[Added 4-8-2020 by Ord. No. 04-2020]
There is hereby created the position of Borough. Administrator
pursuant to N.J.S.A. 40A:9-136.
The Borough Administrator shall be appointed by the Mayor with
the advice and consent of the Borough Council pursuant to N.J.S.A.
40A:9-137. The term of office of the Borough Administrator shall be
at the pleasure of the Mayor and Borough Council. The Borough Administrator
may serve as a full-time or part-time employee to be determined by
the Mayor at the time of appointment.
The Borough Administrator may be removed by a two-thirds vote
of the Borough Council. The resolution of removal shall become effective
three months after its adoption by the Borough Council, which may
provide that the resolution shall have immediate effect; provided,
however, that the governing body shall cause to be paid to the Administrator
forthwith any unpaid balance of his/her salary for the next three
calendar months following adoption of the resolution.
a.
The Borough
Clerk shall, without compensation, serve as the Assistant Borough
Administrator, to assist the Borough Administrator, and to serve as
Acting Borough Administrator performing the duties of the Administrator's
office during his absence or disability of less than 10 days.
a.
The Borough
Administrator shall receive such salary as may be fixed and adopted
by the Salary Ordinance of the Borough of East Newark. He/she shall
receive no additional compensation for other positions whose titles
he/she may hold, but shall be reimbursed for all necessary expenses
incurred in the performance of his/her office.
b.
Unless
otherwise provided, no Acting Borough Administrator shall be paid
more than his/her regular salary while serving in that capacity, but
he shall be reimbursed for all necessary expenses incurred in the
performance of his/her office. If the Mayor and Council, by resolution,
increases the compensation of the Acting Borough Administrator during
his/her term, such increased compensation shall not exceed the minimum
established in the Salary Ordinance for the position of Borough Administrator.
a.
The Borough
Administrator shall be appointed on the basis of executive and administrative
abilities and qualifications. Previous responsible, successful experience
in local government is required, and at a minimum, possession of a
B.A. or B.S. degree in government, public or business administration
or municipal management or a related field of study from an accredited
institution of higher education is required.
b.
At the
time of appointment, the Borough Administrator need not be a resident
of the Borough of East Newark.
The Borough Administrator shall be the Chief Administrative
Officer of the Borough, responsible to the Council for the administration
of all Borough affairs. The powers and duties of the Borough Administrator
shall include, but not be limited to:
a.
Attending
all meetings of the Mayor and Council and such other meetings as directed
by the Mayor and Council.
b.
Providing
a liaison between. the Mayor and Council and various municipal boards,
agencies and departments of the Borough and its professional advisors.
c.
Keeping
the Mayor and Council currently informed on all matters assigned to
him/her or otherwise within his/her jurisdiction.
d.
Being responsible
for the coordination of interdepartmental operations and managing
the day-to-day operations of the Borough Hall by coordinating and
supervising the activities of all employees.
e.
Making
studies and surveys of the municipal problems of the Borough as shall
be assigned by the Mayor and Council, and preparing and submitting
written reports of his/her findings and determinations to the Mayor
and Council for its consideration and action.
f.
Assisting
the Mayor in having direct responsibility for policy formulation on
overall problems and shall study continually present and future budgets,
purchasing procedures and personnel organization and policies, making
appropriate changes when necessary. He/she also shall make recommendations
to the Mayor and Council relating thereto as he/she deems necessary.
g.
Being responsible
for continually improving communications between the various Borough
personnel, departments, agencies, boards and the Mayor and Council.
h.
Seeing
that all terms and conditions imposed in favor of the Borough or its
inhabitants in any statute or contract are faithfully kept and performed
and, upon knowledge of any violation, call the same to the attention
of the Mayor and Borough Council.
i.
Having
the authority, as expressly designated by the Mayor and Council, to
recommend the removal, discipline and appointment of all department
heads and all employees, subject to the personnel policies of the
Borough and subject to all rules and regulations of the New Jersey
Civil Service Commission as presently exists or as may be promulgated
in the future and, pursuant to the rules and regulations of the Civil
Service Commission of the State of New Jersey, serve as the Appointing
Authority. In addition, he/she shall have the authority to suspend
any and all Borough employees immediately. In cases of suspension,
it shall be his/her responsibility to notify 2/3 of the governing
body within 24 hours.
j.
