[Ord. No. 10-07 § 3; Ord. No. 11-04 § 2; Ord. No. 11-06]
The Borough government shall, in addition to the Governing Body,
consist of the following offices, departments, boards and bodies.
[Ord. No. 96-31 § 1]
There is hereby created the position of Administrator of the
Borough in accordance with the power conferred by N.J.S.A. 40A:9-136.
[Ord. No. 96-31 § 2]
The Administrator shall be appointed by the Mayor with the advice
and consent of the Council with no set term, but shall serve at the
pleasure of the Governing Body and may be relieved of duty at any
time by a two-thirds (2/3) vote of the Council in accordance with
N.J.S.A. 40A:9-136 et seq. In the event of removal, resignation, retirement,
death, absence or disability of the Administrator, the Mayor may,
with the advice and consent of the Council, appoint an Acting Administrator
to serve until an Administrator is appointed pursuant to this section.
[Ord. No. 96-31 § 3]
The Administrator shall be paid a salary fixed and adopted by
the Council in the annual Salary Ordinance. The Administrator shall
receive no additional compensation for other positions whose titles
the Administrator may hold but shall be reimbursed for all necessary
expenses incurred in the performance of his office, subject to approval
by the Governing Body. The wages, compensation and other benefits
accorded to the positions of Administrator, Assistant Administrator
and Acting Administrator shall be as set forth in the annual or interim
Salary Ordinance of the Borough of Tenafly.
[Ord. No. 96-31 § 4; Ord. No. 01-03 § 5; Ord. No. 11-04 § 4]
The basic function of the Administrator shall be to:
a.
Direct and supervise the administration of all departments, offices
and agencies of the Borough, except as otherwise provided by law.
b.
Keep the Mayor and Council adequately informed of Borough activities.
c.
Receive notice of all regular and special meetings of the Governing
Body and all advisory committees, and to attend all meetings of the
Governing Body with the right to take part in the discussion.
d.
Supervise the preparation of and recommend annually to the Mayor
and Council an operating budget, a capital budget, and a five-year
capital plan. The recommended operating budget shall include projections
of revenues and expenses and a projected tax rate. The budgets and
capital plan shall be submitted on a schedule approved by the Mayor
and Council.
e.
Supervise the preparation of and submit to the Governing Body and
make available to the public a complete report of the finances and
administrative activities of the Borough as required by the Mayor
and Council. Keep the Mayor and Council fully advised as to the current
financial condition and future needs of the Borough, and make such
recommendations concerning the affairs of the Borough as the Administrator
deems appropriate.
f.
Prepare and submit to the Mayor and Council an annual report of Borough
affairs, which shall include a report from each department head.
g.
Serve as liaison between the Mayor and Council and the Borough's
departments and agencies, ensuring that employees are informed of
the Mayor and Council's activities and requirements, and that the
Mayor and Council are informed of the programs, needs and achievements
of the Borough.
h.
Ensure that all laws and all acts of the Governing Body subject to
enforcement by the Administrator or by officers and employees subject
to the Administrator's direction and supervision are executed faithfully.
i.
Receive and deal with requests for, and complaints about, Borough
services that cannot be dealt with by the operating departments and
agencies. The Administrator shall keep a record of all such requests
and complaints, and their disposition, and shall report on them to
the Mayor and Council.
j.
Exercise the Mayor's power to appoint and promote subordinate Borough
officers, with the following noted exceptions:
[Amended 6-23-2020 by Ord. No. 20-13[1]]
1.
Appointments and promotions within the Police Department from entry
level up to and including the rank of Sergeant shall be made by the
Administrator and the Chief of Police; appointments and promotions
to ranks above Sergeant (excluding Chief) shall be made by the Administrator,
Chief of Police and the Police Commission.
2.
Recommend appointments of department heads to the Mayor and Council
for approval.
3.
Appointment of an Assistant Administrator shall be made by the Mayor
with the advice and consent of the Council, in accordance with Subsection
2-7.9 of this chapter.
The Administrator shall advise the Mayor and Council of any
appointments no later than the next meeting of the Governing Body.
Any action under this section shall be taken only after the Mayor
and Council have declared a vacancy and authorized its being filled.
4.
Appointments and promotions of subordinate Borough officers shall
include full-time, part-time, temporary and seasonal employees except
where the power to appoint rests with the Mayor and Council.
k.
Take appropriate disciplinary action against Borough employees and
recommend to the Mayor and/or Borough Council, when necessary, suspension
or removal of department heads and other employees, except the Borough
Clerk and Borough Attorney. The Administrator may, for good cause,
suspend a department head or other employee for up to five working
days while recommending more serious disciplinary action to the Mayor
and Council. The Administrator shall advise the Mayor and Council
of any such suspensions no later than the next meeting of the Governing
Body.
l.
Negotiate contracts for the Borough, other than personnel or labor
contracts or those required to be bid under N.J.S.A. 40A:11 et seq.,
as authorized and directed by and subject to the approval of the Governing
Body, and ensure that all terms and conditions favorable to the Borough
in any statute or contract are kept faithfully and performed and,
upon knowledge of any violation, immediately make said violation known
to the Governing Body.
m.
