A director may serve as a division head and a division head
may serve as a bureau head without additional compensation. Department
heads, except as provided otherwise herein, shall devote full time
in the efficient discharge of the duties of their respective offices.
The Mayor may appoint the Business Administrator to act as the director
of one or more departments without additional compensation.
The following shall apply:
A. No officer or employee elected or appointed in the Borough shall
be interested, directly or indirectly, in any contract with the Borough
or in the compensation for work done or for materials or supplies
furnished to the Borough or to any contractor or other person furnishing
the same to the Borough; nor shall be participate in any profits of
such contractor or other person or receive any compensation, commission,
gift or other reward for his services except the salary or fees established
by law or by ordinance or resolution of the Borough Council or as
provided in N.J.S.A. 40:69A-163.
B. No officer or employee elected or appointed in the Borough shall
accept or solicit anything of value as consideration for or in connection
with the discharge of his official duties other than the fee or compensation
prescribed pursuant to law.
C. Any officer or employee who violates any provision of this section
or of any statute or ordinance relating to conflict of interest shall
be deemed guilty of misconduct in office and liable to removal from
office therefor. Any officer or employee who shall knowingly permit
any provision of this section to be violated by any of his subordinates
shall also be guilty of misconduct in office and liable to removal
therefor.
Upon the termination of the term of office or the employment
of any officer or employee, such officer or employee shall forthwith
deliver to his successor, or if there be no successor, to the Clerk
or other person who may be designated by the Council to receive the
same, all monies, papers, books, memoranda, accounts and any data
of any nature whatever pertaining to his office. In addition to any
other penalty provided by law, any person who shall violate the requirements
of this section may be adjudged a disorderly person.
Pursuant to the Charter N.J.S.A. 40:69A-37 and 43:
A. The Mayor may in his discretion remove any department head after
notice and an opportunity to be heard. Prior to removing a department
head, the Mayor shall first file written notice of his intention with
the Council. Such removal shall become effective on the 20th day after
filing of such notice unless the Council shall prior thereto have
adopted a resolution by a two-thirds vote of the whole number of the
Council disapproving the removal.
B. The Council may for cause remove any Borough officer other than the
Mayor or a member of Council, upon notice and opportunity to be heard.
C. The Council shall consider notices under Subsection
A above and motions under Subsection
B above, only after notice, and an opportunity to be heard, to the affected officer. The Clerk shall forthwith cause a copy of the notice or motion, as the case may be, together with a statement of the charges involved and notice of the time and place fixed for hearing to be served personally or by registered mail upon the officer affected. A hearing shall be held not less than 10 days nor more than 15 days after date of such service. Such hearing shall be open to the public or closed, as decided by the individuals.
D. Pursuant to the Charter, Council may veto a removal under Subsection
A above by a two-thirds vote of the Councilmen and may adopt or defeat a motion under Subsection
B above by a majority vote of the Councilmen.
Pursuant to the Charter, N.J.S.A. 40:69A-37, the Council may,
in its discretion, require any Borough officer to prepare and submit
sworn statements regarding his official duties and the performance
thereof. The Council may otherwise investigate the conduct of any
department office or agency of the Borough government and may employ
or request any assistance as required.
[Amended 10-5-2015 by Ord. No. 2015-11]
Public office hours shall be from 8:30 a.m. to 4:30 p.m. prevailing
time, Monday through Friday.
The Council shall cause to be made an annual audit of the Borough's
accounts and financial transactions as required by law. Such annual
audit shall be made by a registered municipal account of New Jersey,
selected by the Council.
No Borough employee shall directly or indirectly use or seek
to use his authority or official influence to control or modify the
political action of another person or, during the hours of duty, engage
in any political activity or actively participate in political activities
or campaigns with respect to any candidate for elective office in
the Borough government, except that nothing in this section shall
be construed to prevent employees from becoming, or continuing to
be, members of any political party, club or organization or from attending
political meetings.