[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover 12-12-1995 by Ord. No. 38-1995; amended in its entirety 4-14-2020 by Ord. No. 10-2020. Subsequent amendments
noted where applicable.]
For the purpose of this chapter and in the interpretation and
application of all other ordinances and resolutions heretofore or
hereafter adopted by the Town, except as the context may otherwise
require, the following terms shall have the meanings indicated:
The Business Administrator of the Town of Dover.
The members of the Town's Board of Aldermen constituted
pursuant to the Charter and formerly known as the "Board of Aldermen."
Mayor-Council Plan as amended and supplemented in N.J.S.A.
40A:62-1 et seq., and any and all general laws as therein defined
which are or may be applicable to the town form of government.
The Municipal Clerk of the Town of Dover.
The Administrative Code, 1995, and all amendments and supplements
thereto.
An organization unit or group of organizational units of
the Town government or designated as a department by this chapter.
The individual placed in charge of a department's activities
pursuant to this Code or the Charter.
The Mayor and Board of Aldermen shall be elected at a November
general election.
The Board of Aldermen created and constituted pursuant to
the Charter.
One who has been appointed to fill a vacancy while a search
is being conducted to fill a permanent position. Such interim appointment
may not exceed two years.
The individual serving as Chief Executive Officer of the
Town pursuant to the Charter.
A calendar month unless otherwise specifically provided.
Any corporation, firm, partnership, association, organization
or other entity, as well as individual.
The Town of Dover, in the County of Morris, State of New
Jersey, as governed by the provisions of the Charter.
A calendar year unless otherwise specifically provided.
For the purposes of the Administrative Code and any other ordinances
heretofore or hereafter adopted, except as the context may otherwise
require:
A.
The
present tense includes the past and future tenses and the future,
the present.
B.
The
masculine gender includes the feminine and neuter.
C.
The
singular number includes the plural, and the plural the singular.
D.
The
time within which an act is to be done shall be computed by excluding
the first and including the last day, and if the last day be a Saturday,
Sunday or a legal holiday, that day shall be excluded.
E.
"Writing"
or "written" includes printing, typewriting, stencil duplicating,
computer printout, magnetic media and any other visual mode of reproducing
words or figures on paper-like material which is in general use.
A.
Personnel
generally.
(1)
All appointments and promotions in the civil service of the Town
shall be made by the Administrator or appointing authority according
to any pertinent civil service requirements, pertinent contractual
obligations and within the general limits of the municipal budget.
(2)
The compensation of all officers and employees shall be in such amount
and at such rates as shall be prescribed by the employment agreement
which conforms to the Salary Ordinance adopted by the Board of Aldermen.
(3)
The days and hours of work of individual employees shall be assigned and scheduled by the respective department heads, subject to the approval of the Administrator in consultation with the Mayor, so that Town business may be conducted without interruption and Town services shall be provided as conditions may require during the regular business hours of the Town government and during such emergencies as may arise and notwithstanding Subsection C of this section.
B.
Personnel
policies and practices. The Administrator shall be responsible for
the preparation and administration of a system of personnel policy
and practices, subject to the approval of the Mayor and Board of Aldermen.
Such policy and practices shall cover all personnel matters consistent
with the Civil Service Law and Regulation, including, without limitation
thereto, classification, compensation, vacations, sick leave, holidays,
grievances, in-service training and such other practices and procedures
as the Administrator may deem necessary or desirable to the administration
of a sound personnel system. The Mayor and Board of Aldermen shall
adopt said policies and practices in the form of a resolution.
C.
Office
hours. The normal office hours for the transaction of municipal business
shall be from 8:30 a.m. to 4:30 p.m., Monday through Friday of each
week, except on legal holidays, and such additional hours as the Board
of Aldermen may by resolution or the Administrator require with respect
to particular departments or divisions.
D.
Antidiscrimination.
In addition to the requirements of the Civil Service Law and Regulations,
in the appointment and promotion of any officer or employee who is
compensated by Town funds, no political, racial, religious or ethnic
test or qualifications shall be permitted or given consideration;
nor shall handicapped persons be in any way discriminated against.
E.
Political
activity. No municipal officer or employee shall directly or indirectly
use or seek to use his authority or official influence to control
or modify the political action of another person; nor shall any paid
officer or employee, during the hours of duty, engage in any political
activity with respect to any candidate for elective office therein.
Nothing in this section shall be construed to prevent an elected officer
from campaigning at any time, nor shall it be construed to prevent
any officer or employee from campaigning on their own time outside
of their assigned work hours.
F.
Dual
appointments. The Administrator may appoint the same person to serve
as head of two or more committee departments, and a department head
may also be appointed by the Administrator to serve as head of a division
within his department. The Administrator may appoint a division head
to serve as the head of two or more divisions or as Purchasing Agent,
so long as the functions, powers and duties of such appointments are
not inconsistent with the approval of the Board of Aldermen.
G.
Vacancies/acting
capacity. In the event of the temporary absence or disability of any
administrative officer or employee or in the event of a vacancy in
any office, the Administrator may designate a qualified person to
serve in such office temporally in an acting capacity, and any such
appointee shall have all the functions, powers and duties of an incumbent
until such absence or disability terminates.
H.
Delivery
of funds and records.
(1)
Upon the termination of the term of office or the employment of any
officer or employee, such employee shall forthwith deliver to his
successor, or, if there be no successor, then to the Clerk or other
person who may be designated by the Board of Aldermen to receive the
same, all moneys, papers, books, memoranda, accounts and data of any
nature whatsoever pertaining to his office. Upon receipt, the successor,
the Clerk or person designated by the Board of Aldermen shall schedule
an audit regarding said delivery of funds and records.
(2)
Upon termination of employment of any officer or employee, an exit
interview is to be conducted by the department head and/or Administrator.
I.
Nondisclosure
of information. No municipal official or employee shall, without proper
legal authorization, disclose confidential information concerning
the property, government or affairs of the Town; nor shall be use
such information to advance the financial or other private interest
of himself or others. The Board of Aldermen may, from time to time,
determine by resolution what shall be deemed confidential for the
purposes of this section in accordance with N.J.S.A. 10:4-6 to 10:4-21.
No municipal official or employee shall delete or remove any information
or documentation from the Town of Dover, including but not limited
to document, record, file, email, text message and the like from the
Town.
A.
The
Mayor shall be the Chief Executive of the Town. The Mayor shall be
elected by the voters of the Town of Dover and shall be known as the
Alderman-at-Large. He or she shall serve for a term of four years.
The Mayor shall prepare the agenda along with the Municipal Clerk
and shall preside over the deliberations of the Board of Aldermen.
The Mayor shall also participate in the determination of Town affairs,
as permitted by law.
B.
The
Mayor shall on all occasions preserve the strictest order and decorum,
and shall cause the removal of any persons who interrupt the orderly
proceedings of the Board of Aldermen.
