[Amended by Ord. No. 97-7]
A.
Chief executive and administrative officer. The Township
Manager shall function as chief executive of the Township of Lower.
He shall have administrative control of all departments set forth
in this section.
B.
Qualifications. The Township Manager shall be chosen
by the Council solely on the basis of his experience and administrative
qualifications with special reference to his actual experience in,
or his knowledge of, accepted practices in respect to the duties of
his office. If the Township Manager is not then a resident of the
Township, within 90 days of his appointment as Township Manager, he
shall establish permanent residency within the Township and remain
domiciled in the Township during his tenure; however, Council may,
by resolution, at any time waive such residency requirement as permitted
by N.J.S.A. 40:69A-92.
C.
Term and removal. The Township Manager shall hold
office for an indefinite term and may be removed by a majority vote
of the Township Council. At least 30 days before such removal shall
become effective, the Township Council shall by a majority vote of
its members adopt a preliminary resolution stating the reasons for
his removal. The Township Manager may reply in writing and may request
a public hearing, which shall be held not earlier than 20 days nor
later than 30 days after the filing of such request. After such public
hearing, if one be requested, and after full consideration, the Township
Council by majority vote of its members may adopt a final resolution
of removal. By the preliminary resolution, the Township Council may
suspend the Manager from duty, but shall in any case cause to be paid
him forthwith any unpaid balance of his salary and his salary for
the next three calendar months following adoption of the preliminary
resolution unless he is removed for good cause. For the purposes of
this section, "good cause" shall mean conviction of a crime or offense
involving moral turpitude, the violation of the provisions of N.J.S.A.
40:69A-163 through 40:69A-167, or the violation of any Code of Ethics[1] in effect within the Township.
D.
Powers and duties. The Township Manager shall:
(1)
Be the chief executive and administrative official
of the Township of Lower.
(2)
Execute all laws and ordinances of the Township.
(3)
Appoint and remove a Deputy Manager, if one be authorized
by the Township Council, and all department heads and all other officers,
subordinates, and assistants, except the Township Tax Assessor, for
whose selection or removal no other method is provided herein, supervise
and control his appointees, and report all appointments or removals
at the next meeting thereafter of the Township Council. The Manager
may authorize the head of a department to appoint and remove subordinates
in such department.
(4)
Negotiate contracts for the Township subject to the
approval of the Township Council, make recommendations concerning
the nature and location of municipal improvements, and execute municipal
improvements as determined by the Township Council.
(5)
See that all terms and conditions imposed in favor
of the Township or its inhabitants in any statute, public utility
franchise or other contract are faithfully kept and performed, and
upon knowledge of any violation call the same to the attention of
the Township Council.
(6)
Attend all meetings of the Township Council with the
right to take part in the discussions, but without the right to vote.
(7)
Recommend to the Township Council for adoption such
measures as he may deem necessary or expedient, keep the Council advised
of the financial condition of the Township, make reports to the Council
as requested by it, and at least once a year make an annual report
of his work for the benefit of the Council and the public.
(8)
Investigate at any time the affairs of any officer
or department of the Township.
(9)
Perform such other duties as may be required by the
Township Manager by ordinance or resolution.
(10)
Be responsible to the Council for carrying out all
policies established by it and for the proper administration of all
affairs of the Township within the jurisdiction of the Council.
E.
Budget.
(1)
The Township budget shall be prepared by the Township
Manager. During the month of November in each year, he or she shall
require all department heads to submit requests for appropriations
for the ensuing budget year and to appear before him at public hearings,
which shall be held during that month, on the various requests.
(2)
On or before the 15th day of January, the Township
Manager shall submit to Township Council his recommended budget together
with such explanatory comment or statement as he may deem desirable.
The budget shall be in such form as is required by law for municipal
budgets, and shall in addition have appended thereto detailed analysis
of the various items of expenditure and revenue.
F.
Agenda.
