[1]
Editor's Note: For statutory qualifications of a Municipal
Manager including his required residency in the Municipality during
his tenure of office unless otherwise approved by the Council, see
N.J.S.A. 40:69A-92. For statutory powers and duties of the Manager,
as set forth in the Optional Municipal Charter Law, see N.J.S.A. 40:69A-95
to 40:69A-98 incorporated by reference in N.J.S.A. 40:69A-81.
[1978 Code § 2-5.1]
The Township Manager shall be appointed by the Council. The
Township Manager shall be appointed and may be removed in accordance
with the Charter. The Manager shall receive such compensation as shall
be provided by ordinance, payable as other municipal salaries are
paid unless and until otherwise provided by ordinance.
[1978 Code § 2-5.2]
Pending the appointment of a Manager who shall be fully qualified
and in permanent status subject to law, the Council may appoint an
acting Township Manager to serve until the permanent appointment of
a Manager is made or at the pleasure of the Council. All appointments
made by the acting Township Manager shall expire at his pleasure or
in any event, when his successor is appointed.
[1978 Code § 2-5.3]
The Township Manager shall hold office for an indefinite term,
and may be removed by a majority vote of the council as provided by
law.
[1]
Editor's Note: For Statutory provisions relating to the term
of office, see N.J.S.A. 40:69A-93.
[1978 Code § 2-5.4]
b.
The Manager shall be the chief executive and administrative officer
of the Township and shall see that all ordinances, resolutions and
policies of the Council and all State laws which are subject to enforcement
by municipal action are faithfully enforced and executed. The Manager
shall:
1.
Represent the municipality and assert its proper interests in relation
to the State and other political subdivisions, and with respect to
municipal contracts and franchises.
2.
Attend all meetings of the Township Council with the right to take
part in the discussions, but without the right to vote.
3.
Keep the Council advised of the financial condition of the municipality,
make reports to the Council as requested by it, and at least once
a year make an annual report on the administration of the municipal
government for the benefit of the Council and the public.
4.
Study the governmental and administrative operations and needs of
the municipal government and prepare and recommend to the Council
necessary and desirable plans and programs to meet present and foreseeable
needs.
5.
Investigate at any time the affairs of any Officer or Department
of the Township.
6.
Receive inquiries and complaints concerning Township business, provide
information and assistance and remedy or cause to be remedied the
source of any just complaint.
7.
Prepare the annual budget during the month of November in each year.
The Municipal Manager shall require all Department heads to submit
requests for appropriations for the ensuing budget year and to appear
before him at public hearings held during the month on the various
requests. On or before the 15th day of January the Township Manager
shall submit to the Council his recommended budget in the form required
by N.J.S.A. 40:69A-97.
8.
Perform such other duties as may be required of him by law, ordinance
or resolution of the Township Council.
[1978 Code § 2-5.5]
All employees, Officers and Department Heads of the Township
shall be appointed and promoted by the Township Manager except where
the power to appoint rests with the Mayor or the Council by this chapter
or by statute.
[1978 Code § 2-5.6]
The Manager shall serve as the Personnel Officer of the Township
unless and until the Council shall authorize the appointment of a
separate Personnel Officer. The Manager shall appoint and remove a
Deputy Manager, of and when one be authorized by the Council, all
Department Heads and all other Officers, subordinates, and assistants
other than the Township Clerk, Municipal Attorney, Planning Board,
Board of Adjustment and certain commissions and advisory boards for
whose appointment other provision is made by the Charter or Administrative
Code. The Manager may delegate to the head of a Department the power
to appoint and remove subordinates in such Department, supervise and
control his appointees, and shall report all appointments or removals
at the next meeting thereafter of the Municipal Council.
[1978 Code § 2-5.7]
All materials, supplies and equipment, work and labor under
contract, required by any Department, Office or agency of the Township
shall be purchased by or under the direction and supervision of the
Manager subject to the requirements of the Charter and General Law.
Where the law requires that purchases be made after public bidding
such purchases shall be subject to the approval of the Council.
[1978 Code § 2-5.8]
No rule or regulation made by the Manager, or by any Department,
Officer, agency or authority of the Township, except as relates to
the organization or internal management of the municipal government
or a part thereof, shall take effect until it is filed with the Township
Clerk. The Clerk shall maintain a current compilation of all such
rules and regulations which shall be available for public inspection
in his office during business hours.
