Township of Teaneck, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord.No. 3158, 7-26-1988, § 2-31.1]
Pursuant to N.J.S.A. 40A:5-4, there shall be an Auditor appointed by the Council, who shall be certified and licensed by the State of New Jersey as a registered municipal accountant. He shall make such periodic reports as required by the Council and shall make such annual (or more frequent where required) audits of all municipal accounts, in accordance with state law and regulations and in conformity with good accounting practice and procedures.
[Ord. No. 3158, 7-26-1988, § 2-31.2; Ord. No. 3707, 3-26-2002, § 1; Ord. No. 3711, 5-7-2002, § 1]
(a) 
General. The Council shall fix and determine the minimum and maximum salary rannges of each officer and employee and may prescribe the conditions under which the salary of any officer or employee may be increased from time to time within the salary range. Unless otherwise provided by the Council, the Manager shall fix all salaries within the salary ranges established by the Council.
(b) 
Payment of salaries and wages. Unless otherwise provided by the Council, the salaries of all Township officers and employees shall be paid in 24 equal installments. Salary payments for vacation periods may be made in advance with the approval of the Municipal Manager.
[Ord. No. 4088, 8-19-2008, §§ 1-4]
(a) 
Pursuant to N.J.S.A 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
(1) 
Municipal Manager;
(2) 
Municipal Engineer;
(3) 
Municipal Prosecutor;
(4) 
Municipal Court Judge;
(5) 
Superintendent of Recreation;
(6) 
Legal Assistant to the Planning Board; and
(7) 
Legal Assistant to the Board of Adjustment.
(b) 
Individuals in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
(1) 
Certified Health Officer;
(2) 
Tax Collector;
(3) 
Chief Financial Officer;
(4) 
Construction Code Official;
(5) 
Qualified Purchasing Agent;
(6) 
Tax Assessor;
(7) 
Registered Municipal Clerk;
(8) 
Licensed Uniform Subcode Inspector; and
(9) 
Principal Public Works Manager.
(c) 
If an individual is appointed to one of the positions listed in Subsection (a) and the individual is not serving in a position as described in Subsection (b) above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
(1) 
Was an active participant in the Public Employee Retirement System on July 1, 2007, and continuously since that time; or
(2) 
Has been appointed pursuant to a valid promotional process; or
(3) 
Is appointed on a temporary, interim, or "acting" basis to a position requiring state certification as set forth in Subsection (b) herein, and is in pursuit of the required certification; or
(4) 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
(d) 
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 3158, 7-26-1988, § 2-31.3.]
(a) 
Established; payments authorized. There is hereby established an insurance program for the benefit of the Township employees and the members of their immediate families, as set forth in applicable law. Payment of premiums for such insurance is hereby authorized from the current operating funds as established in the annual budget of the Township. All payments made under this program shall be treated as additional compensation to the individual employees of the Township. The foregoing is subject to current self-insurance regulations.
(b) 
Amount of insurance; persons covered. This program shall include a coverage of all nonseasonal full-time employees and shall be governed pursuant to current labor agreements.
(c) 
Amendments and implementation of program; intent. This insurance program may be amended, implemented and modified, from time to time, within the framework and intention of this plan set forth herein by resolution duly adopted by the Council. It is intended to cover present employees and employees who may become duly qualified for coverage hereunder. This insurance program shall not entitle any employee or other person hereunder to receive remuneration in lieu of accepting the benefits of this program.
(d) 
Ratification of prior insurance. This article shall be deemed to ratify all insurance now in force or heretofore in force in conformity with this plan.
[Ord. No. 3158, 7-26-1988, § 2-31.4.]
(a) 
Election of Township to participate in state program. The Township hereby elects to participate in the program provided by the New Jersey State Health Benefits Program Act (P.L. 1964, c. 125)[1] or any other program that the Township elects to participate in, to become a participating employer and to authorize coverage for all the employees and their dependents thereunder, in accordance with the statute and regulations adopted by the State Health Benefits Commission, or any successor agency.
[1]
Editor's Note: See N.J.S.A. 52:14-17.25 et seq.
(b) 
Payments. The Township will pay and remit to the state treasury contributions to premiums on account of employee coverage and periodic charges in accordance with the requirements of the statute and the rules and regulations duly promulgated thereunder.
(c) 
Township Treasurer to act as certifying agent. The Township Treasurer is hereby appointed to act as certifying agent in the administration of this program.
(d) 
Effective date. Coverage under such act shall be effective as of October 1, 1965.
(e) 
Employees not to receive remuneration in lieu of accepting benefits or program. This insurance program shall not entitle any employee or other person hereunder to receive remuneration in lieu of accepting the benefits of this program.
[Ord. No. 3158, 7-26-1988, § 2-31.5.]
(a) 
All the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department shall be carefully and conveniently filed, kept and preserved, and be and remain the sole property of the Township, and shall not at any time be removed from the offices of such department except when required for use in official business, and shall then be returned to such office without delay. Each department head shall be responsible for enforcing the requirements of this section in his department. This section shall be subject to the provision of the Destruction of Public Records Law (1953) (N.J.S.A. 47:3-15 et seq.).
