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Township of West Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
Code
Zoning Map New Laws (19) Index Notes (1)
[Amended 5-13-1996 by Ord. No. 96-10]
A director may serve as a Division Head without additional compensation. Whenever a vacancy exists in the office of Head of any Division by reason of resignation, removal, disability or otherwise, the director of the department 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 Head until the office shall be filled permanently.
A. 
Every officer or employee of the Township who by virtue of the office or position is entrusted with the receipt, custody or expenditure of public moneys or funds and any other officer or employee who may be so required by the Council shall before entering upon the duties of the office or position execute and deliver a surety bond in such amount as may be fixed by resolution of the Council, binding the officer or employee to the Township in its corporate name and conditioned upon the true and faithful performance of the officer's or employee's duty. Each officer or employee required by law to give bond shall execute such a bond with sufficient surety and deliver the same to the Township Clerk before the officer or employee enters upon the discharge of the duties of the office or employment, except that the Township Clerk shall deliver the Clerk's bond to the Chief Financial Officer.
B. 
If any officer or employee shall neglect to execute and deliver the officer's or employee's bond as herein required within 30 days after due notification of the officer's or employee's election or appointment, the office may be declared vacant by the Council.
A. 
No officer or employee elected or appointed in the Township shall be interested, directly or indirectly, in any contract with the Township or in the compensation for work done or for materials or supplies furnished to the Township or to any contractor or other person furnishing the same to the Township, nor shall the officer or employee participate in any profits of such contractor or other persons or receive any compensation, commission, gift or other reward for services except the salary or fees established by law or the Mayor or by ordinance or resolution of the Council.[1]
[1]
Editor's Note: Former Subsection B, pertaining to the acceptance or solicitation of gifts by Township officers and employees, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Any officer or employee who violates any provision of this section or of any statute or ordinance relating to conflict of interest shall be deemed guilty of misconduct in office and liable to removal from office therefor. Any officer or employee who shall knowingly permit any provision of this section to be violated by any of the officer's or employee's subordinates shall also be guilty of misconduct in office and liable to removal therefor.
No officer or employee elected or appointed shall:
A. 
Directly or indirectly use or attempt to use the officer's or employee's office, position or employment to secure or obtain any unwarranted, preferential, favored, discriminatory or unlawful rights, benefits, advantages or privileges for the officer or employee or any others.
B. 
Vote for the adoption or defeat of any legislation or for the payment or nonpayment of any indebtedness owing or allegedly owing by this Township in which the officer or employee has a direct or indirect personal, pecuniary or other private interest.
C. 
Recommend or lobby for the adoption or defeat of any legislation or the institution or defense of any legal or quasi-legal action whatever in which the officer or employee has or may have a direct or indirect personal, pecuniary or other private interest.
D. 
Approve or disapprove or in any way recommend the payment of any bill, voucher or indebtedness owed or allegedly owed by the Township in which the officer or employee has a direct or indirect personal, pecuniary or other private interest.
E. 
Accept other employment or professional retainers or the promise thereof that might reasonably conflict with the performance of official duties or that might reasonably tend to impair the officer's or employee's independent or impartial judgment or action in the exercise or performance of the officer's or employee's official duties.
Upon the termination of office or employment of any officer, employee or board member, the appropriate individual shall forthwith deliver to the successor or, if there be no successor, to the Township Clerk or other person who may be designated by the Council to receive the same all moneys, papers, books, memoranda, accounts and data of any nature whatever pertaining to the appropriate individual's office.
Every municipal officer or employee who receives funds on behalf of the Township shall pay over said funds to the Chief Financial Officer in a time period prescribed by law, together with an itemized report detailing the items for which said funds had been received.
All ordinances heretofore adopted by the Township Council of the Township of West Windsor or the Board of Health of the Township of West Windsor, to the extent that the same are consistent with this chapter, are continued in full force and effect. All references in said ordinances to the Township Council, Township Board of Health or any board, body, department or office shall be construed to mean such board, body, department or office to which the respective functions, powers and duties are allocated and assigned by this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Unless otherwise provided for, rates of compensation established for persons holding office or employment on the effective date of this chapter shall be continued with respect to the office or employment to which they respectively may be transferred.
Any board, office, agency, function or employment not specifically reconstituted or continued by this chapter shall be deemed abolished.[1]
[1]
Editor's Note: Former § 4-82, Temporary provisions, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
The Seal of the Township of West Windsor shall be that Seal adopted by the Township Council, a depiction of which appears below:
B. 
Persons authorized to use Seal. The Township Clerk is hereby authorized to use, exhibit and display the actual Township Seal. The Mayor and members of the Township Council and any department director are hereby authorized to use, exhibit and display a replica of the Township Seal for such purposes associated with Township business.
C. 
Unauthorized use; penalty. Any person who is not authorized by law to use, exhibit or display the Seal of the Township of West Windsor and who uses, exhibits or displays the Seal of the Township of West Windsor without the Township's consent shall, upon conviction, be subject to a penalty pursuant to Chapter 1, General Provisions, Article II, Penalty.
[Amended 5-13-1996 by Ord. No. 96-10]
A. 
Intent and purpose. It is the intent and purpose of this section to provide for the defense of actions against and the indemnification of public employees as permitted by N.J.S.A. 59:10-1 et seq.
B. 
Definitions. As used in this section, the following words shall have the meanings indicated:
EMPLOYEE
Any officer, employee or servant, whether or not compensated or part-time, individual members of appointed boards and committees and elected officials who are authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
PUBLIC EMPLOYEE
Any employee or former employee of the Township.
C. 
Defense of action. The Township shall provide for the defense of any action brought against a public employee on account of any act or omission in the scope of such employee's employment, and this obligation shall extend to any cross-actions, counterclaims or cross-complaints against such employee.
D. 
Exception. The provisions of Subsection C above shall not be applicable when the Township determines that:
(1) 
The act or omission was not within the scope of employment.
(2) 
The act or failure to act was because of actual fraud, willful misconduct or actual malice.
(3) 
The defense of the action or proceeding would create a conflict of interest between the Township and the public employee.
(4) 
The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the Township or by any other person.
(5) 
The public employee failed to deliver to the Business Administrator within 10 calendar days after the time the employee is served with any summons, complaint, process, notice, demand or pleading the original or a copy of the same.
(6) 
The public employee has failed to cooperate fully with the defense.
E. 
Methods of providing defense. The Township may provide any defense required of it under this section through the Township Attorney or by employing special counsel pursuant to the code.
F. 
Township control over litigation. Whenever the Township provides any defense required of it under this section, the Township, through the Township Attorney or other special counsel, may assume exclusive control over the representation of the public employee and such employee shall cooperate fully with the defense.
G. 
Indemnification.
(1) 
In any case where the Township is required to provide a defense under this section, the Township shall pay or shall reimburse the public employee for:
(a) 
Any bona fide settlement agreements entered into by the employee.
(b) 
Any judgment entered against the employee.
(c) 
If the Township has failed to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses, together with costs of any appeal.
(2) 
In addition, in any case where the Township would be required to provide a defense under this section except for the fact that such defense is provided for by insurance, the Township shall provide indemnification as aforesaid, but only to the extent not covered by insurance.