Continually
reviewing and supervising the Borough's insurance program.
k.
Being responsible
for the overall supervision and maintenance of the real property owned
by the Borough of East Newark.
l.
Aiding
and assisting any Borough official employed to procure funds for the
Borough from various county, state and federal agencies. If such official
is no longer employed by the Borough, he/she shall assume those responsibilities
and act as liaison between the Borough and the various county, state
and federal agencies, with respect to all applications for fund and/or
services needed or required by the Borough of East Newark.
m.
Reviewing
daily any complaints concerning the function and obligations of the
Borough of East Newark made by any of its residents, and he/she shall
have a permanent record of all complaints and the disposition made.
n.
Making
any recommendations which he may believe will increase the efficiency
of the operation of the Borough.
o.
Preparing
and presenting to the Mayor and Council an annual report of the Borough
affairs, which shall include a report from each department head.
p.
Assisting
the Mayor in being responsible for preparation of the operating and
capital improvement budgets for presentation to the Mayor and Council
and for administration of the budget approved by the governing body.
In assisting the Mayor and Chief Financial Officer in preparing the
proposed budget, he/she shall alert department heads to the submission
of their portion thereof with supporting data he/she deems necessary
and shall assist the individual Councilpersons and department heads
in contributing their share of the responsibility for the municipal
budget. He/she shall thoroughly review these requests and submit his/her
recommendations with respect thereto to the governing body in a timely
fashion.
q.
Reviewing
all requisitions from departments for materials, equipment, supplies
and proof of purchase for the Council. He/she shall require the various
departments to furnish an adequate inventory of all equipment, materials
and supplies in stock and to recommend sale of any surplus, obsolete
or unused equipment when authorized by the Mayor and Council.
r.
Developing
and administering a comprehensive personnel program, as provided by
the Council or as provided under department or personnel, rules and
regulations.
s.
Implementing
and enforcing the policies of the Mayor and Council with respect to
the compiling and release of public information.
t.
Supervising
the disbursement of all Borough funds and approving all vouchers and
bills before submitting same to the Mayor and Council for final approval.
v.
Conducting
annual evaluations of department heads and overseeing evaluation of
personnel.
w.
Performing
such other duties as may be assigned to him/her from time to time
by the Mayor and Council, which duties may be modified from time to
time by resolution or the Mayor and Council.
x.
The Administrator, at the request of the Mayor and Council, shall also serve as the Acting Borough Clerk when, and if, the current Borough Clerk shall resign or the position otherwise becomes vacant and there is no Deputy Borough Clerk serving pursuant to § 2-8.6. Service by the Administrator as the Acting Borough Clerk shall become effective only upon appointment by the Mayor and Council pursuant to statute.
The Administrator, if employed by the Borough full-time, shall
devote full time to the interests of the Borough and shall not hold
any other employment, except that nothing herein shall prevent the
Administrator from being appointed as another Borough Officer. The
Administrator shall not engage in any political activities, nor make
any financial or other contributions to any local political campaign,
lobby effort or issue pending before the governing body; provided,
however, that nothing contained herein shall be deemed to prohibit
the Administrator from appearing before another governmental body
on behalf of the Borough of East Newark when authorized or directed
to do so.
[New]
There shall be a Municipal Clerk appointed by the Mayor and
with the advice and consent of the 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]
No person shall be appointed or reappointed as Municipal Clerk
unless he shall have a Registered Municipal Clerk Certificate issued
pursuant to N.J.S.A. 40A:9-133.2 et seq.
[New]
The Municipal Clerk shall receive compensation as established
by the Borough Council in the Salary Ordinance.
[New]
Pursuant to N.J.S.A. 40A:9-133(e), the Municipal 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 for 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.
[Ord. 3/8/93, §§ 1
— 7; New]
a.
Office Created. The office of Deputy Municipal Clerk is hereby created
in and for the Borough of East Newark by and subject to the provisions
of this chapter and in accordance with N.J.S.A. 40A:9-135.
b.
Appointment; Term of Office. The Deputy Municipal Clerk shall be
appointed by the Mayor with the advice and consent of the Council.
The term of office for the Deputy Municipal Clerk shall be for one
year.
c.
Compensation. The Deputy Municipal Clerk shall receive such compensation
as established by the Salary Ordinance of the Borough of East Newark.
d.
