[This Charter consists of Chapter 201 of
the Laws of New Jersey 1955, which was approved by the voters of the
Township at an election held November 8, 1955. A uniform system of
stylization (capitalization, punctuation, number clarification, etc.)
has been employed, and a listing of section titles has been added
preceding the text for the convenience of the user. No substantive
changes have been made to the text of the Charter.][1]
[1]
Editor's Note: Pursuant to a special election held 7-21-1981,
all references to "Town" have been changed to "Township" throughout
the Charter.
This Act shall be known as the "Charter Supplement
of the Township of Bloomfield, 1955," hereinafter referred to as the
"Charter."
[Amended 10-6-2008 by Res. No. (9)6]
The provisions of this Act shall be construed
as a reenactment of those provisions of the referendum act for the
incorporation of towns (1895) (N.J.R.S. 40:123-1 et seq.)[1] and all other legislation relating to the town form of
government, which are incorporated herein either verbatim or by reference.
Upon the adoption of this Charter Supplement by the voters, as hereinafter
provided, the Township shall be governed by the provisions hereof
and by such provisions of general law relating to towns or municipalities
generally as are not inconsistent herewith. This Act shall not affect
the determination of ward boundaries as heretofore established pursuant
to law (N.J.R.S. 40:44-1 et seq.).[2]
[Amended 10-6-2008 by Res. No. (9)6]
Upon the adoption of this Charter Supplement
by the voters, as hereinafter provided, the inhabitants of the Township
of Bloomfield in the County of Essex, within the territorial limits
of the Township as heretofore prescribed by "An act to incorporate
the Town of Bloomfield in the County of Essex," approved February
26, 1900 (Laws of 1900, Chapter 3), and any amendments thereof; shall
continue as a body politic and corporate with perpetual succession
under the name of "The Township of Bloomfield."
The Township Council shall consist of the Mayor
and three (3) Councilmen elected at large and three (3) Councilmen
elected by wards, one (1) from each of three (3) wards. At the first
general election following the first primary election which is held
not less than forty-five (45) days after this section takes effect,
Councilmen to be elected for full terms shall be nominated and elected
at large, and those to be elected for full terms at the next succeeding
election of Councilmen shall be nominated and elected from wards as
heretofore. Their respective successors shall thereafter be elected
at large and from wards, as the case may be. The Township shall be
governed by the Township Council, elected as above stated, and by
such appointive officers and employees as may be constituted or authorized
by general law, the Charter or ordinance.
[1]
Editor's Note: At the election held 11-8-1955, at which this Charter was approved by the Township voters, the provisions of Section 16 of Chapter 201 of the Laws of New Jersey 1955 were adopted in lieu of Section 4 as set out in that Act. The original Section 4 thus being inoperative, the provisions of Section 16 are set out herein as § C4.
The Mayor and Councilmen shall be elected at
a general election to serve for terms of three (3) years, beginning
January 1 next following their respective elections, and until the
election and qualification of their respective successors. The Mayor
and Councilmen elected at the general election in November 1956 shall
serve for terms of three (3) years. The Mayor and Councilmen in office
on January 1, 1957, or who take office on that date, shall continue
in office for the remainder of the respective unexpired terms for
which they were elected.
Whenever a vacancy occurs in the office of Mayor
or Councilman, the remaining members of the Council shall fill the
vacancy by appointment of a qualified elector of the same political
party to serve temporarily until the vacancy is filled by the election
and qualification of a successor. The vacancy shall be filled by election
of a qualified person at the next general election held not less than
forty (40) days following the occurrence of the vacancy, to serve
for the remainder of the unexpired term, provided that no election
to fill a vacancy for the remainder of an unexpired term shall be
held at any general election in which the same office is to be filled
by election for a full term.
The Township Council, subject to the provisions
of the Charter, shall:
A.
Serve as the governing body of the Township.
B.
Adopt the Township budget, authorize the issuance
of bonds and other obligations and levy taxes as authorized by general
law.
C.
Notwithstanding the provisions of Chapter 125 of Title
40 of the New Jersey Revised Statutes (N.J.R.S. 40:125-1 through 40:125-40),[1] have power to organize and regulate the internal affairs
of the Township, with power to establish, alter and abolish offices,
positions and employments and to define the functions, powers and
duties thereof and to fix the terms and compensation of all Township
officers and employees, except that this section shall not be construed
to authorize compensation heretofore fixed by referendum to be modified
without another referendum.
[1]
Editor's Note: Repealed by L. 1988, c. 7. See now N.J.S.A.
40A:62-l et seq.
D.
Appoint the Township Administrator and fill such other
appointive offices, employments and positions as may be created by
law or ordinance where no other provision is made for such employment.
E.
Have power to appropriate and authorize the expenditure
of Township moneys and to adopt, amend and repeal such ordinances
and resolutions as may be required for the good government of the
Township.
F.
