Township of Clark, NJ Article VIII Departments

§ 3-23 General provisions.

A. Department heads; general powers. The head of each department, known as the "director," shall, subject to the Charter, general law and ordinances of the Township:

(1) Have, exercise and discharge the functions, powers and duties of the department.

(2) Prescribe the internal organization of the department and the duties of subordinates and assistants.

(3) Administer the work of the department through the divisions established by this Code and such other units of administration as he/she may find necessary or desirable.

(4) Appoint officers and employees employed within the department and assign functions, powers and duties to them.

(5) Delegate such of his/her powers as he/she may deem necessary for the efficient administration of the department, to be exercised under his/her direction and supervision by division heads.

(6) Report quarterly to the Mayor and Council on the work of the department during the preceding quarter.

B. Vacancy in office of director; acting director. Whenever a vacancy exists, by resignation, removal or otherwise, in the office of director of any Township department, the Mayor may temporarily fill such vacancy in cases not specifically provided for in the Charter by appointing an acting director from among the existing officers and employees of the Township, who shall perform all the duties and functions of such department head until the office shall be filled permanently. Any such appointment of an acting director shall terminate not later than 90 days after the date of the appointment, unless the Council shall, by resolution, authorize one or more extensions thereof.

C. Temporary disability of administrative officers. Whenever any administrative officer or the head of any administrative department or division thereof, by reason of absence or disability, is unable to perform his/her official duties, one or more officers or employees under his/her supervision whom he/she has designated may perform the ministerial duties of such office during such time as the absence or disability of the officer may continue. It shall be the duty of the head of each department and division to designate one or more such persons. When any person so designated to perform the duties of an officer during his/her absence or disability is required to sign any official documents pertaining to such office, it shall be signed in the name of such officer and by the subordinate as designee.

§ 3-24 Department of Administration.

[Amended 6-9-2004 by Ord. No. 04-08; 9-8-2004 by Ord. No. 04-12; 10-18-2010 by Ord. No. 10-20; 1-17-2012 by Ord. No. 12-01; 11-14-2021 by Ord. No. 21-26; 4-6-2026 by Ord. No. 26-12]

A. Department created; Business Administrator; qualifications.

(1) There shall be a Department of Administration. The Business Administrator shall serve as the head of the Department without additional compensation.

(2) The Business Administrator shall be responsible for the efficient management of the divisions of this Department and shall have and possess the general power and duties of a department head as provided by this chapter.

(3) The Business Administrator shall be appointed by the Mayor. Prior to such appointment, the Business Administrator shall have at least four years of responsible experience as a municipal manager or administrator in duties related to his office. He/she shall have a bachelor's or master's degree.

B. Organization of Department. The Department of Administration shall consist of the following four divisions:

(1) Division of Administration.

(a) The Division of Administration shall be headed by the Business Administrator.

(b) The Division, under the supervision of the Mayor, shall:

[1] Assist in the preparation of the budget.

[2] Establish a central purchasing system.

[3] Be responsible for the development and administration of a sound personnel system.

[4] Report monthly to the Council on all phases of its operation.

[5] Perform all other duties as the Council may prescribe.

[6] Keep records of sick leave, vacations and holidays of all Township officials and employees.

(2) Division of Health.

(a) Organization. The Division of Health shall be headed by the Health Officer.

(b) Powers and duties.

[1] Administer state laws and Township ordinances conferring functions, powers and duties upon a board, bureau or department of health or a local health officer.

[2] Enforce laws and ordinances providing for the prevention and control of disease and related inspections.

[3] Administer a public health nursing service and health education programs as provided by ordinance.

[4] Operate public health clinics as authorized by ordinance or general law.

[5] Employ a licensed Health Officer as authorized by state statutes and by Township ordinance.

(c) Registrar of Vital Statistics.

[1] The Township Council shall appoint a local Registrar of Vital Statistics for the Township, pursuant and subject to the provisions of N.J.S.A. 26:8-11 et seq.

[2] The local Registrar of Vital Statistics shall:

[a] Administer the state laws and ordinances relating to vital statistics as therein prescribed.

[b] Maintain a Bureau of Vital Statistics.

[c] The local Registrar of Vital Statistics shall process requests for certified copies and certifications of vital records, including but not limited to births, deaths, marriages, domestic partnerships, civil unions and amendments. The fee for certified copies or certifications of said records shall be as set forth in § 145-7A. The fee for processing an amendment to a vital record shall be as set forth in § 145-7B.

[d] Be available to issue marriage licenses and receive requests for certified copies of same filed in that office during the hours of 8:30 a.m. to 9:30 a.m. and 2:30 p.m. to 3:30 p.m. only, Monday through Friday, except for legal holidays when the municipal offices in general are closed.

(3) Division of Central Purchasing.

(a) Duties and responsibility. The Business Administrator shall have the duty and responsibility to establish and maintain a central purchasing system for the procurement, storage and distribution of all supplies, materials, equipment and services as required by all Township departments within the administrative organization of the Township in accordance with the procedures contained in this subsection. The Business Administrator shall be responsible for:

[1] Designating a Chief Purchasing Officer with QPA (Qualified Purchasing Agent) certificate to manage the daily operations.

[2] The procurement of goods and services required by all Township departments, including the appropriate bid invitations, evaluations and recommendations to the awarding authority pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq).

[3] The updating and upgrading of specifications for all commodities and services purchased for the Township to fit requirement decisions to the best market advantage of the Township, considering all factors, including quality, quantity, time and place.

[4] The receipt, storage, issuance and accountability of and for surplus obtained for general consumption.

[5] The collection, sale and disposal of surplus property according to policy.

[6] The development and installation of a comprehensive inventory and control system for all equipment.

(b) Central purchasing procedures.

[1] Pursuant to the Business Administrator's designation of applicable subaccounts within the budget, all purchases for any department shall be made by the Business Administrator, pursuant to a written requisition from the head of the department whose appropriation will be charged and the certification of the Department of Finance that a sufficient unencumbered balance of appropriation is available. Prior to payment, funds shall be encumbered by the Chief Financial Officer. All such purchases which require competitive bidding shall conform to applicable requirements of the Local Public Contracts Law.

[2] Pursuant to the Business Administrator's designation of applicable subaccounts within the budget, direct payment will be made pursuant to the certification of the Finance Officer that a sufficient unencumbered balance of appropriation to be charged is available to pay therefor.

[3] The director of each department shall designate by writing, filed with the Business Administrator, the name or names of employees in the department authorized to receive supplies, materials and equipment. The person so designated shall accept deliveries and sign for them only where the goods are in exact conformity with the order. Should there be any doubt as to quantity or quality, the receiving employee shall immediately notify the department head for appropriate action. If any supplies, materials or equipment are rejected, the department head shall immediately notify the Business Administrator.

[4] Except as the Business Administrator or his designee 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 this article have been followed.

[5] Emergency purchases. The Business Administrator shall establish a procedure for the purchase of an item or items required for the immediate protection of the public health, safety, morals or welfare, which will permit such emergency purchases to be made for specific purposes in a manner other than that prescribed by this subsection. Such procedure shall be approved by the Mayor.

[6] Purchases by quotation. Where purchases in excess of 15% of the current bid threshold are made without competitive bidding, the Business Administrator shall obtain, wherever possible, at least three written price quotations for the item or items to be purchased and shall record and maintain such quotations in his office as a public record. Wherever circumstances permit, the purchase shall be made from the lowest of such quotations received from a responsible supplier.

