[1]
Editor's Note: Under the Optional Municipal Charter Law, each
Department is headed by a Director, appointed by the Mayor with the
advice and consent of the Council, and the Department Head serves
during the term of the Mayor appointing him/her and until the appointment
and qualification of his/her successor. (N.J.S. 40:69A-43(b)). The
Mayor, in his discretion, may remove any Department Head after notice
and opportunity to be heard, in the manner set forth in N.J.S. 40:69A-43(c).
For power of Department Heads to appoint and remove subordinate
officers and employees within their respective Departments, subject
to the provisions of Title 11 ("Civil Service") of the New Jersey
Statutes, or other General Law, see N.J.S. 40:69A-43(d).
[R.O. 1966; and 1966 C.S. § 2:4-1]
The Head of each Department shall, subject to the Charter and
ordinances of the City:
a.
Have, exercise and discharge the functions, powers and duties of
the Department;
b.
Prescribe the internal organization of the Department and the duties
of his subordinates and assistants;
c.
Administer the work of the Department through the Divisions established
by ordinance and such other units of administration as he/she may
find necessary or desirable;
d.
Appoint officers and employees to be employed within the Department,
and assign functions, powers and duties to them;
e.
Delegate such of his/her powers as he may deem necessary for the
efficient administration of the Department to be exercised under his/her
direction and supervision by Division Heads;
f.
Report at least annually to the Mayor and Council in such form as
shall be approved by the Business Administrator on the affairs of
such Department for the previous year, and shall set forth all of
the business transacted by such Department for the past year, including
a complete financial statement thereof. The report shall be submitted
not later than 90 days from the first of the year subsequent to the
year for which the report is being submitted.
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CROSS REFERENCE: For personnel practices and policies, see Section 2:24-1 et seq.
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[R.O. 1966 § 2:4-2]
The head of each Department shall devote full time as and when
required for the proper and efficient discharge of the duties of his/her
office.
[R.O. 1966 § 2:4-3]
Whenever a vacancy exists by resignation, removal or otherwise
in the Office of a Director of any Department, the Mayor may temporarily
fill such vacancy in cases not specifically provided for in the Charter
or ordinances, by appointing an Acting Director from among the existing
officers and employees of such Department, who shall perform all the
duties and functions of such Department Head until the office shall
be filled permanently. Any such appointment of an Acting Director
shall terminate not later than 90 days after the date of the appointment,
unless the Council shall, by resolution, authorize one or more extensions
thereof.
[R.O. 1966 and 1966 C.S. § 2:4-4]
Whenever a vacancy exists in the office of Head of any Departmental
Division by resignation, removal or otherwise, the Director of such
Department is authorized to fill such vacancy temporarily in cases
not specifically provided for in the Charter or ordinances, by appointing
an acting Head of such Departmental Division, who shall perform all
the duties and functions of such Departmental Division Head, until
the office shall be filled permanently. Any such appointment of a
statutory Division Head on a temporary basis, including but not limited
to Tax Collector and Tax Assessor shall terminate not later than 90
days after date of the appointment, unless the Council shall, by resolution,
authorize one or more extensions thereof.
[1]
Editor's Note: Section 2 of Ordinance 10-1-1975 provided as
follows:
2. That all acting division heads holding office on the effective
date of this ordinance shall be subject to the terms of this ordinance.
[R.O. 1966 § 2:4-5]
a.
Whenever any Administrative Officer or the Head of any Administrative
Department or Division thereof, is, by reason of absence or disability
unable to perform his/her official duties, one or more officers or
employees under his/her supervision whom he/she has designated may
perform the ministerial duties of such office during such time as
the absence or disability of the officer may continue; and it shall
be the duty of the Head of each Department and Division to designate
one or more such persons.
b.
When any person so designated to perform duties of an officer during
his/her absence or disability is required to sign any official document
pertaining to such office, it shall be signed in the name of such
officer, and by the subordinate as designee.
[R.O. 1966 § 2:3-3]
a.
