[1983 Code § 33-11]
The position of Borough Administrator is hereby created and the employment of a person to fill such position is hereby authorized.
[1983 Code § 33-12]
A. 
The Borough Administrator shall be appointed for a term not to exceed three years in a manner consistent with N.J.S.A. 40A:60-7 and N.J.S.A. 40A:9-136 and 40A:9-137. The Borough Administrator need not be a resident of the Borough. The compensation of the Borough Administrator shall be fixed and adopted in the yearly salary ordinance of the Borough. The Borough Administrator shall be chosen on the basis of executive and administrative abilities and qualifications, with special regard given to education, training and experience in municipal administration. The Borough Administrator shall not engage in political activity nor make any contribution to any political campaign, party or candidate within the Borough.
B. 
The Borough Administrator may be removed from office in accordance with the provisions of N.J.S.A. 40A:9-138.
[1983 Code § 33-13]
The Borough Administrator shall, under the direction of the Mayor and Council, and consistent with law, have the following powers, duties and responsibilities:
A. 
Serve as the Chief Administrator Officer of the Borough.
B. 
When qualified, serve as the qualified purchasing agent for the Borough.
C. 
Attend all meetings of the governing body, as required, with the right to participate in all discussions but without the right to vote.
D. 
Execute all laws and ordinances of the Borough.
E. 
Appoint and remove all employees for whose selection no other method is provided by law.
F. 
Assess the Borough interest in and negotiate contracts, franchises and other business transactions and agreements on behalf of the Borough.
G. 
Make recommendations concerning the nature and location of Borough improvements, including the supervision and maintenance of all Borough real and personal property.
H. 
Recommend to the governing body for adoption such measures as deemed necessary or expedient.
I. 
Represent the Borough in relation to the federal, state, County and other municipal governments.
J. 
Report to the governing body, at least monthly, and at the close of the year, on Borough activities and status.
K. 
Direct and supervise the administration of all departments, offices and department heads of the Borough government and be responsible for the maintenance of sound personnel policies and administrative practices; establish work, vacation and sick leave schedules and maintain appropriate records with regard to same.
L. 
Carry out the lawful policies and directives of the governing body.
M. 
Prepare annual operating and capital budgets and submit same to the governing body in accordance with the statutory law and the procedures of the governing body.
N. 
Maintain a continuing review and analysis of budget operations, work programs and costs of municipal government and services.
O. 
Review and approve all vouchers and bills before submitting same to the governing body for final approval.
P. 
Perform such further duties as the governing body may lawfully require by directive, ordinance or resolution.
[1983 Code § 33-37]
The position of Deputy Borough Administrator is hereby created and the employment of a person to fill such position is authorized.
[1983 Code § 33-38; New]
The Deputy Borough Administrator shall be appointed for a term which is at the pleasure of the governing body and consistent with state law and Civil Service Commission policies and procedures. The compensation of the Deputy Borough Administrator shall be as stated in the Salary Ordinance. The Deputy Borough Administrator shall be chosen on the basis of executive and administrative abilities and qualifications, with special regard given to education, training and experience in municipal administration. The Deputy Borough Administrator shall not engage in political activity nor make any contribution to any political campaign, party or candidate within the Borough.
[1983 Code § 33-39]
The Deputy Borough Administrator shall, under the direction of the Borough Administrator, and consistent with law, assist the Borough Administrator with the following powers, duties and responsibilities:
A. 
Attend all meetings of the governing body, when requested.
B. 
In the execution of all laws and ordinances of the Borough.
C. 
With the assessment of the Borough interest in and negotiation of contracts, franchises and other business transactions and agreements on behalf of the Borough.
D. 
Make recommendations concerning the nature and location of Borough improvements, including the supervision and maintenance of all Borough real and personal property.
E. 
Recommend to the Borough Administrator for adoption such measures as deemed necessary or expedient.
F. 
