[HISTORY: Adopted by the Township Council
of the Township of Stafford 6-25-1985 by Ord. No. 85-65. Amendments
noted where applicable.]
This chapter shall be known as and may be referred
to as the "Administrative Code" and is herein referred to as "this
Code."
For the purpose of this chapter and in the interpretation
and application of all other ordinances and resolutions heretofore
adopted by the Township, the following terms shall have the meanings
indicated:
Small Municipality Plan A of the Optional Municipal Charter Law, Chapter 210 of New Jersey Laws of 1950, N.J.S.A. 40:69A-1 et seq., as amended and supplemented, and any and all general laws as therein defined which are or may be applicable to the Township.
An organizational unit of the Township government so designated
by this Code.
An organizational unit within a department.
To file, codify, index or preserve.
A calendar month, unless otherwise specifically provided.
Any person elected to, appointed to or employed in any position
defined by this Code.
Includes individuals, corporations, firms, organizations,
companies, associations or any group acting as an individual or as
a unit. The masculine shall include the feminine gender.
The Township of Stafford, Ocean County, New Jersey.
A calendar year, unless otherwise specifically provided.
All legislative power of the Township will be
exercised by the Township Council. The Township Council, in addition
to such powers and duties as may be conferred upon it by statute,
may require any municipal officer to prepare and submit sworn statements
regarding his official duties and the performance thereof and may
investigate the conduct of any department, office or agency of the
municipal government.
The Council will organize annually, at which
time it will select a President of the Council from among its members,
who shall serve in the place of the Mayor in the event of his absence,
disability or refusal to act. The Mayor shall preside over all meetings
of the Council. In the absence of the Mayor, the President shall preside.
In the absence of the Mayor and the President, the Council shall select
from among its members a temporary presiding officer.
The Township Clerk shall maintain, prepare and
sign the minutes of the Council, maintain the records of the Council,
maintain personnel files for all employees of the Township and perform
such other duties as shall be assigned. At public meetings of the
Municipal Council, the Township Clerk shall, in the proper order of
business, announce the subject and author of all correspondence received.
At the request of any member, any item of correspondence shall be
read in full.
The agenda for each regular meeting of the Council
shall be prepared by the Clerk and made available to the Council members
prior to the opening of the meeting. Additional copies of the agenda
shall be available to the public.
Vacancies in the Council shall be filled as
set forth in the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq.
A.
Regular meetings. The Council shall meet on a regular
basis at the Municipal Building, as shall be determined by resolution
of the Council. Regular meetings shall be held at least monthly:
(1)
All meetings of the Council shall be held in accordance
with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6
et seq.
(2)
The Township Clerk shall keep a journal of the proceedings
of the Council and shall record the minutes of every meeting.
(3)
An adjourned meeting shall be considered a continuation
of the preceding meeting, and the business of Council shall be resumed
at the point where it was left at the last adjournment.
B.
Special meetings.
(1)
The Mayor may, upon written request of a majority
of the members of the Council, call a special meeting of the Council.
In the call for said special meeting, the Mayor shall designate the
purpose of the special meeting, and no other business shall be considered.
(2)
The Mayor shall promptly direct the Clerk to serve
notice, in writing, of any special meeting upon each member of the
Council at least 24 hours prior to the time for which the meeting
is called. Upon written waiver of notice executed by all members of
the Council, a special meeting may be held without prior notice, notwithstanding
the above provisions of this section.
C.
Emergency meetings.
(1)
Should the Mayor determine that a state of emergency exists affecting the health or safety of the people, which requires more immediate attention than permitted by a special meeting of the Council, the Mayor shall call an emergency meeting. The call may be filed with the Clerk at any time not less than three hours prior to the time set for the meeting, unless such prior notice is waived as provided under Subsection B, Special meetings. Whenever an emergency meeting is called, the Clerk shall forthwith serve written notice upon each member of the Council at his place of residence or at his regular place of business by leaving a copy thereof with the Council member personally or with a responsible adult, if such a person is present, stating the date and hour of the meeting and the purpose for which the meeting is called. The Police Department shall cooperate fully with the Clerk in serving such notice.
