The Administrator may, with the approval of
the Council, serve as head of one or more departments in addition
to the Department of Administration. The same person may serve as
director of two or more departments. A department director may also
be appointed to serve as a division head within his department; and
a division head may be appointed as department director.
A.
Requirements. Every officer or employee of the City
who, by virtue of his office or position or of any law, is entrusted
with the receipt, custody or expenditure of public moneys or funds
of the City and any other officer or employee who may be required
to do so by the Council shall, before entering upon the duties of
his office or position, execute and deliver a surety bond in such
amount as may be fixed by resolution of the Council, binding him to
the City in its corporate name and conditioned upon the true and faithful
performance of his duty. Each officer or employee required by this
section or otherwise to give bond shall execute such a bond with sufficient
surety and deliver the same to the Clerk, except that the Clerk shall
deliver his bond to the Comptroller before he enters upon the discharge
of his duties of his office or employment.
B.
Refusal or neglect to execute. If any officer or employee
shall refuse or neglect to execute and deliver his bond as herein
required within 30 days after due notification of election or appointment,
his office may be declared vacant by the Council.
C.
Required of securer; approval; blanket coverage. In
every case in which any person is required by the laws of the state
or by this section or any other ordinance to give bond for the faithful
performance of his duties, such bond shall be secured by a corporate
surety authorized to do business in this state, and the premium therefor
shall be paid by the City. Each such bond shall be approved by the
Corporation Counsel as to form and sufficiency, and nothing in this
section shall be construed to prevent the use of one or more blanket
bonds, when so approved.
[Amended 8-5-2002 by Ord. No. 1549-02]
A.
The City Clerk or Deputy City Clerk, in the absence
of the City Clerk, for the City of Passaic shall be designated the
custodian of the records in accordance with N.J.S.A. 47:1A-1.1.
B.
The Chief of Police or his designee shall be a Deputy
Custodian of the Records with regard to the Police Department records.
C.
The Director of Community Development or his designee
in the absence of the Director of Community Development shall be designated
a Deputy Custodian of the Records for all records in the Code Enforcement
Office, Zoning Office, Housing Department and Planning and Zoning
Boards.
D.
The Tax Assessor or in his absence his designee shall
be designated the Deputy Custodian of the Records for the Tax Assessor's
Department.
E.
The Tax Collector or in her absence her designee shall
be designated a Deputy Custodian of the Records for the Tax Collector's
Department.
F.
The City Engineer or his designee in his absence shall
be designated a Deputy Custodian of the Records for the Engineering
Department.
G.
All public requests for copies of documents must be
submitted on the form provided by either the Custodian of the Records
or Deputy Custodians of the Records as set forth in this section.
[Added 8-5-2002 by Ord. No. 1549-02;
amended 9-12-2006 by Ord. No. 1695-06; 11-23-2010 by Ord. No. 1852-10]
As set forth in N.J.S.A. 47:1A-5 et seq., the
duplication fees for all documents copied pursuant to requests are
as follows:
A.
For letter-sized
documents or smaller: $0.05 per page.
B.
For legal-sized
documents or larger: $0.07 per page.
D.
Mailing costs to ship copied records to requesters will be based
on their selected shipping means (United States Postal Service, FedEx,
or UPS) and shall be the direct costs for shipping.
[Added 12-8-2015 by Ord.
No. 2030-15]
[Added 12-20-2004 by Ord. No. 1645-04]
A.
Purpose. New Jersey has adopted the Open Public Records
Act, N.J.S.A. 47:1A-5, which has as its general purpose making government
records more available to the public than they have been in the past.
In certain instances, the production of voluminous records, archived
records or records in a format which is not the usual format maintained
by the municipality or other special circumstances is costly and time
consuming. The New Jersey Open Public Records Act permits the municipality
to require the payment of fees, special service charges and/or special
charges as a prerequisite to the production of records requiring extraordinary
time and effort, special equipment or special formatting.
B.
No research or interpretation may be compelled. Nothing
in this section shall require the custodian or deputy custodians of
documents or any other municipal official to examine, analyze, tabulate
or interpret documents which are subject to production under the New
Jersey Open Public Records Act.
C.
Special service charge/special charges authorized.
(1)
Charges authorized. The City Clerk or deputy custodian
producing governmental records under the New Jersey Open Public Records
Act shall be entitled to collect a special service charge on behalf
of the City and/or special charges as set forth in this section.
