[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.