A.
Departments generally. [N.J.S.A. 40:69A-43(a)]
(1)
Number. The City shall have a Department of Administration
and such other departments, not less than two and not exceeding nine
in number, as Council may establish by ordinance.
(2)
Administrative allocation. All of the administrative
functions, powers and duties of the municipality, other than those
vested in the offices of the Municipal Clerk and the City Tax Assessor,
shall be allocated and assigned within such departments.
[Amended 9-19-2017 by Ord. No. 17-20]
(3)
Departments specifically. There shall be the following
departments: Department of Administration, Department of Law, Department
of Financial Administration, Department of Police, Department of Fire,
Department of Recreation and Public Affairs, Department of Development
and Planning, Department of Public Works.
[Amended 11-21-2006 by Ord. No. 06-12; 1-6-2009 by Ord. No.
08-18; 12-1-2009 by Ord. No. 09-04]
B.
Officers and employees not assigned to a department.
(1)
The Municipal Clerk and City Tax Assessor shall not
be assigned to a specific department, but shall be subject to general
administrative procedures and requirements as are departments of the
City government, including but not limited to, the preparation and
submission of an annual budget and of such periodic budget reports
as are generally required of departments and such accounting controls,
central purchasing practices, personnel procedures and regulations,
and central data procession services as are generally required of
departments. (N.J.S.A. 40:69A-43)
[Amended 9-19-2017 by Ord. No. 17-20]
(2)
The Mayor shall, with the advice and consent of the
Council, appoint the City Tax Assessor and all other City officers
not assigned within a City department, subject to the terms of any
general law providing for these officers, unless a different appointment
procedure is clearly required by the Charter or by general law. (N.J.S.A.
40:69A-43)
C.
Department head appointment; term; residency.
(1)
Each department shall be headed by a department head.
(2)
The department head shall be appointed by the Mayor
with the advice and consent of the Council. [N.J.S.A. 40:69A-43(b)]
(3)
Each department head shall serve during the term of
the office of the Mayor appointing said department head, and until
the appointment and qualification of any successor. [N.J.S.A. 40:69A-43(b)]
(4)
At the time of the appointment, the department head
need not be a resident of the City or state, but during tenure of
office, the department head may reside outside the City only with
the approval of Council.
D.
Department head powers and duties. The head of each
department, under the supervision of the Mayor and subject to the
Charter and code shall:
(1)
Appoint subordinate officers and employees within
the department with the consent of the Mayor and may remove or suspend
such officers and employees, subject to the provisions of Title 11A
of the New Jersey Statutes, or other general law.
(2)
Prescribe the internal organization of the department
and the duties of subordinate officers and employees within the department,
subject to the provisions of Title 11A of the New Jersey Statutes,
and with the consent of the Mayor.
(3)
Assign functions, powers and duties to subordinate
officers and employees within the department, and modify such assignments
as need appears.
(4)
Supervise the work of the department and supervise
and direct the work of the employees of the department.
(5)
Delegate to division heads such of his powers as he
may deem necessary for efficient administration.
(6)
Report at least annually to the Mayor and Council
in such form as shall be approved by the Business Administrator on
the work of the department during the preceding year.
E.
Removal of department heads and others.
(1)
Mayor. The Mayor may in the Mayor's discretion remove
any department head and, subject to any general provisions of law
concerning the term of office or tenure, any other executive officer,
who is not a subordinate departmental officer or employee, after notice
and on opportunity to be heard. Prior to removal, the Mayor shall
first file a written notice of this intention with the Council, and
such removal shall become effective on the 20th day after the filing
of said notice unless the Council shall prior thereto have adopted
a resolution by a two-thirds vote of the whole number of the Council
disapproving the removal.
(2)
Council.
(a)
The Council may remove any City officer other than
the Mayor or a member of Council for cause, after notice and opportunity
to be heard.