C.
When
two or more Board of Aldermen members shall rise at the same time,
the Mayor shall name the one entitled to the floor.
D.
The
Mayor shall decide all questions of order without debate unless there
is an objection to a determination made by the Mayor, in which case
the matter in issue shall be determined by a two-thirds vote of all
the members of the Board of Aldermen. Robert's Rules of Order
may be consulted for general guidance and to aid in the disposition
or resolution of any issue; however, Robert's Rules of Order
shall not have binding effect in any matter or issue before the Mayor
and Board of Aldermen.
E.
The
Mayor shall be a member of all committees, both standing and special,
and shall be informed in advance of all meetings of such committees.
F.
The
Mayor shall serve as the liaison between the governing body and all
boards, committees, agencies or organizations except as herein assigned
to a specific committee for liaison purposes.
G.
The
Mayor shall be so designated in all official documents and instruments
of every kind and shall sign all ordinances, documents, bond notes,
contracts and other special documents and instruments by that title.
H.
The
Mayor shall have all those powers placed in the Mayor by general law.
I.
Any
Board of Aldermen member can request consideration for items to be
included on the agenda. Said request must be received by the Tuesday
preceding the Board of Aldermen meeting at 12:00 noon.
J.
No
resolution or item may be introduced from the floor unless authorized
by the Mayor or upon a two-thirds vote of all the members of the Board
of Aldermen.
A.
Enumerated.
The elected officers of the Town of Dover shall be a Mayor and Board
of Aldermen consisting of eight Aldermen all elected by wards. There
shall be two Aldermen from each ward. The Mayor shall be elected at
large and shall also be known as an "Alderman-at-Large."
A.
Appointment;
term. The Municipal Clerk shall be appointed pursuant to state statute,
N.J.S.A. 40A:9-133 et seq.
B.
General
duties. The Municipal Clerk shall:
(1)
Have charge of all record books and documents of the Town, except
when the Board of Aldermen directs otherwise. He shall keep a record
of the proceedings of the Board of Aldermen and record all ordinances
in a book to be provided for that purpose, which shall be deemed a
public record of such ordinances. Each ordinance so recorded shall
be signed by the Mayor and the Clerk.
(2)
Turn over to the Treasurer without delay all moneys received by him
for the use of the Town. His office shall be at the Town Hall, and
he shall keep his office open for the transaction of public business
during the hours specified by the Board of Aldermen.
(3)
Perform all of the functions required of Municipal Clerks by the
General Election Law (Title 19 of the New Jersey Statutes) and any
other state law or other Town ordinance, and receive the fees prescribed
therefor for the use of the Town.
(4)
Issue all licenses required by law or ordinance, faithfully make
all reports required by law or ordinance to the Mayor and Board of
Aldermen and monthly account for all fees received by him or her.
(5)
See to it that all ordinances and notices of the Town of Dover are
properly advertised.
(6)
Take care of all correspondence of the municipality and the Mayor
and the Board of Aldermen.
(7)
Administer oaths.
(8)
Be custodian of all leases or property owned by the Town.
(9)
Have such other, different and additional functions, powers and duties
as may be prescribed by law, or ordinance or regulation.
C.
Corporate
seal. The Clerk shall cause the Corporate Seal of the Town to be affixed
to the instruments and writings when authorized by ordinance or resolution
of the Board of Aldermen or when necessary to exemplify any document
on record in his office or to certify any act or paper which, from
the records in his office, appears to have been a public act of the
Town or a public document. He shall not affix the Seal or cause or
permit it to be affixed to any other instrument, writing or paper
unless required by law or ordinance.
D.
Insurance;
surety bonds; contracts. The Clerk, subject to the supervision of
the Board of Aldermen, shall:
(1)
Be the depository for and custodian of: all official surety bonds
furnished by or on account of any officer or employee, except he shall
not be the depository for his own bond, which shall be placed into
the custody of the Treasurer; all insurance policies upon or with
respect to risks insured for the benefits of the Town or to protect
it against any claim, demand or liability whatsoever; and all formal
contracts for work, labor, services, supplies, equipment and materials
to which the Town may be a party.
(2)
Be the depository for and custodian of all performance bonds running
to the Town as obligee or any other form of security given by a contractor,
subdivision developer or other person on account of work done or to
be done in or for the Town.
(3)
Report to the Board of Aldermen annually, at such time as it may
require, on the coverage, expiration date and premium of each surety
bond and contract of insurance, the nature and terms of outstanding
leases, the rent reserved by each and their respective expiration
dates.
E.
Administrative
rules and regulations; filing and publication. No rule or general
regulation made by any department, officer, agency or authority of
the Town, except such as relates to the organization or internal management
of the Town government or a part thereof, shall take effect until
it is filed with the Clerk. The Clerk shall maintain a current compilation
of all such rules and regulations, which shall be available for public
inspection in his office during business hours.
F.
Annual
meetings.
(1)
The Mayor and Board of Aldermen shall hold an annual meeting on January
1 of each year at 12:00 noon or soon after, but no later than January
7 of each year.
(2)
At the aforesaid meeting, the Board of Aldermen shall fix the time
and place for holding regular meetings during the ensuing year.
(3)
The following order of business shall be observed at the regular monthly meetings of the Board of Aldermen for the conduct of official business; however the Mayor and Clerk may change the order of business during a meeting, if it is deemed necessary to expedite the completion of business. If a closed session meeting is deemed unnecessary when preparing the agenda, Subsection F(3)(n) and (o) can be admitted from the agenda:
(a)
Call to order.
(b)
Pledge of Allegiance.
(c)
Call of the roll.
(d)
Approval of minutes.
(e)
Report of committees.
(f)
Presentations, Municipal correspondence, etc.
(g)
Ordinances for first reading.
(h)
Ordinances for second reading, public hearing and adoption.
(i)
Approval of bills.
(k)
Old business.
(m)
Invitation for discussion by the public (five minutes per person).
(n)
Closed/executive session.
(o)
Actions considered following closed session.
(p)
Adjournment.
(4)
Video, film and/or audio recording of all Board of Aldermen meetings
by the public is permitted subject to the following terms:
(a)
No more than one camera or other recording device shall be used at
any one time per person at regular monthly meetings, special meetings,
emergency meetings or any other meeting which is open to the public.
Additional video cameras or audio recording devices used by news media
and/or other groups, at the discretion of the Board, may be permitted
upon approval of two-thirds of the Board members present at a meeting.
Requests for approval to use additional recording devices shall be
submitted to the Town Clerk at least four hours prior to the commencement
of the public meeting.
(b)
No recording equipment shall be permitted to use additional artificial
lighting.
(c)
Any camera or other recording device, including cell phones and tablets
if used for recording purposes shall be stationary and shall be located
in an inconspicuous location in the meeting room. Every effort shall
be made to locate recording devices toward the rear of the meeting
room so as not to interfere with the orderly conduct of the meeting.
