[New]
The Municipal Clerk shall be appointed for a three (3) year
term by the Board of Commissioners in accordance with the provisions
of N.J.S.A. 40A:9-133 et seq. No person shall be appointed as the
Municipal Clerk unless that person holds a Registered Municipal Clerk
Certificate issued pursuant to N.J.S.A. 40A:9-133.3. The term of the
Municipal Clerk shall begin on the actual date on which the Clerk
is appointed. In the event of a vacancy in the office of Borough Clerk,
an appointment shall be made for a new term and not for the unexpired
term. The Borough Clerk's salary shall be established in the Salary
Ordinance.
[New]
The Municipal Clerk shall have the following powers and duties:
a. Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The Board of Commissioners
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
b. Act as secretary to the Board of Commissioners, prepare meeting agendas
at the discretion of the Board, be present at all meetings of the
Board, keep a journal of the proceedings of every meeting, retain
the original copies of all ordinances and resolutions, and record
the minutes of every meeting;
c. Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
d. Serve as the chief registrar of voters in the municipality, subject
to Title 19 of the New Jersey Statutes Annotated;
e. Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or municipal ordinance has delegated
that responsibility to some other municipal officer;
f. Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the Revised Statutes;
g. Perform such other duties as are now or hereafter imposed by statute,
regulation or by municipal ordinance or regulation.
[Ord. 1/1/68 § 1;
40A: 9-135; New]
a. Appointment; Term. There shall be a Deputy Borough Clerk appointed
by the Board of Commissioners to hold office for the term of one (1)
year.
b. Duties. It shall be the duty of the Deputy Borough Clerk generally
to aid and assist the Borough Clerk in the performance of the duties
of the office and in such manner as the Borough Clerk shall direct.
c. Compensation. The salary for the Deputy Borough Clerk shall be established
in the Salary Ordinance.
[Ord. 3/10/71 §§ 1—3; Ord. No. 89-4 § 1]
Pursuant to N.J.S.A. 40A:9-136, the office of Business Administrator
is created in and for the Borough of Allenhurst.
The Business Administrator shall be appointed by a majority
vote of the Governing Body.
The Business Administrator shall be the Chief Administrative
Officer of the Borough of Allenhurst and at all times shall be under
the supervision of and responsible to the Board of Commissioners in
all actions relative to the duties and responsibilities of said office
to the extent not prohibited by law.
[Ord. 3/10/71 § 4]
The Business Administrator shall, subject to the approval of
the Commissioner in charge of the particular department in which the
employee is employed or to be employed:
a. Supervise the duties of employees.
b. Assign and reassign employees to two (2) or more departments.
c. Assign and reassign various duties to employees.
d. Hire and discharge employees for whose selection and removal there
is no other method provided by statute or ordinance.
e. Report all appointments and removal at the next meeting thereafter
of the Board of Commissioners.
[Ord. 3/10/71 § 5]
The Business Administrator in carrying out the responsibilities
of the office shall develop, promulgate and implement, with the approval
of and as directed by the Board of Commissioners, sound administrative,
personnel and purchasing practices and procedures for all departments,
offices and agencies of the Borough, and shall to that end:
a. Study, recommend, implement and supervise the personnel organization,
administrative procedures, purchasing procedures, financial procedures
and the policies of the Borough relative thereto following consultation
with department heads and officers.
b. Study, recommend, implement and supervise procedures and policies
of the Borough, its departments and officers for the receipt, dissemination
and collation of information and communications and the responses
thereto, following consultation with department heads and officers.
c. Study, recommend, implement and supervise procedures and policies
of the Borough and its departments for the coordination, compiling,
editing and prompt dissemination and release of public information.
d. Make studies and surveys of such municipal problems of the Borough
as shall be assigned to the Business Administrator by the Board of
Commissioners and prepare and submit written reports of his findings
and determinations to the Board for their consideration and action.
The Business Administrator shall be responsible to see that any complaints
concerning the functions and obligations of the Borough made by any
of its residents, citizens or taxpayers are promptly attended to and
a written record kept of such complaints when made, and when and what
action was taken in response thereto and present a copy of such written
record to each member of the Board of Commissioners.
e. Conduct a continuous study of all activities and operations of the
Borough government and recommend such changes as he/she shall deem
necessary to increase the efficiency and effectiveness of the Borough
government.
f. Assist the Board of Commissioners in the preparation of the annual
Borough operating and capital budgets to be considered and adopted
by the Board of Commissioners.
g. Maintain records of all property owned by the Borough and have custody
of all municipal property, real and personal, not assigned to any
other department or office.
h. Assign office space, furniture and facilities among and with the
department.
i. Refer all requests for municipal services to the appropriate department
or officer.
j. Attend all public meetings of the Board of Commissioners and any
other meetings wherever such meetings may be held when so requested
by the Board of Commissioners.
k. Keep the Board informed as to Federal aid projects, State aid projects
and any other aid programs for which the Borough may qualify.
l. Perform such other duties as may be specifically assigned to the
Business Administrator by the Board of Commissioners.