(b)
The Council shall consider notices under Subsection E(2)(a) above and motions under this subsection only after notice and opportunity to be heard to the affected officer. The Clerk shall forthwith cause a copy of the notice or motion as the case may be, together with a statement of the charges involved and notice of the time and place fixed for hearing, to be served personally or by registered mail upon the officer affected. Hearing shall be held not less than 10 days nor more than 15 days after date of such service. Such hearing shall be open to the public pursuant to the Charter, Council may veto a removal under Subsection E(2)(a) above by a two-thirds vote of Council members and may adopt or defeat a motion under Subsection E(2)(b) above by a majority vote of the Council.
(3)
Department head. Each department head, with the approval
of the Mayor, shall have the power, except as specifically provided
by law, to appoint, remove and suspend subordinate officers and employees
within the department, subject to applicable civil service rules and
regulations.
F.
Dual appointments. A department head may serve as
a division head or supervisor and a division head or supervisor may
serve as a bureau head without additional compensation. Any person
may be appointed to serve as head of two or more divisions or bureaus,
unless otherwise provided by the Code, charter or state law.
G.
Interim appointments. Whenever a vacancy exists in
any office required by the Charter or Administrative Code to be filled
by the Mayor with the advice and consent of the Council, including
the office of department head, the Mayor may temporarily fill such
a vacancy in the absence of any contrary provision in the Charter
or statute by appointing an acting officer from among the existing
officers and employees of the department affected. Such appointee
shall have all the functions, powers and duties of the office until
it shall be filled permanently. Any such appointment shall terminate
not later than 90 days after the date of the appointment, unless the
Council by resolution authorizes one or more extensions of such period.
(N.J.S.A. 40A:9-12.1)
H.
Vacancies in divisions. Whenever a vacancy exists
in the office of any departmental division by resignation, removal,
disability or otherwise, the director of the department with the Mayor's
consent may fill such vacancy temporarily by appointing an acting
head of such division who shall have and perform all the functions,
powers and duties of such division until the office shall be filled
permanently. Any such temporary appointment shall terminate not later
than 90 days after the date of the appointment unless the Council
shall, by resolution, authorize one or more extensions of such period.
I.
Official surety bonds.
(1)
Every officer or employee of the City who by virtue
of the office or position is entrusted with the receipts, custody
or expenditure of public moneys or funds and any other officer or
employee who may be required to do so by the Council shall, before
entering upon the duties of the office or position, qualify for and
be covered by a surety bond in an amount as may be fixed by resolution
of the Council, binding the officer or employee to the City in its
corporate name and conditioned upon the true and faithful performance
of the duty to the office or position.
(2)
If any officer or employee shall not qualify or is
unable to be covered by a surety bond as herein required within 30
days after due notification of the officer's or employee's election
or appointment, that office may be declared vacant by the Council.
(3)
ln every case in which any person is required by the
laws of the state or by any ordinance of the City to give as bond
for the faithful performance of the duties of the office, such bond
shall be secured by a corporate surety authorized to do business in
this state, and the premium therefor shall be paid by the City. Each
such bond shall be approved as to form and sufficiency by the City
Solicitor and nothing in this section shall be construed to prevent
the use of one or more blanket bonds when so approved.
For purposes of this section, "immediate family"
means the spouse or dependent child of an officer or employee residing
in the same household.
A.
No officer or employee or member of his or her immediate
family shall have an interest in a business organization or engage
in any business, transaction, or professional activity, which is in
substantial conflict with the proper discharge of the officer's or
employee's duties in the public interest;
B.
No officer or employee shall use or attempt to use
the officer's or employee's official position to secure unwarranted
privileges or advantages for himself or herself or others;
C.
No officer or employee shall act in his or her official
capacity in any matter where the officer or employee, a member of
his or her immediate family, or a business organization in which the
officer or employee has an interest, has a direct or indirect financial
or personal involvement that might reasonably be expected to impair
his or her objectivity or independence of judgment;
D.
No officer or employee shall undertake any employment
or service, whether compensated or not, which might reasonably be
expected to prejudice the officer's or employee's independence of
judgment in the exercise of official duties;
E.
