[Amended 10-1-2001 by Ord. No. 25-2001]
Within the Department there shall be a Division
of Municipal Operations, the head of which shall be the Township Administrator.
The Division shall include such other personnel as shall be authorized
by ordinance.
A. Duties and powers of Township Administrator.
(1) The Township Administrator shall be the chief administrative
officer of the Township of Greenwich and shall be responsible to the
Mayor and Council for the proper and effective administration of the
business affairs of the Township. The duties and responsibilities
shall relate to the general management of all Township of Greenwich
business, excepting therefrom those duties and responsibilities conferred
upon other Township officials by statute, other applicable laws, rules
and regulations promulgated by state and county agencies.
(2) The Township Administrator shall:
(a)
Serve as liaison for the Mayor and Council to
the federal, state and county governments and to other municipalities
and to evaluate the Township's interest in contracts, franchises and
other business transactions, as assigned by the Mayor.
(b)
Supervise and direct the business activities
of all municipal departments, offices and agencies, except otherwise
provided by law.
(c)
Serve as the Personnel Officer of the Township
and as such shall study, establish, recommend, implement and enforce
personnel, organization and policy of the Township of Greenwich and
its departments, after consultation with the governing body and department
heads; shall be responsible for the maintenance of personnel records
on all Township employees.
(d)
Recommend to the Mayor and Council the suspension
or removal of department heads and all other employees, whose manner
of appointment is not otherwise specified by law.
(e)
Receive copies of all general and official correspondence
addressed to the Township of Greenwich and shall refer the same to
the appropriate officer or department for disposition and reply.
(f)
Receive and reply to inquiries concerning Township
business and provide information and assistance regarding same.
(g)
Receive complaints regarding services or personnel
of the Township. Investigate and dispose of such complaints and maintain
a written record of such complaint, including when and what action
was taken in response thereto, and provide to the governing body a
copy thereof.
(h)
Attend all meetings of the Township Council
and other committees as directed.
(i)
Prepare and submit to the Township before the
close of the fiscal year, or on such alternate date as the Township
shall determine, a proposed budget for the next fiscal year and an
explanatory budget message. In preparing the proposed budget, the
Township Administrator, or an officer designated by him, shall obtain
from the head of each department, agency, board or office estimates
of revenues and expenditures and other supporting data as requested.
The Township Administrator shall review such estimates and may revise
them before submitting the proposed budget to the governing body.
(j)
Prepare and submit the annual budget and capital
program to the Mayor and Council.
(k)
Maintain a continuing review and analysis of
budget operations, work progress and costs of municipal services.
(l)
Supervise the disbursement of all Township funds
and review all vouchers and bills for approval before submitting same
to Council for final approval.
(m)
Monitor outstanding bills to confirm that monies
owed the Township are promptly paid and that proper proceedings are
taken for the security and collection of the Township's claims.
(n)
Supervise, administer and review the Township's
insurance programs.
(o)
In cooperation with the Finance Office, act
as the Purchasing Agent for the Township in accordance with N.J.S.A.
40A:11-9 and within the guidelines established by resolution of the
Township Council. The Administrator shall purchase all supplies and
equipment for the various agencies, boards, departments and other
offices of the Township of Greenwich. All purchases shall be made
in strict compliance with the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq., or such other law as may be applicable.
(p)
Maintain an account of all purchases and shall
from time and time or when directed by the Township Council, make
a full written report thereof.
(q)
Solicit quotes, prepare public advertising for
bids, solicit and receive bids for purchase of work, materials and
supplies on behalf of the Township.
(r)
Coordinate the preparation of all contracts
with the Township Solicitor and supervise the performance and faithful
execution of the same except insofar as such duties are expressly
imposed upon some other Township officer of official by statute.
(s)
Insure that the provisions of all franchises,
leases, permits and privileges granted by the Township are complied
with.
(t)
Submit to the governing body as soon as possible
after the close of the fiscal year a complete written report on the
financial and administrative activities of the Township for the preceding
year.
(u)
Inform the Township Council as to the conduct
of Greenwich Township affairs, submit periodic reports, either in
writing or orally, on the condition of the Township finances, and
such other reports, either in writing or orally, as the Township Council
shall request, and shall make such recommendations to the Township
Council as deemed necessary and advisable for the welfare of the Township.
(v)
Inform the Township Council as to federal aid
projects and state aid projects and any other aid programs for which
the Township of Greenwich may qualify.
