Under the directions and supervision of the Mayor as chief executive, there shall be such departments, not exceeding nine in number, as established by this chapter or by amendments or supplements thereto. Each department shall have, exercise and discharge such functions, duties and powers as may be provided by the Charter, this chapter or by other ordinance. The Township Council may contract with third party agencies or county departments for health, safety, subcode and other specific services. The following departments are hereby established:
[Added 5-17-2022 by Ord. No. 22-04]
A.
There is hereby created the office of Municipal Administrator. The appointment shall be made by the Mayor with the advice and consent of the Township Council. In the absence of an appointment, the position shall be deemed vacant. The Administrator shall be delegated such portions of the executive responsibilities of the municipality and receive such compensation as shall be established from time to time by the Mayor in consultation with and with the advice and consent of the Township Council memorialized by resolution of the Council.
B.
The term of office of the Municipal Administrator shall be at the pleasure of the Township Council. The Administrator may be removed by a two-thirds vote of the Council. The resolution of removal shall become effective three months following its adoption, provided that the Council may make the termination effective immediately on the condition that the Administrator's salary be continued for three calendar months following adoption of the resolution.
A.
The head of each department shall be a Director, appointed by the Mayor with the advice and consent of the Council.
B.
The Mayor shall recruit, select and appoint persons qualified by training and experience for their respective office as department heads.
C.
Each department head shall serve during the term of the Mayor appointing him, unless removed from office by the Mayor, and shall continue to serve until a successor is appointed and qualified.
D.
Each department head serves at the pleasure of the Mayor.
E.
Personnel subordinate to the Director of a department shall be appointed by the Director with the approval of the Mayor, except as otherwise provided in this chapter, and shall serve during the term of the Mayor by whom they are appointed, unless otherwise provided by the Charter, general law, this chapter or other ordinances.
F.
Personnel subordinate to the Director of a department may be removed by the Director with the approval of the Mayor, unless otherwise provided by the Charter, general law, this chapter or other ordinance.
G.
Nothing in this chapter shall be construed to prevent the Mayor from appointing to any position for which the Mayor has the responsibility of making appointments, any otherwise qualified person, including himself, Council members or other municipal officers, except as specifically prohibited by the Charter, general law or this chapter.
H.
The Mayor shall send to Council the names of his appointees to the position of department heads within 45 days of assuming office.
I.
Council shall act on appointments of department heads within 15 calendar days following receipt of the nominations by Council.
J.
No new department, division, office, officer or employee position shall be created except by action of the Council, and no existing department, division, office, officer or employee position shall be abolished except by action of the Council; the creations and/or the abolition of any position by Council shall be specifically noted as appropriate in the annual budget; and any ordinance establishing a new department, division, office, officer or employee position shall include a statement of the powers, duties and responsibilities of the function therein created, and this chapter shall be appropriately amended.
Whenever a vacancy exists in any office required by the Charter or by this chapter to be filled by the Mayor with the advice and consent of Council and there is no holdover incumbent, the Mayor may temporarily fill such vacancy, in the absence of any contrary provision in the designation of himself as an acting department head in the event of a vacancy in such office. Such appointee shall have all of the functions, powers and duties of the office until it shall be permanently filled. Any such appointment shall terminate not later than 60 days after the date of the appointment, unless the Council shall by resolution authorize one or more extensions of such a period.
A.
In order to ensure the smooth transition from one administration to the next, in any office required by the Charter or by this chapter to be filled by appointment by the Mayor, the Mayor may require any outgoing officer to serve as Acting Deputy to the officer appointed to fill the position in which the outgoing officer has previously served. Such appointments as Acting Deputy shall terminate not later than 45 days after the appointment and qualification of the successor.
B.
The powers, functions and duties of such an Acting Deputy shall be those established by the Mayor at the time of the appointment.
C.
In the event that an Acting Deputy is required by the Mayor to serve in a position for which he receives monetary compensation, he shall be compensated during the term as Acting Deputy at not less than 50% of the rate he received while incumbent in his position. His rate of compensation shall be determined by the Council.
The head of each department, under the supervision of the Mayor and subject to the Charter and to this chapter, shall:
A.
Prescribe the internal organization of the department and the duties of subordinate officers and employees within the department, except as provided by the Charter, this chapter or by ordinance.
B.
Ensure that all powers, functions and duties assigned to the department are carried out with diligence.
C.
Operate his department in an efficient and effective manner.
D.