(b) 
All public documents and records shall, during office hours, be open to public search, inspection and examination, subject to and within the limitations prescribed by law, and provided that such search, inspection and examination may be made under such regulations as the officer having custody of such records, books and documents shall establish for the safety and preservation thereof and subject to reasonable restrictions on the use of Township personnel and facilities.
[Ord. No. 3158, 7-26-1988, § 2-31.6.]
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 be no successor, to the Clerk or other person who may be designated by the Manager to receive the same all moneys, papers, books, memoranda, accounts and data of any nature whatever pertaining to his office.
(a) 
Fiscal year. The fiscal year of the Township shall begin on the first day of January and end on the 31st day of December in each year, as provided by law.
(b) 
Budget preparation; general.
(1) 
During the month of October in each year, all department heads shall submit to the Manager requests for appropriations for the next ensuing budget year. Each department head shall appear at the public hearing on his budget requests and shall then justify the request in terms of work to be performed, service to be rendered or programs to be administered.
(2) 
Budget requests shall be in such form and detail as the Manager shall prescribe. The Manager shall promptly refer to the Planning Board all departmental requests and proposals relating to capital projects.
(3) 
At such time annually as shall coordinate with the requirements of state laws and regulations, the Planning Board shall prepare and submit to the Manager a capital program for the ensuing six fiscal years.
(4) 
Pursuant to law, the Manager shall submit to the Council his tentative budget, together with such explanatory comment or statement as he may deem desirable. The budget shall be in such form as required by law for municipal budgets. It shall, in addition, include a current operation section and a capital section, together with detailed analyses of the various items of expenditure and revenue and to the extent feasible, appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating expenditures and projected annual costs of operation, maintenance and debt service for capital expenditures.
(c) 
Capital program and budget.
(1) 
The capital section of the Manager's budget shall include a capital program for the ensuing six years, including:
a. 
A clear summary of its contents.
b. 
A list of all capital improvements which are proposed to be undertaken during the six fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements.
c. 
Cost estimates, method of financing and recommended priorities and time schedules for each such improvement.
(2) 
The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.
(d) 
Capital program. In the capital section of the budget document, the Manager shall include such capital projects and outlays as he may select from the capital program for the current capital budget, together with the relevant explanation and justification.
(e) 
Council action. The Council will consider and act upon the Manager's recommended budget in accordance with the requirements of the Local Budget Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:4-1 et seq.
(f) 
Budget operation. Budget appropriations shall be controlled by an encumbrance system which shall be prescribed or approved by the Manager. The Manager may establish quarterly or such other periodic allotments of appropriations as he may deem desirable. Each Department shall plan and administer its work program within the limits of such allotments, and no commitments shall be incurred in excess of any such allotment except upon written authorization of the Manager.
(g) 
Contracts generally. Within the limits of available appropriations, the Mayor is authorized to negotiate contracts and other legally binding obligations for the Township, subject to approval of the Council. Any such contractual document shall be signed by the Manager, approved by the Treasurer as within an unencumbered and unexpended balance of appropriations therefor, and approved by the Township Attorney for legal form and sufficiency. Purchase orders for which a formal contract is not required by the Charter or by law may be authorized by the Manager within the limits of available appropriations.
(h) 
Awards of contracts. Where contracts are let by competitive bidding pursuant to law, the Council shall be the Township's contracting agent for the purposes of the Local Public Contracts Law.[2] It may award the contract in the manner prescribed by law and shall report thereon at its next meeting all such bids and awards.
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(i) 
Audit, warrant and payment of bills and claims; listing.
(1) 
All bills, claims and demands against the Township shall be deemed approved or disapproved by the Council in accordance with the action of the Treasurer. A voucher on a form prescribed by the Treasurer and approved by the Manager shall be presented for each bill, claim or demand and shall be paid only upon the audit, warrant and approval of the Treasurer. Disbursement shall be made by a combination warrant - bank check warranted by the Mayor and countersigned by the Treasurer, except that payroll checks may be safeguard by the Treasurer alone upon voucher and warrant of the Manager for a total payroll.
(2) 
The Treasurer shall prepare for each regular meeting of the Council a list of all bills, claims and vouchers which have been paid. Such list shall be filed with the Clerk as a public record open to examination in his office, and he shall note such filing in his minutes together with a total of each listing.
(j) 
Central payroll. Salaries, wages and other compensation of all officers and employees shall be paid as provided for in Section 2-150(b). The head of each department shall notify the Manager, at such times and in such form as the Manager shall prescribe, of the names and positions of all persons employed in or by the Department who are entitled to be paid in the next ensuing payroll. Upon warrant of the Manager, the Treasurer shall complete a central payroll and prepare the necessary checks for signature. The Council, from time to time, may order a payroll audit
(k) 
Surety bonds. Every officer or employee of the Township who, by virtue of his office or position or of any law, is entrusted with the receipt, custody or expenditure of public moneys or funds of the Township and any other officer or employee who may be required to do so by the Council 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 Council, (if not already covered by the Self-Insurance Fund) 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 this section or otherwise to give bond shall execute such a bond with sufficient surety and file the same as provided in the Charter.
