[1969 Code § 2-6.1]
There shall be a Municipal Clerk appointed by the Mayor and
Borough Council. The term of office of the Clerk shall be three years
which shall run from January 1 in the year in which the Clerk was
appointed.
[New; Ord. No. 95-24 § 1]
No person shall be appointed as Municipal Clerk unless he shall
hold a certificate as a Registered Municipal Clerk issued by the Director
of the Division of Local Government Services in the Department of
Community Affairs, as required by N.J.S.A. 40A:9-133 et seq.
a.
Notwithstanding the above, the Mayor and Council, pursuant to N.J.S.A.
40A:9-133.4c., may provide for a three year initial appointment to
the Office of Municipal Clerk of an individual who has not completed
the specific course work or the examination requirement set forth
in N.J.S.A. 40A:9-133.2, but who is otherwise qualified under that
section. Any such appointment shall be contingent upon the requirement
that the individual undertake the appropriate course work and take
the examination during the term of that appointment.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[1969 Code § 2-6.2]
The Municipal Clerk shall serve as Clerk of the Borough Council
and as Secretary of any special legislative committees of the Council.
He shall attend all meetings of the Council and of such committees
when required by the Chairman and shall keep the minutes of the meetings
of the Council and of such committees. The minutes of each meeting
of the Council shall be signed by the officer presiding at the meeting
and by the Clerk.
[1969 Code § 2-6.3]
a.
The Clerk shall record all ordinances and all resolutions of a permanent
character in books to be provided for that purpose. After each ordinance
he shall also record and certify the proof of publication thereof
as required by law. Each ordinance and resolution so recorded shall
be signed by the Mayor and the Clerk, who shall attest that it was
duly adopted upon the date stated, and when so signed the recorded
copy shall be deemed to be a public record of the ordinance or resolution.
Any omission by the Clerk or the Mayor to record, sign or certify
as herein required shall not impair or affect the validity of any
ordinance which has been duly adopted.
b.
At the close of each year the Clerk, with the advice and assistance
of the Borough Attorney, shall bind, compile or codify all the ordinances
and resolutions, or true copies thereof, which then remain in force
and effect. He shall also properly index the record books, compilation
or codification of ordinances and resolutions.
[1969 Code § 2-6.4]
The Clerk shall have custody of and safely keep all records,
books and documents of the Borough, except those committed by ordinance
to any other office or transferred thereto by the Mayor and Council.
He shall, upon request and upon the payment of the fees prescribed
therefor by resolution of the Council for the use of the Borough,
furnish a certified copy of any such paper in his custody under the
corporate seal of the Borough.
[1969 Code § 2-6.5]
The Clerk shall cause the corporate seal of the Borough to be
affixed to instruments and writings when authorized by ordinance or
resolution of the Council or when necessary to exemplify any document
on record in his office, or to certify any act or paper which from
the records in his office shall appear to have been a public act of
the Borough or a public document. He shall not affix the seal or cause
or permit it to be affixed to any other instrument, writing or other
paper unless required by law or ordinance.
[1969 Code § 2-6.6]
The Clerk, subject to the supervision of the Mayor and Council,
shall:
a.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except his own bond which
shall be placed in the custody of the Treasurer; of all insurance
policies upon or with respect to risks insured for the benefit of
the Borough or to protect it against any claim, demand or liability
whatsoever; and all formal contracts for work, labor, services, supplies,
equipment and materials to which the Borough may be a party.
b.
Be the depository for and have custody of all performance bonds running
to the Borough as obligee, or any other form of security given by
any contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
c.
Have custody of all leases of property owned by the Borough.
d.
Report to the Borough Council annually, at such time as the Council
may require, on the coverage, expiration date and premium of each
surety bond and contract of insurance; the nature and terms of outstanding
leases, the rent reserved by each and their respective expiration
dates.
[1969 Code § 2-6.7]
No rule or general regulation made by any department, officer,
agency or authority of the Borough, except such 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 Municipal
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.
[1969 Code § 2-6.8]
In addition to such other functions, powers and duties as may
be prescribed by ordinance and subject to the supervision and direction
of the Mayor and Borough Council, the Clerk shall:
a.
Perform all of the functions required of Municipal Clerks by the
General Election Law (Title 19 of the New Jersey Statutes) and any
other law or ordinance.
b.
Administer the provisions of Borough Ordinances with reference to
the licensing of occupations and activities for which licenses are
required by law or ordinance to be obtained from the Clerk.
c.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
Mayor and Borough Council.
