A.
As heretofore specified, the following departments are created by
the Administrative Code, to function in accordance with the Charter:
[Amended 12-23-1980 by Ord. No. 29-1980; 9-25-1990 by Ord. No.
40-90]
(1)
The Department of Administration.
(2)
The Department of Engineering and Public Works.
(3)
The Department of Health, Welfare and Sanitation.
(4)
The Department of Planning, Zoning and Code Enforcement.
(5)
The Department of Buildings and Grounds, Parks and Recreation.
(6)
The Department of Budget and Financial Operations.
(7)
The Department of Police.
(8)
The Department of Fire and Emergency Management.
(9)
The Department of Water and Sewers.
B.
Under the direction and supervision of the Mayor and the Business
Administrator, each department shall have, exercise and discharge
such functions, powers and duties as may be provided by the Charter
or by any ordinance with respect to the functions, powers or duties
allocated and assigned to the department.
C.
The head of each department shall be a Director appointed by the
Mayor, with the advice and consent of the Council.
D.
A Director may serve as a division head without additional compensation.
E.
The Business Administrator may serve as a Director or Acting Director
of any department or departments, but without additional compensation.
F.
The Mayor shall have the power to assign and reassign, transfer and
retransfer, from time to time, either temporarily or permanently,
any property or personnel from one administrative unit to another
as the management of the Township government may require, subject
to the express requirements of the Charter and other applicable general
laws and ordinances of the Township.
G.
The Business Administrator shall be subject to the supervision and
direction of the Mayor in the performance of all of his functions
and duties under this code, the Charter and other applicable laws.
In addition to the enumerated duties of all departments, divisions,
officers and employees as set forth in this code, each such department,
division, officer and employee shall have those additional duties
as are directed by the Mayor or the Council which are generally consistent
with their enumerated duties or which are functions usually performed
by such departments, divisions, officers or employees.
Whenever a vacancy exists in the office of head of any division
by resignation, removal, disability or otherwise, the Director of
the department may fill such vacancies temporarily by appointing an
acting head of such division, who shall have the powers and duties
and perform all the functions of such division head until the office
shall be filled permanently. Such appointment shall be for a maximum
period of 180 days, and all such appointments shall be with the prior
approval of the Mayor.
The bonding of municipal officers and employees shall be the
responsibility of the office of the Mayor, in accordance with all
applicable statutes and insurance regulations.
A.
All the books, maps, papers, accounts, statements, vouchers and other
documents whatsoever acquired or produced in any department shall
be carefully and conveniently filed, kept and preserved and shall
be and remain the sole property of the municipality and shall not
at any time be removed from the offices of such department, except
when required for use in official business, and shall then be returned
to such office without delay. Each department head shall be responsible
for enforcing the requirement of this section in his department. This
section shall be subject to the provisions of the Destruction of Public
Records Law (1953) (Chapter 410 of the Laws of 1953).[2]
[2]
Editor's Note: See N.J.S.A. 47:3-15 et seq.
B.
All public documents and records shall, during usual office hours, be open to public search, inspection and examination, subject to and within the limitations prescribed by law; and provided that such search, inspection and examination may be made under such reasonable regulations as the officer having custody of such records, books and documents shall establish for the safety and preservation thereof. Said regulations shall be in writing on file pursuant to § 5-100 of this code and shall be a public record subject to examination without limitation during usual business hours.
Upon the termination of the term of office or the employment
of any officer or employee, he shall forthwith deliver to his successor
or, if there is no successor, to the Clerk or other person who may
be designated by the Council to receive the same all moneys, papers,
books, memoranda, accounts and data of any nature whatever pertaining
to his office.
The public, administrative and executive business offices shall
be open for the transaction of public business daily, except Saturdays
and Sundays and legal holidays, between such hours as the Mayor may
prescribe with the approval of the Council, except as otherwise provided
by law. All departments, in times of emergency, shall provide municipal
services for 24 hours a day. The Mayor, the Business Administrator
or a department head may require any officer or employee to be in
attendance for work on any day or days during such hours as may be
required whenever he determines that a public exigency or emergency
so requires.
[Amended 1-22-1974 by Ord. No. 1-74]
An independent Township Auditor shall be appointed by the Council
for a term of two years, commencing January 1 of the year of his appointment
and until his successor is appointed and qualified. He shall receive
such compensation as may be agreed upon and determined by the Council.
The qualifications, functions, powers and duties of the Township Auditor
shall be as prescribed for Municipal Auditors by general law. He shall
also perform such other duties and provide such other services as
may from time to time be requested of him by the Council.[1]
[1]
Editor's Note: Original §§ 4-87 through 4-89 of the 1990 Code, regarding political activities, conflicts of interest and acceptance of free services, which immediately followed this section, were repealed 5-7-1991 by Ord. No. 11-91. For current related provisions, see Ch. 15, Art. XIII, Ethical Standards Board.