[7] Standards and tests. The Business Administrator shall establish or approve uniform standards for requisitions and purchases. He shall control the delivery of all supplies, materials and equipment and other items purchased and shall make or cause to be made proper test checks and inspections thereof. He shall ascertain whether supplies, materials, equipment and other items purchased comply with the specifications and shall cause laboratory or other tests to be made whenever, in his opinion, it is necessary to determine whether the materials, supplies or equipment furnished are of the quality and standard required.

[8] Confirmation of delivery. Immediately following each accepted delivery, the authorized departmental representative shall forward to the Business Administrator the accepted shipping advice, ticket or confirmation.

[9] Contracts generally. Within the limits of available appropriations, the Mayor is authorized by the Township Council to negotiate and enter into contracts and other legally binding obligations of the Township, as approved by the Township Council. Any such document shall be approved by the Township Attorney for legal form and adequacy and by the Finance Officer for sufficiency of funds, signed by the Mayor and attested by the Township Clerk.

(4) Division of Affirmative Action.

(a) Created. There is hereby created the position of Affirmative Action Officer in the Department of Administration.

(b) Appointment. The Business Administrator shall have the authority to appoint the person to serve in the position, subject to all applicable rules and regulations of the New Jersey Department of Personnel.

(c) Duties/responsibilities. The Affirmative Action Officer shall work under the supervision of the Business Administrator and shall also be responsible for assignments at the discretion of the Business Administrator, in addition to the functions and responsibilities set forth below:

[1] Develop a productive affirmative action program to meet federal compliance requirements and the provisions of the stipulation of settlement entered into between the Township and the National Association for the Advancement of Colored People (NAACP) (hereinafter referred to as "stipulation").

[2] Interpret and monitor the Township's performance and progress relative to equal employment laws and regulations and implementation of the Township's policy against discrimination.

[3] Establish and monitor an effective and positive equal employment program with the public and enforcement agencies.

[4] Prepare and submit the annual equal employment opportunity forms to federal authorities.

[5] Perform all other duties as required under the stipulation provisions, including but not limited to the recruitment program, research and reports, implementation and compliance.

[6] Perform such other duties as may be required by the Business Administrator for the effective implementation of the stipulation.

[7] Investigate discriminatory complaints from applicants and employees, conduct hearings, if necessary, relative to the complaints and prepare and submit detailed reports which contain findings, conclusions and recommendations to the Director.

[8] Term. The term of this appointment shall be concurrent with the term of the stipulation, subject to a final showing of substantial compliance that the purposes of the stipulation have been attained.

(5) Division of Human Resources.

(a) Organization.

[1] Created. There is hereby established a Division of Human Resources in the Department of Administration for the Township of Clark.

[2] Appointment. The Business Administrator shall have the authority to appoint the personnel of the Division of Human Resources.

[3] The Division of Human Resources shall operate under the direction of the Business Administrator or such authority as may be designated by the Mayor and shall be responsible for:

[a] Supervising Division personnel;

[b] Managing Division operations and compliance;

[c] Implementing policies and procedures established by the Township;

[d] Advising the Mayor, Business Administrator, and Council on personnel matters.

(b) Centralized function of Division. The Department shall serve as the centralized office responsible for Township employee-related functions, including but not limited to:

[1] Recruitment, hiring, onboarding, and separation processing;

[2] Maintenance of personnel files and records in accordance with applicable laws;

[3] Administration of payroll-related personnel data and employee classifications;

[4] Coordination of employee benefits, leave programs and pension-related matters;

[5] Development and implementation of personnel policies, training programs, and compliance initiatives;

[6] Workplace investigations, employee relations, and disciplinary process support;

[7] Compliance with Federal, State and New Jersey Civil Service regulations;

[8] Any other duties necessary to support the Township's workforce and operational needs.

(c) Personnel of the Division of Human Resources.

[1] The following positions are hereby created and authorized within the Township of Clark for assignment to the Division of Human Resources or other municipal offices as required, in accordance with operational needs and applicable law:

Title Name	Local Class Code	Title Code	Class of Service
Personnel Director	(36)	02650@	C
Assistant Personnel Director	(33)	00641	C
Personnel Officer	(33)	02653@	C
Principal Personnel Technician	(27)	02835	C
Senior Personnel Assistant	(25)	04982	C
Senior Personnel Technician	(25)	03502	C
Personnel Assistant	(23)	02648@	C
Personnel Technician	(23)	02655@	C
Personnel Aide	(12)	02645	C

[2] The duties of these titles shall be consistent with the job specifications promulgated by the New Jersey Civil Service Commission and may include, but are not limited to:

[a] Providing administrative, clerical, and logistical support to the Mayor, Business Administrator, Division of Human Resources, or other designated offices;

[b] Assisting with scheduling, communications, documentation, and workflow coordination;

[c] Supporting confidential personnel-related functions, subject to applicable laws and ethical standards;

[d] Performing senior-level administrative duties (for the Senior Personnel Assistant) requiring advanced knowledge, discretion, and independent judgment.

[3] Appointments to the above positions shall be made in accordance with New Jersey Civil Service laws, rules, and procedures.

(d) Budget and funding.

[1] The Division of Human Resources and personnel positions established herein shall be funded through annual appropriations adopted by the Township Council.

[2] The Council may allocate additional funds as necessary for personnel, technology, professional services, training, and compliance requirements.

§ 3-25 Department of Revenue and Finance.

A. Organization. There shall be a Department of Revenue and Finance, the head of which shall be the Township Treasurer. The Department shall consist of two Divisions:

(1) Division of Revenue.

(2) Division of Finance.

B. Division of Finance.[1]

(1) The Director of the Division of Finance shall be the Chief Financial Officer and Township Treasurer. The Chief Financial Officer shall be certified in accordance with N.J.S.A. 40A:9-140.1 et seq. The Township Treasurer shall also be the certifying and approval officer for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.

(2) Powers and duties. The Director shall be responsible, pursuant to the provisions of the Charter, ordinances and laws applicable to the Township, for the custody, receipt and disbursement of Township funds; the safety and investment of the Township's investments, subject to approval by the Mayor and Council; the management of the Township's debt; and the development of financial policies for recommendation to the Mayor and Council. Through the Divisions of the Department and otherwise, the Director shall:

(a) Have, exercise and discharge the functions, powers and duties of a receiver and collector of taxes as provided by general law.

(b) Have custody of all funds belonging to or under the control of the Township or any department, office or agency of the Township government.

(c) Deposit all funds received by him/her in such depositories as may be designated by resolution of the Council. So far as practicable, such deposits shall be in interest-bearing accounts.

(d) Be responsible, except as otherwise provided by law and ordinances, for all investments and invested funds of the Township government and for the safekeeping of all bonds and notes of the Township and the receipt and delivery of Township bonds and notes for transfer, registration or exchange.

(e) Make disbursements of Township funds when duly authorized as hereinafter provided.

(f) Maintain the Township's central accounting records and prescribe and enforce a uniform system of accounts for all departments, offices and agencies of the Township government, provided that such system, so far as consistent with sound accounting principles, shall facilitate the production of records of the cost of performance of each functional program or activity, measured in such work units as may be prescribed or approved by the Business Administrator.

(g) Require reports of receipts and disbursements from each department, office and agency of the Township government to be made daily or at such intervals as he/she may determine will most efficiently protect the Township's interest.

(h) Maintain a central payroll system.

(i) Make disbursements by an individual warrant check for each bill, claim, wage and salary payment. Each warrant check shall bear the signature of the Mayor and the Treasurer, or Acting Treasurer, as the case may be.

(j) Preaudit all bills, claims and demands against the Township, including payrolls.

(k) Keep and maintain the books and records of all financial transactions of the Township in accordance with the standards and requirements of the State Division of Local Government Services.

