Borough of Midland Park, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #630; 1973 Code § 3-1]
The office of Administrator is here-by created in and for the Borough by and subject to the provisions of this section and in accordance with N.J.R.S. 40A:9-136, 40A:9-137 and 40A:9-138, inclusive.
[Ord. #630; 1973 Code § 3-2]
a. 
The Administrator shall be appointed by the Mayor with the advice and consent of the Council. If the Mayor fails to nominate within thirty (30) days after the office of Administrator is created and after the office becomes vacant or if the Council fails to confirm any nomination made by the Mayor, then after the expiration of thirty (30) days, the Council shall appoint an Administrator. At least three (3) affirmative votes shall be required for such appointment.
b. 
The Administrator shall serve at the pleasure of the Borough Council and may be removed from office in accordance with the provisions of N.J.R.S. 40A:9-138. Any vacancy shall be filled in the manner of the original appointment for the unexpired term.
[Ord. #630; 1973 Code § 3-3]
The Administrator shall receive such compensation as shall be fixed by the general Salary Ordinance[1] of the Borough.
[1]
Editor's Note: A copy of the Salary Ordinance is on file in the office of the Borough Clerk.
[Ord. #630; 1973 Code § 3-4; Ord. #772, § 1]
The Administrator need not be a resident of the Borough.
[Ord. #630; 1973 Code § 3-5; Ord. #782, § 1; Ord. #2-89, § 1]
It shall be the duty of the Administrator, under the supervision and control of the Mayor and Council and to the extent not prohibited by law, to:
a. 
Act as liaison between the Mayor, Council and all boards and departments of the Borough government.
b. 
Be responsible for the maintenance of sound personnel policies and administrative practices and study and make recommendations to the Mayor and Council in respect to the personnel organization and policies of the Borough and any of its departments after consultation with department heads.
c. 
To aid in the preparation of the budget, alert department heads to the submission of their portion thereof and assist independent Councilmen in contributing their share of the responsibility for the municipal budget.
d. 
Advise the Mayor and Council on all background material as an aid to the establishment of policy.
e. 
Edit and compile public information releases upon instruction from the Mayor and/or Council and advise the Mayor and Council on matters affecting public relations.
f. 
Attend all public and executive meetings of the Borough Council, when requested.
g. 
Establish and maintain vacation, holiday, sick leave and similar schedules and appropriate records and reports, subject to such general policies as may be established by the Borough Council.
h. 
Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.
i. 
See that all terms and conditions imposed in favor of the Borough or its inhabitants in any Statute, public utility franchise or other contracts are faithfully kept and performed and, upon knowledge of any violation, call the same to the attention of the Borough Council.
j. 
Study the governmental and administrative operations and needs of the Borough government and prepare and recommend to the Council for adoption such plans, programs and measures as the Administrator may deem necessary or expedient to meet and present any foreseeable needs.
k. 
Represent the Borough and assert its proper interests in relation to the United States, the State of New Jersey and other political subdivisions and their respective agencies, including but not limited to proposed legislative enactments and available grant-in-aid or subsidy programs for which the Borough may qualify, in all of such matters subject to the direction of the Council.
l. 
Perform such other duties as may be specifically assigned to the Administrator by the Mayor and/or Borough Council.
m. 
Act as Borough Purchasing Agent.
n. 
Prepare and supervise all payroll procedures and be responsible for the payment of all employees of the Borough.
[New]
The Clerk shall perform the duties enjoined upon him by the New Jersey Statutes Annotated. (See N.J.S.A. 40:87-54.)
[Ord. #826, § 1]
The Borough Clerk need not be a resident of the Borough.
[Ord. #765, §§ 1—5; Ord. #795, § 1]
a. 
Office Created. The Mayor and Council may appoint a Deputy Borough Clerk for the Borough.
b. 
Appointment; Term of Office.
1. 
The Deputy Borough Clerk shall be appointed by the Mayor with the advice and consent of the Council. If the Mayor fails to nominate within thirty (30) days after the office of Deputy Borough Clerk is created and after the office becomes vacant or if the Council fails to confirm any nomination made by the Mayor, then after the expiration of thirty (30) days, the Council shall appoint a Deputy Borough Clerk.
2. 
Unless otherwise provided by law, the Deputy Borough Clerk shall serve at the pleasure of the Mayor and Borough Council and may be removed from office in accordance with law.
c. 
Compensation. The Deputy Borough Clerk shall receive such compensation as shall be fixed by the general salary ordinance of the Borough.
d. 
Qualifications. No person shall serve as Deputy Borough Clerk unless he shall be of good moral character and shall be deemed qualified for that position by the Mayor and Council.
e. 
Duties.
1. 
During the absence or disability of the Borough Clerk, the Deputy Borough Clerk shall have all the powers of the Borough Clerk and shall perform the functions and duties of such office.
2. 
The Deputy Borough Clerk shall perform such other functions and duties as shall be assigned by the Borough Clerk or by the Mayor and Council as the case may be.
[Ord. #641; 1973 Code § 3A-1]
There is hereby established the office of the Borough Tax Assessor, which office shall consist of an Assessor and such other clerical help and personnel as shall be necessary to properly conduct the business of the office of Assessor. The Assessor shall be appointed pursuant to the terms of N.J.S.A. 40A:9-146 et seq.