When requested by the Borough Administrator, represent the Borough in relation to the federal, state, County and other municipal governments.
G. 
Assist in the direction and supervision of the administration of all departments, offices and department heads of the Borough government and be responsible for the maintenance of sound personnel policies and administrative practices; assist in the establishment of work, vacation and sick leave schedules and maintain appropriate records with regard to same.
H. 
Assist in carrying out the lawful policies and directives of the governing body.
I. 
Assist in the preparation of annual operating and capital budgets and the submission of same to the governing body in accordance with the statutory law and the procedures of the governing body.
J. 
Assist with the maintenance of a continuing review and analysis of budget operations, work programs and costs of municipal government and services.
K. 
In the absence of the Borough Administrator, review and approve all vouchers and bills before submitting same to the governing body for final approval.
L. 
Perform such further duties as the Borough Administrator may lawfully require.
[1]
Editor's Note: See also § 2-4 of Article II By-Laws of the Mayor and Council.
[N.J.S.A. 40A:9-133]
Pursuant to N.J.S.A. 40A:9-133, there shall be a Municipal Clerk appointed by the Mayor with the advice and consent of the Borough Council. The term of office of the Municipal Clerk shall be three years.
[N.J.S.A. 40A:9-133]
No person shall be appointed as Municipal Clerk unless he shall have a Registered Municipal Clerk Certificate issued pursuant to N.J.S.A. 40A:9-133 et seq.
[N.J.S.A. 40A:9-133]
The Municipal Clerk shall:
A. 
Act as Secretary of the municipal corporation and custodian of the municipal seal of all minutes, books, deeds, bonds, contracts, and archival records of the municipal corporation. The governing body 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 governing body, prepare meeting agendas at the discretion of the governing body, be present at all meetings of the governing body, 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 Revised Statutes;
D. 
Serve as chief registrar of voters in the Borough, subject to the requirements of Title 19 of the Revised Statutes;
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.
[1983 Code § 8-13]
The Municipal Clerk is authorized and delegated to approve or deny the granting of raffle and bingo licenses for events to be conducted in the Borough of Pompton Lakes.
[1983 Code § 8-13, C]
The Municipal Clerk is authorized to execute social affair permit applications and catering permit applications as required by N.J.S.A. 33:1-74 and N.J.A.C. 13:2-5.1.
[New]
The compensation of the Municipal Clerk shall be as provided in the Salary Ordinance.
[1983 Code § 33-16; N.J.S.A. 40A:9-135]
The Mayor and Council may create the office of Deputy Municipal Clerk.
[1983 Code § 33-17]
The Mayor may nominate and, with the advice and consent of the Council, appoint an individual to serve as Deputy Municipal Clerk.
[1983 Code § 33-18]
The term of office of the Deputy Municipal Clerk shall be for one year commencing on January 1 and terminating on December 31.
[1983 Code § 33-19]
The compensation of the Deputy Municipal Clerk shall be as provided in the Salary Ordinance.
[1983 Code § 33-20; N.J.S.A. 40A:9-135]
The Deputy Municipal Clerk shall have all of the powers and perform all of the duties of the Municipal Clerk during such times and for such specific periods as the Municipal Clerk shall be absent.
[1983 Code § 33-4]
Pursuant to N.J.S.A. 40A:9-139, there is created the office of Municipal Attorney, appointed by the Mayor with the advice and consent of the Council. The term of office of the Municipal Attorney shall be one year.
[1983 Code § 33-5]
The Municipal Attorney shall perform such duties as are assigned by the Mayor or Council.
[1983 Code § 33-6; New]
The compensation of the Municipal Attorney shall be as agreed between the Attorney and the Borough and as per contract approved by resolution of the governing body.
[1983 Code § 33-1; New]
Pursuant to N.J.S.A. 40A:9-140, there is created the position of Municipal Engineer, appointed by the Mayor with the advice and consent of the Council. The term of office of the Municipal Engineer shall be three years.