No officer or employee, member of his or her immediate
family, or business organization in which the officer or employee
has an interest, shall solicit or accept any gift, favor, loan, political
contribution, service, promise of future employment or other thing
of value based upon an understanding that the gift, favor, loan, contribution,
service, promise or other thing of value was given or offered for
the purpose of influencing the officer or employee, directly or indirectly,
in the discharge of official duties. This provision shall not apply
to the solicitation or acceptance of contributions to the campaign
of an announced candidate for elective public office, if the officer
has no knowledge or reason to believe that the campaign contribution,
if accepted, was given with the intent to influence the local government
officer in the discharge of official duties;
F.
No officer or employee shall use, or allow to be used,
his or her public office or employment, or any information, not generally
available to the members of the public, which the officer or employee
receives or acquires in the course of and by reason of office or employment,
for the purpose of securing financial gain for the officer or employee,
any member of his or her immediate family, or any business organization
with which the officer or employee is associated;
G.
No officer or employee or business organization in
which he or she has an interest shall represent any person or party
other than the local government in connection with any cause, proceeding,
application or other matter pending before any agency in the local
government in which the officer or employee serves. This provision
shall not be deemed to prohibit one employee from representing another
employee where the City is the employer and the representation is
within the context of official labor union or similar representational
responsibilities;
H.
No officer shall be deemed in conflict with these
provisions if, by reason of his or her participation in the enactment
of any ordinance, resolution or other matter required to be voted
upon or which is subject to executive approval or veto, no material
or monetary gain accrues to him or her as a member of any business,
profession, occupation or group, to any greater extent than any gain
could reasonably be expected to accrue to any other member of such
business, profession, occupation or group;
I.
No elected officer shall be prohibited from making
an inquiry for information on behalf of a constituent, if no fee,
reward or other thing of value is promised to, given to or accepted
by the officer or a member of his or her immediate family, whether
directly or indirectly, in return therefor; and
J.
Nothing shall prohibit any officer or employee, or
members of his or her immediate family, from representing himself,
herself or themselves, in negotiations or proceedings concerning his,
her or their own interests. (N.J.S.A. 40A:9-22.5)
[Amended 9-19-2017 by Ord. No. 17-20]
No rule or regulation made by any department
shall, except upon written approval of the Mayor, take effect until
at least 10 days after it is filed with the Municipal Clerk as required
by the Charter. The Municipal Clerk shall maintain a docket of all
orders, rules and regulations filed in the Clerk's office which docket
shall show the name of the issuing department, a brief description
of the subject matter, and the date of filing. At the close of each
year the Clerk shall, with the advice and assistance of the City Solicitor,
compile and codify all of the orders, rules and regulations which
then remain in force and effect. The Municipal Clerk may arrange for
the printing and sale of such compilation within the limits of available
appropriations.
The public, administrative and executive business
offices of the City shall be open for the transaction of public business
daily except Saturdays and Sundays and legal holidays, between such
hours as the Business Administrator may prescribe with the approval
of Council, except as otherwise provided by law. The Division of Police
Administration, Division of Fire and Fire Safety, and the Streets
and Roads Division of the Department of Public Works shall provide
City services for 24 hours a day heretofore. All other departments
shall provide City services for 24 hours a day in times of emergency.
The Business Administrator or a department head may require any officer
or employee to be in attendance for work on any day or days whenever
he or she determines that a public exigency or emergency so requires.
A.
Preservation. All the books, maps, papers, accounts,
statements, vouchers and other documents whatsoever acquired or produced
in any City department shall be carefully and conveniently filed,
kept and preserved and be and remain the sole property of the City,
and shall not at any time be removed from the offices of such department
except when required for use in the official business of the City
and shall then be returned to such office without delay. Each department
head or City officer shall be responsible for assuring that the requirements
of this section are complied with in respect to the particular office.
