A director may serve as a division head and
a division head may serve as a bureau head without additional compensation.
Department heads shall devote full time as required for the proper
and efficient discharge of the duties of their respective offices.
Whenever a vacancy exists in the office of the
head of any division by resignation, removal, disability or otherwise,
the director of the department may fill such vacancy temporarily by
appointing an acting head of the division, who shall have and perform
all the functions, powers and duties of the division until the office
shall be filled permanently.
Upon the termination of the term of office or
the employment of any officer or employee, (s)he shall forthwith deliver
to his/her successor or, if there be no successor, to the 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 office. In addition to any other penalty
provided by law, any person who shall violate the requirements of
this section may be adjudged a disorderly person.
Pursuant to the Charter (N.J.S.A. 40:69A-37
and 40:69A-43):
A. The Mayor, in his/her discretion, may remove any department
head after notice and an opportunity to be heard. Prior to removing
a department head, the Mayor shall first file written notice of his/her
intention with the Council, and removal shall become effective on
the 20th day after the filing of the notice, unless the Council shall
prior thereto have adopted a resolution by a two-thirds vote of the
whole number of the Council disapproving the removal.
B. The Council may for cause remove any municipal officer
other than the Mayor or a member of Council.
C. The Council will consider notices under Subsection
A above, and motions under Subsection
B above, only after notice and an opportunity to be heard to the affected officer. The Clerk shall forthwith cause a copy of the notice or motion, as the case may be, together with a statement of the charges involved and notice of the time and place fixed for hearing, to be served personally or by registered mail upon the officer affected. The hearing shall be held not less than 10 days nor more than 15 days after the date of such service and shall be open to the public.
D. Pursuant to the Charter, Council may veto a removal under Subsection
A above by a two-thirds vote of Council and may adopt or defeat a motion under Subsection
B above by a majority vote of the Council.
Pursuant to the Charter (N.J.S.A. 40:69A-37),
the Council, in its discretion, may require any municipal officer
to prepare and submit sworn statements regarding his/her official
duties and the performance thereof, and the Council may otherwise
investigate the conduct of any department, office or agency of the
municipal government.
No rule or regulation made by any department,
except upon written approval of the Mayor, shall take effect until
at least 10 days after it is filed with the City Clerk as required
by the Charter. This limitation of time shall not apply, however,
to any order, rule or regulation which related solely to the organization
or internal management of the City government or a part thereof. The
City Clerk shall maintain a docket of all orders, rules and regulations
filed in his/her office, which docket shall show the name of the issuing
department, a brief description of the subject matter and the date
of filing. At the close of each year the Clerk, with the advice and
assistance of the City Attorney, shall compile, codify and bind all
of the orders, rules and regulations which then remain in force and
effect. The City Clerk may arrange for the printing and sale of such
compilation within the limits of available appropriations.
The public, administrative and executive business
office of the City shall be open for the transaction of public business
daily except Saturdays, Sundays and legal holidays, between such hours
as the Mayor may prescribe with the approval of Council. In times
of emergency all departments shall provide City services for 24 hours
a day. The Business Administrator or a department head may require
any officer or employee to be in attendance for work on any day or
days whenever (s)he determines that a public exigency or emergency
so requires.
No permanent employee shall be terminated for
reasons of economy after 20 years of continuous service from the date
of employment, except for cause arising from the performance of his/her
duties. It is understood that this provision cannot be enforced if
the Mayor and City Council determine that the City faces extreme financial/budgetary
hardship. In such cases, the Mayor shall have the right to report
to Council that this provision cannot be enforced and by a vote of
Council only shall another alternative be instituted.