Establish and oversee a proper purchasing system; approve all specifications
for goods and services to be purchased by the Borough by public bid
or formal solicitation of proposals, except for the technical portions
of specifications prepared by any licensed professional; authorize
and approve the purchase of all materials, supplies, equipment, and
labor and services under contract required by any department, office
or agency of the Borough; and approve all bills and vouchers submitted
for payment prior to their submission to the Mayor and Council for
approval.
n.
Authorize any transfer of supplies, materials and equipment between
departments and offices and, with the authorization of the Governing
Body, sell surplus, obsolete, unused or waste supplies, materials
and equipment.
o.
Ensure that all terms and conditions imposed in favor of the Borough
or its inhabitants, by any law or contract, are kept faithfully and
performed. The Administrator may delegate this responsibility to another
Borough employee with respect to any particular contract.
p.
Review and supervise the Borough's insurance program and policies.
q.
Advise the Mayor and Council of actions by other units of government
of importance to the Borough.
r.
Represent the Borough, as directed by the Mayor and Council.
s.
Perform such other duties as may from time to time be assigned or
required by the Mayor and Council.
t.
Serve as the Acting Borough Clerk in the absence, illness or vacation
of the Borough Clerk or Deputy Borough Clerk.
u.
Examine or investigate the operations of Borough departments and
offices and, to the extent permitted by law, direct corrective action
of any shortcomings. The Administrator shall recommend any changes
in policy or other corrections that require action by the Mayor and
Council.
v.
May designate a qualified department head of the Borough to perform
his duties during his temporary absence, illness or vacation.
w.
Oversight and management of all contracts necessary to assure compliance
with the Local Health Services Act.
x.
Supervision and monitoring of the shared services agreement for the
Registrar of Vital Statistics services.
y.
Coordinating the enforcement of state and local public health laws,
rules, regulations, and the issuance of licenses and permits with
the contract Health Officer and Health Inspector; and
z.
Providing support services to the Board of Health.
[Ord. No. 96-31 § 5]
Except in an emergency, the Mayor and Council shall act officially
and as a body when issuing directives to the Administrator or to other
employees of the Borough.
[Ord. No. 96-31 § 6]
The Mayor and Council shall meet with the Administrator annually
to discuss the Administrator's performance. The Mayor and Council,
together with the Administrator, shall set specific goals for the
Administrator.
[Ord. No. 96-31 § 7]
There is hereby created the position of Assistant Administrator
of the Borough of Tenafly.
[Ord. No. 96-31 § 8]
The Assistant Administrator shall perform all of the duties
of Administrator during the absence or illness of the Administrator;
in addition, the Assistant Administrator shall perform those duties
as may be assigned from time to time by the Mayor and Council of the
Borough of Tenafly as well as those duties delegated to the Assistant
Administrator by the Administrator with the consent of the Mayor and
Council.
[Ord. No. 96-31 § 9]
The Assistant Administrator shall be appointed by the Mayor
with the advice and consent of the Council without a set term; however,
the appointment may be canceled at any time by a two-thirds (2/3)
vote of the Council with no further liability for compensation beyond
the date of termination. The person appointed Assistant Administrator
may also hold other appointive positions with the Borough of Tenafly.
[Ord. No. 96-31 § 10]
In the event of the removal, resignation, retirement, death,
absence or disability of the Administrator, an Acting Administrator
may be hired provided moneys are available in the annual budget, in
order to provide for continuity of office, training, familiarity with
Borough personnel and policies and to effectuate the smoothest transition
possible; the Acting Administrator shall be appointed by the Mayor
with the advice and consent of the Council and shall be considered
senior to the Assistant Administrator.
[Ord. No. 04-30]
Pursuant to N.J.S.A. 40A:9-133 et seq., there shall be a Borough
Clerk appointed by the Mayor and Borough Council. The initial term
of office of the Clerk shall be three years in accordance with the
Statutes. The Borough Clerk shall have rights of tenure pursuant to
State Statutes.
[Ord. No. 04-30]
No person shall be appointed as Borough Clerk unless he or she
shall have a registered Municipal Clerk Certificate issued pursuant
to N.J.S.A. 40A:9-133 et seq.
[Ord. No. 04-30]
The salary of the Borough Clerk shall be established in the
Salary Ordinance and in accordance with N.J.S.A. 40A:9-165.
[Ord. No. 04-30]
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.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the Revised
Statutes;
c.
Serve as chief registrar of voters in the Borough, subject to the
requirements of Title 19 of the Revised Statutes;
d.
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;
e.
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;
f.
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 of paper which from the records in his office
shall appear to have been a public act of the Borough or a public
document.
g.
Insurance; Surety Bonds; Contracts; Vehicle Titles. The Borough Clerk
shall:
1.
Be the depository for and the 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 on or with respect to risks insured for the
benefit of the Borough or to protect it against any claim, demand
or liability; and all formal contractors for work, labor, services,
supplies, equipment and materials to which the Borough may be a party.
2.
Be the depository for and the custodian of all performance bonds
running to the Borough as obligee, or any other form of security given
by a contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
3.
Have custody of all leases of property owned by the Borough.
4.
Have custody of all titles of ownership of municipal vehicles.
h.