(l) Have control of all expenditures to ensure that budget appropriations are not exceeded and furnish the Mayor and Council with monthly balance reports; pass upon each proposed expenditure for conformity with general law, the Charter and ordinances of the Township. Unless he/she shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered, and no expenditure shall be made.

(m) Report quarterly to the Mayor and Township Council on all receipts, expenditures, commitments and unencumbered appropriation balances.

(n) Compile and submit to the Mayor, Township Council and Business Administrator a true and full account of the receipts of the Treasurer's office and the expenditures during the year and of the state of the Township treasury at the close of the fiscal year.

(o) Submit, pursuant to law, an annual financial report after the close of each fiscal year.

(p) Assist the Business Administrator in the administration of the annual operating budget and the financial operations of every Township agency.

(q) Manage the Township's debt to ensure the prompt payment of principal and interest due.

(r) Develop and recommend to the Business Administrator and the Mayor and Township Council financial policies to safeguard the Township's financial interests to the fullest extent.

(s) Supervise the preparation of the Township's payroll and serve as certifying agent for all applicable retirement, pension and benefit programs.

(t) Authorize the payment of all bills, claims, demands and payrolls upon the proper certification of the department head of the amount due and owing.

[1] The use of a signature stamp or any other facsimile of the signature of any Township official, officer and/or director on any instrument disbursing Township funds is hereby authorized.

[2] All checks, drafts and other instruments disbursing Township funds in any manner shall be executed personally by the person or persons duly authorized to make such disbursements. The execution of those instruments may not be delegated to subordinates, staff or any other unauthorized individual.

[3] All checks disbursed as part of the central payroll system required to be maintained by the Chief Financial Officer for wage and salary payments shall be specifically exempted from the requirements of this subsection.

(u) Have such other duties as the Business Administrator or the Mayor and Township Council may direct.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Division of Revenue.

(1) Organization. There shall be, within the Department of Revenue and Finance, a Division of Revenue. The Director of the Division of Revenue shall be the Collector of Taxes, who shall be certified in accordance with the provisions of N.J.S.A. 40A:9-145.1 et seq.

(2) Powers and duties. The Division shall:

(a) Extend each year's tax on the tax duplicate, prepare and mail tax bills, receive payment thereof, and maintain tax accounting records in such manner as may be prescribed or approved by the Treasurer.

(b) Receive and collect all delinquent real and personal property taxes, charge and receive penalties and interest pursuant to law, and account for all collection in such form and manner as may be prescribed or approved by the Treasurer.

(c) Make, or cause to be made, and certify searches for tax and other liens on any real property in the Township, as may be authorized by law, and charge and collect for the use of the Township the fee required by law for any such search.

(d) Such other duties as may be assigned to it.

§ 3-26 Department of Assessments.

A. Organization. There shall be a Department of Assessments, the head of which shall be the Township Tax Assessor. The Department shall include such other officers and employees as may be authorized by ordinance or resolution of the Township Council.

B. Tax Assessor; qualifications and appointment. The Tax Assessor shall be appointed by the Mayor with the approval of the Council. Prior to his/her appointment, the Tax Assessor shall be qualified by training and experience in evaluation of real and personal property. The Tax Assessor shall serve for the term provided by general law and shall be certified, as required by N.J.S.A. 40A:9-146 and N.J.S.A. 54:1-35.25 et seq.

C. Powers and duties. The Department of Assessments, under the supervision of the Assessor, shall:

(1) Have, exercise and discharge the functions, powers and duties of the Assessor of the Township under the General Tax Act, N.J.S.A. 54:4-23, and any amendments, supplements and revisions thereof.

[Amended 1-17-2012 by Ord. No. 12-01]

(2) Make assessments for benefits for local improvements pursuant to general law.

(3) Have custody of and maintain an up-to-date Township Tax Map and provide for the recording thereon of all changes in ownership or character of the property assessed.

(4) Notify the Chief Financial Officer and the governing body of all tax appeals upon filing but no later than June 1 of each year.

[Added 10-17-2016 by Ord. No. 16-09]

§ 3-27 Department of Law.

A. Organization. There is hereby created and established a Law Department, which shall consist of the Township Attorney, who shall be the Director of the Department, and the Township Prosecutor.

B. Township Attorney.

(1) Appointment; qualifications; term. The Township Attorney shall be appointed by the Mayor, with the approval of the Council, for a term concurrent with that of the Mayor. Prior to his/her appointment, the Township Attorney shall have been duly admitted to the practice of law in the State of New Jersey for a period of not less than five years.

(2) Powers and duties. The Township Attorney shall:

(a) Be the chief legal advisor of the Township government and all of its officers, departments and boards, as permitted by law.

(b) Give all necessary legal counsel and advice, when required by the Council or the Mayor, concerning the rights and duties of any and all officers, assistants and subordinate employees of the Township.

(c) Prepare all ordinances, regulations, resolutions, contracts, deeds, bonds, notes and other legal papers of whatever nature.

(d) Assist in the preparation of and advise upon any legislation effecting the Township, its administration and form of government.

(e) Be the attorney of record in all actions and proceedings for the enforcement of ordinances and other regulations of the Township, and in all actions and proceedings in any court or before any board wherein the Township or its officers, boards, departments, or employees, by reason of any suits growing out of their official duties, shall be parties defendant or parties in interest, exclusive of the Zoning Board of Adjustment and the Planning Board.

(f) When required by law, defend, without additional charge, any action instituted against any officer, agent or employee by reason of any act or thing done by such officer, agent or employee in the line of his/her duty and in the course of his/her employment.

(g) Prepare and acknowledge all certificates of tax sales and handle any and all matters pertaining to tax liens and the foreclosure of the same.

(h) Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by and on behalf of the Township.

(i) Conduct appeals from orders, decisions or judgments affecting any interest of the Township as directed by the Council.

(j) Maintain a record of all actions, suits and minutes which relate to the Township's interest and file reports thereof from time to time as the Mayor and Council may require.

(k) The Township Attorney may settle and compromise, with the advice and consent of the Council, any matters referred to him/her.

(l) Perform such other duties, within the scope hereof, as may be required by the Council.

(3) Preservation of records of Department. The Township Attorney shall preserve all papers, documents, memoranda, reports and other materials relating to the administration of the Department of Law, all of which shall remain the property of the Township. Upon the termination of his/her service, the Township Attorney shall forthwith deliver to his/her successor all such property, together with a written consent for the substitution of his/her successor in all pending legal actions and proceedings to which the Township is a party.

(4) Annual report to the Council. The Township Attorney shall, on or before January 15 of each year, or at such other time as the Council may request, make report to the Council of all matters or legal proceedings in which the Township has been interested, whether instituted, begun, pending or determined during the 12 months next preceding the time of making such report.

C. Hiring of additional counsel. The Township Council is authorized to employ special counsel to aid in the trial and argument of such causes and proceedings of importance in which the Township may be a party or be interested, as the Council may approve.

D. Township Prosecutor.

(1) Appointment; term; qualifications. The Township Prosecutor shall be appointed by the Director of the Department of Law for a term concurrent with that of the Director of the Department of Law. Prior to his/her appointment, the Township Prosecutor shall have been duly admitted to the practice of law in the State of New Jersey. The Township Prosecutor shall be under the control and supervision of the Township Attorney.

(2) Powers and duties. The Township Prosecutor shall prosecute actions in the Municipal Court instituted by officers and employees of the Township and, where appropriate, by private citizens of the Township.

E. Municipal Public Defender.

(1) Appointment; qualifications. The Director of the Department of Law shall appoint a Municipal Public Defender who shall have a valid New Jersey license to practice law and be member in good standing of the New Jersey Bar.