[New]
Pursuant to N.J.S.A. 40A:9-140, the Board of Commissioners shall
appoint a Borough Engineer, who shall be a professional engineer licensed
by the State of New Jersey. The Borough Engineer shall be appointed
for a term of one (1) year. The Borough Engineer shall receive such
compensation as may be agreed on and determined by the Board of Commissioners.
[New]
The Engineer shall perform the duties prescribed by general
law and ordinance, and in addition shall:
a. Prepare, or have prepared, plans, designs and specifications for
public works and improvements undertaken by the Borough, either on
force account or by public contract.
b. Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
c. Provide technical and engineering advice and assistance to other
Borough departments as needed.
d. Upon the termination of service with the Borough, the Borough Engineer
shall surrender all papers, documents, memoranda, reports and other
materials relating to the administration of engineering duties.
[New]
Pursuant to N.J.S.A. 40A:9-139, the Borough Attorney shall be
appointed by the Board of Commissioners for a term of one (1) year.
He shall be an Attorney at Law of New Jersey, but need not be a resident
of the Borough. The Attorney shall be paid reasonable fees and charges.
[New]
The Borough Attorney shall give all legal counsel and advice
required by the Board of Commissioners or any member thereof and shall
in general serve as the legal advisor to the Board on all matters
of Borough business. The Attorney shall represent the Borough in all
judicial and administrative proceedings in which the Borough or any
of its officers or agencies may be a party or have an interest. In
furtherance of the Attorney's general powers and duties, but without
limiting them, the Attorney shall, upon request of the Board of Commissioners,
any Director, the Borough Clerk or the Business Administrator:
a. Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
b. Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough.
c. With the approval of the Board of Commissioners, compromise or settle
litigation to which the Borough is a party.
d. Render opinions in writing upon questions of law submitted to him
by the Board or any member thereof with respect to their official
powers and duties.
e. Supervise and direct the work of additional attorneys and technical
and professional assistants which the Board may authorize for special
or regular employment in or for the Borough.
[New]
The Borough Attorney shall receive such compensation as the
Board of Commissioners may determine.
[Ord. No. 99-07 § 1]
There is hereby created by the Borough of Allenhurst the positions
of Public Defender and Assistant Public Defender. Pursuant to N.J.S.A.
2B:24-1 et seq., a municipality is authorized to appoint a Municipal
Public Defender. The Municipal Public Defender and Assistant Public
Defender shall provide all necessary and desirable legal counsel and
advice required for the defense of all cases in the Municipal Court
of the Borough of Allenhurst on behalf of those indigent defendants
who are entitled by law to appointment of counsel. The classification
as to indigency shall be made by the Municipal Court Judge on a case
by case basis. The Municipal Public Defender and Assistant Public
Defender shall be attorneys-at-law, licensed to practice in the State
of New Jersey, but need not reside in the Borough of Allenhurst.
[Ord. No. 99-07 § 2]
The Public Defender and Assistant Public Defender shall be appointed
by the Mayor with the advice and consent of the Board of Commissioners.
The term shall be for one (1) year effective January 1 of each year
until December 31 of the same year, and until such time as a successor
shall be appointed and qualified.
[Ord. No. 98-13 §§ 1—4; Ord. No. 99-07 § 3]
a. The Borough of Allenhurst shall pay for the services rendered to
an indigent defendant by the Municipal Public Defender or Assistant
Public Defender.
b. N.J.S.A. 2B:24-17 provides that a municipality may require a person
to pay a Municipal Public Defender Fee of not more than two hundred
($200.00) dollars per case.
c. The Public Defender fee shall be set forth as two hundred ($200.00)
dollars per case, made payable to the Borough of Allenhurst.
d. The Judge of the Municipal Court may waive any such required application
fee in whole or in part, if the Court determines, in its discretion,
that the application fee represents an unreasonable burden on the
person seeking such representation. The Municipal Court may permit
a person to pay the application fee over a specified period of time
not to exceed four (4) months.
e. Funds collected pursuant to this subsection shall be deposited in
a dedicated fund administered by the Chief Financial Officer and shall
be used exclusively to meet the costs incurred in providing the services
of a Municipal Public Defender including, when required, expert and
lay investigation and testimony.
f. If it is determined by the Division of Local Government Services
during its annual review of a municipal budget that the amount of
money in the dedicated fund established pursuant to this section exceeds
by more than twenty-five (25%) percent, the amount which the Borough
expended during the prior year providing the service of a Municipal
Public Defender, the amount in excess of the amount expended shall
be forwarded to the Criminal Disposition and Review Collection Fund
administered by Victims of Crime Compensation Board.