Report in writing to the Mayor recommendations for improving departmental performance, requirements of the department and the results of assignments made to the department.
E.
Report promptly to the Mayor and to the Treasurer projected deviations in the financial performance of the department.
F.
Report at least annually to the Mayor and Council, in such form as shall be approved by the Mayor, on the work of the department during the preceding year.
G.
Cooperate with the Mayor, Treasurer and Council in the preparation of the annual budget, providing supporting information for all budgetary requirements and explanation of all deviations from previous budgets.
H.
Assign functions, powers and duties to subordinate officers and employees within the department and modify such assignments as need appears.
I.
Assign priorities to the conduct of the functions, powers and duties allocated to the department.
J.
Supervise the work of the department through the divisions established by this chapter and supervise and direct the work of the employees of the department.
K.
Delegate to other officers or employees of his department such of his powers as he may deem necessary for efficient administration and operation.
L.
Prohibit the expenditure of municipal funds or the commitment of municipal funds by the department except as provided by law.
M.
Provide liaison with other departments, divisions, boards, etc., as required for the efficient and effective operation of the administrative branch.
N.
Familiarize himself with general law affecting his department and with funds available for the performance of the functions of his department from sources outside the Township.
The Treasurer and the Municipal Tax Collector shall each give bond, at the expense of the Township, in accordance with general law.
B.
Other prohibited actions.
(1)
No municipal officer or employee shall engage in political activity during his hours of duty with respect to any candidate.
(2)
No municipal officer or employee shall use nor permit others to use the facilities of the Township for the preparation, storage or distribution of campaign material.
(3)
Nothing in this section shall be construed to prevent an elective officer from campaigning at any time.
(4)
No municipal officer or employee shall use nor permit others to use the facilities of the Township for the conduct of private business. With the approval of the Mayor, nonprofit public service and civic organizations shall be allowed to use such Township facilities as may be deemed appropriate.
(5)
No municipal official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the Township; nor shall he use such information to advance the financial or other private interest of himself or of others. Council may, from time to time, as it deems appropriate, determine by resolution what information shall be deemed confidential for the purposes of this subsection.
Pension fund membership and rights of any officer or employee shall not be adversely affected due to the adoption of this chapter or of any amendments or supplements thereto. In the event of the termination of employment of any officer or employee prior to his retirement for whom funds have been set aside for a pension or for retirement benefits during the period of his employment, such funds shall be paid to such officer or employee at the time of such termination of employment.
Any officer or employee of the Township who has acquired tenure in his position through any provision of law or of ordinance shall retain said tenure in the same position without effect due to the adoption of this chapter.
The Council shall have an annual audit made of the Township accounts and financial transactions as required by law. Such annual audit shall be made by a registered municipal accountant of New Jersey, appointed by the Mayor with the advice and consent of Council.
No rule or regulation made by any department, officer, agency or authority of the municipality, except such as related to the organization or internal management of the Township government or a part thereof, shall take effect until it is filed with the Township Clerk. The Council shall provide for the prompt publication of such regulations and rules.
A.
All the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department shall be carefully and conveniently filed, kept and preserved and shall not at any time be removed from the offices of such department except when required for use in official business and shall then be returned to such office without delay. Each department head shall be responsible for enforcing the requirements of this section in his department. 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 shall, during office hours, be opened to public search, inspection and examination, subject to the within limitations prescribed by law, and provided that such search, inspection and examination may be made under such regulations as the officer having custody of such records, books and documents shall establish for the safety and preservation thereof.
Upon termination of the term of office of any officer or the employment of any employee, 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 same, all moneys, papers, books, memoranda, accounts and data of any nature whatever pertaining to his office or to his employment.
The public, administrative and executive business offices of the Township shall be open for the transaction of public business on a regular schedule as prescribed by the Mayor with the approval of the Council, except as otherwise provided by law. Notice of the regular office hours of all officials shall be published annually in the same manner as prescribed for the publication of ordinances, and the schedule shall be included in the annual Township directory.
Whenever addition of personnel within any department shall be authorized by ordinance, or whenever vacancy shall exist in a previously authorized position, such position being that of department Director or one for which monetary compensation is authorized, the vacancy shall be announced in public meeting of the Council and shall be advertised once in the official newspaper of the Township. Such announcement shall specify the nature of the position, the person to whom applications shall be submitted and the date by which applications are due. At least seven days shall be provided between appearance of the advertisement and closing of applications.