(1)
The Township Manager shall prepare the agenda for
all Township meetings and then distribute the agenda to the Township
Clerk. The Clerk shall then disseminate a copy to the Mayor, all Council
members and the Township Solicitor. A copy of the complete agenda
together with all ordinances, resolutions, correspondence and other
memoranda shall be submitted no later than 6:00 p.m. on the fourth
calendar day next preceding the scheduled meeting.
(2)
The Township Clerk shall cause a copy of the agenda
to be posted on the Township bulletin board and shall comply with
all provisions of N.J.S.A. 10:4-6 et seq.
G.
Personnel.
(1)
The Township Manager shall maintain a centralized
system of personnel files for all Township employees.
(2)
The personnel files shall be under the control of
the Township Manager, and no employee shall have access to same without
his or her approval.
(3)
Personnel files shall contain the following types
of information: date of hire, pay history, job description, job history
with Township, performance evaluations, record of disciplinary actions
and commendations.
(4)
The personnel files shall be confidential, and only
the Township Manager and the Assistant Manager, if there be one, shall
have access to same. Any person having access to said files, or any
of them, shall maintain the confidentiality of said files.
A.
Each department shall be headed by a director. The
director shall be chosen solely on the basis of his executive and
administrative ability. Each director shall be supervised by, and
be immediately subordinate to, the Township Manager.
B.
The Township shall consist of the following departments:
C.
Department directors.
(1)
Appointment; term; compensation. The Township Manager
shall appoint the directors of all departments. Their compensation
shall be provided in the annual Salary Ordinance.
(2)
Removal. The Township Manager may remove directors
at will, subject only to civil service and procedures delineated in
N.J.S.A. 40A:9-161.
(3)
Powers and duties. The directors shall:
(a)
When authorized by the Township Manager, appoint
and remove subordinate officers and employees within their departments.
(b)
Plan and supervise the work of the department.
(c)
Report at least monthly to the Township Manager
on the work of their department, in such form as the Township Manager
shall specify.
(d)
Authorize all purchase requisitions or provide
for their authorization and certify the correctness and propriety
of all payrolls and vouchers or provide for the certification.
(e)
Perform such other duties as may be assigned
by the Township Manager.
D.
Employees.
(1)
Each department, office and agency may have such positions as the council may authorize. Employees shall be appointed and may be removed pursuant to Charter and the Township's personnel rules and shall be paid in accordance with the annual Salary Ordinance. Employees shall be hired on the basis of their qualifications, past experience, and performance on the civil service test. Township residency, for non-police-depatrment applicants seeking employment, will be considered as a preferential factor where allowed by civil service. Nothing herein shall be construed to affect the residency requirement for the Police Department as noted in § 90-8 of the Lower Township Code.
[Amended 3-18-2019 by Ord. No. 2019-03]
[Amended by Ord. No. 89-15]
A.
The Department of Revenue and Finance shall be headed
by a director, who shall also be the Chief Financial Officer of the
Township.
B.
The Department of Revenue and Finance shall perform
all appropriate functions associated with:
(1)
Budgetary accounting, fiscal control and reporting.
(2)
Custody, investment and disbursement of Township monies.
(3)
Purchasing and review of purchasing of all departments
in conjunction with the Township Manager.
(4)
Payroll.
(5)
Data processing.
(6)
Local public assistance.
(7)
Such other duties as may be assigned by Township Manager.
C.
Division of Tax Assessment.
(1)
The Division of Tax Assessment shall be a component
of the Department of Revenue and Finance and shall be directed by
the Township Tax Assessor.
(3)
Maintenance of a current Tax Map of the Township as
a public record with all changes in ownership or character of the
real property assessed or recorded thereon. For said purpose, the
Assessor shall utilize the facilities of the Township Engineer as
may be required.
(4)
Such other duties as may be prescribed by statute.
D.
Division of Tax Collection.
(1)
The Division of Tax Collection shall be a component
of the Department of Revenue and Finance and shall be directed by
the Township Tax Collector.
(2)
The Division of Tax Collection shall perform all appropriate
functions associated with:
(a)
Receipt and collection of all monies assessed
or raised by taxation or assessment and other municipal charges as
assigned.
(b)
Maintenance of proper records.