[Ord. No. 99-07 § 4]
The Public Defender or Assistant Public Defender shall receive
compensation as the Board of Commissioners may determine.
[N.J.S.A. 2B:25-1 et seq.; New]
Pursuant to N.J.S.A. 2B:25-1 et seq., the Board of Commissioners
may appoint an attorney-at-law as the Municipal Prosecutor, who shall
represent the Borough in every matter within the jurisdiction of the
Municipal Court.
[N.J.S.A. App A:9-40.1]
The Board of Commissioners shall appoint an Emergency Management
Coordinator who shall serve for a term of three (3) years.
[N.J.S.A. App. A:9-40.4; New]
The Emergency Management Coordinator shall be responsible for
the planning, activating, coordinating and the conduct of emergency
management operations within the Borough.
Whenever, in the opinion of the Coordinator, a disaster has
occurred or is imminent in the Borough, he shall proclaim a State
of Local Disaster Emergency within the Borough. The Emergency Management
Coordinator, in accordance with regulations promulgated by the State
Director of Emergency Management, shall be empowered to issue and
enforce such orders as may be necessary to implement and carry out
emergency management operations and to protect the health, safety
and resources of the residents of the Borough of Allenhurst.
[Ord. No. 96-14 § I]
The office of Zoning Officer is hereby created in and for the
Borough of Allenhurst.
[Ord. No. 96-14 § II]
The Zoning Officer shall be appointed by the Board of Commissioners
and shall serve in accordance with the provisions of N.J.S.A. 40:72-7.
[Ord. No. 96-14 § III]
The Zoning Officer shall at all times be under the supervision
of and responsible to the Board of Commissioners in all actions relative
to the duties and responsibilities of said office, to the extent not
prohibited by law.
[Ord. No. 96-14 § IV]
The Zoning Officer shall:
a. Have, perform and discharge all the functions, powers and duties
as may be prescribed by law for a Zoning Officer.
b. Take such actions as may be necessary to enforce the provisions of
the Developmental Regulations of the Borough of Allenhurst.
c. Receive applications for and issue zoning permits; issue nonconforming
use and structure certifications pursuant to the provisions of N.J.S.A.
40:55D-68.
d. Perform such duties as may be delegated in the Development Regulations
of the Borough of Allenhurst to an administrative officer.
e. Perform such other duties as may be assigned by ordinance or resolution
of the Board of Commissioners.
[Ord. No. 96-14 § V]
The Zoning Officer shall receive as compensation such sums as
may be fixed and adopted by the Board of Commissioners in the Salary
Ordinance or amendments thereto.
[Ord. No. 2015-18; Ord. No. 2016-07]
The Mayor and Commissioners of the Borough of Allenhurst does
hereby ordain and establish that the policy of the Borough of Allenhurst
will prohibit political contributions, as hereinafter defined, to
local Borough of Allenhurst candidates, local officials of political
action committees organized for the purpose of promoting or supporting
local Borough of Allenhurst candidates or local Borough of Allenhurst
parties, by business entities seeking the award of non-bid contracts
from the Borough of Allenhurst.
[Ord. No. 2015-18; Ord. No. 2016-07]
a. To the extent that it is not inconsistent with State or Federal law,
the Borough of Allenhurst and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract to procure "professional services" as such term is defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "Professional
Services"), nor "extraordinary unspecified services" as such term
is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service from any business entity
if such business entity has solicited or made any contribution to
(i) a candidate for public office of the Borough of Allenhurst, or
a candidate committee or joint candidates committee of any candidate
for elective municipal office in Borough of Allenhurst or a holder
of public office having ultimate responsibility for the award of a
contract, or (ii) to any Borough of Allenhurst political committee
or Borough of Allenhurst political party committee, or (iii) to any
political action committee that is organized for the purpose of promoting
or supporting Borough of Allenhurst candidates or Borough of Allenhurst
officeholders (hereinafter referred to as "PAC"), in excess of the
thresholds specified in paragraph d. within one calendar year immediately
preceding the date of the contract or agreement.
b. No professional business entity which enters into negotiations for,
or agrees to, any contract or agreement with the Borough of Allenhurst
or any department or agency thereof or of its independent authorities
for the rendition of professional services shall knowingly solicit
or make any excess contribution of money, or pledge of a contribution,
including in-kind contributions, to any (i) Borough of Allenhurst
candidate or holder of the public office having ultimate responsibility
for the award of the contract, or to (ii) any Borough of Allenhurst
Party Committee, or to (iii) any PAC between the time of first communications
between that business entity and the Borough regarding a specific
professional services agreement and the later of the termination of
negotiations or the completion of the contract or agreement.
