[1971 Code § 3-9]
The Township Government shall consist of the Mayor, who shall
be the chief executive officer, and 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
as herein provided.
[1971 Code § 3-9A; Ord. No. 11-21-78; Ord. No. 9-6-83; Ord. No. 96-17 § 1; Ord. No. 11-10; Ord. No. 12-05]
[1971 Code § 3-9B; Ord. No. 3-7-72; Ord. No. 6-5-80; Ord. No. 98-2 §§ 1, 2; Ord. No. O-13-07, § 1; Ord. No. O-19-17, § 1]
A Township Attorney shall be appointed 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. A Township Attorney
serving as a holdover shall be paid based upon his/her contract previously
approved. The Council shall take no action by way of failing to approve
any resolution allowing payment of the Township Attorney during any
regular or holdover term.
A.
Duties and compensation. The Township Attorney shall be licensed
to practice law in the State of New Jersey and shall provide legal
services to the Township. He shall perform all legal services authorized
by the Mayor or Council and required for the Township pursuant to
an annual agreement approved by resolution. The Township Attorney
shall submit itemized bills to the Township on a monthly basis for
all professional services rendered, and shall be paid for all professional
services at an hourly rate as set forth in the annual agreement. In
addition, all disbursements incurred by the Township Attorney shall
be included in the monthly, itemized bill. "Disbursements" are defined
as any out-of-pocket expenses incurred by the Township Attorney in
connection with the provision of legal services to the Township.
B.
Power to compromise. The Township Attorney may, with the approval
of Mayor and Council, be empowered to compromise, settle or adjust
any rights, claims, demands or causes of action in favor or against
the Township.
C.
Conflicts Counsel. A Conflicts Counsel shall be appointed by the Mayor with the advice and consent of the Council for a term of one year, and shall serve until a successor has been appointed and qualified. Conflicts Counsel shall assume the responsibility of the Township Attorney as to any matter or issue in connection with which the Township Attorney has determined, in his/her sole discretion, that a conflict may exist that warrants the Township Attorney's voluntary recusal in connection with the matter or issue. Conflicts Counsel shall comply with the requirements of § 2-6.3A of Article V.
D.
Special counsel. The Township 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 Township
Attorney.
E.
Expiration of term of office. Upon the expiration of his term of
office or his 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
hands belonging to the Township, and shall deliver to his successor
in office all legal papers and documents relating to the business
of the Township, together with a written consent of substitution of
his successor in all actions then pending and determined in which
the Township is a party.
F.
Prosecutor. A Municipal Prosecutor shall be appointed at the discretion
of the Mayor with the advice and consent of the Council for a term
of one year and until his successor has been appointed and qualified.
The Municipal Prosecutor shall receive such compensation as provided
in an annual agreement approved by resolution. The Municipal Prosecutor
shall represent the Township for all matters tried in the Rockaway
Township Municipal Court. The Mayor, with the advice and consent of
the Council, may appoint additional or alternate Municipal Prosecutors
under the same terms and conditions, as same may be required for the
proper and orderly administration of the Court. Any Municipal Prosecutor
shall be licensed to practice law in the State of New Jersey.
G.
Public Defender. A Municipal Public Defender shall be appointed by
the Mayor with the advice and consent of the Council for a term of
one year, and until his successor has been appointed and qualified.
The Mayor may appoint, with the advice and consent of the Council,
such Deputy Municipal Public Defenders as same may be determined to
be necessary for the proper and orderly administration of the Court.
Any Municipal Public Defenders shall be licensed to practice law in
the State of New Jersey, and shall be appointed for one year pursuant
to a yearly agreement approved by resolution. Any Municipal Public
Defender shall have all the duties and responsibilities provided by
P.L. 1997, Ch. 256,[1] with respect to the representation of indigent defendants
in the Rockaway Township Municipal Court.
[1]
Note: See N.J.S.A. 2B:24-1 et seq.
H.