[1983 Code § 33-2]
The Municipal Engineer shall perform such duties as are assigned by the Mayor or Council.
[1983 Code § 33-3; New]
The compensation of the Municipal Engineer shall be as agreed between the Municipal Engineer and the Borough and as per contract approved by resolution of the governing body.
[1983 Code § 33-30.1]
Pursuant to N.J.S.A. 40A:9-140.1 et seq., there is created the position of Chief Financial Officer of the Borough. The Chief Financial Officer shall be required to have a Municipal Finance Officer Certification issued pursuant to N.J.S.A. 40A: 9-140.1 et seq.
[1983 Code § 33-30.2]
The Chief Financial Officer shall have the following powers and perform the following duties:
A. 
Custodian of all funds of the Borough.
B. 
Oversee the financial operations of the Borough.
C. 
Supervise the work of the bookkeeping and clerical personnel involved in the financial operations of the Borough.
D. 
Supervise the investment of municipal funds.
E. 
Supervise payroll functions.
F. 
Perform all statutory duties of Treasurer, Chief Financial Officer and Municipal Finance Officer.
G. 
Preaudit bills, claims and demands.
H. 
Control expenditures to assure that they do not exceed appropriations.
I. 
Manage debt.
J. 
Prepare monthly financial reports, maintain the accounting system and control revenues and supervise the accounting and central bookkeeping systems.
K. 
Be responsible to and serve subject to the supervision of the Borough Administrator.
L. 
Prepare financial analysis of the public service activities of the Borough for guidance of management and the elected officials.
M. 
Establish major economic and financial objectives for the Borough.
N. 
Supervise the preparation of the budget.
O. 
Supervise debt management, including the preparation of sales and closings for bonds, bond anticipation notes and tax anticipation notes.
[1983 Code § 33-30.3]
The Chief Financial Officer shall receive compensation as stated in the Salary Ordinance.
[1983 Code § 33-30.4]
The Chief Financial Officer shall furnish a surety bond to be approved by the Mayor and Council in accordance with the regulations of the Division of Local Government Services and good municipal financing practice. The premium of said bond shall be paid by the Borough.
[1983 Code § 33-24]
Pursuant to N.J.S.A. 40A:9-141, the Mayor and Council shall appoint the Tax Collector who shall be charged with the duty of collecting taxes on real property in the Borough.
[1983 Code § 33-25]
The Tax Collector shall be appointed by the Mayor with the advice and consent of the Council and shall receive such compensation as provided in the Salary Ordinance.
[1983 Code § 33-26; N.J.S.A. 40A:9-142]
The Tax Collector shall hold office for a term of four years from the first day of January next following his appointment. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[1983 Code § 33-27; N.J.S.A. 40A:9-145.6]
No person shall serve as Tax Collector who is a member of the governing body.
[1983 Code § 33-28]
Any person appointed or reappointed as Tax Collector shall hold a Tax Collector Certificate in accordance with N.J.S.A. 40A:9-145.3 and have such qualifications as may be provided by law.
[1983 Code § 33-29]
The Tax Collector shall perform such duties as are provided by law and such other duties as may be assigned to him by the governing body.
[1983 Code § 33-30]
To the extent permitted by law, the incumbent Tax Collector shall continue to hold office until the expiration of his term.
[1983 Code § 6-1; New]
Pursuant to N.J.S.A. 40A:9-146, the Mayor with the advice and consent of council shall appoint a Tax Assessor.
[1983 Code § 6-2]
The Tax Assessor shall hold office for a term of four years from the first day of July next following his appointment. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[1983 Code § 6-3]
The Tax Assessor shall hold a Tax Assessor's Certificate as provided in N.J.S.A. 40A:9-148.1, and shall have the duty of assessing property for the purpose of general taxation.
[New]
The Tax Assessor shall receive such compensation as provided in the Salary Ordinance.