c. For purposes of this section, a "business entity" seeking a public
contract means an individual including the individual's spouse, if
any, and any child living at home; person; firm; limited liability
company; corporation; professional corporation; partnership; organization;
or association. The definition of a business entity includes all principals
who own ten (10%) percent or more of the equity in the corporation
or business trust, partners, and officers in the aggregate employed
by the entity as well as any subsidiaries directly controlled by the
business entity.
d. The monetary thresholds of this Ordinance are: (i) a maximum of $300.
per calendar year each for any purpose to any candidate or candidate
committee for Mayor or Commissioner, or $500. per calendar year to
any joint candidates committee for Mayor or Commissioner, or $300.
per calendar year to a political committee or political party committee
of the Borough of Allenhurst; (ii) $500. maximum per calendar year
to any Borough of Allenhurst "PAC". However, for each business entity
party to a contract for professional or extraordinary unspecified
services as that term is defined in the Local Public Contracts Law,
engaged in negotiations for a contract defined in paragraph a, when
such business entity's contribution is aggregated with all "persons"
described in subparagraph (c) above, by virtue of their affiliation
to that business entity, a maximum of $2,500. to all Borough of Allenhurst
candidates, Borough of Allenhurst candidate committees, joint Borough
of Allenhurst candidate committees, and holders of public office having
ultimate responsibility for the award of a contract, all Borough of
Allenhurst political committees and Borough of Allenhurst political
party committees as described herein combined, without violating paragraph
a. of this section.
[Ord. No. 2015-18; Ord. No. 2016-07]
The contribution limitations prior to entering into a contract in subsection
2-13.2 above do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6.
[Ord. No. 2015-18; Ord. No. 2016-07]
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
Borough of Allenhurst candidate for Commissioner, or Borough of Allenhurst
Party Committee or PAC shall be deemed a violation of this section,
nor shall an agreement for property, goods, or services, of any kind
whatsoever, be disqualified thereby, if that contribution was made
by the business entity prior to the effective date of this section.
Editor's Note: Section
2-13 was adopted December 8, 2015 by Ord. No. 2015-18 and amended in entirety June 14, 2016 by Ord. No. 2016-07)
[Ord. No. 2015-18; Ord. No. 2016-07]
a. Prior to awarding any contract or agreement to procure services with
any professional business entity, the Borough or any of its purchasing
agents or agencies, as the case may be, shall receive a sworn statement
from the professional business entity made under penalty of perjury
that the bidder or offeror has not made a contribution in violation
of Section l of the Act. Said form shall be in the form as provided
under N.J.S.A. 19:44A-20.26.
b. The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. No. 2015-18; Ord. No. 2016-07]
A professional business entity, or Borough candidate or officeholder or Borough of Allenhurst Committee or PAC may cure a violation of subsection
2-13.2 of this section, if, within thirty (30) days after the election, the professional business entity notifies the Mayor and Commissioners, in writing, and seeks and receives reimbursement of a contribution from the Borough of Allenhurst candidate or officeholder, Borough of Allenhurst Political Party, or PAC.
[Ord. No. 2015-18; Ord. No. 2016-07]
a. All Borough of Allenhurst agreements subject to the provisions of this ordinance shall provide that it shall be a breach of the terms of the government contract for a business entity as defined in subsection
2-13.2c to violate subsection
2-13.2b or to knowingly conceal or misrepresent contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b. Any professional business entity as defined in subsection
2-13.2c who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Borough of Allenhurst contracts for a period of four (4) calendar years from the date of the violation.
[Ord. No. 2016-07]
If any provision of this section, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this section to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby,
and to this extent the provisions of this section are severable.
[Ord. No. 2016-07]
This section shall become effective twenty (20) days following
the final adoption thereof by the Board of Commissioners of the Borough
of Allenhurst and shall be published as required by law.
Editor's Note: Ordinance No. 2016-07, codified herein, was adopted
June 14, 2016.
[Ord. No. 90-19 AI, AII;
New]
a. Established. The office of Sewer Collector is hereby created in and
for the Borough of Allenhurst.
b. Appointment; Vacancy; Absence or Disability.
1. The Sewer Collector shall be appointed by the Board of Commissioners
and shall serve for a term of one (1) year.
2. Any vacancy in the office of Sewer Collector shall be filled by appointment
of the Board of Commissioners.
3. In the event of the absence or disability of the duly appointed Sewer
Collector, the Municipal Tax Collector shall perform the duties of
this office during such absence or disability. Such absence or disability
shall be limited to three (3) months, after which time such absence
or disability may be deemed a vacancy.
c. It shall be the duty of the Sewer Collector to collect sewer rents
imposed upon customers of the sewer utility of the Borough of Allenhurst.