[Ord. No. 18-1982, A1, § 1.1]
This chapter shall be known and may be cited as the Weehawken Administrative Code (July 1982) and is herein referred to as the "Administrative Code".
[Ord. No. 18-1982, A1, § 1.2]
As used in this chapter:
Council-Manager Plan C (Article 11) of the Optional Municipal Charter Law (OMCL), N.J.S.A. 40:69A, and all applicable provisions of the general law as provided therein.
The Municipal Clerk duly appointed pursuant to the charter or ordinance.
This chapter, as amended and supplemented.
The local legislative body of the Township, constituted and elected pursuant to the charter.
A major organization unit of the Township government established or designated by or pursuant to the code as a department.
The administrative head of a department.
The Township Manager duly appointed pursuant to the charter and this Code, or any assistant or acting Manager temporarily serving in the place of the Township Manager pursuant to the charter or code.
A calendar month unless otherwise specifically provided.
An act in permanent, uniform regulation of public or governmental conduct, required by law to be written, published and adopted after a public hearing at a meeting following the one at which it is introduced.
Any corporation, firm, partnership, association, organization or other entity, as well as an individual.
An action expressing the sense or will of the Council on a matter of special or temporary interest, which shall be written and may be adopted at the meeting at which it is introduced without publication or public hearing.
The Township of Weehawken, in the County of Hudson, State of New Jersey, as governed by the provisions of the charter.
A calendar year unless otherwise specifically provided.
[Ord. No. 18-1982, A1, § 1.3]
For the purposes of this Code and any other ordinance or resolution heretofore or hereafter adopted, except as the context may otherwise require:
a.
The present tense includes the past and future tenses and the future, the present;
b.
The masculine gender includes the feminine and neuter;
c.
The singular number includes the plural, and the plural the singular;
d.
"Shall" is mandatory and "may" is permissive;
e.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be Saturday, Sunday or a legal holiday, that day shall be excluded;
f.
"Writing" and "written" mean any visual mode of reproducing words or numbers on paper or similar material that is in general use.
[Ord. No. 18-1982, A1, § 1.4]
a.
It is the intent of Council in enacting this Code to exercise fully the powers delegated by the charter to organize and regulate its internal affairs, and the provisions of the code should be construed liberally to that end.
b.
The Code shall be interpreted and administered so as to maintain the separation of legislative and administrative powers as provided in the charter.
[Ord. No. 18-1982, A2, § 2.1]
Members of the Council, Elected as provided by statute, for terms beginning July 1, 1982, shall be paid such sums as may be provided by General Salary Ordinance in full compensation for their services and expenses, except as may be otherwise provided by resolution with respect to occasional and specific expenses.
[Ord. No. 18-1982, A2, § 2.2]
a.
Vacancies on the Council shall be filled in the manner prescribed by Section 108 of the Optional Municipal Charter Law.
[Ord. No. 18-1982, A2, § 2.3]
a.
On July 1 following their election, or as soon thereafter as practicable, the members of the Township Council shall assemble at the usual place of meeting of the Township Council and organize and elect one of their members as Mayor. The Mayor shall be chosen by a majority vote of all members of the Township Council. If the members shall be unable, within five ballots to elect a Mayor, then the member who in the election for members of the Township Council received the greatest number of votes shall be the Mayor. Should such person decline to accept the office, then the person receiving the next highest vote shall be the Mayor, and so on, until the office is filled. The term of the Mayor shall be for four years.
b.
The Council shall, on the same date, and under the same procedure, designate a Deputy Mayor from among its members to serve in the event of the temporary absence or disability of the Mayor. The Deputy Mayor shall serve for a term of four years.
[Ord. No. 18-1982, A2, § 2.4]
a.
Members-elect of the Council shall be notified of all Council meetings to be held between election day and the date of organization, the same as incumbents. They shall be entitled to attend all such meetings and to participate in all pre-meeting conferences without vote.
[Ord. No. 18-1982, A2, § 2.5]
a.
The Mayor shall have only such functions, powers and duties as are prescribed by the Charter. The Mayor shall preside at all meetings of the Council and shall have a voice and vote in its proceedings. All bonds, notes, contracts, and written obligations of the Township shall be executed on its behalf by the Mayor. The Deputy Mayor shall act in place of the Mayor in case of the Mayor's absence or disability.
[Ord. No. 18-1982, A2, § 2.6]
All powers of the Township and the determination of all matters of policy shall be vested in the Township Council. Except as otherwise provided by the Charter or this Code:
a.
The Township Council shall act in all matters as a body, and it is contrary to the spirit of this Code for any of its members to seek individually to influence the official acts of the Township Manager, or any other officer, or for the Council or any of its members to direct or request the appointment of any person to, or his removal from, office or to interfere in any way with the performance of any such officers or their duties. The Council and its members shall deal with the administrative service and employees solely through the Manager and shall not give orders to any subordinates of the Manager either publicly or privately. Nothing herein contained shall prevent the Township Council from appointing committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department or any matter relating to the welfare of the Township, and designating to such committees or commissions such powers or inquiry as the Township Council shall deem necessary.
b.
The Township Council shall continue or create and determine and define the powers and duties of such executive and administrative departments, boards and offices, in addition to those provided for in this Code, as may be necessary for the proper and efficient conduct of the affairs of the Township. Any department, board or office so continued or created may, at anytime, be abolished by the Township Council, by amendment to this Code.
[Ord. No. 18-1982, A2, § 2.7; Ord. No. 13-1990]
a.
All meetings, Council meetings, including pre-meeting conferences shall be public and held at times and places fixed by the Council, in accordance with the Open Public Meetings Act (N.J.S.A. 10:41 et seq.). Exceptions, if any, shall have been authorized therein.
b.
Regular meetings. Council shall hold its regular meetings at such time and place as the Council, by majority vote, shall have designated, provided that when any such scheduled meeting would fall on a legal holiday it shall be re-scheduled by the Clerk and due and proper notice thereof shall be given.
c.
Pre-meeting conferences. The Council may hold premeeting conferences in preparation for its regular meetings. When so held it shall be at such a time and place as the Council, by majority vote, shall have designated.
d.
Special meetings. The Mayor, whenever he deems it in the public interest may, and upon request in writing of any two Council members, shall call a special meeting of the Council. A request by the Council members, or Mayor, for a special meeting shall state the time and purpose of the meeting, and no other business.
e.
Adjourned meetings. An adjourned meeting shall be considered a continuation of the preceding meeting and the business of the Council shall be resumed where it was left at the last adjournment.
f.
Attendance by personnel. The Manager, Attorney and Clerk shall attend all meetings of the Township Council.
[Ord. No. 18-1982, A2, § 2.8]
In addition to such by-laws as Council may adopt by resolution, the following Rules of Procedure shall govern the meetings of the Township Council.
a.
Presiding officer. The Mayor shall be the presiding officer of the Council, and the Deputy Mayor or temporary Chairman may preside as otherwise provided by the Code. The presiding officer may vote on all questions, his name being called last.
b.
Quorum. A majority of the whole number of members of the Council (3) shall constitute a quorum. Should no quorum be present within 30 minutes after the hour appointed for the meeting of the Council, the person presiding may thereupon adjourn the meeting to a fixed date, unless by unanimous agreement the members then present select another hour or day. The names of the members present and their action at such meeting shall be recorded in the minutes by the Clerk.
c.