[N.J.S.A. 40A:5-4]
Pursuant to N.J.S.A. 40A:5-4, the Borough Council shall employ a registered municipal accountant of the State of New Jersey to prepare an annual audit of its books, amounts and financial transactions of the Borough or shall enter into an agreement with the Director of the Division of Local Government Services for an audit to be made by the Division.
[N.J.S.A. App. A:9-40.1; New]
There shall be appointed by the Mayor with the advice and consent of the Council an Emergency Management Coordinator. The Emergency Management Coordinator shall serve for a term of three years and shall be a resident of the Borough. As a condition of his appointment and his right to continue for the full term of his appointment, each Municipal Emergency Management Coordinator shall have successfully completed at the time of his appointment or within one year immediately following his appointment or the effective date of this act, whichever is later, the current approved home study course and the basic emergency management workshop.
[N.J.S.A. App. A:9-40.4]
The Emergency Management Coordinator shall be responsible for the planning, activating, coordinating, and the conduct of emergency management operations within the Borough.
[N.J.S.A. App. A:9-40.5]
Whenever, in his opinion, a disaster has occurred or is imminent in the Borough, the Emergency Management Coordinator 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.
[N.J.S.A. App. A:9-40.3]
Each Emergency Management Coordinator shall appoint a Deputy Emergency Management Coordinator with the approval of the Mayor. Wherever possible, such deputy shall be appointed from among the salaried officers or employees of the Borough.
[1983 Code § 33-30.5]
The position of Environmental Officer is created and the employment of a person to fill such vacancy is authorized.
[Added 12-21-1994 by Ord. No. 94-18; 1983 Code § 33-30.6; New]
The Environmental Officer shall have the following powers and duties:
A. 
Prepare environmental research documents such as:
1. 
Environmental impact statement (EIS).
2. 
Environmental resource inventory (ERI).
B. 
Monitor and maintain as directed all rivers, lakes, ponds, streams, brooks and rills in compliance with the Environmental Protection Agency (EPA)/Department of Environmental Protection (DEP) Regulations and the Army Corp. of Engineers (ACOE) Standards.
C. 
Act as liaison to:
1. 
The Environmental Protection Committee.
2. 
The Board Flood Advisory Committee.
3. 
Such other committees as shall be assigned by the Mayor and Council or the Borough Administrator.
D. 
Advise the Administrator, Attorney, Engineer, Health Officer, Construction Official and Public Works Director with respect to:
1. 
Stream encroachments.
2. 
Coastal resources.
3. 
Wetlands impact.
4. 
Fisheries habitat.
5. 
Environmental hazards.
6. 
Such other tasks and duties as may be assigned by the Borough Administrator.
E. 
Assess environmental hazard and recommend abatement procedures.
F. 
Receive and inspect environmental and stream dumping complaints, refer such complaints to enforcement agencies and monitor enforcement compliance.
G. 
Render monthly written reports to the Mayor and Council.
H. 
Issue a written Notice of Violation to property owner(s) who violate any environmental or health related ordinance, regulation or statute. The Notice of Violation shall state that corrective action is mandated within a specified reasonable period of time and that a penalty may be assessed after a Summons is issued by the appropriate law enforcement authority should the violation remain unabated beyond the time set for corrective action. Service of the Notice of Violation on the property owner(s) shall be by either personal service or certified and regular mail. If service cannot be successfully accomplished by either method, then the Notice of Violation shall be posted at the site of the violation.
[1983 Code § 33-30.7]
The Environmental Officer shall be under the direct supervision and shall be responsible to and shall report to the Borough Administrator. The Borough Administrator shall approve work assignments and, in consultation with the Environmental Officer, establish priorities, scheduling of work, deadlines and such other matters as shall be necessary to assure proper administration.
[1983 Code § 33-30.8]
The term of the Environmental Officer shall be for the calendar year in which the Environmental Officer is appointed. His term shall commence on the date of appointment and terminate on December 31 of the year of appointment. Vacancies other than due to the expiration of the term shall be filled by appointment for the unexpired term.
