Borough of Norwood, NJ Officers and Employees

The Borough Clerk shall serve as Clerk of the Council and as Secretary of any special legislative committees of the Council. He shall attend all meetings of the Council and of such committees when required by the Chairman and shall keep the minutes of the proceedings of the Council and of such committees. The minutes of each meeting of the Council shall be signed by the officer presiding at the meeting and by the Clerk.

In addition to the duties of the Borough Clerk set forth herein, the Borough Clerk shall serve as director of all administrative clerical staff, clerical employees employed by the departments, boards and commissions set forth in Chapter 5, Administrative Organization, and such other clerical employees whose positions maybe established by law.

Ordinances and resolutions.

The Clerk shall record all ordinances and all resolutions of a permanent character in books to be provided for that purpose. After each ordinance he shall also record and certify the proof of publication thereof as required by law. Each ordinance and resolution so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was duly adopted upon the date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance or resolution. Any omission by the Clerk or the Mayor to record, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.

At the close of each year, the Clerk, with the advice and assistance of the Borough Attorney, shall bind, compile or codify all the ordinances and resolutions or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances and resolutions.

Custodian of records. The Clerk shall have custody of and safely keep all records, books and documents of the borough. He/she shall provide a request for public records form in accordance with the terms set forth in P.L.2001, c.404,[1] access to records amendment, and upon the payment of fees prescribed herein for the use of the borough, furnish a certified copy of any such paper in his/her custody under the corporate seal of the borough. Fees for copies of records or documents shall be as follows:

[Amended 8-6-2002 by Ord. No. 02:13]

For a duplicate tax bill: $1.

For copies of all other records or documents which are required by law to be made, maintained or kept on file by the borough or any department, commission, board or agency thereof or by any official acting for or on behalf thereof, copies shall be supplied upon the payment of the following fees, which shall be based upon the total number of pages or parts thereof to be purchased without regard to the number of records being copied:

(a)

First page to tenth page: $0.75 per page.

(b)

Eleventh page to twentieth: $0.50 per page.

(c)

All pages over 20: $0.25 per page.[2]

[2]

Editor's Note: Former Subsection D93), regarding citizens' use of their own photographic process, was repealed 8-6-2002 by Ord. No. 02:14.

[1]

Editor's Note: See N.J.S.A. 47:1A-1 et seq.

Corporate Seal. The Clerk shall cause the Corporate Seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Council, or when necessary to exemplify any document on record in his office, or to certify any act or paper which, from the records in his office, shall appear to have been a public act of the Borough or a public document. He shall not affix the Seal or cause or permit it to be affixed to any other instrument or writing or other paper unless required by law or ordinance.

Insurance, surety bonds and contracts. The Clerk, subject to the supervision of the Mayor and Council, shall:

Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond which shall be placed in the custody of the Treasurer; of all insurance policies upon or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.

Be the depository for and have custody of all performance bonds running to the Borough as obligee or any other form of security given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the Borough.

Have custody of all leases of property owned by the Borough.

Report to the Borough Council at such time as the Council may require on the coverage, expiration date and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.

Other laws and ordinances. In addition to such other functions, powers and duties as may be prescribed by ordinance, and subject to the supervision and direction of the Mayor and Borough Council, the Clerk shall:

Perform all of the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.

Administer the provisions of Borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.

Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Mayor and Borough Council.

Administrative rules and regulations; filing and publication. No rule or general regulation made by any department, board, agency or authority of the Borough, except those which relate to the organization or internal management of the municipal government or any part thereof, shall take effect until it is filed with the Borough Clerk. The Clerk shall maintain a current compilation of all rules and regulations which shall be available for public inspection in his office during business hours.

Deputy Borough Clerk.

Appointment. There shall be a Deputy Borough Clerk of the Borough appointed by the Mayor and Council for a term of one year.

Duties.

(a)

The Deputy Borough Clerk shall assist the Borough Clerk in the performance of his duties in such manner and to such extent as shall be required by the Borough Clerk with the prior consent of the Council. During such periods as the Borough Clerk is, with the consent of the Council, absent from his duties, the Deputy Borough Clerk shall exercise the powers and perform all the duties of the Borough Clerk as is provided by law. In addition to the foregoing, the Deputy Borough Clerk shall exercise such additional powers and perform such additional duties of the Borough Clerk as is provided by law.