(w)
Perform such other duties as may be required
by Mayor and Council.
B. Preparation of budget. The Division shall prepare
the budget document.
(1) On or before November 1 of each year, each department
head shall submit to the Department of Administration requests for
appropriation for the ensuing budget year, including a statement of
departmental programs, expenditures and employees for the last completed
fiscal year and for the then current fiscal year as estimated, together
with the departmental request for the ensuing fiscal year. Significant
deviation of the requested amount from the amount currently budgeted
shall be accompanied by explanatory information. In a separate capital
section, the departmental requests shall also set forth the estimated
capital needs and appropriation requests for capital purposes of the
department for the then-current fiscal year and for the two ensuing
fiscal years.
(2) The Division of Municipal Operations shall compile
and evaluate the requests for appropriations received from the Department
heads, for consideration by the Mayor. During the month of November,
each Department head shall appear before the Mayor and the Finance
Committee of Council for hearings on the various requests.
(3) On or before December 15 of each year, the Chief Financial
Officer shall prepare estimates of property and nonproperty tax revenues
which may be anticipated for the support of the budget for the ensuing
fiscal year.
(4) On or before the 31st day of January, the Mayor shall
submit the proposed budget to the Council. After consideration by
the Council, there shall be appended to the budget a detailed analysis
of all items of expenditure and revenue. Said analysis shall include
for each line item a comparison of the amounts budgeted for the current
year and the amounts budgeted and expended in the previous year.
(5) There shall be appended to the budget document a capital
section which shall include a budget of capital projects proposed
or continued for the current budget year, together with a forecast
of capital needs for the ensuing year.
C. Adoption of budget. The budget shall be considered,
approved and adopted after public hearing and certification by the
Director of Local Government in accordance with the Local Budget Law,
N.J.S.A. 40A:4-1 et seq.
D. Operation of budget.
(1) The Mayor and Department of Administration shall supervise
the administration of each annual budget. Each Department shall administer
its expenditures within the limits of such allotments.
(2) No deficits may be incurred within a department. However,
upon consultation with the Finance Committee and approval of the Council,
priorities and allotments may be shifted within the confines of an
annual budget.
E. Purchasing. All purchases of any supplies, materials
or equipment or contractual services for a department shall be made
by the Department of Administration pursuant to a written request
from the head of the department whose appropriation will be charged
and the certification of the Chief Financial Officer that a sufficient
unencumbered balance of appropriation is available to pay therefor.
All such purchase contracts shall conform to applicable requirements
of state statutes for competitive bidding. Except as the Township
Council may authorize in case of emergency, no purchase shall be made
and no bill, claim or voucher shall be approved unless the procedures
prescribed by or pursuant to this chapter have been followed.
(1) Award of contracts. Where contracts are let to public
bidding, the Council may, upon recommendation from the head of the
Department whose appropriation will be charged, let the contract in
the manner prescribed by law. Any such contract shall be executed
in the manner provided by this chapter and by general law.
(2) Purchase by quotation. Where purchases are made without
competitive bidding, the Township Administrator shall obtain, wherever
possible, at least three price quotations for the items purchased
and shall record and maintain such quotations in his office for at
least two years from the time they are furnished. Wherever circumstances
permit, the purchase shall be made from the lowest of such quotations
received from a responsible bidder.
(3) Emergency purchases.
[Amended 8-18-2003 by Ord. No. 16-2003]
(a)
Emergency purchases. A contract may be awarded
or negotiated without public advertising for bids, notwithstanding
that the contract price will exceed the bid threshold, when an emergency
affecting the public health, safety or welfare requires the immediate
delivery of goods or the performance of services provided the award
of the contract is made in the manner established herein.
(b)
Procedure for authorizing emergency contracts.
The department head of the department wherein the emergency occurs
shall notify the Township Administrator of the need for the performance
of the contract, the nature of the emergency, the time of its occurrence
and the need for invoking this emergency contract section of the Township
Code. The department head providing the notification of emergency
shall reduce the request to writing and file it with the Administrator
as soon as practicable. The Township Administrator shall advise the
Mayor, or, in the Mayor's absence, the President of Council, of the
Department Head's request for an emergency contract. The Mayor, or
in his absence, the President of Council, will direct the Township
Administrator whether to proceed with the emergency purchase. The
Township Administrator shall then implement the procedures for undertaking
the emergency purchase and, upon doing so, shall also notify the Councilperson
who is liaison to the department wherein the emergency occurred of
the need to undertake the emergency purchase. Notification of the
Councilperson is for information purposes only; the Councilperson
shall not participate in the procedure for determining whether to
authorize an emergency contract.
