[HISTORY: Adopted by the Borough Council
of the Borough of Mountain Lakes 6-23-1980 as Secs. 2-4, 2-5, 2-9,
2-10, 2-11 and 2-15, Paragraph 2, of the 1980 Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Administration of government — See Ch.
5.
Defense and indemnification — See Ch.
22.
Political fund-raising — See Ch.
51.
A. Qualifications; functions of office.
(1) The Borough Manager shall be a person of demonstrated
executive and administrative ability. He shall, prior to his appointment,
be qualified in terms of knowledge and experience in accepted practice
in respect to the duties of his office. During the term of his office
he may reside outside of the Borough.
(2) Within the office of the Manager, there shall be the
following functions:
(b) Budget, purchasing, treasury and financial management,
tax collection, and utility billing and collection.
(i) Emergency management services.
B. General powers and duties. The Manager shall:
(1) Be the personnel officer and have full charge of all
matters pertaining to personnel administration.
(2) Supervise the administration and enforcement of the
local and state health and sanitary codes which shall be planned by
the Health Commission and approved by the Council.
(3) Supervise the administration of a comprehensive recreation
program which shall be planned by the Recreation Commission and approved
by the Council.
(4) Supervise the administration and enforcement of all
laws, codes, ordinances, and regulations, both state and local, relating
to building, zoning, electrical, sanitation, and plumbing through
the appointment of a qualified inspector or inspectors or through
contractual arrangements. Fire prevention and safety inspections shall
be coordinated by the Manager with the Fire Department. The Chief
of the Fire Prevention Bureau shall be appointed by the Fire Chief.
(5) Engineering function.
(a) Supervise the engineering function which shall:
[1]
Prepare, or cause to be prepared, plans and
specifications for public works and improvements undertaken by the
Borough.
[2]
Supervise the performance of contracts for public
works and certify the amounts due payable thereunder.
[3]
Maintain maps, charts, engineering data, and
records which may be required for the proper and efficient technical
administration of public works functions.
[4]
Provide for traffic engineering needs.
(b) All papers, documents, memoranda, reports, and other
materials relating to the administration of the engineering function
shall be and remain the property of the Borough. Upon the termination
of his service with the Borough, the Engineer shall forthwith surrender
to his successor all such property, together with a written consent
to substitution of his successor in engineering matters then pending
to which the Borough is a party.
(6) Supervise the administration of a welfare program
and appoint a director thereof.
(7) Supervise the emergency management services agency
and appoint a director thereof.
C. Financial responsibilities.
(1) General. The Manager shall:
(a) Prepare the annual budget and maintain continuing
review and analysis of budget operations, work programs and costs
of municipal services.
(b) Administer a uniform purchasing program.
(c) Assign and reassign, transfer and retransfer, from
time to time, either temporarily or permanently, any property from
one function to another or from one administrative unit to another,
as the efficient management of the Borough government requires.
(d) Supervise the financial management of the Borough.
(2) Treasurer. The Manager shall be the Treasurer and
shall:
(a) Keep books and records of accounts for the exercise
of the foregoing financial budgetary control over each department,
office, and agency of the government and keep such accounts as shall
show the amount of each appropriation, the cumulative amount paid
therefrom and the unpaid obligations and unencumbered balance thereof.
(b) Authorize the payment of bills, claims, demands, and
payroll, upon the proper certification of the appropriate department
head of the amount due and owing.
(c) Invest all surplus funds.
(d) Receive and collect all miscellaneous revenues due
the Borough.
(e) Prepare and mail all utility bills and receive and
account for the same and also receive and account for all other utility
revenues.
D. Purchasing procedures.
(1) The Borough Manager shall be responsible for the development
and administration of all purchasing and payment procedures, which
shall comply with all federal and state laws and shall have the concurrence
of the Borough Auditor. Payment and purchasing procedures shall be
submitted by the Borough Manager in writing to the Borough Council
for its approval by resolution.
(2) The Manager and the appropriate department shall certify
and account for all purchases made by the Borough. No payment shall
be made until a proper voucher and bill have been received and verified
by the vendor, the department head, and the Borough Manager. Final
release of funds shall be contingent upon the approval of vouchers
by a majority vote of the Council.