No rule or regulation made by any department, officer, agency or
authority of the City shall, except upon written approval of the Mayor,
take effect until at least 10 days after it is filed with the City
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 City Government
or a part thereof.
b.
The City Clerk shall maintain a docket of all orders, rules and regulations
filed in his/her office, which docket shall show the name of the issuing
authority, a brief description of the subject matter, and the date
of filing.
[1]
Editor's Note: For State Statutes providing for delivery of
public records, papers, money or other property by a public officer
after expiration of his term, see N.J.S. 2A:135-4 and N.J.S. 40A:5-20.
[R.O. 1966 § 2-4.7[a[c]]
The records, books, files, papers and documents of the City
shall, during office hours, be open to the search, inspection and
examination of the public subject to the provisions of N.J.S. 47:1A-1
et seq.). If in any case the officer having charge of the same shall
deem it conducive to the public interest, he/she may require the applicant
to procure the written permission of the Business Administrator, who
may refuse to give such permission unless such search, inspection
and examination be for the purpose of obtaining information for the
prosecution or defense of any legal action or right, or for the purpose
of ascertaining taxes or assessments; and provided that such search,
inspection and examination be made under such regulations as the officer
in whose custody such records, books and documents may be, shall establish
for the safety and preservation thereof.
[R.O. 1966 § 2:4-7[b]]
All the books, maps, papers, accounts, statements, vouchers
and other documents whatsoever in any City office, which may from
time to time accumulate therein, or which belong or appertain thereto,
shall be carefully and conveniently filed, kept and preserved in the
offices aforesaid respectively, or in such office that may be provided
for such purpose. They shall remain the sole property of the City
and shall not at any time be removed for such offices, except when
required for use in the official business of the City, and shall then
be returned to the office to which they respectively belong without
delay. Each City Officer shall see that the requirements of this section
are complied with in respect to his/her particular office.
[R.O. 1966 § 2:4-8]
Applications for licenses and permits shall be made as required
by the applicable provisions of these Revised General Ordinances.
If no such requirements are set forth, application shall be made in
writing, addressed to and filed with the department, division, bureau
or officer authorized by Statute or these Revised General Ordinances
to grant or issue the license or permit, on forms supplied by such
authorized issuing authority or officer. Every application for a license
or a permit shall be accompanied by the license fee or permit fee
in the amount prescribed by the applicable provisions of these Revised
Ordinances, unless otherwise provided therein.
[R.O. 1966 and 1966 C.S. § 2:4-9]
a.
Whenever an application is made to any department, division or bureau of the City for a license or permit involving any land or building or the use and occupancy thereof, it shall be the duty of the issuing officer or employee to submit or have the application submitted by the applicant to the Zoning Officer for approval as to the application of Title XLI, Zoning and Land Use Regulations, of the Revised General Ordinances of the City (Section 41:1-1 et seq.) to the premises involved therein. In such case, no license or permit shall be issued except upon approval of the Zoning Officer or his or her designee.
b.
Any license or permit issued in violation of the provisions of this
section shall be void.
[R.O. 1966 C.S. § 2:4-9.1]
The fee for any appeal to the Board of Adjustment from any order,
requirement, decision or refusal made by the Zoning Officer based
on or made in the enforcement of Title XLI, Zoning and Land Use Regulations,
or for any application for either a special exemption to or variance
of the Zoning and Land Use Regulations shall be $150.
[R.O. 1966 C.S. § 2:4-9.2]
No fee shall be required in cases where an appeal is taken from
the affirmative action of the Zoning Officer.
[R.O. 1966 § 2:4-10]
Whenever an application for a license or a permit is denied
or withdrawn by the applicant, there shall be refunded to the applicant
the amount of the license or permit fee which accompanied the application,
less 10% thereof but not less than $1 or more than $10 unless otherwise
provided by statute, these Revised General Ordinances or other ordinances
of the City; provided, however, that:
a.
If the applicant has falsified the facts, no refund shall be granted;
or
b.