Order of business. At each regular meeting of the Council, the order of business shall be as follows:
1.
Pledge of Allegiance;
2.
Prayer;
3.
Roll Call;
4.
Open Public Meetings Act announcement;
5.
Approval of minutes of previous meeting;
6.
Awarding of bids; when appropriate;
7.
Reports of special committees, administrative officers and bodies;
8.
Citizens comments on the agenda;
9.
Written communication;
10.
Introduction of proposed ordinances;
11.
Hearing and adoption of ordinances on second reading;
12.
Introduction and adoption of Resolutions;
13.
Unfinished business;
14.
New business;
15.
Citizen comments;
16.
Executive session (if necessary);
17.
Adjournment.
d.
Call to order.
1.
The Mayor shall take the chair at the hour appointed for the meeting and shall immediately call the Council to order.
2.
In the absence of the Mayor, and Deputy Mayor, the Clerk shall call the Council to order. The Clerk shall then determine whether a quorum is present and in the event a quorum is present call for the election of a Chairman pro tempore. Upon the appearance of the Mayor or Deputy Mayor, the temporary chairman shall forthwith relinquish the chair upon the conclusion of the business immediately before the Council, and when the Deputy Mayor is presiding, he shall likewise relinquish the chair upon the appearance of the Mayor.
e.
Roll call. At the beginning of each meeting of the Council, the Clerk shall call the roll of the members as determined by resolution, and the names of those present shall be entered in the minutes. If any member appears after the roll call the Clerk shall enter in the minutes the time of attendance of such member.
f.
Rules of order. Except as may be provided in charter or code, the conduct of Council meetings shall be governed by Robert's Rules of Order, Revised.
g.
Rights of presiding officers. Presiding Officers pursuant to paragraph a may move, second and debate from the chair and shall not be deprived of any of the rights or privileges of Council members by reason for presiding.
h.
Voting. The vote on every resolution or ordinance shall be determined by resolution passed by the Council, the Mayor voting last. The vote of each member shall be entered on the minutes. During roll call no member shall discuss or explain his vote.
i.
Minutes.
1.
The Clerk shall keep minutes of all regular and special meetings. The minutes shall record the time and place of meeting, the members attending, and every action of the Council, whether by motion, resolution or ordinance, with the names of the mover and seconder. They may include other pertinent matter, as suggested by the Order of Business. Copies shall be provided to each Council member and member elect, the Manager, and the Township Attorney.
2.
Unless a reading of the Minutes of a Council meeting is requested by a majority of the Council, such minutes when signed by the Mayor (or other presiding officer) and the Clerk, may be approved without reading subject to amendment, provided that the Township Clerk, prior to the meeting shall deliver a copy thereof to each member of the Council.
3.
The minutes of each meeting shall be signed by the presiding officer and by the Township Clerk.
4.
Council committee reports. A committee of the Council may request that any detailed, written report of the committee be made a part of the Minutes. Such report shall be first filed with the Clerk and shall be included in the Minutes upon the consent of the Council.
j.
Agenda. The Manager shall have the responsibility for preparation of the agenda for every Township meeting with the assistance as required of any other municipal employee. To the greatest extent practicable, the agenda in its entirety is to be prepared and available to the members of the Township Council no later than the close of business on the Tuesday prior to the meeting. Thereafter, any new matter may be placed on the agenda only with the consent of a majority of the members of the Council. Nothing herein shall be construed to prevent members of the public from bringing any matter before the Council during the public session of the meeting.
k.
Committees.
1.
There shall be no standing committees of the Council, other than the committee of the whole. The rules of the Council shall govern the meetings of the committee of the whole so far as applicable.
2.
Special committees of the Council for legislative purposes may be appointed by the Council, by resolution, upon affirmative vote of the majority of the Council. No special committee shall proceed to the consideration of any matter referred to it unless a majority of the members of the committee shall be present. All committee meetings, unless otherwise directed, shall be held at the municipal building or in another public building.
l.
Ordinances and resolutions.
1.
Preparation of ordinances: Ordinances shall be prepared for presentation to the Council upon request of a Councilman, or majority vote of the Council, or upon request in writing by the Manager.
2.
Prior review by administrative staff: All ordinances, resolutions and contract documents before presentation to the Council shall: (a) Have been approved as to form and legality by the Township Attorney or his authorized representative; and (b) Have been examined as to administrative consideration by the Manager or his authorized representative. The Manager shall submit to the Council a written memorandum concerning the administrative aspects of each ordinance, resolution and contract unless he shall advise the Council that no administrative questions are involved. Each administrative memorandum may include the specific comments and recommendations of the director concerned with the subject of the memorandum.
3.
Introduction for passage or approval: (a) Ordinances, resolutions and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council, except that the Manager or attorney may present ordinances, resolutions, and other matters or subjects to the Council and any Councilman may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted otherwise, they shall not be considered. (b) Resolutions, unless laid over by a majority vote of the Council, shall be acted upon the day of the introduction or presentation. (c) Ordinances and resolutions shall be called up for action on motion of a member of the Council.
m.
Public hearing adoption.
1.
A public hearing shall be held on every ordinance, as provided by general law, at least 10 days after passage on first reading and at least one week after publication. At the hearing, the ordinance shall be given second reading, which may be by title, and all residents and others affected shall be heard concerning the ordinance, with the right to ask pertinent questions.
2.
Thereafter, the ordinance may be adopted by a majority of the whole Council, with such amendments as do not substantially alter the intent or effect of the original.
3.
Substantial amendments shall be read, optionally by title, and published and publicized in accordance with general law, and the ordinance may be finally adopted without further public hearing at least one week after the meeting at which it was amended.
n.
Effective date. No ordinance other than a local budget ordinance shall take effect less than 20 days after its final passage by Council unless Council shall adopt a resolution declaring an emergency, with at least a majority of members of Council voting in favor.
[Ord. No. 18-1982, A2, § 2.9]
a.
Appointment, term, compensation. The Council shall appoint a Township Clerk for the term provided by law. Prior to his appointment, he shall be qualified by training and experience to perform the duties of the office. The Clerk shall serve as Clerk of the Council and shall have such other functions, powers and duties as are provided by the Code and shall receive an annual salary as provided by the Salary Ordinance.
b.
Duties. The Clerk shall be Clerk of Council, shall provide such stenographic and other staff services as the members shall require, shall select subordinate personnel with advice and consent of Council, to such positions as Council may authorize, and shall:
1.
Attend all Council meetings, keep the minutes and records of the proceedings of the Council.
2.
Record all ordinances in books to be provided for that purpose. He shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk who shall attest that it was duly adopted on the date stated, and when so signed and recorded shall be deemed to be a public record of the Ordinance. Any omission by the Clerk or the Mayor to so record, sign or certify shall not impair or affect that validity of any ordinance which has been duly adopted.
3.
Record all resolutions in the minute book and certify each as a true copy of the resolution adopted by Council. Have custody of and safely keep all records, books and documents of the Township, except those committed by the Charter or ordinance to any other office or transferred thereto by the Manager. He shall, upon request and the payment of the fees prescribed therefor by resolution of the Council for the use of the Township, furnish a certified copy of any such paper in his custody, under the Corporate Seal of Township.
4.
Have custody of the Township's Seal, and affix it to such books, papers and documents as may be authorized pursuant to law.
