[1]
Editor's Note: For State law as to Township officers generally,
see N.J.S.A. §§ 40:145-1 to 40:145-32.
[1967 Code § 2-2-1a; Ord. No. 12-27-77 § 1]
Pursuant to N.J.S.A. 40A-136 et seq., there is hereby created
the office of Business Administrator.
[1967 Code § 2-2-1b; Ord. No. 12-27-77 § 1; Ord. No. 2479-17 § 1]
The Business Administrator shall be appointed by majority vote
of the Township Committee on the basis of his/her executive and administrative
abilities and qualifications, with special regard to education, training
and experience in government affairs. He/she shall make his/her permanent
residence in the Township, within one year of the date of his/her
appointment, and shall during his/her term in office remain a resident
of the Township. Should he/she cease to be a resident for more than
ninety (90) days, his/her office may be deemed vacated. However, and
notwithstanding the foregoing, the Township Committee may, at any
time and in its discretion, waive this residency requirement by the
adoption of a Resolution, in circumstances and for reasons which it
deems appropriate and justifiable.
[1967 Code § 2-2-1c; Ord. No. 12-27-77 § 1]
The Business Administrator shall hold office at the pleasure
of the Township Committee. During the absence or disability of the
Business Administrator, the Township Committee may appoint an officer
or regular employee of the Township to perform his/her duties. If
he/she shall be absent or disabled for more than three (3) months,
his/her office may be deemed vacated. Any vacancy shall be filled
by appointment of the Township Committee.
[1967 Code § 2-2-1d; Ord. No. 12-27-77 § 1]
The Business Administrator may be removed by a two-thirds (2/3)
vote of the Township Committee, the resolution of removal to become
effective three (3) months after its adoption by the Township Committee.
The Township Committee may provide, however, that the resolution of
removal shall have immediate effect, provided that the Township Committee
shall cause to be paid to the Administrator forthwith any unpaid balance
of his/her salary and his/her salary for the next three (3) calendar
months following adoption of the resolution.
[1967 Code § 2-2-2; Ord. No. 12-27-77 § 1]
The Business Administrator shall, under the supervision and
control of the Township Committee:
a.
Be the Chief Administrative Officer of the Township and shall be
responsible to the Township Committee as a whole for the proper and
efficient administration of the business of the Township. His/her
duties and responsibilities shall relate to the general management
of all Township business, except those duties and responsibilities
conferred upon other Township officials by applicable laws, rules
and regulations, judicial authority, or Township ordinances. Except
for the purpose of inquiry, the Township Committee and its members
shall deal with the Township, administrative staff solely through
the Business Administrator, and neither the Township Committee nor
any member thereof shall give orders to any subordinates of the Business
Administrator either publicly or privately.
b.
Supervise and direct the business activities and functions of all
departments, boards, officials and employees of the Township and delegate
to any department head or Township employee such of his/her powers
as he/she may deem necessary for the effective administration of Township
business.
c.
Assist the Township Committee in its determination of policy and
make recommendations to the Township Committee as to such policies
and the adoption of such measures as he/she deems necessary or advisable
for the best interests of the Township. Such recommendations may include,
but are not limited to:
d.
Implement all policies established by the Township Committee.
e.
Keep the Township Committee informed as to the conduct of Township
matters, and submit periodic reports, either in writing or orally,
on the work of all departments and officials, the condition of the
Township finances, the physical condition of Township property and
such other reports, either in writing or orally, as the Township Committee
may request.
f.
Submit to the Township Committee, as soon as possible after the close
of the fiscal year, a complete written report on the administrative
activities of the Township for the preceding year.
g.
Represent the Township in its relations with the Federal, State,
County and other municipal governments, subject to the direction of
the Township Committee.
h.
Keep the Township Committee informed as to Federal and State aid
projects and any other aid programs for which the Township may qualify.
i.
Execute and enforce the laws of New Jersey and the ordinances and
resolutions of the Township.
j.
Prepare the agenda for each meeting of the Township Committee and
attend all Township Committee meetings and be prepared to advise with
respect to and discuss such business as may be raised in such meetings
with the right to participate in the discussions at such meetings.
k.
Attend meetings of such Township boards, agencies, advisory committees
or other Township entities as directed by the Township Committee.
l.
Receive copies of all general and official correspondence addressed
to the Township and Township officials and refer such correspondence
to the appropriate officials or department for disposition and reply.
m.
Implement and enforce the policies of the Township Committee with
respect to the compiling and release of public information.
n.
Receive complaints regarding services or personnel of the Township
and by himself/herself, or by an officer designated by him/her, investigate
and dispose of the complaints keeping a written record of each complaint
and when and what action was taken in response thereto and providing
the Township Committee with a copy of such records when so requested.