(2) Duties. It shall be the duty of the Municipal Public Defender to represent and give legal counsel to indigents charged in the Municipal Court of the Township with disorderly person or other petty offenses.

§ 3-28 Department of Public Safety.

A. Organization.

(1) There shall be a Department of Public Safety, the head of which shall be known as the Director of the Department of Public Safety. The Director shall have jurisdiction over all the Divisions within the Department.

(2) The Department of Public Safety shall consist of the following Divisions:

(a) Office of Fire Code Enforcement, Division of Fire Prevention and Protection.[1]

[Amended 1-17-2012 by Ord. No. 12-01]

[1] Editor's Note: Original Sec. 2-15.1a, Division of Police, which immediately preceded this subsection, was repealed 6-20-2011 by Ord. No. 11-15.

(b) Office of Emergency Management.

(3) These Divisions shall consist of such authorized strength of officers and men as provided by ordinance.

B. Office of Fire Code Enforcement, Division of Fire Prevention and Protection. There will be within the Township of Clark, Department of Public Safety, an Office of Fire Code Enforcement, Division of Fire Prevention and Protection, the head of which shall be known as the "Fire Official/Fire Marshal/Fire Code Official." Said Official shall report any and all operations of the Fire Code Enforcement Office to the Mayor, Business Administrator and Township Council.

[Added 1-17-2012 by Ord. No. 12-01]

§ 3-29 Department of Police.

[Amended 6-20-2011 by Ord. No. 11-14; 10-17-2011 by Ord. No. 11-18; 1-17-2012 by Ord. No. 12-01; 6-17-2013 by Ord. No. 13-09; 6-16-2014 by Ord. No. 14-11; 10-19-2015 by Ord. No. 15-17]

A. Department established. There is hereby established within, by and for the Township of Clark, the Department of Police, which is also being known as the Police Department, the head of which is the Chief of Police.

B. Department composition. The Clark Police Department, which shall consist of no more than a Chief of Police, up to two Captains, up to four Lieutenants, up to eight Sergeants and up to 34 police officers, to be appointed to these positions by the Chief of Police at the approval of the appropriate authority with the budgetary approval of the governing body, as public need may require. Detectives shall be appointed from among the above-listed personnel on an as-needed basis with the recommendation of the Chief of Police and the approval of the administration. In addition, the Police Department may employ school traffic guards and traffic control officers, clerical personnel and other employees to assist its officers in preserving the peace and good order in the Township.

[Amended 1-21-2020 by Ord. No. 20-07; 6-21-2021 by Ord. No. 21-19]

C. Responsibilities of the Police Department. The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Township of Clark; direct and control traffic; provide attendance and protection during emergencies; provide appearances in Court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its employees.

D. Chief of Police. There is hereby created within the Department of Police the position of Chief of Police, who shall be appointed by the Mayor. The Chief of Police shall be directly responsible to the Mayor as the appropriate authority for the efficiency and routine day-to-day operations thereof, pursuant to policies established by the appropriate authority under N.J.S.A. 40A:14-118.

(1) The Chief of Police or, in case of the Chief's illness or absence, the officer next in the chain of command shall exercise control over the Department, its members and property, subject to the order of the appropriate authority.

(2) Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.

(3) Have, exercise, and discharge the functions, powers and duties of the force.

(4) Prescribe the duties and assignments of all subordinates and other personnel.

(5) 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.

(6) Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.

E. Designation of appropriate authority. In accordance with N.J.S.A. 40A:14-118, the Mayor of the Township of Clark is hereby designated as the appropriate authority and is hereby vested with the powers and duties of an appropriate authority as delegated by law. The Mayor shall also serve as the hearing officer for all disciplinary hearings within the Department, unless a designee is appointed.

F. Establishing the rules and regulations of the Police Department. The Mayor as the appropriate authority shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations. All employees of the Police Department shall be subject to such rules and regulations and penalties.

G. Disciplinary actions. Discipline of employees and police officers will be imposed consistent with New Jersey State statutes and the rules and regulations of the Clark Police Department. Employees may be subject to discipline for violating laws, statutes, ordinances, rules and regulations and written directives.

H. Organizational components. The Chief of Police shall establish organizational components of the Department as needed for the efficiency and routine day-to-day operations of the Police Department.

I. Appointment of Police Department, officers and personnel. No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The selection criteria for a police officer shall be established in the department policy consistent with New Jersey Statutes.

J. Working test period. Personnel shall be required to complete a working test period in accordance with N.J.A.C. 4A:4-5.1 et seq.

K. Fees for police services.

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

REQUESTING AGENCY

Any person, public or private, desires to use such special escort service.

SPECIAL ESCORT SERVICE

The provisions of special police protection for any person, public or private, for the purpose of transporting money or other valuable goods within the boundaries of the Township.

(2) Special escort service.

(a) Administration. The desk officer shall record all requests received for escort service and shall file daily reports with the Chief of Police. The Chief of Police shall cause monthly bills to be forwarded to each requesting agency detailing the date, destination and total cost. All bills are payable before the 10th day of the following month. Failure of using agency to pay the monthly bill in accordance with the terms of this article will constitute grounds for the termination of such special escort service until all bills are satisfied. Checks in payment shall be made payable to "Police Department, Township of Clark." A report of receipts and a check representing total receipts shall be filed with the Township Treasurer on a monthly basis.

(3) Fees. The cost of special escort service rendered by the Police Department to any person is as set forth in § 145-3.

(4) Copies of public records. The charges as set forth in § 145-3 shall be made by the Record Bureau of the Police Department for the furnishing of photographs, photocopies, or other duplications of public records of the Police Department.

(5) Collection. All charges and fees shall be collected by the officer in charge of the Record Bureau of the Police Department or his/her designated agent.

(6) Disposition. Within 48 hours, all charges and fees collected under this subsection shall be delivered to the Township Treasurer and thereafter deposited by him/her in the appropriate account of the Township.

L. Miscellaneous regulations. "Emergency" defined. Whenever the term "emergency" appears in the rules and regulations of the Police Department, the meaning shall be as follows: "Emergency" shall mean and include any unusual conditions caused by fire, weather or any circumstances or situation, including shortages in departmental personnel caused by vacancies, sickness or injury, or by the taking of accrued vacation or sick leave, or both, whereby the safety of the public is endangered or imperiled, as shall be determined within the sole discretion of the Chief of Police.

M. Personnel, assignment to private gatherings; payment.

(1) Any organization or person desiring police service at private gatherings shall make such a request to the Chief of Police. The Chief of Police shall have the right to assign off-duty police officers or special law enforcement officers to such private gatherings.

(2) The organization or person so requesting this police service shall pay the Township of Clark, and, in turn, the Township of Clark will pay the police/special law enforcement officers, a sum equal to the prevailing rate paid to Township police officers.

N. Special law enforcement officers.

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

SPECIAL LAW ENFORCEMENT OFFICER

Any person appointed pursuant to N.J.S.A. 40A:14-146.8 et seq., to temporarily or intermittently perform duties similar to those performed regularly by members of the Police Department, or to provide assistance to the Police Department during unusual emergency circumstances.

(2) Creation of position. The Township Council may appoint special law enforcement officers as it deems necessary for the preservation of peace and good order in the Township of Clark. They shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief of Police, the chief law enforcement officer designated by the Chief of Police.

(3) Qualifications. No person may be appointed as a special law enforcement officer unless such person:

(a) Is a resident of the State of New Jersey during the term of the appointment.