Administrative Responsibilities. During the absence or disability
of the Municipal Clerk and pursuant to N.J.S.A. 40A:9-135, the Deputy
Municipal Clerk shall have all the powers of the Municipal Clerk and
shall perform the functions and duties of such office.
e.
Duties. The Deputy Municipal Clerk shall assist the Municipal Clerk
in the discharge of the responsibilities of the Municipal Clerk as
set forth in N.J.S.A. 40A:9-133(e), namely:
1.
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 Governing Body
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class or record;
2.
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;
3.
Serve as the Chief Administrative Officer in all elections held in
the municipality, subject to the requirements of Title 19 of the New
Jersey Statutes Annotated;
4.
Serve as the Chief Registrar of Voters in the municipality, subject
to the requirements of Title 19 of the New Jersey Statutes Annotated;
5.
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;
6.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated to Title
47 of the New Jersey Statutes Annotated;
7.
Perform such other duties as are not or hereafter imposed by Statute,
regulation or by municipal ordinance or regulation.
f.
Qualifications. The person so appointed as Deputy Municipal Clerk
shall be at least 21 years of age, a citizen of the United States,
of good moral character and shall have obtained a certificate of diploma
issued after at least four years of study at an approved secondary
school or shall have received an academic education considered and
accepted by the Commissioner of Education as fully equivalent and
shall have met any other qualifications as set forth by Statute.
[1985 Code § 2-6.2; Ord. 10/11/89]
The position of Chief Financial Officer is hereby created in
accordance with N.J.S.A. 52:27BB-26 et seq. and N.J.S.A. 40A:9-140.1
et seq.
[1985 Code § 2-6.1; Reso. 1-3-07]
a.
Established. There shall be established in the Borough the Office
of Borough Treasurer.
b.
Duties. The required duties of the Borough Treasurer shall include
but not be limited to the responsibilities as defined in the applicable
State Statutes and/or Administrative Code Rules and Regulations as
applicable to the office of Treasurer of a local governmental municipality
and as defined in applicable ordinances and/or resolutions of the
Borough of East Newark as related to the Treasurer and the following:
preparation and processing of payrolls of the Borough; cash journals;
banking reconciliations; encumbrance systems; budgeting; budget preparation;
payment voucher issuances and any other financial aspects of the Borough
under the direction of the Chief Financial Officer; and any other
duties as assigned by the Mayor.
c.
Term of Office. The term of office of the Borough Treasurer shall
be as determined by the Council in accordance with existing law.
[Ord. No. 10-12]
a.
There is hereby created the position of Purchasing Agent for the
Borough of East Newark.
b.
The Purchasing Agent shall be appointed by the Mayor and Council
of the Borough of East Newark.
c.
The Purchasing Agent is required to possess a valid Qualified Purchasing
Agent Certificate, as issued by the New Jersey Division of Local Government
Services, Department of Community Affairs.
d.
The Purchasing Agent shall have, on behalf of the Mayor and Council
of the Borough of East Newark, the authority, responsibility and accountability
for: the purchasing activity pursuant to Local Public Contracts Law
(N.J.S.A. 40:11-1 et seq.) to prepare public advertising for and to
receive bids and requests for proposals for the provision or performance
of goods, services and construction contracts; to award contracts
pursuant to New Jersey law in accordance with the regulations, forms
and procedures promulgated by State regulatory agencies; the establishment
and enforcement of any and all local purchasing policies adopted by
the Governing Body; the purchasing and claims approval authority of
the Borough Purchasing Officer set forth by ordinance; and the conduct
of any activities as may be necessary or appropriate to the purchasing
function of the Borough of East Newark.
e.
Having appointed a Qualified Purchasing Agent pursuant to N.J.S.A.
40A:11-9, the Borough will take advantage of the higher bid threshold
(currently $36,000) pursuant to N.J.S.A. 40A:11-3(a), as such threshold
may be adjusted from time to time pursuant to N.J.S.A. 40A:11-3(c),
but may at its discretion go to bid at a lower amount to encourage
greater competition among bidders.
[New]
Pursuant to N.J.S.A. 40A:9-141 et seq., there shall be a Tax
Collector who shall be appointed by the Mayor with the advice and
consent of the Borough Council.
[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. 40A: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 Tax Collector shall receive compensation as established
by the Borough Council in the Salary Ordinance.
