[New]
There shall be a Municipal Clerk appointed by the Mayor and
Borough Council. The term of office of the Clerk shall be three years
which shall run from January 1 in the year in which the Clerk was
appointed.
[New]
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 et seq.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[New]
Refer to N.J.S.A. 40A:9-133.1 et seq.
[New]
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 the chief registrar of voters held in the Borough, subject
to the requirements of Title 19 of the New Jersey Statutes Annotated;
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or ordinance has delegated that
responsibility to some other Borough officer;
f.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the New Jersey Statutes Annotated;
g.
Perform such other duties as are now or hereafter imposed by statute,
regulation or by ordinance or regulation.
[Ord. No. 1/11/89; New]
a.
Creation of Position. There is hereby created the office of Deputy
Municipal Clerk, to be appointed by the Borough Council for a term
of one year, commencing January 1 annually and ending on December
31, or until a successor is appointed. Should the office become vacant
during any term it shall be filled by similar appointment for the
unexpired term.
b.
Duties. The Deputy Municipal Clerk shall perform the duties of the
Municipal Clerk in the absence or disability of the Clerk. At all
other times the Deputy Clerk shall act as the assistant to the Municipal
Clerk and be under the control and charge of the Municipal Clerk and
shall perform such other duties and functions as are required by this
office or the Borough Council.
c.
Salary. The salary of the Deputy Clerk shall be designated by ordinance
as required by Title 40A of the New Jersey Statutes and as set forth
in the Salary Ordinance of the Borough. Notwithstanding that the Deputy
may act in the capacity of the Borough Clerk for any extended period
of time, he shall not by such reason be entitled to an increase in
salary other than set forth in the salary ordinance.
[Ord. 7/26/94 § 1]
The Office of Borough Administrator is hereby created pursuant
to the provisions of N.J.S.A. 40A:9-136.
[Ord. 7/26/94 § 2]
The compensation of the Borough Administrator shall be provided
in the Salary Ordinance.
[Ord. 7/26/94 § 3]
The Borough Administrator need not be a resident of the Borough
of Victory Gardens.
[New]
a.
Pursuant to N.J.S.A. 40A:9-137, appointment to the office of Borough
Administrator shall be made by the Mayor with the advice and consent
of the Borough Council. The term of office of the Administrator shall
be at the pleasure of the Governing Body.
b.
Removal from Office. Pursuant to N.J.S.A. 40A:9-138, the Borough
Administrator may be removed by a 2/3 vote of the Governing Body.
The resolution of removal shall become effective three months after
its adoption by the Governing Body. The Governing Body 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 salary and his salary for the
next three calendar months following adoption of the resolution.
[Ord. 7/26/94 § 6]
The Borough Administrator shall have the following qualifications:
[Ord. 7/26/84 § 7]
The Borough Administrator shall not have any interest, directly
or indirectly, in any contract, subcontract, job for work materials
or services, or the profit thereof, to be furnished to or performed
for the Borough.
[Ord. 2/22/94 § 8]
The Borough Administrator shall have the following powers and
duties:
a.
Administrative and Executive:
1.
He shall be the Chief Executive and Administrative Official of the
Borough and shall in all matters act under the direction and supervision
and subject to the approval of the Governing Body. He shall, however,
in the day-to-day performance of his duties, comply with any directions
given to him by the Mayor.
2.
He shall study the governmental and administrative operations and
needs of the municipal government and prepare and recommend to the
Governing Body necessary and desirable plans and programs to meet
present and foreseeable needs.
3.
He shall recommend to the Governing Body assignments and scheduling
for all Departments and Offices. He shall also have the administrative
authority over the work of all clerical personnel.
4.
He shall make recommendations for the assignment and transfer of
administrative functions, powers and duties among and within Departments
to the Governing Body.
5.
He shall make recommendations for the internal organization of each
Department.
6.
He shall supervise the administration of all departments and offices
of the Borough in consultation with the respective Governing Body,
Chairman and Department Heads.
7.
He shall see to it that all terms and conditions imposed in favor
of the Borough or its inhabitants in any statute, public utility franchise,
or other contract are faithfully kept and performed, and upon knowledge
of any violation, call the same to the attention of the Governing
Body.
8.
He shall represent the municipality and assert its proper interest
in relation to the Federal, State, and other political subdivisions
and with respect to municipal contracts, subcontracts, and other business
transactions.
9.
When requested, he shall attend meetings of the Governing Body with
the right to take part in the discussions, but without the right to
vote.
10.
He shall perform such other duties as may be required of the Borough
Administrator by ordinance.
11.
He shall perform such powers and duties as are assigned to him by
the Governing Body.
b.
Purchasing Officer.
1.
The Borough Administrator shall purchase, store and distribute all
supplies, materials and equipment according to need and efficient
purchasing methods. He shall establish and enforce suitable specifications
and standards for all supplies, materials and equipment to be purchased
for the municipality. He shall inspect deliveries to determine their
quality, quantity and compliance with these specifications and standards
and shall accept or reject the deliveries in accordance with the results
of his inspection. All purchases shall be in accordance with the requirements
of the Local Public Contracts Law.
