A. 
Appointment and compensation. The Department of Administration shall be headed by the Business Administrator, who shall be appointed by the Mayor, with the advice and consent of the Council, and whose term of office shall be coextensive with the term of the Mayor. He shall be compensated in accordance with the Township Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 47, Salaries and Compensation.
B. 
Removal. The Business Administrator may be removed from his position by the Mayor or by a two-thirds (2/3) vote of the full membership of the Township Council.
C. 
General powers and duties. The Business Administrator shall head the Department of Administration and be responsible to the Mayor for the administration of certain Township business affairs and shall exercise and discharge the functions, powers and duties of the Department of Administration and those described herein. He shall, under the direction and supervision of the Mayor:
[Amended 5-7-1992 by Ord. No. 7-1992]
(1) 
Develop and administer a sound personnel program and establish working, personnel, vacation and sick leave schedules and appropriate records and reports, as directed by the Mayor.
(2) 
Assist in the preparation of the annual proposed budget and capital improvement program to be submitted by the Mayor to the Council.
(3) 
Administer a centralized purchasing system and maintain a continuing review and analysis of budget operations, work programs and cost of municipal services.
(4) 
Attend all meetings of the Council.
(5) 
Prepare an annual report to be submitted to the Township Council by November 30 of each year setting forth a description and inventory of all property owned by the municipality, including though not necessarily limited to all lands and buildings, vehicles and equipment, office equipment and such other property as the Council deems appropriate.
(6) 
Subject to the direction of the Mayor, supervise the administration of each of the departments established by ordinance. Pursuant to this subsection, it is intended that the Business Administrator shall have the authority and power to investigate the organization and operation of any and all departments, to prescribe standards and rules of administrative practice and procedure and to consult with the heads of the departments under his jurisdiction. However, with respect to any Division of Law or Division of Finance, and/or the Division of Treasury, the authority of the Business Administrator under this subsection shall extend only to matters of budgeting, personnel and purchasing.
(7) 
Perform such other duties as may be required by the Council.
A. 
Purchasing.
[Amended 11-5-2014 by Ord. No. 13-2014]
(1) 
The Business Administrator shall establish and administer a centralized purchasing system for the purchase of all materials, supplies and equipment, work and labor required by any department, office or agency of the Township under the direction and supervision of the Mayor. Purchases shall be authorized only after the amounts are encumbered by the Chief Financial Officer and shall be made at such times and in such form as the Business Administrator may prescribe or approve. Neither the Mayor nor the Mayor's designee shall approve any purchase or approve any bill, claim or voucher except as provided by state law, and by Code of the Township of Pemberton. The Business Administrator shall establish and enforce or, where authorized by law, shall direct the appropriate department head to establish and enforce suitable specifications and standards for all supplies, material and equipment to be purchased for the Township. The Business Administrator shall inspect or direct the appropriate department head to inspect deliveries to determine their quality, quantity and compliance with these specifications and standards and shall accept or reject the deliveries in accordance with the results of the inspection. The Business Administrator may make transfers of supplies, materials and equipment between departments and offices and, with the Council's authorization, sell surplus, obsolete, unused or waste supplies, materials and equipment. The Business Administrator shall ensure that all purchases comply with applicable laws and regulations. All bids shall include language that clearly informs prospective bidders that the award of a contract shall be subject to the availability of funds, and Council authorization. All bids submitted shall be deemed to be received by the Clerk conditionally pending full examination as to legal form and compliance of all requirements set forth in the applicable law and the specifications. After examination as to legal form and compliance as required hereby, all bids shall be reviewed by the Business Administrator, or his designee, who shall submit a written recommendation to the Council with the approval of the Mayor, as to which bidder, if any, should be awarded the contract pursuant to the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(2) 
In the event that purchases are authorized as the result of quotations received by telephone, the Business Administrator or the appropriate department head receiving said quotations shall complete a form which indicates the nature of the materials, supplies, equipment, work and/or labor for which quotations were sought; the name, address and telephone number of each and every person or entity submitting quotations; and the prices, charges and/or fees quoted by said person or entity. Said form shall be signed by the Business Administrator and/or the department head receiving said quotations and then filed with the Township Clerk, Chief Financial Officer and Business Administrator.
