessor's duties shall include the following:
(1)
Ascertain or cause to be ascertained names of the
owners of all real property in the taxing district.
(2)
After examination or inquiry, determine or cause to
be determined the full and fair value of each parcel of real property
at such a price as in the Assessor's judgment it would sell for at
a fair bona fide sale by private contract on October 1 next preceding
the date on which the assessment was complete.
(3)
Perform or cause to be performed all duties relating
to the office of Tax Assessor by statute and more specifically to
execute the requirements of the office as set forth in N.J.S.A. 54:4-12
and 54:4-23.
(4)
Put into effect all rules and regulations promulgated
by the County Board of Taxation or the Local Property Tax Bureau within
the Division of Taxation for the State of New Jersey and in general
to perform his or her office operations with those required by those
two regulatory bodies.
(5)
Act as head of the Office of Tax Assessor and supervise
all employees and personnel assigned to this office.
(6)
Perform such other duties as are consistent with his
or her statutory obligations required to be performed by him or her
by the Township Committee.