(2)
An emergency meeting may take place only upon the
affirmative vote of 3/4 of the members of the Council present. Such
meeting may only occur if, in the opinion of the members of the Council,
it is required in order to deal with matters of such urgency and importance
that a delay for the purpose of providing adequate notice would be
likely to result in substantial harm to the public interest; and the
meeting is limited to discussion of an action with respect to such
matters of urgency and importance; and notice of the meeting is provided
as soon as possible following the calling of such meeting by posting
written notice of the same in a public place, as provided in N.J.S.A.
10:4-8(d), and by notifying two newspapers circulating within the
municipality by telephone, telegram or by delivering a written notice
of same to such newspapers; and the Township Council could not reasonably
have foreseen the need for such a meeting at a time when adequate
notice could have been provided; or the Township Council failed to
foresee the need for such a meeting at a time when adequate notice
could have been provided.
D.
Executive session. Any member of the Council may move
for adjournment to a closed or executive session, and upon a vote
of the Council, an executive session shall be held from which the
general public shall be excluded, upon compliance with the requirements
of the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq.
E.
Meetings of Council; special public hearings. Any
member of the Council may, when he deems it in the public interest,
move for the holding of a special hearing for the purpose set forth
in his motion. No ordinance, resolution or motion shall be voted upon
at such special hearings, and such special hearings shall not include
public hearings on ordinances which are a part of the order of business
of regular meetings. Should a special public hearing be called, the
Clerk shall cause the time, place and purpose of said hearing to be
advertised once in the official newspaper of the Township, such advertisement
to appear at least two days in advance of the date of the hearing.
F.
Guidelines for the videotaping of the public portion
of Council meetings. The following guidelines shall apply to any person
who intends to videotape the public portion of any Township Council
meeting:
[Added 5-1-2007 by Ord. No. 2007-47]
(1)
No more than two persons, exclusive of the official
Township videographer, shall be permitted to videotape, whether by
handheld camera, camcorder or other equipment, the public portion
of a Township Council meeting. Any person desiring to videotape the
public portion of the meeting shall be considered a person counting
towards the occupancy limit for fire code purposes of the venue of
the meeting.
(2)
Any person interested in videotaping the public portion
of a Township Council meeting shall contact the Township Administrator
by phone or in person to advise of his or her intent to videotape
the meeting in question. Said contact must occur no later than 15
minutes prior to the official starting time of the meeting.
(3)
Any person videotaping the public portion of a Township
Council meeting shall videotape from, or set up videotape equipment,
on the side aisle at the far right of the room where the meeting is
to be held. In the regular meeting room, the designated area shall
be the side aisle on the far right as a person is entering the room
from the main doors. Under no circumstances may a person videotape
or set up equipment so as to obstruct any view of any person in the
audience, whether seated or standing. Any individual wishing to videotape
or set up videotaping equipment shall not block, obstruct or interfere
with the equipment used by Southern Regional High School or other
designated official videographer who is broadcasting the public meeting
live over the Township’s local access channel.
(4)
For public meetings within the regular Township meeting
room, two electrical outlets shall be available for use along the
side aisle to the right as one enters the room from the main doors.
Any person wishing to utilize these electrical outlets to videotape
shall not overload the circuits provided. Said person shall not utilize
extension cords or devices intended to increase the number of outlets
without the prior approval of the Township Administrator. In the event
the equipment that a person wishes to utilize to videotape the public
portion of the Township Council meetings appears to be capable of
damaging or overloading the electrical system, the Township may prohibit
that person from utilizing that equipment to videotape the meeting.
(5)
Any person who attempts to videotape or set up equipment
in a manner contrary to these guidelines shall be asked to comply
or remove the equipment in question. Any person who refuses to comply
with the guidelines may be viewed as obstructing the meeting in question.
(6)
Any person who is interested in videotaping a public
portion of a Township meeting which is being officially videotaped
by the Township may request that the Township provide a tape of the
meeting. Said person shall reimburse the Township for the cost of
the tape.
G.
Except as
otherwise specifically provided in these rules, the proceedings of
the Council shall be governed by Robert's Rules of Order.
[Added 11-1-2010 by Ord. No. 2010-38]
The vote upon every motion, resolution or ordinance
shall be taken by roll call, and the "ayes" and "nays" shall be entered
on the minutes. Any member of the Council may abstain from voting
at any time. All motions and resolutions shall be determined by a
majority of those members voting, unless otherwise specified by ordinance
or state law, but no ordinance shall be adopted by the Council without
the affirmative vote of a majority of all members of the Council.