(c)
Payment to contractor. Upon the furnishing of
such goods and/or services in accordance with the terms of the emergency
contract awarded by the Township Administrator, the contractor furnishing
such goods or services will be entitled to payment therefor upon presentation
of a duly executed voucher for the emergency services or purchases
rendered.
(d)
Requirement of emergency circumstances. An actual
or imminent emergency must exist requiring the immediate delivery
of goods or the performance of services in order for the emergency
contract to be awarded in accordance with Subsection 3-37(E)(3) et
seq.
(e)
Good faith or lack of foreseeability. This emergency
purchase procedure may be utilized only in the event the need for
goods or services could not have been reasonably foreseen or the need
for such goods or services arose notwithstanding a good faith effort
on the part of the governing body to plan for the purchase of any
goods or services required by it.
(f)
Duration of contract. The emergency contract
shall be of such limited duration as to meet only the immediate needs
of the emergency. Under no circumstances shall this emergency purchasing
procedure be used to enter into a multi-year contract.
(g)
Chain of command in Administrator's absence.
In the event the Township Administrator, due to illness, absence,
or other incapacity, is unavailable when emergency action may become
necessary, then the Superintendent of the Department of Public Works
shall be consulted by the department head regarding the emergency
purchase. The Superintendent of the Department of Public Works shall
then comply with the procedures established in this chapter for emergency
purchases and act in place of the Township Administrator. In the event
neither the Township Administrator nor the Superintendent of the Department
of Public Works is available to advise the Mayor regarding the emergent
circumstances, the Municipal Clerk shall then comply with the procedures
established in this chapter for emergency purchases and act in place
of Superintendent of the Department of Public Works.
(h)
Coordination with Chief Financial Officer. The official awarding the emergency contract in accordance with Subsection
E(3) et seq. shall coordinate his actions with the Chief Financial Officer of the Township so appropriate provision is made for funding the acquisition of emergency services or purchases.
(4) Acceptance of material. Upon delivery of materials
purchased, the receiving department shall immediately inspect said
materials as to quantity, quality and condition in accordance with
the purchase order and shall immediately notify the Department of
Administration.
(5) Purchasing of capital items. All requisitions for
capital items shall include references to the appropriate line item
in the budget.
F. Personnel. The Division shall supervise the hiring
policy of the Township as herein established and shall receive and
distribute applications for employment, schedule interviews and maintain
personnel files and records for all employees of the Township.
G. Administrative Assistant/Secretary. Within the Department
of Administration, in the Division of Municipal Operations, under
the supervision of the Mayor, and subject to the direct supervision
of the Township Administrator, there is hereby created the position
of Administrative Assistant/Secretary. The essential functions of
this position shall be more particularly described in a job description
issued by the Greenwich Township Administrator. In general, these
essential functions include, but are not limited to, the following.
[Added 2-6-2006 by Ord. No. 2-2006]
(1) Assist the Administrator, Mayor and Council.
(2) Overviews flow of HR-related information, including
data entry, retrieval of records.
(3) Manage and maintain all confidential records such
as medical insurance-related issues.
(4) Coordinate human resources and personnel policies
and procedures.
(5) Establish data-based documentation of general administrative
records.
(6) Serve as liaison with third-party vendors for data
transmission and changes in benefit plans.
(7) Provide troubleshooting support to employees, retirees,
and residents.
(8) Initiate and coordinate the clerical and secretarial
functions required in effective implementation of administration.
(9) Coordinates interface with other internal systems
such as recordkeeping, reporting, and reviewing of general documentation.
(10) Supervises keeping of confidential records such as
supervisors' performance appraisals.
(11) Arranges, participates in and implements as directed,
conferences and committee meetings.
(12) Prepare
an annual directory of Township officials and employees.
[Added 10-17-2011 by Ord. No. 19-2011]
H. Water and
Sewer Clerk. Within the Department of Administration, in the Division
of Municipal Operations, under the supervision of the Mayor, and subject
to the direct supervision of the Township Administrator, there is
hereby created the position of Water and Sewer Clerk. The essential
functions include, but are not limited to, the following:
[Added 10-17-2011 by Ord. No. 19-2011]
(1) Make
out all bills for water rents and sewer rents and collect the same
when due.
(2) Shall
keep all books of accounts connected with the carrying on of said
water and sewer facilities, including collection of water and sewer
connection fees.