(c)
Issuance of a monthly report to the Township
Manager accounting for all monies for which he or she is responsible.
(d)
Maintenance of a current record of all tax title
liens.
(e)
Preparation of all tax searches as required.
(f)
Such other duties as may be prescribed by statute.
(g)
Such other duties as may be assigned by the
Township Manager.
E.
Qualified
Purchasing Agent.
[Added 7-20-2009 by Ord. No. 2009-09[1]]
(1)
“Qualified
Purchasing Agent” shall mean a purchasing agent who is the holder
of a Qualified Purchasing Agent certificate issued pursuant to Section
9 of P.L. 1971, c.198 (N.J.S.A. 40A:11-9).
(2)
The
Office of Qualified Purchasing Agent shall be a component of the Department
of Revenue and Finance subject to the direction and control of the
Chief Financial Officer of the Township.
(3)
The
Qualified Purchasing Agent shall be authorized, responsible and accountable
as the Township’s contracting agent for all purchasing activity
for the Township and perform all appropriate functions associated
therewith as more fully set forth in P.L. _______, c.____ (N.J.S.A.
_________) which shall include, without limitation, the following:
(a)
_____Preparation
of public advertising for bids and receipt of bids for the provision
or performance of goods or services on behalf of the Township.
(b)
_____Award
of all contracts permitted under N.J.S.A. 40A:11-3 in the name of
the Township, subject to the approval of the Township Council and
Township Manager, where appropriate.
(c)
_____Conducting
any and all additional activities as may be necessary or appropriate
for the purchasing function of the Township.
(4)
The
Qualified Purchasing Agent shall maintain all of the qualifications
and shall have completed all of the training set forth in P.L. _______,
c.____ (N.J.S.A._________).
[1]
Editor’s Note: This ordinance provided that until such
time as Senate Bill S770 and Assembly Bill A1645 have been signed
into law by the Governor and have taken effect in accordance with
the terms and conditions set forth therein, the Qualified Purchasing
Agent shall be considered the Purchasing Agent based upon and with
all of the authority, duties and responsibilities contained in N.J.S.A.
40A:11-9.
A.
The Department of Planning and Development shall be
headed by the Township Planning Director.
B.
The Department shall perform all appropriate functions
associated with:
(1)
Zoning enforcement.
(2)
Processing of subdivision and site plan applications.
(3)
Providing of staff assistance to the Township Planning
Board and Zoning Board of Adjustment.
(4)
Necessary updating of the Township Master Plan and
Zoning Ordinance.
(5)
Such other duties as may be assigned by the Township
Manager.
(6)
Providing staff assistance to the Planning Board,
the Zoning Board of Adjustment, the Environmental Commission and any
other appropriate Township boards or commissions.
(7)
Such other duties as may be assigned by the Township
Manager.
C.
Division of Code Enforcement.
(1)
The Division of Code Enforcement shall be a component
of the Department of Planning and Development and shall be directed
by the Township Construction Official.
(2)
The Division of Code Enforcement shall employ or provide
for a plumbing subcode official, an electrical subcode official and
a fire subcode official.
[Amended by Ord. No. 96-25]
A.
The Department of Public Works shall be headed by
a Director who shall be a certified public works manager or professional
engineer.
B.
The Department shall perform all appropriate functions
associated with:
(1)
Maintenance, construction and reconstruction of streets,
roads, sewer, water supply, drainage and parking facilities.
(2)
Maintenance of Township equipment and vehicles.
(3)
Installation, repair and maintenance of traffic signals,
signs, electrical equipment.
(4)
Snow and ice control.
(5)
Maintenance and repair of public buildings.
(6)
Leaf removal.
(7)
Maintenance of public parks, playgrounds and playing
fields.
(8)
Garbage, trash and refuse collection and disposal.
(9)
Recycling.
(10)
Such other duties as may be assigned by the Township
Manager.
A.
The Department of Public Safety shall be headed by
a Director, who shall also be the Chief of Police.
B.
The Director shall be responsible for the routine
day-to-day operation of the Police Department. He shall:
(1)
Administer and enforce rules and regulations and special
emergency directives for the disposition and discipline of the force
and its officers and personnel.
