Township of Harding, NJ Article III Township Officials

§ 7-17 Township Clerk. [1]

A. Appointment; term of office. There shall be a Township Clerk appointed by the Township Committee for a term of three years as per N.J.S.A. 40A:9-133.

[Amended 3-12-1990 by Ord. No. 1-90; 11-17-2010 by Ord. No. 15-10]

B. Powers and duties. The Township Clerk shall:

(1) Perform all of the functions required of municipal clerks by the General Election Law,[2] as amended and supplemented, and by any other state law or Township ordinance and receive the fees prescribed therefor for the use of the Township.

[2] Editor's Note: See N.J.S.A. 19:1-1 et seq.

(2) Keep all records, resolutions, ordinances and minutes of the meetings of the Township Committee.

(3) See to it that all ordinances and notices of the Township are properly advertised.

(4) Take care of all of the correspondence of the Township and of the Township Committee.

(5) Issue all licenses required by law or ordinance and faithfully make all reports required by law or ordinance to the Township Committee and account monthly for all fees received by him.

(6) Until such time as a separate Alcoholic Beverage Control Board may be established pursuant to law, issue such licenses as may be authorized by the Township Committee pursuant to the State Alcoholic Beverage Control Law (N.J.S.A. 33:1-1 to 33:4-1), as amended and supplemented, as well as the ordinances of the Township.

(7) Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance.

[1] Editor's Note: Original § 5-13, Mayor, which immediately preceded this section, is now found at § 7-7.

§ 7-18 Tax Collector.

A. Appointment; term of office. The Tax Collector shall be appointed by the Township Committee. The person shall hold office for a term of four years commencing at 12:00 noon on January 1 of the year next following his appointment.

[Amended 3-12-1990 by Ord. No. 1-90][1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Powers and duties. The Tax Collector shall:

(1) Perform the functions of a Tax Collector under general law, including, without limitation thereto, the preparation and mailing of tax bills, enforcement of tax collections by tax sales and otherwise and the maintenance of tax accounting records in such manner as may be prescribed or approved pursuant to ordinance; and, in furtherance thereof, install and administer tax bill forms which include a bill for the first two quarters of each year with the bill for the final half of the preceding year.

(2) Receive and collect all current and delinquent real and personal property taxes and charge and receive penalties and interest pursuant to law.

§ 7-19 Tax Assessor.

A. Appointment; term of office. The Tax Assessor shall be appointed by the Township Committee. He shall hold office for a term of four years, commencing at 12:00 noon on July 1 next following his appointment.

[Amended 3-12-1990 by Ord. No. 1-90][1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Powers and duties. The Tax Assessor is charged with the duty of assessing real and personal property for taxation.

§ 7-20 Township Attorney.

A. Appointment. A Township Attorney may be appointed by resolution of the Township Committee to hold office until the first day of January next following his appointment and until his successor is appointed and qualified.

B. Powers and duties. The Township Attorney shall be the legal advisor to the Township Committee, and to all departments except as provided otherwise by ordinance. He shall prosecute and defend actions and proceedings by and against the Township. In furtherance of these general powers, and without limitation thereto, he shall:

(1) Advise the Committee as to the form and sufficiency of all ordinances and resolutions prior to their passage.

(2) Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the Township.

(3) Conduct appeals from orders, decisions or judgments affecting any interest of the Township, as he may in his discretion determine to be necessary or desirable, or as directed by the Committee.

(4) Subject to the approval of the Committee, have the power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.

(5) Render opinions, in writing, upon any question of law submitted to him by the Committee with respect to its official powers and duties, or the power and duties of any official of the Township.

(6) Maintain a record of all actions, suits, proceedings and matters which relate to the Township's interests, and report thereon from time to time as the Committee may require.

(7) In addition to the above powers, conduct prosecutions for crimes and offenses cognizable by the Municipal Court of the Township except such crimes and offenses as it may be the duty of the County Prosecutor to prosecute, including violations of ordinances of the Township, complaints of any department under state law and for violations of rules or regulations duly promulgated by any department.

(8) Have such other and different functions, powers and duties as may be provided by ordinance.

C. Special counsel. Whenever the Township Committee deems the interests of the Township to so require, it may on its own or at the recommendation of the Township Attorney appoint special counsel to do such jobs as it shall assign to him. If the Township Attorney should be disqualified with respect to any matter, the Committee, on its own or at the recommendation of the Township Attorney, shall appoint special counsel to represent the Township for and with respect to such matter.