(b)

In addition to the foregoing, the Deputy Borough Clerk shall attend all regular public meetings of the Board of Adjustment and the Planning Board for the purpose of recording the proceedings of those Boards and transcribing same into minutes for the approval of the respective Boards. He shall perform such other duties as may from time to time be requested by either of the Boards in accordance with their rules and regulations in such case made and provided.

§ 42-2 Municipal Administrator.

Creation of position. The office of Municipal Administrator is hereby created in and for the Borough of Norwood, and the employment of a person to fill such office is hereby authorized.

Appointment; qualifications; holding office. The Municipal Administrator shall be appointed by the Mayor with the advice and consent of the Borough Council. In the event the Mayor fails to nominate such Municipal Administrator within 30 days after the office is created, or after the office should become vacant, or in the event the Council fails to confirm any nomination made by the Mayor, then, after the expiration of such 30 days, the Borough Council shall appoint a Municipal Administrator by a majority vote of at least three affirmative votes, the Mayor having no vote thereon, except in the case of a tie. The Municipal Administrator shall be appointed on the basis of his executive and administrative qualifications and training in government. The term of office of the Municipal Administrator shall be at the pleasure of the governing body. Removal shall only be had by a 2/3 vote of the governing body. The resolution of removal shall become effective three months after its adoption by the governing body. The governing body may provide that the resolution shall have immediate effect; provided, however, that the governing body shall cause to be paid to the Administrator forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the resolution. However, in the event said resolution of removal is adopted prior to April 1 of any calendar year, the governing body shall cause to be paid to the Administrator forthwith the unpaid balance of his salary and his salary for an additional six months following adoption of the resolution. It is the intention of this provision that changes in Administrator will not be had as a result of a political termination subsequent to a change of the Borough administration.

Compensation. The Borough Administrator shall receive such compensation as shall be fixed from time to time by the Borough Council in a salary ordinance.

Deputy Administrator. There may be designated in the same manner as a designation of Borough Administrator a qualified Deputy Administrator of the Borough, which Deputy Administrator shall perform the duties of Borough Administrator during the temporary absence of the Administrator or during the temporary disability of the Administrator.

Duties and responsibilities.

The Borough Administrator shall be Chief Administrative Officer of the Borough subject to the policies and directives of the governing body.

Further, the Borough Administrator shall:

(a)

Direct and supervise the administration of all departments, divisions and offices of the Borough government, together with the members of the governing body assigned as liaison or commissioner of said departments.

(b)

Prescribe and enforce administrative rules to be followed by each department.

(c)

Carry on a continuing review of department performance, evaluate the present level of services and make recommendations for change when indicated.

(d)

Introduce improved methods and practices to facilitate more efficient delivery of municipal services.

(e)

Be responsible for the maintenance and enforcement of personnel policies and practices.

(f)

Be responsible for collective bargaining on behalf of the Borough.

(g)

Provide liaison with all Borough professionals, including but not limited to the Borough Engineer, the Borough Auditor and the Borough Attorney.

(h)

Provide liaison with the Planning Board, Board of Adjustment as well as other boards of the Borough and the professionals who serve those boards.

(i)

Study, recommend to the Mayor and Council and provide liaison for any county, state or federal services or grants for which the Borough may be eligible.

Other Borough positions. The Administrator shall also serve as the Borough Clerk and Borough Tax Collector. Nothing herein contained shall abrogate or deny the right of the Borough Administrator to any tenure rights which may accrue as the result of his serving the position of Borough Clerk and Borough Tax Collector while serving those positions as well as those of the Borough Administrator. Nothing herein contained shall prevent the Borough Administrator from also holding any other appointed municipal office of the Borough and affiliated duties thereof.

§ 42-3 Borough Attorney.

Appointment. The Borough Attorney shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. He shall be an attorney at law of New Jersey, but need not be a resident of the Borough. In lieu of appointing an individual attorney, the Mayor may, with the advice and consent of the Council, appoint a firm of attorneys, all members of which shall be attorneys at law of New Jersey. The Borough Attorney shall not receive a fixed salary but shall be paid such retainer as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.