[1983 Code § 33-30.9]
The Environmental Officer shall be chosen on the basis of his actual experience in or his knowledge of those matters which are included in his powers and duties.
[1983 Code § 33-30.10; New]
The Environmental Officer shall receive such salary as provided in the Salary Ordinance.
[1983 Code § 33-21]
The duties of the Superintendent of Public Works shall include the supervision, care and maintenance of streets, roads, avenues, public buildings, public places, sewers and motor vehicles of the Borough.
[1983 Code § 33-22]
The person holding office, position or employment as full-time Superintendent of Public Works who has held the office, position or employment continuously for five years or more shall continue to hold the office, position or employment, notwithstanding he is serving for a fixed term, during his good behavior and efficiency and shall not be removed therefrom for political or other reasons except for good cause upon written charges filed with the Municipal Clerk and after a public, fair and impartial hearing.
[1983 Code § 33-23]
The person holding office, position or employment as full-time Superintendent of Public Works and who has held the office, position or employment continuously for five or more years may be retired when he shall have attained the age of 70 years.
[1983 Code § 33-31]
Under the direction of the Mayor and Council, the Construction Official/Zoning Officer shall:
A. 
Inspect new and existing buildings and structures to assure compliance with the Uniform Construction Code.
B. 
Enforce the Uniform Construction Code to ensure public safety, health and welfare insofar as they are affected by building construction.
C. 
Enforce the Building Code and Zoning Ordinances of the Borough of Pompton Lakes.
D. 
Do related work as required.
E. 
Conduct field inspections and render reports.
[1983 Code § 33-32]
Examples of work done by the Construction Official/Zoning Officer are as follows:
A. 
Examines plans for new structures to see that they comply with the Building Code and Zoning Ordinances; sees that building repairs and alterations conform to established rules and regulations; periodically inspects buildings within the municipality to assure that construction and alteration work follows approved plans.
B. 
Makes periodic inspections of Borough buildings and grounds and recommends the making of needed repairs.
C. 
Initiates legal action against violations of the Building Code and Zoning Ordinance; makes building investigations; prepares and supervises the preparation of needed records and files.
D. 
Conducts field inspections and renders reports in connection with public contracts, compliance with subdivision conditions and requirements, compliance with site plan conditions and requirements and generally conducts such inspections and investigations and reports thereon as the Mayor and Council may require and direct in connection with the requirements and standards of ordinances, resolutions, rules and regulations of the Borough of Pompton Lakes.
E. 
Collects fees for the issuance of various permits and keeps records of same.
F. 
Prepares lists of property owners for taxpayers of the Borough of Pompton Lakes or their legal representatives pursuant to N.J.S.A. 40:55D-1 et seq. and all other duties as may be required due to amendments of the New Jersey statutes as they apply to this position.
[1983 Code § 33-33]
A. 
Appointees will be required to possess a driver's license valid in New Jersey only if the operation of a vehicle, rather than employee mobility, is necessary to perform the essential duties of the position.
B. 
Other requirements are as follows:
1. 
R.C.S. license.
a. 
Requirements of the UCC for Class III structures.
(1) 
Structural design and analysis techniques necessary to check compliance with the Uniform Construction Code particularly with regard to wood framing, light steel and wall bearing systems, which includes foundation, wall, floor and roof framing systems.
(2) 
Basic material standards and code and enforcement requirements related to weatherability and durability of installed construction materials.
(3) 
Basic fire protection requirements.
(4) 
Basic inspection tools and test methods.
(5) 
The organization and content of the Uniform Construction Code.
(6) 
The preparation of violation notices and prescribed inspection recordkeeping.
(7) 
The classification of structures into class category.
b. 
The ability to:
(1) 
Analyze and interpret the provisions of the Uniform Construction Code that apply to buildings and other laws, rules, regulations and policies applicable to buildings.