B. 
Cooperative pricing agreement. Pursuant to the provisions of N.J.S.A. 40A:11-11, Subdivision (5), the Mayor (with the advice and consent of the Council) is authorized to enter into a cooperative pricing agreement with the lead agency or any other contracting unit within the County of Burlington for the purchase of work, materials and supplies. The lead agency entering into contracts on behalf of the Township of Pemberton shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of New Jersey Statutes.
[Amended 11-5-2014 by Ord. No. 13-2014; 2-6-2019 by Ord. No. 4-2019; 8-21-2019 by Ord. No. 31-2019; 6-17-2020 by Ord. No. 13-2020; 2-7-2024 by Ord. No. 7-2024]
A. 
Division established. There shall be within the Department of Administration a Division of Finance, the head of which shall be the Chief Financial Officer who shall be appointed by the Township Council pursuant to N.J.S.A. 40A:9-140.1 et seq. The Chief Financial Officer shall supervise the work of the Division, be responsible for the accounting, pre-auditing and control of all revenues and expenditures and the custody, receipt and disbursement of Township funds, supervise and perform the work involved in the negotiation of loans and the sale of bonds and be responsible for the safety and investment of Township funds, the management of Township debt, the development of financial policies for recommendation to the Mayor, and the safeguarding of the Township's financial interest to the fullest extent.
B. 
Accounts and control; Treasury. The Division of Finance shall be responsible for all functions and duties provided by applicable state law and this section. The Division shall:
(1) 
Develop, maintain and enforce the uniform system of accounts, including forms, standards and procedures for all departments of the Township government. Any uniform system of accounts shall include appropriate provision for such records and reports as may be prescribed or approved by the Mayor, the determination of the cost of performance of each function program or activity measured in work units as may be appropriate thereof and such data, records and reports as may be prescribed or approved by the Business Administrator and the preparation and execution of a budget for the expenditure of public funds for capital purposes that give effect to the general improvement programs.
(2) 
Maintain and operate the Township's central bookkeeping and accounting records according to sound accounting principles and in accordance with the requirements of the New Jersey Division of Local Government Services and the Local Finance Board.
(3) 
Shall keep and maintain books and financial records of all financial transactions of the Township in accordance with the standards and requirements of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.
(4) 
Shall receive and collect revenue for all Township departments except the Municipal Court. Revenue shall include all license and permit fees, charges for use of Township property and all other sums due the Township.
(5) 
Audit all receipts and disbursements of the Township government of each of its departments and pre-audit all bills, claims and demands against the Township, including payrolls, and require each department head to certify that any materials, supplies or equipment have been received and accepted as specified and that the services have been duly rendered.
(6) 
Control all expenditures to ensure that the budget appropriations are not exceeded and maintain such books and records as may be required for the proper exercise of such budgetary control.
(7) 
Shall have custody of all public moneys of the Township and make monthly reports to the Mayor of all receipts, expenditures, commitments and unexpended appropriations. All moneys received from any source by or on behalf of the Township or any department, board, office or agency thereof, except as otherwise provided by Township ordinance, shall be paid to the Chief Financial Officer who shall deposit said moneys within the time prescribed by state law to the credit of the Township in the authorized public depository of the Township to the credit of the proper account.
(8) 
Shall have custody of all investments and invested funds of the Township or in its possession in a fiduciary capacity, except as otherwise provided by law, and have the safekeeping of all bonds and notes for transfer, registration or exchange. The Chief Financial Officer shall invest all moneys not required for current operations in interest-bearing accounts.
(9) 
Review each proposed expenditure and commitment to be made on behalf of any department for conformity with state law, the Charter and the ordinances of the Township and authorize only such expenditures and commitments as conform to all requirements of this Administrative Code.
(10) 
Install, operate and maintain the central payroll system and all social security, pension and insurance records for personnel of all departments.
(11) 
Shall be the certifying agent for the Public Employees Retirement System of New Jersey, consolidated Police and Firemen's Pension Fund, Police and Firemen's Retirement System, Old Age Survivor's Insurance System of New Jersey and hospitalization, medical, surgical and major medical group insurance plans for employees and withholding taxes.