This section shall be subject to the provision of Destruction of Public
Records Law (1953) [N.J.S.A. 47:3-15 et seq.]. Upon the termination
of the term of office or the employment of any officer or employee,
the officer or employee shall forthwith deliver to the successor or
if there is no successor to the Clerk or other person who may be designated
by Council to receive the same, all moneys, papers, books, memoranda,
accounts or data of any nature whatsoever pertaining to the officers
or employee's office.
B.
Inspection.
All such documents and records of the City shall during office hours
be open to public search, inspection, examination and photocopying
subject to and within the limitations prescribed by law, including
N.J.S.A. 47:1A-5 et seq., provided that such search, inspection and
examination shall not extend to work papers of any department, nor
to materials prepared for the prosecution or defense by the City of
any legal action or right, nor to any investigatory reports, and provided
that such search, inspection, examination and copying 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.
[Amended 3-15-2011 by Ord. No. 10-25]
C.
Copying.
A member of the public shall have the right during regular business
hours and under the supervision of a representative of the custodian
to copy public records by hand or to purchase copies of such records.
Request for copies of such records shall be made on a form designed
for the purpose. Except as otherwise provided by law or regulation,
copies for the duplication of a government record embodied in the
form of printed matter shall be made available upon the payment of
$0.05 per letter-size page or smaller, and $0.07 per legal-size page
or larger (N.J.S.A. 47:1A-5b, as amended).
[Amended 3-15-2011 by Ord. No. 10-25]
D.
Exceptions:
[Amended 3-15-2011 by Ord. No. 10-25]
(1)
If it
can demonstrated that the actual costs for duplication of a government
record exceed the foregoing rates, the City shall be permitted to
charge the actual cost of duplicating the record.
(2)
Access
to electronic records and nonprinted materials shall be provided free
of charge, but the actual costs of any needed supplies such as computer
discs may be charged.
(3)
Whenever
the nature, format, manner of collation, or volume of a government
record embodied in the form of printed matter to be inspected, examined,
or copied pursuant to this section is such that the record cannot
be reproduced by ordinary document copying equipment in ordinary business
size or involves an extraordinary expenditure of time and effort to
accommodate the request, the City may charge, in addition to the actual
cost of duplicating the record, a special service charge that shall
be reasonable and shall be based upon the actual direct cost of providing
the copy or copies; provided, however, that in the case of a municipality,
rates for the duplication of particular records when the actual cost
of copying exceeds the foregoing rates shall be established in advance
by ordinance. The requestor shall have the opportunity to review and
object to the charge prior to it being incurred.
[Amended 9-19-2017 by Ord. No. 17-20]
A.
Powers and duties. The Municipal Clerk shall:
(1)
Act as secretary of the municipal corporation and
custodian of the City seal and of all minutes, books, deeds, bonds,
contracts, and archival records of the City. The governing body may,
however, provide by ordinance that any other specific officer shall
have custody of any specific other class of record.
(2)
Act as secretary to the governing body, prepare meeting
agendas, be present at all meetings of the governing body, keep a
journal of the proceedings of every meeting, retain the original copies
of all ordinance and resolutions, and record the minutes of every
meeting.
(3)
Serve as the chief administrative officer in all elections
held in the City, subject to the requirements of Title 19 of the Revised
Statutes.
(4)
Serve as chief registrar of voters in the City, subject
to the requirements of Title 19 of the Revised Statutes.
(5)
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 City ordinance has
delegated that responsibility to some other City officer.
(6)
Serve as coordinator and records manager responsible
for implementing local archives and records retention programs as
mandated pursuant to Title 47 of the Revised Statutes. (N.J.S.A. 40A:9-133)
(7)
Cause the Corporate Seal of the City to be affixed
to instruments and writings pursuant to law, to exemplify any documents
on record in the Clerk's office or to certify any act or paper from
which the records of the Clerk's office shall appear to have been
a public act of the City of public documents, and shall charge a fee
as allowed by ordinance.
(8)
Perform such other duties as are now or hereafter
imposed by statute, regulation or by City ordinance or regulation.
(N.J.S.A. 40A:9-133)
B.