If any such complaint involves possible illegal acts, he/she shall
make same known to the appropriate law enforcement agencies.
o.
Serve as the personnel officer of the Township, and when he/she deems
it advisable or necessary and in the best interests of the Township,
and subject to the consent of a majority of the Township Committee,
and subject to applicable civil service and other regulations and
requirements of law:
1.
Hire Township employees;
2.
Promote or advance Township employees (subsequent to the satisfactory
completion of a probationary period, if any); and
3.
Suspend, discharge, remove or replace Township employees. The Business
Administrator shall report at the next meeting of the Township Committee
any action taken by him/her pursuant to this subsection.
p.
At the request of the Township Committee, study and analyze the duties
and responsibilities of, or investigate the performance of, any elected
or appointed official or department of the Township, submitting his/her
report relating thereto to the Township Committee for such further
action as the Township Committee may deem advisable.
q.
Establish and maintain effective personnel practices and maintain
appropriate records of all employees.
r.
Conduct preliminary negotiations for the Township in its labor matters
and advise the Township Committee as to such negotiations for their
final approval.
s.
Attend to the negotiation and award of Township contracts, and supervise
the performance and faithful execution of such contracts, except insofar
as such duties are expressly imposed by law upon some other Township
officer or official, and evaluate the Township's interest in contracts,
franchises and other business transactions.
t.
Obtain compliance with the provisions of all franchises, leases,
permits and privileges granted by the Township.
u.
Prepare and submit to the Township Committee before the close of
the fiscal year, or at such time as the Township Committee shall determine,
a proposed operating and capital budget for the next fiscal year and
an explanatory budget message. In preparing the proposed budgets,
he/she or an officer designated by him/her, shall obtain from each
officer or the head of each department, agency, or board, estimates
of revenues and expenditures and other supporting data as he/she requests.
The Business Administrator shall then review the estimates and may
raise them before submitting the proposed budget to the Township Committee.
v.
Be responsible for the administration of the budget after its adoption
by the Township Committee and the implementation of the work programs
contained in the budget, and maintain a continuing review and analysis
of budget operations, work programs and costs of Township services.
w.
Supervise the disbursement of all Township funds and review and approve
all vouchers and bills before their submission to the Township Committee
for final approval.
x.
Analyze the cash needs for the Township and recommend prudent investment
of such funds as temporarily may be in excess of the amount to meet
Township obligations, such duties to be discharged in consultation
with the Chief Financial Officer.
y.
Be the chief purchasing agent for the Township and develop procedures
for: the purchase of materials, supplies and equipment; the storage
and distribution of all supplies, materials and equipment; and the
control of all storerooms and stockrooms.
z.
Provide for the custody and deposit of all Township moneys.
aa.
See that all money owed the Township is promptly paid, and that proper
actions are taken for the security and collection of all Township
claims.
bb.
Perform such other duties as may be assigned to him/her by ordinance,
resolution or direction of the Township Committee.
[1]
Editor's Note: For State law authorizing Township to appoint
a Township Attorney, see N.J.S.A. § 40:145-12.
[1967 Code § 2-2-3; Ord. No. 4-7-69 § 1; Ord. No. 20-78 § 1; Ord. No. 4-79 § 1]
The Township Committee may by resolution appoint and employ
a competent Attorney-at-law of the State of New Jersey as Township
Attorney, to hold office until January 1 next following his/her appointment,
and until his/her successor is appointed and has qualified.
The Township Attorney shall be the legal advisor to the Township
Committee and Board of Health and to all boards, departments and agencies
of the Township except as provided otherwise by law, ordinance or
resolution. In furtherance of his/her general powers, and without
limitation thereto, the Township Attorney shall:
a.
Advise the Committee as to the form and sufficiency of all ordinances
and resolutions prior to their passage.
b.
Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Township.
c.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Township, or directed by the Committee.
d.
Subject to the approval of the Committee, have power to enter into
any agreement, compromise or settlement of any litigation in which
the Township is involved.
e.
Render opinions in writing upon any question of law submitted to
him/her by the Committee with respect to their official powers and
duties, or the powers and duties of any official of the Township.
f.
Maintain a record of all actions, suits, proceedings and matters
which related to the Township's interest, and report thereon as the
Committee may require.
g.
Furnish legal counsel and advice to the Township Committee, Board
of Health and other boards, departments and agencies of the Township.
h.
Have such other and different functions, powers and duties as may
be provided by ordinance or resolution of the Committee.
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Whenever the Township Committee deems the interests of the Township
so require, it may on its own or at the recommendation of the Township
Attorney appoint special counsel to do such jobs as it shall assign
to him/her. If the Township Attorney should be disqualified with respect
to any matter, the Committee, on its own or at the recommendation
of the Township Attorney, shall appoint special counsel to represent
the Township for and with respect to such matter.
