[HISTORY: Adopted by the City Council of the City of Passaic 6-27-2006 by Ord. No. 1669-05. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 295.
A body corporate and politic is hereby created pursuant to and in conformity with N.J.S.A. 40:11A-4 et seq. to be known as the "Parking Authority of the City of Passaic."
[Amended 2-8-2011 by Ord. No. 1860-11]
The Parking Authority shall consist of seven persons as Commissioners of the Authority. Five Commissioners shall be appointed by the governing body. The terms of the first five Commissioners shall be staggered for one- , two- , three- , four- and five-year terms, respectively, from the date of their appointment. Thereafter, these Commissioners shall be appointed for five-year terms, except that all vacancies shall be filled for the unexpired term. The two additional Commissioners shall be appointed by the Mayor for terms of five years, except that all vacancies shall be filled for the unexpired term.
Any Parking Authority Commissioner who shall, during a calendar year, be absent for three consecutive regularly scheduled meetings of the Authority to which he or she has been appointed shall be subject to removal by the Mayor and/or City Council in accordance with the provisions of this section. The Secretary to the Parking Authority of the City of Passaic shall be required to report to the Mayor and Council three consecutive absences in the calendar year by any Commissioner of the Authority, and when requested to do by the Mayor and/or Council, the Commissioner of the Authority who missed three consecutive regularly scheduled meetings during the calendar year shall submit a written explanation for each of his or her absences. Any Commissioner may also be removed by the Mayor and/or Council for cause in accordance with the provisions of this section.
In the event that the Mayor and/or Council determines preliminarily that there have been three consecutive absences from regularly scheduled meetings by any appointed Commissioner, and that the absences are without "reasonable justification" as defined herein, or that good cause otherwise exists for the removal of such Commissioner, the Mayor and/or Council shall have the right to introduce a resolution for the consideration of the City Council to institute removal proceedings. No Commissioner shall be removed based on his or her absence at a regularly scheduled meeting where there was a reasonable justification for the absence. "Reasonable justification" for absence shall mean illness of the Commissioner or immediate family member of the Commissioner and/or exigent business or personal responsibilities which render it impracticable for the Commissioner to be in attendance. Where the Mayor and/or Council has instituted such removal proceedings, the proceedings shall be as follows:
A written notice of intention to remove shall be mailed to the Commissioner at his or her home address. The notice shall advise the Commissioner as to a right to a hearing before the City Council; as to the right to be represented by counsel; and as to the right to cross-examine witnesses and present witnesses on his or her behalf. The notice shall set forth a date for a proposed hearing and shall notify the Commissioner that if he or she wishes to contest the removal, a written notice of intention to contest must be submitted to the City Clerk at least 10 days prior to the scheduled hearing. The notice to the Commissioner shall list the dates of the regularly scheduled meetings from which the Commissioner is alleged to have been absent or shall otherwise set forth the factual basis for such removal.
The hearing shall be conducted by the City Council in Council chambers. The Commissioner shall have a right to participate in the proceedings, either personally or by counsel, and shall have a right to examine witnesses and present evidence. Upon conclusion of all the evidence, the City Council shall make findings of fact and conclusions as to whether the Commissioner shall be removed.
The Secretary for the Parking Authority of the City of Passaic shall forward the minutes of all Parking Authority meetings to the City Council once approved by the Parking Authority of the City of Passaic.
No Commissioner of this Authority shall be an employee or officer of the City, except that the City may appoint it's Traffic Engineer or Chief of Police to the Authority. Each Commissioner shall hold office until the successor has been appointed and qualified. The certificate of appointment or reappointment of any Commissioner shall be filed with the City Clerk.
A majority shall constitute the quorum of the Authority for the purpose of conducting its business, exercising its power and for all other purposes. Action may be taken by the Authority upon a vote of the majority of the Commissioners present, unless in any case the bylaws of the Authority shall require a larger majority. The Authority shall select the Chairperson and Vice Chairperson from among the Commissioners.
The Commissioners of the Parking Authority shall exercise all of the powers and authority granted and subject to all the provisions of Chapter 11A of Title 40 of the Revised Statutes of New Jersey and such other statutes now or hereafter enacted applicable to parking authorities. The Parking Authority shall not have the power to acquire property by eminent domain without the consent of the governing body of the City of Passaic.