E. Deputy Manager. The Manager or, in his absence, the
Borough Council may appoint a Deputy Manager to serve for an indefinite
term subject to removal by the Manager or Council. The Deputy Manager
shall generally assist the Manager in the performance of duties of
the Office of the Manager, as directed by him. During the temporary
disability or absence of the Manager, or temporary vacancy in the
position of Manager, the Deputy Manager shall perform all the duties
and functions and have all the responsibilities of the position of
Manager as defined in this section, or as may be further delimited
by the Borough Council.
The Tax Collector shall be appointed by the
Manager and, prior to his appointment, shall be qualified by training
and experience in the administration of municipal tax collections
and tax accounting procedures. The Tax Collector shall:
A. Extend each year's tax on the tax duplicate, prepare
and mail tax bills, and maintain tax accounting records in such manner
as may be prescribed by law.
B. Receive and collect all current and delinquent assessments
and real and personal property taxes, charge and receive penalties
and interest pursuant to law, and account for all collections in such
form and manner as may be prescribed by law.
C. Make or cause to be made, and certify, searches for
tax and other liens on any real property in the Borough as may be
authorized by law and charge and collect for the use of the Borough
the fee required by law for any such search.
The Council shall appoint a Borough Clerk who
may be the Manager. The Clerk shall:
A. Serve as Clerk of the Council, keeping its minutes
and records of its proceedings, and maintaining and compiling its
ordinances and resolutions as required by the Charter.
B. Serve as Registrar of Vital Statistics, including
births, deaths, and marriages in accordance with state law, and issue
marriage licenses pursuant to law.
C. Have custody of the Borough Seal and affix it to such
books, papers and documents as may be authorized pursuant to law.
D. Have and take custody of all official books, papers
and documents of the Borough for which no other repository is provided
by Charter or ordinance and preserve and keep them safely.
E. Perform such functions as are vested in the Borough
Clerk by the licensing provisions of state law or ordinance.
F. Perform all of the functions required of municipal
clerks by the General Election Law, pursuant to Title 19 of the Revised
Statutes.
A. Position established. The position of Chief Financial
Officer is hereby established.
B. Appointment; term. The Chief Financial Officer shall
be appointed by the Borough Council for a four-year term.
[Amended 10-12-1999 by Ord. No. 22-99]
C. Qualifications; responsibilities. Any individual appointed
as Chief Financial Officer shall be qualified as a certified municipal
financial officer pursuant to the terms and conditions of N.J.S.A.
40A:9-140.1 et seq. and must carry out the responsibilities set forth
in N.J.S.A. 52:27BB-1 et seq. and N.J.S.A. 40A:9-140.1 et seq., as
amended.
[Added by Ord. No. 1-89]
A. Appointment. The Tax Assessor shall be appointed by
the Council and, prior to his appointment, shall be qualified by training
and property appraisal experience.
B. Duties. With the assistance of such other Assistant
Assessors and other personnel as may be authorized by ordinance, the
Tax Assessor shall:
(1) Value all real and personal property in the Borough
for the purpose of assessments and taxation in accordance with general
law, the Charter, and ordinances of the Borough and exercise all the
powers of a municipal assessor pursuant to the law.
(2) Prepare the tax list and duplicate as required by
law and maintain adequate assessment records of each and every parcel
of real property assessed.
(3) Have custody of and maintain an up-to-date Borough
tax map and provide for the recording thereon of all changes in ownership
or character of the property assessed.
(4) Be responsible for all appraisals of property for
any Borough purpose, provided that he may, with the approval of the
Council and within the limits of available appropriations, retain
outside experts or appraisers whenever the public interest requires.
A. Appointment. A Borough Engineer shall be appointed
by the Council by majority vote of the Council for a term of one year
from January 1 in the year of his appointment and until his successor
is appointed and shall qualify. He shall receive such compensation
as may be agreed upon and determined by the Council.
B. Qualifications. The Engineer shall be a licensed professional
engineer in the State of New Jersey but need not be a resident of
the Borough. In lieu of appointing an individual engineer, the Council
may appoint an engineering firm, one or more members of which shall
be a licensed professional engineer in the state.
C. Powers and duties. The Engineer shall be the engineering
advisor to the Council, Manager, departments and other municipal agencies,
except as may otherwise be provided by law.