Stationary equipment, once positioned, shall not be moved during the
public meeting. The equipment utilized should operate silently, and
while cell phone video recording is permitted, cell phones with recording
capability shall be silent. All video and/or audio recording shall
be performed in a manner that is not unreasonably obtrusive or disruptive
of the proceedings or in violation of any federal or state law or
any law or regulation governing the safety of persons or property.
(d)
If an individual is operating recording equipment, the Mayor or presiding
officer shall announce publicly the requirements for recording and
shall give the individual an opportunity to comply with the requirements
set forth herein. The Mayor, or individual presiding at a public meeting,
shall have the authority to require disruptive video recording operators
to either turn off the recording device or otherwise have the recording
device removed from the meeting room.
A.
The
Board of Aldermen shall be the legislative body of the municipality.
B.
The
Board of Aldermen may, subject to general law:
(1)
Pass, adopt, amend and repeal any ordinance or, where permitted,
any resolution, for any purpose required for the government of the
municipality or for the accomplishment of any public purpose for which
the municipality is authorized to act under general law.
(2)
Control and regulate the finances of the municipality and raise money
by borrowing and taxation.
(3)
Create such offices and positions, by resolution, as it may deem
necessary. The officers appointed thereto shall perform the duties
required by law and the ordinances of the Board of Aldermen.
(4)
Investigate any activity of the municipality.
(5)
Remove, by resolution, any officer of the municipality, other than
those officers excepted by law, for cause.
(6)
Override a veto of the Mayor by a two-thirds majority of all the
members of the Board of Aldermen.
(7)
In the absence of the Mayor, select a member to serve as Chairman
Pro Tem and preside over the deliberations of the Board of Aldermen.
C.
The
Board of Aldermen shall have the executive responsibilities of the
municipality not placed, by general law or this act, in the office
of the Mayor.
D.
The
Board of Aldermen shall, by resolution, appoint such subordinate officers
as it may deem necessary, except as otherwise noted by this Code and
that the Attorney, Engineer, Clerk, Tax Assessor, Chief Financial
Officer and Tax Collector shall be appointed by the Mayor and Board
of Aldermen.
E.
Every
officer appointed pursuant to this section shall hold office during
his official term and until his successor shall have been duly appointed
and qualified.
F.
The
Board of Aldermen may delegate all or a portion of the executive responsibilities
of the municipality to an Administrator.
A.
Creation
of office. Pursuant to N.J.S.A. 40A:9-136 et seq., there is hereby
created in the Town of Dover the office of Town Administrator.
B.
The
Town Administrator shall, under the supervision and control of the
Mayor and the Board of Aldermen, perform such duties as may be requested
from time to time other than those required by law to be exercised
by the governing body itself or by another officer or body and to
the extent not prohibited by law. Such duties and responsibilities
shall include but not be limited to the coordination of operations,
activities and administration of all departments, divisions, offices,
boards and agencies of the Town government and exchanging and disseminating
information and generally advising and consulting with the Board of
Aldermen without infringing upon the lawful powers and duties of other
officers, boards and departments. In addition, the Administrator shall
have the following specific duties and responsibilities:
(1)
To serve as Chief Administrative Officer of the Town.
(2)
To attend all meetings of the Board of Aldermen as required, with
the right to participate in all discussions but without the right
to vote.
(3)
To advise the governing body on policy decisions.
(4)
To execute all laws of the State of New Jersey and execute ordinances
and resolutions of the Town, subject to the direction of the Mayor
and Board of Aldermen.
(5)
As the appointing authority, to appoint and remove employees, subject
to the approval of the Mayor, for whose selection and removal no other
method is provided by law.
(6)
To negotiate contracts, subject to the approval of the Mayor and
the Board of Aldermen.
(7)
To make recommendations concerning the nature and location of Town
improvements as determined by the Mayor and the Board of Aldermen.
(8)
To recommend to the Mayor and the Board of Aldermen the adoption
of such measures as he, the Administrator, may deem necessary or expedient.
(9)
To represent the Town in its relations with the federal government,
state, county and other municipalities and assess the Town's
interest in contracts, franchises and other business transactions.
(10)
To make reports to the Mayor and the Board of Aldermen as required.
(11)
To investigate the affairs of any officer or department at the initiation
of the Mayor and the Board of Aldermen and to report to the Board
on the work of all departments.
(12)
To receive and reply to all inquiries and complaints concerning Town
business and to provide information and assistance in respect thereto
and, in addition, to review, suggest a method for handling and follow
up on all requests for information.
(13)
To establish and maintain effective personnel practices and maintain
records of all employees.
(14)
To carry out all policies established by the Mayor and Board of Aldermen.
(15)
In consultation with the Municipal Auditor and department heads,
to prepare the annual operating and capital budgets and submit them
to the Mayor and the Board of Aldermen at a date and in accordance
with procedures established by the Board and state law.
(16)
To supervise the disbursement of all Town funds and approve all vouchers
and bills before submitting the same to the Mayor and the Board of
Aldermen for final approval.
(17)
To maintain a continuing review and analysis of budget operations,
work programs and costs of municipal services.
(18)
To delegate to any department head such of his powers as he may deem
necessary for efficient administration.
(19)
To implement and enforce the policy of Mayor and the Board of Aldermen
with respect to the compiling and release of public information.
(20)
To keep the Mayor and the Board of Aldermen informed as to federal
aid projects and state aid projects and any other aid programs for
which the Town may qualify.
(21)
To perform such other duties as may be required by ordinance, resolution
or direction of the Mayor and the Board of Aldermen.
(22)
To control the hiring and firing of all employees, subject to Mayoral
approval, below the rank of a department head, all such action to
be within the scope of the New Jersey Department of Personnel regulations
and all other local, state or federal regulations.
(23)
To have the authority to assign, reassign or combine functions and
personnel in any department in order to effectuate an orderly and
efficient operation.
(24)
To receive, review and disseminate all correspondence addressed to
the Town of Dover and any of its officials, unless it is clearly marked
"personal and confidential."
(25)
In conjunction with the Auditor, where deemed necessary, to control
and approve all transfers of funds within or from department budgets
and, further, from time to time to require all departments heads to
justify purchases and expenditures, subject to quotations or bids
previously obtained.
C.
Designation
of substitute. The Town Administrator may designate a qualified municipal
employee of the Town, subject to the Mayor's approval, to perform
his duties during his temporary absence or disability if the position
of Deputy Town Administrator is vacant. In the event of his failure
to make such designation, the Mayor, may appoint such a substitute
Administrator for the aforesaid purposes.
D.
Administrative
powers. Except for the purpose of inquiry, the governing body and
its committees shall deal with the administrative service solely through
the Municipal Administrator, and neither the Mayor or Board of Aldermen
nor any of its committees shall give orders, publicly or privately,
to any subordinates of the Administrator.