(b) Residents of the Township of Clark shall be given preference for appointments as special officers. Nonresidents certified as special officers by the New Jersey Police Training Commission may be considered for appointment at the discretion of the appointing authority.

(c) Is able to read, write and speak the English language well and intelligently and has a high school diploma or equivalent.

(d) Is sound in body and of good health.

(e) Is of good moral character.

(f) Has not been convicted of any offense involving dishonesty, which would make him/her unfit to perform the duties of the office of special law enforcement officer.

(g) Has successfully undergone similar psychological testing that is required of all full-time police officers.

(h) Complies with all other requirements set forth in N.J.S.A. 40A:14-146.8 et seq., the administrative rules and regulations of the Police Department and the general ordinances of the Township of Clark.

(4) Classification. Special law enforcement officers shall be classified as belonging to either Class One or Class Two, based upon the duties to be performed by each class, as follows:

(a) Class One.

[1] Class 1-A. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief of Police, the law enforcement officer designated by the Chief of Police.

[2] Class 1-B. Class 1-B officers shall have the same powers as Class 1-A officers and, in addition, shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of Township ordinances, and violations of N.J.S.A. 39:1-1 et seq.

[3] Firearms. The use of a firearm by a Class One special law enforcement officer shall be strictly prohibited. No Class One officer shall be assigned any duty which may require the carrying or use of a firearm.

(b) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by a Class Two special law enforcement officer may be authorized only after the officer shall have been fully certified as successfully completing training, as prescribed by the Police Training Commission established in the Police Department.

(5) Training course. No person shall commence duties as a special law enforcement officer until having successfully completed a training course approved by the Police Training Commission. In addition, no Class Two special law enforcement officer shall be issued a firearm prior to having successfully completed the basic firearms course required by the Police Training Commission for permanent, regularly appointed police and annual requalification examinations.

(6) Persons ineligible for appointment. No person shall be eligible to serve as a special law enforcement officer in the Township of Clark if that person intends to serve as a special law enforcement officer in another municipality, nor shall any permanent, regularly appointed full-time police officer be permitted to simultaneously serve as a special law enforcement officer in the Township. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the Township or supervision of the Police Department shall be appointed as a special law enforcement officer.

(7) Fingerprints. Every applicant appointed to the position of special law enforcement officer shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

(8) Powers and authority. The Chief of Police, or, in the absence of the Chief of Police, such other law enforcement officer designated by the Chief of Police, may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as permanent, regularly appointed police officers, including, but not limited to, the carrying of firearms and the power of arrest, subject to rules and regulations not consistent with the certification requirements of N.J.S.A. 40A:14-146.8 et seq., as may be established by the Code of the Township of Clark.

(9) Appointment; term; revocation. A special law enforcement officer may be appointed for a term not to exceed one year. The powers and duties of a special law enforcement officer shall cease at the expiration of the term to which the special law enforcement officer shall have been appointed. At the expiration of such term, the Township Council shall have absolute discretion in determining whether to reappoint. The appointment of a special law enforcement officer may be revoked by the Chief of Police for cause and after an administrative hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require the reappointment upon the expiration of the terms. Such special law enforcement officers shall not be classified as regular members of the Police Department entitled to tenure and other benefits of the Police Department. They shall receive such compensation for their services as recommended by the Chief of Police and set forth in the Township of Clark Salary Ordinance.[1]

[1] Editor's Note: The Salary Ordinance is on file in the Township offices.

(10) Duty times. A special law enforcement officer shall be deemed to be on duty only while performing the public safety functions on behalf of the Township pursuant to N.J.S.A. 40A:14-146.8 et seq., and when receiving compensation, if any, from the Township at the rates or stipends as established by ordinance. A special law enforcement officer shall not be deemed to be on duty while performing private security duties for private employers, which duties are not assigned by the Chief of Police or his/her designee, or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Chief of Police, or his/her designee, to perform public safety functions for a private entity if the Chief of Police, or his/her designee, supervises the performance of the public safety functions. If the Chief of Police, or his/her designee, assigns a public safety duty and supervises the performance of those duties, then, notwithstanding that the Township is reimbursed for the cost of assisting a special law enforcement officer at a private entity, the special law enforcement officer shall be deemed to be on duty.

(11) Hours of employment. Except in periods of emergency, in which event there shall be no limitation as to hours per week, no special law enforcement officer may be employed for more than 20 hours per week. An "emergency" shall be defined as any sudden, unexpected or unforeseeable event requiring the immediate use or deployment of law enforcement personnel, as shall be determined by the Chief of Police or his/her designee. Vacations, shortages in police personnel caused by vacancies unfilled by the Township Council for more than 60 days or any other condition which could reasonably have been anticipated or foreseen shall not constitute an emergency. However, an emergency may continue when a vacancy remains unfilled for more than 60 days and when, on application of the Township Council, the County Prosecutor grants an extension for one or more sixty-day periods upon a showing by the Township Council of a diligent, good faith effort to fill the vacancy.

(12) Supervision; conduct. A special law enforcement officer shall be under the supervision and direction of the Chief of Police or his/her designee and shall perform all duties solely with the Township of Clark, except when in fresh pursuit of any person, pursuant to N.J.S.A. 2A:156-1 et seq. A special police officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Township, as well as all rules and regulations applicable to the conduct and decorum of special law enforcement officers.

O. Police Director. If appointed, the Police Director shall report to the Mayor of the Township of Clark. The Police Director shall serve as the administrative and executive head of the Police Department. The Police Director, if appointed, shall be appointed by the Mayor and shall serve at the pleasure of the Mayor and may be removed by the Mayor. The Police Director's duties include, but are not limited to:

(1) Establish the procedures to be followed by the Chief of Police and other subordinate officers for the purchase of equipment and supplies. Such procedures may include the requirement that the Police Director approve all expenditures with regard to the equipment and supplies.

(2) Keeping a record of all business transacted by the Police Department and approving all bills for the expense of the Police Department.

(3) Keeping and maintaining accurate records and submitting an annual report to the Mayor, which shall assess the operations of the Police Department, and its personnel, equipment and property.

(4) Keeping and maintaining all records, reports, documents and other data required to be kept and maintained by the federal and/or state government and/or any of their respective subdivisions.

(5) Keeping and maintaining a record of all appointments, dismissals, removals, resignations and deaths of officers and other Department employees as they take place, with such other information as may be necessary.

(6) Developing the annual budget for the Police Department and overseeing any and all expenditures of the Police Department.

(7) Analyzing crime trends and statistics to ensure that the Police Department makes the best use of available funds, personnel, equipment and supplies.

(8) Evaluating the effectiveness of work program and procedures of all units and bureaus within the Police Department and developing effective work methods for subordinates.

(9) Undertaking special studies pertaining to police functions and promoting close coordination of planning efforts.

(10) Establishing and maintaining helpful and cooperative relations with civic and business organizations, schools, and court offices, and with other groups and public authorities and other jurisdictions, and with others interested in the maintenance of law and order.

(11) All such other duties not specifically reserved to the Chief of Police pursuant to N.J.S.A. 40A:14-118.

§ 3-30 Volunteer Fire Department.

[Amended 11-21-2011 by Ord. No. 11-21; 1-17-2012 by Ord. No. 12-01; 2-18-2014 by Ord. No. 14-02; 6-16-2014 by Ord. No. 14-12; 2-17-2015 by Ord. No. 15-01]

A. Established. There is hereby established in the Township, within the Department of Public Safety, a Volunteer Fire Department, to be known as the "Volunteer Fire Department of the Township of Clark."