Administrative Rules and Regulations; Filing and Publication. The
Borough Clerk shall maintain a current compilation of all rules and
regulations, which shall be available for public inspection in his
office during business hours. No rule or general regulation made by
a department, officer, agency or authority of the Borough, unless
it relates to the organization or internal management of the municipal
government or a part thereof, shall take effect until it is filed
with the Clerk.
i.
Perform such other duties as are now or hereafter imposed by Statute,
regulation or by municipal ordinance or regulation.
[Ord. No. 1043 §§ 1
— 4]
a.
Position Created. In accordance with the provisions of N.J.S.A. 40A:9-135,
there is hereby created the position of Deputy Borough Clerk.
b.
Appointment; Term. The Deputy Borough Clerk shall be appointed by
the Mayor with the advice and consent of the Council for a term of
one year commencing January 1st.
c.
Duties. The Deputy Borough Clerk shall act as secretary and aide
to the Borough Clerk and, during the absence, illness, vacation or
disability of the Borough Clerk, shall have all the powers of the
Borough Clerk and shall perform the duties and functions of that office.
In addition, the Deputy Borough Clerk shall perform those duties of
the Borough Clerk delegated by the Borough Clerk with the consent
of the Mayor and Council.
d.
Compensation. The Deputy Borough Clerk shall be compensated in accordance
with the current Salary Ordinance of the Borough.
[Ord. No. 04-30]
In accordance with N.J.S.A. 40A:9-139 there is hereby created
by the Borough of Tenafly the position of Borough Attorney.
[Ord. No. 04-30]
The Borough Attorney shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[Ord. No. 04-30]
The Borough Attorney shall be appointed by the Mayor with the
advice and consent of the Borough Council, and shall hold such position
for a term of one year from January 1 of the year in which the appointment
is made.
[Ord. No. 04-30]
The Attorney shall give all legal counsel and advice required
by the Council or any member thereof and shall, in general, serve
as the legal advisor to the Governing Body on all matters of Borough
business. The Borough Attorney shall represent the Borough in all
judicial and administrative proceedings in which the Borough or any
of its officers or agencies may be a party or have an interest. In
furtherance of his general powers and duties, but without limiting
them, the 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.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough;
c.
With the approval of the Borough Council, compromise or settle litigation
in which the Borough is involved;
d.
Render written opinions upon questions of law submitted to him by
the Governing Body or any member thereof with respect to their official
powers and duties;
e.
Supervise and direct the work of additional attorneys and technical
and professional assistances which the Governing Body may authorize
for special or regular employment in or for the Borough.
[Ord. No. 04-30]
The Borough Attorney shall be paid in accordance with the current
agreement.
[Ord. No. 04-30]
There shall be a Borough Engineer who shall be appointed by
the Mayor with the advice and consent of the Borough Council for a
term of three years. The Borough Engineer shall receive such compensation
as may be agreed upon and determined by the Council. He shall be a
duly licensed professional engineer of the State of New Jersey.
[Ord. No. 04-30]
The Borough Engineer shall perform the duties 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.
Prove technical and engineering advice and assistance to other Borough
departments as needed.
d.
Upon the termination of his service with the Borough, he shall surrender
all papers, documents, memoranda, reports and other materials relating
to the administration of his engineering duties.
There is hereby established a Municipal Court which shall be known as the "Municipal Court of the Borough of Tenafly" in accordance with Article IV of this chapter.
[Ord. No. 932 § 1; Ord. No. 04-30]
There is hereby created the office of Municipal Prosecutor of
the Borough of Tenafly. The office of Alternate Prosecutor is also
created. The Alternate Prosecutor shall be appointed annually to serve
in the event the primary Municipal Prosecutor is unable to appear.
[Ord. No. 932 § 2; Ord. No. 04-30]
The Municipal Prosecutor and Alternate Prosecutor shall be an
attorney at law of the State of New Jersey and shall prosecute on
behalf of the State of New Jersey or the Borough any case to be tried
before the Municipal Court of the Borough of Tenafly. The Municipal
Prosecutor and Alternate Prosecutor shall also be responsible for
any and all duties as may be assigned to that office by Statute, ordinance
or other rule or regulation duly adopted or promulgated by the Mayor
or Borough Council.
[Ord. No. 932 § 3; Ord. No. 04-30]
The term of office for the Municipal Prosecutor and Alternate
Prosecutor shall be for one year effective January 1 of each year
and terminating December 31 of the same year or until the appointment
and qualification of his successor. The Mayor shall appoint the Prosecutor
and Alternate Prosecutor with the advice and consent of the Borough
Council.
[Ord. No. 932 § 4]
The compensation of the Municipal Prosecutor shall be based
upon a retainer as provided for in the current Salary Ordinance, provided,
however, that this shall not preclude additional compensation being
paid to the Municipal Prosecutor for the reasonable value of services
performed when such services have been authorized in advance by the
Mayor and Borough Council for special or extraordinary duties which
might arise because of unique or emergent circumstances.
[Ord. No. 04-30]
The Municipal Public Defender shall be appointed by the Mayor
with the advice and consent of the Council. The Municipal Public Defender
shall serve for a term of one (1) year from the date of his/her appointment
and until his/her successor is appointed and qualified. The appointment
shall be made at the annual reorganization meeting in January of each
year. If a vacancy occurs during the course of the year, the appointment
shall be for the balance of the unexpired year.