5.
Perform all of the functions required of municipal Clerks by the general election law (Title 19 of the Revised Statutes) and any other State law or Township Ordinance and shall charge and receive for Township use such fees for transcripts and copies of official records as Council shall authorize by resolution.
6.
Prepare and publish notices, ordinances and other matter as required by charter or general law.
7.
At the close of each year, with the advice and assistance of the Municipal Attorney, shall bind, compile or codify all the ordinances and resolutions, or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances and resolutions.
8.
Have custody of and shall safely keep all records, books and documents of the Township, except those committed by Charter or ordinance to any other office or transferred thereto by the Manager. He shall upon request and upon the payment of the fees prescribed therefor by resolution of the Council for the use of the Township, furnish a certified copy of any such paper in his custody, under the corporate seal of the Township.
9.
Have such other different and additional functions, powers and duties as may be prescribed by law or ordinance.
[Ord. No. 18-1982, A2, § 2.10]
There may be the office of Deputy Clerk or clerks recommended by the Manager and approved by the Council, the number of which shall be determined in accordance with the needs of the community but which number for the purpose of this subsection shall be indefinite. The Deputy or Deputies so appointed shall have all the powers and shall perform all of the duties of the Municipal Clerk during such times and for such periods as the Municipal Clerk shall be absent or otherwise unavailable.
[Ord. No. 3-1951, §§ 1 — 5; New]
a.
Appointment. The Township Council shall appoint a Tax Collector for the term provided by law. Prior to his appointment, he shall be qualified by training and experience to perform the duties of the office. The Tax Collector shall perform such duties and have such powers as are provided by statute or by the Council. The Tax Collector shall receive an annual salary as provided by the Salary Ordinance. The Township Council may appoint a Deputy Tax Collector.
[Ord. No. 18-1982, A3, § 3.1]
a.
The Township Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. If he is not a resident of the Township, the Manager shall be required to become a resident within one year of his appointment provided that he may reside outside the Township only with the approval of the Council which approval must be given annually and each such approval may not exceed a period of one year from the date it is given.
[Ord. No. 18-1982, A3, § 3.2]
a.
The Township Manager shall hold office for an indefinite term and may be removed by a majority vote of the Council. At least 30 days before such removal shall become effective, the Council shall, by majority vote of its members, adopt a preliminary resolution stating the reasons for his removal. The Manager may reply in writing and may request a public hearing, which shall be held not earlier than 20 days, nor later than 30 days, after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Council by majority vote of its members, may adopt a final resolution of removal.
b.
By the preliminary resolution, the Council may suspend the Manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the preliminary resolution.
[Ord. No. 18-1982, A3, § 3.3]
a.
The Manager shall designate a qualified administrative officer of the Township to perform his duties during any temporary absence or disability. Such designation shall be in writing and filed with the Township Clerk. In the event of his failure to make such designation, the Council may by resolution appoint an officer of the Township to perform the duties of the Manager during such absence or disability until he shall return or his disability shall cease.
b.
The Council may designate a qualified administrative officer of the Township to act as Manager during a vacancy in the office.
[Ord. No. 18-1982, A3, § 3.4]
The Township Manager, subject to policies established by the Council, shall:
a.
Be the chief executive and administrative officer of the Township.
b.
Direct and supervise the administration of all departments of the Township, and be responsible for the maintenance of sound personnel policies, purchasing and administrative practices.
c.
Execute all laws and ordinances of the Township.
d.
Appoint and remove a Deputy Manager, if one be authorized by the Council, all department heads and all other officers, subordinates and assistants, for whose selection or removal no other method is provided by this Code, or by statute or general law, except that he may authorize the head of a department to appoint and remove subordinates in such departments, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the Township Council.
e.
Exercise and discharge the functions of the Township Clerk as provided by the Statutes, the Charter and this Administrative Code during the Township Clerk's absence or disability.
f.
Negotiate contracts for the Township, subject to the approval of the Council, and make recommendations concerning the nature and location of municipal improvements, and execute municipal improvements as determined by the Township Council.
g.
See that all terms and conditions imposed in favor of the Township or its inhabitants in any statute, public utility, franchise, or other contract are faithfully kept and performed, and upon knowledge of any violation, call the same to the attention of the Township Council.
h.
Attend all meetings of the Township Council with the right to take part in the discussions, but without the right to vote.
i.
Recommend to the Township Council for adoption such measures as he may deem necessary or expedient, keep the Council advised of financial conditions of the Township, make reports to the Council as requested by it and at least once a year shall make a report to the Council and to the public on the administration and the status of the local government for the benefit of the Council and the public.
j.
Investigate at any time the affairs of any officer or department of the Township.
k.
Act as head of any department in the event of a vacancy or the absence or disability of a department head, or designate another Township Officer to serve temporarily in such event.
l.
Perform such other duties as may be required by charter ordinance or resolution of the Township Council.
m.
The Manager shall be the civil defense and disaster control director.
[Ord. No. 18-1982, A3, § 3.5]
a.
The Manager may, in his discretion, allocate, assign, or delegate functions or powers to a department head for more efficient administration of the Township government; provided that any such delegation, allocation or assignment shall not relieve the Manager of any of his responsibilities under the Charter or the Administrative Code, nor shall it be inconsistent with any expressed requirement of the Code. Any such delegation shall be in writing which shall be filed with the Clerk and reported to the Council.
[Ord. No. 18-1982, A3, § 3.6]
a.
The Manager shall have custody, management and control of all Township property which is not otherwise allocated or assigned to a department by the Code.
b.
The Manager, with the prior approval of the Council shall arrange for such insurance coverage as may be required by the Township to protect it against risks of loss from whatever cause. All insurance policies and surety bonds shall be filed for safekeeping with the Township Clerk, except that the official surety bond covering the Township Clerk (or the Clerk Collector) shall be filed with the Treasurer.
[10-25-2018 by Ord. No. 15-2018[1]]
There is hereby created a Department of Law.
a.
The Department of Law shall be headed by the Law Director and shall consist of the Law Director, the Township Attorney, one or more Assistant Township Attorneys, the Landlord/Tenant Housing Advisor, the Tenants Attorney Advocate and such clerical and other personnel as shall from time to time be assigned by the Manager.
[1]
Editor's Note: This ordinance superseded former § 2-4, Department of Law, adopted by Ord. No. 13-1990, as amended.
[10-25-2018 by Ord. No. 15-2018]
a.
The Township Attorney shall be appointed by the Council by a majority vote of its members and shall serve at the pleasure of the Council for a term not to exceed one year from July 1 of the year of appointment and until a successor has been appointed and qualified. The Township Attorney shall be an attorney-at-law of the State of New Jersey, but need not be a resident of the Township, and shall receive such compensation as may be agreed upon and authorized by the Council.
b.
Duties. The Township Attorney shall:
1.
Represent the Township in all legal matters and, as such, advise and assist in all legal matters of the Council, Manager and departments as may be required in the administration of Township government;
2.
Attend meetings of the Council, draft resolutions and give opinions and rulings on questions of law which may arise at the Council meetings;
3.
Prepare or approve all legal instruments relating to the business of the Township;
4.
Represent the Township in all litigation and conduct trials, appeals and other proceedings affecting the interests of the Township as she or he may, in his or her discretion, determine to be necessary or desirable, subject to the approval of the Council;
5.