(3) Such
other duties as may be required of him/her by the Mayor and Council.
I. Deputy Water
and Sewer Clerk. Within the Department of Administration, in the Division
of Municipal Operations, under the supervision of the Mayor, and subject
to the direct supervision of the Township Administrator, there is
hereby created the position of Deputy Water and Sewer Clerk. The essential
functions include, but are not limited to, the following:
[Added 10-17-2011 by Ord. No. 19-2011]
(1) Assist
the Water and Sewer Clerk in issuing bills for water rents and sewer
rents and collect the same when due.
(2) Under
the direction of the Water and Sewer Clerk, shall keep all books of
accounts connected with the carrying on of said water and sewer facilities,
including collection of water and sewer connection fees.
(3) Perform
such other duties as may be required by the Mayor and Council and
Water and Sewer Clerk.
Within the Department there shall be a Division
of Finance, the head of which shall be the Chief Financial Officer, who shall be qualified
by training and experience.
A. Composition. Upon the supervision of the Chief Financial
Officer, the Division of Finance shall include the Accounts and Control
Section, the Revenue Section and the Assessment Section. The Division
shall also include the Finance Committee of the Council and may also
include a Township Insurance Advisor. The Chief Financial Officer
shall be appointed by the Mayor with the advice and consent of Council.
The Division shall have such other employees as shall be established
by ordinance.
B. Powers and duties.
(1) Under the supervision of the Department Director,
the Division shall:
(a)
Maintain and operate the Township's central
bookkeeping and accounting records according to sound accounting principles
and in accordance with the requirements of the Director of the State
Division of Local Government.
(b)
Develop, maintain and enforce a uniform system
of accounts, including forms, standards and procedures for all Departments
of the municipal government.
(c)
Have custody of all public moneys of the Township
and provide proper bank accounts to protect and separate funds.
(d)
Control all receipts and disbursements of the
municipal government and of each of its Departments and preaudit all
bills, claims and demands against the Township, including payrolls.
(e)
Review fund disbursements so that no municipal
funds shall be disbursed except pursuant to and within the limits
of appropriations made in accordance with the law. All disbursements
shall be by bank check or by draft signed by the Mayor and countersigned
by the Chief Financial Officer.
(f)
Make monthly reports to Council of all receipts,
expenditures, commitments and unencumbered appropriation balances.
(2) Issuance of checks; monthly summary.
(a)
Prior to issuance of checks by the Chief Financial
Officer, vouchers shall be approved by a majority of the whole Council.
Each voucher shall be accompanied by a certification by the department
head whose department will be charged that the goods have been received
by or the services rendered to the Township, except as herein provided.
(b)
The Chief Financial Officer shall prepare a
monthly summary of expenditures, which shall include budgetary line
items. Said summary shall be prepared in sufficient quantity for each
member of Council, and one copy shall be filed with the Clerk.
(3) The Chief Financial Officer, in accordance with the
law, is designated as financial officer to issue and award bonds in
accordance with the terms of advertised public sale. He shall report
at the next meeting the principal amount, interest rate, maturities,
price and underwriter. He shall supervise receipt, delivery and transfer
of bonds, subject to the Local Bond Law (N.J.S.A. 40A:2-1).
(4) The Chief Financial Officer shall receive all moneys
paid to any Department of the Township government in the performance
of its duties and shall deposit such moneys in an authorized depository
of the Township within 48 hours of receiving such moneys or on the
first banking day thereafter.
(5) The Chief Financial Officer shall supervise compliance
with the following uniform standards for requisitions:
(a)
On all purchases, a purchase requisition (original
and four copies) shall be prepared and submitted to the Council for
endorsement after it has been approved by the Department Director.
The purchase order shall then be signed by the Mayor.
(b)
An account number shall be assigned to the purchase
order, and a record kept thereof.
(c)
The original shall then be filed in numerical
order. It is the authorization for the expenditure and must be kept
as the record for such authority.
(d)
The Township Clerk shall check with the Chief
Financial Officer after he is satisfied that there are sufficient
funds in the account to be charged; the purchase order and voucher
shall then be sent to the vendor with instructions that all bills
and accompanying vouchers are to be submitted within 30 days of delivery
of the material.
(e)
The pink and yellow copies shall be delivered
to the department head. On receipt of the material purchased, the
department head shall so endorse both copies. The pink copy shall
be retained and filed by him to be used as an inventory record. The
yellow copy shall be returned to the Township Clerk who will thereupon
match the purchase requisition with the voucher submitted for payment
by the vendor.
