[Ord. No. 07-04 § 2]
The office of the Administrator of the Borough of Farmingdale
is hereby created in and for the Borough, pursuant to N.J.S.A. 40A:60-7
and N.J.S.A. 40A:9-136, et seq.
[Ord. No. 07-04 § 2]
The Administrator shall be appointed on the basis of his/her
executive and administrative qualifications. Previous responsible,
successful experience in local government and municipal management
shall be preferred. The Administrator need not be a resident of the
Borough at the time of appointment, and may also thereafter reside
outside the Borough.
[Ord. No. 07-04 § 2]
The Administrator shall be appointed by the Mayor with a majority
roll call vote of the Council and shall serve at the pleasure of the
Mayor and Council. Specific terms and conditions of employment shall
be set forth in a written agreement, and be approved by resolution
of the Mayor and Council.
[Ord. No. 07-04 § 2]
Pursuant to N.J.S.A. 40A:9-138, the Administrator may be removed
by a 2/3 vote of the Council. The resolution of removal shall become
effective three months after its adoption. The Council may provide
that the resolution shall have immediate effect; provided, however,
that the Council shall cause to be paid to the Administrator forthwith
any unpaid balance of his/her salary and his/her salary for the next
three calendar months following adoption of the resolution.
[Ord. No. 07-04 § 2]
Upon removal, resignation or extended leave of the Administrator, the Mayor, with the advice and consent of the Council, may appoint a temporary Acting Administrator to serve for a period of up to 90 days. Thereafter, depending on the needs of the Borough, that appointment may be extended, or a new Administrator may be appointed pursuant to § 2-7.3.
[Ord. No. 07-04 § 2]
The Administrator may be a part-time employee of the Borough.
However, nothing herein shall prevent the Administrator from also
holding any other appointive Borough office and fulfilling the duties
thereof.
[Ord. No. 07-04 § 2]
The Administrator shall, under the direction of the Mayor and
Council, to the extent not prohibited by law:
a.
Be responsible for the proper and efficient administration of all
Borough business, except those duties and responsibilities conferred
upon other Borough officials by State statutes, other applicable laws,
rules and regulations promulgated by State and County agencies, judicial
authority or ordinances of the Borough.
b.
Serve as the Borough's Personnel Officer, and make recommendations
to the Mayor and Council for the hiring, promotion, discipline, suspension
or discharge of any employee, except those for whom the Mayor and
Council are directly responsible, provided that those employees covered
by other applicable State statutes or Borough ordinances shall be
hired, promoted, disciplined, suspended or discharged in accordance
with such laws.
c.
Oversee all departments and assign responsibility for departmental
action, and coordinate interdepartmental operations, including those
of the Borough Attorney, Borough Engineer and Borough Auditor.
d.
At the direction of the Mayor and Council, prepare the proposed Annual
Borough Budget by requiring and receiving appropriation requests from
the heads of departments, boards, committees and other appropriate
officials; submitting a tentative budget to and consulting with the
Mayor and Council with respect thereto; and submitting recommendations
in the time and form required by law for municipal budgets, appending
thereto a detailed analysis of the various items of expenditure and
preliminary revenues and such explanatory comment or statement as
may be desirable.
e.
Administer the budget after its adoption, implement the work programs
contained therein, and enforce the financial procedures and policies
of the Borough and its departments.
f.
Execute and enforce the laws of the State and ordinances and resolutions
of the Borough except where authority is granted to others by statutes
or ordinance; see that all the terms and conditions imposed in favor
of the Borough or its inhabitants in any statute, public utility franchise,
performance bond, or other contractual undertaking are complied with.
g.
Keep the Mayor and Council informed as to the conduct of Borough
affairs, as well as the condition of Borough finances and make such
recommendations to the Mayor and Council as he/she deems necessary
and advisable.
h.
Recommend to the Mayor and Council the employment of professional
service consultants to perform work and render advice.
i.
At the direction of the Mayor and Council, negotiate or assist in
the negotiation of contracts in accordance with law, and supervise
the performance and faithful execution of such contracts, except insofar
as such duties are expressly imposed upon some other Borough officer
or official by statute or ordinance.
j.
Prepare or cause to be prepared, specifications and related bid documents
or requests for proposals. All bids and proposals are to be received
by the Borough Clerk and reviewed by the Administrator, who shall
make recommendations to the Governing Body.
k.
Review and recommend all bills and vouchers for payment prior to
final approval by the Mayor and Council.
l.
Maintain a continuing review and analysis of budget operations, work
programs, and costs of municipal services.
m.
At the request of the Mayor and Council, study and analyze the duties
and responsibilities of any appointed official or department of the
Borough, submitting a report relating thereto to the Mayor and Council
for such further action as the Mayor and Council may deem advisable.
n.
