[1]
Editor's Note: The Borough's Employee Manual is included in the codification volume as an appendix. The Borough's Employee Manual is not an Ordinance of the Borough of Mantoloking, and does not constitute a part of the Borough's Code. The Employee Manual is included in the Appendix of the Code for convenience only.
[New]
There shall be a Municipal Clerk appointed by the Mayor with the advice and consent of the Borough Council. The term of office of the Clerk shall be three (3) years which shall run from January 1 in the year in which the Clerk was appointed in accordance with N.J.S.A. 40A:9-133 et seq.
[New]
No person shall be appointed as Municipal Clerk unless he or she 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]
The Municipal Clerk shall:
a. 
Serve as Clerk of the Council, attend all meetings of the Council and of Council Committees when required by the Chairman and shall keep the minutes of the meetings of the Council and of the Committees. The minutes of each meeting of the Council shall be signed by the Clerk who shall retain the original copies of all ordinances and resolutions;
b. 
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;
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 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. 
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 or paper which from the records in his office shall appear to have been a public act of the Borough or a public document;
h. 
Serve as Registrar of Vital Statistics;
i. 
Insurance; Surety Bonds; Contracts. The Municipal 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. 
Report to the Council annually, at such times as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
j. 
Administrative Rules and Regulations; Filing and Publication. The Municipal Clerk shall maintain a current compilation of all rules and regulations, which shall be available for the 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.
k. 
Perform such other duties as are now or hereafter imposed by Statute, regulation or ordinance.
[New]
The Mayor, with the advice and consent of the Borough Council, may also appoint a Deputy Municipal Clerk to assist the Municipal Clerk with the completion of his or her powers and duties.
[Ord. No. 274 § 1; Ord. No. 295 § 1]
The position of Chief Financial Officer for the Borough of Mantoloking is hereby created 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 and shall serve in accordance with the provisions of N.J.S.A. 40A:9-140.8.
[Ord. No. 274 § 3]
Any person holding the title of Chief Financial Officer shall comply with the provisions of N.J.S.A. 40A:9-140.1 et seq., as amended, regarding certification as a Municipal Finance Officer.
[1]
Editor's Note: Ord. No. 295 § 3, provides as follows: "3. If at any time subsequent to the adoption of the within Ordinance, the Statute or regulations providing for the creation of the position of Chief Financial Officer shall be modified to allow the renewed appointment of a temporary Chief Financial Officer, without certification, then and in that event only, the provisions of this Ordinance shall be deemed suspended during that period wherein the Borough may appoint and reappoint a Chief Financial Officer; and if a temporary Chief Financial Officer is appointed, the salary of any temporary Chief Financial Officer shall be $1.00 per year."
[New]
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. 295 § 1; New]
The Chief Financial Officer shall receive compensation as provided in the salary ordinance.
[New]
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 (4) 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.
[New]
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.
[New]
The Tax Collector shall hold office for a term of four (4) 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 or she shall hold a Tax Collector Certificate issued by the Director of the Division of Local Government Services.
[New]
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.
[New]
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 sixty (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 (2) copies of the statement and list of delinquents, with the Municipal 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.
[New]
The Tax Collector shall receive compensation as provided in the salary ordinance.
[New]
The Assessor shall be appointed by the Mayor with the advice and consent of the Borough Council for a term of four (4) years and shall acquire tenure as provided by law.
[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:
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 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.
[New]
The Tax Assessor shall receive compensation as provided in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four (4) years. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[Ord. No. 241 §§ 1—5; New]
a. 
Establishment. There is hereby created and established in the Borough the office of Deputy Tax Assessor.
b. 
Duties and Functions. The Deputy Tax Assessor shall perform all the regular and usual duties of the Tax Assessor and such other tasks as are assigned to the Deputy Tax Assessor by the regularly appointed Tax Assessor for the Borough of Mantoloking.
c. 
Compensation. The Deputy Tax Assessor shall be compensated as provided in the Salary Ordinance.
d. 
Term. The Deputy Tax Assessor shall serve for a period not to exceed four (4) years from July 1, 1987, in accordance with N.J.S.A. 40A:9-148.
e. 
Appointment. The Deputy Tax Assessor shall be appointed by the Mayor with the advice and consent of the Borough Council.
