For the purposes of this chapter and in the
interpretation and application of all other ordinances and resolutions
heretofore or hereafter adopted by the City of Brigantine, except
as the context may otherwise require, the following terms shall have
the meanings indicated:
The Council-Manager Plan of Chapter 210 of the New Jersey Laws of 1950, also known as "N.J.S.A. 40:69A-1 et seq.," as amended and supplemented, and any and all general laws as therein defined which are or may be applicable to the City.
The City of Brigantine, in the County of Atlantic and State
of New Jersey, as governed by the provisions of the Charter and being
formerly known as "Brigantine," the "Borough of Brigantine," "Brigantine
City," "Brigantine Beach," "East Atlantic City" and "North Atlantic
City."
The Municipal Clerk duly appointed pursuant to the Charter
and General law, or the Deputy Municipal Clerk, when acting in such
capacity.
This chapter, as may be hereafter amended and supplemented.
References to the "Code of the City of Brigantine" or "Ordinances
of the City of Brigantine" shall mean this and those other ordinances
duly adopted by the governing body of the City of Brigantine, present
or prior, and which are now adopted or remain in effect. At the time
of adoption of this Charter and Administrative Code, all of the existing
general legislation of the City of Brigantine was preliminarily organized
and codified for pending adoption in that certain compilation of ordinances
on file in the office of the City Clerk, by General Code Publishers
Corporation of Rochester, New York, entitled "Code of the City of
Brigantine." Pending adoption of the codification, of this and general
legislation, all prior ordinances remain in effect in the form in
which they were originally adopted, except for those superseded by
the adoption of the Optional Municipal Charters Law,[1] and reference thereto shall be made by the year and ordinance
number of adoption.
[Amended 12-28-1992 by Ord. No. 28-1992]
The immediate prior form of government of the City of Brigantine,
found at N.J.S.A. 40:71-1 et seq., superseded as of January 1, 1991,
12:00 noon.
The Council-Manager form of government as contained within
the Optional Municipal Charters Law, 40:69A-1 et seq., specifically
at 40:69A-81 et seq., effective in the City of Brigantine January
1, 1991, 12:00 noon.
An organization unit or group of organization units of the
City government, established or designated as a "department" by this
chapter.
The administrative head or officer in charge of a department,
regardless of his or her title (includes the titles "Superintendent,"
"Officer," or the like).
An individual who is employed by the City of Brigantine on a full- or part-time basis at the department level or below, being generally those individuals employed pursuant to Article V et seq., inclusive, herein, and whose compensation is fixed by the General Salary Ordinance of the City,[2] who may be any elected official, board member or anyone
appointed by the Manager or the City Council, including but not limited
to the Mayor, the members of Council, the Manager or any Planning
Board or Zoning Board member, according to law. For purposes of this
chapter, the City Manager, Deputy Manager, if any, Chief Financial
Officer, City Clerk and Deputy Clerk and the professional staff appointees
shall be considered as "employees." At the time of hiring or designating
an individual for employment in any capacity, the Manager and/or Council
shall designate whether or not an individual is to be considered an
"employee," "independent contractor" or "service provider," for purposes
of the manner of payment of compensation.
Any law or provision of law not inconsistent with the Charter,
heretofore or hereafter enacted, which is, by its terms, applicable
or available to the City, and the following additional laws, whether
or not such additional laws are so applicable or available to any
city or municipality, including legislation relating to taxation,
local courts, education, health, public employees, public lands and
buildings, public contracts, public authorities and the police power
and laws which relate to more than one city and cities in unsound
financial condition. The term "general law" includes any such law,
even if not enumerated in or mentioned by the Optional Municipal Charters
Law, N.J.S.A. 40:69A-1 et seq., this Charter or Administrative Code.
[3]The City Council created and constituted pursuant to the
Charter, including the Mayor when such Mayor is not performing those
duties which are peculiar to the Mayor's position and when sitting
as a member of the Council.
A firm, company or professional person that performs services
for the City of Brigantine not as an employee.
The City Manager, Deputy Manager or Acting Manager appointed
and serving pursuant to the Charter or this chapter, with the powers
and duties of the Manager under the Optional Municipal Charters Law,
N.J.S.A. 40:69A-1 et seq.
The Mayor (or Deputy Mayor, as the case may be) duly elected
or appointed pursuant to the Charter.
A calendar month, unless otherwise specifically provided.
Members of the City Council, all members of the advisory boards, committees and commissions appointed pursuant to Article V herein, and professional consultants appointed to hold the positions described herein, irrespective of whether they perform such functions as employees or independent contractors. For purposes of this chapter, the City Manager, Deputy Manager, if any, Chief Financial Officer, City Clerk and Deputy Clerk, Solicitor, Assistant Solicitor/Prosecutor, Assistant Solicitor/Public Defender, City Engineer, City Planner, City Auditor, Solicitors and professional advisors of the Planning Board and Zoning Board of Adjustment shall be considered "officials" or "officers" of the City.
The Optional Municipal Charters Law, N.J.S.A. 40:69A-1 et
seq., which authorizes and requires the Council-Manager form of optional
municipal charter, found at N.J.S.A. 40:69A-81 et seq.
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
Those laws of the State of New Jersey which specifically
establish a right of tenure in particular officeholders and which
limit the conditions under which an individual may be discharged from
such position, which have not been superseded by the adoption of the
Optional Municipal Charters Law.
The calendar year, unless otherwise specifically provided.