B. Organization. The Clark Fire Department shall consist of the following Officers in order of the chain of command/rank:

[Amended 2-16-2016 by Ord. No. 16-02; 3-20-2017 by Ord. No. 17-05; 4-16-2018 by Ord. No. 18-10]

(1) Director/Fire Chief/Fire Official.

(2) Command Staff/Line Officers.

(3) Duties and responsibilities of the Command Staff and Line Officers and for their appointment, pursuant to the terms of Chapter 161, entitled Fire Prevention.

(4) The Command Staff shall include Deputy Chiefs, Battalion Chiefs, Captains and Lieutenants in such number as may be determined by the Director of the Department.

(5) Duties, responsibilities, and appointment procedures are defined in Chapter 161, Fire Prevention, and as needed in accord with the Clark Fire Department Standard Operating Guidelines as approved by the Director/Chief of the Department with approval of the Administration.

(6) It shall be the duty of every Command Staff and Line Officer to perform all acts and things required by general law, the Ordinances of the Township, Standard Operating Guidelines governing the Department and orders issued by the Director/Chief and the Administration.

C. Membership.

(1) New members. The Director/Fire Chief/Fire Official and Command Staff, as needed, shall interview and present to Council persons for appointment to the Fire Department.

(2) Approval; certificate of membership. Such persons, after having been approved by the Township Council, in its discretion, shall be furnished with certificates of membership by the Township Clerk and shall thereafter be considered members of the Fire Department

D. (Reserved)

E. Duties. It shall be the duty of every member of the Fire Department to observe and enforce all laws, ordinances and Department Standard Operating Guidelines pertaining to his/her duty as a firefighter. The firefighter shall, under the supervision of the Director/Fire Chief/Fire Official and Command Staff, be authorized and empowered, and it shall be his/her duty, to perform all acts and things required by general law, ordinances of the Township, and Departmental Standard Operating Guidelines of the Fire Department.

F. Register of members. The Township Clerk shall keep register of all members of the Fire Department.

G. (Reserved)[1]

[1] Editor's Note: Former Subsection G, Election of officers, as amended, was repealed 3-20-2017 by Ord. No. 17-05.

H. (Reserved)[2]

[2] Editor's Note: Former Subsection H, Line officers, as amended, was repealed 3-20-2017 by Ord. No. 17-05.

I. General provisions.

(1) Disciplinary proceedings. Charges may be proffered by the Director/Fire Chief/Fire Official against any member of the Department; by the Director of Public Safety against any member of the Department, including the Chief; and by a majority of the members of the Department against any member, including the Chief.

(2) Any rule or regulation shall be issued by the Director/Fire Chief/Fire Official of the Department and posted. The Standard Operating Guidelines, together with any other rule or regulation of the Fire Department heretofore adopted, are continued.

[Amended 4-16-2018 by Ord. No. 18-10]

(3) Any member who has served one year and has completed his/her requirements as a probationary firefighter may move his/her residence from the jurisdiction limits of the Township of Clark with the prior approval of the Director/Fire Chief/Fire Official; provided, however, that the member's new residence shall not be more than three miles' distance from the jurisdiction limits of the Township of Clark. Any member who has relocated his/her residence beyond the geographical limits provided for hereinabove shall be determined to have resigned as a member of the Clark Voluntary Fire Department.

(4) Any trained firefighter who lives two miles outside the jurisdiction limits of the Township of Clark may complete an application to join the Clark Volunteer Fire Department. Trained firefighter requirements include successful completion of the State of New Jersey requirements for Firefighter One and Two Programs. Any application will be reviewed by the senior officers of the Fire Department and approved or denied for membership pending final approval of the Chief of the Fire Department. Once an application has been approved, the application will be placed on a wait list pending the need for additional members, or the application will be sent to the administration for the applicant to be approved for a position within the Fire Department. Any members joining the Clark Volunteer Fire Department who reside outside the jurisdiction limits of the Township of Clark shall not hold a position of Fire Officer.

J. Pension to surviving spouse or minor children.

(1) The governing body of any municipality served by a volunteer fire company or first aid or rescue squad shall, by resolution, determine the eligibility for a survivor's pension of the widow or children or parent of any volunteer firefighter, first aid worker, rescue squad worker, or emergency medical technician who has died as the result of injuries sustained in the course of performance of duties as a member of the volunteer fire company or first aid or rescue squad on or after January 1, 2000. A governing body may determine that the widow or children or parent of a volunteer is eligible for a survivor's pension whenever a volunteer dies while responding to, preparing for or returning from an emergency while under orders from a competent authority. When the municipal governing body determines that a widow or children or parent are eligible for a survivor's pension, a certified copy of the resolution shall be filed by the Municipal Clerk with the State Treasurer within 10 days of adoption, and the state shall provide for payment of the survivor's pension, starting in the first calendar year next following the year of death of the volunteer or the year next following the year in which P.L. 2002, c. 134, is enacted, whichever is later.[3]

[3] Editor's Note: See N.J.S.A. 43:12-28.1 et seq.

(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

CHILD

A deceased firefighter's, emergency medical technician's, or first aid or rescue squad worker's unmarried child:

(a) Under the age of 18;

(b) Eighteen years of age or older and enrolled in a secondary school;

(c) Under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester; or

(d) Of any age who, at the time of the firefighter's, technician's or worker's death, is disabled because of mental retardation or physical incapacity, is unable to do any substantial, gainful work because of the impairment, and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by a medical professional.

FIRST AID OR RESCUE SQUAD

Any duly incorporated first aid and emergency or volunteer ambulance or rescue squad association providing volunteer public first aid, ambulance or rescue services within the municipality.

PARENT

The parent of a firefighter, emergency medical technician, or first aid or rescue squad worker who was receiving at least 1/2 of his or her support from the firefighter, technician or worker in the twelve-month period immediately preceding the firefighter's, technician's or worker's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

WIDOW

Shall also include "widower."

(3) Amount. A survivor's pension granted under Section 1 of P.L. 1957, c. 168 (N.J.S.A. 43:12-28.1), shall be for the sum of $15,000 annually and shall be paid to the widow during her widowhood, or to the child or children of such firefighter, emergency medical technician, or first aid or rescue squad worker if, he leaves no surviving widow, or to such child or children after the death of such widow; $10,000 annually and shall be paid to the child or children of such firefighter, emergency medical technician, or first aid or rescue squad worker if the surviving widow remarries; or $5,000 annually and shall be paid to the parent or parents of such firefighter, emergency medical technician, or first aid or rescue squad worker if he leaves no surviving widow or child. As used in this subsection, the terms "widow" and "widowhood" shall also include "widower" and "widowerhood," respectively.

(4) Manner of payment. With regard to any pension granted by a municipality pursuant to Section 1 of P.L. 1957, c. 168 (N.J.S.A. 43:12-28.1), prior to the effective date of P.L. 2002, c. 134, the governing body shall make provision in its budget for the payment of any such pension, and the same shall be paid in the same manner as municipal employees are paid.

§ 3-31 Office of Emergency Management.

A. Emergency Management Council.

(1) Organization. There shall be within the Department of Public Safety an Office of Emergency Management, the head of which shall be known as the "Emergency Management Coordinator." There shall be a Local Emergency Management Council composed of not more than 15 members, who shall be appointed by and hold office at the will of the Mayor.

(2) Powers and duties.

(a) The Emergency Management Council shall assist the Township in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities, in accordance with rules and regulations established by the Governor in pursuance of the provisions of N.J.S.A. App. A:9-30 et seq. The Local Emergency Management Council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the emergency management activities of the Township.

(b) It shall be lawful for the members of the Local Emergency Management Council also to be members of other agencies created because of any emergency.

