City of South Amboy, NJ Article XVII Officers and Employees Generally

§ 5-120 Annual compensation of Mayor and Councilmen.

Compensation for the Mayor and Council shall be paid beginning January 1, 1971, at the annual rates to be adopted yearly by the Salary and Wage Ordinance. Expenses for Councilmen and the Mayor shall not be allowed except where they are described in detail for particular duties or responsibilities and, where feasible, approved in advance by the Council at a public meeting.

§ 5-121 Departments and divisions; vacancies.

A director may serve as a division head without additional compensation. Whenever a vacancy exists in the office of the head of any division by resignation, removal, disability or otherwise, the director of the department may fill such vacancy temporarily by appointing an acting head of such division, who shall have and perform all the functions, powers and duties of such division head until the office shall be filled permanently.

§ 5-122 Surety bonds.

A. Every officer or employee of the city who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of public moneys or funds and any other officer or employee who may be so required by the Council shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by resolution of Council, binding him to the municipality in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute such a bond with sufficient surety and deliver the same to the Municipal Clerk, except that the Clerk shall deliver his bond to the Treasurer, before he enters upon the discharge of the duties of his office or employment.

B. If any officer or employee neglects to execute and deliver his bond as herein required within 30 days after due notification of his election or appointment, his office may be declared vacant by Council.

C. In every case in which any person is required by the laws of the state or by any ordinance of the municipality to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this state and the premium therefor shall be paid by the city. Each such bond shall be approved by the Department of Law as to form and sufficiency, and nothing in this subsection shall be construed to prevent the use of one or more blanket bonds when so approved.

§ 5-123 Conflicts of interest.

A. A public servant of the City of South Amboy, in comtemplation of official action by himself or by a governmental unit with which he is or has been associated, or in reliance on information to which he has or has had access in an official capacity and which has not been made public, shall not:

(1) Acquire a pecuniary interest in any property, transaction or enterprise which may be affected by such information or municipal public servant.

(2) Speculate or wager on the basis of such information of official action.

(3) Aid another to do any of the foregoing, while in office or after leaving office with a purpose of using such information.

B. A public servant of the City of South Amboy shall not accept or solicit anything of value as consideration for or in connection with the discharge of his official duties other than the fee or compensation prescribed pursuant to law.

C. A public servant of the City of South Amboy shall not:

(1) Directly or indirectly use or attempt to use his office, position or employment to secure or obtain any unwarranted, preferential, favorite, discriminatory or unlawful rights, benefits, advantages or privileges for himself or any other.

(2) Vote for the adoption or defeat of any legislation or for the payment or nonpayment of any indebtedness owing by this municipality in which he has direct or indirect personal, pecuniary or other private interests.

(3) Recommend or lobby for the adoption or defeat of any legislation or for the institution or defense of any legal or quasi-legal action whatever in which he has or may have a direct or indirect personal, pecuniary or other private interest.

(4) Approve or disapprove or in any way recommend the payment of any bill, voucher or indebtedness owed or allegedly owed by the municipality in which he has a direct or indirect personal, pecuniary or private interest.

(5) Accept other employment or professional retainer or the promise thereof that might reasonably conflict with the performance of his official duties or that might reasonably tend to impair his independent or impartial judgment or action in the exercise or performance of his official duties.

D. Any public servant of the City of South Amboy who violates any provision of this section or of any statute or ordinance relating to conflict of interest shall be deemed guilty of misconduct in office and liable to removal from office therefor. Any officer or employee who knowingly permits any provision of this section to be violated by any of his subordinates shall also be guilty of misconduct in office and liable to removal therefor.

§ 5-124 Definitions.

A. For purposes of § 5-123, the following terms shall have the meanings indicated:

PUBLIC SERVANT OF THE CITY OF SOUTH AMBOY

(1) Any and all:

(a) Elected or appointed officials.

(b) Employees, including but not limited to administrative personnel, police officers and others.

(c) Any and all persons participating as an advisor, consultant or otherwise in performing a governmental function.

(2) The above three classifications are merely illustrative and are in no way meant to be exhaustive of the scope of the definition.

(3) Further, the definition of "public servant" applies regardless of the fact that the individual is compensated or uncompensated.

§ 5-125 Administrative regulations.

No rule or regulation made by any department shall, except upon written approval of the Mayor, take effect until at least 10 days after it is filed with the Municipal Clerk as required by the Charter. This limitation of time shall not apply, however, to any order, rule or regulation which relates solely to the organization or internal management of the municipal government or a part thereof. The Municipal Clerk shall maintain a docket of all orders, rules and regulations filed in his office, which docket shall show the name of the issuing department, a brief description of the subject matter and the date of filing.

§ 5-126 Public records.

A. All the books, maps, papers, accounts, statements, vouchers and other documents acquired or produced in any municipal department shall be carefully and conveniently filed, kept and preserved and be and remain the sole property of the municipality and shall not at any time be removed from the offices of such department except when required for use in the official business of the municipality and shall then be returned to such office without delay. Each municipal officer shall be responsible for assuring that the requirements of this section are complied with in respect to his particular office. This section shall be subject to the provisions of Destruction of Public Records Law (1953), N.J.S.A. 47:3-15 et seq.

B. All public documents and records of the municipality shall, during office hours, be open to public search, inspection or examination, subject to and within the limitations prescribed by law, and provided that such search, inspection or examination shall not interfere with the orderly operation of the municipality.

§ 5-127 Delivery of funds and records.

Upon the termination of the term of office or the employment of any officer, employee or board member, he shall forthwith deliver to his successor, or if there be no successor, to the Clerk or other person who may be designated by the Council to receive the same, all moneys, books, papers, memoranda, accounts and any data of any nature whatever pertaining to his office.