(2) 
Carry out the provisions of the Uniform Construction Code as they relate to residential and small commercial structures.
(3) 
Prepare building construction plans and specifications and to review for accuracy and feasibility those prepared by others.
(4) 
Work harmoniously with other municipal unit heads and with private contractors and architects.
(5) 
Make thorough investigations and inspections.
(6) 
Prepare clear, sound, accurate and informative reports of inspections and investigations containing findings, conclusions and recommendations.
(7) 
Keep required records and files.
(8) 
Prosecute violations of the Building Code by appearing in court.
2. 
I.C.S. license. The knowledge and abilities for an R.C.S. license plus knowledge of:
a. 
Requirements of the Uniform Construction Code for Class II construction, including organization and content of the Uniform Construction Code regulations and organization and content of the building subcode.
b. 
Basic classification of structures into class categories.
c. 
Methods of systematic plans analysis.
d. 
Information pertaining to structural, architectural, mechanical, plumbing, fire protection and electrical features of buildings which must be shown on plans to ensure compliance with the Uniform Construction Code.
e. 
Code requirements related to fire divisions in buildings.
f. 
Design analysis methods needed to ensure that structural and mechanical elements of building depicted on plans do in fact conform to code requirements.
g. 
Field inspection and controlled inspection techniques necessary to ensure that the materials installed at a construction site are of the same strength and quality as assumed by the design calculations and that they are installed in the manner required to achieve and preserve that strength.
3. 
H.H.S. license.
a. 
Requirements of the UCC for Class I structures.
(1) 
Advanced structural systems, including structural design and analysis technique necessary to check compliance with the code for the heavily loaded and technically advanced systems which characterize Class I buildings.
(2) 
Pile and other foundation systems used to bear very heavy loads and analysis of high-rise framing systems, including wind load and seismic considerations.
(3) 
Fire protection system requirements, standards and design methods for exotic (non-water) fire suppression system.
(4) 
Compartmentation elevator, voice alarm and other high-rise fire safety systems, including material and installation standards and methods for ensuring compliance with those standards.
(5) 
The requirements for and the design principals involved in the various types of heating, ventilating and air-conditioning systems found in Class I structures with particular emphasis on procedures ensuring adequacy of installation, including fire protection requirements for such systems.
b. 
Ability to:
(1) 
Read, write, speak, understand or communicate in English sufficiently to perform the duties of the position.
(2) 
Analyze and interpret the Uniform Construction Code, local building code and other local ordinances that apply to buildings and other laws, rules, regulations and policies applicable to buildings.
(3) 
Carry out the provisions of the Uniform Construction Code as they relate to residential and small commercial structures, industrial and commercial structures and to high-rise/hazardous structures.
[1983 Code § 33-34]
The Construction Official/Zoning Officer shall assume the duties and responsibilities of the Construction Official and Zoning Officer for the Borough of Pompton Lakes.
[1983 Code § 33-35]
The position of Construction Official and Zoning Officer and all references thereto in the Class Specification Report prepared by the New Jersey Civil Service Commission are hereby accordingly amended as above provided.
[1983 Code § 33-36]
This section shall supersede and abolish any prior ordinances which established the positions of Building Inspector, Construction Official and Zoning Officer as part-time positions, including but not limited to hours to be devoted to said position and salary to be paid to such individual or individuals employed in said part-time position.
[New]
Compensation for the Construction Official/Zoning Officer shall be as stated in the Salary Ordinance.
[1983 Code § 41-1]
As used in this section:
BOROUGH PURCHASING AGENT
The Purchasing Agent of the Borough and his designees as Assistant Purchasing Agent(s), and they shall be compensated as provided by the Mayor and Council.
CONTRACTUAL SERVICES
All telephone, gas, water, electric light and power service, repair and maintenance of equipment, machinery and other Borough-owned personal property. The term shall not include professional and other contractual services which are by their nature unique and not subject to competition and are otherwise subject to statutory procedures.