D. Records and papers. All papers, documents, memoranda, reports and all other materials relating to its legal affairs shall be and remain the property of the Township. Upon the termination of his services with the Township, the Township Attorney shall forthwith surrender to his successor all such property, together with a written consent to substitution of any successor in all legal actions and proceedings then pending, to which the Township is a party.

§ 7-21 Prosecutor.

[Added 3-11-1996 by Ord. No. 2-96]

The position of Prosecutor is hereby established in and for the Township of Harding. The Harding Township Committee may, by resolution, appoint a Township Prosecutor. The Municipal Prosecutor shall be licensed to practice law in the State of New Jersey and shall serve for a one-year term and until his successor is appointed and qualified. The Township Prosecutor shall have the same qualifications required of the Township Attorney and the appointee shall have the power and duty of conducting the prosecutions as set forth in § 7-20B(7).

§ 7-22 Public Defender.

[Added 3-11-1996 by Ord. No. 2-96][1]

The position of Public Defender is hereby established in and for the Township of Harding. The Harding Township Committee may, by resolution, appoint a Public Defender. The Public Defender shall be licensed to practice law in the State of New Jersey and shall serve for a one-year term and until his successor is appointed and qualified. The Public Defender shall have the same qualifications required of the Township Attorney.

A. Powers and duties. The duties of the Public Defender shall be to defend all cases within the jurisdiction of the Court brought against indigent defendants in the Municipal Court of the Township of Harding, whenever such defendants are entitled to such representation by law or whenever such representation is deemed necessary or desirable in the interest of justice and in the discretion of the Judge of the Municipal Court. In every instance, the Public Defender shall be assigned to each case by order of the Court.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 7-23 Township Engineer.

A. Appointment. A Township Engineer may be appointed by resolution of the Township Committee to hold office for a term not exceeding three years from the first day of January in the year in which he is appointed, and until the appointment and qualification of his successor.

B. Powers and duties. The Township Engineer shall give advice to the Committee and various other departments of the Township with respect to all engineering matters.[1]

[1] Editor's Note: Original Section 2-3.7 of the 1967 Revised General Ordinances, Building Inspector, which immediately followed this section, was repealed 12-30-1976 by Ord. No. 12-76.

§ 7-24 Zoning Officer.

A. Appointment. A Zoning Officer may be appointed by resolution of the Township Committee to hold office until the first day of January next following his appointment and until his successor is appointed and qualified.

B. Powers and duties. The Zoning Officer is charged with the enforcement of the zoning regulations. (See Chapter 225.)

[Amended 2-4-1985 by Ord. No. 2-85][1]

[1] Editor's Note: Original Section 2-3.9 of the 1967 Revised General Ordinances, Plumbing Inspector, which immediately followed this section, was repealed 12-30-1976 by Ord. No. 12-76. Original § 5-20, Treasurer, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 7-25 Auditor.

A. Appointment. An Auditor who holds an uncanceled license as a registered municipal accountant of New Jersey shall be authorized by the Township Committee to make an annual audit of the Township's books, accounts and financial transactions, such audit to be completed within five months after the close of the Township's fiscal year and in accordance with the Local Fiscal Affairs Law (N.J.S.A. 40A:5-1 to 40A:5A2), as amended and supplemented.

B. Scope of audit. Each audit shall embrace the books, accounts and transactions of the Township and every board, body, officer or commission supported and maintained wholly or in part by funds appropriated by the local unit, unless otherwise provided by statute or regulations of the Board. Each audit shall cover a complete fiscal year and, in addition, shall include a verification of all cash and bank balances as of the date of the audit thereof and an audit of the accounts to such date.

§ 7-26 Deputy Township officials.

[Added 10-14-1969 by Ord. No. 3-69; amended 12-30-1971 by Ord. No. 9-71]

A. Appointment. A Deputy Township Clerk, Deputy Tax Collector, Deputy Tax Assessor, Deputy Zoning Officer and Deputy Plumbing Inspector may be appointed by resolution of the Township Committee.

B. Powers and duties. In the event of the absence, sickness or other disability of the official for whom each is deputy, each deputy official shall have all the powers and perform all of the duties of said official. Each deputy official shall also perform such other duties as may be designated from time to time by resolution of the Township Committee.