No candidate for office, appointment or employment and no officer,
appointee or employee in the Township shall, directly or indirectly,
give or promise any person any office, position, employment, benefit
or anything of value for the purpose of influencing or obtaining the
political support, aid or vote of any person, under the penalty of
being disqualified to hold the office or employment to which he may
be or may have been elected or appointed (N.J.S.A. 40:69A-165).
[Amended 9-25-1990 by Ord. No. 40-90]
Any person convicted of a crime or offense involving moral turpitude shall be ineligible to assume any Township office, position or employment in this Township and, upon conviction thereof while in office, shall forfeit his office; provided, however, that any person convicted of such an offense who has achieved a degree of rehabilitation which, in the opinion of the appointing authority, indicates that his employment would not be incompatible with the welfare of society and the aims and objectives of the governmental agency may be considered eligible to apply for employment or be continued in employment. Any person who shall violate any of the provisions of §§ 4-87, 4-88 and 4-89 of this article[1] shall, upon conviction thereof in a court of competent
jurisdiction, forfeit his office (N.J.S.A. 40:69A-166).[2]
If any person hereafter elected or appointed to any office or
position in this Township shall, after lawful notice or process, willfully
refuse or fail to appear before any court, any legislative committee
or the governor or, having appeared, shall refuse to testify or to
answer any question regarding the property, government or affairs
of the municipality or regarding his nomination, election, appointment
or official conduct on the ground that his answer would tend to incriminate
him or shall refuse to waive immunity from prosecution on account
of any such matter in relation to which he may be asked to testify,
he may be removed from office by the governing body of the municipality
in its discretion. Any person removed from office pursuant to this
section shall not thereafter be eligible for election or appointment
to any office or employment in this Township (N.J.S.A. 40:69A-167).
A.
The Township Attorney shall disqualify himself from representing
or advising the Township in any matter in which said professional
or firm with which he is associated represents any of the persons,
firms or corporations doing business with the Township. The Mayor
and Council shall be advised forthwith about any such disqualification.
Said Attorney representing or retained by the Township and the firm
with which he is associated shall not represent any person, firm or
corporation in connection with any dealings with the Mount Olive Township
government or any of the Township's boards, agencies, departments
or employees. In the case of any such disqualification by the Township
Attorney, the Council shall appoint a substitute attorney to represent
the Township for the matter or matters for which said Attorney has
disqualified himself. Any such disqualification shall not affect the
Township Attorney's duty to continue to represent the Township in
all other matters contemplated by his employer or retainer.
B.
The Township Engineer or the firm with which he is associated shall
not represent any person in any dealings with the Mount Olive Township
government or any of the Township's boards, agencies, departments
or employees. The Township Engineer shall forthwith advise the Mayor
and Council and the Planning Board, when appropriate, of any case
or cases in which said Township Engineer or the firm with which he
is associated represents any person outside of Mount Olive Township
when such person also has an application or matter pending before
the Township or any board, agency, department or employee thereof.
Each department head shall appoint subordinate officers and
employees within the respective departments and may, with approval
of the Mayor, remove such officers and employees subject to the provisions
of applicable general law; provided, however, that the Council may
provide by ordinance for the appointment and removal of specific boards
or commissions by the Mayor.
The Business Administrator shall establish, subject to approval
of the Mayor, a written procedure for review and adjustment of employee
grievances consistent with all relevant constitutional and statutory
requirements, a copy of which shall be made available to all employees,
including department and division heads.
[Amended 9-25-1990 by Ord. No. 40-90]
A.
The Mayor may, in his discretion, remove any department head and,
subject to any general provisions of law concerning term of office
or tenure, any other municipal executive officer who is not a subordinate
departmental officer or employee, 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.
B.
The Council may, for cause and by at least a two-thirds vote of the
whole number of the Council, remove any municipal officer other than
the Mayor or a member of the Council, upon notice and an opportunity
to be heard.
Pursuant to the Charter (N.J.S.A. 40:69A-37), the Council may,
in its discretion, require any municipal officer to prepare and submit
sworn statements regarding his official duties and the performance
thereof; and the Council may otherwise investigate the conduct of
any department, office or agency of the municipal government.
No order, rule or regulation made by any department and affecting
any other department shall, except upon written approval of the Mayor,
take effect until at least 10 days after it is filed with the Business
Administrator. This limitation of time shall not apply, however, to
any order, rule or regulation which relates solely to the organization
or internal management of the department and does not affect any other
department. The Business Administrator shall maintain a docket of
all orders, rules and regulations filed in his office, which docket
shall show the name of the issuing department, a brief description
of the subject matter and the date of filing. At the close of each
year, the Business Administrator shall, with the advice and assistance
of the Township Attorney, compile, classify and bind all of the orders,
rules and regulations which then remain in force and effect. The Business
Administrator may arrange for the printing or duplicating of such
compilation within the limits of available appropriations.
The administrative functions, powers and duties of statutory
boards, commissions and other agencies of the Township government
shall be subject to the supervision of the Mayor and the Business
Administrator, except as otherwise specifically required by the Charter,
code or other statutory law, and for this purpose such bodies are
allocated and assigned to the office of the Mayor.