[New]
Pursuant to N.J.S.A. 40A:9-146, there shall be a Tax Assessor
who shall be appointed by the Mayor with the advice and consent of
the Borough Council.
[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 Hudson County Tax Administrator.
These directions shall be pursuant to rules adopted by the Hudson
County Tax Board.
[New]
The Tax Collector shall receive compensation as fixed annually
by the Borough Council.
[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.
[New]
Pursuant to N.J.S.A. 40A:9-139 et seq., there shall be a Borough
Attorney who shall be appointed by the Mayor with the advice and consent
of the Council for a term of one year.
[New]
The Borough Attorney shall be an attorney-at-law of the State
of New Jersey and shall be the legal advisor of the Borough of East
Newark and shall render advice on all legal questions affecting the
municipality whenever requested to do so by the Governing Body. He
shall perform legal services for and on behalf of the Borough and
its officers and several boards, except for such boards as are required
by law to be represented by an attorney other than the Borough Attorney
and except for the services required to be performed by the Borough
Prosecutor.
[New]
The Borough Attorney shall receive compensation as fixed annually
by the Borough Council.
[New]
There shall be a Borough Prosecutor who shall be appointed by
the Mayor with the advice and consent of the Borough Council for a
one-year term commencing on January 1 or such later date on which
the Borough Prosecutor may be appointed, until December 31 of the
year for which he is appointed and until his successor shall have
been appointed and qualified. Any vacancy in the position occurring
other than by expiration of term shall be filled in like manner but
for the unexpired term only.
[New]
The Borough Prosecutor shall be an attorney-at-law of the State
of New Jersey and shall perform the duties of the Borough Prosecutor
in accordance with the laws of the State of New Jersey and ordinances
of the Borough and shall be the advisor to Municipal Court personnel
and the Police Department in matters relating to their duties concerning
the prosecution and preparation of all charges and complaints against
every person charged with a violation of any of the laws of the State
of New Jersey and the ordinances of the Borough, and shall appear
in the appropriate Court in the prosecution of every person charged
with a violation of any State, County or municipal law or ordinance.
[New]
The Borough Prosecutor shall receive compensation as fixed annually
by the Borough Council.
[New; amended 2-13-2019 by Ord. No. 01-2019]
a.
Established.
1.
There is
hereby established the Office of the Public Defender of the Borough
of East Newark. The Public Defender shall be appointed for a term
of one year by the Mayor with the advice and consent of the Borough
Council (hereinafter collectively referred to as the "public defender")
by resolution, within the first seven days of the new calendar year,
of each year who shall serve until December 31 of said year or until
a successor is duly appointed and qualified. The public defender shall
be a duly licensed attorney-at-law of the State of New Jersey, in
good standing. No person shall hold office as public defender and
hold any other office or position in the Borough.
2.
The public
defender shall represent indigent defendants in proceedings over which
the Municipal Court of the Borough of East Newark has jurisdiction.
3.
The Public
Defender shall represent an indigent defendant charged in Municipal
Court with a disorderly persons or petty disorderly persons offense,
or with a crime as specified in N.J.S.A. 2B:12-18 or with the violation
of any statute, ordinance or regulation of a penal nature where, in
the opinion of the Municipal Court, there is a likelihood that the
person, if convicted, will be subject to imprisonment. The Public
Defender shall represent an indigent defendant charged in Municipal
Court with a crime as specified in N.J.S.A. 2B:12-18 or, if in the
opinion of the Municipal Court there is a likelihood that the defendant,
if convicted of any other offense, will be subject to imprisonment
or other consequence of magnitude, the Public Defender shall represent
an indigent defendant.
4.
All communications
between the indigent defendant and the Public Defender or any other
attorney appointed to act as a Public Defender shall be fully protected
by the attorney/client privilege to the same extent and degree as
though counsel had been privately engaged. This shall not preclude
the use by a Public Defender of privileged material for the preparation
and disclosure of statistical, case study and other sociological data,
provided that in any such use there shall be no disclosure of the
identity of or means for discovery of the identity of particular defendants.
5.
If there
is a vacancy in the Office of Public Defender, if the Public Defender
is temporarily unavailable or if a finding of conflict of interest
precludes the Public Defender from representing an indigent defendant,
the Conflict Public shall represent the indigent defendant.
6.
