[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Allamuchy 12-6-1979 (Ch. 4 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 21.
A.
General
powers. The legislative power of the Township shall be exercised by
the Township Council, except as may be otherwise provided by charter
or by general law.
B.
Organization.
The Township Council shall consist of the Mayor and four Township
Councilmen elected at large in the Township, all of whom shall be
elected and take office in the manner provided by law.
C.
Terms
of office. The terms of office of the Mayor and Township Councilmen
shall commence on January 1 next following their election. The length
of term of office at the first election shall be determined in accordance
with N.J.S.A. 40:69A-117.2 and 40:69A-117.3; thereafter the term of
each Councilman shall be three years.[1]
E.
Meetings.
The Township Council shall meet for organization during the first
week in January. Thereafter, the Township Council shall meet regularly
at least once each month within the Township at such times and places
as provided by resolution. The Mayor shall, when necessary, call special
meetings of the Township Council. In the case of his neglect or refusal,
upon the written request of any two members of the Township Council,
the Township Clerk shall call such meetings at such time and place
in the Township as designated. In the case of special meetings, 24
hours' notice, either in writing to the residence of the member or
by actually reaching the member by telephone, shall be given to all
members of the Township Council. All notices to the general public
shall be in accordance with the notice provisions of Township and
state laws.
F.
Presiding
officer. The Mayor shall preside over all meetings of the Township
Council. The Township Council shall elect from among its members a
President of the Council, who shall serve in place of the Mayor as
presiding officer whenever the Mayor is unable to appoint or refuses
to appoint an Acting Mayor as set forth herein.
G.
Quorum.
The Mayor shall participate and vote as other Township Councilmen.
A majority of the whole number of the Township Council shall constitute
a quorum for the transaction of business, but a smaller number may
meet and adjourn from time to time.
H.
Rules
of Township Council. The rules of procedure to be followed and rules
for the consideration of nominations submitted by the Mayor and for
the conduct of other business of the Council shall be provided by
resolution.
I.
Roll
call; votes; minutes. The vote upon every ordinance, resolution and
motion shall be taken by roll call, and the yeas and nays shall be
entered on the minutes. The minutes of each meeting shall be signed
by the presiding officer and Clerk.
J.
Ordinances.
All ordinances shall be introduced, read, heard and enacted in the
manner provided by general law.
K.
Ordinance
Book. The Ordinance Book shall be signed by the Mayor and Clerk.
A.
General
powers. The executive power of the Township shall be exercised by
the Mayor. It shall be his duty to see that all laws and ordinances
in force and effect within the Township are observed. He shall address
the Township Council and report to the residents annually, and at
other times as he may deem desirable, on the condition of the Township.
B.
Appointment
power. The Mayor shall appoint, with the advice and consent of the
Township Council, an Assessor, a Tax Collector, an Attorney, the Clerk,
the Treasurer and other officers where so provided by these ordinances.
The Mayor shall also appoint a Finance Committee and such other committees
of the Township Council as the Mayor from time to time shall deem
necessary or advisable and shall appoint all officers and employees
whose appointment or election is not otherwise provided for by charter,
general law or these ordinances. The Mayor shall also appoint an Acting
Mayor to act in the absence or disability of the Mayor. Except where
required by state law, the appointment powers of the Mayor shall be
exercised by the Mayor acting alone and without the advice and consent
of the Township Council.
[Added 3-2-1989 by Ord. No. 1-89[1]]
The Mayor, with the advice and consent of Council, shall appoint
a Treasurer for a term of one year, who shall perform all the duties
specified in this chapter and all duties imposed upon him or her by
law and shall serve as Chief Financial Officer of the Township. The
Treasurer so appointed shall possess all qualifications required by
law for a Municipal Treasurer and Chief Financial Officer and which
may be imposed by the Council by resolution.
A.
Appointment.
There shall be a Clerk of the Township appointed by the Mayor with
the advice and consent of the Township Council. Prior to his appointment,
the Clerk shall be qualified by training and experience to perform
the duties of the office. He shall serve at the pleasure of the Township
Council, except as otherwise provided by charter or general law.
B.
Clerk
of the Township Council. The Clerk shall serve as Clerk of the Township
Council. He shall attend all meetings of the Township Council and
keep the minutes of the meetings.
C.