Powers and duties. The Borough Attorney shall have such powers and perform such duties as are provided for the office of Borough Attorney by general law or ordinance of the Borough. He shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its offices or agencies may be a party or have an interest. He shall give legal counsel and advice when required by the Mayor and Council or any member thereof and shall, in general, serve as the legal advisor to the Mayor and Council on all matters of Borough business. In furtherance of the general powers granted in this section, but not by way of limitation, the Borough Attorney shall:

Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.

With the approval of the Mayor and Council, conduct appeals from orders, decisions or judgments affecting any interest of the Borough as he may in his discretion determine to be necessary or desirable or as directed by the Mayor and Council.

Subject to the approval of the Borough Council, have the power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.

Render opinions in writing upon any question of law submitted to him by the Mayor and Council or any member thereof with respect to their official powers and duties and perform such duties as may be necessary to provide legal counsel to the Mayor and Council in the administration of municipal affairs.

(5)

Supervise and direct the work of such additional attorneys and technical and professional assistants as the Council may authorize for special or regular employment in or for the Borough.

§ 42-4 Borough Prosecutor.

Appointment. In addition to the Borough Attorney, there shall be appointed by the Mayor with the advice and consent of the Borough Council a Borough Prosecutor, who shall attend the regular sessions of the Municipal Court of the Borough and shall prosecute all cases on behalf of the Police Department of the Borough and on behalf of all Borough officials who have brought complaints to be heard in the Municipal Court.

Compensation. The Borough Prosecutor shall be an attorney at law of New Jersey but need not be a resident of the Borough. He shall be paid such compensation as the governing body of the Borough may from time to time establish by appropriate ordinance.

§ 42-5 Borough Public Defender.

Appointment. In addition to the Borough Attorney and Borough Prosecutor, there shall be appointed by the Mayor, with the advice and consent of the Council, a Borough Public Defender who shall serve in the Municipal Court of the Borough. The duties of the Borough Public Defender shall be to serve as legal counsel to those defendants unable to afford same and who are charged or about to be charged with such violation of law as shall entitle a defendant to have counsel assigned to him or her as may from time to time be established by any court of competent appellate jurisdiction having jurisdiction over the subject matter or assignment of counsel. The determination as to whether or not there is a right to counsel by a defendant shall be liberally construed in favor of that right and shall be based upon such rules as may be promulgated by the appellate courts aforesaid or as a result of their decisions. The Public Defender shall follow such guidelines and prepare such forms for completion by an applicant for services of the Public Defender subject to the prior approval of the Judge of the Municipal Court with a view toward establishing a uniform method of determining entitlement to the services of the office of the Public Defender who shall serve such defendants without charge.

Compensation. The Borough Public Defender shall be an attorney at law of New Jersey and shall be paid such compensation as the governing body of the Borough may from time to time establish by appropriate ordinance.

Application fee for Public Defender.

[Added 11-5-1997 by Ord. No. 97:19; amended 3-11-2015 by Ord. No. 15:01]

Persons applying for representation by the Borough's Public Defender will pay an application fee of $200 at the time of presentation of an application for the Public Defender. The Municipal Court Judge may, however, in accordance with the Supreme Court's guidelines, waive any required application fee, in whole or in part, only if the Judge determines in his or her discretion that the applicant has made a clear and convincing showing that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit an applicant, for good cause shown, to pay the application fee over a specified period of time not to exceed four months.

Funds collected pursuant to Subsection C(1) will be deposited in a dedicated fund administered by the Chief Financial Officer. The funds so deposited will be used exclusively to meet the costs incurred by the Borough in providing the services of the Public Defender, including, when required, the costs of expert witnesses and lay investigation and testimony.

§ 42-6 Construction Official.

Appointment, term and qualifications. The Construction Official shall be appointed by the Mayor, with the advice and consent of the Council, to serve for a term of one year. Prior to his appointment he shall be qualified by training and experience in the duties of a Construction Official. The Construction Official shall also serve as Zoning Officer and shall issue certificates of occupancy.

Duties. The Construction Official shall:

Enforce the Building Code and have all the powers, functions and duties prescribed by general law and ordinance for construction officials.