If the denial is based on insufficiency of the application, through
an oversight in filling out the same, the fee received shall be applied
to the new, correct application, or fully refunded if the subject
matter on the correct facts is not subject to license or permit.
[R.O. 1966 and 1966 C.S. § 2:4-11]
a.
No license or permit or renewal thereof shall be issued under the
provisions of these Revised General Ordinances unless the applicant
demonstrates financial responsibility. Such demonstration shall include,
but not be limited to, proof that all financial obligations to the
municipality, both of the applicant and any premises to be licensed,
have been met.
b.
Any license or permit issued in violation of this section shall be
void.
[R.O. 1966 § 2:4-12; Ord. 6 S+FC, 7-13-1988; Ord.
6 S+FC, 12-19-1990; amended 4-6-2022 by Ord. No. 6PSF-b,
04-06-2022]
a.
Whenever a check is given in payment of a license or permit fee or
a service charge, payment of property taxes, any tax abatement charge
or water/sewer charges such check is received and accepted by the
City upon the express condition that the maker covenants that the
same is regular on its face, upon an account of which drawn, with
sufficient funds for the payment thereof.
b.
The issue of a Municipal license, permit or rendering a Municipal
service, payment of property taxes, any tax abatement charge or water/sewer
charges are and shall be conditioned upon an additional charge for
any check given and is therefore dishonored, not paid, funds not collected
and/or returned by the bank for any reason, the City of Newark shall
assess a charge of $35 for that check, except when more than one account
was paid, or more than one fee was paid, or more than one permit was
issued, in that case, an additional $35 charge will be added to each
transaction and assessed to each account.
c.
When a check is returned the license or permit issued shall be void
and, if for a service, the service shall be discontinued until the
amount of the check plus the charges as set forth in paragraph b of
this subsection shall be paid to the City.
[R.O. 1966 § 2:4-13]
Whenever in these Revised General Ordinances any specified department,
division, bureau or office is authorized to grant or issue licenses
or permits, it shall be the duty of such department, division, bureau
or officer to keep a register of all such licenses or permits issued.
Such register shall state the number of the license or permit issued,
the date thereof, to whom issued, the location of the facility licensed
or permitted, and the vehicle, if any, for which a license or permit
is issued.
[R.O. 1966 C.S. § 2:4-13.1; Ord.
6 S+FQ, 12-8-1986 § 1; Ord. 6 S+FE, 3-1-1989 § 1; Ord. 6 S+FJ, 8-1-1990; Ord. 6PSF-A(S), 3-12-2019]
a.
Quarterly Payments.
1.
The Members of the Municipal Council, with the exception of the President
of the Council, shall be paid an annual allowance in lieu of expenses,
such sum as shall be fixed by Ordinance of the Council, which shall
be paid in quarterly installments on March 31, June 30, September
30 and December 31 of each year.
2.
The President of the Council shall be paid an annual allowance in
lieu of expenses, which shall be paid in quarterly installments on
March 31, June 30, September 30 and December 31, of each year.
3.
The Mayor shall be paid an annual allowance in lieu of expenses of
$30,000 which shall be paid in quarterly installments of $7,500 on
March 31, June 30, September 30 and December 31 of each year.
b.
Payment Options. Municipal Elected Officials of the City of Newark,
New Jersey shall have the option of either receiving the annual allowance
in lieu of expenses as specified in paragraphs a, 1, 2, and 3, or:
Municipal Elected Officials shall have the option of receiving
the annual allowance in lieu of expenses as a supplement to their
approved salary levels.
If the salary supplement option is selected then the option
shall remain in effect for the remainder of the calendar year. During
the month of December, Municipal Elected Officials shall have a thirty-day
grace period to decide their option for the succeeding calendar year.
[R.O. 1966 C.S. § 2:4-13.2]
No employee of the City of Newark whose salary or wage is established
by an ordinance adopted by the Newark Municipal Council shall receive
a salary supplement from any Federal, State or private funding source
where the City of Newark maintains fiscal management and control unless
approval is first obtained from the Municipal Council through passage
of an appropriate ordinance.