(f)
The yellow sheet and voucher shall then be submitted
to the Council for approval for payment.
(g)
In cases of emergency purchases, the department
head shall contact the Mayor for authorization for the purchase. In
such case, the purchase requisition shall then be stamped "emergency"
before submission to the Council.
(h)
For services to be rendered, the same procedure
shall be followed and the purchase requisitions shall be stamped "service."
(6) The Chief Financial Officer shall arrange for the
conduct of the annual audit by the Township Auditor, who shall be
appointed annually by the Mayor with the advice and consent of the
Council, and shall cooperate with the Auditor in the performance of
his duties in accordance with state law for municipal audits.
(7) The Chief Financial Officer shall have custody of
all investments and invested funds of the municipality or in its possession
in a fiduciary capacity, except as otherwise provided by law, and
keep such funds and all municipal moneys not required for current
operation safely invested or deposited in interest-bearing accounts
as may be approved by the Council in accordance with law.
(8) The Chief Financial Officer shall report to the Council
at the final regular meeting of each year on amounts committed for
which invoices have not been received and on the purpose for which
such appropriation was made.
C. Accounts and Control Section. Within the Division
there shall be an Accounts and Control Section, which shall assist
the Chief Financial Officer in maintaining the financial records of
the Township and shall perform such other duties as may be assigned.
D. Revenue Section. Within the Division of Finance there
shall be a Revenue Section, the head of which shall be the Municipal
Tax Collector. The Tax Collector shall:
(1) Perform the functions of a collector of taxes under
general law, including without limitation thereto the preparation
and mailing of tax bills, enforcement of tax collections by tax sales
and otherwise and the maintenance of tax accounting records in such
a manner as may be prescribed pursuant to the Charter and this chapter.
(2) Receive and collect all current and delinquent real
property taxes and charge and receive penalties and interest pursuant
to law.
(3) Make or cause to be made certified searches for tax
and other liens on real property as may be authorized by law, and
charge and collect for the use of the municipality the fee required
pursuant to law for any such search.
(4) Maintain suitable books or other records and enter
in said books the sums received each day, together with the account
to which each receipt is credited.
(5) Report monthly to the Council on the total amount
collected and on the ratio of tax revenues collected to anticipated
revenues.
(6) Within 60 days after the end of the fiscal year, report
in writing to the Council a true list of delinquent taxpayers for
the preceding year or for a period required by the Council.
(7) Deposit in the authorized depository of the municipality
all moneys received within 48 hours of receipt or upon the first banking
day thereafter.
E. Assessment Section.
[Amended 9-19-1988 by Ord. No. 15-1988; 10-17-2011 by Ord. No.
19-2011]
(1) Within the Division of Finance there shall be an Assessment Section,
the head of which shall be the Tax Assessor appointed by the Mayor
with the advice and consent of Council. There shall also be a Deputy
Tax Assessor, Assessor Clerk, and a Tax Search Officer appointed by
the Mayor with the advice and consent of Council.
(2) The Tax Assessor and the Deputy Tax Assessor shall be qualified to
perform the duties of a Municipal Tax Assessor in accordance with
state law.
(3) The Tax Assessor shall:
(a)
Have, perform and discharge all of the functions, powers and
duties prescribed by law for a Municipal Assessor.
(b)
Maintain adequate and current assessment records of each separate
parcel of real property assessed or exempted.
(c)
Establish procedures for the assessment of real property within
the Township.
(d)
When authorized by the Council, conduct assessments for other
local governments.
(e)
Maintain a current Tax Map of the Township as a public record.
(f)
Maintain a current Sales Map of the Township showing all usable
sales and deed dates.
(4) The Tax Search Officer shall:
(a)
Be a bonded official, such bond to be paid for by the Township.
The Tax Collector may serve as the Tax Search Officer.
(b)
Make examinations of tax records regarding unpaid municipal
liens and certify the results thereof.
(c)
Place fees obtained through the performance of a tax search
in a special account. The rights to the fees shall remain in the possession
of the Township.
(d)
Receive as compensation such sum as shall be provided in the
annual Salary Ordinance.
F. Finance Committee.
(1) Within the Department there shall be a Finance Committee
appointed by the Mayor with the advice and consent of Council.