[Ord. No. 04-30]
The Public Defender shall represent any individual who, upon
determination by the Municipal Judge, is either indigent or financially
unable to afford an attorney. The Public Defender works under the
Rules and Regulations of the Attorney General's Office.
[Ord. No. 04-30]
The salary of the Public Defender shall be the annual salary
as established by the current Salary Ordinance.
[Ord. No. 04-30]
The Borough of Tenafly may require a person applying for representation
by the Municipal Public Defender to pay an application fee of not
more than $200. 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.
[Ord. No. 1170, Preamble]
The Legislature of the State of New Jersey has enacted the "Local
Historians Enabling Act," P.L. 1979 Chapter 59. (N.J.S.A. 40:10A-1,
et seq.)
The Legislature has declared as a matter of public policy that
each municipality and County may participate to increase the education,
appreciation and communication of our heritage through local historians,
in such manner as to reflect the special character or special historic
or cultural development within each municipality and County, in the
interest of the recreation, education, inspiration and enrichment
of the citizens of this State.
The Borough of Tenafly has recognized the obligation to preserve
the history of the Borough in the past by the appointment of a Borough
Historian and wishes to continue to maintain such an office.
[Ord. No. 1170 § 1]
There is hereby created the office of Borough Historian.
[Ord. No. 1170 § 2]
The Borough Historian shall serve without compensation, but
the Mayor and Borough Council may annually appropriate such funds
as may be necessary to reimburse the Borough Historian for expenses
incurred in the performance of the duties and responsibilities set
forth in this section.
[Ord. No. 1170 § 3]
The Borough Historian shall be appointed by the Mayor with the
approval of the Borough Council and shall serve at the pleasure of
the Mayor and Council.
[Ord. No. 1170 § 4]
The Borough Historian shall have the following powers and responsibilities:
a.
To carry out an historical program, including but not restricted
to collecting, preserving and making available materials relating
to the history of the Borough. The Historian shall store such materials
in such manner as to insure their preservation, and shall notify the
State Archivist, New Jersey Historical Commission, County Historian
and the Mayor and Borough Council of any materials that should be
acquired for preservation. Upon leaving the position, the Borough
Historian shall turn over all materials and records and reports into
the possession of the successor, if then appointed, or to the Borough
Council until a successor shall be appointed;
b.
The Borough Historian shall make an annual report to the Mayor and
Borough Council, stating all the work performed and accomplished during
that year. The Borough Historian shall transmit a copy of such report
to the New Jersey Historical Commission;
c.
The Borough Historian may research, write and cause to have published
a municipal history and may recommend appropriate historical materials
for publication;
d.
The Borough Historian may assist a Landmark Commission, as well as
advise the Mayor and Council, concerning the acquisition, administration,
use and disposition of any landmark or historic site, including such
places in the Borough included on the New Jersey Register of Historic
Places. Such advice may be furnished to the Historic Site Section,
Department of Environmental Protection;
e.
The Borough Historian shall assist in projects of commemoration,
including the erection of monuments, historic markers and guide signs.
[Ord. No. 1170 § 5]
The Borough Historian may employ such clerical assistance as
may be necessary in order to carry out the duties and responsibilities
set forth in this section, within the limits of such funds as may
be made available by the Mayor and Borough Council for such purpose
in the annual budget.
[Ord. No. 04-30]
There shall be a Department of Assessments, the head of which
shall be known as the "Director of the Department of Assessments."
The Director shall also occupy the position of Tax Assessor.
[Ord. No. 04-30]
The Assessor shall be appointed by the Mayor with the advice
and consent of the Borough Council for a term of four years and shall
acquire tenure as provided by law.
[Ord. No. 04-30]
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.
[Ord. No. 04-30]
The Tax Assessor shall:
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for the municipal assessor.
b.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
c.
Maintain a current tax map of the Borough as a public record and
cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other departments as provided by the Code.
d.
Report to the Council as to equalization proceedings and other matters
involving the County tax board and make recommendations as to action
to be taken in that regard.
e.
All records and official documents shall be kept at the Borough Hall.
[Ord. No. 04-30]
The Tax Assessor shall receive compensation as provided in the
current Salary Ordinance, and as provided in N.J.S.A. 40A: 9-165.
[Ord. No. 04-30]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of a term shall be filled by
appointment for the unexpired term.
[Ord. No. 01-16; Ord. No. 04-30]
There is established the position of Deputy Tax Assessor. The
Deputy Tax Assessor shall be appointed and have the powers and duties
as provided by law.
[1]
Editor's Note: Former Section 2-22, Department of Code Enforcement,
previously codified herein and containing portions of Ordinance No.
10-07, was repealed in its entirety by Ordinance No. 11-04.
[Ord. No. 11-04 § 1]
a.
There shall be a Department of Buildings, the head of which shall be the Construction Official appointed pursuant to subsection 2-22.3b hereof, and whose official title shall be Director of the Department of Buildings.
b.
Within the Department of Buildings shall be a Construction Agency,
a Division of Zoning, and a Division of Property Maintenance.