Prepare or approve all ordinances and substantive resolutions prior to introduction and passage;
6.
Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the Township;
7.
Conduct appeals from orders, decisions or judgments affecting any interest of the Township as directed by the Council;
8.
Subject to the approval of the Council, have power to enter into any agreement, compromise or settlement of litigation in which the Township is involved;
9.
Advise or render opinions upon any question of law pertaining to municipal affairs submitted to him by the Manager, the Council or any Council member;
10.
Maintain a record of all actions, suits, proceedings and matters which relate to the Township's interest and report thereon as the Council or Manager may require;
11.
Have such other and different functions, powers and duties as may be provided by law, Township Charter or ordinance.
[10-25-2018 by Ord. No. 15-2018]
The Law Director shall be appointed by the Council by a majority vote of its members and shall serve at the pleasure of the Council. The Law Director shall be qualified as is the Township Attorney, need not be a resident of the Township, and shall be compensated as may be agreed upon and duly authorized by the Council.
[10-25-2018 by Ord. No. 15-2018]
All papers, documents, memoranda, reports and other materials relating to the administration of the office of the Law Department shall be and remain the property of the Township. Upon the termination of service with the Township of any member of the Law Department, the Attorney shall forthwith surrender to the Law Director, or in the case of the Law Director to the Township, all such property and, where necessary or appropriate, provide a written consent to the substitution of his successor in all legal actions and proceedings then pending to which the Township is a party.
[10-25-2018 by Ord. No. 15-2018]
Whenever the interest of the Township so requires, the Township Council shall appoint special counsel, with or without the recommendation of the Law Director and/or the Township Attorney, and within the limits of available appropriation, to assist in the preparation, trial or argument of any issue or in such other capacity as it may determine. If both the Law Director and the Township Attorney shall be disqualified with respect to any matter, the Council shall appoint special counsel to represent the Township for and with respect to such matter, within the limits of available appropriations.
[10-25-2018 by Ord. No. 15-2018]
a.
There shall be appointed within the Department of Law and under the supervision of the Law Director a Landlord/Tenant Housing Advisor. The appointment shall be made by resolution of the Mayor and Council and shall be for a term equal to that of the Township Attorney. The Landlord/Tenant Housing Advisor (hereinafter "Advisor") shall be qualified as is the Township Attorney, need not be a resident of the Township, and shall be compensated as may be agreed upon and duly authorized by the Council.
b.
The Advisor's function shall be limited to interpreting the pertinent or relevant landlord/tenant, rent and housing-related statutes, ordinances, rules and regulations and advising Weehawken residents and taxpayers. Although the Advisor may refer appropriate individual cases to the Tenants Attorney Advocate or to legal services or other similar entities offering legal aid to those who cannot afford counsel, the Advisor shall not undertake to represent any person soliciting his or her advice before any court, authority, commission, board or other similar body in relation to a landlord/tenant, rent or housing matter.
[10-25-2018 by Ord. No. 15-2018]
a.
There shall be appointed within the Department of Law and under the supervision of the Law Director a Tenants Attorney Advocate. The appointment shall be made by resolution of the Mayor and Council and shall be for a term equal to that of the Township Attorney. The Tenants Attorney Advocate shall be qualified as is the Township Attorney, need not be a resident of the Township, and shall be compensated as may be agreed upon and duly authorized by the Council.
b.
If necessary and as may be appropriate and at the direction of the Law Director, any member of the Law Department may assume all or any of the duties of the Tenants Attorney Advocate.
c.
The duties and powers of the Tenants Attorney Advocate shall include, without limitation:
1.
Providing for the distribution of information to tenants regarding federal, state and municipal laws affecting the rights and duties of landlords and tenants.
2.
Promoting, sponsoring and organizing tenants' rights workshops as may be deemed necessary or appropriate.
3.
Receiving and forwarding to appropriate departments, boards or agencies of the Township complaints from tenants relating to any landlord/tenant matter.
4.
Providing such reports as may be requested, necessary or proper to the Township Council, the Township Manager or to the Law Director.
5.
Advising tenants as to their rights and obligations flowing from residential leases or other rental agreements or from any federal, state, county, Township or other local law, ordinance, rule or regulation impacting landlords or tenants.
6.
Coordinating various Township departments to ensure the rights of tenants and the maintenance of safe and adequate rental housing within the Township.
7.
On behalf of the Township Council, to appear as an interested party, or on behalf of a tenant, to appear, before any department, board or agency of the Township, including, but not limited to, the Rent Leveling Board, the Building Department and the Health Department, as well as in any administrative, judicial or alternative dispute resolution proceeding, in regard to any matter dealing with, regarding or touching upon any landlord/tenant relationship or the condition of any dwelling within the Township.
8.
To refer a matter regarding any landlord/tenant relationship or the condition of any dwelling within the Township to any department, board or agency of the Township.
9.
To give legal advice and provide representation and/or other assistance without charge to tenants in their dealings with the Township Rent Leveling Board and/or before any court or administrative tribunal as may be assigned by the Township Council, Township Manager or Law Director.
10.
To have all powers necessary, convenient and/or appropriate to carry out, perform, execute and fulfill the intents and purposes of this section, as stated herein, as outlined in the recitals hereof and as it may be amended from time to time.
[Ord. No. 18-1982, A5, § 5.1]
The Municipal Court created pursuant to N.J.S.A. 2A:8-2 et seq. and known as the "Municipal Court of the Township of Weehawken, Hudson County" shall be continued, with all the functions, powers, duties and jurisdiction conferred by the aforesaid statute.
[Ord. No. 18-1982, A5, § 5.2]
The Court shall convene in the Municipal Building or such other place and at such times as Council shall provide by resolution.
[Ord. No. 18-1982, A5, § 5.3]
a.
Appointment. The Municipal Judge shall be appointed by the Council for a term of one year from the date of appointment and until his successor is appointed and qualified.
b.
Qualifications. The Municipal Judge shall be an Attorney-At-Law of the State and a resident thereof but need not be a resident of the Township. He shall not practice law in the Municipal Courts of Hudson County nor upon appeal from such courts. He shall be paid an annual salary fixed by the Salary Ordinance, in lieu of any and all other fees.
[Ord. No. 18-1982, A5, § 5.4; amended 4-10-2024 by Ord. No. 5-2024]
The Municipal Court shall have an Administrator, and such other employees as the Township Manager may authorize from time to time, which may include a Deputy Administrator, a Clerk and others as the Township Manager, in consultation with the Township Council and within budgetary constraints, shall deem necessary, convenient and appropriate. Such employees shall perform the functions and duties as shall be prescribed by law, the rules applicable to Municipal Courts and by the Municipal Judge. There shall be for coordination a set of rules established between the Municipal Court Clerk and the Municipal Judge, which, insofar as the administration of the Township affairs, shall be approved by the Manager.
[Ord. No. 18-1982, A5, § 5.5]
There shall be a Municipal Court Prosecutor appointed annually by the Council. He shall be an Attorney-At-Law of the State of New Jersey. He shall serve under the general direction of the Township Council and he shall conduct prosecutions for crimes and offenses cognizable by the Municipal Court of the Township, including violations of the Township ordinances, complaints of any department under State law, and prosecute appeals taken as a result of convictions obtained in the Municipal Court by virtue of complaints on municipal ordinances.
