A.
Officers and employees. Officers and employees shall receive such
compensation as may be provided by ordinance heretofore or hereafter
adopted.
B.
Department and division heads. Until otherwise provided by ordinance,
compensation shall be paid beginning July 1976 for department and
division heads at annual rates. The present salaries of incumbents
shall be continued for appointment in new offices or positions.
C.
Payment of salaries. All such salaries shall be payable at the same
time and manner as other Borough salaries, including that of Councilman.
A director may serve as a division head and a division head
may serve as a bureau head without additional compensation. Department
heads, except as provided otherwise herein, shall devote full time
in the efficient discharge of the duties of their respective offices.
The Mayor may appoint the Business Administrator to act as the director
of one or more departments without additional compensation.
A.
Every officer or employee of the Borough, who by virtue of his office
or position is entrusted with the receipt, custody or expenditure
of public monies or funds and any other officer or employee who shall
be required so to do 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 binding him
to the Borough in its corporate name and conditioned upon the true
and faithful performance of his duty. Each officer or employee required
by law to give sufficient surety and deliver the same to the Borough
Clerk, except that the Clerk shall deliver his bond to the Treasurer
before he enters upon the discharge of the duties of his office or
employment.
B.
If any officer or employee shall neglect to execute and deliver his
bond as herein required, within 30 days after due notification of
his election or appointment, his office may be declared vacant by
the Council.
C.
In every case in which any person is required by the laws of the
state or by any ordinance of the Borough to give a 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 Borough. Each such bond shall be approved by
the Borough Attorney as to form and sufficiency, and nothing in this
subsection shall be construed to prevent the use of one or more blanket
bonds when so approved.
[1]
Editor's Note: Former § 2-84, Vacation leaves, was repealed
10-5-2015 by Ord. No. 2015-11.
The following shall apply:
A.
No officer or employee elected or appointed in the Borough shall
be interested, directly or indirectly, in any contract with the Borough
or in the compensation for work done or for materials or supplies
furnished to the Borough or to any contractor or other person furnishing
the same to the Borough; nor shall be participate in any profits of
such contractor or other person or receive any compensation, commission,
gift or other reward for his services except the salary or fees established
by law or by ordinance or resolution of the Borough Council or as
provided in N.J.S.A. 40:69A-163.
B.
No officer or employee elected or appointed in the Borough shall
accept or solicit anything of value as consideration for or in connection
with the discharge of his official duties other than the fee or compensation
prescribed pursuant to law.
C.
Any officer or employee who violates any provision of this section
or of any statute or ordinance relating to conflict of interest shall
be deemed guilty of misconduct in office and liable to removal from
office therefor. Any officer or employee who shall knowingly permit
any provision of this section to be violated by any of his subordinates
shall also be guilty of misconduct in office and liable to removal
therefor.
Upon the termination of the term of office or the employment
of any officer or employee, such officer or employee shall forthwith
deliver to his successor, or if there be no successor, to the Clerk
or other person who may be designated by the Council to receive the
same, all monies, papers, books, memoranda, accounts and any data
of any nature whatever pertaining to his office. In addition to any
other penalty provided by law, any person who shall violate the requirements
of this section may be adjudged a disorderly person.
Pursuant to the Charter N.J.S.A. 40:69A-37 and 43:
A.
The Mayor may in his discretion remove any department head after
notice and an opportunity to be heard. Prior to removing a department
head, the Mayor shall first file written notice of his intention with
the Council. Such removal shall become effective on the 20th day after
filing of such notice unless the Council shall prior thereto have
adopted a resolution by a two-thirds vote of the whole number of the
Council disapproving the removal.
B.
The Council may for cause remove any Borough officer other than the
Mayor or a member of Council, upon notice and opportunity to be heard.
C.
The Council shall consider notices under Subsection A above and motions under Subsection B above, only after notice, and an opportunity to be heard, to the affected officer. The Clerk shall forthwith cause a copy of the notice or motion, as the case may be, together with a statement of the charges involved and notice of the time and place fixed for hearing to be served personally or by registered mail upon the officer affected. A hearing shall be held not less than 10 days nor more than 15 days after date of such service. Such hearing shall be open to the public or closed, as decided by the individuals.
Pursuant to the Charter, N.J.S.A. 40:69A-37, the Council may,
in its discretion, require any Borough officer to prepare and submit
sworn statements regarding his official duties and the performance
thereof. The Council may otherwise investigate the conduct of any
department office or agency of the Borough government and may employ
or request any assistance as required.
A.
Time limitation. No rule or regulation made by any department, other
than the Police Department, shall, except upon written approval by
the Mayor, take effect until at least 10 days after it is filed with
the Borough Clerk as required by the Charter. This limitation of time
shall not apply, however, to any order, rule or regulation which relates
solely to the organization or internal management of the Borough government
or part thereof.
[Amended 10-5-2015 by Ord. No. 2015-11]
B.
Borough Clerk to maintain docket of orders, rules and regulations.
The Borough Clerk shall maintain a docket of all orders, rules and
regulations filed in his office which docket shall show the name of
the issuing department, a brief description of the subject matter
and the date of filing. At the close of each year the Clerk shall,
with the advice and assistance of the Borough Attorney, compile, codify
and bind all of the orders, rules and regulations which then remain
in force and effect. The Borough Clerk may arrange for the printing
and sale of such compilation within the limits of available appropriations.
C.
Job descriptions. Every department shall have job descriptions. Such
job descriptions shall be prepared by the department head and the
Business Administrator, and shall be filed with the Borough Clerk.
A.
Preservation. All the books, maps, papers, accounts, statements,
vouchers and other documents whatsoever acquired or produced in any
Borough department shall be carefully and conveniently filed, kept
and preserved, and be and remain the sole property of the Borough
and shall not at any time be removed from the offices of such department
except when required for use in the official business of the Borough
and shall then be returned to such office without delay. Each Borough
officer shall be responsible for assuring that the requirements of
this subsection are complied with in respect to his particular office.
This subsection shall be subject to the provisions of Destruction
of Public Records Law (1955), N.J.S.A. 47:3-15 et seq.
B.
Inspection. All such documents and records of the Borough shall during
office hours be open to public search, inspection and examination,
provided that:
(1)
Such search, inspection and examination shall not extend to work
papers of any department nor to materials prepared for the prosecution
or defense by the Borough of any legal action of right.
(2)
Such search, inspection and examination shall be made under such
regulations as the officer, in whose custody such records, books and
documents may be, shall establish for the safety and preservation
thereof.
[Amended 10-5-2015 by Ord. No. 2015-11]
Public office hours shall be from 8:30 a.m. to 4:30 p.m. prevailing
time, Monday through Friday.
The Council shall cause to be made an annual audit of the Borough's
accounts and financial transactions as required by law. Such annual
audit shall be made by a registered municipal account of New Jersey,
selected by the Council.
No Borough 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 or, during the hours of duty, engage
in any political activity or actively participate in political activities
or campaigns with respect to any candidate for elective office in
the Borough government, except that nothing in this section shall
be construed to prevent employees from becoming, or continuing to
be, members of any political party, club or organization or from attending
political meetings.
[1]
Editor's Note: Former §§ 2-94, Sick leave; 2-95,
Holidays; 2-96, Sexual harassment policy, added 8-4-1997 by Ord. No.
1997-535; and 2-97, Computer use policy, added 10-15-2001 by Ord.
No. 2001-015; were repealed 10-5-2015 by Ord. No. 2015-11.