[Ord. No. 11-04 § 1]
The Director of the Department of Buildings shall be compensated
as provided in the current Salary Ordinance.
[Ord. No. 11-04 § 1]
a.
The Construction Official, who shall be licensed as required by law,
shall serve as the chief administrator of the Construction Agency,
as set forth in N.J.A.C. 5:23-4.4.
b.
The Construction Official shall be appointed by the Mayor and Council.
c.
The as chief administrator of the Construction Agency, the Construction
Official shall:
1.
Administer the State Uniform Construction Code in accordance with Chapter 10 of the Code of the Borough of Tenafly and applicable general law.
2.
Coordinate the activities of the Building Subcode Official, Plumbing
Subcode Official, Electrical Subcode Official, Fire Protection Subcode
Official, Elevator Subcode Official and other subcode officials for
such other subcodes as the Commissioner of the New Jersey Department
of Community Affairs shall hereafter adopt as part of the State Uniform
Construction Code.
3.
Administer and supervise a central permit office in accordance with
the requirements of the Uniform Construction Code to receive applications
for construction permits and plan review, issue construction permits
and certificates of occupancy, collect fees, penalties, fines and
issue notices and orders.
4.
Maintain a central file system by block and lot for each property
in the municipality for which a permit has been issued or requested
or for which an action has been taken by the municipal enforcing agency.
[Ord. No. 11-04 § 1]
The Division of Zoning shall be responsible for administering
and enforcing the Zoning Code of the Borough of Tenafly. In that regard,
the Division of Zoning shall:
a.
Review all applications for consideration by the Zoning Board of
Adjustment and make recommendations to such Board.
b.
Review all applications to the Tenafly Historic Preservation Commission
for Certificates of Appropriateness, and forward such applications
to the Historic Preservation Commission as provided under Article
XXXV, Section 807 herein.
c.
Provide staff assistance to the Zoning Board of Adjustment and the
Historic Preservation Commission.
[Ord. No. 11-04 § 1]
The Division of Property Maintenance shall be responsible for
administering and enforcing the Property Maintenance Code of the Borough
of Tenafly.
[Ord. No. 10-03 § 1]
There shall be a Department of Finance, the head of which shall
be known as the Director of the Department of Finance. The Director
of the Department of Finance shall be appointed by the Mayor with
the advice and consent of the Borough Council. The Director of the
Department of Finance may, if qualified, be the Chief Financial Officer
of the Borough. The Director may also occupy the office of Municipal
Treasurer.
[Ord. No. 04-30]
By virtue of N.J.S.A. 40A:9-140.10, the New Jersey Legislature
mandated that the Governing Body of each municipality must create
the position of Chief Financial Officer.
[Ord. No. 89-1 § 1,
New]
There is hereby created the position of Chief Financial Officer
of and for the Borough of Tenafly pursuant to the provisions of N.J.S.A.
40A:9-140.10. The Chief Financial Officer shall be appointed by the
Mayor with the advice and consent of the Borough Council for a term
of four years and shall serve in accordance with the provisions of
N.J.S.A. 40A:9-140.8.
[Ord. No. 04-30]
Pursuant to N.J.S.A. 52:27BB-26 et seq., the Chief Financial
Officer shall oversee financial operations of the Borough:
a.
Receive funds entrusted, received or under the control of any department
and deposit all funds received by him/her in depositories authorized
by the Governing Body by resolution.
b.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all moneys of the
Borough not required for current operations safely invested or deposited
in interest-bearing accounts.
c.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of the Borough bonds and notes for transfer,
registration or exchange.
d.
Keep a full account of all cash receipts and disbursements of the
Borough and at least once each month, or more often if the Governing
Body requires, furnish the Governing Body with a statement of all
moneys received and expended by him/her.
[Ord. No. 04-30]
The Chief Financial Officer shall receive compensation as provided
in the current Salary Ordinance and in accordance with N.J.S.A. 40A:9-165.
[Ord. No. 04-30]
a.
Notwithstanding the provision of any other law to the contrary, any
person who has served as the Chief Financial Officer of the Borough
for four consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Borough's Clerk and the Division of Local Government Services
in the Department of Community Affairs a notification evidencing his
compliance with this section.
b.
Thereafter, the person shall continue to hold office during good
behavior and efficiency, and shall not be removed therefrom except
for just cause and then only after a public hearing upon a written
complaint setting forth the charge or charges against him pursuant
to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification
by the Director pursuant to N.J.S.A. 40A:9-140.12.
[Ord. No. 04-30]
Within the Department of Finance, there shall be a Tax Collector.
Pursuant to N.J.S.A. 40A:9-141 et seq., the Mayor, with the advice
and consent of the Borough Council, shall appoint the Tax Collector.
Nothing herein shall prohibit the appointment of the Chief Financial
Officer to the position of Tax Collector.
[Ord. No. 04-30]
The Tax Collector shall hold office for a term of four years
from January 1 next following his appointment. Vacancies other than
those due to expiration of term shall be filled by appointment for
the unexpired term.
[Ord. No. 04-30]
No person shall be appointed or reappointed as Tax Collector
unless he shall hold a Tax Collector Certificate issued by the Director
of the Division of Local Government Services.
