City of East Orange, NJ Article VI Special Boards for the Operation of the Police, Fire or Water Departments

§ C-27 Establishment, merger, consolidation or abolition. N.J.S.A. 40:103-5(97)

A. The City Council, by resolution, may, and upon the filing with the City Clerk of a written petition signed by 100 residents of the City registered to vote in the last preceding general election requesting said action shall, place on the ballot for the next general election a proposition for the establishment, merger, consolidation or abolition of a Board of Police Commissioners, Board of Fire Commissioners or Board of Water Commissioners; except that, if no general election is to be held within 90 days of such resolution, the Council may provide for a special election to consider such a proposition. Each proposition shall relate to only one such Board; provided, however, that more than one proposition may appear on the same ballot. The proposition shall be publicized and advertised, and any such special election shall be conducted in the manner hereinafter provided in this Act.

B. The proposition shall be presented in the following general form:

C. If at an election held as hereinabove provided the voters, by a majority of those of the legal voters of the City who vote on the proposition, assent to the establishment, merger, consolidation or abolition as the case may be of any board, an ordinance effectuating the expressed desire of the voters shall be adopted within 60 days from the date thereof.

D. Notwithstanding the provisions of Subsection A of this section, the City Council may, by ordinance, abolish any of the boards created herein. Upon the adoption of an ordinance abolishing any of the boards created herein, all of the assets and liabilities of the board shall become the assets and liabilities of the municipality. The municipality may, however, create such advisory councils for its police, fire and water functions as it may deem necessary.

§ C-28 Powers and duties of the boards governing the Police or Fire Departments. N.J.S.A. 40:103-5(98)

When established by the voters of the City, the board shall assume responsibility for the operation, conduct and efficiency of the Police or Fire Department, as the case may be, and shall have power by resolution to:

A. Appoint all the personnel thereof necessary for the operation of the Department; provided, however, that in the case of the Police Department, the Police Chief, and of the Fire Department, the Fire Chief shall be appointed as otherwise provided in this Act, and as the appointing authority establish regulations and administer the same governing personnel practices and policies including the exercise of the power according to law to suspend, discharge, demote, promote or discipline personnel.

B. Fix compensation as part of the annual budget of the Department, which when adopted shall not thereafter be changed for the balance of the fiscal year except as provided in this Act upon recommendation to and after approval by resolution of the City Council.

C. Provide for the care and maintenance of all lands, improvements, buildings, vehicles and other personalty entrusted to the Department, but not for the acquisition, leasing or disposition of real property or any right, title or interest therein except with the consent and approval of the City Council.

D. Enter into contracts and agreements necessary for the operation of the business of the Department and purchasing of equipment and supplies, except as limited by ordinance requiring the purchase and disposition of equipment and supplies of a character not unique to the Department to be conducted through a central purchasing agency for the City.

§ C-29 Powers and duties of the Board of Water Commissioners. N.J.S.A. 40:103-5(99)

When established by the voters of the City, the Board of Water Commissioners shall assume responsibility for the operation, conduct and efficiency of the Water Department and shall have power to:

A. Appoint, fix the compensation of and, in accordance with law, to suspend, discharge and discipline all personnel thereof necessary for the operation of the Department.

B. Appoint by resolution a Water Engineer for a term of three years and prescribe his duties.

C. Provide for the care and maintenance of all lands, improvements, buildings, vehicles and other personalty entrusted to the Department.

D. Enter into contracts and agreements necessary for the operation of the business of the Department and purchasing of supplies and equipment.

E. Exercise custody, control and management of the waterworks and water supply of the City, including the power and authority to maintain, repair, equip and extend the waterworks and water supply system of the City both within the City and outside the boundaries thereof.

F. Establish and, from time to time, change the rates to be charged for water supplied to the inhabitants of the City or others and adopt and establish rules and regulations with respect to the use and protection of the water supply and waterworks and determine, where service to inhabitants of the City will not be impaired, the terms, bases and extent that water may be sold or supplied to other municipalities or to the residents thereof.

§ C-30 Fiscal operation of the Water Department by the Board of Water Commissioners. N.J.S.A. 40:103-5(100)

A. All moneys received from:

(1) The residents of the City or from other consumers for water supplies;

(2) Other services performed by the Water Department;

(3) Sale, lease or disposal of water reserve lands as hereinafter provided;

(4) The proceeds of bonds or notes issued in such city for the uses or purposes of the Water Department; and

(5) Appropriations of the City Council for the use or purposes of the Water Department,

shall be kept in a special fund to be known as the "Water Department Fund," which shall be paid out only on warrants or checks signed by the Chairman or President of the Board of Water Commissioners and the Mayor.

B. The said Board shall, on or before a certain day in each year to be fixed by the Board, cause a careful estimate to be made of the interest on the water debt, cost of managing and keeping in repair and operation the works for the ensuing year, the amount to be received during the same year for the use of water and water rents, and the deficiency, if any, of such receipts for the payment of such expenditures, and shall report the same in writing to the City Council, and if there is any deficiency, the said report shall be submitted no later than January 25 of the year in which the deficiency is anticipated, whereupon the City Council shall include in the annual budget an appropriation to meet any such deficiency. In case of any such deficiency, the City Council shall have the right and power to review and pass upon the budget of the Water Department for the year of the deficiency in the same manner as the rest of the municipal budget, but otherwise shall not be required to vote thereon.

C. The Board shall not have the power to incur indebtedness, and any bond issue required for capital expenditures shall require authorization by ordinance. If the surplus accumulated by the Water Department and reserves not committed as allowed by law shall exceed at the end of the fiscal year 50% of the gross revenue for that year from the sale of water to the inhabitants of the City or other consumers, then the Board of Water Commissioners shall appropriate the excess over 50% to and for the general use of the City unless the City Council by resolution authorizes the Board of Water Commissioners to retain part or all of the said excess for some other lawful purpose.

§ C-31 Limitation of powers over acquisition and disposition of water reserve lands. N.J.S.A. 40:103-5(101)

The Board of Water Commissioners shall have use of real property needed for water reserve and water supply purposes. No real property or interest therein shall be leased, sold or disposed of or easement given or contract thereafter authorized for purposes other than the operation of the waterworks or water supply system unless the Board of Water Commissioners shall determine that the sale, lease, easement or disposition can be made without impairing the operation and function, present or anticipated, of the water supply and water reserve system for the people of the City. No such lease, sale, disposition or easement or contract therefor shall be authorized by the City Council unless and until notice 30 days in advance thereof has been filed in writing with the Secretary of the Board to afford opportunity by the Board to make any appropriate determination and advise the City Council thereof. Real property or interests therein acquired as part of the water supply or water reserve system shall be held in the name of the City, and such acquisition shall be made upon recommendation of the Board of Water Commissioners and adoption of an ordinance concurring therein by the City Council.