A.
There is hereby created in the Town of Dover the position of Deputy
Town Administrator.
B.
Appointment; duties.
(1)
The Deputy Town Administrator shall be appointed by the Mayor, and
his term shall run concurrent with the Mayor's term for four
years and until his successor has been appointed and qualified. The
Deputy Town Administrator shall receive such compensation as shall
be provided for in the employment contract and confirmed by the Salary
Ordinance. In addition to administrative assistance, research and
special assignments at the direction of the Administrator, the Deputy
Town Administrator shall perform the following duties:
(a)
Attend meetings when the Town Administrator is unavailable;
(b)
Administer salary and wage compensation programs;
(c)
Administer the program of employees' fringe benefits;
(d)
Serve as liaison with State Division of Pensions;
(e)
Administer Town safety programs;
(f)
Participate in labor negotiations; and
(g)
Any other duties as assigned by the Town Administrator.
(2)
The Deputy Town Administrator may concurrently serve as a director
of any other Town Department.
A.
The
following standing committees of the Board of Aldermen, consisting
of at least two Aldermen each (the Mayor is an ex officio officer
unless the Mayor is Chair or a member of a standing committee), shall
be appointed by the Mayor at the annual reorganization meeting:
B.
Committee
membership. The Mayor shall appoint a Chairman and two additional
Alderman to each of the nine standing committees named in this section,
except that the Mayor shall be chair of the Personnel committee.
C.
Appointment.
The Mayor shall appoint all committees, of which the Mayor shall be
a member, ex officio, of each such committee. In addition, the Mayor
shall see that all matters referred to the committees are acted upon
and reported promptly.
D.
Purpose
of standing committees. Standing committees are appointed to expedite
and facilitate the work of the Board of Aldermen, but only within
statutory limits, as the entire Board of Aldermen is held responsible
for any or all of its acts.
(1)
A standing committee shall:
(a)
Plan, stage and direct the committee within budgetary limitations
and carry on the routine activities for which it has primary responsibility.
(b)
Perform such acts as may be assigned to it by the Board of Aldermen
or the Mayor.
(c)
Report and make recommendations to the Mayor and/or Board of Aldermen
regarding its responsibilities and activities.
(d)
Meet at least three times per year.
(2)
Except as provided above, a standing committee shall not:
E.
Special
committees. Special committees may be appointed for purposes other
than those included in the duties of the standing committees.
F.
Reports
by committees. The Chairman of each standing or special committee
shall be prepared to report to the Mayor and Board of Aldermen at
each regular meeting on the principal activities and achievements
of his committee. He shall also prepare a report and submit it in
writing to the Mayor not later than December 1 of each year.
G.
Duties
of standing committees.
(1)
Finance committee. The Finance Committee shall have primary responsibility
for the following described activities and matters:
(b)
The initiation of foreclosure action and subsequent administration
and disposition of property acquired by the Town under foreclosure
of tax title liens.
(c)
The coordination of department budgets; the preparation of budgetary
figures relating to the activities above-mentioned; and the final
preparation and explanatory and continuing supervision of the entire
municipal budget.
(d)
The review, revision and all other matters pertaining to any insurance
coverage of the Town.
(e)
To serve as the liaison between the Board of Aldermen and the registered
municipal accountants and any other body or organization on fiscal
matters.
(2)
Police committee. The Police Committee shall have primary responsibility
for the following described activities and matters:
(4)
Public works committee. The Public Works Committee shall have primary
responsibility for the following described activities and matters:
(a)
The administration, practices, procedures and records of the following:
[1]
Road repairs, improvement, maintenance and cleaning, including
street openings.
[2]
Repair and maintenance of curbs.
[3]
Maintenance of and operation of the Public Works garage.
[4]
Maintenance of vehicles and other mechanical equipment, as assigned.
[5]
Off-street parking lots' repair, improvement and maintenance
and cleaning.
[6]
Stormwater collection and disposal.
[7]
Maintenance of publicly owned buildings and grounds.
[8]
Sanitary sewer collection and transmission system.
(5)
Recreation, Library and Education Committee. The Recreation, Library
and Education Committee shall meet with nonprofit and local civic
groups regarding recreation and education issues as well as library
services and shall have the primary responsibility and serve as liaison
for the Mayor and Board of Alderman with the Dover Board of Education
and the Dover Recreation Commission as well as the Dover Public Library
Board.
(6)
Health committee. The Health Committee shall have primary responsibility
for the following described activities and matters:
(7)
Economic Development and Redevelopment Committee. The Economic Development
Committee shall have the primary responsibility to perform studies
and make recommendations concerning economic development and redevelopment,
including but not limited to helping existing businesses grow, encouraging
new businesses to be started and attracting business from outside
the Town.
(8)
Personnel committee. The Personnel Committee shall have the primary
responsibility to periodically review policies and procedures for
inclusion in the Town's Personnel Manual as well as participate
in the grievance procedure as may be required by collective bargaining
agreements.
(9)
Engineering, Zoning, Construction and Code Enforcement Committee.
The Engineering, Zoning, Construction and Code Enforcement Committee
shall serve as the liaison between the Mayor and Board of Aldermen
and the Engineering, Zoning, Construction and Code Enforcement Departments.
A.
Forms of bills or claims. All bills or claims against the Town shall
be in writing, fully itemized and on such forms as the Town shall
provide for that purpose. As required by statute, they shall be sworn
to by the claimant before submission for approval and payment.
B.
Certification of claims; presentation; approval. All bills and claims
must be supported by a certification of the receipt of the goods or
the satisfactory rendering of the service or services by the responsible
person accepting the same on behalf of the Town and who may be held
accountable therefor.
C.
Presentation and approvals of vouchers.
D.
Presentation of checks for signature. The corresponding vouchers
shall accompany all checks in payment thereof when said checks are
presented to the Mayor, the Treasurer and to the Municipal Clerk for
signature.
E.
Storage of bills, vouchers and paid checks. All bills, vouchers and
paid checks shall be filed in a safe place and be made available for
public inspection.
A.
Proposal of amendments; consideration.
(1)
The Mayor or any member of the Board of Aldermen may propose amendments
to this chapter at any regular Board of Aldermen meeting or adjourned
regular meeting.
(2)
The Mayor will then appoint a special committee of three members
of the Board of Aldermen to consider the proposed amendments and,
in addition, may submit other suggested changes.
B.
Recommendations. The special committee will present its recommendations
at a regular meeting or adjourned regular meeting of the Board of
Aldermen.
C.
Vote for amendment. This chapter shall only be altered or amended
by a majority vote on a roll call taken at two successive regular
meetings or adjourned regular meeting of the Board of Aldermen.
A.
The appointment of a Municipal Attorney is hereby authorized for
a one-year term upon appointment by the Mayor with the advice and
consent of the Board of Aldermen.
B.