Delegate some of the specific tasks assigned to him/her; however,
he/she shall retain responsibility for all such work completed by
others.
o.
Attend all meetings of the Council with the right to take part in
discussion, but not to vote.
p.
Submit to the Mayor and Council, as requested, verbal and written
reports on administrative activities of the Borough; and
q.
Perform such other duties as may be required by the Mayor and Council.
[Ord. No. 07-04 § 2]
The Borough Administrator shall be paid an annual salary as
provided in the Salary Ordinance.
[New]
There shall be a Borough Clerk appointed by the Mayor and 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.
[New]
No person shall be appointed as Borough Clerk unless he shall
have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A.
40A:9-133 et seq.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[Ord. No. 07-04 § 3]
Should the office of Borough Clerk become vacant, the Borough
Council may appoint a person to serve as Acting Clerk for an initial
period of not more than one year, and any subsequent period shall
be made in accordance with N.J.S.A. 40A:9-133.
[New]
The Borough 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 or regulation.
[Ord. No. 12-89, Preamble]
N.J.S.A. 40A:9-140.1 et seq. and N.J.S.A. 52:27BB-26 et seq.
provide for the appointment of Chief Financial Officer.
[Ord. No. 12-89 § 1]
Pursuant to N.J.S.A. 40A:9-140.1, there is hereby created the
position of Chief Financial Officer who shall have all the powers
and duties as provided by the Statutes of the State of New Jersey
and who shall have jurisdiction over all business pertaining to finance.
[Ord. No. 12-89 § 2]
The Chief Financial Officer shall serve for a term of four years.
The Chief Financial Officer shall obtain a Chief Financial Officer's
certificate as required by law.
[Ord. No. 12-89 § 3]
The Chief Financial Officer shall be the Chief Financial Officer
of the Borough and shall keep and maintain books and records of all
financial transactions of the Borough in accordance with the standards
and requirements of the State Division of Local Finance. The Chief
Financial Officer shall have custody of all public moneys of the Borough.
He shall make monthly reports to the Council of all receipts, expenditures,
commitments and unencumbered appropriation balances.
[New]
a.
Creation. The Offices of Treasurer and Deputy Treasurer are hereby
created. The Treasurer and Deputy Treasurer shall be appointed by
the Mayor with the advice and consent of the Borough Council.
b.
Duties. Under the supervision of the Chief Financial Officer the
Office of Treasurer shall:
1.
Keep and maintain bank records of all financial transactions of the
Borough in accordance with applicable law and regulations.
2.
Have custody of all public moneys of the Borough.
3.
Make monthly reports to the Mayor and Borough Council of all receipts,
expenditures, commitments and expended appropriations.
4.
Deposit to the credit of the Borough, in its designated legal depository(ies),
within 48 hours of receipt thereof, all moneys received from any source
by or on behalf of the Borough or any department, board, committee,
office or agency thereof, except as otherwise provided by this Code
or State Statute.
5.
Disburse funds of the Borough for the payment of bills and demands under a pre-audit and voucher system, subject to the approval of the Mayor and Borough Council; except that payments for the payroll account shall be made pursuant to Subsection 6 hereof. Every voucher shall be in the form of a check payable to the order of the person entitled to receive it and shall specify the purpose for which it is drawn and the account or appropriation to which it is charged. Each check shall bear the signature of at least two of the following: the Mayor, Council President, Chief Financial Officer or Councilmember of the Finance Committee.
6.
Upon receipt of a voucher and/or an amount due the payroll account, deposit same to the credit of the payroll account, changing the appropriate budgetary account therewith. Disbursements from the payroll account may be made by payroll checks signed as required in Subsection 5 above and approved by the Mayor and Borough Council. In case of error or adjustment in the payroll, the Chief Financial Officer shall make a correction of same in the payroll records.
7.
Assist in the preparation of the annual Borough operating and capital
budgets.
8.
Keep the Borough Council informed as to any Federal, State, County
or private aid projects under which the Borough may be eligible for
receipt of funds.
9.
Oversee the financial administration and billing of the water and
sewer utility.
10.
Perform such other duties as may be required or permitted by State
Statute or this Code.
[Ord. No. 07-04 § 1]
In accordance with N.J.S.A. 40A:9-135, there is hereby created
by the Borough of Farmingdale the position of Deputy Borough Clerk.
[Ord. No. 07-04 § 1]
The Deputy Borough Clerk shall hold office for a term of one
year, commencing on the first day of each and every year.
[Ord. No. 07-04 § 1]
The Deputy Borough Clerk shall assist and act upon the direction
of the Borough Administrator and the Borough Clerk in the performance
of the duties of that office.
[Ord. No. 07-04 § 1]
The Deputy Borough Clerk shall be paid an annual salary as provided
in the Salary Ordinance.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Assessor.