[1978 Code § 2-5.9]
No Officer or employee of the Township, either directly or indirectly,
through an agent, employee, partner, associate or otherwise shall
undertake to serve or represent the interest of any person who seeks
to influence the action of any official or officials of the Township,
the action of the Council, the Manager or any Department thereof,
provided, however, that the Council, upon request, which shall be
noted in its minutes, shall authorize any part-time Officer or employee
to disqualify himself with respect to a specific matter or subject,
and upon such disqualification, an agent, employee, associate or partner
of such disqualified Officer or employee may serve or represent such
applicant. In such event, a disqualified Officer or employee shall
not take part in any discussion or vote with reference to the subject
matter involved.
[1978 Code § 2-5.10]
a.
All employees, Officers and Department Heads appointed by the Township
Manager shall be subject to the supervision and control of the Manager
and shall comply with his instructions and directions as to the organization
of their work and the completion of their assigned duties. Complete
authority for the method, manner and time of performing Township work
is vested in the Township Manager, to the end that the maximum administrative
control provided for by law shall be vested in the Township Manager.
b.
The Township Manager may designate a qualified member of any Department
to act in the absence or disability of the head of such Department.
c.
The Township Manager shall:
1.
Direct and supervise the administration of all Departments of the
municipal government and be responsible for the maintenance of sound
personnel policies and administrative practices.
2.
Approve all bills and vouchers for payment subject to pre-audit and
control as may be provided herein.
3.
Maintain a continuing review and analysis of budget operations, work
programs, and costs of municipal services.
4.
Establish working, personnel, vacation and sick leave schedules and
appropriate records and reports.
5.
Approve or prescribe the internal organization of each Department.
6.
Assign and transfer administrative functions, powers and duties among
and within Departments, subject to the Charter and Administrative
Code.
7.
Delegate to Department Heads and Officers such of his duties and
powers as he may deem necessary for efficient administration.
[1978 Code § 2-5.11]
The Township Manager may designate a qualified Administrative
Officer of the Township to perform his duties during his temporary
absence or disability. 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.[1]
[1]
Editor's Note: See N.J.S.A. 40:69A-94.
[1978 Code § 2-5.12]
No rule or regulation made by any Department, Officer, agency
or authority of the Township shall take effect until it is filed with
the Manager. Where a rule or regulation affects the conduct of any
Department or employee, a written copy of such rule or regulation
shall be delivered to the Department or employee affected.
[1978 Code § 2-5.13]
a.
Whenever an appeal from the denial, suspension or revocation of a
license or permit is provided for elsewhere in any ordinance, or is
permitted from a ruling made by a subordinate Officer, such appeal
shall be made in writing to the Manager within 10 days from the date
of the action taken.
b.
In cases where appeals are made to the Manager, he shall set a date
for the hearing within 14 days of receiving the written request and
shall render his decision within 10 days after completion of the hearing.
The Manager shall make his individual decision on all matters after
notice and hearing.
c.
Pending the decision on such appeals, the ruling of the subordinate
Officer shall remain in effect, unless, in the opinion of the Manager,
an emergency situation otherwise requires.
[1]
Editor's Note: The Optional Municipal Charter Law, N.J.S.A.
40:69A-89 provides that the Council shall appoint a Municipal Clerk.
[1978 Code § 2-6.1]
a.
There shall be a Municipal Clerk who may also be known as the Township
Clerk appointed by the Council. The Manager may be appointed as Township
Clerk.
b.
The Township Clerk shall have all the powers and perform all the
duties vested in or required of the Office of the Township Clerk by
law or ordinance of the Township, and shall perform such other duties
as the Council may by ordinance or resolution require.[1]
[1]
Editor's Note: State Statutes provides that the Municipal
Clerk serves as Clerk of Council, see N.J.S.A. 40:69A-38.
[New]
No person shall be appointed as Municipal Clerk unless that
person shall have a registered Municipal Clerk Certificate issued
pursuant to N.J.S.A. 40A:9-133 et seq.
[New; Ord. No. 07-14 § I]
The Township Clerk shall:
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 Township Council
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 Township Council, prepare meeting agendas
at the discretion of the Council, be present at all meetings of the
Council, 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 Township subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
d.
Serve as Chief Registrar of voters in the Township, subject to the
requirements of 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 ordinance has delegated that
responsibility to some other Township 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 New Jersey Statutes Annotated;
g.
Perform such other duties as are now or hereafter imposed by statute,
regulation or by ordinance or regulation.
h.