§ 7-27 Administrators of Planning Board and Zoning Board of Adjustment.

[Added 2-4-1985 by Ord. No. 2-85; amended 9-5-2001 by Ord. No. 17-01]

A. Appointment of Board Administrators. The Township Committee may appoint an Administrator to serve the Planning Board and an Administrator to serve the Board of Adjustment, to hold office until the first day of January next following his or her appointment and until his or her successor is appointed and qualified.

B. Powers and duties. The Board Administrators are charged with the responsibility of supervising and coordinating the administration of the Planning Board and Board of Adjustment, respectively.

§ 7-28 Township Administrator.

[Added 7-7-1986 by Ord. No. 6-86]

A. Preamble. The day-to-day demand of the administrative and governmental affairs of the Township upon the time of the Township Committee has grown to the extent that it has become increasingly difficult to devote adequate time to the proper discharge of such duties; and a proper regard for the public interest in economical and efficient administration of the Township business requires the creation of a position which will furnish to the Township Committee necessary assistance in the prompt day-to-day management of the administrative affairs of the Township Committee, coordination of the activities of the various departments within the municipality and assistance in planning and supervising the execution of the Township Committee work in those areas where a continuous and sustained effort is required.

B. Creation of positions. Pursuant to N.J.S.A. 40A:9-136 et seq., there is hereby created the position of Township Administrator.

C. Appointment; compensation. The Township Administrator shall be appointed by the majority vote of the Township Committee and shall hold office at the pleasure of the governing body of the Township. The compensation of the Township Administrator shall be fixed by resolution of the Township Committee in accordance with the applicable Salary Ordinance.[1]

[1] Editor's Note: A copy of the latest Salary Ordinance may be obtained at the Township Clerk's office.

D. Removal from office. The Township Administrator may be removed by a 4/5 vote of the entire Township Committee, the resolution of removal ordinarily to become effective three months after its adoption. The Township Committee may provide, however, that the resolution shall have immediate effect, provided that there shall be paid to the Administrator forthwith any unpaid balance of his salary and his salary for the next three calendar months following the adoption of the resolution, unless the cause of such removal is the result of the conviction of said Administrator of an indictable offense of a subject matter relating to his employment.

E. Participation in political campaigns within the Township. The Township Administrator shall not engage in any organized political campaigns within the Township, or any other political activity which might interfere with his effectiveness in serving the Township.

F. Residency requirements. The Township prefers that the Administrator become a resident of the Township within a reasonable period after his appointment and remain a resident of the Township while so employed; provided, however, that said Administrator shall not be required to reside within the Township of Harding.

G. Qualifications required. The Township Administrator shall be chosen on the basis of his executive and administrative abilities and qualifications with special regard to education, training and previous experience.

H. Duties and responsibilities of the Township Administrator. The Township Administrator shall, under the supervision and control of the Township Committee, perform such duties as may be requested from time to time other than those required by law to be exercised by the Township Committee itself or by another officer or body, and to the extent not prohibited by law. Such duties and responsibilities shall include, but not be limited to, coordination of operations, activities and administration of the departments, divisions, offices, boards and agencies of the Township government; exchanging and disseminating information; and generally advising and consulting with the Township Committee without infringing upon the lawful powers and duties of other officers, boards and departments. In addition, the Administrator shall have the following specific duties and responsibilities:

(1) To serve as chief administrative officer of the Township.

(2) To attend all meetings of the Township Committee as required, with the right to participate in all discussions, but without the right to vote.

(3) To advise the Township Committee on policy decisions.

(4) To execute all laws of the State of New Jersey and execute ordinances and resolutions of the Township, subject to the direction of the Township Committee.

(5) To recommend appointment of, discipline of and dismissal of all Township employees subject to confirmation or approval by the Township Committee.

(6) To negotiate contracts subject to the approval of the Township Committee.

(7) To make recommendations concerning the nature and location of Township improvements determined by the Township Committee.

(8) To recommend to the Township Committee the adoption of such measures as he, the Administrator, may deem necessary or expedient.

(9) To represent the Township in its relations with the federal government, state, county and other municipalities and assess the Township's interest in contracts, franchises and other business transactions.

(10) To make reports to the Township Committee, including a monthly financial report and, at the close of the year, an annual report of the Township's governmental activities.