[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.
[New]
The Tax Assessor shall perform the duties required of the holder
of such office pursuant to Title 54 of the New Jersey Statutes and
such regulations as may be promulgated by the New Jersey Division
of Taxation and the Monmouth County Board of Taxation.
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a Municipal Assessor.
b.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
c.
Maintain a current tax map of the Borough as a public record and
cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other Departments as provided by the Code.
d.
Report to the Borough Council as to equalization proceedings and
other matters involving the County Tax Board and make recommendations
as to action to be taken in that regard.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[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]
Pursuant to N.J.S.A. 40A:9-141 et seq., the Mayor and Borough
Council shall appoint the Tax Collector who shall be charged with
the duty of collecting taxes upon real property in the Borough.
[New]
The Tax Collector shall hold his office for a term of four years
from January 1 next following his appointment. Vacancies other than
those due to the expiration of term shall be filled by appointment
for the unexpired term.
[New]
No person shall be appointed or reappointed as Tax Collector
unless he or she shall hold a Tax Collector Certificate issued by
the Director of the Division of Local Government Services.
[New]
A Tax Collector certificate shall be obtained upon qualification
and successful completion of the examination given by the Director
of the Division of Local Government Services. Qualifications for certification
shall be in accordance with N.J.S.A. 40A:9-140.4 and N.J.S.A. 40A:9-145.4.
Revocation or suspension of any certificates shall be in accordance
with N.J.S.A. 40A:9-140.8, N.J.S.A. 40A:9-140.9 and N.J.S.A. 40A:9-145.5.
[New]
In accordance with N.J.S.A. 40A-139 there is hereby created
by the Borough of Farmingdale the position of Borough Attorney.
[New]
The Borough Attorney shall be a duly licensed attorney-at-law
of the State of New Jersey.
[New]
The Borough Attorney shall have such powers and perform such
duties as are provided for the office of Borough Attorney by general
law or ordinances of the Borough. He or she shall represent the Borough
in all judicial and administrative proceedings in which the Borough
or any of its officers or agents may be a party or have an interest.
He/she shall give all legal counsel and advice where required by the
Mayor and/or Borough Council and shall in general serve as the legal
advisor to the Mayor and/or Borough Council on all matters of Borough
business. In furtherance of such general powers and duties, but without
limitation thereto, the Borough Attorney shall:
a.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
b.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as he/she may in his/her discretion determine
to be necessary or desirable or as directed by the Mayor and/or Borough
Council.
c.
Subject to the approval of the Mayor and/or Borough Council, have
power to enter into any agreement, compromise or settlement of any
litigation in which the Borough is involved.
d.
Render opinions in writing upon any question of law submitted to
him/her by the Mayor and/or Borough Council with respect to their
official powers and duties, and perform such duties as may be necessary
to provide legal counsel to the Mayor and/or Borough Council in the
administration of Borough affairs.
e.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Mayor and/or Borough Council may
authorize for special or regular employment in or for the Borough.
[New]
The Borough Attorney's salary as provided in the salary ordinance
of the Borough shall be deemed just compensation for his or her attendance
at meetings of the Borough Council and for the giving of advice, both
written and oral, to the Mayor and/or Borough Council. With respect
to all other services performed by the Borough Attorney he or she
shall be compensated for the reasonable value of his/her services.
[New]
The position of Prosecutor is hereby established in the Borough
of Farmingdale.
[New]
The Municipal Court Prosecutor shall be a duly licensed attorney-at-law
of the State of New Jersey.
[New]
The Municipal Court Prosecutor shall be appointed by the Mayor
and confirmed by the Borough Council for a term of one year effective
January 1 of each year and until December 31 of the same year and
until the appointment and qualification of his successor.
[New]
The Municipal Court Prosecutor shall be paid an annual salary
as provided in the Salary Ordinance and such other reasonable compensation
for additional services performed only if authorization of the Borough
Council is first secured.
[New]
The Prosecutor shall, under the direction of the Mayor and Council,
represent the Borough in the Municipal Court of the Borough of Farmingdale.
The Prosecutor shall exercise such powers and duties as are
assigned to such office by the Statutes of New Jersey and such other
authority as may be assigned by the Borough Council.
[Ord. No. 97-03]
N.J.S.A. 2B:12-28 provides in pertinent part that a municipality
may employ an attorney-at-law on a full-time basis to provide for
the representation of persons entitled by law to appointment of counsel;
and the Borough Council believes that providing such a service would
be in the best interests of the Borough.
[Ord. No. 97-03 § 1]
There is hereby established the office of Public Defender within
the Borough for the defense of indigent defendants charged with offenses
involving serious fines, driver's license revocations and incarceration.
[Ord. No. 97-03 § 2]
The Public Defender shall be an attorney-at-law of the State
of New Jersey, in good standing.
