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.