[Ord. No. 3158, 7-26-1988, § 2-31.7; Ord. No. 3162, 8-9-1988, § 12; Ord. No. 3174, 1-25-1988, § 10; Ord. No. 3707, 3-26-2002, § 2.]
(a) 
Title. This section shall hereafter be known and cited as the "Indemnification of Municipal Employees, Appointees and Officials."
(b) 
Definition. As used herein, "official" or "municipal officer" shall mean a present or former municipal employee, appointee, official, elected official or member of the various boards or bodies of the Township.
(c) 
Civil actions.
(1) 
The Township is hereby authorized to provide for the defense of actions brought against its officials and to indemnify such officials to the extent hereinafter set forth and shall save harmless and protect such persons from any financial loss resulting from litigation.
(2) 
The obligation of the Township to defend and indemnify its officials for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the Township itself would be liable for the acts of its officials under the doctrine of respondeat superior except for actions brought pursuant to 42 U.S.C. § 1983 (civil rights cases).
(3) 
In the event that an official or municipal officer is required to defend an action relating to his position subsequent to leaving office or municipal employment, the terms, conditions and provisions of this section shall apply.
(4) 
In the event that the official or municipal officer is being sued for exemplary or punitive damages, the Township shall indemnify said official or municipal officer with respect to the same only if, in the opinion of the Township Council, the acts committed by the official or municipal officer upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong, all pursuant to N.J.S.A. 59:10-1 et seq, including but not limited to N.J.S.A. 59:10-4.
(d) 
Criminal actions. The Township shall defray the costs of defending any criminal action against any official (if the underlying allegations of said criminal action reasonably relate to or arise from the official's execution of his official duties), provided that:
(1) 
It is authorized by state statute, municipal ordinance (and the Charter hereby authorizes the same) or by resolution, and provided that the criminal proceedings have been dismissed or result in a final disposition in favor of the official.
(2) 
The Council determines that there is not good cause to dismiss the official arising out of the incident or related incidents of the criminal proceedings.
(e) 
Limitations. The Council shall not approve indemnification of the defense of any action if:
(1) 
In the opinion of the Township Council the act or omission complained of was not within the scope of employment or authority, pursuant to N.J.S.A. 59:10-1 et seq., including but not limited to N.J.S.A. 59:10-4.
(2) 
In the opinion of the Township Council the act or omission complained of was not within the scope of employment or authority, pursuant to N.J.S.A. 59:10-1 et seq., including but not limited to N.J.S.A. 59:10-4.
(3) 
The defense of the action or proceeding would create a conflict of interest between the Township and the official involved;
(4) 
There exists policies of insurance, either obtained by the Township or by another by virtue of which the municipal official is entitled to a defense of the action in question from the insurer. In the event that the aforesaid insurance covers less than an entire defense to the particular action, indemnification shall be approved for that part of the defense not covered by insurance;
(5) 
The municipal official has failed to deliver to the Council within 14 days of the time he or she is served with any summons, complaint, process, notice, demand or pleading the original or copy of such document, or thereafter fails to cooperate with the Township in the defense of the matter;
(6) 
The official fails to request the defense of any action; and
(7) 
The action was brought by the Township.
(f) 
Method to provide for the defense of actions. If the Council determines to provide a defense as authorized herein, the Council may use one of the following methods:
(1) 
The Township Attorney, if the Township Attorney and the official or municipal officer requiring defense determine that there is no ethical conflict created by said representation;
(2) 
Hiring an attorney of its choice and paying the same directly; or
(3) 
Reimbursing the municipal official for reasonable attorney's fees expended or obligated to be expended by such official in the defense of the action, such fees to be agreed upon in advance.
(g) 
Additional provisions. In addition to the provisions hereof, all officials of the Township shall be entitled to defense and indemnification as provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.
(h) 
Costs. All costs of defense and legal fees to be provided herein by the Township shall be calculated as reasonable prevailing fees as charged in the County of Bergen at the time they are incurred, and the Township shall only be responsible to that extent. In the event of a dispute as to the reasonableness of any fee to be paid by the Township in defense of an official or municipal officer, as provided herein, either party may seek review before the Superior Court of New Jersey, Bergen County, for adjudication, each party to bear his own cost for such proceedings.
[Ord. No. 3158, 7-26-1988, § 2-31.8; Ord. No. 3517, 9-30-1997, §§ 1, 2, 3 and 4.]
The Appendixes annexed hereto are incorporated herein by reference and made a part of this chapter as if they were fully set forth herein:
(a) 
Appendix I, Council Rules of Procedure.
(b) 
Appendix II, Code of Ethics.
(c) 
Appendix III, Fees and Charges for Certain Township Services.
[Ord. No. 3158, 7-26-1988, § 2-31.9.]