Duties. The Municipal Attorney shall direct and supervise all legal
matters of the Town and other related duties as assigned. He shall
attend meetings of the Board of Aldermen. He shall review and advise
on ordinances and resolutions. The Municipal Attorney shall prepare
or approve all legal instruments relating to the business of the Town.
The Municipal Attorney shall render legal advice and counsel as may
be required by the Mayor and/or Board of Aldermen; shall appear as
the attorney of record in their behalf; and shall draft all contracts,
resolutions, ordinances and documents normally and ordinarily required
in connection therewith. The Municipal Attorney shall receive such
compensation as provided in an annual agreement approved by resolution.
In addition, all disbursements incurred by the Municipal Attorney
shall be included in a monthly, itemized bill. "Disbursements" are
defined as any out-of-pocket expenses incurred by the Attorney in
connection with the provision of legal services to the Town.
C.
Additional duties. The Municipal Attorney shall also:
(1)
Maintain records of all actions, suits, proceedings and matters which
relate to the Town's interest and report thereon as the Mayor
or Board of Aldermen may require.
(2)
Have power to enter into any agreement, compromise or settlement
of any litigation in which the Town is involved, subject to the approval
of the Board of Aldermen.
(3)
When called upon by the Mayor, resolve any disputes or issues related
to the rules and procedures at any Board of Alderman Meeting.
(4)
Any other responsibility as provided for in the professional services
agreement.
D.
Upon the termination of his service with the Town, the Municipal
Attorney shall forthwith surrender to his successor all Town property,
papers and records together with a written consent to substitution
of his successor in any pending actions or proceedings.
The appointment of a Municipal Prosecutor is hereby approved
for a one-year term upon appointment by the Mayor with the advice
and consent of the Board of Aldermen. The Municipal Prosecutor shall
receive such compensation pursuant to the Salary Ordinance. The Municipal
Prosecutor shall represent the Town in all matters heard in the Town
of Dover Municipal Court. The Mayor, with the advice and consent of
the Board of Aldermen, may appoint additional or alternate Municipal
Prosecutors under the same terms and conditions as the Prosecutor,
as same may be required for the proper and orderly administration
of the Court. All Municipal Prosecutors shall be licensed to practice
law in the State of New Jersey.
A.
The Chief Financial Officer shall be appointed by the Mayor with
the advice and consent of the Board of Aldermen in accordance with
N.J.S.A. 40A:9-140.10 and is responsible for the proper financial
administration of the municipality and such other statutes and rules
and regulations promulgated by the Director of the Division of Local
Governmental Services, the Local Finance Board or any other state
agencies as may pertain to the administration of the municipality.
In addition to duties specified by the Revised Statutes of New Jersey,
the Chief Financial Officer shall perform the following duties:
(1)
Pursuant to all applicable statutes, codes, and laws, invest all
moneys of the Town not required for the current operations or deposit
same in interest-bearing accounts.
(2)
Make disbursements of Town funds on warrants by an individual warrant
check for each bill, claim, wage and salary payment as approved by
the Town Administrator. Every warrant shall be made payable to the
care of the person entitled to receive same and shall specify the
purpose for which it is drawn and the account or appropriation for
which it is chargeable. Each warrant check shall bear the signature
of at least two of the following: the Mayor, Municipal Clerk and Chief
Financial Officer.
(3)
Keep a full systematic account of all cash receipts and disbursements.
(4)
At least once a month, furnish the Mayor, Finance Committee Chairman
and Town Administrator with a statement of all moneys received and
expended by the Chief Financial Officer, subsequent to his last report.
(5)
Prepare for each regular meeting of the Board of Aldermen a certified
list of all bills, claims and vouchers which have been approved for
payment by the Town Administrator on the Thursday next preceding the
meeting and since the last preceding list was compiled. Such list
shall be on file with the Municipal Clerk.
(6)
Maintain the Town's central accounting records and a uniform
system of accounts for all departments in the Town government to facilitate
the production of an annual audit.
(7)
Pre-audit all bills, claims and demands against the Town, including
payrolls, for which each department head shall be required to certify
that the materials, supplies or equipment have been received or the
services rendered.
(8)
Obtain, at least once a month, reports of all receipts from each
department of the Town.
(9)
Maintain a budget appropriation commitment system.
(10)
Determine that sufficient uncommitted balances are available within
each appropriation to provide funds for the payment of all supplies
and service requests.
(11)
Keep books and records of accounts to show the amount of each appropriation,
the amount paid therefrom, the amount committed against, unpaid obligations
and unencumbered balance thereof.
B.
The Chief Financial Officer who has served the Town of Dover for
a period of not less than five consecutive years while holding a Municipal
Finance Officer certificate issued in accordance with P.L. 1971, c.
413,[1] and who thereafter is appointed as the Chief Financial
Officer of the Town of Dover, shall be granted tenure of office upon
the filing with the Clerk of the municipality and the Director of
the Division of Local Government Services in the Department of Community
Affairs a notification evidencing his compliance with this section.
[1]
Editor's Note: See N.J.S.A. 40A:9-140.1 et seq.
C.
The Chief Financial Officer who has held office continuously for
five consecutive years in the Town of Dover may continue to serve
in his current position and shall not be removed from office or denied
reappointment for failure to qualify as a certified municipal finance
officer pursuant to provisions of P.L. 1971, c. 413. However, any
such individual shall not be entitled to be appointed as the Chief
Financial Officer of the Town of Dover unless he possesses a Municipal
Finance Officer certificate.
A.
The Treasurer shall be appointed by the Mayor with the advice and
consent of the Board of Aldermen and shall serve for such time fixed
by law for treasurers and until his successor has been appointed and
qualified and shall be paid the sum provided in the employment contract
and conform to the Salary Ordinance. The Treasurer shall be the custodian
of Town funds committed to his keeping and shall perform such other
duties as are prescribed by the laws of the State of New Jersey and
by resolution of the Mayor and Board of Aldermen pertaining to the
office of Treasurer.
B.
Whenever a person has or shall have held the office of Municipal
Treasurer for 10 consecutive years, the governing body of the Town
of Dover may grant tenure in office to such person. In the event the
governing body fails to grant tenure in office to a Municipal Treasurer
who has held that office for 10 consecutive years, a petition may
be filed for a referendum vote on the question of whether the Municipal
Treasurer shall continue to hold office during good behavior and efficiency,
and he shall not be removed therefrom except for just cause and then
only after public hearing upon a written complaint setting forth the
charge or charges against him. The petition shall be signed by at
least 10% of the registered voters of the municipality and filed with
the Municipal Clerk. Upon the filing of the petition, the question
shall be submitted to the voters at the next general election which
shall occur not less than 60 days thereafter. The Municipal Clerk
shall cause the question to be placed upon the official ballot to
be used at the general election in the manner provided by law in substantially
the following form: "Shall the Municipal Treasurer continue to hold
office during good behavior and efficiency and not be removed therefrom
except for just cause and then only after public hearing upon a written
complaint setting forth the charge or charges against him?" Immediately
to the left of the question there shall be printed the words "Yes"
and "No," each with a square, in either of which the voter may make
a cross (x), or a plus sign (+) or check mark (✓) according to his
choice. There shall also be printed the following: "Place a cross
(x), or a plus sign (+) or check mark (✓) in one of the above
squares indicating your choice." Where voting machines are used, voting
thereon shall be equivalent to the foregoing. The election shall be
held in accordance with the general law relating to public questions
to be voted on in a single municipality at elections as provided for
by Title 19 (Elections) of the Revised Statutes.