(2)
Have, exercise and discharge the functions, powers
and duties of the force.
(3)
Prescribe the duties and assignments of all subordinates
and other personnel.
(4)
Delegate such of his authority as he may deem necessary
for the efficient operation of the force to be exercised under his
direction and supervision.
(5)
Report at least monthly to the Township Manager in
such form as shall be prescribed by the Township Manager on the operation
of the force during the preceding month and make such other reports
as may be requested by such authority.
C.
The Department of Public Safety shall perform all
appropriate functions associated with:
(1)
The maintenance of peace and order within the jurisdictional
limits of the Township.
(2)
The suppression and eradication of crime in the Township.
(3)
Protection of persons and property in the Township.
(4)
Regulation of vehicular and pedestrian traffic.
(5)
Removal of nuisances from streets and other public
places.
(6)
Enforcement of all state laws and Township ordinances.
[Amended by Ord. No. 2002-1]
A.
Township Engineer. Council shall appoint a Township
Engineer for a term of office not to exceed three years and shall
enter into a written contract with the Township specifying the terms
and costs of his services.
B.
Township Auditor. The Township Council shall appoint
a Township Auditor and shall enter into a written contract with the
Township for the cost of his services.
A.
The Director of Emergency Management shall be in charge
of the Department of Civil Defense and Disaster Control for the Township.
B.
The Director of Emergency Management shall be appointed
by the Township Manager in accordance with N.J.S.A. App. A:9-40.1
and N.J.S.A. 40:69A-98.
C.
The Director of Emergency Management shall coordinate
his efforts with the Director of Public Safety and, where applicable
under the law, shall work in conjunction with, and under the direction
of, the Mayor.
D.
The Director of Emergency Management shall maintain
liaison with affiliated emergency services.
E.
During time of emergency, the Director of Emergency
Management shall exercise all duties imposed upon him by law.
[Added 8-2-2010 by Ord. No. 2010-07]
A.
Establishment and creation. There is hereby established a Department of Fire Safety, which shall have all of the duties and authorities as set forth in this section and in Chapter 340 of the Township Code.
B.
Local enforcement of code. Pursuant to N.J.S.A. 52:27D-202, the New
Jersey Uniform Fire Code shall be enforced in the Township of Lower
by Fire Districts No. 1, No. 2 and No. 3.
C.
Local enforcing agency designated. The Department of Fire Safety
shall be responsible for enforcing the New Jersey Uniform Fire Code
and shall be the local enforcing agency under the jurisdiction and
control of the Fire Commissioners of the Township of Lower Fire Districts
No. 1, No. 2 and No. 3 (hereinafter referred to as the "Commissioners").
D.
Organization. A Fire Official shall be appointed, in accordance with Subsection E, who shall serve as the department head of the Department of Fire Safety and shall supervise the enforcement of the New Jersey Uniform Fire Code. The local enforcing agency shall be under the direct supervision and control of the Fire Official, who shall report to the Commissioners. The Commissioners shall raise such funds, if necessary, to support the operations of the local enforcing agency in a manner provided by law.
E.
Appointment of Fire Official; term; inspectors; removal.
(1)
Appointment of Fire Official. The Commissioners shall appoint a Fire
Official, who shall be charged with the direct supervision and control
of the local enforcing agency and shall be the department head of
the Department of Fire Safety.
(2)
Term of office. The Fire Official shall serve for a term of three
years commencing January 1. Any vacancy shall be filled for the unexpired
term.
(3)
Appointment of inspectors and employees. The Commissioners shall
appoint such inspectors as may be necessary to carry out all required
inspection activity within the Township of Lower. Such inspectors
shall be under the supervision and control of the Fire Official.
(4)
Removal from office. The Fire Official, inspectors and other employees
of the local enforcing agency shall be subject to removal by the Commissioners
for inefficiency or misconduct. The Fire Official, each inspector
or employee so removed from office shall be afforded an opportunity
to be heard by the Commissioners or by a designated hearing officer.
