[New; Ord. No. 10-09 §§ 2
and 3; Ord. No. 13-17; amended 3-21-2019 by Ord. No. 19-04]
There shall be a Municipal Clerk appointed by the Mayor and
with the advice and consent of the Borough Council. The term of office
of the Clerk shall be three years which shall run from January 1 in
the year in which the Clerk was appointed.
No person shall be appointed or reappointed as Municipal Clerk
unless he shall have a registered Municipal Clerk Certificate issued
pursuant to N.J.S.A. 40A:9-133 et seq.
[Amended 8-13-2020 by Ord. No. 20-21]
The Municipal Clerk shall receive compensation as fixed annually
by the Borough Council. In addition, when the Municipal Clerk is required
to be present at an election or election-related matter during a time
when other municipal employees are off, such as late-night voter registration,
primary election day and general election day, he or she will receive
additional pay for such time spent at a rate of pay calculated at
time and half (1.5) of the then-year-current hourly rate.
The Municipal Clerk shall:
a.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The Borough Council
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
b.
Act as secretary to the Borough Council, prepare meeting agendas
at the discretion of the Council, be present at all meetings of the
Council, keep a journal of the proceedings of every meeting, retain
the original copies of all ordinances and resolutions, and record
the minutes of every meeting;
c.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
d.
Serve as chief registrar of voters in the Borough, subject to the
requirements of Title 19 of the New Jersey Statutes Annotated;
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where Statute or ordinance has delegated that
responsibility to some other Borough officer;
f.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the New Jersey Statutes Annotated;
g.
Perform such other duties as are now or hereafter imposed by Statute,
regulation or by ordinance.
a.
Appointment; term; removal. The Mayor shall nominate and appoint
with the advice and consent of the Borough Council the Borough Administrator.
This appointment shall remain in effect at the pleasure of the governing
body.
b.
Compensation. The Borough Administrator shall receive compensation
as shall be fixed, from time to time, by the general salary ordinance.
However, said compensation shall not be reduced during the term of
office, except by a two-thirds majority vote of the Borough Council.
c.
Powers and duties. For the purpose of carrying out the duties and
responsibilities limitations permitted by authorized staff and appropriations,
the Borough Administrator shall:
1.
Serve as Administrative Officer representing the Mayor and Council;
2.
Make recommendations to the Mayor and Council as to administrative
operations of the Borough;
3.
Supervise, schedule and coordinate the administrative staff at Borough
Hall and serve as the Personnel Officer/Appointing Authority on behalf
of the Mayor and Council with relation to the Civil Service Commission
and the general day-to-day operation of Borough employees;
4.
Oversee personnel and provide minor discipline as necessary, not
to exceed five days' suspension of any Borough employee, excluding
the Police Department;
5.
Investigate at any time the affairs of any Department of the Borough,
other than the Police Department;
6.
Work with the Chief Financial Officer and Municipal Auditor in the
preparation, review and presentation of the annual budget document;
7.
Report to Mayor and Council as necessary;
8.
Operate as the administrative coordinating point for all departments
with the exception of Police Department;
9.
Enforce Borough policies.
[1969 Code § 25-1 — 25-5)
a.
Office
Created. The office of Deputy Municipal Clerk is hereby created in
and for the Borough of Elmwood Park by and subject to the provisions
of this chapter and in accordance with New Jersey Statutes 40A:9-135
and 40:87-15.
b.
Appointment;
Term of Office. The Deputy Municipal Clerk shall be appointed by the
Mayor with the advice and consent of the Council. If the Mayor fails
to nominate within 30 days, or if the Council fails to confirm any
nomination made by the Mayor, then after the expiration of 30 days,
the Council shall appoint. A majority vote of at least three affirmative
votes shall be required for such appointment. The Mayor shall vote
only in the case of a tie. The Deputy Municipal Clerk shall hold office
for one year and until their successors shall have qualified. The
Deputy Municipal Clerk shall hold office during the pleasure of the
Council, however shall not be removed without being afforded an opportunity
to be heard.
c.
Compensation.