Minutes; recordings of ordinances and resolutions.
The Clerk shall keep the minutes and records of the proceedings of
the Council, and upon request of the Chairman, of any Council committee
meeting. The Clerk shall preserve and compile all ordinances and resolutions.
At the close of each year, with the advice and assistance of the City
Solicitor, the Clerk shall update the codification of all the ordinances
and resolutions or true copies thereof of the City which then remain
in force and effect. The Clerk shall also properly index the record
books compilation or codification of ordinances and resolutions. (N.J.S.A.
40:69A-182)
C.
References of matters of the Council. Whenever the
Council has taken any action requiring any act or forbearance by any
officer or employee of the City or affecting the administration of
the functions, duties or powers of any such officer or employee, it
shall be the duty of the Municipal Clerk to communicate officially
the action of the Council to the person affected and to retain the
matter on the agenda of the Council for such further disposition as
may be required. Each officer and employee shall, unless otherwise
directed, direct his response to the action of the City Council to
the attention of the Municipal Clerk for the presentation to and information
of the Council.
E.
Term; vacancy; temporary appointment; tenure; removal.
(1)
The Municipal Clerk shall be appointed for a three-year
term.
(2)
For purposes of tenure, the term of the Municipal
Clerk shall be deemed to have begun as of the actual date upon which
a person serving as Municipal Clerk is appointed.
(3)
In the event of a vacancy in the office, an appointment
shall be made for a new term and not for an unexpired term.
(4)
The reappointment of an incumbent Municipal Clerk
made within 60 days following the expiration of the prior term shall
not be considered to be a new appointment, and the effective date
of the reappointment shall date back to the date of expiration of
the initial term of appointment.
(5)
The City Council shall appoint a person to a three-year
term as Municipal Clerk within six months after the previous Municipal
Clerk has resigned or the office has otherwise become vacant.
(6)
The City Council may appoint a person to serve as
acting Municipal Clerk for a period of not more than six months should
the office of Municipal Clerk become vacant.
(7)
No Municipal Clerk shall attain tenure in office unless
that person holds a Registered Municipal Clerk Certification. (N.J.S.A.
40A:9-133 et seq.)
(8)
Any person who shall have been reappointed to the
office of Municipal Clerk and having served as Municipal Clerk or
performed the duties of the Municipal Clerk or not less than three
consecutive years immediately prior to such reappointment shall acquire
tenure.
(9)
Upon receiving tenure, the Municipal Clerk shall continue
to hold office during good behavior and efficiency notwithstanding
the appointment was for a final fixed period of years and shall not
be removed for political reasons but only for good cause shown and
after a hearing before the Director of the Division of Local Government
and in accordance with N.J.S.A. 40A:9-133.7.
F.
Assistant Municipal Clerk. Council may appoint an
Assistant Municipal Clerk to assist in the duties of the office of
the Municipal Clerk and who shall perform the duties of the Municipal
Clerk in the absence of the Municipal Clerk.
G.
Clerk Pro Tempore. The President of City Council may
appoint a Clerk Pro Tempore who shall keep the records and minutes
whenever the Municipal Clerk or Assistant Municipal Clerk is unavailable.
A.
Appointment and qualifications. The Tax Assessor and
such Deputy Tax Assessors as necessary shall be appointed by the Mayor,
with the advice and consent of Council. No person shall be appointed
or reappointed as Tax Assessor or Deputy Tax Assessor unless that
person holds a Tax Assessor Certificate.
B.
Term. The Tax Assessor shall hold the office for a
term of four years from the first day of July next following the appointment.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
C.
Tenure; removal.
(1)
Any person who shall have been reappointed to said
office and having served as Tax Assessor for not less than four consecutive
years immediately prior to such reappointment shall hold the position
during good behavior and efficiency notwithstanding such reappointment
was for a fixed term of years, and the Tax Assessor shall not be removed
from the position for political reasons but only for good cause shown
and after a proper hearing before the Director of the Division of
Taxation or the Director's designee after due notice.