Ordinances
and resolutions. The Clerk shall record all ordinances and resolutions
adopted by the Township Council. At the close of each year or during
the year, the Clerk, with the advice and assistance of the Township
Attorney, shall bind, compile and codify all the ordinances, or true
copies thereof, which then remain in force and effect. He shall also
properly index the record books and compile for codification the ordinances.
D.
Custodian
of records. The Clerk shall have custody of and safely keep all records,
books and documents of the Township, except those committed by ordinance
to any other office or transferred thereto by the Mayor and Township
Council. He shall, upon request and the payment of the fees prescribed
by resolution of the Township Council for the use of the Township,
furnish a certified copy of any paper in his custody under the corporate
seal of the Township.
E.
Corporate
seal. The Clerk shall cause the corporate seal of the Township to
be affixed to instruments and writings when authorized by ordinance
or resolution of the Township Council or when necessary to exemplify
any document on record in his office or to certify any act or paper
which, from the records in his office, shall appear to have been a
public act of the Township or a public document. He shall not affix
the seal or cause or permit it to be affixed to any other instrument,
writing or other paper unless required by law or ordinance.
F.
Insurance,
surety bonds and contracts. The Clerk, subject to the supervision
of the Mayor and Township Council, shall:
(1)
Be the depository for and custodian of all official surety bonds
furnished by or on account of any officer or employee, except his
own bond which shall be placed in the custody of the Deputy Clerk;
of all insurance policies upon or with respect to risks insured for
the benefit of the Township or to protect it against any claim, demand
or liability whatsoever; and of all formal contracts for work, labor,
services, supplies, equipment and materials to which the Township
may be a party.
(2)
Be the depository for and have custody of all performance bonds running
to the Township as obligee or any other form of security given by
any contractor, subdivision developer or other persons on account
of work done to or to be done in or for the Township.
(3)
Have custody of all leases of property owned by the Township.
(4)
Report to the Township Council annually and at such times as the
Council may require on the coverage, expiration date and premium of
each surety bond and contract of insurance and the nature and terms
of outstanding leases, the rent reserved by each and their respective
expiration dates.
G.
Miscellaneous
duties. In addition to other functions, powers and duties as may be
prescribed by ordinance, and subject to the supervision and direction
of the Mayor and Township Council, the Clerk shall:
(2)
Serve as registrar of dog licenses.
(3)
Administer the provisions of the Township ordinances with reference
to the licensing of occupations and activities for which licenses
are required by law or ordinance to be obtained from the Clerk.
(4)
Have other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to the Clerk
by the Mayor and Township Council.
There shall be a Deputy Township Clerk, who shall be appointed
and hold office as provided by law. It shall be the duty of the Deputy
Township Clerk generally to aid and assist the Township Clerk in the
performance of his office in such manner as the Township Clerk shall
direct. The Deputy Township Clerk shall perform the duties of the
Township Clerk in the latter's absence or incapacity.
[Added 7-20-1998 by Ord. No. 17-98]
A.
There
shall be an Administrator of the Township appointed by the Mayor with
the advice and consent of the Township Council. Prior to his or her
appointment, the Administrator shall be qualified by training and
experience to perform the duties of the office. The term of office
of the Administrator shall be at the pleasure of the governing body,
except as otherwise provided by charter or general law.
B.
The
Administrator shall perform all of those executive responsibilities
of the municipality designated to the Administrator by the Mayor and
Council.
C.
The
Township Administrator shall be paid such annual salary and compensation
as may be provided in the current Salary Ordinance or ordinances of
the Township of Allamuchy.
D.
Notwithstanding
anything in this section to the contrary, the Administrator may be
removed from office by a 2/3 vote of the governing body.
[Added 5-25-2022 by Ord. No. 2022-05]
A.
Appointment. The Township shall appoint a Tax Collector pursuant
to N.J.S.A. 40A:9-141, et seq., who shall be the official charged
with the duty of collecting taxes within the Township.
B.
Duties. The Tax Collector shall have, perform and discharge all the
functions, powers and duties prescribed by law for a collector of
taxes including, without limitation:
(1)
The oversight of the bookkeeping, calculation, and accounting functions
to comply with all state law and municipal directives in the collection
of personal and property taxes, including the proper calculation,
preparation, and mailing of tax bills, the receipt and detailed accounting
of all monies and/or checks received, the timely and accurate accounting
and reporting of the activities of the office as required by state
law and municipal directive, and assisting in the administration of
procedures for the enforcement of timely payment of all due taxes.
