The Manager may, with the approval of the Council,
serve as head of one or more departments. The Manager may appoint
the same person to serve as head of two or more departments; and a
department head may also be appointed by the Manager 'to serve as
head of a division within his department without additional compensation.
In the event of the temporary absence or disability
of any administrative officer or employee or in the event of a vacancy
in any office, the Manager or Acting Manager may designate a qualified
person to serve in such office temporarily in an acting capacity,
and any such appointee shall have all the functions, powers and duties
of an incumbent until such absence or disability terminates or such
vacancy is filled by appointment.
A.
Every officer or employee of the township who, by
virtue of his office or position, is entrusted with the receipt, custody
or expenditure of public moneys or funds and any other officer or
employee who may be required so to do by the Council shall, before
entering upon the duties of his office or position, execute and deliver
a surety bond in such amount as may be fixed by resolution of Council
or as determined by state statute or regulations, binding him to the
township in its corporate name and conditioned upon the true and faithful
performance of his duty. Each officer or employee required by law
to give bond shall execute such a bond with sufficient surety and
deliver his bond to the Clerk, except that the Clerk shall deliver
his bond to the Director of Administration and Finance or Manager,
before he enters upon the discharge of the duties of his office or
employment.
B.
If any officer or employee shall neglect to execute
and deliver his bond as herein required within 30 days after due notification
of election or appointment, his office may be declared vacant by the
Council.
C.
In every case in which any person is required by the
laws of the state or by any ordinance to give bond for the faithful
performance of his duties, such bond shall be secured by a corporate
surety authorized to do business in this state and the premium therefor
shall be paid by the township. Each such bond shall be approved by
the Township Attorney as to form and sufficiency, and nothing in this
section shall be construed to prevent the use of one or more blanket
bonds when so approved.
A.
All the books, maps, papers, accounts, statements,
vouchers and other documents whatsoever acquired or produced in any
department shall be carefully and conveniently filed, kept and preserved
and be and remain the sole property of the municipality and shall
not at any time be removed from the offices of such department except
when required for use in official business and shall then be returned
to such office without delay. Each department head shall be responsible
for enforcing the requirements of this section in his department.
This section shall be subject to the provisions of the Destruction
of Public Records Law (1953) (N.J.S.A. 47:3-15 et seq.).
B.
All public documents and records shall during office
hours be open to public search, inspection and examination, subject
to and within the limitations prescribed by law, and provided that
such search, inspection and examination may be made under such regulations
as the officer having custody of such records, books and documents
shall establish for the safety and preservation thereof.
Upon the termination of the term of office or
the employment of any officer or employee, he shall forthwith deliver
to his successor, or if there be no successor, to the Clerk or other
person who may be designated by the Council to receive the same, all
moneys, papers, books, memoranda, accounts and data of any nature
whatever pertaining to his office.
The public, administrative and executive business
offices shall be open for the transaction of public business daily,
except Saturdays and Sundays and legal holidays, between such hours
as the Manager may prescribe with the approval of the Council, except
as otherwise provided by law. All departments in times of emergency
shall provide municipal services for 24 hours a day. The Manager or
a department head may require any officer or employee to be in attendance
for work on any day or days whenever he determines that a public exigency
or emergency so requires.
No township officer or employee shall directly
or indirectly coerce, attempt to coerce, command or advise a state,
county or local officer or employee for any political purpose.[1]
[Added 5-24-2021 by Ord. No. 2021-12]
A.
The Township
Council, upon consideration and review of the procedures and recommendations,
shall award the contract or purchase to the lowest bidder, pursuant
to Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
B.
Pre-qualification
regulations for bidder requirements for public works projects.
(1)
Findings.
The Governing Body makes the following findings:
(a)
Consistent with Public Law 2019, c. 21, the Township has proprietary
and governmental interests in high standards, high qualifications
and a high level of safety for workers and the general public. Those
interests are fostered and benefitted by requiring bidders who desire
to bid on public works projects especially those with an estimated
cost of construction equal to or exceeding $250,000 to employ highly
skilled workers.
(b)
Using formally trained trade and craft workers ensures a level of
competence, productivity, and worker safety that contributes to the
timely and cost effective completion of public works projects.
(c)
A registered apprenticeship provides for a formal training arrangement
that includes a paid-work component and an educational or instructional
component, wherein an individual obtains workplace-relevant knowledge
and skills.
(d)
Registered apprenticeship programs are a written plan designed to
move an apprentice from a low or no skill entry-level position to
full occupational proficiency. These programs must be certified by
the State of New Jersey as part of the Public Works Certified Contractor
registration process.
(e)
A highly skilled workforce ensures lower costs for repairs and maintenance
over the lifetime of a completed public works project; ensures that
trade and craft workers have been properly trained to adapt to an
ever changing employment and economic environment that is the hallmark
of today's global economy; and allows the apprentices to be better
trained which ultimately increases productivity and safety in the
workplace.
(f)
N.J.S.A. 40A:11-13 provides that any specifications for the provision
or performance of goods or services shall be drafted in a manner to
encourage free, open and competitive bidding and that no specifications
may "(a) Require any standard, restriction, condition or limitation
not directly related to the purpose, function or activity for which
the contract is awarded."
(g)
A requirement that a responsible bidder is one who participates in
an apprenticeship program is consistent with N.J.S.A. 40A:11-13 in
as much as the requirement is directly related to the cost, efficiency,
skilled labor force, quality, safety and timeliness of the Township's
public works projects.
(h)
An apprenticeship program requirement as a condition of responsible
bidder determination is consistent with N.J.S.A. 40A:11-6.1 which
requires that public contracts be awarded not to the lowest bidder,
but to the "lowest responsible bidder".
(i)
Requiring apprenticeship programs as an element of responsibility
places all bidders on equal footing and does not unnecessarily limit
the number of type of bidders on public contracts, as all contractors
will have a fair and equal chance to bid on Township contracts.
(j)
Requiring apprenticeship programs is consistent with Public Law 2019,
c. 21.
(2)
Registered
apprenticeship program required for Public Works projects.
(a)
It is hereby established by the governing body that participation
in a registered apprenticeship program shall be a necessary qualification
for all contractors and subcontractors, including lower-tier subcontractors
seeking to perform work on any public works project requiring a Public
Work contractor certificate.
(b)
Any bidder who fails to submit such evidence of a valid Public Works
contractor certificate with the underlying approved apprenticeship
program requirement shall not be deemed a responsible bidder.
(3)
Incorporation
into bid documents and contracts. The requirements of this section
shall be incorporated into the Township's bid specifications and contracts
for public works projects. Any violation of this section may constitute
a breach of such contract.