Application for representation by public defender. A person applying
for representation by the Municipal Public Defender shall pay an application
fee of $200. In accordance with P.L. 1997, Ch. 256 and with the guidelines
promulgated by the Supreme Court, the Municipal Court may waive any
required application fee, in whole or in part, only if the Court determines,
in its discretion, upon a clear and convincing showing by the applicant
that the application fee represents an unreasonable burden on the
person seeking representation. The Municipal Court may allow an applicant
to pay the application fee over a specific period of time not to exceed
four months.
I.
Eligibility for services. Eligibility for services of the Municipal
Public Defender shall be determined by the Municipal Court on the
basis of the need of the defendant. Need shall be measured as provided
by law and in accordance with guidelines promulgated by the New Jersey
Supreme Court.
(1)
Investigation of financial status. The Municipal Court shall make
an investigation of the financial status of each defendant seeking
representation and shall have the right to request a defendant to
execute and deliver written requests or authorizations required to
provide the Court with access to records of public or private sources,
otherwise confidential, as may be of aid in evaluating eligibility.
If defendant has or reasonably expects to have means to meet some
part though not all, of the cost of services rendered, defendant shall
reimburse the Township and the Township shall have a lien on any property
to which defendant shall have or acquire an interest for an amount
equal to the reasonable value of the services rendered to the defendant.
The Municipal Attorney may do all things necessary to collect any
money due to the Township for services rendered by a Municipal Public
Defender.
J.
Establishment of fund. Funds collected from the application fee shall
be deposited in a dedicated fund administered by the Chief Financial
Officer of the Township. The funds shall be used exclusively to meet
the cost incurred in providing the services of a Municipal Public
Defender including, when required, expert and lay investigation and
testimony.
[1971 Code § 3-9C]
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 of the Township shall receive payment for services as provided
by Resolution for services performed. He 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.
40 A:5-1 et seq.). The Township Auditor shall perform such other services
as may be requested by the Mayor or the Council.
[1971 Code § 3-9D]
The Council shall appoint a Municipal Clerk who shall serve
as the Clerk of the Council for a three year term (N.J.S.A. 40A:9-133).
This appointment provision may be superseded by State law which may
grant tenure to this position. The Township Clerk shall serve as Clerk
of the Township Council and shall keep a journal of the proceedings
of the Council and shall assemble and retain all ordinances, and all
resolutions of a permanent character, in books to be provided for
that purpose. After each ordinance the Township Clerk shall also assemble,
retain and certify the proof of publication thereof, as required by
law. Each ordinance and resolution so assembled and retained shall
be signed by the presiding officer of the Council and Clerk, who shall
attest that it was duly adopted upon a date stated, pursuant to law,
and when so signed, the copy shall be deemed to be a public record
of the ordinance or resolution. Any omission by the Clerk or presiding
officer of the Council to assemble and retain, 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 ordinances and resolutions or true copies thereof
which then remain in force and effect. The Township Clerk shall also
properly index and record books, compilation or codification of ordinances
or resolutions.
A.
Custodian of records. The Clerk shall have custody of and shall safely
keep all the records, books, contracts, agreements and documents of
the Township 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 Township.
B.
Corporate Seal. The Township 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 office
or to certify any act or paper which from the records of his office
shall appear to have been a public act of the Township 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 section
provided, unless required to do so by law or ordinance.
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 Township office or officer or employee, except his own bond,
which shall be placed in the custody of the Township Treasurer, who
shall also be known as the Chief Financial Officer. The Clerk shall
also have custody of all leases of property owned by the Township.
The Township Clerk shall be the depository for and have custody of
all performance bonds running to the Township as obligee, and other
form 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.
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 Township Clerk shall:
(1)
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.
(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 bingo and raffles licensing.
(4)
Perform as Registrar of Vital Statistics; maintains all Vital Statistic
Records.
(5)
Perform all duties to assessment searches for municipal properties.
The Township Clerk shall make or cause to be made and certify Searches
for Municipal Improvement Liens on real property in the Township as
may be authorized by law and charge and collect for the use of the
Township the fee required pursuant to Law for any such charges.
(6)
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 Township 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 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 Members of the Council and any other persons
whose presence may be required. The Township Clerk shall give notice
of meetings in compliance with the Open Public Meetings Act.
F.
The Township Clerk shall be required to submit monthly Clerk's Accounts
Reports to the Council by the tenth day of the following month.