[Ord. No. 88-1 § 1]
In accordance with N.J.S.A. 40:87-15, residency in the Borough
of Surf City shall not be required as a condition of appointment to
the position of Municipal Clerk.
[New]
The Borough 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 Borough 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 Borough 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 Borough, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
d.
Serve as chief registrar of voters in the Borough, 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 Borough 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.
[Ord. No. 88-1 § 2]
a.
The position of Deputy Municipal Clerk is hereby established. The
Deputy Municipal Clerk shall be appointed by the Mayor and Council
for a term of one year. Prior to the appointment, the Deputy Municipal
Clerk should be qualified by training and experience to perform the
duties of his/her office.
b.
The Deputy Municipal Clerk shall perform all those duties and functions
as directed by the Municipal Clerk and shall act in place and instead
of the Municipal Clerk and assume the Municipal's Clerk's responsibilities
as set forth in this section at all times that the Municipal Clerk
is absent from his/her position.
c.
In accordance with N.J.S.A. 40:87-15, residency in the Borough of
Surf City shall not be required as a condition of appointment to the
position of Deputy Municipal Clerk.
[Ord. No. 86-8]
Pursuant to N.J.S.A. 40A:9-136 there is hereby created the position
of Borough Administrator.
[Ord. No. 86-8]
a.
Appointment. The Borough Administrator shall be appointed by the
Mayor with the advice and consent of the Borough Council in accordance
with N.J.S.A. 40A:9-137.
b.
Term of Office. The term of office of the Administrator shall be
at the pleasure of the Borough Council.
c.
Compensation. The Administrator shall receive as salary such sums
as may be fixed and adopted by the Council in the annual salary and
wage ordinance.
[Ord. No. 86-8]
The Administrator may be removed by a 2/3 vote of the Council.
The resolution of removal shall become effective three months after
its adoption by the Council. In accordance with N.J.S.A. 40A:9-138
the Council may provide that the resolution of removal shall have
immediate effect provided, however, that the Council shall cause to
be paid to the Administrator forthwith any unpaid balance of his salary
and his salary for the next three calendar months following adoption
of the resolution.
[Ord. No. 86-8]
The Administrator shall be chosen on the basis of his executive
and administrative abilities and qualifications with special regard
as to education, training and experience in governmental affairs.
[Ord. No. 86-8]
Any vacancy in the position of Administrator shall be filled
by appointment by the Mayor with the advice and consent of the Borough
Council.
[Ord. No. 86-8]
The Administrator shall, under the supervision and control of
the Mayor and Council and to the extent not prohibited by law, have
the following duties and responsibilities:
a.
To serve as the principal administrative officer representing the
Mayor and Council.
b.
To supervise the administration of all departments and offices in
consultation with the respective committee chairpersons.
c.
To represent the Borough in its relation to the Federal, State and
County governments and to other municipalities and to evaluate the
Borough's interest in contracts, franchises and other business transactions
as assigned by the Mayor and Council.
d.
To keep the Mayor and Council informed of the financial condition
of the Borough and make such reports thereon as required and to prepare
annually a comprehensive report on the financial condition of the
Borough.
e.
To study the administrative and other operations of the Borough and
make recommendations for plans and programs to meet the changing need
of the Borough.
f.
To receive and reply to inquiries and complaints concerning Borough
business and to provide information and assistance with respect thereto.
g.
To attend all meetings of the Borough Council as required.
h.
To establish and maintain sound personnel practices and maintain
appropriate records of all employees and to have the authority to
recommend to the Mayor and Council the initial firing and disciplining
of all Borough employees.
i.
To recommend the nature, location and extent of public improvements
and to coordinate the execution of same when authorized by the Mayor
and Council.
j.
To implement and enforce the policies of the Mayor and Council with
respect to the compiling and release of public information.
k.
To receive from each department, office and board their annual budget
requests and to review and transmit same along with his comments and
recommendations to the Mayor and Council.
l.
To consult with the Mayor and Council on the preparation of the tentative
budget, recording changes, additions and deletions thereto and to
submit final recommendations in the form required by law, together
with an analysis of the various items of expenditure and revenue and
such explanatory comments as may be required.
m.
To maintain a continuing review and analysis of budget operations,
work progress and the costs of municipal services.
n.
To supervise the disbursement of all Borough funds and to approve
all vouchers and bills before submitting same to the Council for final
approval as directed by the Council.
o.