The Deputy Municipal Clerk shall receive such compensation as shall
be fixed from time to time by the Borough Council and such compensation
can at the will of the Borough Council be controlled by either the
general salary ordinance or by any other means or basis that the Borough
Council sees fit and proper.
[Amended 12-19-2019 by Ord. No. 19-35]
d.
Administrative
Responsibilities. The Deputy Municipal Clerk shall assist the Municipal
Clerk in the operation of the office of the Clerk and shall act as
the Clerk in the absence of said Clerk.
e.
Duties.
The Deputy Municipal Clerk shall generally assist the Municipal Clerk
including but not limited to the following:
Receive license applications and fees; issue licenses; register
and transfer voters; give suitable assignments and instructions to
subordinates and supervisors at work; review and verify payrolls and
claims; prepare checks, assist in making searches and issuing search
certificates; assist election preparation in distributing election
equipment, materials and supplies; swearing in elected officers and
elected officials; instructing election officers; receiving election
returns; keeping of election personnel records; preparing checks;
preparing reports dealing with licenses issued and money received
and other pertinent matters; assisting in the preparation of resolutions,
ordinances, vouchers and other municipal forms; assisting in the preparation
of minutes of the meetings of the Governing Body; preparing official
reports of public record; preparing periodic reports of cash receipts
and accounts; assisting in the establishment and maintenance of an
extensive record and filing system; answering inquiries.
[New]
There shall be a Chief Financial Officer who shall be appointed
by the Mayor with the advice and consent of the Borough Council for
a four-year term commencing January 1 of the year in which he/she
is appointed. The Mayor with the advice and consent of the Borough
Council may appoint such Assistant or Deputy Municipal Financial Officers
as it sees fit. The Chief Financial Officer shall be under the general
supervision of the Borough Administrator and under the specific direction
of the Borough Administrator.
[New]
The Chief Financial Officer shall have responsibility for the
fiscal records of the Borough as well as:
a.
Preparing and signing all Federal and State returns, statements,
and reports requiring the signature of the Chief Financial Officer.
b.
Advising and assisting the Mayor and Council in regards to developing
fiscal plans and forecasts for the Borough.
c.
Providing financial assistance to all boards, commissions and departments
of the Borough.
[New]
The Chief Financial Officer shall:
a.
Receive funds entrusted, received or under the control of any department
and deposit all funds received by him/her in depositories authorized
by the Governing Body by resolution.
b.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all moneys of the
Borough not required for current operations safely invested or deposited
in interest bearing accounts.
c.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of the Borough bonds and notes for transfer,
registration or exchange.
d.
Keep a full account of all cash receipts and disbursements of the
Borough and at least once each month, or more often if the Governing
Body requires, furnish the Governing Body with a statement of all
moneys received and expended by him/her.
[New]
The Chief Financial Officer and any Assistants or Deputies shall
receive compensation as shall be fixed annually by the Borough Council.
[New]
a.
Pursuant to N.J.S.A. 40A:9-140.13, the Chief Financial Officer shall
hold a Municipal Finance Officer Certificate.
b.
Notwithstanding the provisions of any other law to the contrary,
any person who has served as the Chief Financial Officer of the Borough
for four consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Office of the Municipal Clerk and with the Division of Local
Government Services in the Department of Community Affairs a notification
evidencing his compliance with this section.
c.
Thereafter, the person shall continue to hold office during good
behavior and efficiency, and shall not be removed therefrom except
for just cause and then only after a public hearing upon a written
complaint setting forth the charge or charges against him pursuant
to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification
by the Director pursuant to N.J.S.A. 40A:9-140.12.
[New]
Pursuant to N.J.S.A. 40A:9-140 there shall be a Borough Engineer
who shall be appointed by the Mayor with the advice and consent of
the Borough Council for a term of three years.