2.
Purchases shall be authorized only upon requisition of a Department
Head, which requisition shall be made to the Borough Administrator
at such time and in such form as he may prescribe.
3.
All materials, supplies and equipment or work and labor under contract
required by any Department, Office or Agency of the Borough shall
be purchased by or under the direction and supervision of the Governing
Body.
c.
Fiscal Review.
1.
He shall keep the Governing Body advised of the financial condition
of the Borough, make reports to the Governing Body as requested by
it, and, at least once a year, make a comprehensive report on the
administration of the municipal government for the benefit of the
Governing Body and the public.
2.
He shall approve all bills, vouchers and payrolls subject to preaudit
and control for submission to the Governing Body.
3.
He shall maintain a continuing review and analysis of budget operations,
work programs and costs of municipal services.
4.
He shall maintain liaison with the Borough Treasurer by continuous
review of operating expenses and report periodically to the Governing
Body on the status of all accounts.
d.
Budget.
1.
He shall obtain from the Head of each Department, Committee, Board,
Commission, Agency or Officer of the Borough estimates of revenues,
expenditures or other supporting data he may deem necessary for the
preparation of the annual budget.
e.
Personnel Officer.
1.
He shall serve as the Personnel Officer of the Borough.
2.
He shall direct and supervise the administration of all Departments
of the municipal government and be responsible for the maintenance
of sound personnel policies and administrative practices under the
direction and approval of the Governing Body.
3.
He shall establish working, personnel, vacation and sick leave schedules
and appropriate records and reports of same.
4.
He shall not have the power to take disciplinary action against any
employee except that he shall, where he deems it to be appropriate,
make recommendations to the Governing Body for disciplinary action.
In any disciplinary action requiring a hearing, he shall serve as
Hearing Officer and shall make a report and recommendations to the
Governing Body which alone shall have the authority to take final
disciplinary action, except that where exigent circumstances exist,
he may suspend an employee until the next regular meeting of the Governing
Body.
5.
He shall conduct labor negotiations with employees and employees'
representatives under the supervision of the Governing Body.
h.
Delegation of Powers. He shall delegate to Department Heads such
of his powers as he may deem necessary for efficient administration
to the extent not prohibited by law.
[Ord. 2/22/94 § 10]
During the absence or disability of the Borough Administrator,
the Acting Administrator who has been appointed by the Administrator
shall perform the duties of the Borough Administrator.
[Ord. 2/22/94 § 11]
The Borough Administrator shall not exercise any powers exclusively
vested or imposed by law or ordinance upon the various elected and
appointed Officers, Boards and Commissions of the Borough.
[Ord. 12/13/89 § 1;
New]
Pursuant to N.J.S.A. 40A:9-140.1, there is hereby created in
the Borough of Victory Gardens the office of Chief Financial Officer.
The Chief Financial Officer shall be appointed by the Mayor with the
approval of the Borough Council for a four-year term commencing January
1 of the year in which he/she is appointed.
[Ord. 12/13/89 §§ 2,
3]
The Chief Financial Officer shall be the Tax Collector and the
Treasurer of the Borough of Victory Gardens. There shall be no increase
in pay due to the fact that the duties of the Tax Collector and duties
of the Treasurer are now the duties of the Chief Financial Officer.
[New]
The person appointed or reappointed to the position of Chief
Financial Officer shall possess a Municipal Finance Officer Certificate
as required in N.J.S.A. 40A:9-140.2 et seq.
[New]
The Chief Financial Officer shall:
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.
[New]
Notwithstanding the provisions 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 Municipal Clerk and with the Division of Local Government
Services in the Department of Community Affairs a notification evidencing
his compliance with this section.
[Ord. 12/13/89 § 4]
The Chief Financial Officer shall be invested with all the authority
as granted pursuant to the Statutes of the State of New Jersey.
[New]
Pursuant to N.J.S.A. 40A:9-146 et seq., the Mayor and Borough
Council shall provide for the appointment of a Tax Assessor.
[New]
The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law.
[New]
The Tax Assessor shall perform the duties required of the holder
of such office pursuant to Title 54 of the New Jersey Statutes and
such regulations as may be promulgated by the New Jersey Division
of Taxation and the Morris County Board of Taxation.
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a 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 Governing Body as to equalization proceedings and other
matters involving the County Tax Board and make recommendations as
to action to be taken in that regard.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[New]
Pursuant to N.J.S.A. 40A:9-141 et seq., the Mayor and Borough
Council shall appoint the Tax Collector who shall be charged with
the duty of collecting taxes on real property in the Borough.
[New]
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.
[New]
No person shall be appointed or reappointed as Tax Collector
unless he shall hold a Tax Collector Certificate issued pursuant to
N.J.S.A. 40A:9-141 et seq.