D. Records and papers. All papers, drawings, documents,
memoranda, reports and other materials relating to engineering matters
for the Borough shall be and remain the property of the Borough. Upon
termination of service with the Borough, the Engineer shall forthwith
surrender to his successor all such property, together with a written
consent to substitution of his successor in all legal actions and
proceedings then pending to which the Borough shall be a party.
A. Appointment. There shall be a Borough Attorney who
shall be appointed by the Council for a one-year term, as of January
1. Prior to his appointment, he shall have been admitted to the practice
of law in the State of New Jersey.
B. Powers and duties. The Attorney shall be legal advisor
to the Council, Manager, departments, and other municipal agencies,
except as may otherwise be provided by law. He shall prosecute and
defend actions and proceedings by and against the Borough, departments,
and agencies thereof. In furtherance of these powers, and without
limitation thereof, he shall:
(1) Prepare or approve all ordinances and substantive
resolutions prior to introduction and passage.
(2) Review and approve all contracts, deeds, documents,
and instruments prior to the execution thereof by or on behalf of
the Borough.
(3) Conduct appeals from orders, decisions, or judgments
affecting any interest of the Borough, as directed by the Council.
(4) Subject to the approval of the Council, have power
to enter into any agreement, compromise, or settlement of any litigation
in which the Borough is involved.
(5) Advise or render opinions, in writing, upon any question
of law submitted to him by the Manager, the Council, or the head of
any department or agency with respect to official powers and duties.
(6) Maintain a record of all actions, suits, proceedings,
and matters which relate to the Borough's interest and report thereon
from time to time as the Manager or Council may require.
(7) Have such other and different functions, powers, and
duties as may be provided by Charter or ordinance.
C. Special counsel. Whenever the Attorney shall deem
the interests of the Borough so require, he may, with the approval
of the Manager and Council and within the limits of available appropriations,
appoint special counsel to assist him in the preparation, trial, or
argument of such legal matters or proceedings as he may determine.
If the Attorney should be disqualified with respect to any matter,
the Manager, with the approval of the Council, shall appoint special
counsel to represent the Borough for and with respect to such matter.
D. Papers and records. All papers, documents, memoranda,
reports, and other materials prepared on behalf of the Borough by
the Borough Attorney shall be and remain the property of the Borough.
Upon the termination of his service with the Borough, the Attorney
shall forthwith surrender to his successor all such property, together
with a written consent to the substitution of his successor in all
legal actions and proceedings then pending to which the Borough is
a party.
A. Appointment.
(1) An independent auditor shall be appointed by the Council
pursuant to general law by a majority vote of the Council membership
for a term of one year from January 1 in the year of his appointment
and until his successor is appointed and qualified. He shall receive
such compensation as may be agreed upon and determined by the Council.
(2) He shall be a registered municipal accountant of the
State of New Jersey, pursuant to N.J.S.A. 40:4-6, but need not be a resident of the Borough. In lieu of
appointing an individual auditor, the Council may appoint a firm of
auditors, one or more members of which firm shall be a registered
municipal accountant of the State of New Jersey.
B. Powers and duties. The auditor shall make the annual
audit with as many as but not more than three routine spot audits
in a given year and shall have the power to perform the duties prescribed
by general law, ordinance, or rules and regulations of the Division
of Local Government Services in the Department of Community Affairs
of the State of New Jersey. He shall also perform such duties and
render such services as may be prescribed by resolution of the Council.
[Amended by Ord. No. 15-82]
There shall be a Zoning Officer, who shall be appointed by the Borough Manager and confirmed by the Borough Council, and who may also be either the Borough Manager or the Construction Official. The term of the Zoning Officer shall be one year, commencing January 1. The powers and duties of the Zoning Officer shall be as set forth in Chapters
40,
208 and
245 of this Code.
[Added by Ord. No. 2-92]
A. Establishment; appointment. There shall be a Borough
Historian, who shall be appointed by the Council for a one-year term
as of January 1.
B. Powers and duties. The Borough Historian shall have
the following powers and duties:
(1) To carry out an historical program, including but
not restricted to collecting, preserving and making available materials
relating to the history of the Borough. The Historian shall store
such collections in appropriate private and public institutions with
proper conditions of preservation and access and shall notify the
State Archivist, New Jersey Historical Commission, county local historian
and Borough Council of any materials which should be acquired for
preservation. Upon leaving the position, the Historian shall turn
over all materials, records and reports into the possession of the
successor, if then appointed, or to the Borough Council until a successor
shall be appointed.