Exercise such other powers of legislation and administration
as are vested in the governing body by general law.
The Council shall act as a whole with respect
to all matters within its jurisdiction, and there shall be no standing
committees of the Council to perform administrative functions. Special
committees and the Chairmen thereof, for legislative purposes, may
be appointed by the Mayor at any regular or special meeting of the
Council.
The Mayor shall have the powers and duties prescribed
for the office by general law, the Charter and ordinances of the Township.
Without limitation of the foregoing, the Mayor shall:
A.
Have, exercise and discharge the functions, powers
and duties of the Councilman at large in townships.
B.
Preside at all meetings of Council at which he is
present and appoint Council committees as authorized by the Charter.
C.
Exercise such powers of approval and veto of ordinances
and resolutions as are conferred upon the Mayor by general law.
D.
Consult and advise with the Township Administrator
during the preparation of the annual Township budget, and, upon the
preparation of the budget in the manner and form required by the Charter,
he shall introduce the budget ordinance in accordance with the Council's
rules of procedure.
E.
Have, exercise and discharge such other and different
functions, powers and duties as the Council may delegate to him by
ordinance, which it may adopt, amend and repeal as need appears.
The Township Administrator shall be appointed
by the Council to serve for an indefinite term at the pleasure of
the Council. He shall be chosen solely on the basis of his executive
and administrative qualifications with special reference to his training
and actual experience in or his knowledge of accepted practices in
respect to the duties of his office. At the time of his appointment,
he need not be a resident of the Township or state, but during his
term of office he may reside outside the Township only with the approval
of the Council. He may be removed by the Council by vote of a majority
of the members of the Council after the service upon him of notice,
in writing, stating the intention to remove him and the reasons therefor
and giving him an opportunity to be heard at a public hearing not
less than twenty (20) nor more than thirty (30) days after the service
of such notice. The Township Administrator shall, under the general
direction of the Township Council:
A.
Be responsible for the preparation of the budget document
and the compilation and analysis of budget costs and estimates, the
maintenance of sound personnel policies and administrative practices;
and the purchasing of materials, supplies and equipment to be furnished
and work and labor to be done for the Township.
B.
Supervise the administration of all departments, offices
and agencies of the Township government.
C.
Conduct prebudget public hearings during the month
of November in each year, during which each department head shall
have an opportunity to present and justify his budget requests.
D.
Prepare the annual budget for introduction in such
form and with such explanatory statements and schedules, consistent
with the local budget law, as the Council shall provide.
E.
Approve all bills and vouchers for payment, subject
to audit and control in such manner as the Council shall provide.
F.
Study the governmental and administrative operations
and needs of the Township government and prepare and recommend to
the Council necessary and desirable plans and programs with respect
thereto.
G.
Attend all meetings of Council and perform such other
duties as the Council may prescribe.
The head of each department shall prepare and
submit to the Township Administrator, on or before November 1 in each
year, budget requests for the ensuing budget year, stating, separately,
requests for current operations and for capital purposes. Such requests
shall be in such form and shall be supported by such detail as the
Township Administrator shall require.
The Council, by ordinance, shall continue and
may, from time to time, modify provisions for the exercise of a control
function, in the management of the finances of the Township by some
officer other than the Administrator. The control function shall include
provision for an encumbrance system of budget operation, for expenditures
only upon written requisition, for the preaudit of all claims and
demands against the Township prior to payment and for the control
of all payments out of any public funds by individual warrants for
each payment to the official having custody of the fund. Such ordinance
or ordinances shall supersede, with respect to the Township of Bloomfield,
the provisions of N.J.R.S. 40:125-15.[1]
[1]
Editor's Note: Repealed by L. 1988, c. 7. See now N.J.S.A.
40A:62-l et seq.
The Council, subject to the provisions of the
Charter, shall, on or before the 60th day following the date this
Charter takes effect, provide for the organization of the administrative
functions of the Township government into not more than ten (10) departments.
The Council shall also allocate and assign, by ordinance, the administrative
functions, powers and duties of the Township among and within such
departments, subject to the provisions of this Charter and general
law. The Council may appoint the Township Administrator to be the
head of a department, in which event the provisions of N.J.R.S. 40:125-38[1] shall be inapplicable to such appointment and the acceptance
thereof.
[1]
Editor's Note: Repealed by L. 1988, c. 7. See now N.J.S.A.
40A:62-l et seq.
All ordinances and resolutions of the Township,
to the extent that they are not inconsistent with this Charter, shall
remain in full force and effect following the adoption of the Charter
until modified or repealed by the Council. All officers and employees
shall continue in their respective offices and positions subject only
to the express provisions of the Charter. The civil service status,
tenure and pension rights of officers and employees of the Township
and of any of its agencies and instrumentalities shall not be affected
by the adoption of this Charter. All property rights and obligations,
interests in litigation and pending matters of all kinds shall continue
unaffected by the adoption of this Act.