A.
The Tax Collector shall be appointed by the Mayor with the advice
and consent of the Board of Aldermen and shall hold his office for
a term of four years from January 1 next following his/her appointment
and until his successor has been appointed and qualified and shall
be paid the sum provided in the employment contract and conform to
the Salary Ordinance. Vacancies other than due to the expiration of
term shall be filled by appointment for the unexpired term. The Tax
Collector shall have the duty of collecting and accounting for taxes
and assessments due to the Town of Dover, in addition to such other
duties as may be prescribed by the laws of the State of New Jersey.
The Tax Collector shall hold office such time as it is prescribed
by statute and shall be compensated at the annual salary established
in the Salary Ordinance.
B.
The Tax Collector, who shall be reappointed subsequent to having
received a Tax Collector certificate pursuant to Section 3 or 4 of
P.L. 1979, c. 384, or holds a Tax Collector certificate issued pursuant
to N.J.S.A. 40A:9-141, Section 2 of P.L. 1979, c. 384, and Section
6 of P.L. 1993, c. 25, and having served as Tax Collector or performed
the duties of Tax Collector for not less than four years immediately
prior to such reappointment, or shall have acquired tenure, shall
hold his office during good behavior, efficiency and compliance with
requirements for continuing education pursuant to Sections 6 and 7
of P.L. 1993, c. 25, notwithstanding that such reappointment was for
a fixed term of years, and he shall not be removed therefrom for political
reasons but only for good cause shown and after a proper hearing before
the Director or his designee in accordance with the provisions of
N.J.S.A. 40A:9-145.8. During the months of January, April, July and
October, the Tax Collector shall work according to a schedule set
by the Mayor and Board of Aldermen by resolution. The hours worked
by the Tax Collector and all deputies shall be monitored by the Town
Administrator.
The Tax Assessor shall be appointed by the Mayor with the advice
and consent of the Board of Aldermen and shall serve for a term of
four years from July 1 next following his appointment and until his
successor has been appointed and qualified and shall be paid the sum
provided in the employment contract and conform to the Salary Ordinance.
The Tax Assessor shall have and perform the duties of levying and
assigning all taxes and assessments on behalf of the Town of Dover
and of defending and upholding all such levies and assessments, pursuant
to the laws of the State of New Jersey.
The Municipal Auditor shall be appointed by the Mayor with the
advice and consent of the Board of Aldermen for a one-year term and
shall be paid the sum provided in the employment contract and conform
to the Salary Ordinance. The Town Auditor shall audit the books of
the Town offices and employees in conformance with the requirements
of the State of New Jersey and shall perform such other and additional
services as may be required of him.
A.
The Public Works Department shall be headed by a Director, known
as the Director of Public Works, which is established by ordinance.
The Director of Public Works shall be appointed by the Mayor with
the advice and consent of the Board of Aldermen and shall serve at
the pleasure of the Mayor. The Director of Public Works shall be an
unclassified position and not subject to the laws, regulations or
procedures of the Civil Service Act, N.J.S.A. 11A:1-1 et seq. The
Director of Public Works is a high-level municipal title and is a
subordinate officer as deemed necessary by the Mayor and Board of
Aldermen for the Town of Dover in compliance with N.J.S.A. 40A:62-6d.
The Director of Public Works shall receive such annual compensation
as shall be provided in the employment agreement and confirmed by
the Salary Ordinance.
B.
Duties of the Public Works Department include the cleaning of the
public streets, maintenance of sewers, removal and disposal of ashes,
garbage, refuse and waste matter and maintenance of parks and other
publicly owned buildings and grounds by the Town of Dover.
C.
Supervision of department. The Public Works Department shall be under
the supervision and control of the Director of Public Works. The Director
of Public Works shall be under the authority and the direction of
the Town Administrator as delegated by the Mayor and Board of Aldermen.
B.
Judge of Municipal Court. The Judge of the Municipal Court shall
have the qualifications, possess such tenure of office and have, possess
and exercise all the functions, powers, duties and jurisdiction as
is conferred upon such Judge by the provisions of N.J.S.A. 2A:8-1
et seq.[2] and as may be conferred upon him by law. The Municipal
Judge shall be appointed by the Mayor with the advice and consent
of the Board of Aldermen and shall serve until his successor has been
appointed and qualified in accordance with all applicable law and
regulations.
[2]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
C.
Court Administrator.
(1)
The Mayor shall appoint a Court Administrator for the Municipal Court.
Such Court Administrator shall be under direction and supervision
of the Judge of the Municipal Court at an annual salary as shall be
fixed by ordinance.
(2)
Duties. The Court Administrator shall perform the duties of the Director
of Municipal Court whenever necessary and in the absence or disability
of the Court Director.
(3)
The Court Administrator shall supervise, operate and maintain the
sound and recording system of the Municipal Court and the Director
of the Municipal Court of the Town of Dover, New Jersey, and shall
perform such other duties as may be authorized or required by the
Judge of the Municipal Court and subject to law.
A.
Purpose. It is the intent and purpose of this section to provide
for the defense of actions against, and the indemnification of, public
employees as permitted by N.J.S.A. 59:10-4.
B.
EMPLOYEE
PUBLIC EMPLOYEE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any elected or appointed official or any officer, employee
or servant, whether or not compensated or part-time, who is authorized
to perform any act or service; provided, however, that the term does
not include an independent contractor.
Any employee or former employee of the Town.
C.
Provisions for defense. The Town shall provide for the defense of
any action brought against a public employee on account of any act
or omission in the scope of his employment, and this obligation shall
extend to any cross action, counterclaim or cross complaint against
such employee.
D.
Exceptions. The provisions for defense shall not be applicable when
the Mayor and Board of Aldermen, through resolution, determine that:
(1)
The act or omission was not within the scope of employment.
(2)
The act or failure to act was because of actual fraud, willful misconduct
or actual malice.
(3)
The defense of the action or proceeding would create a conflict of
interest between the Town and the public employee.
(4)
The defense of the action or proceeding is provided for by an insurance
policy or policies, whether obtained by the Town or by any other person.
(5)
The public employee failed to deliver to the Municipal Clerk, within
10 calendar days after the time he is served with any summons, complaint,
process, notice, demand or pleading, the original or a copy of the
same.