Keep a record of his proceedings, a permit book and a complaint book, all of which shall be subject to inspection. He shall report regularly to the Mayor and Council, at its discretion, the number of permits issued, the estimated cost of such work and the fees received and paid by him for the Treasurer.

Exemption from residency requirement. The Construction Official is exempt from the requirement of being a resident of the Borough.

§ 42-7 Exemption from residency requirement.

The Borough Attorney, Borough Prosecutor, Borough Engineer, Borough Construction Official and Borough Poundkeeper are hereby exempted from the requirement of being residents of this Borough.

§ 42-8 Chief Financial Officer.

[Added by Ord. No. 89-0-2; amended 6-4-2008 by Ord. No. 08:05]

There is hereby created, ratified, and confirmed in the Borough of Norwood the position of Chief Financial Officer, ("Officer") pursuant to N.J.S.A. 40A:9-140.1 et seq.

Appointment, compensation and term. The Officer shall be appointed by the Mayor, with the advice and consent of the Council, and shall be compensated in accordance with the salary ordinance. The Officer shall serve a term of four years which shall run from January 1 in the year of appointment, unless the Officer shall have been granted tenure of office upon reappointment in accordance with N.J.S.A. 40A:9-140.8.

Powers and duties. The Officer shall supervise and perform all professional functions associated with the Borough's municipal finance requirements as required by law, by the Division of Local Government Services, and as may be reasonably directed by the Mayor and Council.

Qualifications. The Officer shall fully comply with the requirements for education and certification set forth in N.J.S.A. 40A:9-140.13 to 40A:9-140.15, as amended.

§ 42-9 Assistant Chief Financial Officer/Deputy Tax Collector/Deputy Treasurer.

[Added 6-4-2008 by Ord. No. 08:05[1]]

There is hereby created in the Borough of Norwood the position of Assistant Chief Financial Officer/Deputy Tax Collector/Deputy Treasurer ("Assistant").

Appointment, compensation and term. The Assistant shall be appointed by the Mayor, with the advice and consent of the Council, and shall be compensated in accordance with the salary ordinance. The Assistant shall serve as an at-will employee for a term of up to one calendar year which shall begin on the date of appointment and shall terminate on December 31 of the year in which the appointment is made, or until a successor is appointed and qualified for the position.

Power and duties. The Assistant shall assist the Chief Financial Officer, Tax Collector, and Treasurer in the conduct of their statutory and other duties, as directed by the Mayor and Council.

[1]

Editor's Note: This ordinance also renumbered former § 42-9 as § 42-10.

§ 42-10 School crossing guard.

[Added 9-3-1997 by Ord. No. 97:15]

The term of appointment for all crossing guards in the Borough of Norwood shall be on a fiscal rather than calendar basis and shall run from September 1 through June 30 of each year in order to coincide with the school year.

Those crossing guards appointed for 1997 shall complete their term through December 31, 1997.

An interim appointment of crossing guards shall be made in late December 1997/early January 1998 for the period commencing January 1, 1998, and ending June 30, 1998.

The first full year appointment made under this chapter shall be made in late August 1998/early September 1998 for the entire term of September 1, 1998, through June 30, 1999.

§ 42-11 Defined Contribution Retirement Program offices and positions of employment.

[Added 10-7-2008 by Ord. No. 08:08]

Individuals serving or employed in the following offices or positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program, pursuant to N.J.S.A. 43:15C-2:

Borough Administrator;

Municipal Court Administrator;

Municipal Prosecutor;

Municipal Court Judge; and

(5)

Public Defender.

Individuals serving or employed in the following offices or positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:

Certified Health Officer;

Tax Collector;

Chief Financial Officer;

Construction Code Official;

(5)

Qualified Purchasing Agent;

(6)

Tax Assessor;

(7)

Registered Municipal Clerk;

(8)

Licensed uniform subcode inspector; and

(9)

Principal Public Works Manager.

If an individual is appointed to one of the offices or positions listed in Subsection A and the individual is not serving in a position as described in Subsection B, the Borough's Pension Certifying Officer may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:

Was an active participant in the Public Employee Retirement System on July 1, 2007, and continuously since that time; or

Has been appointed pursuant to a valid promotional process; or

Is appointed on a temporary, interim, or acting basis to a position requiring state certification, as set forth in Subsection B, and is in pursuit of the required certification; or