B. Township Emergency Management Coordinator.

(1) Appointment; term. The Mayor shall appoint a Township Emergency Management Coordinator who shall serve for a term of three years. The Emergency Management Coordinator shall serve as Chairperson of the Local Emergency Management Council.

(2) Qualifications. As a condition of appointment and continuance in office, the Emergency Management Coordinator shall have successfully completed, at the time of appointment or within one year immediately following appointment, the current approved home study course and the basic emergency management workshop. The failure to fulfill such requirement within the period prescribed shall disqualify the Coordinator from continuing in the Office of Coordinator, and, thereupon, a vacancy in such office shall be deemed to have been created.

(3) Powers and duties.

(a) The Emergency Management Coordinator shall be responsible for the planning, activating, coordinating and the conduct of emergency management operations within the Township.

(b) Whenever, in the opinion of the Coordinator, a disaster has occurred or is imminent in the Township, he/she shall proclaim a state of local disaster emergency within the Township. The Emergency Management Coordinator, in accordance with regulations promulgated by the State Director of Emergency Management, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety and resources of the residents of the Township.

§ 3-32 Department of Public Works and Engineering.

A. Organization.

[Amended 3-17-2003 by Ord. No. 03-12]

(1) Creation; Director. There shall be a Department of Public Works and Engineering, the head of which shall be known as the "Director of the Department of Public Works and Engineering."

(2) Principal Public Works Manager/Superintendent of Public Works. There is hereby established within the Department of Public Works of the Township of Clark the position of Principal Public Works Manager, who shall be certified in accordance with N.J.S.A. 40A:9-154.6(a) et seq. The Principal Public Works Manager shall advise Township officials and employees in proper compliance with the administration of the various laws, regulations, technical practices, operations and management techniques with regard to public works activities conducted by the Township. In addition to the foregoing, the Principal Public Works Manager/Superintendent of Public Works shall be charged with the duties of supervising the care and maintenance of streets, roads, avenues, public buildings, public places, sewers and motor vehicles of the municipality, notwithstanding the public title given this office or position. The person so designated as Principal Public Works Manager/Superintendent of Public Works shall serve for a term concurrent with that of the Mayor unless otherwise terminated as provided herein or by general law.

(3) Divisions. The Department of Public Works and Engineering shall consist of the following Divisions:

(a) Division of Engineering.

(b) Division of Buildings and Grounds.

(c) Division of Shade Trees.

(d) Division of Public Roads.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Division of Engineering.

(1) Township Engineer. The head of the Division of Engineering shall be the Township Engineer, who shall be appointed by the Council. The Township Engineer shall, prior to his/her appointment, hold a degree in civil engineering from a recognized school or college of engineering, be licensed in the State of New Jersey, and be qualified by further training and experience of at least five years in responsible engineering work.

(2) Powers and duties. The Township Engineer, through such Bureaus as he/she may establish, and otherwise, shall:

(a) Have general supervision over all matters relating to the construction, management, maintenance and operation of the physical properties of the Township.

(b) Direct and supervise the preparation of plans and specifications.

(c) Provide for Township traffic engineering needs.

(d) Provide all engineering and mechanical services required by any department, office or agency of the Township government, except the communications systems of the Police Department and the Fire Department, and as otherwise directed by the Mayor.

(e) Supervise the construction, reconstruction, maintenance and repair of all public streets within the limits of the Township. The Township Engineer shall also regulate street openings, the construction, alteration and repair of sidewalks, curbs and gutters, and encroachments by objects and structures above and below public streets and sidewalks, to prevent interference with the public use thereof and to maintain reasonable standards of maintenance and repair. The Township Engineer shall also be responsible for street cleaning and snow removal on all Township streets.

(f) Provide for the construction, reconstruction, maintenance and repair of sanitary and storm sewerage systems within the limits of the Township.

C. Division of Buildings and Grounds.

(1) Organization. There shall be a Division of Buildings and Grounds within the Department of Public Works and Engineering, the head of which shall be the Director of the Department of Public Works and Engineering.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Powers and duties. The Division shall:

(a) Care for all Township parks and public grounds, including the trees, lawns and landscaping, appurtenant to public buildings, and the recreational areas and facilities operated by the Township government.

(b) Provide for the operation and maintenance of all public buildings and places under the jurisdiction of the Township government, including the Township-owned firehouses.

(c) Operate and maintain other Township-owned properties, including tax-foreclosed property.

(d) Perform such other duties as may be assigned to it.

D. Division of Shade Trees. There is hereby created a Division of Shade Trees within the Department of Public Works and Engineering, the head of which shall be the Director of the Department of Public Works and Engineering.[3]

(1) Assistants. The Director of the Department of Public Works and Engineering shall have the authority to appoint five residents of the Township to the Division to assist the Director in the carrying out of the Division business. Such appointees shall serve at the pleasure of the Director without compensation.

(2) Powers and duties. The Division shall:

(a) Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in the Township in any street, public place, park or parkways in the Township, except state highways or county parks or parkways, including the planting, trimming, spraying, care and protection thereof. The control of trees on state or county highways within the Township may be determined by mutual agreement between the Township and the appropriate state or county agencies concerned having jurisdiction thereof.

(b) Regulate and control the use of the ground surrounding shade and ornamental trees and shrubbery so far as may be necessary for their proper growth, care and protection.

(c) Move or require the removal of any tree, or part thereof, dangerous to public safety.

(d) Care for and control the parks and parkways and encourage arboriculture.

(e) Administer treatment to, or remove, any tree situate upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Township and, for that purpose, enter upon such private property with the consent of the owner thereof, provided the suspected condition is first confirmed by a certificate issued by or on behalf of the State Department of Agriculture.

(3) Cost of trees and improvements; charge and lien on property; exception.

(a) Except as hereinafter provided in Subsection D(3)(d), the initial cost of all trees planted by the Division, the cost of planting them, the costs of the posts and boxes or guards used for the protection thereof, and the cost of the removal of any tree, or part thereof, dangerous to public safety shall, if the Department so determines in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof.

(b) Such cost, if it is required to be paid by the owner, shall, unless paid directly to the Division, be certified by it to the Council, which shall examine the certificate and, if found correct, shall pass a resolution authorizing such amount to be charged against such lands.

(c) Such costs shall thereupon become and be a lien upon such real estate, shall be included in the next tax bill rendered to the owner or owners thereof, and shall be collected in the same manner as other taxes against that property.

(d) The provisions of this subsection shall not apply to:

[1] A planting to replace a tree or trees heretofore planted by the Township; or

[2] A planting in connection with Arbor Day exercises or other educational demonstration.

(4) Planting and removal of trees; notice and hearing; emergencies.

(a) In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Department shall give notice of the meeting at which it is proposed to consider such planting by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting, or if such service is not possible, by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the Township.

(b) The notice shall specify the street, streets, or portions thereof on which such planting is proposed and require all persons who may object thereto to present their objections, in writing, at the office of the Division at or before the meeting.

(c) Before final action shall be taken, all objections so filed shall be considered.

(d) The Division shall give reasonable notice of its intention to remove or cause the removal of a tree, or part of a tree, dangerous to public safety. If public safety requires immediate removal, no notice shall be necessary.

(5) Public improvements affecting trees; consent of Division. No statute giving any person or state, county or municipal board, body or official power or authority to lay any sidewalk along or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a street shade tree without the consent of the Division. In all cases, the Division shall reasonably cooperate with such person, board, body or official for the general public good.

(6) No liability for death or injury. Nothing contained in this subsection shall be construed to make the Division, or any member thereof, responsible for the death or injury of any person or for any injury to any property, street, tree or shrub.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Division of Public Roads. There is hereby further created the Division of Public Roads within the Department of Public Works and Engineering, the head of which shall be the Director.