(2)
Requests to be in writing. Any requests for documents
shall be made to the City Clerk or deputy custodian of records in
writing and preferably on a form established by the City Clerk for
such purposes.
(3)
Advance notice of fees, special service charges and
special charges; deposit. Any requester of government records which
may be eligible for the imposition of a fee, special charge or special
service charge under this section shall receive advance notice of
the amount of fees and charges before any work is started. The City
Clerk shall require prepayment of such charges before causing the
work to begin.
D.
Fees, special service charges and special charges;
when charged; amounts authorized.
(1)
Duplication or other work beyond capability of municipal
in-house work force. Whenever the in-house municipal work force or
available municipal equipment is insufficient to duplicate or produce
government records in a timely fashion, the City Clerk may cause such
duplication or production to be accomplished by outside vendors such
as copy centers or producers of digital images. If the costs of such
duplication or production charged by such vendors exceeds the routine
charges set forth in N.J.S.A. 47:1A-5, the actual direct cost of same
without any additional surcharge for labor costs shall be paid.
(2)
Special service charges authorized. Whenever government
records cannot be reproduced by regular copying equipment or fulfillment
of the request would involve extraordinary time and effort (for example,
where a large number of records must be recovered from storage or
substantive staff time is required to review, redact, sort and/or
assemble records), charges may be imposed as follows:
(3)
Digital records. If a request for governmental records
involves production or conversion of digital or computerized records
or film which is in a medium not routinely used by the agency (i.e.,
electronic or film); not routinely developed or maintained by an agency;
or requiring a substantial amount of manipulation or programming of
information technology, the requester shall pay fees and special charges
incurred by the City if the conversion is done directly by the City
as follows:
Upon the termination of the term of office or
the employment of any officer or employee, he shall forthwith deliver
to his successor or, if there be no successor, to the Clerk or other
person who may be designated by the Mayor to receive the same all
moneys, papers, books, memorandums, accounts and data of any nature
whatever pertaining to his office.
The public, administrative and executive business
hours shall be open for the transaction of public business daily,
except Saturdays and Sundays and legal holidays, between such hours
as the Council may prescribe, except as otherwise provided by law.
All departments in times of emergency shall provide municipal services
for 24 hours a day. The Administrator or a department head may require
any officer or employee to be in attendance for work on any day or
days whenever he determines that a public exigency or emergency so
requires.
In accordance with the provisions of N.J.S.A.
40A:9-1[1] and N.J.S.A. 40A:9-11, except as otherwise provided by law, department directors may reside outside the City only with the consent of the Council. As provided by the cited statutes, any person holding or attempting to hold an office in violation thereof may be ousted in a proceeding in lieu of prerogative writ. Members of boards described in Article V shall be residents of the City.
[1]
Editor's Note: N.J.S.A. 40A:9-1 was repealed
by Chapter 63 of the Laws of 1978, effective 6-30-1978. See now N.J.S.A.
40A:9-1.3 and 9-1.4.
No rule or regulation made by any department,
officer, agency or authority of the City, except such as relates to
the organization or internal management of the City government or
a part thereof, shall take effect until it is filed either with the
City Clerk or in such other manner as may be provided by ordinance.
The Council shall provide the prompt publication of such rules and
regulations.
[Added 4-1-1976 by Ord. No. 331-76]
A.
Pursuant to N.J.S.A. 40:48-1, the following system
of management requirements and control of municipal motor vehicles
is hereby established.
(1)
All vehicles shall be marked "City of Passaic" and
numbered in plain view.
(2)
All vehicles shall be returned to the City Garage
at the end of the working day and picked up the next morning at the
beginning of the working day, and none shall be taken home overnight
without written permission of the Business Administrator.
(3)
Each department head shall keep a daily record of
usage, maintenance and damage of vehicles used by officers or employees
in his department.
B.
Use for City business only.
[Added 2-28-1990 by Ord. No. 1094-90]
(1)
No officer, employee or agent of the City of Passaic
shall use or operate a vehicle owned, operated or leased by the City
of Passaic for other than official business of the City of Passaic,
nor shall any officer, employee or agent of the City of Passaic authorize
or direct another City employee or any other person to use a City-owned
vehicle for other than official business of the City of Passaic.
