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Township of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Amended 4-8-2015 by Ord. No. 1063-15]
Under the direction and supervision of the Administrator there shall be such departments as established by this chapter or by amendments or supplements thereto. Each department shall have, exercise and discharge such functions, duties and powers as may be provided by this Code or other applicable law. The following departments are hereby established:
A. 
Department of Administration. The head of the Department of Administration shall be the Township Administrator. Within the Department shall be the following divisions:
(1) 
Office of the Township Clerk.
(2) 
Health, Registrar and Vital Statistics.
(3) 
Land Use and Zoning.
(4) 
Administration.
B. 
Department of Finance. The head of the Department of Finance shall be the Chief Financial Officer (CFO). Within the Department shall be the following divisions:
(1) 
Finance Office.
(2) 
Tax Assessor.
(3) 
Tax Collector.
C. 
Department of Public Works. The head of the Department of Public Works shall be the Director of Public Works. Within the Department shall be the following divisions:
(1) 
Division of Roads.
D. 
Department of Public Safety. The head of the Department of Public Safety shall be the Director of Public Safety. Within the Department shall be the following divisions:
(1) 
Division of Fire.
(2) 
Division of Police.
(3) 
Division of Emergency Management.
E. 
Department of Recreation and Parks. The head of the Department of Recreation and Parks shall be the Recreation Director.
F. 
Department of Construction Code Enforcement. The head of the Department of Construction Code Enforcement shall be the Construction Code Official. With the Department shall be the following divisions:
(1) 
Code Enforcement.
(2) 
Buildings and Grounds.
A. 
The head of each department shall be a Director, appointed by the Administrator with the consent of the Council.
B. 
The Administrator shall recruit, select and appoint persons qualified by training and experience for their respective office as department heads.
C. 
Personnel subordinate to the department head shall be appointed by the Administrator with the approval of the governing body, except as otherwise provided by this chapter.
D. 
Personnel subordinate to the department head may be removed by the Administrator, unless otherwise provided by the Charter, general law, this chapter or other ordinance.
E. 
No new department, division, office, officer or employee position shall be created except by action of the Council, and no existing department, division, office, officer or employee position shall be abolished except by action of the Council; the creation and/or the abolition of any position by Council shall be specifically noted as appropriate in the annual budget; and any ordinance establishing a new department, division, office, officer or employee position shall include a statement of the powers, duties and responsibilities of the function therein created, and this chapter shall be appropriately amended.
F. 
In the event of a vacancy in the office of Administrator, the Mayor and Council shall exercise all duties and responsibilities set forth herein.
Whenever a vacancy exists in any board or commission required by the Charter or by this chapter to be filled by the Mayor with the advice and consent of Council and there is no holdover incumbent, the Mayor may temporarily fill such vacancy, in the absence of any contrary provision in the Charter or in this chapter. Any such appointment shall terminate not later than 60 days after the date of the appointment, unless the Council shall by resolution authorize one or more extensions of such a period.
A. 
The head of each department, under the supervision of the Administrator shall:
(1) 
Prescribe the internal organization of the department and the duties of subordinate officers and employees within the department, except as provided by the Charter, this chapter or by ordinance.
(2) 
Ensure that all powers, functions and duties assigned to the department are carried out with diligence.
(3) 
Operate his/her department in an efficient and effective manner.
(4) 
Report in writing to the Administrator recommendations for improving departmental performance, requirements of the department and the results of assignments made to the department.
(5) 
Report promptly to the Administrator and to the Director of Finance/Treasurer projected deviations in the financial performance of the department.
(6) 
Cooperate with the Administrator in the preparation of the annual budget, providing supporting information for all budgetary requirements and explanation of all deviations from previous budgets.
(7) 
Assign functions, powers and duties to subordinate officers and employees within the department and modify such assignments as need appears.
(8) 
Assign priorities to the conduct of the functions, powers and duties allocated to the department.
(9) 
Supervise the work of the department through the divisions established by this chapter and supervise and direct the work of the employees of the department.
(10) 
Delegate to other officers or employees of his/her department such of his/her powers as he/she may deem necessary for efficient administration and operation.
(11) 
Prohibit the expenditure of municipal funds or the commitment of municipal funds by the department except as provided by law.
(12) 
Provide liaison with other departments, divisions, boards, etc., as required for the efficient and effective operation of the administrative branch.
(13) 
Familiarize himself/herself with general law affecting his/her department and with funds available for the performance of the functions of his/her department from sources outside the Township.
B. 
In the event of a vacancy in the office of Administrator, the Mayor and Council shall exercise all duties and responsibilities set forth herein.
A. 
No officer or employee elected or appointed in the Township shall be interested directly or indirectly in any contract or job for work or for materials, or the profits thereof, to be furnished or performed for the Township, and no such officer or employee shall be interested directly or indirectly in any contract or job for work or for materials, or the profits thereof, to be furnished or performed for any person operating any gasworks, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange or other public utility within the territorial limits of the Township.
