A. 
Under the supervision of the Mayor as chief executive, there shall be a Department of Administration, the Director of which shall be appointed by the Mayor with the consent of the Council. Within the Department there shall be the following divisions:
(1) 
Division of Municipal Operations.
(2) 
Division of Finance.
(3) 
Office of the Township Clerk.
(4) 
Division of Law.
B. 
Departmental powers and duties generally. The Department shall assist the Mayor in the direction and supervision of the departments established by this chapter; coordinate the operation and administration of the various departments, divisions and agencies of the Township government; conduct the business operations of the Township and perform such other duties as the Mayor may designate. With respect to the statutory agencies herein designated, the Department shall have the authority of liaison between such agencies and the departments herein established.
Within the Department there shall be a Division of Municipal Operations, the head of which shall be the Township Clerk. The Division shall include such other personnel as shall be authorized by ordinance.
A. 
Powers and duties. Under the supervision of the Clerk, the Division shall:
(1) 
Maintain operating reports of the various departments, divisions, offices and agencies of the municipal government.
(2) 
Collect, report upon and turn over to the Treasurer all fees for which no collection procedures are established by general law or by this chapter.
(3) 
Maintain records of ordinances and resolutions of the Council.
(4) 
Prescribe and enforce rules and regulations for the efficient management of the Township government, subject to the Charter and to this chapter.
(5) 
Develop and enforce sound personnel and purchasing practice and procedures for all of the departments, divisions, offices and agencies of the Township government.
(6) 
Assist the Mayor in coordinating the operation and administration of the departments herein established.
(7) 
Have custody of all Township property, real or personal, not assigned in other departments, and assign such property within the departments.
(8) 
Perform such other duties as may be prescribed.
(9) 
Receive applications for and issue street opening permits and driveway permits under such ordinances and regulations as may be required for the public protection, not inconsistent with the Charter or ordinance.
B. 
The Division of Finance shall prepare the budget document.
(1) 
On or before November 1 of each year, each department head shall submit to the Department of Administration requests for appropriation for the ensuing budget year, including a statement of departmental programs, expenditures and employees for the last completed calendar year and for the current calendar year as estimated, together with the departmental request for the ensuing calendar year. Significant deviation of the requested amount from the amount currently budgeted shall be accompanied by explanatory information. In a separate capital section, the departmental request shall also set forth the estimated capital needs and appropriation requests for capital purposes of the department for the then current calendar year and for the two ensuing calendar years.
(2) 
The Division of Municipal Operations shall compile and evaluate the requests for appropriations received from the department heads for consideration by the Mayor. During the month of November, each department head shall appear before the Mayor and the Finance Committee of Council for hearings on the various requests.
(3) 
On or before December 15 of each year, the Treasurer shall prepare estimates of property and nonproperty tax revenues which may be anticipated for the support of the budget for the ensuing calendar year.
(4) 
On or before the 15th day of January, the Mayor shall submit the proposed budget to the Council. After consideration by the Council, there shall be appended to the budget a detailed analysis of all items of expenditure and revenue. Said analysis shall include for each line item a comparison of the amounts budgeted for the current year and the amounts budgeted and expended in the previous year.
(5) 
There shall be appended to the budget document a capital section which shall include a budget of capital projects proposed or continued for the current budget year, together with a forecast of capital needs for the ensuing year.
(6) 
Maintain financial records of Township operations.
(7) 
Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services, including an inventory and depreciation schedule of all property owned by the Township.
C. 
Adoption of budget. The budget shall be considered, approved and adopted after public hearing and certification by the Director of Local Government in accordance with the Local Budget Law, N.J.S.A. 40A:4-1 et seq.
D. 
Operation of budget.
(1) 
The Mayor and Department of Administration shall supervise the administration of each annual budget. Quarterly or such other periodic allotments of appropriations as may be deemed desirable shall be established. Each department shall administer its expenditures within the limits of such allotments.
(2) 
No deficits may be incurred within a department. However, upon consultation with the Finance Committee and approval of Council priorities and allotments may be shifted within the confines of an annual budget.