(6)
The public employee has failed to cooperate fully with the defense.
E.
Methods of providing defense. The Town may provide any defense required
of it under this section through an attorney from the Morris County
Municipal Joint Insurance Fund or any potential successor carrier.
The Town shall in no event be responsible for costs or attorney's
fees incurred by anyone unless it shall have agreed in writing to
the terms of this representation.
F.
Control over litigation. Whenever the Town provides any defense required
of it under this section, the Town, through its Town Attorney or outside
counsel, may assume exclusive control over the representation of the
public employee, and such employee shall cooperate fully with the
defense.
G.
Indemnification.
(1)
In any case where the Town is required to provide a defense under
this section, the Town shall pay or shall reimburse the public employee
for the following:
(a)
Any bona fide settlement agreements entered into by the Town
on behalf of the employee.
(b)
Any judgments entered against the employee, including but not
limited to exemplary or punitive damages resulting from the employee's
civil violation of state or federal law if, in the opinion of the
Mayor and Board of Aldermen, the acts committed by the employee upon
which the damages are based did not constitute actual fraud, actual
malice, willful misconduct or an intentional wrong.
(c)
If the Town has failed, after reasonable notice, to provide
such required defense, all costs of defending the action, including
reasonable counsel fees and expenses, together with costs of any appeal.
(2)
In addition, in any case where the Town would be required to provide
a defense under this chapter, except for the fact that such defense
is provided for by insurance, the Town shall provide indemnification
as aforesaid, but only to the extent not covered by insurance.
(3)
Nothing in the section shall authorize the Town to pay for damages
resulting from the commission of a crime.
B.
INDIGENT DEFENDANT
MUNICIPAL COURT
MUNICIPAL PUBLIC DEFENDER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Municipal Court of the Town of Dover, County of Morris
and State of New Jersey.
A person as defined in Section 4 of P.L. 1997, c. 256[3] appointed to represent indigent defendants in proceedings
over which the Municipal Court has jurisdiction.
C.
Appointment. One Municipal Public Defender shall be appointed by
the Mayor with the advice and consent of the Board of Aldermen.
D.
Qualifications. The Municipal Public Defender shall be an attorney
at law of this state in good standing.
E.
Term. The Municipal Public Defender shall serve for a term of one
year from the date of his appointment and may continue to serve in
office pending reappointment or appointment of a successor. In addition
to any other means provided by law for the removal from office of
a public official, a Municipal Public Defender may be removed by the
governing body of the municipality for good cause shown and after
a public hearing and upon due notice and an opportunity to be heard.
Failure to reappoint a Municipal Public Defender for a second or subsequent
term does not constitute a removal from office in the meaning of this
section.
F.
Compensation. The Municipal Public Defender shall receive an annual
salary to be determined by the governing body, paid in equal monthly
installments. Compensation of the Municipal Public Defender for services
rendered pursuant to this section shall be in lieu of any and all
other compensation by the municipality. The Municipal Public Defender
shall also receive a fee, to be determined by the governing body,
for interlocutory appeals in the Superior Court.
G.
Duties of the Municipal Public Defender. It shall be the duty of
the Municipal Public Defender to represent, except in the case of
temporary unavailability or conflict of interest, any defendant charged
with an offense in Municipal Court who is an indigent municipal defendant
entitled to representation pursuant to P.L. 1997, c. 256.[4] The Municipal Public Defender shall be responsible for
handling all phases of the defense, including but not limited to discovery,
pretrial and post-trial hearings, motions, removals to Federal District
Court and other collateral functions reasonably related to the defense.
As used in this section, post-trial hearing shall not include de novo
appeals in Superior Court. The Municipal Public Defender shall represent
an indigent defendant charged in Municipal Court 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.
[4]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
H.
Private representation. The Municipal Public Defender may represent
private clients in any municipality, including the Town of Dover,
where he acts as a Municipal Public Defender, subject to the Rules
of Court governing the conduct of lawyers, judges and court personnel.
I.
Services and facilities of representation. All necessary services
and facilities of representation, including both expert and lay investigation
and testimony as well as other preparations, shall be provided in
every case. The municipality shall be responsible for payment or services
pursuant to this section. The factors of need and real value to a
defendant may be weighed against the financial constraints of the
municipality in determining the necessary services and facilities
of representation. The final determination as to necessity for services
required pursuant to this section shall be made by the Court. Nothing
in this section shall be deemed to require the municipality to pay
for expert and lay investigation or testimony for a period of one
year after the effective date of P.L. 1997, c. 256.[5]
[5]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
J.
Vacancy in office. If there is a vacancy in the office of Municipal
Public Defender, if the Municipal Public Defender is temporarily unavailable
or if a finding of conflict of interest precludes the Municipal Public
Defender from representing an indigent defendant, the Municipal Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. The rate of payment
for such appointed attorney shall be $100 per case. Payment to such
attorney is to be made within 30 days of appointment. Once appointed,
the attorney shall carry out all duties of Municipal Public Defender
in connection with the case that is the subject of the appointment.
K.
Confidentiality. All communications between the indigent defendant
and the Municipal Public Defender or any other attorney appointed
to act as a Municipal Public Defender on a particular case shall be
fully protected by the attorney-client privilege to the same extent
and degree as though counsel had been privately engaged. This shall
not preclude the use by the Municipal Public Defender of privileged
material for the preparation and disclosure of statistical, case study
and other sociological data, provided that in any such use there shall
be no disclosure of identity of or means for discovery of the identity
of particular defendants.
L.
Eligibility.
(1)
Eligibility for the services of a Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection L(4) below. Need shall be measured according to Section 14 of P.L. 1967, c. 43 (N.J.S.A. 2A:158A-14) and guidelines promulgated by the New Jersey Supreme Court.
(2)
In the event that a determination of eligibility cannot be made before
the time when the first services are to be rendered or if an initial
determination is found to be erroneous, the Municipal Court shall
refer the defendant to the Municipal Public Defender provisionally;
and, if subsequently it is determined that the defendant is ineligible,
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his own counsel and to reimburse the municipality
for the costs of the services rendered to that time.
(3)
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation pursuant to P.L. 1997,
c. 256,[6] and shall have the authority to require a defendant 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 aid in evaluating
eligibility. The Court is authorized to obtain information from any
public record, office of the state or of any subdivision or agency
thereof on request and without payment of fees ordinarily required
by law.
[6]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
(4)
Whenever a person entitled to representation by a Municipal Public
Defender pursuant to this section is under the age of 18 years, the
eligibility for services shall be determined on the basis of the financial
circumstances of the individual and the financial circumstances of
the individual's parents or legal guardian. The municipality
shall be entitled to recover the costs of legal services from the
parents or legal guardians as set forth below, and the Municipal Court
shall have authority to require parents or legal guardians to execute
and deliver the written requests for authorizations required under
applicable law in order to provide the Court with access to records
of public or private sources, otherwise confidential, as may be of
aid to it in evaluating eligibility.
