The form of government of the Township of Hardyston shall be known as the "Council Manager Plan" and shall, together with the provisions of N.J.S.A. 40:69A-26 to 40:69A-30 and N.J.S.A. 40:69A-163 to 40:69A-167, govern the Township.
The Township shall be governed by an elected council and by an appointed municipal manager and by such other officers and employees as may be duly appointed pursuant to this Charter, general law or ordinance.
The municipal council shall consist of three members who shall serve for terms of three years beginning on the first day of January next following their election.
[1]
Editor's Note: See § 3-2.
Members of the municipal council shall be elected at large by the voters of the municipality at the general election.
Notwithstanding any provision of law to the contrary, adoption of this Charter shall not affect the terms of office of incumbent members of the Township Committee. Candidates for election to the council for a term commencing on January 1 next following the year in which this Charter is adopted and becomes effective in the Township, shall run in the general election and shall serve for a period of three years from said January 1; in each succeeding general election a member of the council shall be elected for a term of three years.
On the first day of January of each year the members of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all members of the municipal council.
[1]
Editor's Note: See § 3-5.
The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in its proceedings. All bonds, notes, contracts and written obligations of the municipality shall be executed on its behalf by the mayor or, in the event of his inability to act, by such councilman as the municipal council shall designate to act as mayor during his absence or disability. Powers and duties of the mayor shall be only such as are expressly conferred upon him by this Charter or by general laws.
All powers of the municipality and the determination of all matters of policy shall be vested in the municipal council, except as otherwise provided in this Charter or by general law.
The municipal council shall appoint a municipal manager and a municipal clerk. Both of such offices may be held by the same person. The council may provide for the manner of appointment of a municipal attorney, any planning board, zoning board of adjustment or personnel board in the municipality and may create commissions and other bodies with advisory powers.
The municipal council shall continue or create, and determine and define the powers and duties of such executive and administrative departments, boards and offices, in addition to those provided for herein, as it may deem necessary for the proper and efficient conduct of the affairs of the municipality, including the office of deputy manager which shall not be included in the classified service under Title 11 of the Revised Statutes. Any department, board or office so continued or created may at any time be abolished by the municipal council.
It is the intention of this Charter that the municipal council shall act in all matters as a body, and it is contrary to the spirit of this Charter to influence the official acts of the municipal manager, or any other officer, or for the council or any of its members to direct or request the appointment of any person to, or his removal from, office; or to interfere in any way with the performance by such officers of their duties. The council and its members shall deal with the administrative service solely through the manager and shall not give orders to any subordinates of the manager, either publicly or privately. Nothing herein contained shall prevent the municipal council from appointing committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department, or any matter relating to the welfare of the municipality, and delegating to such committees or commissions such powers of inquiry as the municipal council may deem necessary. Any councilman violating the provisions of this section shall, upon conviction thereof in a court of competent jurisdiction, be disqualified as councilman.
[1]
Editor's Note: See § 3-8.
The municipal manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a resident of the municipality or State, but during his tenure of office he may reside outside the municipality only with the approval of council.
[1]
Editor's Note: See § 3-12.
The municipal manager shall hold office for an indefinite term and may be removed by a majority vote of the council. At least 30 days before such removal shall become effective, the council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The 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 council by majority vote of its members may adopt a final resolution of removal. By the preliminary resolution the 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 purpose of this section, "good cause" shall mean conviction of a crime or offense involving moral turpitude, the violation of the provisions of section 17-14, 17-15, 17-16, 17-17 or 17-18 of P.L. 1950, c. 210 (C. 40:69A-163 through 40:69A-167), or the violation of any code of ethics in effect within the municipality.
The manager may designate a qualified administrative officer of the municipality to perform his duties during his temporary absence or disability. In the event of his failure to make such designation, the council may by resolution appoint an officer of the municipality to perform the duties of the manager during such absence or disability until he shall return or his disability shall cease.
The municipal manager shall:
a. 
Be the chief executive and administrative official of the municipality;
b. 
Execute all laws and ordinances of the municipality;
c. 
Appoint and remove a deputy manager if one be authorized by the council, all department heads and all other officers, subordinates, and assistants, except municipal tax assessor, for whose selection or removal no other method is provided in this Charter, except that he may authorize the head of a department to appoint and remove subordinates in such department, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the municipal council;
d. 
Negotiate contracts for the municipality subject to the approval of the municipal council, make recommendations concerning the nature and location of municipal improvements, and execute municipal improvements as determined by the municipal council;
e. 
See that all terms and conditions imposed in favor of the municipality 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 municipal council;
f. 
Attend all meetings of the municipal council with the right to take part in the discussion, but without the right to vote;
g. 
Recommend to the municipal council for adoption such measures as he may deem necessary or expedient, keep the council advised of the financial condition of the municipality, 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;
h. 
Investigate at any time the affairs of any officer or department of the municipality,
i. 
Perform such other duties as may be required of the municipal manager by ordinance or resolution of the municipal council.
The municipal manager shall be responsible to the council for carrying out all policies established by it and for the proper administration of all affairs of the municipality within the jurisdiction of the council.
The municipal budget shall be prepared by the municipal manager. During the month of November in each year, the municipal manager 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.
On or before the fifteenth day of January the municipal manager shall submit to 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.
The council shall, where practicable, provide by ordinance for the operation of a system of work programs and quarterly allotments for operation of the budget, and for development and reporting of appropriate unit costs of budgeted expenditures.
Any provision of general law conferring the appointing power or other power upon the mayor or other executive head of the municipality shall be construed as meaning the municipal manager, and the appointments or the power exercised by the municipal manager in accordance with such provision shall be classified and given the same force and effect as if executed by the official named therein.
Any appropriations made in any year for the purpose of providing for costs of the election for submission of this Charter to the voters or costs directly attributable to the adoption of this Charter, including, but not by way of limitation, the salary of the municipal manager shall be considered a mandated expenditure within the meaning of N.J.S.A. 40A:4-45.3(g).
a. 
Committee and Committeemen. The Township committeemen in office upon the effective date of the Charter shall continue, each for the remainder of his unexpired term, and shall constitute the committee under this chapter for all purposes.
b. 
Ordinances and Resolutions. All ordinances and resolutions of the Township adopted prior to the effective date of the Charter shall remain in full force and effect, except to the extent that they are inconsistent with the provisions of the Charter, until altered, amended or repealed pursuant to law.
c. 
Officers and Employees. The adoption of the Charter shall not affect the term, tenure, pension rights, civil service rights or compensation of any person in office or employment upon the effective date of the Charter.
d. 
Volunteer fire Companies. The adoption of the Charter shall not in any way adversely affect the status, rights, privileges or immunities of the volunteer fire companies or their individual members.
e. 
Administrative Code. Within 30 days after the effective date of the Charter, the committee shall provide by ordinance for the organization and administration of the Township government in accordance with the requirements of the Charter. Pending enactment of such an ordinance or ordinances, the Township government may be organized and administered as heretofore.
f. 
Pending Actions and Proceedings. No action or proceedings, civil or criminal, pending at the time when this Charter shall take effect, brought by or against the Township or any agency or officer, shall be affected or abated by the adoption of the Charter or administrative code. All such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer, party thereto, may be assigned or transferred to another agency or officer. In that event, the action or proceeding may be prosecuted or defended by the head of the agency or the officer to which such functions, powers and duties are assigned or transferred.
If any section, subsection, sentence, clause, phrase or portion of this Charter is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and the invalidity thereof shall not affect the validity of the remaining portions thereof.