Except as limited by law or this Act, the City
shall operate with such departments as may be established from time
to time and with such powers and duties as may be prescribed by ordinance,
which departments may be reorganized, merged, consolidated or abolished
when necessary or appropriate for the efficient operation of the City;
provided, however, that except by vote of the people no change shall
be made in the Board of Police Commissioners, Board of Fire Commissioners
or Board of Water Commissioners[1] where established by vote of the people.
A.
The following offices shall exist in any city under
this Act and shall not be subject to abolition by ordinance or referendum:
Mayor, members of the City Council, City Clerk.
B.
The following offices once created by referendum can
only be merged or abolished by referendum: Police Chief, Fire Chief,
members of the Board of Police Commissioners, members of the Board
of Fire Commissioners, members of the Board of Water Commissioners.
C.
The following offices shall exist in any city under
this Act, unless otherwise provided by ordinance: Corporation Counsel,
Director of Finance, Collector of Taxes,[1] Tax Assessor or Director of Property Taxation, City Treasurer
and Director of Public Works.
[Amended 11-25-1968 by Ord. No. 59-1968; 5-12-1986 by Ord. No. 7-1986; 5-12-1986 by Ord. No. 19-1986; 5-27-1986 by Ord. No. 25-1986]
[1]
Editor's Note: Ord. No. 59-1968, adopted 11-25-1968,
amended the Code of the City of East Orange to change "Collector of
Taxes" to read "Collector of Taxes and Revenue."
D.
Each member of each board or commission entrusted
with powers of government and each head of a department, whether or
not expressly recited herein, shall be considered a City officer.
E.
The City Council shall by ordinance prescribe the
powers and duties for each office in the City unless otherwise provided
by law; fix the salaries and compensation for each office to the extent
permitted thereby; and establish other offices as needed from time
to time.
All City officers, unless otherwise provided
by law or this Act, shall be appointed by the Mayor subject to confirmation
by the City Council and shall serve for a term coterminous with the
term of office of the Mayor unless a different term is fixed by ordinance;
provided, however, that the Police Chief and the Fire Chief shall
serve unless removed for cause in accordance with this article; and
provided, further, that the expiration of the then current term of
an incumbent City officer shall not be affected by any ordinance adopted
during such term.
A.
Any vacancy occurring for any reason in any appointive
office shall be filled for the unexpired term in the same manner as
the original appointment to such office.
B.
In case any appointed City officer be suspended or
through illness or other cause temporarily be unable to perform the
duties of his office, then the Mayor shall have power to designate,
by a written statement signed by him and filed with the City Clerk,
a suitable person to act in the place and stead of such officer until
such disability be removed.
No person shall be eligible for an appointive
City office unless he be a citizen of the United States and a resident
of the City. If any such officer shall move from the City during his
term, his office shall thereby become vacant.
If any person hereafter elected or appointed
to any office or position in the City shall, after lawful notice or
process, willfully refuse or fail to appear before any court, any
legislative committee, or the Governor, or having appeared shall refuse
to testify or answer any question regarding the property, government
or affairs of the City, or regarding his nomination, election, appointment
or official conduct on the ground that his answer would tend to incriminate
him, or shall refuse to waive immunity from prosecution on account
of any such matter in relationship to which he may be asked to testify,
shall be subject to removal for cause as provided by this Act. Any
person removed from any office pursuant to this section shall not
thereafter be eligible for election or appointment to any office or
employment in the City.
A.
Any elected or appointed City officer having a direct
or indirect personal interest in any City business shall, immediately
upon learning of such interest, file written notice thereof with the
Mayor and with the body, board, commission or department head having
jurisdiction of such business; provided, however, that if the Mayor
shall have such personal interest, he shall also file written notice
with the City Clerk.
B.
After written notice has been given in accordance
with this section, no further action shall be taken on said City business
with the interested officer; provided, however, that if by resolution
it is determined that the welfare of the City requires the purchase
of real property or any right, title or interest therein from the
interested officer, or the taking of any other action, such City business
may be conducted with the interested officer after full public disclosure
thereof.
C.
Failure to comply with this section shall be cause
for removal from office. The City Council may by ordinance regulate
limitations and procedures concerning City employees as to any personal
interest of such employees in City business.
The Mayor shall have power for sufficient cause
to suspend any appointed City officer, and in case of the suspension
of any such officer, the Mayor shall within five days thereafter deliver
to the City Clerk a specification in writing of the charges preferred
against such officer and cause a copy of the same to be served personally,
and if personal service cannot be affected, then by registered mail
addressed to the accused officer's last known address; and it shall
be the duty of the City Clerk to present such charges to the City
Council at its next regular meeting, and thereafter the City Council
shall proceed as speedily as possible to hear and determine the said
charges, after reasonable notice of such hearing to the accused and
an opportunity to the accused to be heard with his witnesses. If upon
such hearing the charges preferred against such officer shall not
be sustained by a two-thirds (2/3) vote of the City Council, the officer
shall be thereby immediately restored to office, but if such charges
be sustained by a like vote of the City Council, then said office
shall become and be vacant, and the vacancy caused thereby may be
filled as herein provided.
The City Council shall appoint a City Clerk
for a term of four years commencing on 12:00 o'clock noon of January
1. The City Clerk shall serve as Clerk of the City Council and shall
keep its minutes and records of its proceedings, maintain and compile
ordinances and resolutions, as provided by this Act, and perform such
additional functions as may be required by law or ordinance. The office
of Deputy Clerk may be created by ordinance, and the appointment thereof
shall be made in the manner provided by this Act for the appointment
of City officers generally. In the absence or temporary disability
of the City Clerk, the City Council shall appoint an acting City Clerk
during such absence or temporary disability with all his powers and
duties, provided that if a Deputy City Clerk shall be serving, he
shall so act without action of the City Council. Any vacancy in the
office of the City Clerk shall be filled by the City Council for the
unexpired term thereof.
[Amended 5-12-1986 by Ord. No. 19-1986]
A.
The Director of Finance, unless the City Council shall
designate another City officer by ordinance, shall supervise and direct
a system of internal controls over the fiscal affairs of the City
and, unless otherwise expressly provided by law, each of its constituent
boards, commissions or bodies. The ordinance shall provide for an
encumbrance system of budget operation, for expenditures only upon
written requisition, for the preaudit of all claims and demands against
the City prior to payment and for the control of all payments out
of any public funds by individual checks for each payment to the official
having custody thereof.
B.
The Director of Finance, or other officer so designated,
shall have the duty to maintain records of all fiscal transactions
of the City, including all vouchers or checks audited by him, and
shall make such examinations and render reports as required by law
or as directed by resolution. He shall have the right, duty and power
to examine all books, records of accounts, and vouchers of any board,
commission, body or officer and may compel by subpoena where necessary
any City officer or employee of the City to submit to examination
under oath on any matter pertaining to the fiscal affairs of the City.