(2) The Finance Committee shall consist of one or more
members, who shall be Councilmen. The Mayor, with the advice and consent
of the Council, may also appoint a citizen of the Township who is
qualified by training or experience in financial matters to serve
as adviser to the Committee.
(3) The Finance Committee shall choose its Chairman annually
from among its members.
(4) The Committee shall advise the Chief Financial Officer
and provide liaison between the Division of Finance and the Council.
(5) The Committee shall supervise the investment of Township
funds, in accordance with the laws governing the investment of such
moneys, and shall make quarterly recommendations to the Chief Financial
Officer as to amounts to be invested and the securities or accounts
in which moneys are to be invested.
G. Insurance Advisor.
(1) Within the Division there may be an Insurance Advisor
appointed by the Mayor with the advice and consent of the Council.
Said Insurance Advisor shall not be an agent of any company or companies
providing insurance coverage to the Township during the term of his
appointment.
(2) The Insurance Advisor shall, when so directed, report
to the Chief Financial Officer on the adequacy of the Township's current
insurance coverage and, at any time, recommend changes, additions
or deletions to existing policies.
H. Disbursements.
(1) Vouchers for salaries and wages shall include reference to the payee, the amount, the pay period and the account to be charged and shall be prepared by the Clerk for presentation to the Council, as provided in Subsection
I.
(2) Vouchers for other goods and/or services shall be
prepared within seven days of receipt of invoices and shall include
reference to the payee, the amount, the goods or services provided
and the other information herein provided. Checks shall be issued
within seven days of approval of the payment by Council.
(3) The Chief Financial Officer shall ensure that all
discounts offered are noted on the voucher and shall expedite processing
so that discounts will be utilized. The Chief Financial Officer shall
ensure that sales tax exemption certificates are filed where appropriate.
I. Payroll System. The Township Clerk is hereby authorized and directed
to prepare payrolls on a biweekly basis, under the following regulations:
[Amended 5-16-2011 by Ord. No. 11-2011; 10-17-2011 by Ord. No.
19-2011]
(1) A separate bank account, designated the Township of Greenwich Payroll
Account, shall be established in the banking institution designated
as the depository of Township funds by resolution of the governing
body.
(2) The funds necessary to meet payrolls shall be drawn from the appropriate
Township bank accounts. Payroll checks require only two signatures
of the following officials: Mayor, Clerk and/or Chief Financial Officer.
(3) Payrolls shall be paid on Thursday of the week following the end
of each pay period, except that, when such Thursday falls on a legal
holiday, the payrolls shall be paid on the day preceding.
(4) The annual base payroll shall be paid in 26 equal biweekly installments
in the calendar year.
(5) In order to conform to the billings of the Public Employees' Retirement
System and/or the Police Pension Fund, whenever there are seven pay
periods in any quarter, there shall be no retirement deductions in
the seventh pay period of such quarter for full-time employees.
(6) Withholding taxes and social security deductions shall be adjusted
to the biweekly basis.
(7) Where an employee works for less than the biweekly pay period, the amount due an employee shall be determined by dividing the annual rate of compensation by 365 to determine the daily rate of pay and by deducting from the amount of biweekly pay, as determined in Subsection
I(4) hereof, the amount of the daily rate of pay times the number of days not worked during the pay period.
(8) The work record required for the computation of each payroll shall
be submitted by the responsible official to the office of the Township
Clerk not later than the first business day after the close of each
pay period or, in the case of a holiday falling on that day, than
the Friday before.
[Amended 10-1-2001 by Ord. No. 25-2001; 2-22-2011 by Ord. No.
3-2011; 10-17-2011 by Ord. No. 19-2011]
Within the Department there shall be the Office
of the Township Clerk, the head of which shall be the Township Clerk,
who shall be appointed by the Mayor with the advice and consent of
Council. The Township Clerk shall report directly to the Township
Administrator.
A. Composition. The Office of the Township Clerk who
shall assist the Township Clerk. Deputy Township Clerk, Assistant
Deputy Clerk, Assessment Search Officer, and Clerical Assistance.
B. Duties and powers of Clerk.
(1) The Clerk shall be the Clerk of the Council, perform such functions as may be required by law of Township Clerks generally and perform such other duties as may be prescribed for Clerk of the Council by Article
II of this chapter.
(2) The
Clerk shall:
(a) Record
all ordinances and resolutions adopted by the Council and, at the
close of each year, with the advice and assistance of the Municipal
Attorney, bind, compile or codify all the ordinances and resolutions
or true copies thereof of the municipality which then remain in force
and effect.
