The Township 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 by this article or otherwise
authorized pursuant to law, organized within departments, divisions,
offices, bureaus and agencies as herein provided.
A. Appointment and term. There shall be an Office of the Clerk, consisting
of the Municipal Clerk, a Deputy Municipal Clerk, and such other personnel
as may be required. The Clerk and Deputy Clerk shall be appointed
by the Council for a term of three years and shall receive such compensation
as shall be provided by ordinance. The Municipal Clerk shall, prior
to his/her appointment, have been qualified by training or experience
to perform the duties of the office.
B. Tenure.
(1) For the purposes of tenure, the term of a Municipal Clerk shall be
deemed to have begun as of the actual date upon which a person serving
as Municipal Clerk is appointed. In the event of a vacancy in the
office of Municipal Clerk, an appointment shall be made for a new
term and not for the unexpired term. A reappointment of an incumbent
Municipal Clerk made within 60 days following the expiration of the
prior term shall not be considered to be a new appointment and the
effective date of the reappointment shall date back to the date of
expiration of the initial term of appointment.
(2) The Council shall appoint a person to a three-year term as Municipal
Clerk within six months after the previous Municipal Clerk has resigned
or the office has otherwise become vacant.
(3) Should the office of the Municipal Clerk become vacant, the Council
may appoint a person to serve as acting Municipal Clerk for a period
of not more than six months.
C. Secretary of Council. The Municipal Clerk shall act as Secretary
to the Municipal Council, prepare meeting agendas at the discretion
of the Municipal Council, be present at all meetings of the Municipal
Council, keep a journal of the proceedings of every meeting, retain
the original copies of all ordinances and resolutions, and record
the minutes of every meeting. (S)He shall inscribe all ordinances
in the books to be provided for that purpose. After each ordinance
(s)he shall also inscribe and certify the proof of publication thereof,
as required by law. Each ordinance so inscribed shall be signed by
the Mayor and Clerk, who shall attest that it was duly adopted upon
a date stated, pursuant to law, and when so signed, the inscribed
copy shall be deemed to be a public record of the ordinance. Any omission
by the Clerk or Mayor to inscribe, 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 Township Attorney, the Clerk shall bind, compile
or codify all the ordinances and resolutions, or true copies thereof,
which then remain in force and effect. (S)He shall properly index
and record books, compilation or codification of ordinances or resolutions.
D. Secretary of municipal corporation. The Municipal Clerk shall act
as Secretary of the municipal corporation and custodian of the Municipal
Seal and of all minutes, books, deeds, bonds, contracts, and archival
records of the municipal corporation. The Municipal Council may, however,
provide by ordinance that any other specific officer shall have custody
of any specific other class of record.
E. Records manager. The Clerk shall serve as coordinator and records
manager responsible for implementing local archives and records retention
program as mandated pursuant to Title 47 of the Revised Statutes, except such as shall be committed by Charter or ordinance
to any other office or be transferred thereto by resolution of the
Council. (S)He 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/her custody under the corporate seal of the
Township.
F. Corporate seal. The Municipal Clerk shall cause the corporate Seal
of the Township 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/her office
or to certify any act or paper which from the records of his/her office
shall appear to have been a public act of the Township or a public
document. (S)He shall not affix the seal or permit it to be affixed
to any instrument or writing or other paper, except as in this section
provided, unless required to do so by law or ordinance.
G. Insurance surety bond and contracts. The Clerk shall be the depository
and custodian of:
(1) All official surety bonds furnished by or on account of any Township
office or officer or employee, except his/her own bond, which shall
be placed in the custody of the Township Treasurer.
(2) 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.
(3) All formal contracts for work, labor, services, supplies, equipment
and materials to which the Township may be a party.
(4) The Clerk shall also have custody of all leases of property owned
by the Township.
(5) The Clerk shall be the depository for and have custody of all performance
bonds running to the Township as obligee, and other forms of security
given by any contractor, subdivision developer or other persons on
account of work done or to be done in or for the Township.
H. 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 Municipal Clerk shall:
(1) Serve as the chief administrative officer in all elections in the
Township, serve as chief registrar of voters in the Township and perform
all the functions required of municipal clerks by the General Election
Law (Title 19 of the Revised Statutes) and any other law or ordinance, and receive the fees prescribed
therefor.
(2) Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or municipal ordinance has delegated
that responsibility to some other municipal officer.
(3) Perform such other duties as are now or hereafter imposed by statute,
regulation or ordinance.
I. Notice to attend meetings of Council. The Municipal Clerk shall issue
notices to the respective members of the Council and to all other
persons whose attendance may be required at any regular meetings of
the Council. Such notice shall be in accordance with a schedule which
the Clerk shall prepare in accordance with a resolution adopted by
the Council. 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 members of the Council and any other persons
whose presence may be required, no later than 48 hours prior to the
meeting.