[Ord. No. 97-03 § 3]
The Mayor shall nominate, with the advice and consent of the
Council, and appoint a Public Defender, including the filling of a
vacancy in the office which shall be for the unexpired term only.
[Ord. No. 97-03 § 4]
The term of office of the Public Defender shall be for one year,
commencing on January 1, and terminating on December 31 of the same
year, and the individual shall serve until a successor shall have
been appointed and qualified.
[Ord. No. 97-03 § 5]
The duties of the Public Defender shall be to defend all cases
brought against indigent defendants in the Municipal Court of the
Borough alleging violation of the criminal laws of the State of New
Jersey and the motor vehicle Statutes of the State of New Jersey whenever
such defendants are entitled to representation by law or whatever
such representation is deemed necessary or desirable in the interest
of justice and in the discretion of the Judge of the Municipal Court.
[Ord. No. 97-03 § 6]
As used in this section:
The definition of "indigent" shall be the same as utilized by
the Office of the Public Defender of the State of New Jersey for those
cases handled by the Monmouth County office thereof.
[Ord. No. 97-03 § 7; Ord. No. 99-03]
Any person applying for representation by the Public Defender
is required to pay an application fee of $200 or the maximum amount
as allowed by Statute. A conflict attorney fee of $200 is established
per case for the work done by a conflict attorney when engaged by
the Municipal Court Judge of the Borough of Farmingdale. The Judge
of the Municipal Court may waive any required application fee, in
whole or in part, if the Court determines, in its discretion, that
the application fee represents an unreasonable burden on the person
seeking representation. The fee shall be paid to the Municipal Court
when counsel is appointed. Thereafter, the Court shall forward the
money to the Borough and the Borough will, in turn, forward the fee
to the Public Defender in accordance with prevailing resolutions of
appointment.
[Ord. 97-03 § 8]
The salary of the Public Defender shall be on a court appearance
basis in such amounts as shall be fixed from time to time by resolution
of the Council.
[Ord. 97-03 § 9]
The within section shall be governed by and construed in accordance
with N.J.S.A. 2B:12-28 as may be amended from time to time.
[New]
Pursuant to N.J.S.A. 40A:9-139, there is hereby created the
office of Borough Engineer of the Borough of Farmingdale.
[New]
The Borough Engineer shall be a duly qualified licensed engineer
under the provisions of the laws of the State of New Jersey.
[New]
The Borough Engineer shall:
a.
Perform the duties as required in accordance with the laws of the
State of New Jersey and the ordinances of the Borough of Farmingdale,
and shall be the advisor of the Mayor and of the Council and other
officers and boards of the Borough in matters of an engineering nature
relating to their duties and the business of the Borough.
b.
Prepare or cause to be prepared plans, designs and specifications
for public works and improvements undertaken by the Borough, either
on force account or by public contract.
c.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
d.
Provide technical and engineering advice and assistance to other
Borough departments as needed.
e.
All papers, documents, memoranda, reports, all original maps and
tracings and other materials relating to the administration of engineering
duties of the Borough Engineer shall be and remain the property of
the Borough. Upon the termination of his or her services with the
Borough, the Borough Engineer shall forthwith surrender to any successor
all such property.
[New]
The Borough Engineer shall be appointed and shall hold office
for a term of three years as prescribed by law. In lieu of appointing
an individual to be the Borough Engineer, the Mayor and Council may
appoint a firm of engineers, each member of which shall be a licensed
professional engineer of the State of New Jersey.
[New]
Pursuant to N.J.S.A. 40A:5-4, the Borough Council shall employ
a registered municipal accountant of New Jersey to prepare an annual
audit of its books, accounts and financial transactions of the Borough.
[New]
There shall be an office of Public Assistance, the head of which
shall be the Local Assistance Board of three members appointed by
the Borough Council. One member of the Board shall serve for a term
of one year, and such member may be a member of the Borough Council.
At least one of the three members of the Board shall be a woman. Two
members shall serve for terms of four years, each for staggered terms.
Members of the Local Assistance Board shall serve without compensation.
The Local Assistance Board shall have such powers and perform such
duties as are prescribed by general law and ordinance. The Mayor,
with the advice and consent of the Borough Council shall appoint a
Director of Welfare pursuant to State law.
[1971 Code Ch. II §§ 2, 3]
a.
Whenever the person holding the office of Borough Clerk, Collector
of Water Rents, Tax Collector, Collector of Sewer Rents and Chief
Financial Officer shall be temporarily absent, disabled or disqualified,
the Council may fill such vacancy by the person designated to hold
the office of assistant thereto for the period of absence, disability
or disqualification of such officer.
b.
The person appointed to such assistant office shall act in the capacity
of such officer whenever directed by the Mayor or other person of
lawful authority.