(b) Properly
index the record books, compilation or codification of ordinances
and resolution.
(c)
Perform those duties prescribed for Township Clerks by the Charter
with respect to petitions of recall, initiative and referendum.
(d)
Prepare a copy of all ordinances and proposed ordinances which
will require publication under the Charter or general law and cause
the same, properly attested, to be published in any newspaper legally
qualified for the publication of official advertisements and file
in his office the requisite proofs of such publication.
(e)
Issue all licenses and permits and collect all fees for which
no other provision has been made by this chapter.
(f)
Have custody of the Township Seal and affix it to such books,
papers and documents as may be authorized pursuant to law.
(g)
Have and take custody of all official books, papers and documents
of the Township for which no other repository is provided by the Charter
or ordinance and preserve and keep them safely.
(h)
Maintain use records of the equipment and facilities under his/her
custody, an inventory of supplies and a replacement schedule of equipment
and facilities.
(i)
Perform the duties of Voting Registrar as provided by law.
(j)
Be the depository and custodian of all official surety bonds
furnished by or on account of any Township office, officer or employee,
except his/her own bond, which shall be placed in the custody of the
Township Chief Financial Officer; all insurance policies upon or with
respect to risks insured for the benefit of the Township or to protect
it against any claims, demands or liability whatsoever; and all formal
contracts for work, labor, services, supplies, equipment and materials
to which the Township may be a party. The Clerk shall also have custody
of all leases of property owned by the Township and shall be the depository
for and have custody of all performance bonds running to the Township
as obligee and other forms of noncash security given by any contractor,
subdivision developer or other persons on account of work done or
to be done in or for the Township.
(k)
Perform the duties of the issuing authority for the approval
of the granting of bingo and raffle licenses pursuant to N.J.A.C.
13:47-1.1 et seq.
C. Deputy Clerk.
(1) The office of Deputy Clerk is hereby created in and
for the Township of Greenwich pursuant to the provisions of this section.
The Deputy Clerk shall devote his full time and attention to the duties
of his office and shall be bonded, at the expense of the Township,
for the faithful performance of his duties.
(2) The Deputy Clerk shall be chosen solely upon the basis
of his executive and administrative qualifications, with special reference
to his actual experience in or his knowledge of accepted practice
with respect to the duties of his office as hereinafter set forth.
At the time of his appointment and during his tenure of office, he
must reside within the municipality.
(3) The Deputy Clerk shall receive as salary such sum
as may be fixed by the annual Salary Ordinance of the Township.
(4) The Deputy Clerk shall be under the supervision of
and responsible to the Township Clerk and the Mayor for all actions
relevant to the duties and responsibilities of said office to the
extent not prohibited by law.
[Amended 5-16-2011 by Ord. No. 11-2011]
(5) The Deputy Clerk, for the purpose of carrying out
his responsibilities, shall develop, promulgate and implement, with
the approval of the Clerk and Mayor, sound administrative, personnel
and purchasing practices and procedures for all departments, offices
and agencies of the Township of Greenwich and shall to that end:
(a)
Study, recommend, implement, maintain and supervise,
the personnel organization and records, administrative procedures,
purchasing procedures, financial procedures and the policies of the
Township relative thereto following consultations with Department
heads, officers and the Mayor.
(b)
Study, recommend, implement and supervise procedures
and policies of the Township, its departments and officers, for the
receipt, dissemination and collation of information and communications
and the responses thereto, following consultations with Department
heads, officers and the Mayor.
(c)
Study, recommend, implement and supervise procedures
and policies of the Township and its departments for the coordination,
compilation, editing and prompt dissemination and release of public
information, upon the recommendation and authorization of the Mayor.
(d)
Make studies and surveys of such municipal problems
of the Township of Greenwich as shall be assigned to him from time
to time by the Mayor and prepare and submit written reports of his
findings and determinations to the Mayor and Council for their consideration
and action. He shall be responsible to see that any complaints concerning
the functions and obligations of the Township of Greenwich made by
any of its residents, citizens or taxpayers are promptly attended
to and a written record kept of such complaints when made and when
and what action was taken in response thereto and present a copy of
said written record to each member of the Township Council.
(e)
Conduct a continuous study of all activities
and operations of the Township government and recommend such changes
as he shall deem necessary to increase the efficiency and effectiveness
of the Township government.
(f)
Assist the Mayor in the preparation of the annual
Township operating and capital budget to be considered and adopted
by the Township Council.