(2)
Any person serving as Tax Assessor or Deputy Tax Assessor,
whose Tax Assessor Certificate is revoked, shall be removed from office
by the Director of the Division of Taxation, and the office shall
be declared vacant.
D.
Duties and powers. The Tax Assessor shall have, perform
and exercise all functions, powers and duties as are provided by general
law and ordinance, including:
(1)
The assessment of property for the purpose of general
taxation.
(2)
The maintenance of adequate assessment records of
each separate parcel of real property assessed or exempted, and the
establishment and maintenance of such files, records and procedures
as may be required for the evaluation and assessment of personal property
pursuant to law.
(3)
The maintenance of a current tax map of the City 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 Administrative
Code. (N.J.S.A. 40A:9-146 et seq.; N.J.S.A. 40A:9-148; N.J.S.A. 54:1-35.25
et seq.)
A.
Title. This section shall be cited as the Purchasing
Agent Ordinance of the City of Bridgeton.
B.
Purpose and scope. The purpose of this section is
to prescribe the manner in which the Purchasing Agent of the City
shall implement procedures and supervise the purchase of all materials,
supplies, equipment, work, and contractual services of the City.
C.
Office of Purchasing Agent. There is hereby established
by the City Council an Office of Purchasing Agent which shall be constituted
within the Department of Administration. The Office of Purchasing
Agent shall be under the general supervision of the Mayor and under
the specific direction of the Business Administrator. The Office of
Purchasing Agent shall be headed by the Purchasing Agent of the City
who shall be the Business Administrator, unless a separate appointment
is made by the Mayor.
D.
Powers and duties. The Purchasing Agent shall have
general supervision over and responsibility for purchases made by
the City. The Purchasing Agent shall have the powers and duties prescribed
by this section subject to the review and supervision of the Mayor.
The Purchasing Agent shall have the power, and it shall be the duty
of the Purchasing Agent to:
(1)
Develop municipal purchasing goals, objectives, policies,
programs, procedures, rules and regulations for the acquisition of
materials, supplies, equipment and services consistent with state
law.
(2)
To develop and prepare a purchasing procedures manual
to be promulgated by the Mayor and distributed to all municipal departments,
nonautonomous agencies and boards of the City containing procedures
and instructions for initiating purchases by or on behalf of the City.
(3)
To stimulate both bid and quotation competition in
order to obtain the highest quality goods and services at the least
expense to the City.
(4)
To discourage uniform bidding and endeavor to obtain
as full and open competition as possible on all purchases.
(5)
To explore the possibilities of buying "in bulk" so
as to take advantage of discounts.
(6)
To prescribe and maintain such forms as may be necessary
for the successful operation of the purchasing function.
(7)
To consolidate requisitions of the like or common
items to obtain the maximum economic benefit.
(8)
To monitor and evaluate vendor performance.
(9)
To maintain a centralized organization of qualified
procurement of personnel.
(10)
To acquaint and, when necessary, train appropriate
City personnel in purchasing procedures.
(11)
To establish and supervise storerooms and warehouses
and maintain current inventory records of all materials, supplies
and equipment placed in storerooms and warehouses, and to arrange
for the transfer to or between departments, offices and agencies such
supplies materials and equipment as need appears.
(12)
To arrange, after governing body approval, for the
disposal of surplus materials and equipment either by transfer to
other municipal agencies or by public sale.
A.
Purpose.
(1)
The State of New Jersey has passed the Local Historians
Enabling Act (N.J.S.A. 40:10A-1 et seq.), which provides as a matter
of public policy that each municipality may participate to increase
the education, appreciation and communication of our heritage through
local historians.
(2)
The City of Bridgeton determines that it is in its
interest to appoint a Local Historian pursuant to this Act.
B.
Position created. Pursuant to the aforesaid statute,
the position of Local Historian is hereby established. The powers,
duties and responsibilities of the Local Historian shall be those
powers, duties and responsibilities set forth in the aforesaid statute.