SUPPLIES
All supplies, materials and equipment.
USING AGENCY
Any department, agency, commission, bureau or other unit in the Borough government using supplies or procuring contractual services as provided for in this chapter.
[1983 Code § 41-2; New]
The position of Borough Purchasing Agent is created. The Borough may appoint a qualified Purchasing Agent to obtain the benefits permitted pursuant to N.J.S.A. 40A:11-3a and N.J.A.C. 5:34-5 et seq., as amended. The individual designated to serve as the Purchasing Agent shall meet the criteria and possess a Qualified Purchasing Agent Certificate pursuant to N.J.S.A. 40A:11-9.
[1983 Code § 41-3; New]
The Purchasing Agent shall be in charge of and have supervision of the Purchasing Department. The Purchasing Agent shall perform all duties required of a department head by law, and shall have the powers and duties prescribed by this section. The Purchasing Agent shall:
A. 
Be appointed by the Mayor with the advice and consent of the Council for a term of three years.
B. 
Have had, prior to appointment, at least three years' experience in municipal government in the executive capacity.
C. 
Be bonded in an amount of at least $5,000 or, in the alternative, be included under the blanket municipal bond.
D. 
Have the power and it shall be the duty to purchase or contract for all supplies and contractual services needed by any using agency of the Borough in accordance with purchasing procedures as prescribed by this section and such rules and regulations as the Purchasing Agent shall adopt for the internal management and operation of the Purchasing Department.
[1983 Code § 41-4]
The authority of the Purchasing Agent shall not include construction of buildings, street or park construction, improvements, maintenance and other related projects.
[1983 Code § 41-5]
Except as herein provided, it shall be unlawful for any Borough officer or employee to order, to purchase or to make any contract within the purview of this section, other than through the Purchasing Department, and any purchase order or contract made contrary to the provisions hereof shall not be approved by the Purchasing Agent and the Borough shall not be bound thereby.
[1983 Code § 41-6]
In addition to the purchasing authority conferred herein, the Purchasing Agent shall:
A. 
Act to procure for the Borough the highest quality in supplies and contractual services at the least expense to the Borough.
B. 
Encourage uniform bidding procedures and endeavor to obtain full and open competition insofar as possible on all purchases.
C. 
Establish and amend when necessary, all rules and regulations authorized by or promulgated under this chapter and any others reasonably necessary to implement its operation.
D. 
Keep informed of current developments in the field of purchasing, prices, market conditions and new products and secure for the Borough the benefit of research done in the field of purchasing by other governmental jurisdictions, national technical societies and trade and business organizations.
E. 
Prescribe and maintain such rules as he shall find reasonably necessary to the operation of this section and of the Purchasing Department.
F. 
Prepare, adopt and maintain a vendor's catalog file. Said catalog shall be filed according to materials and shall contain descriptions of vendors' commodities.
G. 
Explore the possibilities of buying in bulk in order to take full advantage of discounts.
H. 
Act to procure for the Borough all federal tax exemptions to which it is entitled.
I. 
Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.
J. 
Prepare and secure, with the cooperation of the various Borough departments and agencies, standard and written specifications for supplies used by the various branches of the Borough government.
[1983 Code § 41-7]
All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the Purchasing Agent detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such time and for such future periods as the Purchasing Agent shall prescribe. The Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated cost; but revision as to quality shall be in accordance with the standards and specifications established pursuant to this section.
[1983 Code § 41-8]
A. 
Any purchase order or contract within the purview of this section in which any officer or employee of the Borough of Pompton Lakes has any financial interest or benefit, directly or indirectly, shall be void.
B. 
The Purchasing Agent and every officer and employee of the Borough, is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded any rebate, gift, money or anything of value whatsoever.