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The Township Attorney shall receive a salary to be fixed by
the Township Committee for (a) attending twenty-two (22) regular meetings
per year of the Township Committee and Board of Health, (b) miscellaneous
routine advice and written opinions and conferences with the members
of the Township Committee and Board of Health and all other Township
officers and officials, and (c) preparation of all ordinances and
resolutions (except major ordinances and resolutions which exceed
ten (10) typed pages). For all other services which the Township Attorney
may render, as directed, authorized or approved by the Township Committee,
he/she shall receive, by way of compensation therefor and in addition
to his/her salary, such fees as may be recognized generally as reasonable
and appropriate for similar and equivalent services in similar and
equivalent proceedings, and as may be approved by the Township Committee.
The Township Attorney shall also be reimbursed for such disbursements
as he/she may necessarily or appropriately incur in the performance
of any of the services aforesaid.
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All papers, documents, memoranda, reports and all other materials
relating to its legal affairs shall be and remain the property of
the Township. Upon the termination of his services with the Township,
the Township Attorney shall forthwith surrender to his/her successor
all such property together with a written consent to substitution
of his/her successor in all legal actions and proceedings then pending
to which the Township is a party.
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[New; Ord. No. 17-97 § 1]
a.
Office
Created; Appointment; Term; Salary. There is hereby created the office
of Township Public Defender to be filled by a competent Attorney-at-law
of the State appointed by the Township Committee for a term of one
(1) year until the first day of January next following his or her
appointment and until his or her successor is appointed and has qualified.
The Township Public Defender shall receive such compensation as shall
be fixed by the Township Committee.
b.
Powers
and Duties. The Township Public Defender shall provide for the legal
representation of any indigent defendant in the Municipal Court of
the Township in accordance with P.L. 1997, c. 256.
[Ord. No. 5-94 § 1; Ord. No. 17-97 § 1]
A person applying for representation by the Township Public
Defender or court approved counsel shall pay to the Township Municipal
Court an application fee of not more than two hundred dollars ($200.00),
but only in an amount necessary to pay the costs of municipal public
defender services. In accordance with guidelines promulgated by the
Supreme Court, the Municipal Court may waive any 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 representation. The Municipal Court may permit a person
to pay the application fee over a specific period of time not to exceed
four (4) months.
[New]
The Township Committee may appoint and employ a competent Attorney-at-law
of the State as Municipal Court Prosecutor, to hold office until January
1 next following his/her appointment and until his successor is appointed
and has qualified. The Municipal Court Prosecutor shall perform such
legal services in connection with the prosecution of complaints before
the Municipal Court and the trial of appeals therefrom as may be required
under the direction and supervision of the Township Attorney.
[New]
For the appointment of and powers and duties of the Township
Clerk, refer to N.J.S.A. 40A:9-140 et seq. and N.J.S.A. 18A:17-31.
[New]
For the appointment of and powers and duties of the Chief Financial
Officer, refer to N.J.S.A. 40A:9-140.1 and N.J.S.A. 52:27BB-26.
[1967 Code § 2-2-4]
There is hereby created the office of Township Engineer, to
be filled by appointment by the Township Committee.
[1]
Editor's Note: For State law authorizing a municipality to
appoint a Township Engineer, see N.J.S.A. § 40:145-12. As
to tenure of office, etc., see N.J.S.A. §§ 40:145-13.1,
40:145-13.2.
[1967 Code § 2-2-5]
No person shall be appointed to the office of Township Engineer
who, at the time of his/her appointment, shall not be a duly qualified
professional engineer and certified Municipal Engineer who has been
and is licensed by the State as provided by law. The Township Engineer
shall perform such services, having to do with municipal engineering,
with the planning, laying out, construction, maintenance, inspection
or supervision of public improvements and works, or other matters
of similar character as may be referred to him/her by the Township
Committee, Business Administrator, or any other board, committee,
commission or department of the Township. He/she shall prepare and
revise the tax and assessment maps of and for the Township. He/she
shall, whenever requested by the Township Committee, Business Administrator
or any other board, committee, commission, or department of the Township,
furnish his/her professional advice, suggestions or opinions upon
any municipal engineering matter or question submitted to him/her.
He/she shall prepare all estimates, proposals for bidders and certificates
required in connection with any public contact. Neither he/she, nor
any of his/her full-time assistants, shall, directly or indirectly,
render any professional advice or services other than to or on behalf
of the Township, or to a board, commission, committee or department
thereof.
[1967 Code § 2-2-7]
In and for the purposes of such projects, operations or other
municipal activities requiring, in the discretion of the Township
Committee, additional engineering services, advisory, supervisory
or supplemental in character, the Township Committee may employ the
services of a duly qualified professional engineer for the purpose
or purposes aforesaid, upon such compensation as may be fixed by contract
between such engineer and the Township.