To supervise and continually review the Borough's insurance program.
p.
To assist the Council in negotiating contracts for the Borough as
authorized by and subject to the approval of the Council.
q.
To act as a liaison on behalf of the Borough with all utility companies
serving any portion of the Borough to be sure that such utilities
are providing adequately for the needs of the residents of the Borough.
r.
To assure that the provisions of all franchises, leases, permits
and privileges granted by the Borough are complied with.
s.
To require each department to maintain adequate inventory records
of all equipment and materials owned and used by the Borough and to
arrange for the disposal of all inadequate or obsolete materials when
directed to do so by the Council.
t.
To assign responsibilities for departmental duties and coordinate
interdepartmental operations as authorized by the Council.
u.
To assist the residents of the Borough in matters within his jurisdiction
to maintain a record of complaints submitted to him for his attention
and to take proper steps to remedy the causes for such complaints.
v.
To keep the Council currently informed of all matters within his
jurisdiction by such reports, verbally or in writing, as he deems
advisable or as may be requested by the Council and to submit an annual
written report of his work accomplished at the request of the Council
for the benefit of the public.
w.
To perform such other duties as may be assigned to him by the Mayor
and/or Council.
[Ord. No. 86-8]
The Administrator's position shall be considered a part-time
position. The Council reserves the right at any time to set specific
hours for the Administrator by resolution.
[Ord. No. 86-8]
Nothing in this section shall derogate from or authorize the
Administrator to exercise the power and duties of the elected and
appointed officials of the Borough.
[1969 Code § 2-15.1]
The Municipal Attorney shall be appointed by the Mayor with
the advice and consent of the Council for a term of one year. He shall
be an attorney-at-law of the State of New Jersey but need not be a
resident of the Borough. In lieu of appointing an individual attorney,
the Mayor with the advice and consent of the Council shall appoint
a firm of attorneys, all members of which shall be attorneys-at-law
of the State of New Jersey. The attorney shall not receive a fixed
salary but shall be paid such retainer as may be agreed upon and authorized
by the Council, plus such fees and charges as shall be deemed reasonable.
[1969 Code § 2-15.2]
The Municipal Attorney shall have such powers and perform such
duties as are provided for the office of Borough Attorney by general
law or ordinances of the Borough. He shall represent the Borough in
all judicial and administrative proceedings in which the municipality
or any of its officers or agencies may be a party or have an interest.
He shall give all legal counsel and advice where required by the Mayor
and Council or any member thereof, and shall in general serve as the
legal advisor to the Mayor and Council on all matters of Borough business.
In furtherance of such general powers and duties, but without limitation
thereto, the Borough Attorney shall:
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.
With the approval of the Mayor and Council, conduct appeals from
orders, decisions or judgments affecting any interest of the Borough
as he may in his discretion determine to be necessary or desirable
or as directed by the Mayor and Council.
c.
Subject to the approval of the Borough Council, have power to enter
into any agreement, compromise or settlement of any litigation in
which the Borough is involved.
d.
Render opinions in writing upon any question of law submitted to
him by the Mayor and Council or any member thereof with respect to
their official powers and duties, and perform such duties as may be
necessary to provide legal counsel to the Mayor and Council in the
administration of municipal affairs.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Collector.
[New]
No person shall be appointed or reappointed as Tax Collector
unless he shall hold a Tax Collector's Certificate issued pursuant
to N.J.S.A. 40:9-145.3. Any Tax Collector appointed pursuant to this
section may obtain tenure pursuant to the provisions of N.J.S.A. 40A:9-144
or 40A:9-145. Any person who shall be reappointed Tax Collector subsequent
to having received a Tax Collector's Certificate pursuant to N.J.S.A.
40A:9-144.3 and having served as Tax Collector or who has performed
the duties of Tax Collector for not less than four consecutive years
immediately prior to such reappointment shall have acquired tenure
and shall hold his or her office during good behavior and efficiency
and shall be removed only for good cause shown and after a proper
hearing before the Director of the Division of Taxation or his designee
in accordance with the provisions of N.J.S.A. 40A:9-145.8.
[New]
The Tax Collector shall hold his office for a term of four years
from January 1 next following his appointment. Vacancies other than
due to the expiration of term shall be filled by appointment for the
unexpired term.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Collector in the Salary Ordinances.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Assessor.