[New]
The Borough Engineer shall be a duly licensed professional engineer
of the State of New Jersey and shall provide professional engineering
advice and assistance to the Governing Body and Planning Board; provide
engineering advice to the Board of Adjustment in connection with subdivision,
site plan and variance applications and Master Plan studies; maintain
the Borough Official Map and Borough Zoning Map; prepare plans and
specifications for public works authorized by the Governing Body;
and make such field surveys as may be required therefor; make such
inspections of the work of public contractors as may be necessary
or desirable; supervise the performance of public works contracts
and certify the amounts due and payable thereunder; and provide any
and all other professional engineering advice and assistance as may
be required of him by Statute or as requested of him by the Governing
Body, whether by ordinance, resolution or otherwise.
[New]
The Borough Engineer shall receive compensation as fixed annually
by the Borough Council.
[New]
Pursuant to N.J.S.A. 40A:9-139 et seq., there shall be a Borough
Attorney who shall be appointed by the Mayor with the advice and consent
of the Council for a term of one year.
[New]
The Borough Attorney shall be an attorney-at-law of the State
of New Jersey and shall be the legal advisor of the Borough of Elmwood
Park and he shall render advice on all legal questions affecting the
municipality whenever requested to do so by the Governing Body. He
shall perform legal services for and on behalf of the Borough and
its officers and several boards, except for such boards as are required
by law to be represented by an attorney other than the Borough Attorney
and except for the services required to be performed by the Borough
Prosecutor.
[New]
The Borough Attorney shall receive compensation as fixed annually
by the Borough Council.
[New]
Pursuant to N.J.S.A. 40A:9-141 et seq., there shall be a Tax
Collector who shall be appointed by the Mayor with the advice and
consent of the Borough Council.
[New]
No person shall be appointed or reappointed as Tax Collector
unless he shall hold a Tax Collector's Certificate issued pursuant
to N.J.S.A. 40:9-145.3. Any Tax Collector appointed pursuant to this
section may obtain tenure pursuant to the provisions of N.J.S.A. 40A:9-144
or 40A:9-145. Any person who shall be reappointed Tax Collector subsequent
to having received a Tax Collector's Certificate pursuant to N.J.S.A.
40A:9-144.3 and having served as Tax Collector or who has performed
the duties of Tax Collector for not less than four consecutive years
immediately prior to such reappointment shall have acquired tenure
and shall hold his or her office during good behavior and efficiency
and shall be removed only for good cause shown and after a proper
hearing before the Director of the Division of Taxation or his designee
in accordance with the provisions of N.J.S.A. 40A:9-145.8.
[New]
The Tax Collector shall hold his office for a term of four years
from January 1 next following his appointment. Vacancies other than
due to the expiration of term shall be filled by appointment for the
unexpired term.
[New]
The Tax Collector shall receive compensation as fixed annually
by the Borough Council.
[New]
Pursuant to N.J.S.A. 40A:9-146, there shall be a Tax Assessor
who shall be appointed by the Mayor with the advice and consent of
the Borough Council.
[New]
The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq., and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law. In accordance with the provisions
of N.J.S.A. 54:3-16, the Assessor, when making assessments, shall
be governed by directions by the Bergen County Tax Administrator.
These directions shall be pursuant to rules adopted by the Bergen
County Tax Board.
[New]
The Tax Collector shall receive compensation as fixed annually
by the Borough Council.
[New]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[New]
There shall be a Borough Prosecutor who shall be appointed by
the Mayor with the advice and consent of the Borough Council for a
one-year term commencing on January 1 or such later date on which
the Borough Prosecutor may be appointed, until December 31st of the
year for which he is appointed and until his successor shall have
been appointed and qualified. Any vacancy in the position occurring
other than by expiration of term shall be filled in like manner, but
for the unexpired term only.
[New]
The Borough Prosecutor shall be an attorney-at-law of the State
of New Jersey and shall perform the duties of the Borough Prosecutor
in accordance with the laws of the State of New Jersey and ordinances
of the Borough and shall be the advisor to Municipal Court personnel
and the Police Department in matters relating to their duties concerning
the prosecution and preparation of all charges and complaints against
every person charged with a violation of any of the laws of the State
of New Jersey and the ordinances of the Borough, and shall appear
in the appropriate Court in the prosecution of every person charged
with a violation of any State, County or Municipal law or ordinance.