[1971 Code § 3-9E; Ord. No. 96-17 § 2]
A Township Engineer shall be appointed by the Mayor, with the
advice and consent of the Council, for the term of the Mayor and until
his successor has been appointed and qualified in accordance with
N.J.S.A. 40:69A-40.
A.
Compensation. The Township Engineer shall be compensated by such
sum as shall be fixed by ordinance.
B.
Functions and duties.
(1)
Coordinate the planning and expansion of the sewer utilities, water
and roads of the Township.
(2)
Serve as the Department Head of the Department of Engineering, Planning,
and Construction.
(3)
Assist and advise other departments as may be deemed necessary.
(4)
Maintain the index "as-built" plans and drawings of all Township
construction, including water and sewer systems, showing exact locations
of all connections and other details.
(5)
Supervise the inspection and testing of all construction work performed
in connection with the expansion of sewer utilities, water drainage
and roads.
(6)
Assist the Township Attorney in procuring easements from property
owners as may be required in connection with any needed land to be
used by the Township.
(7)
Maintain the Township Official Map.
(8)
Attend all meetings of the Planning Board, Council and other boards
or agencies as may be required.
(9)
Perform all engineering assignments and services as required by the
Planning Board, including the investigation and preparation of reports
referable to subdivision and site plan applications.
(10)
Assist in updating the existing planning and zoning legislation
of the Township.
(11)
Determine the accuracy of all vouchers submitted for labor and
material supplied by contract or otherwise within the scope of engineering.
(12)
Approve or reject the installation of all required improvements
in land subdivisions and developments, and submit reports in connection
therewith to the Planning Board or Council as may be required.
(13)
Review Developers Agreements and establish bond amounts for
approved subdivisions and site plans.
(14)
Surrender upon expiration of term of office, resignation or
removal, any or all Township property, including records, plans, specifications,
contracts, supplies and equipment, as well as all work products and
all things necessary for the uninterrupted continuation of the office
and duties of Township Engineer.
(15)
Prepare proposals, instructions and advertisements for bidding,
assist Township Attorney in the preparation of contracts in connection
therewith, and obtain adequate bonds, to be approved by the Township
Attorney as to legality.
(16)
Review plot plans required by ordinance for individual houses
as referred from construction department.
(17)
Assume membership and meet with Tenancy Committee of the Planning
Board.
(18)
Perform all engineering services as may be required under and
by virtue of Township ordinances, including the Land Subdivision Ordinance.
[1971 Code § 3-9F]
There shall be such other agencies and boards, judicial, legislative,
advisory and independent agencies and offices of the Township government
as are hereinafter established.
[Ord. No. 99-5 § 2]
It is the intent and purpose of this section to provide for
the defense of actions against and the indemnification of public employees,
as permitted by N.J.S.A. 59:10-4 et seq.
[Ord. No. 99-5 § 2]
Except as provided in Subsection 2-7.3, the Township Council shall provide a public employee with the necessary defense, or at its option, means for the defense of any action brought against the public employee, including cross claims or counterclaims, where the Township Council has determined that:
[Ord. No. 99-5 § 2]
The provisions of Subsection 2-7.2 shall not be applicable when:
A.
The defense of the action or proceeding is fully provided for by
an insurance policy or policies, whether obtained by the Township
or by any other person;
B.
The legal action has been brought by the Township against the public
employee;
C.
The legal action is a criminal or disciplinary action; or
D.
The public employee failed to deliver to the Township Clerk, within
20 calendar days after the time the public employee is served with
any summons, complaint, process, notice, demand or pleading, the original
or a copy of the same.
[Ord. No. 99-5 § 2]
A.
The Township shall indemnify a public employee for compensatory damages assessed in any action for which a defense or means for a defense is provided by the Township under Section 2-7, provided, however, that the municipality shall not indemnify a public employee for any compensatory damages arising out of an act or omission which is found by the trier of fact to constitute a crime, actual fraud, actual malice or willful misconduct.
C.
In any case where the Township would be required to provide a defense
under this chapter except for the fact that such defense is provided
for by insurance, the Township shall provide indemnification as aforesaid,
but only to the extent not covered by insurance.