(2) To make an annual report to the Manager and Borough
Council stating all the work performed and accomplished during that
year. The Historian shall transmit a copy of such report to the New
Jersey Historical Commission.
(3) To research, write and cause to have published a Borough
history and recommend appropriate historical materials for publication.
(4) To advise the Borough Council concerning the acquisition,
administration, use and disposition of any landmark or historic site,
including such places in the Borough included on the New Jersey Register
of Historic Places. Such advice may be furnished to the Historic Sites
Section, Department of Environmental Protection.
(5) To assist in projects of commemoration, including
the erection of monuments, historic markers and guide signs.
(6) To serve as a clearinghouse for information, correspondence
and cooperative and in-grant programs.
C. Expenses; staff. This Historian shall serve without
compensation, but the Borough Council may annually appropriate such
funds as may be necessary to reimburse the Historian for expenses
incurred in the performance of the duties and responsibilities set
forth above, within the limits of such funds as may be made available
by the Borough Council for such purposes in the annual budget of the
Borough.
[Added 2-12-2001 by Ord. No. 02-01]
A. Establishment. The position of Deputy Borough Treasurer
is hereby established.
B. Compensation. The Deputy Borough Treasurer shall be
compensated as established in the salary ordinance of the municipality.
C. Appointment; term. The Deputy Borough Treasurer shall
be an at will employee of the Borough to be appointed by the Borough
Manager.
D. Powers and duties. The Deputy Borough Treasurer shall
perform duties and carry out such responsibilities assigned to the
position by the Treasurer of the Borough. In addition to the powers
and duties assigned to the Deputy Borough Treasurer by the Borough
Treasurer, the Deputy Borough Treasurer shall, in the absence of the
Borough Treasurer, perform on a temporary basis the duties of the
Borough Treasurer, as determined by the Borough Manger.
E. Residency. Pursuant to N.J.S.A. 40A:9-1.2, a nonresident
of the Borough may be appointed to the position of Deputy Borough
Treasurer.
[Added 9-9-2002 by Ord. No. 19-02]
A. Establishment. Pursuant to N.J.S.A. 40A:9-135, there
is hereby created the position of Deputy Municipal Clerk, which shall
be known as "Deputy Borough Clerk."
B. Appointment and term. The Deputy Borough Clerk shall
be appointed by the Borough Council pursuant to N.J.S.A. 40A:9-135
and shall be an at will employee of the Borough.
C. Powers and duties. The Deputy Borough Clerk shall
perform the duties and carry out the responsibilities assigned to
the position by the Borough Clerk and shall, in the absence of the
Borough Clerk, perform on a temporary basis the duties of the Borough
Clerk.
[Added 4-11-2011 by Ord. No. 01-11]
A. There is
hereby established and created the position of Qualified Purchasing
Agent in and for the Borough of Mountain Lakes.
B. Requirements.
The person holding this position must fulfill the qualifications set
forth in N.J.S.A. 40A:11-9b, meet the criteria set forth in N.J.A.C.
5:34-5.1 (a) and hold the certification of a Qualified Purchasing
Agent.
C. Function
and duties. The Qualified Purchasing Agent shall have the following
functions, duties and responsibilities:
(1) Coordinate
the purchase, in accordance with the provisions of the applicable
statutes and sound purchasing practices, of goods and services for
the various departments, agencies, boards and other offices of the
Borough.
(2) Exercise
the authority to join with other units of government, including state,
County Board of Education and other contracting units in cooperative
purchasing plans as permitted by statute and when authorized by resolution
of the Borough Council.
(3) Recommend
to the Borough Council rules and regulations governing the requisition
and purchase of all goods and services, consistent with the provisions
of this section and governing statutes and Administrative Code regulations.
[Added 6-25-2012 by Ord. No. 09-12]
A. Establishment. There is hereby created the position of Deputy Tax
Collector.
B. Appointment and term. The Deputy Tax Collector shall be appointed
by the Borough Council for an indeterminate term and shall be an at-will
employee of the Borough.
C. Powers and duties. The Deputy Tax Collector shall perform the duties
and carry out the responsibilities assigned to the position by the
Tax Collector and Borough Manager and shall, in the absence of the
Tax Collector, perform on a temporary basis the duties of the Tax
Collector.