(12) 
Submit a monthly report of expenditures, encumbrances and account balances to the Mayor and Township Council, and at the direction of the Mayor provide such reports on the financial condition of the municipality to the Township Council.
(13) 
Under the direction of the Mayor, assist with the work in the negotiation of loans and the sale of bonds.
C. 
Presentation of claims. Any person claiming payment from the Township shall present a detailed bill of demand to the Chief Financial Officer, duly certified or, in the alternative, supported by an affidavit of the claimant, and such other information as may be required. It shall be the duty of the Chief Financial Officer to confirm that the signature of the officer or employee who has been duly assigned by the Mayor to certify that the materials have been received by or the services rendered to the Township appears on every claim.
D. 
Presentation of bill list for approval. The Chief Financial Officer shall prepare a bill list and submit it to the Township Council prior to its regular meeting for formal approval at a regular Council meeting. Claims shall be considered by the Council, which shall approve the same except that the Council may reject any claims presented to it, stating the reason for such rejection. Any disapproved claim shall be referred back to the Chief Financial Officer. The Township Clerk shall indicate in the official minutes that the Township Council has by formal action approved the bill list, with the appropriate record as to any claims disapproved or rejected. After certifying that the bill list has been approved the Township Clerk shall so advise the Chief Financial Officer who shall forthwith prepare the necessary check(s) for the payment thereof. Checks shall be signed by two of the following: the Chief Financial Officer, the Mayor, and/or the Township Clerk. After preparing checks for payment of claims, the Chief Financial Officer shall record the payments in proper books of account and, once signed, shall mail or otherwise distribute the checks to the claimants.
E. 
Certain claims approved by Chief Financial Officer. Notwithstanding the provisions set forth herein, certain claims shall be deemed approved by the Township Council upon the payment of same by the Chief Financial Officer, and shall not require subsequent approval by the Township Council.
(1) 
All individual purchases up to and including the amount of $3,000.
(2) 
All purchases of the following commodities without limitation unless otherwise indicated herein.
(a) 
Gasoline and diesel fuel.
(b) 
Heating oil.
(c) 
Natural gas.
(d) 
Telephone services.
(e) 
Water and sewer services.
(f) 
Postage (claim not to exceed $6,000).
(g) 
Permit fees.
(h) 
Tipping fees (trash disposal).
(i) 
Sodium chloride.
(j) 
Aggregates, such as sand, soils, stones and stone mixtures.
(k) 
New Jersey Motor Vehicle Commission fees, permits and vehicle registration costs (claim not to exceed $500).
(l) 
Chemicals used in various applications across Township departments for road, storm sewer, sanitary sewer, facilities and fleet maintenance, repair or construction, including chemicals used to test or treat potable water or wastewater or mix with sludge for odor control.
(3) 
Property damage repairs authorized by the Burlington County Municipal Joint Insurance Fund (Burlco JIF) for Township insurance claims (not to exceed $17,500), except services and/or contracts subject to the Local Public Contracts Law and/or the New Jersey Pay to Play Law.
(4) 
Notwithstanding any limitation set forth in § 3-15 concerning the limitations of the purchasing authority set forth herein, the Mayor is hereby authorized to make or approve emergency purchases of specific goods or services in an amount not to exceed $17,500, strictly limited to buying goods or services in response to said emergency.
F. 
Payroll account. There shall be an account to be designated the Township payroll account, and from time to time, the Chief Financial Officer, upon receipt of a warrant or an amount due such payroll account, shall deposit the same to the credit of the payroll account, charging the appropriate budgetary accounts therewith. Disbursement from the payroll account may be made by way of one direct deposit requested by an employee or the payroll checks signed by the Chief Financial Officer, the Mayor, and/or the Township Clerk and, after certification of any variance from normal working hours, by the several department and office heads. In the case of reimbursement for pre-approved actual and necessary traveling expenses, itemized claims supported by receipts, where available, shall be presented within 10 days after completion of travel in order to obtain reimbursement for expenses incurred by Township officials who are authorized to travel by request of the Mayor. In the case of error or adjustment in the payroll, the Chief Financial Officer shall make proper corrections and an appropriate record of such corrections.