[New]
The Borough Prosecutor shall receive compensation as fixed annually
by the Borough Council.
[Ord. No. 94-5 § 1; Ord. No. 2017-11]
a.
Pursuant to N.J.S.A. 2A:158A-1 et seq., there is hereby created the
Office of the Municipal Public Defender of the Borough.
b.
The Municipal Public Defender shall be an attorney-at-law of the
State of New Jersey and shall provide representation to indigent defendants
who qualify for appointment of counsel as required by law; the Municipal
Court Judge shall approve all applications for appointment of the
Public Defender to represent said persons as required by law.
c.
The term of office of the Municipal Public Defender shall be for
one year, effective January 1st of each year and until December 31st
of the same year and until the appointment and qualification of a
successor.
d.
The compensation of the Municipal Public Defender shall be based
upon a retainer as provided for in the current Salary Ordinance of
the Borough.
e.
Those persons applying for representation by the Municipal Public
Defender shall pay an application fee of $200 at the time of presentation
of an application for the Public Defender. The Judge of the Municipal
Court may, however, in his or her discretion, waive any required application
fee in whole or in part if the Judge determines, in his or her discretion,
that the application fee represents an unreasonable burden on the
person seeking representation.
[Added 12-15-2022 by Ord.
No. 22-31]
a.
The Physician and Medical Provider will be selected annually by the
Mayor and Council upon review of proposals submitted pursuant to requests
for proposals advertised under the fair and open process described
under N.J.S.A. 19:44A-1 et seq. Requests for proposals shall be issued
annually.
b.
The Physician and Medical Provider will serve for a period of one
year from the date of hire and will be and remain in effect at the
pleasure of the governing body.
[Added 12-15-2022 by Ord.
No. 22-31]
a.
The Physician and Medical Provider shall be licensed to practice
in the State of New Jersey.
b.
The Physician and Medical Provider shall be certified by ABIM/ABMS.
c.
The Physician and Medical Provider shall be a member in good standing
in the medical community of the State of New Jersey.
d.
The Physician and Medical Provider shall be board certified and maintain
a valid State of New Jersey medical license.
[Added 12-15-2022 by Ord.
No. 22-31]
a.
The compensation for the Physician and Medical Provider position
shall be the sum of $5,500 annually to be paid in equal monthly installments.
[Added 12-15-2022 by Ord.
No. 22-31]
a.
The Physician shall be responsible for:
1.
Conducting preemployment or preservice medical examinations.
2.
Conducting return from illness or injury examinations for any illness
or injury lasting more than three days.
3.
Providing a written report regarding the findings and status of the
policeman or fireman examined regarding his/her fitness for duty.
4.
Medical evaluation of injured member officers, municipal member employees
and/or suspects and detainees.
5.
Medical evaluation of 504 requests.
6.
On-site emergency physician services for events and catastrophes.
7.
Emergency medical planning for all hazards, including CBRN.
8.
Medical liaison for state and local DOH.
9.
Standby and/or in-person medical coverage of Borough special events,
i.e., July 4th, local emergency, etc.
10.
Being available on an on-call basis to schedule physical examinations
at other times during the normal business week or arranging for such
examination by another physician under his/her direction and control
at no additional cost to the Borough of Elmwood Park.
11.
Providing an annual physical to member employees of the Borough and
members of the fire and police force on a voluntary basis.
12.
Medical directions were indicated for policies involving illness
or injury.
13.
Medical review of use of force policies and procedures for potential
injuries, when applicable for the Police Department.
14.
Medical coverage and emergency care for training sessions, i.e.,
qualifications, UOF, etc.
15.
Standing orders and 24/7 consultation for member employees and police,
i.e., oxygen, NARCAN®, EpiPen®, ACLS medications, vaccinations, etc.
[Added 12-15-2022 by Ord.
No. 22-31]
a.
The Borough Physician and/or Medical Provider shall receive compensation
as shall be fixed, from time to time, by general salary ordinance.
However, said compensation shall not be reduced during the term of
office, except by a 2/3 majority vote of the Borough Council.