The minutes of each meeting shall be signed by the officer presiding
and the Township Clerk.
The following provisions apply to ordinances
and/or resolutions:
A.
Each ordinance or resolution shall be introduced in
writing and shall be read and considered as provided by general law.
The vote upon every motion, resolution or ordinance shall be taken
by roll call, and the "ayes" and "nays" shall be entered into the
minutes.
B.
All ordinances shall be published, pursuant to general
law, in full in at least one newspaper having circulation within the
Township, unless otherwise provided by law. All members of the public
shall have the opportunity to speak on the ordinance at the time of
final reading prior to its adoption.
C.
No ordinance, other than the local budget ordinance,
shall take effect less than 20 days after its final passage by Council
and approval by the Mayor, where such approval is required, unless
the Council shall adopt a resolution declaring an emergency and at
least 2/3 of all members of the Council vote in favor of such resolution.
D.
The Township Clerk shall record all ordinances and
resolutions adopted by the Council, and at the close of each year,
with the advice and assistance of the Township Attorney, shall bind,
compile or codify all of the ordinances and resolutions, or true copies
thereof, of the municipality which then remain in effect. The Township
Clerk shall also properly index the record books, compilation or codification
of ordinances and resolutions.
E.
Prior to its introduction, any proposed ordinance
permitting or requiring administrative action shall be submitted to
the Mayor and to the department head concerned.
F.
An ordinance or resolution may be introduced by any
member of the Council. The Clerk shall forthwith provide each member
of the Council with a copy thereof and shall provide the Municipal
Attorney with a copy. Each ordinance and resolution shall be limited
to a single (object), which shall be clearly expressed in its title.
The Council may determine its own rules of procedure
not inconsistent with ordinance or general law, which rules may be
adopted by resolution of the Council.
The Mayor shall be elected at large by the voters
of the municipality, as provided by statute.
The Mayor shall be the chief executive of the
Township. He shall:
A.
Enforce the Charter and all laws and ordinances in
effect within the Township.
B.
Supervise all of the departments of the Township government.
C.
Ensure the efficient and effective operation of all
of the departments of the Township government, in accordance with
general law, the Charter, this Code and other municipal ordinances.
D.
Ensure that all inquiries to the Township government
are promptly assigned to the appropriate department for action.
E.
Appoint a Finance Committee and such other committees
of the Council as he may deem necessary.
F.
Require each department, board, committee, commission
or other municipal body to make an annual report and such other reports
of its work as he may deem desirable.
G.
Make such other reports to the Council and to the
public and such recommendations to the Council for action as he may
deem in the public interest.
H.
Provide liaison with agencies of the State of New
Jersey and with official bodies of other municipalities on matters
affecting the Township and/or its citizens.
I.
Prepare the annual budget with the assistance of the
Treasurer and with the cooperation of department directors and the
other members of the Council.
The Mayor shall be a member of the Council.
He shall:
All of the administrative functions, powers
and duties of the Township shall be allocated and assigned among and
within the departments established and constituted by the Code or
any amendments and supplements thereto. The Mayor may delegate to
other officers of the Township such functions, powers and duties as
he may deem appropriate and which are permitted by law, except for
the duties required by the Charter to be performed by the Mayor.
The President of the Council shall serve in
place of the Mayor in the event of the absence of the Mayor or his
disability or refusal to act. When serving as Acting Mayor, the President
of Council shall have all of the rights, powers and duties of the
Mayor.
The Township Council may establish such departments
and divisions as it shall deem necessary. Each department or division
shall be created by ordinance and shall have, exercise and discharge
such functions, duties and powers as may be provided by the Charter,
this Code or by other ordinance.
[Amended 4-17-2006 by Ord. No. 2006-20]
A.
Department heads shall be appointed in accordance
with the requirements of state law, and in the absence of state law,
in accordance with this Code or other ordinance. Department heads
shall not have the power to hire or discharge subordinate employees,
unless the power is given to them by ordinance.
B.
Nothing in this Code shall be construed to prevent
the Mayor from appointing to any position for which the Mayor has
the responsibility for making appointments any otherwise qualified
person, including himself, Council members, or other municipal officers,
except as specifically prohibited by the Charter, general law or this
Code.