[1983 Code § 41-9]
All purchases of and contracts for supplies and contractual services shall, except as specifically provided herein, be based wherever possible, on competitive bids.
[1983 Code § 41-10]
A. 
All supplies and contractual services, except as otherwise provided herein, when the estimated aggregate value thereof shall exceed the applicable bid threshold established in the state's Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq., as amended), shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals as required by the Revised Statutes of New Jersey, as amended.
B. 
Authorization to publicly advertise for formal bids shall be initiated by approval of the Mayor and Council.
C. 
Formal bids shall be received by the Purchasing Agent unless otherwise ordered by the Mayor and Council. The Purchasing Agent may also hold the office of the Municipal Clerk, Borough Administrator and/or the Borough Treasurer.
D. 
The Purchasing Agent and department head of the using department shall review bids and submit recommendations as to the award to the Mayor and Council for their action or disposition in the manner provided by law.
E. 
The Mayor and Council shall award or reject bids under this section.
[1983 Code § 41-11; New; N.J.S.A. 40A:11-3]
A. 
All purchases of supplies and contractual services of less than the estimated aggregate value of $17,500 may be made in the open market without newspaper advertisement and without observing the procedure prescribed by Subsection 2-31.10 for the award of formal contracts in the manner permitted by the Revised Statutes of New Jersey.
B. 
All requisitions shall be approved in writing by a department head prior to transmittal to the Purchasing Agent.
C. 
All open market purchases shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder.
D. 
The Purchasing Agent shall solicit bids in the manner provided by law, including but not limited to:
1. 
Direct mail request to prospective vendors.
2. 
Telephone.
3. 
Public notice.
E. 
The Purchasing Agent shall keep a record of all open orders and all competitive bids submitted in connection therewith.
[1]
Editor's Note: In the event of purchases by a Qualified Purchasing Agent (QPA), the provisions of N.J.S.A. 40A:11-3 shall control.
[1983 Code § 41-12]
Emergency purchases shall be made as follows:
A. 
By the Purchasing Agent. In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Purchasing Agent shall secure by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services, the amount of the expenditure shall be limited as provided in the New Jersey Local Public Contracts Law and administrative regulations appurtenant thereto, as amended.
B. 
By the department head. In case of actual emergency and with the consent of the Purchasing Agent, the department head may purchase emergency supplies whose emergency procurement is essential to prevent delays in the work of the using agency which may affect the life, health, essential services or convenience of citizens.
C. 
The head of such using agency shall send to the Purchasing Agent a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency.
D. 
The Purchasing Agent shall prescribe by rules and regulations the procedure under which emergency purchases by heads of using agencies may be made.
[1983 Code § 41-13]
A. 
The head of the using agency shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.
B. 
The Purchasing Agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Purchasing Agent shall have the authority to make use of laboratory facilities of an outside laboratory. The costs of such tests shall be charged to the using agency.
[1983 Code § 41-14]
A. 
All using agencies shall submit to the Purchasing Agent, at such times and in such form as he shall prescribe, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped.
B. 
The Purchasing Agent shall submit to all departments, prior to the sale of surplus materials as described below, a list of items no longer required to determine if they can use any of the equipment, parts and supplies listed.
C. 
The Purchasing Agent shall have the authority to transfer surplus stock to other using agencies.
D. 
The Purchasing Agent shall have the authority to sell all supplies which have become unsuitable for public use or to exchange the same for or trade in the same on new supplies in the manner and subject to procedures set forth in the Revised Statutes of New Jersey, as amended.
E. 
Any and all sales under this section shall be made to the highest responsible bidder in accordance with the Revised Statutes of New Jersey in such case made and provided. A record of each sale shall be made and placed on file in the office of the Municipal Clerk.
[1983 Code § 41-15]
The Purchasing Agent shall have the authority to join with other units of government in cooperative purchasing plans as provided for in the Revised Statutes of New Jersey when the best interests of the Borough could be served thereby.