E. 
Purchasing. All purchases of any supplies, materials or equipment or contractual services for a department shall be made by the Department of Administration pursuant to a written request from the head of the department whose appropriation will be charged and the certification of the Treasurer that a sufficient unencumbered balance of appropriation is available to pay therefor. All such purchase contracts shall conform to applicable requirements of state statutes for competitive bidding. Except as the Township Council may authorize in case of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by or pursuant to this chapter have been followed.
(1) 
Award of contracts. Where contracts are let to public bidding, the Council may, upon recommendation from the head of the department whose appropriation will be charged, let the contract in the manner prescribed by law. Any such contract shall be executed in the manner provided by this chapter and by general law.
(2) 
Purchase by quotation. Where purchases are made without competitive bidding, the Township Clerk shall obtain, wherever possible, at least three price quotations for the items purchased and shall record and maintain such quotations in his office for at least two years from the time they are finished. Wherever circumstances permit, the purchase shall be made from the lowest of such quotations received from a responsible bidder.
(3) 
Emergency purchases. The Township Clerk shall establish a procedure for the purchase of any item or items required for the immediate protection of the public health, safety or welfare, which will permit such emergency purchases to be made for specific purposes in a manner other than that prescribed by this article.
(4) 
Acceptance of material. Upon delivery of materials purchased, the receiving department shall immediately inspect said materials as to quantity, quality and condition in accordance with the purchase order and shall immediately notify the Department of Administration.
(5) 
Purchasing of capital items. All requisitions for capital items shall include references to the appropriate line item in the budget.
F. 
Personnel. The Division shall supervise the hiring policy of the Township as herein established and shall receive and distribute applications for employment, schedule interviews and maintain personnel files and records for all employees of the Township.
[Amended 3-19-2013 by Ord. No. 13-03]
Within the Department there shall be a Division of Finance, the head of which shall be the Chief Financial Officer, who shall be qualified by training and experience.
A. 
Composition. Upon the supervision of the Chief Financial Officer, the Division of Finance shall include the Accounts and Control Section, the Revenue Section and the Assessment Section. The Division shall also include the Finance Committee of Council and the Township Insurance Advisor. The Chief Financial Officer shall be appointed by the Mayor with the advice and consent of Council, and the Chief Financial Officer may serve as Tax Collector. The Division shall have such other employees as shall be established by ordinance.
B. 
Powers and duties.
(1) 
Under the supervision of the Chief Financial Officer, the Division shall:
(a) 
Maintain and operate the Township's central bookkeeping and accounting records according to sound accounting principles and in accordance with the requirements of the Director of the State Division of Local Government.
(b) 
Develop, maintain and enforce uniform system of accounts, including forms, standards and procedures for all departments of the municipal government.
(c) 
Have custody of all public moneys of the Township and provide proper bank account to protect and separate funds.
(d) 
Control all receipts and disbursements of the municipal government and of each of its departments and preaudit all bills, claims and demands against the Township, including payrolls.
(e) 
Review funds disbursements so that no municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with the law. All disbursements shall be by bank check or by draft signed by the Mayor and countersigned by the Chief Financial Officer.
(f) 
Make monthly reports to Council of all receipts, expenditures, commitments and unencumbered appropriation balances.
(2) 
Issuance of checks; monthly summary.
(a) 
Prior to the issuance of checks by the Chief Financial Officer, vouchers shall be certified by the vendor, certified by the department head of the department that will be charged for the goods received or services rendered, and certified by the Chief Financial Officer.
(b) 
The voucher/bill list shall be approved by the majority of the Township Council at a regular meeting of the Township Council. Vouchers and supporting data shall be physically available for review by any Council member prior to approval of the list.
(c) 
The Chief Financial Officer shall prepare a monthly statement of expenses that shall include reference to the appropriate budgetary line items for distribution to the Mayor and the Township Council.