[Amended 4-17-2006 by Ord. No. 2006-20]
The Department head, under the supervision of
the Township Administrator, and subject to the Charter and to this
Code shall:
A.
Prescribe the internal organization of the department
or division and the duties of subordinate officers and employees within
the department, except as provided by the Charter, this Code or by
ordinance.
B.
Ensure that all powers, functions and duties assigned
to the department or division are carried out with diligence.
C.
Operate his department or division in an efficient
and effective manner.
D.
Report in writing to the Township Administrator recommendations
for improving departmental or division performance, requirements of
the department or division and the results of assignments made to
the department or division.
E.
Report promptly to the Township Administrator, Council
and the Chief Municipal Finance Officer projected deviations in the
financial performance of the department or division.
F.
Report at least annually to the Township Administrator
and Council, in such form as shall be approved by the Township Administrator,
on the work of the department or division during the preceding year.
G.
Cooperate with the Township Administrator, Chief Municipal
Finance Officer and Council in the preparation of the annual budget,
providing supporting information for all budgetary requirements and
explanations of all deviations from previous budgets.
H.
Assign functions, powers and duties to subordinate
officers and employees within the department or division and modify
such assignments as need appears.
I.
Assign priorities to the conduct of the functions,
powers and duties allocated to the department or division.
J.
Supervise the work of the department through divisions
established by this Code and supervise and direct the work of the
employees of the department.
K.
Delegate to other officers or employees of his department
or division such of his powers as he may deem necessary for efficient
administration and operation.
L.
Prohibit the expenditure of municipal funds or the
commitment of municipal funds by the department or division, except
as provided by law.
M.
Provide liaison with other departments, divisions,
boards, etc., as required for the efficient and effective operation
of the administrative branch.
N.
Familiarize himself with general law affecting his
department or division and with funds available for the performance
of the functions of his unit from sources outside the Township.
Any officer of the Township who is required
by state law shall give bond at the expense of the Township, in accordance
with general law.
A.
No officer or employee elected or appointed in the
Township shall be interested, directly or indirectly, in any contract
or job for work or for materials or the profits thereof to be furnished
or performed for the Township; and no such officer or employee shall
be interested, directly or indirectly, in any contract or job for
work or for materials or the profits thereof to be furnished or performed
for any person operating any interurban railway, street railway, gasworks,
waterworks, electric light or power plant, heating plant, telegraph
line, telephone exchange or other public utility within the territorial
limits of the Township.
B.
No officer or employee shall accept or receive, directly
or indirectly, from any person operating within the territorial limits
of the Township any interurban railway, street railway, gasworks,
waterworks, electric light or power plant, heating plant, telegraph
line, telephone exchange or other business using or operating under
a public franchise, any frank, free pass, free ticket or free service
or accept or receive, directly or indirectly, from any terms more
favorable than is granted to the public generally, except that such
prohibition of free transportation shall not apply to policemen or
firemen in uniform.
C.
No officer or public employee elected or appointed
in the Township shall accept or solicit anything of value as consideration
for or in connection with the discharge of his official duties, other
than the fee or compensation prescribed pursuant to law.
D.
No official or employee, whether paid or unpaid, shall
engage in any business or transaction or accept any private employment
or commitment or shall have any financial or other personal interest,
direct or indirect, which is incompatible with the proper discharge
of his official duties in the public interest or would tend to impair
his independence or judgment or action in the performance of his official
duties.
E.
No official or employee shall accept any gift or gratuity,
whether in the form of service, loan or promise or in any other form,
from any person, firm or corporation which, to his knowledge, is interested,
directly or indirectly, in any manner whatsoever in business dealings
with the Township, nor shall any official or employee accept from
any person, firm or corporation any such gift or gratuity which may
tend to influence him in the discharge of his duties.
F.
No official or employee shall represent private interests
before the Township Council or before any board, commission or agency
of the Township.
G.
No official or employee shall represent private interests
in action or proceeding against the interest of the Township in any
litigation in which the Township is a party. Nothing herein provided
shall prohibit any Township official or employee from engaging in
litigation against the Township to vindicate a personal right granted
to said official or employee by the general law or from acting in
an adverse capacity to the Township to vindicate the rights of the
general public.