[New]
The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law. In accordance with the provisions
of N.J.S.A. 54:3-16, the Assessor, when making assessments, shall
be governed by directions by the Ocean County Tax Administrator. These
directions shall be pursuant to rules adopted by the Ocean County
Tax Board.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[1969 Code § 2-16.1]
There shall be a Borough Engineer who shall be appointed by
the Mayor with the advice and consent of the Council for a term of
one year. The Borough Engineer shall receive such compensation as
may be agreed upon and determined by the Borough Council. He shall
be a duly licensed professional engineer of the State of New Jersey.
[1969 Code § 2-16.2]
The Borough Engineer shall perform such duties as are prescribed
by general law and ordinance, and in addition shall:
a.
Prepare, or cause to be 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.
|
All papers, documents, memoranda, reports and other materials
relating to the administration of engineering duties of the Borough
Engineer shall be and remain the property of the Borough. Upon the
termination of his services with the Borough, the Borough Engineer
shall forthwith surrender to any successor all such property.
|
[1969 Code § 2-17.1]
The Construction Official shall be appointed by the Mayor with
the advice and consent of the Council to serve for a term of one year.
Prior to his appointment he shall be qualified by training and experience
in the duties of a Construction Official.
[1969 Code § 2-17.2; Ord. No. 84-3 § 2]
The Construction Official shall:
a.
Enforce the Building Code and have all the powers, functions and
duties prescribed by general law and ordinance for Construction Officials.
b.
Keep a record of his proceedings, a permit book and complaint book,
all of which shall be subject to inspection. He shall report regularly
to the Mayor and Council, at their direction, the number of permits
issued, the estimated cost of such work and the fees received and
paid by him to the Borough Treasurer.
[1969 Code § 2-18.1]
There shall be a Borough Prosecutor appointed by the Mayor with
the advice and consent of the Council to serve for a term of one year.
He shall be an attorney-at-law of the State of New Jersey but need
not be a resident of the Borough.
[1969 Code § 2-18.2; New]
The Borough Prosecutor shall:
a.
Appear in the Municipal Court on behalf of the Borough to prosecute
violations of municipal ordinances and of the Motor Vehicle and Traffic
Act of New Jersey, and in such other and different matters where a
Borough Attorney is required to appear by the rules of the New Jersey
Supreme Court governing practice in the courts of the State of New
Jersey.
b.
Assist in research of laws and the preparation of memoranda for trial
and briefs on appeal.
c.
Advise and be in attendance at meetings of the Planning Board and
Zoning Board of Adjustment, and such other boards or departments when
required.
d.
Prepare and conduct the trial of petitions against the Borough in
the Workmen's Compensation Division, New Jersey Department of Labor
and Industry.
e.
Prepare and prosecute disciplinary proceedings against personnel
of the Borough for violations of State and municipal regulations governing
municipal officers and employees.
f.
Perform such other legal duties as specified by ordinance or resolution.
[Ord. No. 90-04 § 1]
The Code Enforcement Official shall be appointed by the Mayor
with the advice and consent of Council to serve for a term of one
year. Prior to his appointment, he shall provide to the Mayor and
Council copies of his resume setting forth his qualifications and
experience to perform the duties of Code Enforcement Official.
[Ord. No. 90-04 § 1]
The Code Enforcement Official shall:
a.
Enforce all ordinances, codes and emergency resolutions of the Borough
and perform all other duties prescribed by the Mayor and Council;
b.
Keep a record of all proceedings in his office and a book of all
complaints made to him as Code Enforcement Official, which shall be
open for inspection by the Mayor and Council and shall remain the
property of the Borough;
c.
Enforce all laws of the State of New Jersey;
d.
Report each month to the Mayor and Council in writing on all violations
issued by him;
e.
Make recommendations to the Mayor and Council for the improvement
in the enforcement of the Borough ordinances, codes and emergency
resolutions.
[Ord. No. 90-04 § 1]
Junior Code Enforcement Officials shall be appointed as the Mayor and Council deem necessary. Such appointment shall be made in the same method and manner as in Subsection 2-29.1.
[Ord. No. 90-04 § 1]
The Code Enforcement Official and the Junior Code Enforcement
Officials shall be law enforcement officers as that term is defined
in N.J.S.A. 7:3-1 of the Rules governing the Courts of the State of
New Jersey and shall specifically be empowered to issue summonses
returnable in the Municipal Court of the Borough on the forms prescribed
by the Administrative Director of the Courts pursuant to N.J.S.A.
1:32.3 of the Rules governing the Courts of the State of New Jersey.
