[Ord. No. 3158, 7-26-1988, § 2-1.1]
This chapter shall be known as the "Charter/Administrative Code
1988."
[Ord. No. 3158, 7-26-1988, § 2-1.2; amended
by Ord. No. 3196, 1-24-1989, § 1; Ord. No. 3389, 4-12-1994 § 1]
The Township government under the Council-Manager Plan shall
consist of the Council and the offices, departments, boards and bodies
set forth below:
(b)
Offices. The Council hereby continues and/or creates the following
separate Offices of the Township, the head of each to be appointed
by the Council pursuant to the Charter or by law. Each Office shall
have those powers and duties as set forth in the Charter or by law:
(c)
Departments. The Council hereby continues and/or creates the following
separate departments of the Township, the head of each to be appointed
by the Manager pursuant to the Charter or by law. Each department
shall have those powers and duties as set forth in the Charter or
by law:
(d)
Boards and bodies. The Council hereby continues and/or creates the
following separate boards and bodies, the members of each to be appointed
pursuant to the Charter or by law. Each such board or body shall have
those powers, duties and responsibilities as set forth in the Charter
or by law. Except as otherwise provided by law, all members of each
of said boards and bodies shall either be residents of the Township
or employed in the Township or have a business or economic interest
in the Township and shall serve without compensation except as otherwise
specifically provided in the Charter or by law:
(11)
Local Emergency Planning Council, as provided for in Article XXVI of the Charter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(14)
Municipal Ethics Board, as provided for in Article XXIX of the
Charter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Ord. No. 3158, 7-26-1988, § 2-1.3]
The definitions and other general provisions of all statutes
of the State of New Jersey and its general laws, ordinances, rules
or other regulations shall apply to this Charter. For the purpose
of this chapter and in the interpretation of all other ordinances
and resolutions heretofore or hereafter adopted by the Township, except
where the context of said ordinance or resolution may specifically
require, the following terms shall have the meanings indicated:
Any agency continued or created pursuant to the Charter,
whether denominated as a "committee," "Council," "board," "agency,"
"task force" or other similar name.
The Council-Manager Plan of government law pursuant to N.J.S.A. 40:69A-81 et seq., together with the provisions of this Chapter 2, entitled "Charter/Administrative Code 1988."
The Township Clerk appointed pursuant to the Charter.
The provisions of the Code of the Township of Teaneck, New Jersey, including the provisions of this Chapter 2, entitled "Charter/Administrative Code 1988."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The elected Township Council created and constituted pursuant
to the Charter.
An organizational unit of the Township government, the head
of which shall be appointed by the Manager, as established by the
Charter.
The Township Manager appointed pursuant to the Charter.
An organizational unit of the Township government, the head
of which shall be appointed by the Council, as established by the
Charter.
The Township of Teaneck, Bergen County, New Jersey, and shall
be construed as if the words "of Teaneck" followed it.
[Ord. No. 3158, 7-26-1988, § 2-1.4]
For the purpose of the Charter and Code and any ordinances heretofore
or hereinafter adopted, except as the context shall specifically provide:
[Ord. No. 3158, 7-26-1988, § 2-1.5; amended
by Ord. No. 3162, 8-9-1988, § 1]
(a)
All existing ordinances and parts of ordinances and amendments and supplements thereto shall, unless specifically repealed herein, be continued in full force and effect until repealed or modified pursuant to law, to the extent that such ordinances are not in conflict with the Charter or Code or the Council-Manager Plan of government law pursuant to N.J.S.A. 40:69A-81 et seq. To the extent that local ordinances vary from state statute, the state statute shall apply. To the extent that this Charter is at variance with any other provision of the Code or of any ordinance, this Charter shall apply and the sections of the Code or that ordinance at variance with the Charter shall be deemed as repealed. Each and every one of the provisions of Chapter 2, entitled "Administration," in effect prior to July 1, 1988, are hereby repealed and replaced by the within Chapter 2, entitled "Charter/Administrative Code 1988." All references in any prior ordinance to any board, body, department or office shall be taken and construed to mean such board, body, department, officer or office to which the respective functions, powers and duties are allocated and assigned by the Charter or the Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
On the effective date of this chapter, all personnel and all records
and property of the Township relating thereto, except as otherwise
provided by the Charter, are transferred to the respective departments,
offices and boards and bodies to which their functions, powers and
duties are allocated and assigned by the Charter. All officers and
employees who were in the classified service of the civil service
on the effective date of the Charter are transferred to the appropriate
department, office, board or body to which their respective functions,
powers and duties are allocated and assigned by the Charter, and they
shall not by such transfer be adversely affected in seniority, promotion
or salary rights, as provided by Title 11A (Civil Service) (N.J.S.A.
11A:4-16). Pursuant to N.J.S.A. 40:69A-207, all officers or employees
whose positions are designated in this statute or who hold office
by any tenure of office law, or who have tenure pursuant to Title
11A of the Revised Statutes (Civil Service), or any amendment thereto,
as of 12:00 noon on July 1, 1988, shall retain and continue their
tenure of office. All transfers herein shall be pursuant to N.J.S.A.
11A:4-16.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The repeal provided for above or below in this chapter shall not
affect any offense or act committed or done or any penalty or forfeiture
incurred or any contract or right established or accruing prior to
the effective date of this chapter, nor shall it affect any prosecution,
suit or proceeding pending or any judgment rendered prior to said
date; nor shall such repeal affect any ordinance or resolution promising
or guaranteeing the payment of money for the Township or authorizing
the issue of any bonds of the Township or any evidence of the Township
indebtedness or any contract or obligation assumed by the Township;
nor shall it affect the annual tax levy; nor shall it affect any right
or franchise conferred by ordinance or resolution of the Township
on any person or corporation; nor shall it affect any ordinance adopted
for purposes which have been consummated; nor shall it affect any
ordinance which is temporary, although general in effect, or special,
although permanent in effect; nor shall if affect any ordinance relating
to the salaries, pensions or other benefits of the Township officers
or employees; nor shall it affect any ordinance naming, renaming,
opening, accepting or vacating streets or alleys in the Township;
nor shall it affect the Building Code, commonly called the "Book of
Practice"; nor shall it affect any ordinance relating to zoning; nor
shall it affect any ordinance adopted on final reading and passage
after the effective date of this chapter.
(f)
It is hereby declared to be the intention of the Township Council
that the sections, paragraphs, sentences, clauses and phrases of this
chapter and the Charter hereby adopted are severable, and if any phrase,
clause, sentence, paragraph or section of this chapter or the Charter
hereby adopted shall be declared unconstitutional or otherwise invalid
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this chapter or the Charter hereby adopted.
(g)
This chapter shall take effect after publication thereof after final
passage, as provided by law.
[Ord. No. 3158, 7-26-1988, § 2-1.6]
The Township Seal, as heretofore adopted and in use on the effective
date of this chapter, shall continue to be the legal Seal of the Township.