[Ord. No. 04-30]
A Tax Collector certificate shall be obtained upon qualification
and successful completion of the examination given by the Director
of the Division of Local Government Services. Qualifications for certification
shall be in accordance with N.J.S.A. 40A:9-145.2. Revocation or suspension
of any certificate shall be in accordance with N.J.S.A. 40A:9-145.5.
[Ord. No. 04-30]
The Tax Collector shall be charged with the duty of collecting
taxes upon real property in the Borough. The Tax Collector shall possess
all of the powers and duties established by law. The Collector shall
enter in suitable books, which shall be retained at the Borough Hall
to be kept for that purpose, the sums received by him each day for
taxes, with the names of the persons on whose account the same have
been paid; shall keep a record and account of the finances of the
Borough, and shall, within 60 days after the end of the fiscal year,
or when otherwise required by the Council, make and furnish a report
thereof, with a detailed and true statement of all moneys received
by him and disbursed therefrom and for what purposes, from the commencement
of his official year to the date of his report, or for such period
as the Council may require, and a list of delinquent taxpayers for
the previous year. He shall file the report with two copies of the
statement and list of delinquents, with the Borough Clerk within the
time hereinabove specified or when otherwise required by the Council.
He shall, as necessary and as directed, arrange for and conduct sales
of real estate for delinquent taxes.
[Ord. No. 04-30]
The Tax Collector shall receive compensation as provided in
the current Salary Ordinance and in accordance with N.J.S.A. 40A:9-165.
[Ord. No. 1289 §§ 1
— 4]
a.
Creation of Office. There is hereby created the office of Deputy
Tax Collector of the Borough.
b.
Duties. The Deputy Tax Collector, authorized under N.J.S.A. 40:87-15
as a necessary officer, shall perform such duties as may be necessary
to assist and as are related to the office of the Tax Collector, including
but not limited to the collection of current and delinquent taxes,
preparation of forms and clerical work for tax title liens, and sales
recording of information for State and County Board tax judgments
and notification to delinquent taxpayers. The Deputy Tax Collector
shall also assume and be responsible for any and all duties as may
be assigned to that office by Statute, Borough ordinance or other
rule or regulation duly adopted or promulgated by the Mayor and Borough
Council.
c.
Term of Office. The term of office for the Deputy Tax Collector shall
be for one year effective January 1 of each year and terminating December
31 of the same year or until the appointment and qualification of
the successor for the next ensuing year. The Mayor of the Borough
of Tenafly shall nominate the person to fill the office of Deputy
Tax Collector, who shall then be appointed with the advice and consent
of the Borough Council.
d.
Compensation. The compensation of the Deputy Tax Collector shall
be provided in the current Salary Ordinance.
[Ord. No. 10-29]
There shall be an Office of Purchasing Agent within the Department
of Finance. The Purchasing Agent shall be appointed by the Borough
Administrator. The Purchasing Agent will be duly assigned the authority,
responsibility, and accountability for the purchasing activity of
the Borough pursuant to P.L. 1971, c.198 (C.40A-11-1 et seq.).
[1]
Editor's Note: Former Section 2-24, Department of Health,
previously codified herein was repealed in its entirety and abolished
by Ordinance No. 10-07.
[Ord. No. 04-30; 6-9-2020 by Ord. No. 20-09]
a.
There shall be a Department of Public Works, the head of which shall
be known as the "Director of the Department of Public Works" or "Superintendent
of the Department of Public Works." The Director or Superintendent
shall be the designated principal public works manager as required
by state statute and hold the appropriate certificate as required
therein. This person shall be appointed by the Mayor and Council,
in accordance with N.J.S.A. 40A:9-154.6g.
b.
The Director or Superintendent plans, organizes, has charge of, and
has complete responsibility for all programs and activities of the
Department of Public Works such as streets, roads, shade trees, parks
and playgrounds, and sewer line connection, repair and maintenance;
fleet maintenance; sanitation operations including the recycling and
convenience center; and he shall perform and exercise all the powers
and duties and functions vested in or conferred upon the municipal
superintendent of public works by applicable general law.
[Ord. No. 04-30; 6-9-2020 by Ord. No. 20-09]
The Director or Superintendent of the Department of Public Works
shall receive compensation as provided in the current Salary Ordinance.
[Ord. No. 04-30]
There shall be a Department of Recreation, the head of which
shall be known as the "Director of the Department of Recreation."
The Director shall be appointed by the Mayor and Council.
[Ord. No. 04-30; Ord. No. 09-13 § 1]
a.
The Director of Recreation shall have and perform all the powers
and duties prescribed by applicable general law and ordinances of
the Borough.
b.
The Director shall be in charge of all recreational program activities
of the Borough.
c.
The Director shall administer the work of the Department in accordance
with the policies established or approved by the Mayor and Council
following recommendations of the Recreation Board and shall supervise
an efficient administrative organization for the Department.
d.
He may promote recreational programs through the use of volunteers
and staff workers and may establish and promote corporate planning
and working relationships with other local community agencies including
the Board of Education.
e.
He may expend departmental funds in accordance with budget appropriations
and ordinances.
f.