[New]
The duties and responsibilities of the Tax Collector shall include
the following:
a.
Billing preparation and billing for the collection of taxes within
the Borough.
b.
Collection and recordings of collections of taxes within the Borough.
c.
Enforcement of the statutes of the State of New Jersey and the ordinances
of the Borough with regard to the collection of taxes.
d.
Preparation and submission of monthly reports to the Mayor and Council
with regard to the collection of taxes.
e.
Any and all other duties prescribed by law or set forth and designated
as reasonable duties of the Tax Collector by the Mayor and Council
of the Borough.
f.
Purpose and Intent. The purpose and intent of this section is to
set forth the duties of Municipal Tax Collector, and the appointment
thereof, as set forth in N.J.S.A. 40A:9-141 et seq.
[New; 2-13-2013 by Ord. No. 2-12-13]
In accordance with N.J.S.A. 40A:9-139, there is hereby created
in the Borough of Victory Gardens the office of the Borough Attorney.
[New]
The Borough Attorney shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[New]
The Borough Attorney shall be appointed by the Mayor with the
confirmation 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.
[New]
The Borough Attorney shall have such powers and perform such
duties as are provided for the office of Borough Attorney by general
law or ordinances of the Borough. He shall represent the Borough in
all judicial and administrative proceedings in which the Borough or
any of its officers or agencies may be a party or have an interest.
He shall give all legal counsel and advice where required by the Council
or any member thereof and shall, in general, serve as the legal advisor
to the Council on all matters of Borough business. In furtherance
of such general powers and duties, but without limitation thereto,
the Borough Attorney shall:
a.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
b.
With the approval of the Council, conduct appeals from orders, decisions
or judgments affecting any interest of the Borough as he may, in his
discretion, determine to be necessary or desirable or as directed
by the Mayor and Council.
c.
Subject to the approval of the Borough Council, have power to enter
into any agreement, compromise or settlement of any litigation in
which the Borough is involved.
d.
Render written opinions upon any question of law submitted to him
by the Council or any member thereof with respect to their official
powers and duties and perform such duties as may be necessary to provide
legal counsel to the Council in the administration of municipal affairs.
e.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the Borough.
[New]
There is hereby created the position of Code Enforcement Officer,
who shall be appointed by the Mayor with the advice and consent of
the Council.
[New]
The Code Enforcement Officer shall receive the amount of compensation
as established in the Salary Ordinance.
[New]
The Code Enforcement Officer shall work the designated hours
as set forth by the Mayor and Borough Council.
[New]
The Code Enforcement Officer shall:
a.
Enforce all general legislation directly related to code enforcement
of a regulatory nature which has been adopted by the Mayor and Council.
b.
Inspect the Borough for the purpose of ascertaining the existence
of any violations of general legislation. Such inspections shall be
made by the Code Enforcement Officer as frequently as may be necessary
to insure compliance with the Borough's general legislation or at
the direction of the Mayor and Council.
c.
Submit monthly reports to the Mayor and Council detailing work performance.
d.
Make investigations, serve violation notices, make and process complaints
for code violations and make court appearances as necessary in connection
therewith.
e.
Maintain files of all papers and records pertinent to work performance.
f.
Perform related duties as may be required by the Mayor and Council.
[New]
Upon observation of a violation of any of the Borough ordinances
under general legislation, the Code Enforcement Officer shall notify
the property owner, possessor or occupant in writing by regular mail
or in person that a violation of an ordinance exists, and shall request
that the violation be abated within 10 days. In the event that the
violation has not been corrected within 10 days, the Code Enforcement
Officer may take any and all action as permitted by ordinance or statute
to compel compliance with the ordinance.
The ten-day waiting period may be waived for violations endangering
public safety or welfare.
[New]
All records required by statute or ordinance shall be open to
inspection by the Borough Council and the general public at all reasonable
times.
[New]
a.
Position Established. Pursuant to N.J.S.A. App. A:9-40.1, the position
of Emergency Management Coordinator is hereby created.
b.
Duties.
1.
The Emergency Management Coordinator shall be responsible for the
development, coordination and activation of a municipal mutual aid
and emergency management plan; shall request, when needed, emergency
management facilities and services available from the County and State
governments, and shall perform such duties as the Governing Body may
direct.
2.
Whenever, in the opinion of the Coordinator, a disaster has occurred
or is imminent in the Borough, he 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.
[Added 2-13-2013 by Ord. No. 2-12-13]
The Governing Body shall provide for the appointment of a municipal
engineer and fix his compensation in an annual salary or fixed fee
basis or at an hourly rate and based upon actual time and expenses
agreed on prior to the rendering of the services. No municipal engineer
shall be compensated by receiving a percentage of the contract for
which he renders services. Unless otherwise provided by law his term
of office shall be three years. [N.J.S.A. 40A:9-140]
[Added 2-13-2013 by Ord. No. 2-12-13]
There is hereby established the office of the Borough Planner.
