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]
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]
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.
[Amended 2-6-2019 by Ord.
No. 4-2019; 8-21-2019 by Ord. No. 31-2019]
(1)
All individual purchases up to and including the amount of $3,000.
Notwithstanding, should the governing body appoint a qualified purchasing
agent, the individual purchasing threshold shall be up to and including
the amount of $6,000.
[Amended 6-17-2020 by Ord. No. 13-2020]
(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.
[Amended 6-17-2020 by Ord. No. 13-2020]
(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.
[Added 6-17-2020 by Ord. No. 13-2020]
(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.
[Amended 6-17-2020 by Ord. No. 13-2020]
(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 during a declared state of emergency, strictly limited to buying goods or services in response to said declared state of emergency.
[Added 6-17-2020 by Ord. No. 13-2020]
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.
[Amended 4-18-2002 by Ord. No. 6-2002; 11-5-2014 by Ord. No. 13-2014]
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.
[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.
[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.