(2)
Distribution of public notices of the time and place of all tax sales,
including water and sewer taxes which include a description of property
and total amount due at the time of the sale, the placing of notices
in designated public places, and the publishing of same in an area
newspaper pursuant to state statute.
(3)
Conduct of tax sales on all delinquent property and water/sewer accounts
at least once each year.
[Added 7-20-1998 by Ord. No. 16-98; amended 4-25-2018 by Ord. No. 2018-09]
A.
The
Department Head of the Water and Sewer Utilities shall be appointed
by the Mayor with the advice and consent of the Township Council for
an indefinite term and may be a full or part time employee. The Water/Sewer
Department Head's responsibilities shall include:
(1)
Exercising general supervision of the operation and maintenance of
the water/sewer system, including any and all lines now or hereafter
installed, any and all machinery, equipment, mains, pumps, pipes,
meters and all other mechanical features pertaining thereto.
(2)
Executing all orders of the Mayor and Township Council pertaining
to the Water/Sewer Department.
(3)
Reporting all work performed in the Department, including all materials
purchased and sold, all water and sewer service, collection lines
installed, laterals, manholes, meters and connections made and other
pertinent data and keep a complete record thereof.
(4)
Being responsible for making analysis reports when required under
the rules of the New Jersey State Department of Environmental Protection
and of any and all state agencies having jurisdiction over water and
sewer matters, and shall file such reports with such state agencies
as shall be required.
(5)
Being responsible for and supervising all extensions, repairs or
additions.
(6)
Having the power to issue requisitions for the purchase of materials
and supplies in accordance with instructions from the Mayor and Township
Council and ordinances of the Township.
(7)
Keeping a permanent record of the location of all mains, collection
lines and all other facilities and equipment pertaining to the water
and sewer collection system.
(8)
Preparing a budget for activities and matters within the scope of
the Supervisor's duties and those of his or her employees.
B.
There
shall also be a Supervisor of the Water and Sewer Utilities Department,
appointed by the Mayor with the advice and consent of the Township
Council. The Supervisor shall report to the Department Head of the
Water and Sewer Utilities and shall responsible the operation of the
Water and Sewer systems as directed by the Department Head of the
Water and Sewer Utilities.
[Added 7-20-1998 by Ord. No. 15-98]
A.
There
shall be a Clerk of the Allamuchy Township Water and Sewer Utilities
Department, appointed by the Mayor with the advice and consent of
the Township Council. Prior to his or her appointment, the Water Clerk
shall be qualified by training and experience to perform the duties
of the office. The Water Clerk shall serve at the pleasure of the
Township Council, except as otherwise provided by charter or general
law.
B.
The
Water Clerk shall be responsible for the collection of all fees, charges
or other assessments for the usage of water and/or the water system,
for administration over the billing process in connection with the
same, and for the proper application of payments to customer accounts,
together with any other duties reasonably necessary to effectuate
the collection process provided by law.
C.
On
request of the governing body, the Water Clerk shall furnish a report
to the governing body as to the status of collections.
D.
The
Water Clerk shall have custody of and safely keep all records, books
and documents pertaining to water collections, except those committed
by ordinance to any other office or transferred thereto by the Mayor
and Township Council.
[Amended 11-14-2018 by Ord. No. 2018-24]
A.
There
is hereby established a Department of Public Works, the head of which
shall be the Public Works Supervisor.
B.
Department
functions. The Public Works Department shall perform all appropriate
functions associated with the following and such others as may be
assigned from time to time:
(1)
Construction, maintenance and renovation of streets, roads, parks,
parking lots and drainage.
(2)
Motor vehicle maintenance and cost recordkeeping; preparation of
vehicle specifications.
(3)
Installation, repair and maintenance of traffic devices.
(4)
Collection, recycling and disposal of refuse and leaves; street cleaning
and snow and ice control.
(5)
Care and maintenance of public buildings, grounds and trees.
[Added 5-3-1984]
A.
There is hereby created the office of the Municipal Prosecutor. The
Municipal Prosecutor shall be appointed by the Mayor with the advice
and consent of the Township Council.