J. Deputy Clerk. There is hereby created the position of Deputy Clerk.
(S)He shall be appointed by the Council and shall serve for a term
of three years. The duties of the Deputy Clerk shall be to act as
an assistant to the Clerk and to perform such duties in connection
with the Clerk's office as may be from time to time designated by
the Council. The Deputy Clerk shall have all the powers and perform
all the duties of the Municipal Clerk during such times and for such
specific periods as the Municipal Clerk shall be absent.
[Amended by Ord. No. 8-07]
A. Office created. There shall be an Office of the Municipal Tax Assessor,
consisting of the Tax Assessor and such other personnel as may be
required. The Tax Assessor shall be appointed by the Mayor with the
advice and consent of the Council for a term of four years. Vacancies
other than due to expiration of term shall be filled by appointment
for the unexpired term.
B. The Municipal Tax Assessor shall hold a tax assessor certificate
provided for in P.L. 1967, c. 44 (N.J.S.A. 54:1-35.25 et seq.).
C. Functions. The Office of the Township Tax Assessor shall:
(1) Value all real and personal property in the Township for the purposes
of assessments and taxation in accordance with general law, and exercise
all the powers, functions and duties of the Municipal Assessor pursuant
to law.
(2) Prepare the tax list in duplicate as required by law and maintain
adequate assessment records of each and every parcel of real property
assessed.
(3) Have custody of and maintain the current Township Tax Map and provide
for the recording thereon of all changes in ownership or character
of real property assessed.
(4) Make and be responsible for all appraisals of property for any Township
purpose, provided that the office may, with the approval of the Mayor,
and within the limits of available appropriations, retain outside
experts or appraisers whenever the public interest requires.
D. Board of Assessments.
(1) Within the Office of the Township Tax Assessor, there shall be a
Board of Assessments for the purpose of making special assessments
for local improvements.
(2) The Board shall consist of three members and shall be appointed by
the Mayor. The first such member shall be the Tax Assessor who shall
be a permanent member during his/her tenure of office. The other two
members shall be appointed for terms of two years, except as follows:
such two-year appointments shall be in alternate years so that neither
member's term expires in the same year. To accomplish this, the first
appointment of such other member under this section shall be for one
year, rather than two. The three-member Board shall have the power,
functions and duties and shall follow the procedures prescribed by
N.J.S.A. 40:56-1 et seq.
An Auditor shall be appointed by the Council for a term of one
year and until his/her successor has been appointed and qualified.
The Auditor of the Township shall be compensated by receiving reasonable
fees for services performed. The Township Auditor shall be a registered
municipal accountant and shall make an annual audit of the books,
accounts and financial transactions of the Township in accordance
with the provisions of Local Fiscal Affairs Law (N.J.S.A. 40A:5-1
et seq.). The Township Auditor shall also prepare and submit to the
Mayor, Business Administrator, and Council, at least quarterly interim
reports, assist the Business Administrator and Mayor in the preparation
of the budget, and perform such other services as may be requested
by the Mayor or the Council.
The Township Attorney shall be an attorney licensed to practice
law in the State of New Jersey. The Township Attorney shall be appointed
by the Mayor with the advice and consent of the Council, and shall
serve for a term of one year.
A. Compensation. The Township Attorney shall be compensated through
a retainer for general services and by an hourly rate for other matters
as set forth in an annual professional services agreement between
the Township Attorney and the Township.
B. Power to compromise. The Township Attorney may, with the approval
of the Council by resolution, be empowered to compromise, settle or
adjust any rights, claims, demands or causes of action in favor of
or against the Township or accept any offer of judgment in favor of
the Township. Nothing in this section shall operate to limit or abridge
the discretion of the Township Attorney in regard to the proper conduct
of the trial or any action or deprive him/her of the powers and privileges
ordinarily exercised in judicial proceedings by counsel acting for
private clients.
C. Expiration of term of office. Upon the expiration of his/her term
of office or his/her resignation or removal therefrom, the Township
Attorney shall surrender forthwith to the several Township officers
charged with the custody thereof all deeds, leases, conveyances, obligations,
bonds, contracts, agreements, reports and all other documents in his/her
hands belonging to the Township, and shall deliver to his/her successor
in office all legal papers and documents relating to the business
of the Township, together with a written consent of substitution of
his/her successor in all actions then pending and determined in which
the Township is a party.