H.
No Council member or member of any Township agency,
board, commission or other body shall vote for the adoption or defeat
of any resolution or ordinance or for the payment or nonpayment of
any indebtedness owing or allegedly owing by the Township in which
he has any financial or other personal interest, directly or indirectly,
other than emoluments of office to which one is entitled or reimbursable
expenses, nor shall any official or employee recommend or lobby for
the adoption or defeat of any such measure or for the institution
of defense of any legal or quasi-legal action whatever in which he
has or may have a financial or other personal interest, direct or
indirect.
Any official or employee who has or may have
an interest, direct or indirect, in any measure, indebtedness or action
and who participates in discussion with or gives an official opinion
to the Council or to any municipal agency with respect thereto shall
disclose on the records of the Council or Agency the nature and extent
of such interest.
A.
No municipal officer or employee shall engage in political
activity during his hours of duty, with respect to any candidate.
B.
No municipal officer or employee shall use, nor shall
permit others to use, the facilities of the Township for the preparation,
storage or distribution of campaign material.
C.
Nothing in this section shall be construed to prevent
an elective officer from campaigning at any time.
D.
No municipal officer or employee shall use, nor shall
permit others to use, the facilities of the Township for the conduct
of private business. With the approval of the Mayor, nonprofit public
service and civil organizations shall be allowed to use such Township
facilities as may be deemed appropriate.
E.
No municipal officer or employee shall, without proper
legal authorization, disclose confidential information concerning
the property, government or affairs of the Township, nor shall he
use such information to advance the financial or other private interest
of himself or of others. The Council may, from time to time, as it
deems appropriate, determine by resolution what information shall
be deemed confidential for the purposes of this subsection.
Pension fund membership and the rights of any
officer or employee shall not be adversely affected due to the adoption
of this Code, or of any amendments or supplements thereto. In the
event of the termination of employment of any officer or employee
prior to his retirement, for whom funds have been set aside for a
pension or for retirement benefits during the period of his employment,
such funds shall be paid to such officer or employee at the time of
such termination of employment.
Any officer or employee of the Township, who
has acquired tenure in his position through any provision of law or
of ordinance, shall retain said tenure in the same position without
effect due to the adoption of this Code.
The Council shall have an annual audit made
of the Township accounts and financial transactions as required by
law. Such annual audit shall be made by a registered municipal accountant
of New Jersey, selected by the Mayor and Council.
No rule or regulation made by any department,
officer, agency or authority of the municipality, except such as related
to the organization or internal management of the Township government
or a part thereof, shall take effect until it is filed with the Township
Clerk. The Council shall provide for the prompt publication of such
regulations and rules.
A.
All of 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 shall be and remain the sole property of the Township 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 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 termination of the term of office of any
officer or the employment of any employee, he shall forthwith deliver
to his successor or, if there is 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 or to his employment.
The public administrative and executive business
offices of the Township shall be open for the transaction of public
business on a regular schedule, as prescribed by the Mayor with approval
of the Council, except as otherwise provided by law. Notice of the
regular office hours of the Township offices shall be given to the
public, and the schedule shall be included in the annual Township
directory.
There shall be such departments, divisions and
offices as may be established by Council.
[Amended 4-17-2006 by Ord. No. 2006-20]
The following departments are hereby established:
A.
Administration: supervised by the Township Administrator.
B.
Finance: supervised by the Chief Municipal Finance
Officer.
C.
Public Safety: supervised by the Chief of Police.
D.
Public Works: supervised by the Superintendent of
Public Works.
E.
Recreation: supervised by the Recreation Director.
F.
Tax Assessment: supervised by the Tax Assessor.
G.
Tax Collection: supervised by the Tax Collector.
H.
Building Inspection Department: supervised by the
Construction Official.
I.
Purchasing Department: supervised by the Purchasing
Agent.
J.
Animal Control Department: supervised by the Chief
Animal Control Officer.
K.
Community Development Department: supervised by the
Community Development Director.
L.
Fire Prevention Bureau: supervised by the Fire Prevention
Officer.
M.
Municipal Court: supervised by the Municipal Court
Administrator.
N.
Network Administration Department: supervised by the
Network Administrator.
O.
Township Clerk's Department: supervised by the Township
Clerk.