He shall attend all regular and special meetings of the Recreation
Board. He shall submit a monthly report to the Board advising it as
to the conduct and progress of recreational activities and facilities
in the Borough.
[Ord. No. 04-30; Ord. No. 09-13 § 2]
There is hereby established a Recreation Board (hereinafter
referred to as the "Board") within the Borough of Tenafly.
[Ord. No. 09-13 § 2]
The Board shall:
a.
Determine recreation needs and recommend uses of Borough facilities
and equipment.
b.
Provide advice and recommendations on the purchase, acquisition,
improvement and/or construction of any lands, buildings or structures
to be used for recreation purposes.
c.
Assist the Planning Board in the preparation and amendment of the
Recreation and Open Space Plan, as well as its relationship with other
Master Plan Elements.
d.
Recommend rules for the use of Borough recreation facilities.
e.
Exercise control over the use of Borough playgrounds and recreation
facilities.
f.
Recommend appointment of a Recreation Director to the Mayor and Council
and recommend appointment of full-time staff to the Borough Administrator.
g.
Recommend recreation program user fees and approve procedures for
the collection and deposit of such fees.
h.
Approve and have jurisdiction over all sponsored and cosponsored
activities except the sponsorship or cosponsorship of any new athletic
organizations or groups, which shall require approval from the Mayor
and Council.
i.
Promulgate rules to regulate sponsored activities.
j.
Maintain communications with recreational cosponsored and quasi-municipal
organizations in order to coordinate the use of facilities and establish
consistent policies and cooperation among various groups.
k.
Develop an annual recreation budget and review annual and seasonal
program finances; including advising the Borough Council of the amount
of resources required to support recreation activities and programs
on an annual basis.
l.
Recommend the reallocation and use of Recreation Trust Fund balances
and set priorities for the use of such balances for recreation programs
and activities.
m.
Plan and coordinate community recreation and leisure programs.
n.
Approve the creation of new recreation programs and activities provided
such programs and activities are self-sufficient without the use of
tax dollars.
o.
Recommend new recreation programs and activities that require financial
support from the municipal budget.
p.
Study such matters as may be referred to it by the Governing Body
and report its findings and conclusions thereon in writing to the
Governing Body.
q.
Recommend a "Code of Conduct" to govern participants of all sponsored
and cosponsored recreation programs and activities.
r.
Decide appeals from residents aggrieved by the decision of the Recreation
Director.
s.
Authorize reductions or waivers of recreation program fees in cases
of demonstrated economic hardship and need.
[Ord. No. 09-13 § 2;
amended 5-7-2019 by Ord. No. 19-08]
The Recreation Board shall be comprised of seven members appointed
to overlapping terms of three years. The Director of Recreation and
the Director of Youth Services shall serve as ex officio members.
The Mayor shall appoint each member, with the advice and consent of
the Council, in the same manner provided by law for the appointment
of Borough officers.
[1]
Editor's Note: The Recreation Commission referenced by former Tenafly Code Section 2-26.3, as may have been codified by Ordinance 04-30, is hereby abolished, and each current member of the abolished Recreation Commission is hereby constituted and appointed as a member of the new Recreation Board established by this ordinance, to serve for the remainder of the member's term of appointment to the abolished Recreation Commission.
[Ord. No. 09-13 § 2]
In the event of a vacancy during the term of any member of the
Board, the vacancy shall be filled for the member's unexpired term
in the same manner as the original appointment.
[Ord. No. 09-13 § 2]
The Board shall elect a Chairman and Vice Chairman at its organizational
meeting in January. The Director of Recreation, or his designee, shall
automatically assume the duties of Secretary to the Board and shall
keep on file minutes of the meetings and copies of the official correspondence
of said Board.
[Ord. No. 09-13 § 2]
The Board shall hold 10 regular monthly meetings at the same
time and day of month in the Tenafly Borough Hall as set in its organizational
meeting in January and shall meet in the months of July and August
on an as needed basis only. Special meetings may be called by the
Chairman on three days' notice to each member of the Board; or upon
three days' notice to all members signed by at least two members of
the Board. The Board may make and amend rules and regulations concerning
the conduct of its meetings.
[Ord. No. 09-13 § 2]
Any person aggrieved by the decision of the Recreation Director
with the administration of any recreation program or activity shall
have the right within 10 days of the issuance of any decision by the
Recreation Director, or his designee, to appeal in writing to the
Board, which shall take action as it deems appropriate in the matter.
The Board shall notify the Mayor and Council of its decision in writing.
In the case of an appeal regarding the refund of a program fee only,
the aggrieved person may submit an appeal in writing to the Mayor
and Council within five days of the issuance of any decision by the
Board.
[Ord. No. 04-30]
There shall be a Department of Police, the head of which shall be the Chief of Police, who shall organize and administer the work of the police force in accordance with Section 2-45 of this Chapter. The Chief of Police shall be appointed by the Mayor and Council.
There shall be a Department of Fire, the head of which shall be the Fire Chief, who shall be elected by the members of the department in accordance with Section 2-47 of this Chapter.
[Ord. No. 04-30]
Within the Fire Department, there shall be a Fire Prevention Bureau which shall be designated the local enforcing agency responsible for the enforcement of the Uniform Fire Safety Act and organized in accordance with Chapter 11 of the Code of the Borough of Tenafly.