(d) 
The Chief Financial Officer shall be authorized to pay any bill that would become delinquent prior to the next regularly scheduled Council meeting, including, but not limited to, utility bills, insurance premiums, telecommunications bills, and other similar bills incurred in the routine operation of the Township, provided that the Mayor or applicable department head endorses each purchase order to be so paid, and a bill list for all purchase orders paid outside of a regular meeting shall be submitted to and ratified by the Mayor and Council at the next scheduled regular meeting. The Council shall have the authority to establish by resolution a specific list of bills eligible for payment, pursuant to this subsection provision.
[Added 10-18-2016 by Ord. No. 16-14]
(3) 
The Chief Financial Officer, in accordance with the law, is designated as financial officer to issue and award bonds in accordance with the terms of advertised public sale. He shall report at the next meeting the principal amount, interest rate, maturities, price and underwriter. He shall supervise receipt, delivery and transfer of bonds, subject to Local Bond Law (N.J.S.A. 40A:2-1).
(4) 
The Chief Financial Officer shall receive all moneys paid to any department of the Township government in the performance of its duties and shall deposit such moneys in an authorized depository of the Township within 48 hours of receiving such moneys or on the first banking day thereafter.
(5) 
The Chief Financial Officer shall establish uniform standards for requisitions.
(6) 
The Chief Financial Officer shall arrange for the conduct of the annual audit by the Township Auditor, who shall be appointed annually by the Mayor with the advice and consent of Council, and shall cooperate with the Auditor in the performance of his duties in accordance with state law for municipal audits.
(7) 
The Chief Financial Officer shall have custody of all investments and invested funds of the municipality or in its possession in a fiduciary capacity, except as otherwise provided by law, and keep such funds and all municipal moneys not required for current operation safely invested or deposited in interest bearing accounts as may be approved by the Council in accordance with law.
(8) 
The Chief Financial Officer shall report to Council at the final regular meeting of each year on amounts committed for which invoices have not been received and on the purpose for which such appropriation was made.
C. 
Accounts and Control Section. Within the Division there shall be an Accounts and Control Section, which shall assist the Chief Financial Officer in maintaining the financial records of the Township and shall perform such other duties as may be assigned.
D. 
Revenue Section. Within the Division of Finance there shall be a Revenue Section, the head of which shall be the Municipal Tax Collector. The Tax Collector shall:
(1) 
Perform the functions of a collector of taxes under general law, including without limitation thereto the preparation and mailing of tax bills, enforcement of tax collections by tax sales and otherwise and the maintenance of tax accounting records in such a manner as may be prescribed pursuant to the Charter and this chapter.
(2) 
Receive and collect all current and delinquent real property taxes and charge and receive penalties and interest pursuant to law.
(3) 
Make or cause to be made certified searches for tax and other liens on real property as may be authorized by law, and charge and collect for the use of the municipality the fee required pursuant to law for any such search.
(4) 
Maintain suitable books or other records and enter in said books the sums received each day, together with the account to which each receipt is credited.
(5) 
Report monthly to the Council on the total amount collected and on the ratio of tax revenues collected to anticipated revenues.
(6) 
Within 60 days after the end of the calendar year, report in writing to Council a true list of delinquent taxpayers for the preceding year or for a period required by the Council.
(7) 
Deposit in the authorized depository of the municipality all moneys received within 48 hours of receipt or upon the first banking day thereafter.
E. 
Assessment Section.
(1) 
Within the Division of Finance there shall be an Assessment Section, the head of which shall be the Tax Assessor appointed by the Mayor with the advice and consent of Council.
(2) 
The Tax Assessor shall be qualified by both training and experience to perform the duties of a municipal tax assessor in accordance with state law.
(3) 
The Tax Assessor shall:
(a) 
Have, perform and discharge all of the functions, powers and duties prescribed by law for a municipal assessor.
(b) 
Maintain adequate and current assessment records of each separate parcel of real property assessed or exempted.
(c) 
Establish procedures for the assessment of real property within the Township.
(d) 
When authorized by the Council, conduct assessment for other local governments.
(e) 
Maintain a current tax map of the Township as a public record.
(f) 
Maintain a current sales map of the Township showing all usable sales and deed dates.
F. 
Finance Committee.
