The Borough government shall consist of the Mayor, who shall
be the Chief Executive Officer, and the Council and such appointive
officers and employees as are provided for by this article or otherwise
authorized pursuant to law, organized within departments, offices
and agencies. Subject to applicable civil service rules and regulations,
department heads shall appoint subordinate officers and employees
within their respective departments and may, with the approval of
the Mayor, remove such officers and employees.
A.
Powers and duties. The Mayor shall:
(1)
Enforce the Charter and ordinances of the municipality and all general
laws applicable thereto.
(2)
Report annually to the Council and to the public on the state of
the municipality, and the work of the previous year, and also recommend
to the Council whatever action or programs the Mayor deems necessary
for the improvement of the municipality and the welfare of its residents.
The Mayor may from time to time recommend any action or programs the
Mayor deems necessary or desirable for the municipality to undertake.
(3)
Supervise, direct and control all departments of the municipal government
and shall require each department to make an annual and such other
reports on its work as the Mayor may deem desirable.
(4)
Require such reports and examine such accounts, records and operations
of any board, commission or other agency of municipal government as
the Mayor deems necessary.
(5)
Prepare and submit to the Council for its consideration and adoption
an annual operating budget and a capital budget, establish the schedules
and procedures to be followed by all municipal departments, offices
and agencies in connection therewith, and supervise and administer
all phases of the budgetary process.
(6)
Supervise the care and custody of all municipal property, institutions
and agencies and make recommendations concerning the nature and location
of municipal improvements and execute improvements determined by the
governing body.
(7)
Sign all contracts, bonds or other instruments requiring the consent
of the municipality.
(8)
Review, analyze and forecast trends of municipal services and finances
and programs of all boards, commissions, agencies and other municipal
bodies, and report and recommend thereon to the Council.
(9)
Supervise the development, installation and maintenance of centralized
budgeting, personnel and purchasing procedures as may be authorized
by ordinance.
(10)
Negotiate contracts for the municipality, subject to Council approval.
(11)
Assure that all terms and conditions imposed in favor of the municipality
or its inhabitants in any statute, franchise or other contract are
faithfully kept and performed.
(12)
Serve as an ex officio, non-voting member of all appointive bodies
in municipal government of which the Mayor is not an official voting
member.
B.
In addition to the powers and duties hereinabove provided, the Mayor
or his designee shall perform the following additional duties and
responsibility:
(1)
Inquire into, survey and publicize the extent, advantages and utility
of the vacant lands of the Borough, whether municipality owned or
otherwise.
C.
Acting Mayor. The Mayor shall designate the Borough Administrator,
any other department head or the Borough Clerk to act as Mayor whenever
the Mayor shall be prevented, by absence from the municipality, disability
or other cause, from attending to the duties of his office. During
such time, the person so designated by the Mayor shall possess all
the rights, powers and duties of the Mayor. Whenever the Mayor shall
have been unable to attend to the duties of his office for a period
of 60 consecutive days for any of the above-stated reasons, an Acting
Mayor shall be appointed by the Council, who shall succeed to all
the rights, powers and duties of the Mayor or then Acting Mayor.
D.
Delegation of powers. The Mayor may delegate to the Borough Administrator
any functions, powers or duties conferred upon the Mayor which are
not required by Charter or general law to be performed or discharged
personally by the Mayor.
E.
Compensation. The compensation range for the Mayor shall be as set
forth by ordinance. The specific compensation of the Mayor for any
given year shall be as set forth by resolution of the Council to be
paid as all other salaries are paid.
F.
In any municipality adopting the Mayor-Council plan of government,
the Municipal Council shall deal with employees of the Department
of Administration and other administrative departments solely through
the Mayor or the Mayor's designee. All contact with the employees
and all actions and communications concerning the administration of
the government and the provision of municipal services shall be through
the Mayor or the Mayor's designee, except as otherwise provided by
law.
A.
The part-time Confidential Aide to the Mayor shall, under direction,
act as a personal aide and liaison between the Mayor and the public
and/or various governmental agencies and shall assist him by performing
varied responsible administrative duties, some of which may be of
a confidential nature and/or involve elements of troubleshooting.
B.
Examples of work. The part-time Confidential Aide shall:
(1)
Collect and analyze data needed as a basis for administrative decisions.