[Ord. No. 18-1982, A5, § 5.6; Ord. No. 9-1994, §§ 1, 2; Ord. No. 22-1994, § 1; Ord. No. 16-1997, § 1]
There shall be a Municipal Court Public Defender, whose duties and responsibilities shall be the same as heretofore undertaken by the Public Defender and as provided by law.
Any person who applies for representation by a Municipal Public Defender shall pay at the time of making application therefor, an application fee of $200.
Upon request of the applicant, the Municipal Court Judge may:
[Ord. No. 18-1982, A5, § 5.7]
a.
Appointment, compensation. The Assistant Judge shall be appointed by the Council for a term of one year from the date of appointment and until his successor is appointed and qualified.
b.
Qualifications. The Assistant Judge shall be an Attorney-At-Law of the State and a resident thereof but need not be a resident of the Township. He shall not practice law in the Municipal Courts of Hudson County nor upon appeal from such courts. He shall be paid an annual salary fixed by the Salary Ordinance, in lieu of any and all other fees.
[Ord. No. 18-1982, A5, § 5.8]
Neither the Township Public Defender nor the Township Prosecutor need be residents of the Township.
[Ord. No. 18-1982, A5, § 5.9]
The Office of the Municipal Court Clerk shall be organized pursuant to plan approved as provided in Subsection 2-6.5.
[Ord. No. 18-1982, A6, § 6.1; Ord. No. 19-1990, § 1]
There shall be the following administrative departments among and within which the Manager shall allocate and assign all administrative functions, powers and duties of the Township government which are not otherwise assigned to a particular department by the Charter or Code:
[Ord. No. 18-1982, A6, § 6.2]
Each department head, under the direction and supervision of the Manager shall:
a.
Exercise and discharge such functions, powers and duties as may be allocated and assigned to the department by the Charter or by any Ordinance;
b.
Direct and supervise the work of his department;
c.
Organize the activities of the department and allocate and assign functions to its employees;
d.
Have such powers of appointment and removal of subordinates within the departments as may be delegated to him by the Manager pursuant to the Charter;
e.
Unless and until a department head is appointed by the Manager, and a salary fixed for the position by the Council by the Salary Ordinance, the Manager shall serve as acting head of the department without additional compensation.
[Ord. No. 18-1982, A6, § 6.3]
The Manager may, with the approval of the Council, serve as head of one or more departments. The Manager may appoint the same person to serve as head of two or more departments, without additional compensation, and a department head may also be appointed by the Manager to serve as head of a division within his department without additional compensation.
[Ord. No. 18-1982, A6, § 6.4]
Any plan calling for changes in personnel strength or in classification or pay of employees shall be reported to the Council by the Manager.
[Ord. No. 18-1982, A6, § 6.5]
The Manager may approve the organization and reorganization of departments, offices and agencies on recommendation of the heads thereof and subject to the available appropriations provided that any plan calling for changes in number of departments shall be submitted to Council at a regular meeting. Council may, by resolution at the next regular meeting, approve or reject the plan or return it for revision. Failure to act at that meeting shall constitute approval and the plan may then be adopted at once.
[Ord. No. 18-1982, A7, § 7.1; Ord. No. 6-1990; Ord. No. 13-1990; amended 5-25-2022 by Ord. No. 6-2022]
a.
Chief Financial Officer. The Department of Finance shall be headed by a Chief Financial Officer who shall be appointed by the Township Manager for a term not to exceed one year and until his successor shall have been appointed and qualified chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth and who shall be certified as required by N.J.S.A. 40A:9-140.1 et seq.
b.
Qualified Purchasing Agent. The Department of Finance may have among its personnel a Qualified Purchasing Agent (QPA) who shall be qualified according to the criteria established under N.J.S.A. 40A:11-9 and any regulations promulgated pursuant thereto. Such QPA shall be appointed by and shall serve in such role at the pleasure of the governing body, providing such person maintains the qualifications required by law, as may be amended from time to time, and as such, shall have the powers, duties and obligations established under N.J.S.A. 40A:11-9 and any regulations promulgated pursuant thereto, and as set forth in Chapter 2, Article 13 (Budget and Fiscal Procedures) of the Revised General Ordinances of the Township of Weehawken, 1987, as amended from time to time. The Chief Financial Officer of the Township may be appointed to serve also as Qualified Purchasing Agent of the Township.
[Ord. No. 18-1982, A7, § 7.2; Ord. No. 13-1990]
The Department shall perform all appropriate functions associated with:
[Ord. No. 18-1982, A8, § 8.1; New]
The Department shall be headed by a Director who shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. There may also be a Deputy Director of Public Safety.
[Ord. No. 18-1982, A8, § 8.2; Ord. No. 1-1995, § 1; Ord. No. 02-2002, § 1]
a.
Within the Department of Public Safety, there shall be a Division of Police.
b.
The Township Manager or his designee is designated as the appropriate authority to provide for a line of authority relating to the police function and for the adoption and promulgation of rules and regulations which govern the Township police force and the discipline of its members.
c.
The Township Manager or his designee, as the "appropriate authority" hereunder, shall make and establish such policies governing the Police Department, which may be amended from time to time and which shall not be inconsistent with Township ordinances and other laws governing the Department, and shall publish such policies in writing and transmit a copy thereof to the Deputy Chief of Police for implementation.
d.
The Deputy Chief of Police shall review the rules and regulations on an ongoing basis and may recommend changes or updated provisions to the rules and regulations as he deems appropriate. A complete review of the rules and regulations shall be considered by the Deputy Chief every five years.
[Ord. No. 18-1982, A8, § 8.3]
The Division shall perform all appropriate functions associated with:
a.
Maintaining peace and order.
b.
Regulating vehicle and pedestrian traffic;
c.
Suppressing crime;
d.
Protecting lives and property;
e.
Removing nuisances from streets and other public places;
f.
Liaison with Volunteer First Aid Ambulance Corporation;
g.
Dispatch, communications and records;
h.
Installation, repair and maintenance of traffic signals and traffic signs;
i.
And such other duties as may be assigned.
j.
Youth Aid Bureau.
[Ord. No. 18-1982, A8, § 8.4; Ord. No. 6-1995, § 1]
Within the Department of Public Safety there shall be a Division of Fire.
[Ord. No. 18-1982, A8, § 8.6]
The department shall be organized pursuant to plan approved as provided in Subsection 2-6.5.
[1]
Editor's Note: Former Subsection 2-8.7, Appropriate Authority, which included portions of Ordinance No. 1-1988, was deleted by Ordinance No. 02-2002.
[Ord. No. 18-1982, A8, § 9.1]
The Department shall be headed by a Director who shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to duties of his office as hereinafter set forth.
[Ord. No. 18-1982, A8, § 9.2]
Within the Department of Public Works there shall be a Division of Streets, Sanitation and Properties.
[Ord. No. 18-1982, A9, § 9.3; Ord. No. 19-1990, § 2]
The Department shall perform all appropriate functions associated with:
a.
Maintenance of Township buildings and operation of Township facilities;
b.
Operation and maintenance of sanitary sewers;
c.
Maintenance of streets, roads, bridges, and storm drains;
d.
Construction and reconstruction of roads, streets, buildings and other structures;
e.
Maintenance of equipment other than landscaping equipment; and
f.