[1]
Editor's Note: Former § 3-16, Division of the Treasury, was repealed 11-5-2014 by Ord. No. 13-2014. See now § 3-15, Division of Finance.
[Amended 4-18-2002 by Ord. No. 6-2002; 11-5-2014 by Ord. No. 13-2014; 12-6-2023 by Ord. No. 45-2023; 8-7-2024 by Ord. No. 30-2024]
Within the Department of Administration, there shall be a Division of Tax Collection, the head of which shall be the Tax Collector.
A. 
Appointment and qualifications. The Tax Collector shall be appointed by the Mayor with the advice and consent of the Township Council for a term of four years from the first day of January next following the appointment, as provided by law. An appointment to a vacancy other than due to the expiration of a term shall be for the unexpired term. The Tax Collector shall hold a tax collector certificate as required by applicable state law and regulations.
B. 
Duties. The Tax Collector shall have, perform and exercise all functions, powers and duties as are provided by general law and ordinance, including but not limited to the following:
(1) 
Maintain full and complete records and accounts of all sums collected and received under the supervision of the Chief Financial Officer and Township auditor.
(2) 
Keep a current record of all tax title liens and advise the Mayor promptly as such liens become subject to foreclosure under the law.
(3) 
Enforce the payment of delinquent taxes by the means provided by law as soon as they become delinquent.
(4) 
Serve as tax searcher and perform such duties as are prescribed by general law and municipal ordinance, if appointed by the Mayor.
(5) 
Keep the Chief Financial Officer, Business Administrator, Mayor and Council informed as to all sums due on all taxes and other revenue to which the Township is entitled.
(6) 
Operate the cashier's booth within the municipal complex, and post, and deposit monies collected, whether they be taxes, water bills, dog licenses fees, or any other sums due and payable to, and/or collected on behalf of, the Township.
C. 
The Tax Collector is authorized to impose, collect, retain and/or dispose of the following taxes, assessments, fees and municipal charges in accordance with her or his duties:
(1) 
Consistent with N.J.S.A. 54:4-67 et seq., for the nonpayment of taxes, assessments, or other municipal charges, the interest rate on unpaid taxes shall be 8% per annum on the first $1,500 of delinquency, and 18% per annum on any amount in excess of $1,500, to be calculated from the date the tax was payable until the date of actual payment, provided that no interest shall be charged if payment of any installment is made on or before the tenth calendar day following the date upon which the same became payable;
(2) 
In addition to the interest provided in Subsection C(1) above, the Township Tax Collector shall also collect a penalty of 6% of the amount of delinquency on all delinquencies in excess of $10,000 which are not paid prior to the end of the fiscal year.
(3) 
As authorized by P.L. 1997, Chapter 99, the imposition of a service charge to be assessed to property owners when their real property is placed into tax sale for delinquent taxes or any other delinquent municipal charge, and tax sale notices are required to be mailed to the property owner, said service charge shall be in the amount of $25 per notice.
(4) 
Consistent with N.J.S.A. 40A:5-1 et seq., the cancellation of property tax overpayments or delinquent amounts of less than $10.
(5) 
The disposition of overpayments of taxes of $10 or more made through the Tax Collector's Office shall be disposed of as follows:
(a) 
Overpayments in the amount of $500 or less will be credited to the property owner's accounts.
(b) 
Overpayments in the amount of more than $500 may be refunded to the property owners.
In the event that the overpayment either belongs to a former owner, exceeds the current year's taxes, has been overpaid by a title company or prior mortgage company, or the line item is no longer active, the Tax Collector is hereby authorized and directed to use reasonable judgment in authorizing refunds of such overpayments, regardless of the amount.
(6) 
Consistent with N.J.S.A. 54:5-97.1, a fee of $50 for each redemption calculation of a tax sale certificate requested from the Tax Collector by a lienholder.
(7) 
Consistent with N.J.S.A. 54:5-54, a fee of $50 for each subsequent calculation requested from the Tax Collector by any party entitled to redeem a tax sale certificate beyond the initial two requests within a calendar year.