B. 
No officer or employee shall accept or receive directly or indirectly from any person operating within the territorial limits of the Township any gasworks, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange or other business using or operating under a public franchise, any frank, free pass, free ticket or free service, or accept or receive directly or indirectly from any person any other service upon terms more favorable than are granted to the public generally, except that such prohibition of free transportation shall not apply to policemen or firemen in uniform.
C. 
No officer or employee elected or appointed in the Township shall accept or solicit anything of value as consideration for or in connection with the discharge of his/her official duties, other than the fee or compensation prescribed pursuant to law.
D. 
No official or employee, whether paid or unpaid, shall engage in any business or transaction or accept any private employment or commitment, or shall have any financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of his/her official duties.
E. 
No official or employee shall accept any gift or gratuity, whether in the form of service, loan or promise or in any other form, from any person, firm or corporation which to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the Township, nor shall any official or employee accept from any person, firm or corporation any such gift or gratuity which may tend to influence him/her in the discharge of hie/her duties.
F. 
No official or employee shall represent private interests before the Township Council or before any board, commission or agency of the Township.
G. 
No official or employee shall represent private interests in any action or proceedings against the interest of the Township in any litigation to which the Township is a party.
H. 
No Council member or member of any Township agency, board, commission or other body shall vote for the adoption or defeat of any resolution or ordinance or for the payment or nonpayment of any indebtedness owing or allegedly owing by the Township in which he/she has any financial or other personal interest, directly or indirectly, nor shall any official or employee recommend or lobby for the adoption or defeat of any such measure or for the institution or defense of any legal or quasi-legal action whatever in which he/she has or may have a financial or other personal interest, direct or indirect.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq., the Local Government Ethics Law.
Any official or employee who has or may have any interest, direct or indirect, in any measure, indebtedness or action, and who participates in discussion with or gives an official opinion to the Council or to any municipal agency with respect thereto, shall disclose on the records of the Council or agency the nature and extent of such interest.
A. 
No municipal officer or employee shall engage in political activity during his/her hours of duty with respect to any candidate.
B. 
No municipal officer shall use nor permit others to use the facilities of the Township for the preparation, storage or distribution of campaign material.
C. 
Nothing in this section shall be construed to prevent an elective officer from campaigning at any time.
D. 
No municipal officer or employee shall use nor permit others to use the facilities of the Township for the conduct of private business. With the approval of the Administrator, nonprofit public service and civic organizations may be allowed to use such Township facilities as may be deemed appropriate.
E. 
No municipal official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the Township; nor shall he/she use such information to advance the financial or other private interest of himself/herself or of others. Council may, from time to time, as it deems appropriate, determine by resolution what information shall be deemed confidential for the purposes of this subsection.
Pension fund membership and rights of any officer or employee shall be in accordance with state statutes or regulations.
Any officer or employee of the Township who has acquired tenure in his/her position through any provision of law or of ordinance shall retain said tenure in the same position without effect due to the adoption of this chapter.
The Council shall have an annual audit made of the Township accounts and financial transactions as required by law. Such annual audit shall be made by a registered municipal accountant of New Jersey, appointed by the Mayor with the advice and consent of Council.
No rule or regulation made by any department, officer, agency or authority of the municipality, except such as related to the organization or internal management of the Township government or a part thereof, shall take effect until it is filed with the Municipal Clerk. The Council shall provide for the prompt publication of such regulations and rules.
A. 
All the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department shall be carefully and conveniently filed, kept and preserved and shall be and remain the sole property of the Township and shall not at any time be removed from the offices of such department except when required for use in official business and shall then be returned to such office without delay. Each department head shall be responsible for enforcing the requirements of this section in his/her department. This section shall be subject to the provisions of Destruction of Public Records Law (1953), N.J.S.A. 47:3-15 et seq.
B. 
All public documents and records shall, during office hours, be opened to public search, inspection and examination, subject to and within limitations prescribed by law, and provided that such search, inspection and examination may be made under such regulations as the officer having custody and of such records, books and documents shall establish for the safety and preservation thereof.
Upon termination of the term of office of any officer or the employment of any employee, that officer shall forthwith deliver to his/her successor, or if there be no successor, to the Municipal Clerk or other person who may be designated by the Council to receive same, all moneys, papers, books, memoranda, accounts and data of any nature whatever pertaining to his/her office or to his/her employment.
The public, administrative and executive business offices of the Township shall be open for the transaction of public business on a regular schedule as prescribed by the Township Administrator as approved by the Township Council, except as otherwise provided by law. Notice of the regular office hours of all officials shall be published annually in the same manner as prescribed for the publication of ordinances, and the schedule shall be included in the annual Township directory.