(11) To investigate the affairs of any officer or department at the initiation of the Township Committee and report to the Committee on the work of all departments.

(12) To receive and reply to all inquiries and complaints concerning Township business, provide information and assistance in respect thereto and, in addition, review and suggest a method for handling and following up on all requests for information.

(13) To establish and maintain effective personnel practices and maintain appropriate records of all employees.

(14) To carry out all policies established by the Township Committee.

(15) To prepare the annual operating and capital budgets, in consultation with department heads, and submit them to the Township Committee at a date and in accordance with procedures established by the Committee.

(16) To provide for the custody and deposit of all moneys.

(17) To supervise the disbursement of all Township funds and approve all vouchers and bills before submitting the same to the Township Committee for final approval.

(18) To analyze the cash needs of the Township and recommend prudent investment of such funds as temporarily may be in excess of the amount needed to meet Township obligations, such duties to be discharged in consultation with the Chief Financial Officer.

(19) To develop procedures for the purchase of materials, supplies and equipment and purchase, store and distribute all supplies, materials and equipment and control all storerooms and stockrooms.

(20) To act as Township purchasing agent. In such capacity, he shall purchase, in accordance with the provisions of the governing statutes and generally accepted purchasing practices, all supplies and equipment for the various agencies, boards, departments and other offices of the Township.

(21) To maintain a continuing review and analysis of budget operations, work programs and cost of municipal services.

(22) To delegate to any department head such of his powers as he may deem necessary for efficient administration.

(23) To implement and enforce the policy of the Township Committee with respect to the compiling and release of public information.

(24) To keep the Township Committee informed as to federal aid projects and state aid projects and any other aid programs for which the Township may qualify.

(25) To perform such other duties as may be required by ordinance, resolution or direction of the Township Committee.

I. Position of Administrator to be full-time. The Township Administrator shall devote full time to the interests of the Township.

§ 7-28.1 Assistant Township Administrator.

[Added 3-9-2015 by Ord. No. 02-15]

The position of Assistant Township Administrator is hereby established in and for the Township of Harding. An Assistant Township Administrator shall be appointed by resolution of the Township Committee to hold office at the pleasure of the Township Committee. The compensation of the Assistant Township Administrator shall be fixed by resolution of the Township Committee in accordance with the applicable salary ordinance. The Assistant Township Administrator shall perform such duties as may be required by ordinance or resolution or by the direction of the Township Committee or Township Administrator.

§ 7-29 Chief Financial Officer.

[Added 9-11-1989 by Ord. No. 8-89]

The position of Chief Financial Officer is hereby established in and for the Township of Harding. The Harding Township Committee shall, by resolution, appoint as Chief Financial Officer a person who is qualified as a certified municipal finance officer and who holds a municipal finance officer certificate issued pursuant to the provisions of P.L. 1971, c. 39, and P.L. 1988, c. 110 (N.J.S.A. 40A:9-140.1 et seq.). The Chief Financial Officer shall receive such compensation as is established for that position by applicable ordinance of the Township. The Chief Financial Officer shall carry out the responsibilities set forth under P.L. 1947, c. 151 (N.J.S.A. 52:27BB-26 et seq.).[1]

[1] Editor's Note: Former § 5-24.2, Assistant Township Administrator, added 4-7-2004 by Ord. No. 7-04, which immediately followed this section, was repealed 5-17-2006 by Ord. No. 13-06.

§ 7-30 Tree Conservation Officer.

[Added 5-16-2001 by Ord. No. 11-01]

There is hereby established the position of Tree Conservation Officer, to be appointed by the Township Committee, whose duties shall be to:

A. Administer and enforce the provisions of Chapter 225, Land Use and Development, Article XXI, Tree Conservation, and § 225-116M, Tree conservation.

B. Provide periodic reports to the Shade Tree Advisory Committee and Township Committee with respect to permits issued and other actions taken to enforce the provisions of the aforementioned Code provisions.

C. Make recommendations with respect to the administration and enforcement of the aforementioned Code provisions to the Shade Tree Advisory Committee, the Planning Board and Township Committee.

D. The Township Committee may appoint and designate a Deputy Tree Conservation Officer to perform some or all of the duties of the Tree Conservation Officer when he or she is unavailable to perform the duties and responsibilities described above.