(5)
If the defendant has or reasonably expects to have means to meet
some part, though not all, of the cost of the services rendered, the
defendant shall be required to reimburse the municipality, either
by a single payment or in installments in such amounts as he can reasonably
be expected to pay, but no default or failure in making payment shall
affect or reduce the rendering of services.
M.
Lien of municipality.
(1)
The Town shall have a lien on any property to which the defendant
shall have or acquire an interest in for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to P.L. 1997,
c. 256,[7] as calculated at the same rate as the office of the Public
Defender bills clients at that time.
[7]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
(2)
To effectuate such lien for the municipality, the Municipal Attorney
shall file a notice setting forth services rendered to the defendant
and the reasonable value thereof with the Clerk of the Superior Court.
The filing of the notice with the Clerk of the Superior Court shall
constitute a lien on property for a period of 10 years from the date
of filing, unless discharged sooner, and, except for such time limitations,
shall have the force and effect of a judgment. Within 10 days of the
filing of the notice, the Municipal Attorney shall send by certified
mail, or serve personally, a copy of the notice with a statement of
the date of the filing to or upon the defendant at the defendant's
last known address. If the Municipal Attorney shall fail to give notice,
the lien is void.
(3)
The Municipal Attorney is authorized to compromise and settle any
claims for services performed pursuant to this section whenever the
financial circumstances of the person receiving the services are such
that, in the judgment of the Municipal Attorney, the best interests
of the state will be served by compromising settlement.
(4)
The Municipal Attorney, in the name of the municipality, may do all
things necessary to collect any money due to the municipality by way
of reimbursement for services rendered by a Municipal Defender pursuant
to this section. The Municipal Attorney may enter into arrangements
with any state or county agency to handle collections on a cost basis.
The Municipal Attorney shall have all the remedies and proceedings
available for collection which are available for or upon the recovery
of a judgment and a civil action and shall also be permitted to collect
counsel fees and costs from the defendant for such collection action
so that the same are not borne by the municipality.
N.
Application fee; waiver. There is required of all persons applying
for representation by the Municipal Public Defender or Court-approved
counsel an application fee of not more than $200, but only an amount
necessary to pay the costs of the Municipal Public Defender's
services. In accordance with guidelines promulgated by the Supreme
Court, the Municipal Court may waive any required application fee,
in whole or in part, or 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 person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
O.
Dedicated fund. Funds collected pursuant to Subsection N of this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Town. Such funds shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony. In the event that the division of Local Government Services, during its annual review beginning in 1999 of the municipal budget, determines that the amount of money in a dedicated fund established pursuant to P.L. 1997, c. 256,[8] exceeds by more than 25% the amount which the municipality
expended during the prior year providing the services of the Municipal
Public Defender, such amount in excess of the amount expended shall
be forwarded to the Criminal Disposition and Review Collection Fund
administered by the Victims of Crime Compensation Board.
[8]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
A.
Establishment. There is hereby established in the Town of Dover the
Department of Code Enforcement.
B.
Personnel. The Department of Code Enforcement shall consist of a
Chief Code Enforcement Officer and those additional Code Enforcement
Officers as may be deemed appropriate and necessary by the Town Administration.
The Code Enforcement Officers shall be under the direct supervision
of the Chief Code Enforcement Officer, and the Chief Code Enforcement
Officer shall be under the supervision of the Town Administrator.
C.
Duties. The Chief Code Enforcement Officer and Code Enforcement Officers
shall enforce the Property Maintenance Code, Zoning Code, Solid Waste
Disposal Code and Recycling Code of the Town of Dover, as well as
enforce the multiple dwelling laws, regulations and ordinances of
the Town of Dover and State of New Jersey.
Within the office of the Municipal Clerk, there shall be a Bureau
of Central Licensing, which shall contain a License Inspector. Under
the direction, supervision and final authority of the Municipal Clerk,
the Bureau shall administer and enforce the licensing ordinances of
the Town with respect to the following matters and subjects:
A.
Newsstands;
B.
Canvassers and solicitors;
C.
Taxicabs and limousines;
D.
Vendors and peddlers;
E.
Auctioneers;
F.
Pawn shops;
G.
Junkyards;
H.
Sound trucks;
I.
Dance halls, pool and billiard parlors, bowling alleys and coin-operated
amusements;
J.
Such additional and other licenses as may be provided by ordinance
or statute except as this Code otherwise provides;
K.
Films or movie shoots;
L.
Dog licenses shall be issued by the bureau of central licensing under
the supervision of the Chief License Inspector, but the control of
the Dog Warden and the assistants and enforcement of all ordinances
pertaining to dogs shall remain the responsibility of the Health Department;
M.
Autobuses. The functions of the administration and enforcement of
all ordinances in connection with autobuses are the responsibility
of the Bureau of Central Licensing under the supervision of the Chief
License Inspector;
N.
Florists;
O.
Garage sales;
P.
Towing/tow trucks;
Q.
Private open-air parking permits;
R.
Secondhand dealers;
S.
Sidewalk sales;
T.
Solicitation of contributions from motorists in roadways;
U.
Donation clothing bins;
V.
Theaters;
W.
Traveling shows and kiddie rides;
X.
Window display areas.
The Mayor with the advice and consent of the Board of Aldermen
shall, by resolution, appoint a Municipal Engineer and fix his compensation
on an annual salary as set forth in the employment contract and conform
to the Salary Ordinance. The Municipal Engineer shall serve for a
three-year term and until his successor has been appointed and qualified.
A.
Duties. The Municipal Engineer shall perform such duties as are prescribed
by general law and ordinance and in addition shall:
(1)
Prepare or cause to be prepared plans, designs and specifications
for public works and improvements undertaken by the Town.
(2)
Provide and maintain surveys, maps, plans, specifications, estimates
and control records with respect to public works and facilities owned
or operated by the Town, or to be acquired or built.
(3)
Provide technical and engineering advice, estimates and review of
plans and assistance to other Town departments as needed.
(4)
Attend meetings of the Board of Aldermen, Planning Board and Zoning
Board of Adjustment as needed.
(5)
Report to the Town Administrator on a monthly basis as to the status
of all duties he or she is undertaking on behalf of the Town.
B.
All papers, documents, memoranda, reports and other materials relating
to the administration of engineering duties of the Municipal Engineer
shall be and remain the property of the Town. Upon the termination
of his services with the Town, the Municipal Engineer shall forthwith
surrender to any successor all such property.
A.
All ordinances, resolutions and regulations, or parts of ordinances,
resolutions and regulations, inconsistent herewith are hereby repealed
to the extent of such inconsistency.
B.
If any section, paragraph, article, subdivision, clause or provision
of this chapter shall be judged invalid, such adjudication shall apply
only to the section, paragraph, article, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.