Borough of Bradley Beach, NJ Article III Departments and Offices

§ 5-13 Establishment.

There is hereby established and/or continued the following departments and offices in the Borough of Bradley Beach under the direction and supervision of the Mayor as chief executive:

A. Department of Administration.

B. Department of Finance.

C. Department of Public Safety.

D. Department of Code Enforcement.

E. Department of Public Works.

F. Department of Parks and Recreation.

§ 5-14 Department heads and subordinates.

A. The Mayor shall recruit, select and appoint persons qualified by training and experience for their respective office as department heads. Department heads shall be employees of the Borough.[1]

[1] Editor's Note: Original Sec. 2-12a, regarding directors as heads of departments, which previously preceded this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

B. Each department head shall serve during the term of the Mayor appointing him, unless removed from office by the Mayor, and shall continue to serve until a successor is appointed and qualified.

C. Each department head serves at the pleasure of the Mayor regardless of the term of appointment, except as otherwise provided by law.

D. Personnel subordinate to the head of a department shall be appointed by the Mayor, except as may otherwise be provided by this chapter, and shall serve during the Mayor's term, unless otherwise provided by the Charter, general law, this chapter or other ordinances.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

E. Personnel subordinate to the head of a department may be removed by the head with the approval of the Mayor, unless otherwise provided by the Charter, general law, this chapter or other ordinances.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

F. Nothing in this article shall be construed to prevent the Mayor from appointing to any position for which the Mayor has the responsibility of making appointments either himself or another appointed municipal officer, except as specifically prohibited by the Charter, general law or this chapter.

G. The Mayor shall report to the Borough Council on his or her appointments to the position of department heads and subordinate personnel within 30 days of assuming office, except as otherwise provided by the Charter, general law, this chapter or other ordinances.

H. No new department, division, office, officer or employee position shall be created except by action of the Borough Council, and no existing department, division, office, officer or employee position shall be abolished except by action of the Council.

I. The creation and/or the abolition of any position by Council shall be specifically noted as appropriate in the annual budget, and any ordinance establishing a new department, division, office, officer or employee position shall include a statement of the powers, duties and responsibilities of the function therein created, and this chapter shall be appropriately amended.

J. Whenever a vacancy exists in any office required by the Charter or by this chapter to be filled by the Mayor with the advice and consent of the Borough Council and there is no holdover incumbent, the Mayor may temporarily fill such vacancy, in the absence of any contrary provision in the Charter, general law or in this chapter, by appointing an acting officer. Such appointee shall have all of the functions, powers and duties of the office until it shall be permanently filled. Any such appointment shall terminate not later than 90 days after the date of the appointment, unless the Borough Council shall by resolution authorize one or more extensions of such a period.

K. Unless otherwise provided specifically by this chapter or state statute, nothing contained herein shall prevent any officer or employee from serving under one or more titles, offices or positions under this form of government.

§ 5-15 Powers and duties of department heads.

The head of each department, under the supervision of the Mayor and subject to the Charter, general law and this chapter, shall:

A. Prescribe the internal organization of the department and the duties of subordinate officers and employees within the department, except as provided by the Charter, this chapter or by ordinance.

B. Ensure that all powers, functions and duties assigned to the department are carried out with diligence.

C. Operate the department in an efficient and effective manner.

D. Report in writing to the Mayor recommendations for improving departmental performance, requirements of the department and the results of assignments made to the department.

E. Report promptly to the Mayor and to the Chief Financial Officer projected deviations in the financial performance of the department.

F. Report at least annually to the Mayor and Borough Council, in such form as shall be approved by the Mayor, on the work of the department during the preceding year.

G. Cooperate with the Mayor, Chief Financial Officer and Borough Council in the preparation of the annual budget, providing supporting information for all budgetary requirements and explanation of all deviations from previous budgets.

H. Assign functions, powers and duties to subordinate officers and employees within the department and modify such assignments as need appears.

I. Assign priorities to the conduct of the functions, powers and duties allocated to the department.

J. Supervise the work of the department through the divisions established by this chapter and supervise and direct the work of the employees of the department.

K. Delegate to other officers or employees of the department such of his or her powers as he or she may deem necessary for efficient administration and operation.

L. Prohibit the expenditure of municipal funds or the commitment of municipal funds by the department except as provided by law.

M. Provide liaison with other departments, divisions, boards, etc., as required for the efficient and effective operation of the administrative branch.

N. Familiarize himself or herself with general law affecting his or her department and with funds available for the performance of the functions of his or her department from sources outside the Borough.

§ 5-16 Surety bonds. [1]

The Chief Financial Officer, Municipal Tax Collector, Clerk, Deputy Clerk, Court Administrator, Municipal Court Violations Clerk, Deputy Court Clerk and Municipal Judge, and such other employees mandated by law, shall each be bonded, at the expense of the Borough, in accordance with general law.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 5-17 Public records.

A. All the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department shall be carefully and conveniently filed, kept and preserved and shall be and remain the sole property of the Borough and shall not at any time be removed from the offices of such department except when required for use in official business and shall then be returned to such offices without delay. Each department head shall be responsible for enforcing the requirements of this section in his or her department. This section shall be subject to the provisions of Destruction of Public Records Law (1953) (N.J.S.A. 47:3-15 et seq.).

B. All public documents and records shall, during office hours, be opened to public search, inspection and examination, subject to and within limitations prescribed by law, and provided that such search, inspection and examination may be made under such regulations as the officer having custody of such records, books and documents shall establish for the safety and preservation thereof and the proper decorum and efficiency of his or her office.

§ 5-18 Delivery of funds and records.

Upon termination of the term of office of any officer or the employment of any employee, he or she shall forthwith deliver to his or her successor or, if there be no successor, to the Clerk or other person who may be designated by the Council to receive same, all moneys, paper, books, files, memoranda, keys and combinations, accounts and data of any nature whatever pertaining to his or her office or employment.