(2)
Prepare correspondence, reports and recommendations for review and
signature of the Mayor, some of which may be of a complex and confidential
nature.
(3)
Interview callers at the office.
(4)
Act as liaison between the Mayor and public and provide information
to those requesting it.
(5)
Gather information for the Mayor.
(6)
Maintain confidential, personal correspondence and other records
and files.
C.
Requirements shall be as follows:
(1)
Three years of supervisory experience in planning, promoting, organizing
and/or administering a comprehensive program in a public or private
organization.
(2)
The ability to organize assigned tasks; to prepare detailed correspondence;
to prepare clear, sound, accurate and informative reports; and to
maintain essential records and files.
(3)
Good health and freedom from disabling physical and mental defects
which would impair the proper performance of the required duties or
which might endanger the health and safety of oneself or others.
A.
The position of Confidential Secretary to the Mayor and Borough Administrator
of the Borough of Lincoln Park is hereby created, and the employment
of a person to fill such position on a temporary or permanent basis
is hereby authorized.
B.
Appointment. The Confidential Secretary to the Mayor and Borough
Administrator shall be appointed by the Mayor.
C.
Term of employment. The term of employment of the Confidential Secretary
to the Mayor and Borough Administrator shall be at the pleasure of
the Mayor.
D.
Compensation. The compensation for the Confidential Secretary to
the Mayor and Borough Administrator shall be as set forth in the Mayor's
Salary Memorandum.
E.
Job description. The Confidential Secretary to the Mayor and Borough
Administrator shall be capable of taking dictation or using dictating
or transcribing equipment; type all correspondence, reports and such
financial data as may be required; perform telephone and office reception
services; make appointments; keep files and account records as may
be required; and assist the Mayor and Borough Administrator in performing
secretarial, clerical and stenographic services in carrying out their
administrative functions and duties.
F.
Qualifications. The Confidential Secretary to the Mayor and Borough
Administrator shall be a high school graduate having at least five
years' experience in stenographic and clerical work, including at
least one year as an executive secretary, and evidence considerable
knowledge of office procedure. The Confidential Secretary shall be
of good health and free from disabling physical and mental defects.
It shall not be necessary that the Confidential Secretary to the Mayor
and Borough Administrator be a resident of the Borough of Lincoln
Park.
G.
Duties of the Confidential Secretary. The Confidential Secretary
to the Mayor and Borough Administrator shall perform the secretarial,
clerical and stenographic duties and responsibilities attendant to
the operation of the office of the Mayor and Borough Administrator
and perform such other duties as may be assigned from time to time
by the Mayor and Borough Administrator.
A.
Appointment; term of office. A Borough Attorney shall be appointed
by the Mayor, with the advice and consent of the Council, for the
term of one year and until his successor has been appointed and qualified.
B.
Compensation. The Borough Attorney's compensation shall be set by
the Council.
C.
Duties.
(1)
The Borough Attorney shall:
(a)
Serve as legal advisor to the Mayor, Council, Borough Administrator
and department heads on all matters of Borough business.
(b)
Attend meetings of the Council, including regular, special and
conference meetings.
(c)
Examine and approve as to form and sufficiency all performance
bonds, insurance certificates and maintenance bonds submitted by contractors
as required by the Borough.
(e)
Review and approve all contracts, deeds, documents and instruments
prior to acceptance by the Borough.
(f)
Prosecute and defend actions and proceedings by and against
the municipality.
(g)
Conduct appeals from orders, decisions or judgments affecting
any interest of the municipality as directed by the Mayor or the Council.
(h)
Have such other and different functions, powers and duties as
may be provided by law.
(i)
Represent the Borough for matters tried in the local Municipal
Court.
(2)
The Borough Attorney may, with the approval of the Mayor and Council,
be empowered to compromise, settle or adjust any rights, claims, demands
or causes of action in favor of or against the Borough.
D.
Special counsel. The Borough Attorney is authorized, with approval
of the Mayor, within the available appropriations, to employ additional
counsel to assist him in performing the services required of the Borough
Attorney.
A.
There shall be an Office of the Municipal Prosecutor, the head of
which shall be designated as the "Municipal Prosecutor for the Borough
of Lincoln Park," who shall be admitted to practice law in the State
of New Jersey and shall have the qualifications as required by law.