In addition
to any other means provided by the law for the removal from office
of a public official, the Public Defender may be removed by the Borough
Council of the Borough for good cause shown and after a public hearing,
and upon due notice and an opportunity to be heard. Failure to reappoint
the Public Defender for a second or subsequent term does not constitute
a "removal from office."
b.
Application
for Public Defender.
1.
An application
for the services of a public defender shall be submitted to the Municipal
Court Administrator. The maximum fee for said application shall be
$200. In accordance with guidelines promulgated by the New Jersey
Supreme Court, the Municipal Court Judge may waive any required application
fee, in whole or in part, only if he determines at his discretion,
upon a clear and convincing showing by the applicant, that the application
fee represents an unreasonable burden on the person seeking representation.
Said fee may be paid at once, or in installments over a period of
four months or less.
2.
Funds collected
pursuant to this subsection shall be deposited in a dedicated fund
administered by the Chief Financial Officer of the Borough. Such funds
shall be used exclusively to meet the costs incurred in providing
the services of the Municipal Public Defender including, when required,
expert and lay investigation and testimony.
c.
Eligibility
for Services.
1.
Determination
of indigence shall be made by the Office of the Public Defender of
the State of New Jersey for those cases handled by the Ocean County
Office thereof, in accordance with the criteria set forth in N.J.S.A.
2A:158-14. For all other cases, eligibility for the services of a
public defender shall be determined by the municipal court judge on
the basis of the need of the defendant. Need shall be measured according
to Section 14 of P.L. 1967, c. 43 and guidelines promulgated by the
New Jersey Supreme Court.
2.
In the
event that a determination of eligibility cannot be made before the
time when the first services are to be rendered, or if an initial
determination is found to be erroneous, the Municipal Court shall
refer the defendant to the Public Defender provisionally, and if subsequently
it is determined that the defendant is ineligible, the Municipal Court
shall inform the defendant, and the defendant shall be obliged to
engage his/her own counsel and to reimburse the Borough for the cost
of the services rendered to that time.
3.
The Municipal
Court shall make an investigation of the financial status of each
defendant seeking representation pursuant to this section, and shall
have the authority to require a defendant to execute and deliver written
requests or authorizations required under applicable law to provide
the Court with access to records of public or private sources, otherwise
confidential, as may be of aid in evaluating eligibility. The Court
is authorized to obtain information from any public record office
of the state or of any subdivision or agency thereof on request and
without the fees ordinarily required by law.
4.
Whenever
a person entitled to representation by a Municipal Public Defender
pursuant to this section is under the age of 18 years, the eligibility
for services shall be determined on the basis of the financial circumstances
of the individual and the financial circumstances of the individual's
parents or legal guardians. The Borough shall be entitled to recover
the cost of legal services from the parents or legal guardians as
provided in this section, and the Municipal Court shall have authority
to require parents or legal guardians to execute and deliver the written
requests or authorization required under applicable law in order to
provide the Court with access to records of public or private sources,
otherwise confidential, as may be of aid to it in evaluating eligibility.
5.
If the
defendant has or reasonably expects to have means to meet some part,
though not all, of the cost of the services rendered, the defendant
shall be required to reimburse the Borough, either by a single payment
or in installments in such amounts as he/she can reasonably be expected
to pay. The Borough shall have a lien on any property to which the
defendant shall have or acquire an interest for an amount equal to
the reasonable value of the services rendered to a defendant pursuant
to this section as calculated at the same rate as the New Jersey Office
of the Public Defender bills clients at that time. The Borough may
attempt to effectuate such lien and to collect monies due to the Borough
all in accordance with the provisions of S-1886, enacted into law
on September 23, 1997, as amended.
[New]
Pursuant to N.J.S.A. 40A:9-140 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 one year.
[New]
The Borough Engineer shall be a duly licensed professional engineer
of the State of New Jersey and shall provide professional engineering
advice and assistance to the Governing Body, Planning Board and Board
of Adjustment. The Borough Engineer shall provide professional engineering
advice and assistance as may be required by Statute or as requested
by the Governing Body, whether by ordinance, resolution or otherwise.
[New]
The Borough Engineer shall receive compensation as established
by the Borough Council.
[New]
The Office of Emergency Management is hereby created for the
Borough of East Newark. An Emergency Management Officer shall be appointed
by the Mayor and Council.
