Chapter 02. Administrative Code
Chapter 2 ADMINISTRATIVE CODE
ADMINISTRATIVE CODE
ARTICLE I Title, Definitions; Continuity
§ 2.1 Short Title
§ 2.2 Definitions
§ 2.3 Local Laws
ARTICLE II The Council
§ 2.4 General Powers
§ 2.5 Compensation
§ 2.6 Meetings
§ 2.7 Procedures and Conduct of Meeting
§ 2.8 Increase & Decrease of Municipal Budget
ARTICLE III The Mayor
§ 2.9 Executive Power
§ 2.10 General Powers and Duties
§ 2.11 Absence of the Mayor
§ 2.12 Appointments
§ 2.13 Removal of Department Head
§ 2.14 Preparation of Municipal Budget
§ 2.15 Submission to Council
§ 2.16 Operation of the Budget
ARTICLE IV Office of the Township Clerk and Office of the Township Tax Assessor
§ 2.17 Creation of office; appointment; qualifications
§ 2.18a Term; Compensation
§ 2.18b Duties
§2.19 a,b & c (Deleted by Ord. O-12-15 on 07-09-12)
§ 2.19 Creation of Office
§ 2.19a Term; Compensation
§ 2.19b Duties
ARTICLE V Administrative Organization
§ 2.20 Departments, offices, boards, commissions, etc.
ARTICLE VI Department of Administration and Finance
§ 2.21 Creation
§ 2.22 Business Administrator
§ 2.23 (Deleted on 07-14-97 by Ord. O-97-18)
§ 2.24 Division of Tax Collection
§ 2.25 Division of the Treasury
§ 2.26 Division of Personnel
§ 2.27 Division of Aids and Grants
§ 2.28 Division of Systems Control
§ 2.29 Division of Insurance
§ 2.30 Division of Data Processing
§ 2.31 Division of Administrative Services
ARTICLE VII Department of Law
§ 2.32 Creation
§ 2.33 General Powers and Duties
§ 2.34 Division of Prosecutor
§ 2.35 Division of Public Defender
§ 2.36 Rent Stabilization Board Attorney
§ 2.37 Special Counsel
§ 2.38 Qualification: Meetings
§ 2.39 Compensation
§ 2.40 Planning Board Attorney: General Powers and Duties
§ 2.41 Zoning Board of Adjustment Attorney: General Powers and Duties
ARTICLE VIII Department of Public Works
§ 2.42 Creation; Director; Compensation
§ 2.43 Division of Streets
§ 2.44 Division of Sanitation
§ 2.45 Division of Buildings
§ 2.46 Division of Vehicle Maintenance
§ 2.47 Division of Parks and Playgrounds
ARTICLE IX Position of Engineering
§ 2.48 Creation
§ 2.49 Duties & Responsibilities
§ 2.50 Appointment of additional Engineering Consultants
(Deleted by Ord.. O-96-30 on 06-24-96)
[Deleted by Ord. O-00-21 on 08-14-00]
[Added by Ord. O-00-21 on 08-14-00]
[Dept. of Engineering deleted by Ord. O-07-31 on 12-17-07 and replaced with "Position of Engineering"]
ARTICLE X Department of Police
§ 2.51 Creation; Director; Compensation
§ 2.51a Division of Code Compliance [Added on 07-09-07 by Ord. O-07-16]
§ 2.51b Division of Emergency Management
ARTICLE XI Department of Support Services
§ 2.52 Creation
§ 2.53 Division of Fire Protection
§ 2.54 Division of Emergency Management Services
§ 2.55 Division of First Aid
§ 2.56 Division of Municipal Counseling Services
ARTICLE XII Department of Recreation and Community Activities - [Deleted by Ord. O-10-02 on 01-25-10]
§ 2.57 - [Deleted by Ord. O-10-02 on 01-25-10]
§ 2.58 - [Deleted by Ord. O-10-02 on 01-25-10]
§ 2.59 - [Deleted by Ord. O-10-02 on 01-25-10]
ARTICLE XIII Department of Community Services and Information
§ 2.60 Creation; Appointment of Director; Compensation
§ 2.61 Division of Public Information
§ 2.62 Division of Health and Welfare
§ 2.63 Division of Public Assistance
§ 2.64 Division of Employees Safety
ARTICLE XIV Department of Community Development and Planning
§ 2.65 Creation; Appointment; Compensation
§ 2.66 Deleted (6-22-87 by Ord. 0-87-20)
§ 2.66.1 Duties of Planner
§ 2.66.2 Appointment of additional planning consultants
§ 2.67 Division of Zoning, Division of Construction Code Enforcement & Municipal Housing Liaison [Added on 10-22-07 by Ord.O-07-27]
§ 2.68 Division of Construction Code Enforcement
ARTICLE XV General Administrative, Miscellaneous and Transitional Provisions