(8) 
Consistent with N.J.S.A. 54:4-64, a fee of $5 for the first duplicate copy and $25 for each subsequent duplicate copy of the same tax bill in the same tax year to a mortgagee, servicing organization or property tax processing organization requesting a duplicate copy of a tax bill.
(9) 
Consistent with N.J.S.A. 54:5-26, a fee of $25 for each tax sale notice that is mailed to a particular property that is delinquent on its taxes or other municipal charges.
(10) 
Consistent with N.J.S.A. 54:5-14, a fee of $10 for each tax search application.
(11) 
Consistent with N.J.S.A. 40:5-19, a service charge of $20 against an account where payment by check or other written instrument is returned to the Township due to insufficient funds. The Tax Collector may require an account holder or other payee to tender future payments by certified check, cashier's check or money order.
[1]
Editor's Note: Former § 3-18, Division of Inspection and Code Enforcement, was repealed 12-17-1998 by Ord. No. 25-1998. Article 3 of said ordinance provided for the following: "Pending the adoption of certain revisions to the Township's Police Department ordinance, now codified at Section 3-26, which revisions have been submitted to the Mayor and Council for consideration, the responsibilities for performing inspections required under the Township's Property Maintenance Code, and other responsibilities which reside in the office of "Code Enforcement Officer" shall fall within the purview of, and under the supervision of, the Police Department, and specifically shall be supervised by the Chief of Police."
A. 
Division established. There shall be within the Department of Administration a Division of Law, which shall be headed by the Township Attorney.
B. 
Township Attorney: appointment, compensation and qualification. The Township Attorney shall be appointed by the Mayor, with the advice and consent of the Township Council, for a term of one year. He shall be a licensed attorney within the State of New Jersey and shall possess such other qualifications of ability and experience which the Mayor and Council shall deem necessary to perform the duties of his office. He shall receive reasonable fees and charges for legal services as provided for within his contract with the Township, which contract shall be approved by resolution.
(1) 
Powers and duties. The Township Attorney shall be the legal advisor to the Mayor and Council and to all administrative boards and agencies appointed by the Mayor and/or Council, except as may otherwise be provided by law or this Code. The Township Attorney shall prosecute and defend actions by and against the Township and every department, board or agency thereof, appointed by the Mayor and/or Council in accordance with law. In furtherance of these powers and without limitation thereto, he shall:
(a) 
Act as an independent contractor and employ at his expense such persons as are deemed necessary to carry on the duties prescribed for the office.
(b) 
Advise the Council as to the form and sufficiency of all ordinances and resolutions, and advise the Mayor and Council as to the sufficiency of all Township actions prior to their occurrence.
(c) 
Review and approve all contracts, deeds, documents and other instruments prior to the execution thereof by or on behalf of the Township.
(d) 
Conduct appeals from orders, decisions or judgments affecting any interest of the Township as directed by the Township Council.
(e) 
Subject to the approval of the Mayor and Township Council, have the power to enter into any agreement, compromise or settlement in any litigation in which the Township is involved.
(f) 
Render opinions, in writing, upon any questions of law submitted to him by the Mayor and/or Council with respect to their official powers or duties or the powers and duties of any officer of the Township.
(g) 
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 Mayor and/or Council may require.
(h) 
Conduct prosecution of crimes and offenses cognizable before the courts of the State of New Jersey, including the 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.
(i) 
Perform and possess such other different functions, powers and duties as may be provided for by the Township, by state statute or by administrative rule or regulations.
(2) 
Special counsel. Upon the advise of the Township Attorney and to the extent that funds are available, the Mayor, with the advice and consent of the Township Council, may appoint special counsel to assist with the representation of the municipality on matters of a complex or a specialized nature or where the Township Attorney disqualifies himself as a result of any conflict of interest. All such arrangements shall be pursuant to a written contract.
C. 
Township Prosecutor.