There shall be a Volunteer Ambulance Corps established in accordance with Section 2-46 of this chapter.
[Added 10-6-2022 by Ord.
No. 22-21]
Pursuant to statutory authority, and subject to and consistent
with the provisions of the New Jersey Tort Claims Act,[1] the Borough hereby indemnifies its employees, appointees
and officials and former employees, appointees and officials in accordance
with the indemnification provisions applicable by statute to all municipal
employees, except with respect to liability for any act or omission
of a public employee within the scope of his or her employment in
the same manner and to the same extent as a private individual under
like circumstances ("injury" being defined as to mean death, injury
to a person, damage to or loss of property or any other injury that
a person may suffer that would be actionable if inflicted by a private
person).
[1]
Editor's Note: See N.J.S.A. 59:1-1 et seq.
[Added 10-6-2022 by Ord.
No. 22-21]
The terms of this chapter and the definitions of "official,"
"employee" and "appointee" are to be construed liberally in order
to effectuate the purposes of this chapter except that these terms
shall not mean: a) any person who is not a natural person; b) any
person while providing goods or services of any kind under any contract
with the Borough except an employment contract; c) any person while
providing legal or engineering services for compensation unless said
person is a full-time employee of the Borough; and d) any person who
as a condition of his or her appointment or contract is required to
indemnify and defend the Borough and/or secure insurance.
[Added 10-6-2022 by Ord.
No. 22-21]
Indemnification under this section shall apply to the following,
among other things (the listing of which is not intended to limit
in any way the scope of indemnification):
a.
Liability for an injury resulting from the exercise of judgment or
discretion vested in an employee, appointee or official or a former
employee, appointee or official.
b.
Liability for legislative or judicial action or inaction or administrative
action or inaction of a legislative or judicial nature.
c.
Liability for the exercise of discretion in determining whether to
seek or whether to provide the resources necessary for the purchase
of equipment, the construction or maintenance of facilities, the hiring
of personnel and, in general, the provision of adequate governmental
services.
d.
Liability for the exercise of discretion when, in the face of competing
demands, an employee, appointee or official determines or a former
employee, appointee or official determined whether and how to utilize
or apply existing resources, including those allocated for equipment,
facilities and personnel.
e.
Liability arising out of the acts or omissions of an employee, appointee
or official or a former employee, appointee or official in carrying
out his or her ministerial functions.
[Added 10-6-2022 by Ord.
No. 22-21]
Indemnification under this article shall not apply, however,
in the following instances:
a.
Where liability is alleged for an act or omission constituting a
crime, actual fraud, actual malice or willful misconduct. "Willful
misconduct," as used in this section, includes but is not limited
to acting knowingly and clearly outside the scope of one's authority.
b.
Where the legal proceeding involves a claim of misfeasance or malfeasance
in office, or a claim of fraud, theft or misappropriation of public
funds, and the municipal employee, appointee or official is found
liable for the charge.
c.
Where the legal proceeding is instigated or brought by the municipal
employee, appointee or official.
d.
Where the legal proceeding is instigated or brought by the Borough
against the municipal employee, appointee or official.
e.
Where the legal proceeding involves a question concerning the election
laws.
[Added 10-6-2022 by Ord.
No. 22-21]
The indemnity provided under this section shall apply only in
excess of all insurance, regardless of the ownership of such insurance
policy, against any loss or losses covered by the indemnity provided
by this section.
[Added 10-6-2022 by Ord.
No. 22-21]
a.
A municipal employee, appointee or official shall not be entitled to indemnification pursuant to this section unless, within 10 calendar days of the time the person is served with any summons, complaint, process, notice, demand or pleading, the municipal employee, appointee or official delivers the original or a copy thereof to the Borough Clerk. The Borough Council shall confirm coverage by resolution so long as the action or liability does not arise from one of the exceptions noted in subsection 2-33.4, supra.
b.
The municipal employee, appointee or official shall be obliged to
cooperate with the Borough in the conduct of their defense. The municipal
employee, appointee or official may join in their own defense, provided
that they do so at no cost or expense to the Borough, and provided,
further, that joining in said defense does not materially interfere
with, delay, impede or weaken the defense provided by the Borough
under the terms of this section. The refusal of the municipal employee,
appointee or official to cooperate with the Borough shall terminate
the Borough's obligation to indemnify the municipal employee, appointee
or official.
c.
Whenever competent and disinterested legal counsel is available to
the Borough through any insurance coverage, the municipal employee,
appointee or official shall be obliged to be represented by such counsel.
If the Borough wishes to use the Borough Attorney or the Attorney
for any board or committee of the Borough to defend the action, the
municipal employee, appointee or official shall be obligated to be
represented by that Attorney unless there is a conflict of interest.
[Added 10-6-2022 by Ord.
No. 22-21]
To the extent N.J.S.A. 40A:14-155, as the same may be amended
or supplemented, provides broader indemnification to members of the
Borough Police Department, that statute shall supersede this section.
[Added 10-6-2022 by Ord.
No. 22-21]
Any legal action which may be covered by this section which
has not been reduced to final judgment as of the effective date of
this section shall be covered by the terms of this section.
