City of Garfield, NJ Chapter 56 Redevelopment Agency

[HISTORY: Adopted by the City Council of the City of Garfield 4-23-2002 by Ord. No. 2338 (Ch. 56 of the 1979 Code). Amendments noted where applicable.]

§ 56-1 Title.

The agency which will be created pursuant to this chapter shall be entitled the "Garfield Redevelopment Agency."

§ 56-2 Membership; terms; compensation; organization.

A. There shall be seven Commissioners of the Redevelopment Agency, who shall be nominated by the City Council and confirmed upon a majority vote of same.

B. Terms.

(1) Commissioners shall serve for a term of five years.

(2) Exceptions: initial Commissioner Board:

(a) One Commissioner shall serve for a term of one year;

(b) One Commissioner shall serve for a term of two years;

(c) Two Commissioners shall serve for a term of three years;

(d) One Commissioner shall serve for a term of four years;

(e) Two Commissioners shall serve for a term of five years.

(3) Not more than two of the Commissioners shall be officers or employees of the municipality. A Commissioner who is a member of the governing body shall serve for a term of one year. If two members of the governing body are chosen as Commissioners, then the governing body shall not appoint a Commissioner for the two-year position.

(4) Terms and vacancies.

(a) Each Commissioner shall hold office for the term of his/her appointment and until his/her successor shall have been appointed and qualified.

(b) The terms of Commissioners other than the members of the governing body shall be appointed to staggered terms.

(c) Any vacancy occurring in the office of Commissioner, from any cause, shall be filled in the same manner as the original appointment but for the unexpired term.

(5) Certificate of appointment. A certificate of the appointment or reappointment of each Commissioner shall be filed with the Clerk, and the certificate shall be conclusive evidence of the due and proper appointment of that Commissioner.

(6) Compensation. Commissioners shall receive no compensation for their services but shall be entitled to reimbursement for actual expenses necessarily incurred in the discharge of the duties of Commissioners, including travel expenses.

(7) Quorum. Four Commissioners shall constitute a quorum for the purpose of conducting business and exercising powers and all other purposes. Action may be taken by the Agency upon affirmative vote of the majority, but not less than four of the Commissioners present, unless in any case the bylaws of the Agency shall require a larger number.

(8) Officers/Director. The agency shall select a Chairman, and a Vice-Chairman and the Agency shall employ an Executive Director, who shall be the Secretary to the Redevelopment Authority.

§ 56-3 Conflicts of interest.

A. No Commissioner or employee of an agency shall acquire any interest, direct or indirect, in a redevelopment project or in any property included or planned to be included in a project.

B. No Commissioner or employee shall have any interest, direct or indirect, in any contract or proposed contract for materials and services to be finished or used in connection with a project.

C. All conflicts of interest must be immediately disclosed in writing to the Agency, and the disclosure shall be entered in the minutes of the Agency.

D. For inefficiency or neglect of duty or misconduct in office, a Commissioner may be removed by the municipality by which he/she was appointed or by the Agency, subject to substantive and procedural due process.

§ 56-4 Executive Director.

A. An Executive Director of the Redevelopment Agency shall be appointed in accordance with the requirements of N.J.S.A. 40A:12A-12 et seq.

B. Qualifications:

(1) Degree from an accredited four-year college or university in any one of the following disciplines:

(a) Public arbitration;

(b) Social science; or

(c) Other applicable program; and

(2) Five years' experience in public administration, public finance, realty, or similar professional employment. A master's degree in an appropriate program subject to acceptance by the Department of Community Affairs may substitute for two years of the experience required.

C. Exceptions. A person possessing the required work experience and holding a certification from the National Association of Housing and Redevelopment Authority shall not be required to meet the educational requirement.

D. Executive Director; term of office; title.

(1) The Executive Director shall serve at the pleasure of the Commissioners of the Agency and may be relieved, with or without cause, of his duties only after 120 days' written notice.

(2) The title "Executive Director" shall be unclassified civil service. All other employees shall be required to comply with the civil service laws.

§ 56-5 Deadline for completion of course of study for Agency members.

A. Any person serving as a member of the Redevelopment Agency shall satisfactorily complete the course of study prescribed by the Commissioner of the Department of Community Affairs within 18 months following the date of his/her appointment.

B. Failure to complete the course of study during this time period shall be equivalent to a resignation of office.

C. Notwithstanding, a person who fails to complete his/her studies during the eighteen-month period may continue to serve to the end of his/her appointed term even if the pending period in that term exceeds 18 months. However, such a member shall not be eligible for reappointment to membership as a Commissioner until a period of five years has elapsed following the completion of the interim term.

D. Executive Director course of study. Any person serving as the Executive Director of the Redevelopment Agency shall satisfactorily complete the course of study prescribed by the Commissioners within two years after his/her appointment. Failure to so comply shall be equivalent to a resignation of office.

§ 56-6 Statutory authority.

This chapter has been created pursuant to N.J.S.A. 40A:12A-1 et seq., the "Local Redevelopment and Housing Law," as may and hereafter be amended; the City Council does hereby incorporate by reference N.J.S.A. 40A:12A-1, as it may apply to redevelopment agencies, into this chapter and has intentionally not delineated or restricted the language of this chapter in order.

§ 56-7 Authority of Agency.

[Added 2-13-2018 by Ord. No. 2773]

A. The Garfield Redevelopment Agency is authorized to stimulate the redevelopment of any and all existing redevelopment areas and rehabilitation areas, as well as any such area which may be designated in the future by the City in accordance with the Redevelopment Law.[1]

[1] Editor's Note: See N.J.S.A. 40A:12-1 et seq.

B. The Garfield Redevelopment Agency is designated as redevelopment entity unless and until the City determines to act as redevelopment entity for a particular redevelopment project.

C. Upon adoption, a copy of this section shall be served upon the Garfield Redevelopment Agency by the City Clerk.