C.
It shall be the duty of the Municipal Prosecutor to appear in the
Municipal Court of the Township of Allamuchy on behalf of the State
of New Jersey or the Township of Allamuchy in any case therein pending,
upon the request of the Judge of the Municipal Court, the Police Committee
in charge of the Police Department or upon directive of the Township
Council. He shall also appear before the Township Council in any matter
directed by them in connection with disciplinary proceedings concerning
licenses, permits and franchises. He shall exercise such powers and
duties as are assigned to such office by the statutes of New Jersey,
the rules governing the courts of New Jersey and such other authority
as may be assigned by the Township Council.
D.
The Municipal Prosecutor shall be a duly licensed attorney at law
in the State of New Jersey and a resident of the State of New Jersey.
E.
The Municipal Prosecutor shall be paid such annual salary and compensation
as may be provided in the current Salary Ordinance or ordinances of
the Township of Allamuchy. The position of Municipal Prosecutor shall
be a part-time position, and the Municipal Prosecutor shall be available
for court appearances as required.
[Added 2-3-1992 by Ord. No. 1-92]
A.
Offices created. The offices of Municipal Engineer, Municipal Attorney,
Municipal Finance Officer and Chief Financial Officer are hereby created.
B.
Word usage. Where in this Code the term "Treasurer" is used, it shall
be deemed to be interchangeable with "Municipal Finance Officer" and
deemed to be the same person.
C.
Appointment of deputy officers; compensation. The Mayor shall have
the authority to appoint, with the advice and consent of the Council,
any deputy officer that may be determined necessary by the Mayor and
Council and which is provided for by law. The compensation for deputy
officers shall be fixed by the Council, subject to N.J.S.A. 40A:9-158.
D.
Appointment of Municipal Engineer; term. Pursuant to N.J.S.A. 40A:9-140,
the Municipal Engineer shall be appointed by the Mayor with the advice
and consent of the Council for a one-year term.
F.
Appointment. The appointment of each officer under this section shall
be made by the Mayor with the advice and consent of the Council. Any
deputies appointed pursuant to this section shall serve for a term
to be determined by the Mayor and Council, but in no event shall such
term be in excess of the term for which the deputy's superior may
be appointed.
G.
Qualifications.
(1)
No appointment made pursuant to this section shall be effective until
the appointee is qualified as provided by law or administrative regulations.
(2)
No appointment to any office which requires special training, certificates
of certification or the like required by law shall be made unless
the person so appointed shall have either exhibited such qualification
or shall be in the process of being qualified, provided that such
law, rule or regulation permits such appointment on an interim basis.
H.
Removal. No officer appointed under this section shall be removed
except upon a majority vote of the Mayor and Council following a hearing
before the Mayor and Council to determine whether just cause exists
for removal of such officer, which hearing shall comply with all requirements
of due process of law. Any official appointed to any office which
by law is granted tenure may be removed from such office but only
in accordance with applicable law.
[Added 5-3-1990 by Ord. No. 12-90 as Ch. 1, § 1-14B(13),
of the 1981 Code]
Except as specifically authorized and provided by the law of
the State of New Jersey, any position which is to be filled by appointment
shall be filled as follows:
A.
If by law of the State of New Jersey the Mayor of the Township of
Allamuchy shall have the sole discretion to fill such appointed positions,
the Mayor shall retain the sole and exclusive right to fill such positions.
B.
If by law of the State of New Jersey the Mayor of the Township of
Allamuchy shall have the right to fill such positions with the advice
and consent of the Township Council, no position shall be deemed to
have been duly filled by appointment by the Mayor of the Township
of Allamuchy unless and until, by resolution, the Township Council
of the Township of Allamuchy shall by majority vote have confirmed
such appointment.
C.
Where by law of the State of New Jersey it shall be optional as to
whether the Mayor or Township Council shall have the power to fill
positions authorized by law to be filled, the ordinances of the Township
of Allamuchy shall be deemed modified so as to provide that the Mayor
and Council have elected that all such positions shall be filled by
the Township Council by a vote of the majority thereof and shall not
be filled solely by the Mayor.
D.
All ordinances of the Code of the Township of Allamuchy shall be
modified when reference is made to appointments to certain positions
so as to conform to the policy established by this section for all
appointments within the Township of Allamuchy.