F. Personnel of the Divisions of Buildings and Grounds, Shade Trees and Public Roads. The Director of the Department of Public Works and Engineering shall assume jurisdiction over all the personnel within the Divisions of Buildings and Grounds, Shade Trees and Public Roads and shall assume the authority to exercise full and exclusive control over all the functions of the Divisions.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 3-33 Department of Construction.

A. Department of Construction established. There shall be created a Department of Construction within the administrative organization of the Township of Clark, the head of which shall be the Director, who shall have jurisdiction over all Divisions within the Department.

B. Division of Code Enforcement. There shall be, within the Department, a Division of Code Enforcement, the head of which shall be the Construction Code Official. The Construction Code Official shall have, exercise and discharge functions, powers and duties of the Construction Code Official as provided by statute and the ordinances of the Township of Clark. The Division of Code Enforcement within the Department of Construction shall continue to be organized in accordance with the provisions of § 122-1 of the Code of the Township of Clark.

§ 3-34 Department of Recreation.

A. Organization. There shall be a Department of Recreation, the head of which shall be known as the "Director of the Department of Recreation." The Director shall have jurisdiction over all divisions within the Department and shall serve for a term concurrent with that of the Mayor, unless otherwise terminated as provided herein or by the general law.

[Amended 3-17-2003 by Ord. No. 03-11]

B. Assistants. The Director of the Department of Recreation shall have the authority to appoint seven residents of the Township to the Department to assist the Director in the carrying out of the Department's business. Such appointees shall serve at the pleasure of the Director without compensation.

C. Powers and duties. The Department of Recreation shall have the following powers and duties:

(1) Formulate plans for the development and improvement of the public parks and playground lands now or hereafter owned by the Township.

(2) Propose methods or arrangements for the proper maintenance and care of such lands and the improvements thereof.

(3) Formulate rules and regulations for the public use of such parks or playground lands and improvements.

(4) Determine annually what sums may be necessary for the improvement, care and maintenance of the public parks and playground lands within the Township and recommend to the Mayor, in writing, the amounts necessary to be raised for such purpose. All recommendations of the Director of the Department of Recreation involving the expenditures of monies shall be submitted to the Mayor prior to the introduction and formal consideration of the annual budget.

§ 3-35 Department of Senior Citizen Affairs.

A. Created. There shall be a Department of Senior Citizen Affairs, the head of which shall be known as the "Director of the Department of Senior Citizen Affairs." The Director shall have jurisdiction over all of the divisions within the Department.

B. Powers and duties. The Department of Senior Citizen Affairs, under the supervision of the Director, shall provide and coordinate activities within the Township for senior citizens, including, but not limited to, social, physical, health, recreation, nutrition and such other activities and programs as may be directed or recommended by the Mayor and Council.

C. Assistants; appointment. The Director of the Department of Senior Citizen Affairs shall have the authority to appoint residents of the Township to such Department, which residents shall compliment and assist the Director in the carrying out of the Department business. Such appointees shall serve at the pleasure of the Director without compensation.

§ 3-35.1 Department of Communications and Business Development.

[Added 2-16-2021 by Ord. No. 21-04]

A. Department created.

(1) There shall be established a Department of Communications and Business Development, the head of which shall be known as the "Director of Communications and Business Development." The Director shall have jurisdiction over all divisions within the Department and shall serve for a term concurrent with that of the Mayor unless otherwise terminated as provided herein or by the general law.

B. Organization of Department. The Department of Communications and Business Development shall consist of the following two divisions:

(1) Division of Communications.

(2) Division of Business Development.

C. Division of Communications. The Division shall manage the internal and external communications of the Township, including public relations, communication strategies and media relations.

(1) Township communications.

(a) Coordinate the development, implementation, and delivery of a comprehensive communication plans for the town.

(b) Develop, write, and edit marketing and communications materials shared with Township residents such as announcements, invitations, blog posts and social media content.

(c) Create and coordinate distribution schedules and cadence for various types of communications.

(d) Distribute through multiple modalities, email, regular postal mail, social media and web page updates.

(e) Manage Township social media accounts - posting and sharing to ensure that all communications and marketing material aligns with Township standards.

(2) Media relations.

(a) Develop press kit materials for media outlets, including press releases, images, pitch letters, case studies, feature articles, and trend stories.

(b) Help maintain the identity and reputation of the Township.

(c) Respond to media inquiries and perform media outreach to achieve brand placement in publications.

(d) Evaluate public opinion of the Township through surveys, polls, and social media listening.

(e) Cultivate and maintain relationships with regional and local media outlets.

(f) Arrange for press conferences, interviews, and other media and event appearances for Township officials as appropriate.

(g) Write speeches as needed.

(h) Respond to requests for information from media outlets.

(i) Seek out and cultivate news and information resources for the development of positive stories.

(3) Internal Township communications.

(a) Work with Township team members to conceptualize and implement communications strategies and campaigns for various departments.

(b) Develop escalation protocols for managing communication crises, should they arise.

(c) Coordinate development and updates of website with vendors.

D. Division of Business Development. The Division shall promote a strong local economy by developing relationships between businesses, citizens and the Township through a variety of events, outreach and services.

(1) Business development.

(a) Serve as the liaison between new and established town businesses, business organizations and the Township.

(b) Develop, write, and edit marketing and communications materials directed at businesses.

(c) Meet with new businesses in town.

(d) Represent the town at all networking related groups; Chamber of Commerce, Rotary, etc.

(e) Explore the concept of creating a Clark business alliance - or similar concept.

(f) Ribbon cutting events for new businesses.

(g) Set up business networking events.

(h) Attend regional, statewide commerce events to represent and attract business to Clark.

§ 3-36 Officers and employees.

A. Municipal Historian.

(1) Appointment. The Mayor shall nominate a Municipal Historian and present the nomination to the Township Council. The Township Council shall confirm or deny the nomination of the Mayor by resolution requiring the affirmative vote of a majority of those voting thereon. If the Township Council denies the nomination, the Mayor shall submit another nomination for consideration by the Township Council until a nomination has been confirmed. The Municipal Historian shall serve for a term concurrent with that of the Mayor.

(2) Powers and duties. The Municipal Historian shall serve on the Citizen's Advisory Committees pursuant to § 195-9 of the Code. The Municipal Historian shall have such other different and additional functions, powers and duties as may be prescribed by law, the charter or ordinance or delegated to him/her by the Mayor and the Township Council.

B. Police Traffic Expert Liaison.

[Added 9-16-2024 by Ord. No. 24-13]

(1) Appointment. The Mayor shall appoint the Police Traffic Expert Liaison. The Police Traffic Expert Liaison shall serve for a term concurrent with that of the Mayor. The Police Traffic Expert Liaison shall not be compensated.

(2) Role; powers and duties. The Police Traffic Expert Liaison shall serve as the primary contact between the Township Police Department and Township Administration, focusing on addressing residents' traffic concerns. The role of the Police Traffic Expert Liaison involves analyzing traffic patterns, developing strategic plans to improve traffic flow and safety, and advising the Township Police Department and Township Administration on implementing changes based upon community needs. The Police Traffic Expert Liaison shall present findings and recommendations to the Township Administration to enhance traffic management and road safety. The Police Traffic Expert Liaison shall possess extensive knowledge of traffic laws and regulations, along with substantial experience in traffic management and law enforcement. The key responsibility of the Police Traffic Expert Liaison is to collaborate with the Township Administration to effectively address traffic-related issues and improve overall road safety.