(g)
Maintain records of all property owned by the
Township and have custody of all municipal property, real and personal,
not assigned to any other department or office.
(h)
Assign office space, furniture and facilities
at all municipal buildings among and with the various departments.
(i)
Refer all requests for municipal services to
the appropriate department or officer.
(j)
Attend all public meetings of the Township Council
and any other meetings, wherever such meetings may be held, when so
requested by the Mayor.
(k)
Keep the Mayor informed as to federal aid projects,
state aid projects and any other aid programs for which the Township
of Greenwich may qualify.
(l)
Assume and perform the duties of a payroll Clerk,
which duties shall include the preparation and distribution of all
Township payrolls and fulfilling the requirements of the United States
Internal Revenue Code with respect to withholding income taxes and
social security taxes and filing returns.
(m)
He shall perform such other duties as may be
from time to time specifically assigned to him by the Mayor.
(6) Nothing in this section shall derogate from or authorize
the Deputy Clerk to exercise the powers and duties of the elected
and appointed officials and employees.
(7) Notwithstanding the fact that reference to this office
holder is in the masculine pronoun, the office may be held by either
a male or a female.
E. Assessment Search Officer.
(1) The position of Assessment Search Officer within the
office of the Township Clerk is hereby created. The Assessment Search
Officer shall be a bonded official, such bond to be paid for by the
Township. The Township Clerk may serve as the Assessment Search Officer.
(2) The Assessment Search Officer shall make examinations
and issue assessment search certificates with respect to liens for
municipal assessments or improvements approved but not yet certified.
(3) Fees obtained through the performance of an assessment
search shall be placed in a special account. The rights to the fees
shall remain in the possession of the Township.
(4) Said appointed official may receive as compensation
such sum as shall be provided in the annual Salary Ordinance.
Within the Department there shall be a Division
of Law under the direction of the Township Attorney, who shall be
appointed by the Mayor with the advice and consent of Council for
a term of one year, within the limits of available appropriations.
Prior to his appointment he shall have been duly admitted to the practice
of law in the State of New Jersey for at least three years.
A. The Township Attorney shall represent the Township
in all legal matters and shall advise and assist the Mayor, the Council
and the Department as required in the administration of the Township
government. He shall attend meetings of the Council, draft ordinances
and resolutions and give opinions and rulings on questions of law
which may arise at Council meetings. He shall prepare or approve all
legal instruments relating to the business of the Township. He shall
represent the Township in any litigation and conduct trials, appeals
and other proceedings affecting the interest of the Township as he
may, in his discretion, determine to be necessary or desirable or
as directed by the Mayor or Council.
B. Additional duties. The Township Attorney shall also:
(1) Maintain records of all actions, suits, proceedings
and matters which relate to the Township's interest and report thereon
from time to time as the Mayor or Council may require.
(2) Have power to enter into any agreement, compromise
or settlement of any litigation in which the Township is involved,
subject to the approval of the Council.
(3) Upon the termination of his service with the Township,
forthwith surrender to his successor all Township property, papers
and records, together with a written consent to substitution of his
successor in any pending actions or proceedings.
C. Special counsel. Whenever he deems the interests of
the Township so to require, the Township Attorney may, with the approval
of the Mayor and within the limits of available appropriations, appoint
special counsel to assist him in the preparation, trial or argument
of any issue or in such other capacity as he may determine. If the
Township Attorney should be disqualified with respect to any matter,
the Mayor may appoint special counsel, with the approval of the Council,
to represent the Township for and with respect to such matter.
D. The Township Attorney shall receive as compensation
for his services a salary for that office in such amount as shall
be fixed by the governing body of the Township in the annual Salary
Ordinance and, in addition thereto, compensation in accordance with
a fee schedule filed with and approved by the Township Council. The
salary shall be paid for the following services: attendance at regular
and special meetings of the Township Council; preparation of recurring,
annual ordinances and resolutions except those pertaining to special
services enumerated hereinafter; and general legal advice to the Mayor,
Council and officers of the Township not requiring extensive research.
Special services for which the Township Attorney shall be compensated
on the basis of a fee schedule filed and approved by the Township
Council are comprised of the following:
(1) Any and all suits or actions at law or equity or administrative
proceedings to which the Township may be a party or in which it may
have an interest.
(2) Any and all financing by way of capital improvements,
bonding or otherwise.
(3) Any and all special assessment proceedings, tax lien
foreclosure and condemnation proceedings.
(4) Any and all real estate matters.