(1) 
Within the Department there shall be a Finance Committee appointed by the Mayor with the advice and consent of Council.
(2) 
The Finance Committee shall consist of two members who shall be Councilmen. The Mayor, with the advice and consent of Council, may also appoint a citizen of the Township who is qualified by training or experience in financial matters to serve as adviser to the Committee.
(3) 
The Finance Committee shall choose its Chairman annually from among its members.
(4) 
The Committee shall advise the Chief Financial Officer and provide liaison between the Division of Finance and the Council.
(5) 
The Committee shall supervise the investment of Township funds, in accordance with the laws governing the investment of such moneys, and shall make quarterly recommendations to the Chief Financial Officer as to amounts to be invested and the securities or accounts in which moneys are to be invested.[1]
[1]
Editor’s Note: Former Subsection G, Disbursements, which immediately followed, was repealed 10-18-2016 by Ord. No. 16-14.
A. 
Within the Department there shall be the office of the Township Clerk, who shall be appointed by the Mayor with the advice and consent of Council.
(1) 
Composition. The office of the Township Clerk shall consist of the Township Clerk, who shall be appointed in the same manner and for the same term as herein prescribed for department heads, and such other personnel as may be authorized by ordinance.
(2) 
Duties and powers.
(a) 
The Clerk shall be the Clerk of the Council, perform such functions as may be required by law of Township clerks generally and perform such other duties as may be prescribed for the Clerk of the Council by Article II of this chapter.
(b) 
The Clerk shall:
[1] 
Record all ordinances and resolutions adopted by the Council and, at the close of each year, with the advice and assistance of the Municipal Attorney, bind, compile or codify all the ordinances and resolutions or true copies thereof of the municipality which then remain in force and effect.
[2] 
Properly index the record books, compilation or codification or ordinances and resolutions.
[3] 
Perform those duties prescribed for Township clerks by the Charter with respect to petitions or recall, initiative and referendum.
[4] 
Provide secretarial and clerical services for all officers and employees of the municipal government, except for the statutory agencies herein defined.
[5] 
Prepare a copy of all ordinances and proposed ordinances which will require publication under the Charter or general law and cause the same, properly attested, to be published in any newspaper legally qualified for the publication of official advertisements and file in his office the requisite proofs of such publication.
[6] 
Issue all licenses and permits and collect all fees for which no other provision has been made by this chapter.
[7] 
Have custody of the Township seal and affix it to such books, papers and documents as may be authorized pursuant to law.
[8] 
Have and take custody of all official books, papers and documents of the Township for which no other repository is provided by the Charter or ordinance and preserve and keep them safely.
[9] 
Prepare an annual directory of Township officials and employees.
[10] 
Be responsible for the purchase, maintenance, replacement and safekeeping of all office furniture, equipment and supplies of the Township for which no other provisions are herein made.
[11] 
Maintain use records of the equipment and facilities under his custody, an inventory of supplies and a replacement schedule of equipment and facilities.
[12] 
Perform the duties of the Registrar of Vital Statistics, including the maintenance of records of births, deaths and marriages, in accordance with the state law, and receive applications for and issue marriage licenses pursuant to law.
[13] 
Perform the duties of the Voting Registrar as provided by law.
B. 
Deputy Clerk.
(1) 
There is hereby created and established, pursuant to N.J.S.A. 40A:9-135, by and for the Township of Pohatcong, the office of Deputy Municipal Clerk.
(2) 
The Deputy Municipal Clerk shall be appointed as provided by law.
(3) 
The Deputy Municipal Clerk shall have such powers, duties and functions as shall be declared by the Municipal Clerk or as shall be determined by the Mayor and Council.
(4) 
During the absence or disability of the Municipal Clerk, the Deputy Municipal Clerk shall have all of the powers and duties of the Municipal Clerk and shall perform the functions and duties of such office. The Mayor shall determine when an absence or disability exists.
Within the Department there shall be a Division of Law under the direction of the Township Attorney, who shall be appointed by the Mayor with the advice and consent of Council for a term of one year. Prior to his appointment he shall have been duly admitted to the practice of law in the State of New Jersey.