Collection and disposal of trash and other such duties as may be assigned.
[Ord. No. 18-1982, A9, § 9.4]
Within the Department of Public Works there shall be a Division of Engineering.
a.
Township Engineer. There shall be a Township Engineer who shall be appointed by the Manager for a term of one year and shall be under a contract for services to be performed with the Township. In lieu of appointing an individual, the Manager may appoint a firm of engineers. The member of the firm acting as Township Engineer shall receive such compensation as may be agreed upon and determined by the Council. He shall perform such duties as are prescribed by general law and ordinance, and in addition shall:
1.
Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Township either on force account or by public contract.
2.
Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Township.
3.
Provide technical and engineering advice and assistance to other Township departments as needed.
4.
Maintain all papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the Township Engineer within the property of the Township, the Township Engineer shall forthwith surrender to the Township all such property.
5.
Provide services to the Tax Assessor to update the tax map on a current basis.
6.
Attend all Council meetings and Planning Board meetings as requested by the Manager.
7.
Provide planning and general inspection advice as directed by the Manager to other departments.
[Ord. No. 18-1982, A10, § 10.1]
The Department shall be headed by a Director who shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth.
[Ord. No. 18-1982, A10, § 10.2]
The Department shall perform all appropriate functions associated with:
a.
Recreation programs for persons of all ages, and of varied interests and abilities including the physically handicapped in all areas of the Township.
1.
Administer and operate playgrounds, facilities for indoor and outdoor sports, and athletic and recreational programs and activities for children and adults;
2.
Administer and operate facilities, functions and activities relating to public recreation.
3.
Use public school property, by agreement with the Board of Education, to the extent that such property may be adaptable and available for recreational programs and purposes of the Department;
4.
Plan and develop additional public recreational areas and facilities.
b.
Activities related to the development of Weehawken Senior Citizen programs; and
c.
Activities related to Weehawken Human Affairs, including the Office of Hispanic Affairs.
[Ord. No. 18-1982, A10, § 10.3]
The Department of Public Works of the Township shall be responsible for the maintenance and provide mechanical services for the facilities and physical properties of the Department of Human Services as directed by the Manager.
[Ord. No. 18-1982, A10, § 10.4]
The Department may sponsor, arrange and provide for the giving of indoor and outdoor exhibitions, concerts, games and contests and may use and employ public property for such purposes. The Department may charge and collect for the use of the Township a reasonable admission fee for each person entering or using facilities, exhibitions, concerts, games or contests provided under this section, when authorized by the Council.
[Ord. No. 18-1982, A10, § 10.5]
The Department may adopt reasonable rules, regulations and by-laws for the conduct of all persons while on or using such public property devoted to park or recreational uses. Any person who shall violate any such rules, regulations or by-laws may be removed and excluded from the premises.
[Ord. No. 18-1982, A10, § 10.6]
The Department shall be organized pursuant to plan approved as provided in Subsection 2-6.5.
[Ord. No. 13-1990]
The department shall be headed by a Director who shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth.
[Ord. No. 18-1982, A11, § 11.1; Ord. No. 13-1990]
The Department shall perform all appropriate functions associated with:
a.
Plan and administer a comprehensive public health program including, without limitation thereto, environmental sanitation, communicable disease control, child and adult health, and health education, laboratory services as may be authorized by the charter or ordinance;
b.
Administer and enforce the local health ordinance;
c.
Maintain and administer records of vital statistics, including births, and marriages in accordance with State law, and receive applications for and issue marriage licenses, pursuant to law;
d.
There shall be a Registrar and Deputy Registrar of Vital Statistics who shall be appointed by the Council. Said Registrar of Vital Statistics shall have charge of the administration duties involved in obtaining reports of and recording births, and marriages in the municipality, together with such related work as may be required in accordance with general law and ordinances of the municipality;
e.
The Manager shall appoint and employ such health officers, animal warden or other personnel as he deems necessary to carry into effect the powers vested by law. Whenever required by law, employees within the Department of Health shall be the holders of proper licenses issued by the State Department of Health. The Manager shall fix the duties and term of employment of each employee, in accordance with law.
f.
Administer laws and ordinances relating to relief of the needy, including aid to needy persons who are eligible for public assistance provided through County and State agencies.
g.
Provide or arrange for temporary shelter and custodial care to dependent and homeless persons.
h.
Enter into and perform cooperative agreements with other public agencies and voluntary charitable organizations and services relating to the functions of the Division.
i.
Administer the Township Building Code for which there shall be a Construction Official and assistants as may be provided by ordinance.
k.
Make building, plumbing and other inspections, as agent of the Health Officer or otherwise as required to administer and enforce the provisions of any Township housing code, health sanitary code and fire alarm codes for which there shall be such officers and employees as otherwise provided by ordinance.
l.
Have all of the functions, powers and duties of a local Board of Health under Title 26 of the Revised Statutes, except that as required by the Charter, the Council shall have and exercise all local legislative powers under that title.
[Ord. No. 18-1982, A11, § 11.3]
There shall be a Township physician to be appointed by the Manager. He shall be a person licensed by the State and who shall perform all medical services required to be performed by or on behalf of the Township as directed. The salary shall be based upon a retainer as provided by ordinance and in addition thereto, such reasonable compensation payable on the basis of services actually performed.
[Ord. No. 19-1990, § 3]
The Department shall be headed by a Director who shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to duties of his office as hereinafter set forth.
[Ord. No. 19-1990, § 3]
The Department shall perform all appropriate functions associated with:
[Ord. No. 18-1982, A12; Ord. No. 13-1990]
All Boards and Commissions presently constituted by the Township are hereby continued forward including:
Planning Board
Board of Adjustment
Library Board
Local Assistance Board
Public Housing Authority
Parking Authority
Hoboken-Weehawken-Union City Sewer Authority
Handicapped Parking Committee
Rent Levelling Board
West New York-Union City-Weehawken Joint Sewer Board
Weehawken-Union City Trunk Sewer Board
Environmental Commission
Juvenile Conference Commission
Recreation Advisory Committee
Economic Development Authority
[Ord. No. 18-1982, A13, § 13.1]
The fiscal year of the Township shall begin on January 1, and end on December 31, in each year, as provided by law.
[Ord. No. 18-1982, A13, § 13.2]
a.
The Township budget shall be prepared by the Manager during the month of November in each year, the Manager shall require all department heads to submit requests for appropriations for the next ensuing budget year and to appear before him at public hearings, which shall be held during that month on the various requests;
b.
Budget requests shall be in such form and detail as the Manager shall prescribe;
c.
On or before January 15, in each year, the Manager shall prepare and submit to the Council a capital program for the ensuing six fiscal years. A copy of the proposed capital budget shall be forwarded to the Planning Board for review and comment by the Board;
d.
On or before January 15, the Manager shall submit to the Council his recommended budget, together with such explanatory comment or statement as he may deem desirable or as requested by the Council. The budget shall be in such form as required by law for municipal budgets. It shall, in addition, include a current operating section and a capital section, together with detailed analysis of the various items of expenditure and revenue, and, to the extent feasible, appropriate statement of the costs of performance of functional programs and activities in terms of quantitative, countable units of work for operation and capital expenditures;
e.
The Council will thereafter consider and act upon the Manager's recommended budget in accordance with the requirements of the Local Budget Law (N.J.S.A. 40A:4-1 et seq.).