An attorney licensed to practice law in New Jersey shall be
appointed Prosecutor by the Mayor with the advice and consent of the
Council, for a term of one year and until his/her successor has been
appointed and qualified. The Prosecutor shall receive such compensation
as provided by ordinance. The Prosecutor shall represent the Township
in matters tried in the local Municipal Court involving violations
of the ordinances of the Township, and/or state law which arise out
of summonses and complaints issued by a member of the Township or
State Police Department, and in matters where, in the discretion of
the judge of said court, the services of a Prosecutor are required.
The Prosecutor shall also appear in the local Municipal Court on behalf
of the Township in matters where his/her services are requested by
the Chief of Police or the Township Attorney. The Prosecutor shall
also appear on behalf of the Township in the Superior Court or any
other court of competent jurisdiction of this state where such appearance
is required by the rules governing the courts of the State of New
Jersey.
An attorney licensed to practice law in New Jersey shall be
appointed Public Defender, by the Mayor with the advice and consent
of Council, for a term of one year and until his/her successor has
been appointed and qualified. The Public Defender shall receive such
compensation as provided by ordinance. The Public Defender shall provide
legal representation when the Municipal Court Judge has determined
that the person charged in the local Municipal Court with the violation
of any law, ordinance or regulation is indigent and is facing a term
of imprisonment or any other consequence of magnitude.
There shall be such other agencies and boards, judicial, legislative,
advisory and independent agencies and offices of the Township government
as are hereinafter established.
The following administrative departments are hereby established:
A. Department of Administration.
B. Department of Revenue and Finance.
C. Department of Public Safety.
D. Department of Public Works.
E. Department of Community Development.
F. Department of Health and Social Services.
A. Directors shall devote full time, as and when required, for the proper
and efficient discharge of the duties of their office.
B. Directors shall, under the supervision of the Business Administrator:
(1) Prescribe the internal organization of the department and the duties
of subordinate officers and employees within the department.
(2) Assign functions, powers and duties to subordinate officers and employees
within the department, and modify such assignments as need appears.
(3) Supervise the work of the department through the divisions established
by the administrative code and such other organization units as the
head of the department may find necessary or desirable, and supervise
and direct the work of the employees of the department, subject to
the provisions of the Charter, this code, or other general law, appoint
subordinate officers and employees within their respective departments
and, with the approval of the Mayor, remove such officers and employees.
(4) Delegate to division heads such of his/her powers as (s)he may deem
necessary for efficient administration.
(5) Report at least annually to the Mayor and Council, in such form as
shall be approved by the Business Administrator, on the work of the
department during the preceding year.
Each department shall be headed by a director 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/her, and until the appointment and qualification of his/her successor.
In the absence of a specific appointment of a department director,
the Business Administrator shall serve as the director of that department,
without additional compensation. A director may serve as a division
head, and a division head may serve as a bureau head, without additional
compensation. The department head shall appoint all subordinate officers
and employees within the respective departments and may, with the
approval of the Mayor, remove such officers and employees.
[Amended by Ord. No. 19-09]
A. Whenever a vacancy exists by resignation, removal or otherwise, in
the office of a director of any department, the Mayor may temporarily
fill such vacancy in cases not specifically provided for in the Charter,
this code or ordinance, by appointing an acting director from among
the existing officers and employees of such department, 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.
B. The Mayor may also appoint on an annual basis, with the advice and
consent of the Council, a temporary director who will perform the
duties of the director on a part-time basis in conjunction with his
other duties and responsibilities. Each appointment shall be for a
term to conclude at the end of the calendar year. The term shall be
for one year or until a Director of Public Works is appointed, whichever
is sooner.
Whenever a vacancy exists in the office of head of any departmental
division by resignation, removal, disability or otherwise, the director
of the department may fill such vacancy temporarily by appointing
an acting head of such division, who shall have and perform all the
functions, powers and duties of such division until the office shall
be filled permanently.
No rule or regulation made by any department, officer, agency
or authority of the municipality, except such as relates to the organization
or internal management of the municipal government or a part thereof,
shall take effect until it is filed with the Municipal Clerk. The
Council shall provide for the prompt publication of such rules and
regulations.
The Mayor, in consultation with the Business Administrator,
shall, subject to 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 Township, within the ranges established by ordinance,
except that the salary, wages or other compensation paid the director
of each department shall be fixed by the Council by ordinance, and
except that salaries of officers which are required by law to be fixed
by ordinance shall be fixed by ordinance.
No officer or employee of the Township shall be interested directly
or indirectly in any contract or job for work or materials, or the
profits thereof, to be furnished or performed for the municipality,
and no such officer or employee shall be interested directly or indirectly
in any contract or job for work or materials or the profits thereof
to be furnished or performed for any person operating any public utility
within the territorial limits of the Township.