[Ord. #641; 1973 Code § 3A-2]
The salary of the Assessor and any clerical personnel shall be determined and fixed by the Salary Ordinance.[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the office of the Borough Clerk.
[Ord. #641; 1973 Code § 3A-3]
a. 
The Assessor shall perform such duties as are or may be required by the laws of the State of New Jersey.
b. 
The Assessor shall perform such duties as may be required by the Mayor and Council which are not inconsistent with the duties as Tax Assessor. The Assessor shall be the custodian of all Borough property pertaining to his office.
c. 
The Assessor shall perform his duties during the days and hours established for the performance of such duties. The Assessor shall cooperate with and render assistance to other offices within the Borough and any municipal official or officials.
d. 
The Assessor shall account to and be responsible for the proper expenditure of the funds allotted to him in the municipal budget and shall comply with all procedures established by the governing body for the expenditure of municipal funds.
[Ord. #668; 1973 Code § 30-1]
There is hereby established for the Borough the position of Public Defender.
[Ord. #668; 1973 Code § 30-2]
A Public Defender shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one (1) year and until his successor is appointed and qualifies.
[Ord. #16-94, § 1; Ord. #2-98, § 1]
a. 
In order to obtain the services of the Public Defender, an application must be filed with the Municipal Court on a form to be provided by the Borough. The Municipal Court Judge shall make a decision as to whether a defendant is indigent after reviewing each defendant's application. This determination shall be based upon whether the defendant has the present financial ability to secure competent legal representation and to provide all other necessary expenses of representation.
b. 
Application Fee for Use of Service of Municipal Public Defender. Any applicant applying for representation by the Municipal Public Defender shall be required to pay an application fee of two hundred ($200) dollars. Such fee shall be required to be paid upon application or within the discretion of the Municipal Court Judge over a period not to exceed four (4) months. The Municipal Court Judge shall have the right to waive the fee, or part of the fee, only upon a clear and convincing showing that the application fee represents an unreasonable burden on the person seeking representation.
c. 
The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services to him. In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, then the fee shall become a lien and the Borough may collect the fee consistent with N.J.S.A. 40A. 40:6A-1, N.J.S.A. 2A:158A-19 or in any manner as permitted by law.
[Ord. #31-89, § 1]
Pursuant to the provisions of N.J.S.A. 40A:9-140.10, there is hereby established within the Borough the position of Chief Financial Officer.
[Ord. #31-89, § 2]
The Chief Financial Officer shall be appointed by the Mayor with the advice and consent of Council.
[Ord. #31-89, § 3; Ord. #21-91, § 1]
The Chief Financial Officer shall serve at the pleasure of the Mayor and Council.
[Ord. #31-89, § 4]
The compensation of the Chief Financial Officer shall be established and may be changed by ordinance.
[Ord. #31-89, § 5]
The Chief Financial Officer shall have the qualifications and certifications set forth in N.J.S.A. 40A:9-140.1 et seq., as same may be amended. Notwithstanding that any person qualified to hold office by virtue of N.J.S.A. 40A:9-140.13 shall be qualified to be Chief Financial Officer.
[Ord. #31-86, § 6]
The Chief Financial Officer shall be responsible for the administration and management of the finances of the Borough, including but not limited to, preparation of municipal budgets, preparation of financial statements, preparation of long-term capital budgetary and planning considerations, preparation or review of annual debt statements, attendance to short-term and long-term investments, approval and/or review of disbursements, attendant to record keeping for all cash receipts and cash disbursements, preparation of year end journal adjustments, reconciliation of bank accounts, coordination with the Borough Auditor, review and recommendation regarding the Borough Audit, administration of escrow and trust funds, review of collection procedures, and coordination with the Tax Collector.
[Ord. #3-94, § 1]
There is hereby established the position of Recreation Director. The Recreation Director shall be deemed a department head of the Borough, subject to the Mayor and Council and the Borough Administrator.
[Ord. #3-94, § 2]
The Recreation Director shall be appointed by the Mayor with the advice and consent of the Council.
[Ord. #3-94, § 3]
The Recreation Director shall serve at the pleasure of the Mayor and Council.
[Ord. #3-94, § 4]
The compensation of the Recreation Director shall be established and may be changed from time to time by salary ordinance of the Borough.
[Ord. #3-94, § 5]
The Recreation Director shall be responsible to plan, promote, organize and administer a comprehensive recreation service for the Borough, subject to the policies established from time to time by the Mayor and Council and shall perform such other duties as may be from time to time assigned by the Mayor and Council or Borough Administrator.
[New; Ord. #06-02, § 1]
The following positions have been established in compliance with State Statutes for the administration of government and to comply with State and local laws within the Borough:
Assessment Search Officer;
Assistant Treasurer;
Code Enforcement Official;
Deputy Registrar of Vital Statistics;
Emergency Management Coordinator;
Engineer;
Fire Official and Fire Inspectors;
Health Officer;
Library Board;
Recreation Advisory Board;
Recycling Coordinator;
Subcode Officials, including Building Subcode Official, Electrical Subcode Official; Fire Protection Subcode Official; Plumbing Subcode Official;
Tax Collector;
Tax Search Officer;
Zoning Officer.
[Ord. #03-02, § 1]
The term of office of the Borough Engineer shall be for one (1) year, which term shall run from January 1st in the year in which the Engineer is appointed.