[New]
In accordance with N.J.S.A. 40A:9-139 there is hereby created by the Borough of Mantoloking the position of 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 advice and consent of the Borough Council, and shall hold such position for a term of one (1) year from January 1 of the year in which the appointment is made.
[New]
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. 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. 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 assistance, which the Governing Body may authorize for special or regular employment in or for the Borough.
[New]
The Borough Attorney shall be paid in accordance with the current agreement.
[New]
The position of Prosecutor is hereby established in the Borough of Mantoloking.
[New]
The Prosecutor shall be a duly licensed Attorney-at-Law of the State of New Jersey.
[New]
The Prosecutor shall be appointed by the Mayor with the advice and consent of the Borough Council for a term of one (1) year effective January 1 of each year and until December 31 of the same year and until the appointment and qualification of his successor.
[New]
The Prosecutor shall be paid an annual salary as provided in the Salary Ordinance and such other reasonable compensation for additional services performed only if authorization of the Borough Council is first secured.
[New]
The Prosecutor shall, under the direction of the Mayor and Council, represent the Borough in the Municipal Court of the Borough of Mantoloking.
The Prosecutor shall exercise such powers and duties as are assigned to such office by the Statutes of New Jersey and such other authority as may be assigned by the Borough Council.
[Ord. No. 383 § 1]
There is hereby established the Office of Municipal Public Defender for the Municipal Court of the Borough of Mantoloking, Ocean County, New Jersey.
[Ord. No. 383 §§ 2—4; New]
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 commencing upon the organizational meeting of the Borough Council and terminating upon the appointment of a successor (or reappointment) at the next succeeding organizational meeting. The Public Defender shall not be removed during said term except for cause and according to law. If a vacancy occurs during the course of the year, the appointment shall be for the balance of the unexpired year.
[New]
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. 383 §§ 5, 6]
The Public Defender shall be compensated at the rate of two hundred ($200.00) dollars for each case assigned to him or to her by the Municipal Judge. The terms and conditions of employment shall be memorialized in a professional services agreement in form satisfactory to Borough Counsel and as ratified by Council.
[New]
The Borough of Mantoloking may require a person applying for representation by the Municipal Public Defender to pay an application fee of not more than two hundred ($200.00) dollars. 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.
[New]
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 (3) 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.
[New]
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. 
Provide 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.
[New]
There shall be a Borough Land Use Officer who shall be appointed by the Mayor with the advice and consent of the Borough Council, and shall serve at the pleasure of the Mayor. The Land Use Officer shall receive such compensation as may be agreed upon and determined by the Council.
[New]
The Land Use Officer shall be the Administrative Officer referred to in N.J.S.A. 40:55D-1 et seq. The Land Use Officer shall exercise all of the powers and duties of the Administrative Officer referred to in N.J.S.A. 40:55D-1 et seq. and as more specifically set forth in Chapter 30 of this Code.
[Ord. No. 679-2018]
The Borough shall employ a Beach Patrol consisting of a Head Lifeguard and lifeguards and other seasonal employees as may be required for the proper supervision of public bathing at designated public beaches within the Borough of Mantoloking.
[Ord. No. 679-2018]
The Chief of Police shall determine the required qualifications of the lifeguards, badge checkers, and other personnel, and shall set forth the scope and nature of their duties and hours of employment, except that all lifeguards shall be required to be lifeguard, CPR, and first aid certified.
[Ord. No. 679-2018]
Lifeguards shall have charge, control, and supervision of the bathing, swimming, and surfing at the respective beaches for the individual designated sports and generally on all the beaches and beachfront of the Borough and in the waters adjoining the same.
[Added 3-16-2021 by Ord. No. 716]
The responsibilities and operations of local government are complex due to the ever-increasing rules and regulations set forth by various state and federal agencies. The position of Borough Administrator (Part-Time) is hereby created to provide assistance to elected officials and Borough staff by facilitating the proper administration of the affairs of the municipality while preserving the character and culture specific to the Borough of Mantoloking. A Borough Administrator will provide structured managerial support to enhanced continuity of operations to mitigate the potential disruption occasioned by the turnover of elected officials. The appointment of a Borough Administrator will improve Borough operations, processes and services by serving as a liaison to better facilitate communication and cooperation among Departments, Mayor and Council. The duties and responsibilities of the Borough Administrator shall relate to the general management of all Borough business, except those duties and responsibilities conferred upon other Borough officials by applicable laws, rules and regulations, judicial authority, or Borough ordinance.