[Ord. No. 18-1982, A13, § 13.3]
a.
The capital program and capital budget, prepared by the Manager shall include:
1.
A clear summary of its contents;
2.
A list of all capital improvements which are proposed to be undertaken during the six fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements;
3.
Cost estimates, method of financing and recommended time schedules for each improvement;
4.
The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
(The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.)
b.
In the capital section of the budget document, the Manager shall include such capital projects and outlays as he may select from the capital program, together with the relevant explanation and justification.
[Ord. No. 18-1982, A13, § 13.4]
Budget appropriations shall be controlled by an encumbrance system which shall be prescribed or approved by the Manager.
[Ord. No. 18-1982, A13, § 13.5]
The provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and applicable regulations shall govern all aspects of contracts to which the Township is a party. All contracts shall be signed by the Mayor, attested by the Clerk or Deputy Clerk, and approved by the Township Attorney for legal form and sufficiency. Purchase order, for which a formal contract is not required by the Charter and the law, may be executed by the Manager or Purchasing Agent without further approval.
[Ord. No. 18-1982, A13, § 13.6]
Where contracts are let by competitive bidding pursuant to the Charter and the Local Public Contracts Law, the Council shall award the contracts in the manner prescribed by law.
[Ord. No. 18-1982, A13, § 13.7]
The provisions of Local Bond Law, N.J.S.A. 40A:2-1 et seq., shall govern all aspects of bonds to which the Township is a party.
[Ord. No. 18-1982, A13, § 13.8]
a.
All requests for purchases of any supplies, materials or equipment or contractual services (other than professional services) for any department shall be submitted to the Manager pursuant to a written requisition from the head of the department whose appropriation will be charged, and the certification of the Treasurer that a sufficient unencumbered balance of appropriation is available to pay therefor. All such purchase contracts shall conform with applicable requirements of State Statutes for competitive bidding. Whenever economics can be affected the Manager shall recommend to Council or purchase himself pursuant to N.J.S.A. 40A:11-6.1, the purchase of materials, supplies or equipment pursuant to a contract or contracts entered into on behalf of the State by the State Division of Purchasing and Property, or of one or more municipalities, as authorized by law.
b.
The Director of each department shall designate in writing and file with the Manager the name or names of employees in the department authorized to receive supplies, materials and equipment. The person so designated shall accept deliveries and sign for them, only where the goods are in exact conformity with the order. Should there be any doubt as to quantity or quality the receipting employee shall immediately notify the department head for appropriate action. If any supplies, materials or equipment are rejected, the department head shall immediately notify the Manager;
c.
Except as the Manager may authorize in case of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by or pursuant to the Code have been followed.
[Ord. No. 18-1982, § 13.9]
The Manager shall establish a procedure for the purchase of any item or items required for the immediate protection of the public health, safety, morals or welfare, which will permit such emergency purchases to be made for specific purposes in a manner other than above prescribed.
[Ord. No. 18-1982, A13, § 13.10]
Where purchases in excess of $500 are made without competitive bidding, pursuant to law, the purchasing agent shall obtain, wherever practicable, at least three price quotations for the items purchased, and shall record and maintain such quotations in his office as a public record. Wherever circumstances permit, the purchase shall be made from the lowest of such quotations received from a responsible supplier.
[Ord. No. 18-1982, A13, § 13.11]
The Manager shall establish or approve uniform standards for requisitions and purchases, and for the examination, test checks and/or inspection thereof.
[Ord. No. 18-1982, A13, § 13.12]
The Manager shall present to the Council, at Council's request a summary of the financial transactions of the Township since the next preceding report.
[Ord. No. 18-1982, A13, § 13.13]
No bill, fee, or claim shall be paid unless it contains a detailed statement of the items or demands, specifying particularly how the bill or demand is made up, a certification of the party claiming payment that it is correct and proof of certification as to the availability of funds, nor shall any bill, claim or demand be paid unless the voucher on which it is presented carries a certification of a department head, or a duly designated representative having personal knowledge of the facts that the goods have been received by, or the services rendered to, the Township.
[Ord. No. 18-1982, A13, § 13.14]
a.
All bills, claims, and demands, against the Township shall be deemed approved or disapproved by the Council in accordance with the action of the Manager. A voucher on a form prescribed by the Manager shall be presented for each bill, claim or demand, and shall be paid only upon the audit, warrant and approval of the Manager. Disbursement shall be made by a combination warrant-bank check or draft warranted by the Manager or his designee, signed and counter-signed by the Treasurer, except that payroll checks may be signed by the Treasurer alone upon voucher and warrant of the Manager for a total payroll.
b.
The Manager shall prepare for each regular meeting of the Council a list of bills, claims and vouchers which have been approved for payment through the close of business on the second day preceding the meeting and since the last preceding list was compiled. Such list shall be prepared in sufficient quantity for each member of the Council and the Manager and at least one copy shall be filed with the Clerk as a public record open to inspection.
[Ord. No. 18-1982, A13, § 13.15]
a.
The Council shall appoint and retain a registered municipal accountant (RMA) of New Jersey to make an annual post audit of the books, accounts, cash, bank balances and financial functions of all department, offices and agencies of the Township and of procedures, controls, and records pertaining thereto in accordance with State laws and regulations and generally accepted auditing standards.
b.
The RMA shall render his report and recommendations on or before May 31 of each year, for the preceding calendar year, by filing the original with the Clerk.
c.
The Clerk shall prepare and publish a synopsis of the audit report, with the recommendations made by the RMA, and transmit the recommendations to the Mayor for distribution to affected administrative personnel. Publication shall be at least once in the official newspaper of the Township within 30 days after receipt of the report.
d.
The heads of all departments, offices and agencies cited in recommendations of the RMA shall forthwith comply therewith or, if unable to comply, shall submit their reasons in writing to Mayor and Council within 30 days after receipt thereof.
[Ord. No. 18-1982, A14, § 14.1]
No officer or employee shall be interested directly or indirectly in any contract or job for work or materials or in the profits thereof, to be furnished or performed for the Township or for any public utility operating within the territorial limits of the Township.
[Ord. No. 18-1982, A14, § 14.2]
No officer or employee shall accept or receive directly or indirectly from any person or agency operating any public or private utility under franchise within the territorial limits of the Township, any frank or any pass, granted to the public generally.
[Ord. No. 18-1982, A14, § 14.3]
No candidate for office appointment or employment and no officer, appointee or employer shall directly or indirectly give or promise any office, position, employment benefit or thing of value to any person for the purpose of influencing or obtaining his political support and/or vote under the penalty of being disqualified to hold the office of employment to which elected or appointed.
[Ord. No. 18-1982, A14, § 14.4]
Any person who shall violate any provision of the above shall upon conviction thereof in a court of competent jurisdiction, forfeit his office.
[Ord. No. 18-1982, A14, § 14.5]
Any person convicted of a crime or offense involving moral turpitude shall be ineligible to assume any office, position or employment governed pursuant to this charter. Upon conviction thereof while in office, he shall forfeit his office, provided, that any such person, who in the opinion of the appointing authority (and the Civil Service Commission as to employment subject to the Civil Service law), has achieved a degree of rehabilitation such that his employment would not be incompatible with the welfare of society and the aims and objectives of the Township, may be considered eligible to apply for employment or to be continued in employment.
