All of the administrative functions, powers
and duties of the City other than those vested in the office of the
City Clerk shall be allocated and assigned among and within the departments
established or constituted by this chapter, any amendments and supplements
thereto or any ordinance of the City.
As provided by the charter:
A.
Each department shall be headed by a director, who
shall be appointed by the Mayor with the advice and consent of the
Council. Each department head shall serve during the term of office
of the Mayor appointing him, and until the appointment and qualification
of his successor.
B.
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 the
intention with the Council and such removal shall become effective
on the 20th day after the 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.
The head of a department, subject to the charter,
ordinances of the City and the direction and supervision of the Mayor,
shall:
A.
Prescribe the internal organization of the work of
his department, including, with the approval of the Mayor, the establishment
of such divisions and bureaus as may be required for the proper conduct
of said work, and make, alter and enforce individual work assignments.
B.
Appoint his subordinate officers and employees within
his department and may, with the approval of the Mayor, remove such
officers and employees subject to the provisions of the Revised Statutes,
Title 11A, Civil Service, or other general laws.
[Amended 12-19-1995 by Ord. No. 95-068]
C.
Approve or disapprove payrolls, bills and claims chargeable
to the departmental appropriations.
D.
Maintain such records of work performance and unit
costs thereof as may be approved or required by the Business Administrator.
E.
Provide such information and reports on the work of
the department as may from time to time be required by the Mayor.
F.
Exercise such other or different powers of administrative
supervision and direction as the Mayor may delegate to him.
A.
Whenever a vacancy exists in any office required by
the charter or ordinances to be filled by the Mayor with the advice
and consent of the Council and there is no holdover incumbent, the
Mayor may temporarily fill such vacancy, in the absence of any contrary
provision in the charter or ordinance, by appointing an acting officer
to serve at the pleasure of the Mayor.
B.
Such appointee shall have all the powers, functions
and duties of the office until it is filled permanently.
C.
Any such appointment shall terminate not later than
60 days after the date of appointment, unless the Council shall, by
resolution, authorize one or more extensions of such period.
A.
In the event that the Council shall fail to accept
or reject any nominations made by the Mayor of a director or officer
at the next regular meeting following the submission of the nomination,
the Mayor is then authorized to appoint the nominee on a provisional
basis for a period not to exceed 60 days.
B.
Said provisional appointment shall, however, forthwith
cease and terminate immediately upon the expiration of said period
of 60 days unless the Council accepts and confirms the provisional
appointment prior thereto or, by resolution, authorizes one extension
of such period.
A.
The Mayor and the Business Administrator may, with
the approval of the Council, serve as head of one or more departments
in addition to the Department of Administration.
B.
The same person may serve as director of two or more
departments; a department director may also be appointed to serve
as the head of one or more divisions within his department, and a
division head may be appointed as department director.
[Amended 1-19-1993 by Ord. No. 93-003]
A.
Requirements; exceptions.
(1)
Except as hereinafter provided, all officers and employees
of the City who have heretofore become officers and employees of the
City or who shall hereafter become employees of the City are hereby
required as a condition of their continued employment to have their
place of abode in the City and to be bona fide residents therein.
A "bona fide resident," for the purpose of this section, is a person
having a permanent domicile within the City and one which has not
been adopted with the intention of again taking up or claiming a previous
residence acquired outside the City limits.
(2)
The director of any department or the Mayor or the
City Clerk are hereby authorized, for good cause shown, provided that
the Municipal Council is first advised, to appoint and to permit any
officer or employee of the City in his respective department or office
to remain in the employ of the City without complying with the provisions
hereof where:
(a)
The health of any officer or employee necessitates
residence outside the City limits;
(b)
The nature of the employment is such as to require
residence outside the City limits;
(c)
Special talent or expertise is necessary for the operation
of government which is not available among Paterson residents; or
(d)
State or federal law preempts municipal residency
requirements.
(3)
To establish good cause, the appropriate appointing
authority shall:
(a)
File with the Business Administrator appropriate documentation
with regard to the health of the employee; or
(b)
In conjunction with the Personnel Director, submit
documentation as to the nature of the special talent or expertise
required and of the efforts made to recruit persons of such special
talent or expertise from within the City which shall, as a minimum,
require the public advertisement of such a position by the Personnel
Director.
(4)
The Business Administrator shall report to the Council
not less than monthly with regard to the appointment of any nonresidents.
(5)
Any employee or officer or any member of any board
or agency employed or appointed by the City in a manner contrary to
the provision of this section shall be subject to immediate removal
or discharge from the City service.
B.
All officers and employees appointed or employed by
the City on or after June 30, 1978, who presently do not maintain
their place of abode in the City and who are not now bona fide residents
therein, as herein defined, shall establish their place of abode in
the City, and they shall become bona fide residents therein no later
than December 31, 1993. The establishment of actual domicile in the
City on or before the date aforesaid by all officers and employees
of the City who are not now presently domiciled shall be conditioned
to their continued employment by the City.
C.
Notwithstanding anything herein contained to the contrary,
all members of the Parking Authority, Housing Authority, Board of
Alcoholic Beverage Control, Board of Trustees of the Free Public Library,
Board of Adjustment, Planning Board, Local Defense Council, Rent Leveling
Board and all other boards or agencies of the City of Paterson created
by law, who have heretofore been appointed to serve as a member thereof
or who shall hereafter be appointed to serve as a member thereof,
are required as a condition of their appointment to have their place
of abode in the City of Paterson and to be bona fide residents therein.[1]
D.
Notwithstanding anything herein contained to the contrary,
all members of the board or agency referred to in the preceding section
or who presently do not maintain their place of abode in the City
of Paterson and who are not now bona fide residents therein, as defined
herein, shall establish their place of abode in the City, and they
shall become bona fide residents therein no later than December 31,
1993. The establishment of actual domicile in the City on or before
the aforesaid date by members appointed to said boards or agencies
who are not presently domiciled shall be a conditioned to their continued
appointment by their respective board or agency.
E.
The Chief of Police or his designee shall conduct
an investigation to determine whether or not any officer, employee
or members of boards and agencies have their place of abode in the
City and are bona fide residents therein. A copy of the investigative
report shall be submitted to the Council upon completion.
No rule or regulation made by any department,
officer, agency or authority of the City, except such as relates to
the organization or internal management of the City government or
a part thereof, shall take effect until it is filed either with the
City Clerk or in such manner as may be provided by ordinance. The
Council shall provide for the prompt publication of such rules and
regulations.
A.
The public, administrative and executive business
offices shall be open for the transaction of public business daily
except Saturdays, Sundays and legal holidays, between such hours as
the Council may prescribe, except as otherwise provided by law.
B.
All departments, in times of emergency, shall provide
municipal services for 24 hours a day. The Business Administrator
or a department head may require any officer or employee to be in
attendance for work on any day or days whenever he determines that
a public exigency or emergency so requires.
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 City 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 provisions of 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.
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 Mayor to receive the same all
moneys, papers, books, memoranda, accounts and data of any nature
whatever pertaining to his office.
A.
Every officer or employee of the City 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 City and any
other officer or employee who may 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 the Council, binding him to the City 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
deliver the same to the Clerk, except that the Clerk shall deliver
his bond to the Comptroller, before he enters upon the discharge of
the duties of his office or employment.
B.
If any officer or employee shall refuse or neglect
to execute and deliver his bond as herein required within 30 days
after due notification of 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 this section or any other ordinance to give
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 City. Each such bond
shall be approved by the Corporation Counsel as to form and sufficiency,
and nothing in this section shall be construed to prevent the use
of one or more blanket bonds when so approved.