The reference in this subsection to the Rules governing the Courts
of the State of New Jersey shall also apply to any changes or successor
rules adopted by the Supreme Court of the State of New Jersey.
[Ord. No. 90-04 § 1]
The Code Enforcement Official and the Junior Code Enforcement
Officials shall not have the power to arrest violators. If arrest
is justified, in their opinion, they shall make a formal complaint
before the Clerk of the Municipal Court, who shall then issue process
in accordance with the New Jersey Rules of Court.
The Code Enforcement Official and the Junior Code Enforcement
Officials shall not carry firearms, nightsticks, handcuffs, or other
implements designed for crowd control or as an aid or assistance to
making an arrest.
[Ord. No. 99-17 § VI]
There is hereby created the position of a Purchasing Agent,
a Deputy Purchasing Agent or Deputy Purchasing Agents, an Assistant
Purchasing Agent or Assistant Purchasing Agents for the Borough of
Surf City.
[Ord. No. 99-17 § VI]
The Purchasing Agent shall be appointed by the Mayor upon the
advice and consent of the Borough Council and shall serve for a term
so designated by and at the pleasure of Council.
[Ord. No. 99-17 § VI]
To be appointed to the position of Purchasing Agent, a person
must have.
a.
The ability to read, write, speak and understand the English language
sufficiently to perform the duties of this position.
b.
Two years of experience in work involving ordering, receiving, examination
and distribution of supplies, materials and equipment.
c.
Considerable knowledge of the problems, procedures and practices
involved in ensuring that all items ordered are shipped by vendor
on the promised shipping date and in arranging for proper distribution
as required.
d.
The ability to perform expediting work under a variety of circumstances,
to be courteous at all times and to perform the clerical work involved
in this kind of function.
e.
Basic supervisory knowledge.
f.
The ability to establish and maintain effective relationships with
vendors, suppliers, supervisors, department heads, employees and the
general public.
g.
Completed the purchasing and administration courses offered by Rutgers
University or the equivalent in experience and demonstrated training
and knowledge.
[Ord. No. 99-17 § VI]
a.
The Purchasing Agent shall act on behalf of the Borough of Surf City and shall have the authority to prepare public advertising for bids; to receive bids for the purchase of work, materials and supplies on behalf of the Borough Council; and to negotiate and award contracts in accordance with Subsection 2-11.2c of this chapter.
b.
The Purchasing Agent shall be responsible for the efficient development,
coordination, implementation and supervision of the complete municipal
purchasing program.
c.
The Purchasing Agent shall perform all necessary purchasing functions,
including requests for bid submission, inventory control, inventory
distribution and inventory receiving; and perform necessary overseeing
for security functions as it relates to purchasing inventory protection.
d.
Perform other duties as may be required or assigned by the Mayor
and, when necessary the Borough Council.
[Ord. No. 99-17 § VI]
a.
The Deputy Purchasing Agent or Deputy Purchasing Agents, Assistant
Purchasing Agent or Assistant Purchasing Agents shall perform all
duties as may be assigned or required by the Purchasing Agent.
b.
The Deputy Purchasing Agent or Deputy Purchasing Agents, Assistant
Purchasing Agent or Assistant Purchasing Agents shall perform all
duties as may be assigned or required by the Mayor and/or Borough
Council.
c.
The Deputy Purchasing Agent or Deputy Purchasing Agents, Assistant
Purchasing Agent or Assistant Purchasing Agents shall perform all
of the duties as required of the Purchasing Agent in his or her absence.
[Ord. No. 2013-04]
There shall be a Public Defender appointed by the Mayor with
the advice and consent of the Council to serve for a term of one year
commencing on January 1 and thereafter until a successor has been
appointed and qualified. The Public Defender shall be licensed to
practice law in the State of New Jersey. In the event that more than
one Public Defender is appointed, the Mayor shall designate, with
the advice and consent of the Borough Council, a Chief Municipal Public
Defender who shall have authority over the other Public Defenders
serving the municipal court with respect to the performance of their
duties.
[Ord. No. 2013-04]
The Public Defender shall be responsible for the representation
of indigent defendants brought before the Municipal Court in the Borough
of Surf City on the basis of standards to be established by the Judge
of the Municipal Court and shall have such other duties and responsibilities
as may be provided by law.
[Ord. No. 2013-04]
The Public Defender shall be paid in accordance with contracts
entered into with the Borough of Surf City in accordance with the
requirements of the Local Public Contracts Law. N.J.S.A. 40A:11-1
et seq.
