Under the direction and supervision of the Mayor
as chief executive, there shall be such departments, not exceeding
nine in number, as established by this chapter or by amendments or
supplements thereto. Each department shall have, exercise and discharge
such functions, duties and powers as may be provided by the Charter,
this chapter or by other ordinance. The following departments are
hereby established:
A.
The head of each department shall be a Director, appointed
by the Mayor with the advice and consent of the Council.
B.
The head of the Division of Finance shall have the
title of Chief Financial Officer.
C.
The Mayor shall recruit, select and appoint persons
qualified by training and experience for their respective office as
Department heads.
D.
Each Department head shall serve a term of one year,
unless removed from office by the Mayor, and shall continue to serve
until a successor is appointed and qualified.
E.
Each Department head serves at the pleasure of the
Mayor regardless of the term of appointment.
F.
Personnel subordinate to the Director of a Department
shall be appointed by the Mayor with the advice and consent of Council,
except as otherwise provided by this chapter, and shall serve during
the term of Mayor, unless otherwise provided by the Charter, general
law, this chapter or other ordinances.
G.
Personnel subordinate to the Director of a Department
may be removed by the Director with the approval of the Mayor, unless
otherwise provided by the Charter, general law, this chapter or other
ordinances.
H.
Nothing in this chapter shall be construed to prevent
the Mayor from appointing to any position for which the Mayor has
the responsibility of 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
chapter.
I.
The Mayor shall send to Council the names of his appointees
to the position of Department heads and subordinate personnel within
45 days of assuming office.
J.
Council shall act on appointments of Department heads
and subordinate personnel within 15 calendar days following receipt
of the nominations by Council.
K.
No new department, division, office, officer or employee
position shall be created except by action of the Council, and no
existing department, division, office, officer or employee position
shall be abolished except by action of the Council; the creation and/or
the abolition of any position by Council shall be specifically noted
as appropriate in the annual budget; and any ordinance establishing
a new department, division, office, officer or employee position shall
include a statement of the powers, duties and responsibilities of
the function therein created, and this chapter shall be appropriately
amended.
Whenever a vacancy exists in any office required
by the Charter or by this chapter to be filled by the Mayor with the
advice and consent of Council and there is no holdover incumbent,
the Mayor may temporarily fill such vacancy, in the absence of any
contrary provision in the Charter or in this chapter, by appointing
an acting officer, including the designation of himself as an acting
Department head in the event of a vacancy in such office. Such appointee
shall have all of the functions, powers and duties of the office until
it shall be permanently filled. Any such appointment shall terminate
not later than 60 days after the date of the appointment, unless the
Council shall by resolution authorize one or more extensions of such
a period.
A.
In order to ensure the smooth transition from one
administration to the next, in any office required by the Charter
or by this chapter to be filled by appointment by the Mayor, the Mayor
may require any outgoing officer to serve as Acting Deputy to the
officer appointed to fill the position in which the outgoing officer
has previously served. Such appointments as Acting Deputy shall terminate
not later than 45 days after the appointment and qualification of
the successor.
B.
The powers, functions and duties of such an Acting
Deputy shall be those established by the Mayor at the time of the
appointment.
C.
In the event that an Acting Deputy is required by
the Mayor to serve in a position for which he receives monetary compensation,
he shall be compensated during the term as Acting Deputy at not less
than 50% of the rate he received while incumbent in his position.
His rate of compensation shall be determined by the Council.
The head of each department, under the supervision
of the Mayor and subject to the Charter and to this chapter, shall:
A.
Prescribe the internal organization of the Department
and the duties of subordinate officers and employees within the Department,
except as provided by the Charter, this chapter or by ordinance.
B.
Ensure that all powers, functions and duties assigned
to the Department are carried out with diligence.
C.
Operate his Department in an efficient and effective
manner.
D.
Report in writing to the Mayor recommendations for
improving Departmental performance, requirements of the Department
and the results of assignments made to the Department.
E.
Report promptly to the Mayor and to the Chief Financial
Officer projected deviations in the financial performance of the Department.
F.
Report at least annually to the Mayor and Council,
in such form as shall be approved by the Mayor, on the work of the
Department during the preceding year.
G.
Cooperate with the Mayor, Chief Financial Officer
and Council in the preparation of the annual budget, providing supporting
information for all budgetary requirements and explanation of all
deviations from previous budgets.
H.
Assign functions, powers and duties to subordinate
officers and employees within the Department and modify such assignments
as need appears.
I.
Assign priorities to the conduct of the functions,
powers and duties allocated to the Department.
J.
Supervise the work of the Department through the Divisions
established by this chapter and supervise and direct the work of the
employees of the Department.
K.
Delegate to other officers or employees of his Department
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 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 and with funds available for the performance of the functions
of his Department from sources outside the Township.
The Chief Financial Officer, Municipal Tax Collector,
Deputy Clerk, Court Administrator, Deputy Court Administrator, Municipal
Court Judge, Clerical Assistant and Water and Sewer Clerk and such
other employees mandated by law shall each 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, 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 person any
other service upon terms more favorable than are 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 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 of 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 any action or proceedings against the interest of the Township
in any litigation to which the Township is a party.
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,
nor shall any official or employee recommend or lobby for the adoption
or defeat of any such measure or for the institution or 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
any 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 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 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 civic organizations shall be allowed to use such Township facilities
as may be deemed appropriate.
E.
No municipal official or employee shall, without proper
legal authorization, disclose confidential information concerning
the property, government or affairs of the Township, nor shall be
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 rights of any officer
or employee shall not be adversely affected due to the adoption of
this chapter 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.
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, appointed by the Mayor with the advice and consent
of the 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 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 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 opened 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 be no successor, to the Clerk or other
person who may be designated by the Council to receive 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 the
approval of the Council, except as otherwise provided by law.
Whenever an addition of personnel within any
Department shall be authorized by ordinance or whenever a vacancy
shall exist in an previously authorized position, such position being
that of Department Director or one for which monetary compensation
is authorized, the vacancy shall be announced in a public meeting
of the Council and shall be advertised once in the official newspaper
of the Township. Such announcement shall specify the nature of the
position, the person to whom applications shall be submitted and the
date by which applications are due. At least seven days shall be provided
between appearance of the advertisement and closing of applications.
