[HISTORY: Adopted by the City Council of the City of Orange Township 12-19-2023 by Ord. No. 76-2023. Amendments noted where applicable.]
Pursuant to the provisions of Section 5 of the Parking Authority Law, the City hereby creates a public body corporate and politic and political subdivision of the State of New Jersey (the "state") to be known as the "Parking Authority of the City of Orange Township" (the "Authority"). Such Authority shall constitute an agency and instrumentality of the City, and is a "Parking Authority" as contemplated and provided for by the Parking Law and shall have and exercise all of the powers and perform all of the duties provided for by said Parking Law and any other statutes heretofore or hereafter enacted and applicable thereto.
A. 
Pursuant to the Parking Law, there shall be seven Commissioners of the Authority. Five Commissioners shall to be appointed by the City Council of the City and two Commissioners shall be appointed by the Mayor. Commissioners shall each serve for a term of five years, except that the first appointed five Commissioners shall be designated to serve for the following terms: one Commissioner for a term of one year, one Commissioner for a term of two years, one Commissioner for a term of three years, one Commissioner for a term of four years, and one Commissioner for a term of five years, respectively, but thereafter Commissioners shall be appointed by the City Council of the City as aforesaid for a term of five years, except that all vacancies shall be filled for the unexpired term. The City Council shall also appoint two additional Commissioners who shall serve one- and two-year terms, respectively, from the date of their appointment, but thereafter, the Mayor shall appoint the two additional Commissioners to terms of five years, except that all vacancies shall be filled for the unexpired terms. Upon the creation of the Authority, the City Clerk shall certify a copy of this chapter creating the Authority and appointing the first Commissioners thereof and, thereafter, this chapter shall be filed with the Clerk of the County of Essex, New Jersey (the "County Clerk") and be recorded in records of certificates of incorporation, and the County Clerk shall cause duplicate certified copies of this chapter to be filed forthwith with the Secretary of State of the State of New Jersey.
B. 
Each Commissioner shall hold office for the term of his/her appointment and until his/her successor shall have been appointed and qualified. Any vacancy occurring in the office of a Commissioner, from any cause, shall be filled in the same manner as the original appointment, but for the unexpired term.
C. 
Any vacancy occurring in the office of a Commissioner, from any cause, shall be filled in the same manner as the original appointment, but for the unexpired term.
The Authority shall constitute a public body corporate and politic and a political subdivision of the state with the same territorial boundaries as the boundaries of the City, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate its corporate purposes and the powers, purposes and provisions set forth in the Parking Law, specifically Section 6 of the Parking Law (N.J.S.A. 40:11A-6).
No Commissioner may be an officer or employee of the City; provided, however, the City may appoint its Traffic Engineer or Chief of Police to serve as a Commissioner of the Authority. A Commissioner shall receive no compensation for his or her services but he or she shall be entitled to the necessary expenses, including traveling expenses incurred in the discharge of his or her duties.
A. 
A majority of the Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the Authority upon a vote of the majority of the Commissioners present, unless in any case the bylaws of the Authority shall require a larger number.
B. 
Action may be taken by the Authority upon the affirmative vote of the majority of the Commissioners present, unless in any case the bylaws of the Authority shall require a larger number.
C. 
The Authority shall select a Chairperson and a Vice Chairperson from among its Commissioners, and it may employ a Secretary, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For legal services as it may require, the Authority may call upon any chief law officers of the City, or may employ its own counsel and legal staff. The Authority may delegate to one or more of its agents or employees such powers and duties as it may deem proper.
D. 
The Authority shall adopt such bylaws as it deems necessary and appropriate for the conduct of business.
No Commissioner or employee of the Authority shall acquire any interest direct or indirect in any parking project or in any property included or planned to be included in the project nor shall be or she have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any parking project. If any Commissioner or employee of the Authority owns or controls an interest direct or indirect in any property included or planned to be included in a parking project he or she shall immediately disclose the same in writing to the Authority and such disclosure shall be entered upon the minutes of the Authority. Failure so to disclose such interest shall constitute misconduct in office. Upon such disclosure such Commissioner or employee shall not participate in any action by the Authority affecting such property.
For inefficiency or neglect of duty or misconduct in office, a Commissioner of the Authority may be removed by the City Council of the City, but a Commissioner shall be removed only after he or she shall have been given a copy of the charges at least 10 days' prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the Clerk of the City.
The Authority may appoint parking enforcement officers. Pursuant to the Parking Law, a parking enforcement officer means a person appointed pursuant to the Parking Law to exercise the power and authority described in paragraph (d) of subsection (3) of Section 22 of P.L. 1948, c. 198 [N.J.S.A. 40:11A-22(3)(d)]. Parking enforcement officers are not special law enforcement officers within the meaning of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.8 et seq.) and are not members of the Police Department of the City. Parking enforcement officers are not eligible for membership in the Police and Firemen's Retirement System established pursuant to P.L. 1944, c. 255 (N.J.S.A. 43:16A-1 et seq.). The qualifications, responsibilities and duties of parking enforcement officers shall be as set forth in the Parking Law, specifically Sections 22 and 22.1 of the Parking Law (N.J.S.A. 40:11A-22 and 40:11A-22.1), and in any bylaws of the Authority.