[Added 3-16-2021 by Ord. No. 716]
The office of Borough Administrator (part-time) is hereby created pursuant to N.J.S.A. 40A:9-136 within the Borough of Mantoloking, County of Ocean, State of New Jersey.
[Added 3-16-2021 by Ord. No. 716]
The Borough Administrator shall be appointed by the Mayor with the advice and consent of Borough Council.
[Added 3-16-2021 by Ord. No. 716]
The Borough Administrator shall serve at the pleasure of the governing body, pursuant to N.J.S.A. 40A:9-137.
[Added 3-16-2021 by Ord. No. 716]
The Borough Administrator shall receive compensation as provided in the salary ordinance.
[Added 3-16-2021 by Ord. No. 716]
The duties of the Borough Administrator shall be as follows:
a. 
Improving communications among the various Borough personnel, departments, professionals, boards, and the governing body.
b. 
Integrating and facilitating the functions of all departments, boards, professionals, offices and elected and appointed officials so as to provide a key link for day-to-day operations and allowing department heads to focus on their areas of expertise.
c. 
Consulting with the Mayor and Council and staff to establish goals and objectives for the Borough as a whole as well as Borough personnel to be reviewed on an annual basis with special emphasis on critical problems and any deterrents to the achievement thereof.
d. 
Implementing the policies, priorities and directives of the governing body and providing information and analysis to the Mayor and Council in connection with their policy development.
e. 
Assisting the governing body in translating its vision and goals into action plans by monitoring accomplishment of projects/initiatives and assisting in expediting as appropriate.
f. 
Coordinating the fulfillment of the objectives as set forth recommended in the Borough's strategic plan with the budget and with long range planning.
g. 
Recommending process improvement initiatives to the Mayor and Council to enhance organizational productivity and implementing such process(es) as directed.
h. 
Providing municipal government orientation and training for newly elected officials.
i. 
Assisting the Municipal Clerk, Mayor and Council in preparation of Council Meeting agendas.
j. 
Attending all council meetings and other meetings as may be directed by the governing body.
k. 
Keeping the governing body informed as to the conduct of the Borough affairs; submit periodic reports, either in writing or orally as deemed advisable or as the governing body shall request.
l. 
Establishing clear expectations, providing clarity around roles, and ensuring transparent communication throughout the organization including keeping employees informed of Borough activities that affect them and involve employees in the identification and solution of problems facing the Borough.
m. 
Under the direction of the Mayor and Council, encouraging regional cooperation with other municipalities and government agencies.
n. 
Ensuring the Borough has effective community outreach and public relations including all appropriate and effective technology.
o. 
Advising Borough department heads on a full range of organizational, management, administrative, technological, budget, and financial policies and related issues.
p. 
Advising Mayor and Council and department heads in the recruitment, hiring, discipline and evaluation systems of employees and all matters of personnel administration including facilitating development of formalized job descriptions for appropriate positions.
q. 
Serving as the personnel officer of the Borough and maintaining personnel files as required by law.
r. 
Assisting the Chief Financial Officer, Finance Committee and Mayor and Council in the preparation, review, and adoption of the temporary budget, annual capital, and operating budgets.
s. 
Administering, in conjunction with the Chief Financial Officer and department heads, the adopted budget, including maintenance of a continuing review and analysis of the budget operation, work progress and costs of municipal services; and assessing the attainment of budget and service goals and reporting the same regularly to the Mayor and Council.
t. 
Ensuring that the provisions of all contracts, franchises, leases, permits and privileges granted by the Borough are complied with and providing periodic reports of said compliance upon request.
u. 
Negotiating, researching, recommending, and implementing contracts, in conjunction with the appropriate department head(s), for the Borough upon request of the governing body and subject to the approval of the governing body.
v. 
Researching, recommending and implementing funding grants from various sources for the improvement and development of Borough capital projects and needs as well as for services to the Borough and its residents.
w. 
Perform such other functions and duties as may from time to time be assigned by ordinance, resolution or direction of the Mayor and Council, consistent with the laws of the State of New Jersey.
[New]
Pursuant to N.J.S.A. App. A:9-33 et seq., there shall be a Municipal Emergency Management Council, the members of which shall be appointed by the Mayor. The Municipal Emergency Management Coordinator shall serve as chairperson of the Emergency Management Council.