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Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 1308 as Ch. 2.28 of the 1998 Code]
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 or Acting Administrator may designate a qualified person to serve in such office temporarily 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 or such vacancy is filled by appointment.
A. 
Every officer or employee of the Township who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of public moneys or funds, and any other officer or employee who may be required so to do by the Committee, shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by resolution of the Committee or as determined by state statute or regulations, binding him to the Township in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute such a bond with sufficient surety and deliver his bond to the Clerk, except that the Clerk shall deliver his bond to the Chief Financial Officer[1] or Administrator before he enters upon the discharge of the duties of his office.
[1]
Editor's Note: At the Township's direction, the term "Treasurer" was changed to read "Chief Financial Officer" pursuant to Ord. No. 935, adopted 2-7-1989.
B. 
If any officer or employee shall neglect to execute and deliver his bond as herein required within 30 days after due notification of election or appointment, his office may be declared vacant by the Committee.
C. 
In every case in which any person is required by the laws of the state or by any ordinance to give bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this state, and the premium therefor shall be paid by the Township. Each such bond shall be approved by the Township Attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.
Upon the termination of the term of office or the employment of any officer or employee, he shall forthwith deliver to his successor or, if there is no successor, to the Clerk or other person who may be designated by the Committee to receive the same, all moneys, papers, books, memoranda, accounts and data of any nature whatever pertaining to his office.
A. 
Conflicts of interest. No officer or employee shall be interested, directly or indirectly, in any contract or job for work or materials, or in the profits thereof, to be furnished or performed for the Township or for any public or private utility operating within the territorial limits of the Township.
B. 
Special privileges. No officer or employee shall accept or receive, directly or indirectly, from any person or agency operating any public or private utility under franchise within the territorial limits of the Township, any frank or any pass, ticket or service either free or on terms more favorable than those granted to the public generally.
C. 
Promises or rewards. No officer, appointee or employee and no candidate for office, appointment or employment shall directly or indirectly give or promise any office, position, employment, benefit or thing of value to any person for the purpose of influencing or obtaining his political support, aid or vote, under the penalty of being disqualified to hold the office or employment to which elected or appointed.
A. 
Any person who shall violate any provision of § 49-4 above shall, upon conviction thereof in a court of competent jurisdiction, forfeit his office.
B. 
Any person convicted of a crime or offense involving moral turpitude shall be ineligible to assume any office, position or employment governed pursuant to this article. Upon conviction thereof while in office, he shall forfeit his office; provided that any such person who, in the opinion of the appointing authority (and the Civil Service Commission for employees subject to the Civil Service Law), has achieved a degree of rehabilitation such that his employment would not be incompatible with the welfare of society and the aims and objectives of the Township, may be considered eligible to apply for employment or to be continued in employment.
A. 
Any person hereafter elected or appointed to any office or position governed under this article may be removed from office by the Committee, in its discretion, if, after lawful notice or process, he shall willfully refuse or fail to appear before any court, any legislative committee or the Governor, or, having appeared, shall refuse to testify or to answer any question regarding the property, government or affairs of the Township 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 relation to which he may be asked to testify.
B. 
No person removed from office pursuant to this section shall thereafter be eligible for election or appointment to any office or employment in the Township.
No person shall directly or indirectly communicate in any way with any member of any board or commission of the Township as to any adjudicative matter which is or which may reasonably be expected to be pending before such board or commission, for the purpose of influencing a member of such board or commission, unless a full disclosure of such communication is simultaneously made available to the other party or parties in interest with respect to such matter. This shall not apply to any communication by a member of the Committee or by any other officer or employee in the performance of his official duties.