It is the purpose and intent of this chapter to allow the greatest
flexibility in administrative positions in order to accomplish the
aims of local government, the primary aim being services to the general
public. In order to accomplish this flexibility, the following items
are specifically noted:
A. All officers and employees of the Township of Gloucester may, during
time of need, be asked to fill other positions on a temporary basis
without additional compensation, except as required by collective
bargaining agreement and civil service regulations.
B. Any administrative function, power or duty of the municipality not
specifically allocated to some other department is allocated to the
Department of Administration.
C. The department heads shall appoint subordinate officers and employees
within their respective departments, except as otherwise provided
by law, ordinance or this Charter, and with the approval of the Mayor,
remove such officers and employees, subject to civil service regulations
and to any tenure rights of said officers or employees.
D. All appointing powers of the department heads are subject to budget
restrictions and limitations.
E. A department head may be appointed on an acting basis so that the
Mayor may determine from actual supervision whether such acting department
head should be appointed on a permanent basis. An acting department
head shall have all rights and powers of the permanent department
head. A person may be appointed an acting department head without
the advice and consent of Council; provided, however, that 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.
F. A division head may be appointed as an acting department head, and
such services shall be without additional compensation.
G. All references in other ordinances to Mayor, Council or Manager are
hereby amended to read:
(1) Mayor as the appointing authority for department heads and as to
executive powers.
(2) Department head as the appointing authority for division heads and
subordinate officers and employees, except as otherwise provided by
law, other ordinances or this Charter.
(3) Business Administrator as to functions in departments allocated to
the Department of Administration and Finance in this ordinance.
(4) Council as to legislative powers.
(5) As otherwise compelled by state statute or common sense.
(6) In doubtful cases, as may be decided by further ordinance.
All records, equipment and other property of any kind or description
of the Township of Gloucester now in the possession of or under the
control of the employees or officers of the former government of the
Township of Gloucester shall be transferred to the corresponding officer,
department or board provided for herein and, if none be provided,
then the office of the Township Clerk.
All 1982 budget appropriations and remaining budget balances
in the 1982 budget of the Township of Gloucester shall be transferred
to the corresponding office, board or department created by this chapter,
and the remaining balances shall be available for the uses and purposes
set forth in the original appropriation.
As soon as practicable after July 1, 1982, the Business Administrator
shall transmit to the Council an appropriate resolution in the form
required by the Department of Community Affairs of the State of New
Jersey, to make such correction of the title, text or amount of any
item of appropriation appearing in the budget for 1982 as adopted,
as may be necessary to make any or all of such items of appropriation
conform with the organization of the government in allocation of functions,
powers and duties prescribed herein, provided that the available overall
total of budget expenditures shall not be increased thereby, nor shall
any items of appropriations required for debt service, contingent
expenses, deferred charges, statutory expenditures, judgments or reserves
be reduced or limited thereby.
In the absence of any appointment to the position of department
head and division head, or in the event of any vacancy in such positions,
the Mayor shall, and until an appointment is made or a vacancy filled,
serve as such department or division head without additional compensation.
[Added 5-30-1984 by Ord.
No. O-84-21]
A. Subject to New Jersey statutes as provided, the Township Council
of the Township of Gloucester does hereby authorize the indemnification
of its appointees and officials while acting in the course of their
duties, including members of Council.
B. There shall be no indemnification pursuant to this section if it
is established that the public appointee or official acted or failed
to act because of actual fraud, malice or willful misconduct.
C. All suits, claims or demands upon former appointees, officials or
Councilpersons who have been named individually as defendants in civil
suits relative to Township business during the term of their holding
office in the Township of Gloucester or as a result of holding such
office shall be defended, and said former appointee, official or Councilperson
shall be indemnified and held harmless by the Township of Gloucester.
[Added 6-24-1996 by Ord.
No. O-96-29; amended 9-9-1996 by Ord. No. O-96-35]
A. The policy of anti-nepotism is expanded to prohibit the appointment
or continuing employment by the appointing authority or members of
the appointing authority of persons related by blood or marriage to
the appointing authority, or members of the appointing authority,
who shall serve in subordinate jobs, positions or offices or for profit
in the Township of Gloucester.
B. No person who is a relative of any Township appointing authority
shall be appointed and/or employed by the Township unless such is
recognized by statutory protection.
C. This enhanced anti-nepotism section is to end any preferential recognition
of the relatives of local governmental officials.
D. Definitions. As used in this section, the following terms shall have
the meanings indicated:
APPOINTING AUTHORITY
Includes the office of the Mayor, Township Council; department
heads, statutory boards, authorities, agencies and committees.
NEPOTISM
The bestowal of patronage by public officers in appointing
others to offices or positions by reason of their blood or marital
relationship to the appointing authority, rather than because of the
merit or ability of the appointee.
E. Prohibited. No appointing authority shall appoint, or employ with
or without compensation, persons related by blood or marriage to any
subordinate job, position or office or services for profit in the
Township government of the Township of Gloucester.
F. Exception. Nothing in this section shall be interpreted so as to
prohibit the appointment or employment of persons to positions pursuant
to the rules and regulations of the Department of Personnel of the
State of New Jersey, N.J.S.A. 11A:1-1, Civil Service Act, and Title
4A of the New Jersey Administrative Code, and contracts and agreements
advertised for and let by bids pursuant to N.J.S.A. 40A:11-1.
[Added 6-24-1996 by Ord.
No. O-96-29; amended 9-9-1996 by Ord. No. O-96-35; 1-22-2001 by Ord. No. O-00-41]
A. The purpose of this section is to eliminate immediately the provision
of group medical insurance benefits and/or any local property tax
credit benefit and/or any "Flex Plan" policy benefit in lieu thereof
to all elected and part-time appointed officials. Said policy shall
become applicable to the part-time appointed Gloucester Township Municipal
Utilities Authority Commissioners and the part-time appointed officials
thereof.
B. This section applies in prohibition of provision to all elected and
part-time appointed officials regardless of the date of appointment
or election.
C. Thirty days from effective date of this section is extended to enable
one to secure new nontaxpayer-financed medical insurance coverage.
D. For the purpose of this section, the elected position of Mayor shall
not be eliminated from the provision of group medical insurance benefits.
[Added 9-9-1996 by Ord.
No. O-96-35]
A. The filing of the Local Government Ethics Law financial disclosure
statement shall be a prerequisite to all appointments and employments
of those subject to the statutory annual requirement.
B. This legislative intent is to enhance integrity by precluding potential
appointments and employments with potential conflicts of interest.