[Ord. No. 18-1982, A14, § 14.6]
The Council may remove any person hereafter elected or appointed to any office or position governed under this charter if:
a.
After lawful notice or process, he willfully refuses or fails to appear before any court, any legislative committee or the Governor.
b.
Having appeared, he refuses to testify or to answer any question regarding the property, government or affairs of the Township, or regarding his nomination, election, appointment of official conduct, on the ground that his answer would tend to incriminate him.
c.
He refuses to waive immunity from prosecution on account of any such matter in relation to which he may be asked to testify.
d.
No person removed from office pursuant to this subsection shall thereafter be eligible for election or appointment to any office or employment in the Township.
[Ord. No. 18-1982, A14, § 14.7]
a.
Every officer or employee who is entrusted with the receipt, custody or expenditure of monies shall be bonded in such manner and amount as shall protect the Township against financial loss due to dishonest or negligent conduct.
b.
Every officer or employee who is required by law to give bond shall execute it with sufficient surety and deliver it to the Township Clerk before entering upon the duties of his office or employment. The Clerk shall deliver his bond to the Treasurer.
c.
The office or position of any officer or employee who shall neglect to execute and deliver his bond as herein required, within 30 days after due notification of the obligation to do so, may be declared vacant by the Council on recommendation of the Mayor.
d.
Bonds may be individual, schedule or blanket. They shall be secured by a corporate surety authorized to do business in this State and shall be approved by the Township Attorney for legal form and sufficiency. All premiums shall be paid by the Township.
[Ord. No. 18-1982, A14, § 14.8]
Every officer or employee shall, upon termination, deliver forthwith to his successor or if there be no successor, to the Manager, all monies, papers, books, memoranda, accounts and data pertaining to his office.
[Ord. No. 18-1982, A14, § 14.9]
Every officer and employee whose compensation is established on a full-time basis shall devote his entire time during business hours to the duties of his office.
[Ord. No. 18-1982, A14, § 14.10]
In the event of the temporary absence or disability of any administrative officer or employee or, in the event of a vacancy in any office, the Manager or Deputy Manager may designate a qualified person to serve in such office temporarily in an acting capacity and any such appointee shall have all the functions, powers and duties of any incumbent until such absence or disability terminates or such vacancy is filled by appointment.
[Ord. No. 18-1982, A14, § 14.11]
a.
All of the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department and/or the Township generally, shall be carefully and conveniently filed, kept, and preserved, and be and remain the sole property of the Township 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. The Manager generally, and each department head specifically for his department shall be responsible for enforcing the requirements of this section. This section shall be subject to the provisions of "Destruction of Public Records Law" (1953) N.J.S.A. 47:3-15 et seq.;
b.
All public documents and records shall, during office hours, be open, to public search, inspection, examination and copying subject to and within the limits prescribed by law, N.J.S.A. 47:1A-1 et seq., and provided that such search, inspection and examination may be made under such regulations as the officer having custody of such record, books, and documents, shall establish for the safety and preservation thereof.
[Ord. No. 18-1982, A14, § 14.12]
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 Manager may prescribe, with the approval of the Council, except as otherwise provided by law. In the event of an emergency, as declared by the Manager and the Mayor, all departments shall provide municipal services for 24 hours a day. The Manager or department head may require any officer or employee to be in attendance for work on any day or days whenever he determines that a public exigency or emergency so requires.
[Ord. No. 18-1982, A14, § 14.13]
A member of any board or committee who does not have a statutory term or tenure of office, and who has been absent unexcusably from three successive regular meetings of such board or committee may be removed from office by Council after notice and an opportunity to explain the absences.
[Ord. No. 18-1982, A14, § 14.14]
The Township Manager shall prepare general administrative rules and policies in conformity with Civil Service requirements and existing contracts concerning the departments and employees of the Township which rules and policies shall include but not be limited to provisions governing the following:
a.
The classification of all Township positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances;
b.
A pay plan for all Township positions;
c.
The policies and procedures regulating reduction in force and removal of employees;
d.
The hours of work, attendance regulations and provisions for sick and vacation leave;
e.
The policies and procedures governing persons holding provisional appointments;
f.
The policies and procedures relationships with employee organizations;
g.
Policies regarding in service training programs;
h.
Grievance procedures, including procedures for the hearing of said grievances;
i.
Other practices and procedures necessary or desirable to the administration of a sound personnel system.
[Ord. No. 18-1982, A14, § 14.15]
In addition to those functions, duties and services specifically assigned to the Township departments and employees by this Code, all departments and employees thereof shall have such further duties, functions and services as shall be required under the supervision, order and direction of the Manager, or by the Council pursuant to adoption of an Ordinance and/or Resolution.
[Ord. No. 03-2012]
a.
Residency requirement for employment. Every person now or hereafter employed by the Township of Weehawken is hereby required, as a condition of his or her employment, or continued employment, as the case may be, to have a place of abode in the Township of Weehawken and to be a bona fide resident herein, except as may otherwise be provided herein or by law. A bona fide resident for the purpose of this subsection is a person having a permanent domicile and his or her primary residency within the Township, and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Township's boundaries.
b.
Exceptions.
1.
The Township Council may, in its discretion, for good cause, permit any employee of the Township to remain in the employment of the Township without complying with the provisions hereof, where:
2.
Whenever the Township Council shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions, the Township may hire from other qualified applicants, classifying all qualified applicants for such positions in the following order of priority:
3.
Notwithstanding the requirement of residency herein, a nonresident of the Township may be employed as counsel, attorney, engineer, health officer, auditor or comptroller pursuant to N.J.S.A. 40A:9-1.11.
c.
Penalty. Failure of any employee to comply with the residency requirement of this subsection shall be considered good and sufficient cause for his or her discharge from the Township's employment.
[Ord. No. 18-1982, A15, § 15.1]
All references in any prior Ordinance to the Township Committee, Board of Health, or any board, body, department or office, shall be taken and construed to mean such board, body, officer or office to which the respective functions, powers and duties are allocated and assigned by the Charter or this Code.
[Ord. No. 18-1982, A15, § 15.2]
Until otherwise provided by general Salary Ordinance rates of compensation established for persons holding office or employment on the effective date of this Code shall be continued with respect to the office or employment which they respectively, may be transferred.
[Ord. No. 18-1982, A15, § 15.3]
On January 1, 1982 all administrative functions, powers and duties and the personnel engaged therein, and all records and property of the Township relating thereto, except as otherwise provided by this Code, are transferred to the respective departments, division offices, and agencies to which they are allocated and assigned by this Administrative Code.
[Ord. No. 18-1982, A15, § 15.4]
Pension rights and pension fund membership of any officer or employee shall not, without his consent, be adversely affected by any transfer pursuant to this chapter. The manager shall provide, by appropriate regulation, for necessary records, contribution controls and otherwise for the further protection of the pension and rights and pension-fund membership of officers and employees in accordance with this section, as may be necessary.
[Ord. No. 18-1982, A15, § 15.5]
Any function, office or employment not reconstituted or continued by this chapter shall be deemed abolished.
[Ord. No. 18-1982, A15, § 15.6]
All ordinances and resolution heretofore adopted by the Township and in force and effect as of January 1, 1982 shall remain in full force and effect only to the extent that they are not inconsistent with the Charter and/or this Code.