[New]
For the appointment of and powers and duties of the Tax Collector,
refer to N.J.S.A. 40A:9-141 et seq.
[New]
There is hereby created the office of the Superintendent of
Public Works in the classified service, in accordance with State law.
The Superintendent shall be appointed by the Business Administrator
with the consent of the Township Committee, subject to law, and shall
be subject to removal as provided by law.
[New]
The Superintendent of Public Works shall, in addition to the
functions, powers and duties that are conferred and imposed upon him
by law and ordinance:
a.
Have full charge and management of the Department of Public Works,[1] and of the employees in the department subject to the
direction of the Business Administrator. Such charge shall include
the power to supervise employees within the Department subject to
law and the power to prepare rules and regulations with the initial
and continued approval of the Business Administrator with respect
to the management and conduct of the employees of the department.
b.
Have direct charge and management of the maintenance and/or repair
of all streets, sewers, drainage, shade trees, parks, and other like
operations performed by the Township. In addition he shall coordinate
the work of the Department with the work of other Departments and
Township officers by whom the services of the Department are required.
[Ord. No. 22-81 § 1]
There is hereby created the office of Director of Recreation
in the unclassified service, pursuant to N.J.S.A. 11:22-2(d), who
shall be appointed by resolution of the Committee. The term of office
shall be one (1) year, commencing January 1 of each year and until
the appointment and qualification of his/her successor. The Director
of Recreation shall be subject to removal as provided by law, and
shall receive such compensation for his/her services as the Committee
shall by ordinance provide. The Director of Recreation shall be head
of the Department, and in addition to the functions, powers and duties
that are conferred and imposed upon him/her by law and ordinance,
shall:
a.
Have full charge and management of the Department of Recreation,
and of the other officers and employees in the Department subject
to the Civil Service Law. Such charge shall include the power to hire,
fire, discipline and promote employees within the Department subject
to law and the power to prepare rules and regulations with respect
to the management and conduct of the officers and other employees
of the Department.
b.
Keep accurate records and books of account of all his/her transactions
as Director and of the work and transactions of his/her office. The
Director of Recreation shall prepare budget recommendations for the
Department and shall have full charge and management of the properties
and equipment belonging or assigned to the Department.
c.
Render to the Township Committee such reports, recommendations, drawings
or other documents as may be required, at regularly stated intervals
or upon special request therefor and hold himself/herself available
for consultation and advice to all Township officials and Township
boards or commissions, and shall prepare and present to the Township
Committee short- and long-range planning recommendations for the development
and improvement of the Township.
d.
Have direct charge and management of recreational functions for which
the Township is responsible. In addition, the Director of Recreation
shall coordinate the work of the Department with the work of other
departments and Township officers by whom the services of the Department
are required.
[Added 10-19-2021 by Ord. No. 2588-21]
There is hereby established the part time position of Qualified
Purchasing Agent who shall serve no specific term.
Compensation for the position of Qualified Purchasing Agent
shall be set within the Millburn Township Salary Ordinance.
a.
An individual shall be considered a qualified purchasing agent pursuant
to N.J.S.A. 40A:11-9b to exercise the supplemental authority as set
forth in N.J.S.A. 40A:11-3 and 40A:11-4.3 or N.J.S.A. 18A:18A-3 and
18A:18A-4.3 upon meeting the criteria relevant to the individual as
set forth in N.J.S.A. 40A:11-9.
b.
To meet the criteria of required training courses set forth in N.J.S.A.
40A:11-9b (5), an applicant shall successfully complete the following
courses, provided by the Center for Government Services at Rutgers,
the State University, by the Division of Local Government Services,
or, with the approval of the director, an alternative state university
or county college:
1.
Principles of Public Purchasing I;
2.
Principles of Public Purchasing II;
3.
Principles of Public Purchasing III;
4.
Municipal Finance Administration, or either of the following courses:
Municipal Finance Administration for Municipal Clerks or Municipal
Finance Administration for Purchasing Agents; and
5.
For individuals applying for a qualified purchasing agent certificate
after June 30, 2014, Environmentally Preferable Procurement.
c.
There shall be no specific hours of work for the position of Qualified
Purchasing Agent; however, said position shall require the coordination
and certification of all purchases by the Township within the confines
of the Local Public Contracts Law;[1] and abide by the bid thresholds as contained therein.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
d.
Prepare, as needed, reports; establish and maintain files.
e.
Maintain renewal of state issued certification.
f.
Perform any and all other duties as may be required.
g.
The position of Qualified Purchasing Agent will be appointed by the
Township Committee on an annual basis.