B.
The Municipal Prosecutor shall be appointed by the Mayor and shall
serve for a term of one year and until his successor is appointed
and qualified.
C.
The Municipal Prosecutor shall represent the State of New Jersey
and the Borough of Lincoln Park in all matters prosecuted by police
officers and designated enforcement officials of the Borough of Lincoln
Park, or other matters specifically assigned to the Municipal Prosecutor
by order of the Judge of the Municipal Court or other court of competent
jurisdiction, within the jurisdiction of the Municipal Court of the
Borough of Lincoln Park.
D.
The Municipal Prosecutor, with the consent of the Borough Attorney,
shall represent the Borough of Lincoln Park in all appeals from the
Lincoln Park Municipal Court relating to violations of Borough ordinances
only.
E.
Compensation. The compensation for the Municipal Prosecutor shall
be as set forth in the Mayor's Salary Memorandum.
An Auditor shall be appointed by the Council for a term of one
year and until his successor has been appointed and qualified. The
Auditor's compensation shall be set by Council. He shall be a registered
municipal accountant and shall make an annual audit of the books,
accounts and financial transactions of the Borough in accordance with
the provisions of the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et
seq. The Borough Auditor shall perform such other services as may
be requested by the Mayor or Council.
The Mayor shall, with the advice and consent of the Council,
appoint the Borough Assessor. The compensation range for the Assessor
shall be as set forth by ordinance. The specific compensation of the
Assessor for any given year shall be as set forth by resolution of
the Council. The Assessor shall be responsible to:
A.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a Municipal Assessor.
B.
Make assessments for benefits for local improvements and, for that
purpose, have and exercise the powers and duties of a board of assessments
for local improvement as provided by law.
C.
Prepare the tax lists and duplicates as required by law and maintain
adequate assessment records of each and every parcel of real property
assessed or exempted.
D.
Have custody of and maintain an up-to-date Borough Tax Map and provide
for the recording thereon of all changes in ownership or character
of property assessed.
E.
Make appraisals of property for any Borough purpose upon the direction
of the Treasurer.
F.
Perform such other duties as prescribed by the Treasurer, Mayor or
Borough Administrator.
The Borough Clerk shall be appointed by the Council. The compensation
range for the Borough Clerk shall be as set forth by ordinance. The
specific compensation for the Borough Clerk for any given year shall
be as set forth by resolution of the Council. The Borough Clerk shall
serve as Clerk of the Borough Council and shall keep a journal of
the proceedings of the Council and shall engross all ordinances and
all resolutions of a permanent character in books to be provided for
that purpose. After each ordinance, the Borough Clerk shall also engross
and certify the proof of publication thereof as required by law. Each
ordinance and resolution so engrossed shall be signed by the presiding
officer of the Council and the Clerk, who shall attest that it was
duly adopted upon a date stated, to be public record of the ordinance
or resolution. Any omission by the Clerk or presiding officer of the
Council to engross, sign or certify as herein required shall not impair
or affect the validity of any ordinance which has been duly adopted.
At the close of each year, with the advice and the assistance of the
Borough Attorney, the Clerk shall bind, compile or codify all the
ordinances and resolutions or true copies thereof which then remain
in force and effect. The Borough Clerk shall also properly index the
record books, compilation or codification of ordinances or resolutions.
A.
Custodian of records. The Clerk shall have custody of and safely
keep all the records, books and documents of the Borough, except such
as shall be committed by Charter or ordinance to any other office
or be transferred thereto by resolution of the Council. The Clerk
shall, upon request and upon the payment of fees prescribed therefor,
by resolution of the Council, furnish a certified copy of any such
paper in his custody under the Corporate Seal of the Borough.
B.
Corporate Seal. The Borough Clerk shall cause the Corporate Seal
of the Borough to be affixed to any instruments and writings when
authorized to do so by any ordinance or resolution of the Council
or when necessary to exemplify any document on record in his office
or to certify any act on paper which, from the records of his office,
shall appear to have been a public act of the Borough or a public
document. The Clerk shall not affix the Seal or permit it to be affixed
to any instrument or writing or other paper, except as in this subsection.
C.