A. 
The Township Attorney shall represent the Township in all legal matters and shall advise and assist the Mayor, the Council and the Department as required in the administration of the Township government. He shall attend meetings of the Council, draft ordinances and resolutions and give opinions and rulings on questions of law which may arise at Council meetings. He shall prepare or approve all legal instruments relating to the business of the Township. He shall represent the Township in any litigation and conduct trials, appeals and other proceedings affecting the interest of the Township as he may in his discretion determine to be necessary or desirable or as directed by the Mayor or Council.
B. 
Additional duties. The Township Attorney shall also:
(1) 
Main records of all actions, suits, proceedings and matters which relate to the Township's interest and report thereon from time to time as the Mayor or Council may require.
(2) 
Have power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved, subject to the approval of the Council.
(3) 
Upon the termination of his service with the Township, forthwith surrender to his successor all Township property, papers and records, together with a written consent to substitution of his successor in any pending actions or proceedings.
C. 
Special counsel. Whenever he deems the interests of the Township to so require, the Township Attorney may recommend, with the approval of the Mayor and consent of Council, the appointment of special counsel to assist him in the preparation, trial or argument of any issue or in such other capacity as he may determine. If the Township Attorney should be disqualified with respect to any matter, the Mayor may appoint special counsel, with the approval of the Council, to represent the Township for and with respect to such matter.
D. 
Municipal Public Defender.
[Added 3-10-1998 by Ord. No. 98-4]
(1) 
Office created. There is hereby created the office of Municipal Public Defender of the Township. The Municipal Public Defender shall serve the Municipal Court of the Township of Pohatcong.
(2) 
Appointment. The Township Council shall appoint the Municipal Public Defender and shall fill any vacancy in the office which shall be for the unexpired term only.
(3) 
Qualifications. The Municipal Public Defender shall be an attorney at law of the State of New Jersey, but need not be a resident of the Township.
(4) 
Term of office. The term of office of the Municipal Public Defender shall be for an initial term commencing March 1998 and terminating on June 30, 1998. Following expiration of the initial term, the term of office shall be for one year commencing on July 1 and terminating on June 30. The Municipal Public Defender may continue to serve in office pending reappointment or appointment of a successor.
(5) 
Duties. It shall be the duty of the Municipal Public Defender to represent, except in case of temporary unavailability or conflict of interest, any defendant charged with a crime as specified in N.J.S.A. 2B:12-18, or, if in the opinion of the Municipal Court there is a likelihood that the defendant, if convicted of any other offense will be subject to imprisonment or other consequence of magnitude and other duties as set forth in the statue governing Municipal Public Defenders.[1]
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
(6) 
Salary. The Municipal Public Defender shall receive compensation on a per case basis in the amount as shall be fixed from time to time by ordinance of the Township Council.
(7) 
Municipal Public Defender application fee. Each individual applying for representation by the Municipal Public Defender shall be required to pay an application fee of $200, provided that such amount shall not exceed the amount necessary to pay the cost of the Municipal Public Defender services. The Municipal Court Judge may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the party seeking representation.
(8) 
Dedicated fund. The funds collected pursuant to Section D(7) above, shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of Pohatcong. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender including, when required, expert and lay investigation and testimony.
(9) 
Investigation of financial status of defendant. With respect to each defendant entitled to and seeking representation by the Municipal Public Defender, the Municipal Court shall make an investigation of the financial status of each defendant and/or the defendant's legal guardians or parents if the defendant is under the age of 18 years. The investigation shall include the authority to require a defendant and/or the defendant's legal guardians or parents if the defendant is under the age of 18 years, to execute and deliver written requests or authorizations required under applicable law to provide the Court with access to records of public or private sources, otherwise confidential, as may be of an aid in evaluating eligibility.
(10) 
Collection. The Attorney for the Township of Pohatcong shall be permitted, in the name of the Township of Pohatcong, to collect any money due to the Township of Pohatcong by way of reimbursement for services rendered by a Municipal Public Defender as provided by law.