D.
Where the Township has erroneously failed to provide a defense or means for a defense as required under Section 2-7, and it is subsequently finally determined that the Township should have provided such a defense, the Township shall indemnify a public employee for all costs of defending such action, including reasonable counsel fees and expenses, together with any costs of appeal, and for compensatory damages assessed in such action to the extent allowed under Section 2-7.
[Ord. No. 99-5 § 2]
The Township shall indemnify a public employee for punitive damages assessed in any action for which a defense or means for a defense is provided by the Township under Section 2-7 where:
A.
Such damages result from the employee's civil violation of State
or Federal law; and
B.
The Township Council has determined that the public employee's act
or omission complained of does not constitute actual fraud, actual
malice, willful misconduct or intentional wrong. The ultimate determination
by the trier of fact as to whether the act or omission constitutes
actual fraud, actual malice, willful misconduct or intentional wrong
shall not affect the Township's obligation to indemnify its employee
for punitive damages under this section.
[Ord. No. 99-5 § 2]
A.
The Township Council may provide a public employee with the necessary
defense, or at its option, means for the defense, including appeals,
of any criminal action brought against the public employee arising
out of and directly related to the employee's lawful exercise of authority
in the furtherance of official duties, if the Township Council concludes
that such representation or the provision for such representation
is in the best interest of the municipality, except for a criminal
proceeding instituted as a result of a complaint on behalf of the
Township.
The Township may take such action under a reservation of rights
and under any terms and conditions it deems appropriate in its sole
discretion, including by way of example and not limitation, a cap
on the reasonable costs of defense including attorneys' fees, a required
reexamination or reevaluation of its initial decision to provide a
defense or the means for the defense and the reservation of the right
to modify or reverse its initial decision at any time.
B.
If the Township (i) in its discretion, does not provide a defense
or the means for a defense, including appeals, to an employee in a
criminal proceeding brought against the public employee arising out
of and directly related to the employee's lawful exercise of authority
in furtherance of official duties, not instituted as a result of a
complaint on behalf of the Township; or (ii) if the criminal proceeding
was instituted as a result of a complaint on behalf of the Township
(and therefore no defense or means for defense was provided by the
Township) and the action is dismissed or is finally determined in
favor of the employee, the Township shall reimburse the employee for
the reasonable costs of defense including reasonable attorneys' fees
and costs of trial and appeals.
[Ord. No. 99-5 § 2]
The provisions of Subsection 2-7.6 shall not be applicable when:
A.
The defense of the criminal action or proceeding is fully provided
for by an insurance policy or policies, whether obtained by the Township
or any other person; or
B.
The public employee failed to deliver to the Township Clerk within
20 calendar days after the time the public employee is charged with
any such criminal action a notice of said charge.
[Ord. No. 99-5 § 2]
Whenever the Township provides any defense required of it under Section 2-7, the Township, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense. In the event the public employee fails to cooperate fully with the defense, the Township's obligation pursuant to Section 2-7 shall cease.
[Ord. No. 08-20 §§ 1
— 3]
A.
Positions
eligible and required to participate in the defined contribution retirement
program. Pursuant to N.J.A.C. 43:15C-2, and except as otherwise excepted
pursuant to N.J.S.A. 43:15C-1 et seq. and the guidelines established
by the Local Finance Board pursuant to N.J.S.A. 43:15C-2a(3), (see,
for example, Local Finance Notice 2008-10, April 28, 2008 attached
to this Ordinance as Exhibit A),[1] the following positions are deemed eligible for and shall
participate in the Defined Contribution Retirement Program:
Township Business Administrator
Magistrate of the Municipal Court
Municipal Prosecutor
Director of Parks/Recreation/Senior Services
Municipal Engineer
Library Director
[1]
Note: Exhibit A is on file in the offices of the Township
Clerk.
B.
Positions
exempt from participation in the defined contribution retirement program.
Individuals serving in the following positions are exempt from Defined
Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
Certified Health Officer
Tax Collector
Chief Financial Officer
Construction Code Official
Tax Assessor
Municipal Planner
Registered Municipal Clerk
Licensed Uniform Subcode Inspector
Principal Public Works Manager