Insurance surety bond and contracts. The Clerk shall be the depository
and custodian of all official surety bonds furnished by or on account
of any Borough office, officer, or employee, except his own bond,
which shall be placed in the custody of the Borough Treasurer, who
shall also be known as the Director of Finance, or all formal contracts
for work, labor, services, supplies, equipment and materials to which
the Borough may be a party. The Clerk shall also have custody of all
leases of property owned by the Borough. The Clerk shall be the depository
for and have custody of all performance bonds running to the Borough
as obligee and other forms of non-cash security given by any contractor,
subdivision developer or other persons on account of work done or
to be done in or for the Borough.[1]
D.
Administration of certain laws and ordinances. In addition to such
other functions, powers and duties as may be prescribed by the Charter
and ordinances, the Borough Clerk shall:
(1)
Perform all the functions required of municipal clerks by the General
Election Law, N.J.S.A. 19:1-1 et seq., and any other law or ordinance
and receive the fees prescribed therefor.
(2)
Issue such licenses as may be authorized by the Council pursuant
to the State Alcoholic Beverage Control Law, N.J.S.A. 33:1-1 et seq.,
and the ordinances.
(3)
Perform such functions as are vested in the Municipal Clerk by state
law and ordinances relating to sign and raffle licensing.
(4)
Issue certificates as to approval of land subdivision by the Borough
Planning Board or the Council pursuant to the State Municipal Land
Use Law, N.J.S.A. 40:55D-56.
(5)
Have such other and additional functions, powers and duties as may
be prescribed by law or ordinance.
E.
Notice to attend meetings of Council. The Borough Clerk shall issue
notices to the respective members of the Council, the Mayor and to
all other persons whose attendance may be required at any regular
meeting of the Council. Such notice shall be in accordance with the
schedule which the Clerk shall prepare on the first day of January
for the ensuing year. The Clerk shall, whenever a special meeting
of the Council is called in accordance with the law, issue and cause
notices thereof to be served upon the Mayor and members of the Council
and any other persons whose presence may be required.
B.
The Deputy Borough Clerk shall assist the Borough Clerk in the performance
of the duties of Borough Clerk. In the absence of the Borough Clerk,
the Deputy Borough Clerk shall perform the duties of the Borough Clerk.
C.
Term of office of the Deputy Borough Clerk shall be for a period
of five years. The term shall commence on January 1 of the year in
which the appointment is made. The Deputy Borough Clerk shall hold
office for the duration of the term thereof and until his successor
shall have been appointed and qualified.
D.
The compensation range of the Deputy Borough Clerk shall be as set
forth by ordinance. The specific compensation of the Deputy Borough
Clerk for any given year shall be as set forth by resolution of the
Council.
A.
B.
All of the
administrative functions, powers and duties of the Borough, other
than those vested in the offices of the Borough Clerk and the Borough
Tax Assessor, shall be allocated and assigned among and within such
departments.
C.
All departments
of the Borough, as well as the offices of the Borough Clerk and Municipal
Court, shall prepare and submit an annual budget and such periodic
reports, accounting controls, central purchasing practices, personnel
procedures and regulations, and central data processing services as
may be required by the Borough.[3]
D.
Each department
shall be headed by a director or department head, who shall be appointed
by the Mayor with the advice and consent of the Council. Each department
head shall serve during the term of office of the Mayor appointing
him and until the appointment and qualification of his successor.
E.
The Mayor
may, in his discretion, remove any department head after notice and
an opportunity to be heard. Prior to removal, the Mayor shall first
file written notice of his intention with the Council, and such removal
shall become effective on the 20th day after the 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.
F.
The Mayor
shall, subject to any pertinent civil service requirements and any
pertinent contractual obligations, and within the general limits of
the municipal budget, fix the amount of salary, wages or other compensation
to be paid to employees of the administrative departments of the municipal
government, except that the salary, wages or other compensation paid
the director of each department shall be fixed by Council pursuant
to Subsection c of Section 17-31 of P.L. 1950, c. 210 (N.J.S.A. 40:69A-180),
and except that salaries of officers which are required by law to
be fixed by ordinance shall be fixed by ordinance.
There shall be such other agencies and boards, judicial, legislative,
advisory and independent agencies and offices of the Borough government
as are hereinafter established.