Serve as Registrar of Vital Statistics. Maintain and administer records
of vital statistics including births, deaths, marriages, domestic
partnership and civil unions in accordance with State law, and issue
marriage licenses pursuant to law.
i.
Dog Control. The Manager shall appoint an Animal Control Officer
as authorized by the pay plan ordinance. The Animal Control Officer
shall serve under the immediate supervision of the Township Clerk
and shall be subject to the direction and control of the Township
Manager.
[1978 Code § 2-6.2]
The Manager may appoint a person to serve as Deputy Municipal
Clerk who shall be known as Deputy Township Clerk. The Deputy Township
Clerk shall perform all the duties of the Clerk when the Clerk is
not available to perform his duties for any reason.
[1]
Editor's Note: The Optional Municipal Charter Law, N.J.S.A.
69A-89, provides that the Council may provide for the manner of appointment
of a Municipal Attorney. See also N.J.S.A. 40A:9-139, 40A:9-1; 40A:9-11.
[1978 Code § 2-7.1]
[1978 Code § 2-7.2]
The duties of the Township Attorney shall be such as are prescribed
by law or ordinance and shall include attendance at meetings of the
Council or staff meetings as required by the Council or the Manager.
In addition, the Township Attorney shall render requested legal opinions
to the Council or the Manager. Any Department Head or board or body
of the Township may request such opinions through the Manager.
[1978 Code § 2-8.1]
a.
The Office of Township Engineer is hereby created. The Township Engineer
shall be appointed by the Manager.
b.
The Township Engineer shall be a licensed professional engineer of
the State of New Jersey and need not be a resident of the Township.
The Township Engineer shall receive such fees as shall be deemed reasonable
by the Council.
[1978 Code § 2-8.2]
The duties of the Township Engineer shall be such as are prescribed
by law or ordinance and shall include attendance at meetings of the
Council or staff meetings as required by the Council or Manager. The
Township Engineer shall render requested professional opinions to
the Council or the Manager and shall perform such other duties as
may be requested by the Manager.
[1978 Code § 2-9.1]
a.
The Township Auditor, who need not be a resident, shall be appointed
by the Council. The Auditor may be an individual or a firm of auditors
but in either case the individual or the firm shall be Registered
Municipal Accountants of the State of New Jersey.
b.
The Township Auditor shall receive reasonable fees as compensation
for his services, shall perform the duties prescribed by law and shall
render such assistance to the Manager as may be requested.
[1978 Code § 2-23.6; Ord. No. 929; Ord. No. 972 § 2-23.6a]
A Municipal Public Defender shall be appointed by the Township
Council and shall receive a salary, in lieu of any and all other compensation
by the municipality as determined by the Township Council, to be paid
in the same manner as the salary of other municipal Officers and employees.
The Public Defender's salary shall be within the salary range contained
in the Township's Salary Ordinance. The Public Defender shall serve
for a term of one year and may be reappointed at the pleasure of the
Township Council. The Municipal Public Defender need not be a resident
of the Township but shall be an attorney at law of the State of New
Jersey and in good standing and must remain in good standing throughout
the term of appointment. The Municipal Public Defender position is
not a tenured position.
[Ord. No. 972 § 2-23.6b]
The Township shall have a lien for any and all services provided
by the Municipal Public Defender to an indigent defendant in an amount
equal to the current rate assessed by the State office of the Public
Defender. The Municipal Attorney shall have full authority as provided
by the State statutes to file and enforce the lien with the approval
of the Township Council.
[Ord. No. 972 § 2-23.6c]
Each applicant applying for the services of the Municipal Public
Defender shall pay a nonrefundable application fee of $200. The fee
may be waived or reduced, in part, as the Court determines based on
the financial circumstances of the applicant. The application fees
collected pursuant to this section shall be deposited in a dedicated
fund administered by the Township's Chief Financial Officer. The funds
shall be used exclusively to meet the costs incurred in providing
the services of the Municipal Public Defender including, when required,
any expert or lay investigation and testimony.
[Ord. No. 07-14 § II]
There shall be a five member Board of Health. The membership
of the Board of Health shall be the five duly elected members of the
Township Council.
[Ord. No. 07-14 § II]
The terms of office of the Board of Health to be appointed under
this section shall coincide with their Township Council terms.
[Ord. No. 07-14 § II]
The Board of Health shall have all the powers conferred upon
local boards of health by the statutes of the State of New Jersey
and by local ordinance and shall have the power to direct the Township
Manager to administer the duties and enforce the State and local health
laws and ordinances. Health services are to be provided by the Sussex
County Health Department.