(1) 
Appointment, qualifications and compensation. There shall be within the Township of Pemberton a Township Prosecutor, who shall be appointed by the Mayor with the advice and consent of Council for a term of one year. The prosecutor shall be a licensed attorney within the State of New Jersey and shall possess such other qualifications of ability and experience which the Mayor and Council deem necessary to perform the duties of his office. The prosecutor shall receive such compensation as is provided for pursuant to a contract approved by the Council by resolution.
(2) 
Duties. It is the duty of the Township Prosecutor to prosecute on behalf of the Township of Pemberton all crimes and offenses cognizable before the Municipal Court of the Township of Pemberton, 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. 23:1-2); violations of the ordinances of the Township of Pemberton; violations of the Disorderly Persons Act (N.J.S.A. 2A:169-3 et seq.); violations of Chapters 1 and 4 of Title 44 of the New Jersey Statutes Annotated entitled "Poor"; violations of Chapters 6 and 17 of Title 9 of the New Jersey Statutes Annotated, entitled "Children"; violations of Article IV, Chapter 5 of Title 30 of the New Jersey Statutes Annotated entitled "Institutions and Agencies"; and offenses of the lesser grade or degree than a misdemeanor or to which no indictment by Grand Jury is required. In addition to the specific references contained herein the Township Prosecutor shall:
(a) 
Meet from time to time with local enforcement agents of the Township of Pemberton and properly advise them of procedures and practices to bring about proper enforcement of the laws operative within the Township of Pemberton.
(b) 
Advise the Mayor and Township Council as to the procedures and practices designed to bring about proper enforcement of the laws within the community.
(c) 
Perform such other duties as state statute, Township ordinances or administrative rules and regulations may provide.[1]
[1]
Editor's Note: Former Subsection 19D, pertaining to the Public Defender, was repealed 11-5-2014 by Ord. No. 13-2014.
[Amended 11-5-2014 by Ord. No. 13-2014]
There is hereby established within the Department of Administration a Division of Engineering which shall be headed by the Township Engineer.
A. 
Appointment, qualifications and compensation. The Township Engineer shall be appointed by the Mayor, with the advice and consent of the Township Council, and shall serve for a term of three years as required by applicable law. The Township Engineer shall be a licensed engineer in the State of New Jersey and possess such other qualifications of ability and experience which the Mayor and Township Council shall deem necessary to perform the duties of the office. The Township Engineer shall receive reasonable fees and charges for engineering services as are provided for by an annual professional services contract with the Township, which shall be approved by resolution of the Township Council.
B. 
Duties. The Township Engineer shall be the engineering advisor to the Mayor and Council, and shall perform all normal engineering services required on behalf of the Township in every department, except as may be otherwise provided for by law or this chapter. In furtherance of these powers and without limitation thereto, the Township Engineer shall:
(1) 
Act as an independent contractor and employ at engineer's expense such persons as are deemed necessary to carry on the duties prescribed for the office.
(2) 
Perform administrative and engineering work in the investigation, design, construction and maintenance of all public works projects, except such projects as may be awarded to another engineer by way of Council resolution.
(3) 
Supervise the preparation of such surveys of either topographical property line or construction nature as may be required.
(4) 
Prepare and supervise the preparation of such plans, sketches and blueprints as may be required.
(5) 
Supervise the compilation and maintenance of the Water and Sewer Maps, as well as the Official Map, Zoning Maps, Tax Maps, road maps, and such other maps of the Township of Pemberton as may be required.
(6) 
Perform all duties as may be required by a Municipal Engineer by state law.
(7) 
Attend all regular, special and adjourned meetings of the Township Council as may be required.
(8) 
Supervise and provide the engineering calculations, specifications and expertise required for the purchase of materials and equipment as may be required.
(9) 
Perform such professional engineering services as may be required in connection with any capital improvement program.
(10) 
Be responsible for normal work in connection with the construction, reconstruction and repair of all Township roads as may be required.
(11) 
Be responsible for general administration of contracts with third parties performing work for the Township in such instances as may be required.
(12) 
Coordinate all official activities with and through the Business Administrator and the Mayor.
(13) 
Perform related duties as may be requested.
C. 
Nothing herein contained shall limit the Township's right to solicit proposals from, and to award contracts to, other engineering firms.