§ 2.69 Other Powers and Duties of Department Heads
§ 2.70 Property of the Township of Gloucester
§ 2.71 Transfer of Budget Balances
§ 2.72 Budget Adjustments
§ 2.73 Vacancies
§ 2.73.1 Indemnification of Township Appointees and Officials
§ 2.73.2 Anti-Nepotism
§ 2.73.3 Insurance Benefits
§ 2.73.4 Local Government Ethics Law Financial Disclosure Statement
§ 2.73.5 Prohibiting Political Fund-Raising on or by Use of Public Property
ARTICLE XVI Statutory Boards, Authorities, Agencies and Committees
§ 2.74 Planning Board
§ 2.75 Zoning Board of Adjustment
§ 2.76 Local Assistance Board
§ 2.77 Rent Stabilization Board
§ 2.78 Municipal Utilities Authority
§ 2.79 Housing Authority
§ 2.80 Municipal Court
§ 2.81 Advisory Board of Health [Deleted by Ord. O-05-18 on 06-27-05]
§ 2.82 Advisory Shade Tree Committee
§ 2.83 Advisory Parks and Recreation Committee
§ 2.84 Advisory Economic Development Committee
§ 2.85 Advisory Library Board
§ 2.86 Advisory Blackwood Lake Committee
§ 2.87 Advisory Refuse Reclamation Committee
§ 2.88 Advisory Historic and Scenic Preservation Committee
§ 2.89 Environmental and Open Space Advisory Committee
§ 2.90 Advisory Fire Prevention Committee
§ 2.91 Youth Recognition & Assistance Committee
§ 2.92 Multiple Dwelling Emergency Commission
§ 2.93 Community Development Block Grant Advisory Committee
§ 2.93A Local Defense Council
§ 2.93B Veterans Affairs Committee
§ 2.94 Human Relations Commission
ARTICLE XVII Miscellaneous
§ 2.95 Severability
§ 2.96 Inconsistency
§ 2.97 Effective Date
BE IT ORDAINED by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey as follows:
ARTICLE I GENERAL PROVISIONS
§ 2.l Short Title.
SHORT TITLE: This ordinance is known and may be designated as the "Gloucester Township Organization Ordinance of l982".
§ 2.2 Defininitions.
DEFINITIONS: For the purposes of this ordinance, except as the context may otherwise require:
(a) "CHARTER" shall mean a Mayor-Council Plan "B" (Article 4) of the Optional Municipal Charter Law (New Jersey Laws of l950, Ch. 2l0, as amended).
(b) "DEPARTMENT" shall mean an organizational unit of the government established or designated by this ordinance as a department.
(c) "DIVISION" shall mean an organizational unit of the government established or designated by this ordinance as a division, and shall be part of a department.
(d) "ORDINANCE" shall mean any and all ordinances of the Township of Gloucester in force and effect on July l, l982 and thereafter.
(e) "GENERAL LAW" shall mean statutes which are not inconsistent with the charter and either (l) are by their terms applicable or available to all municipalities, or (2) relate to taxation, local courts, education, health, public authorities serving more than one municipality, and municipalities in an unsound financial condition.
(f)"MUNICIPAL" and "MUNICIPALITY" shall mean and refer to the Township of Gloucester, in the County of Camden, New Jersey.
(g) "SUB-DIVISION " shall mean an organizational unit of government established by this ordinance as a sub-division, and shall be part of a division.
(h) “MUNICIPAL HOUSING LIAISON” the employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Gloucester Township.
(i) “ADMINISTRATIVE AGENT” the entity responsible for administering the affordability controls of some or all units in the affordable housing program for Gloucester Township to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low-and moderate-income households.
§ 2.3 Local Laws.
LOCAL LAWS: All ordinances and resolutions including amendments and supplements thereto of the Township of Gloucester, and any board, department or division thereof heretofore in existence as of July l, l982, except such as may be inconsistent with any and all provisions of the charter, including amendments thereto are hereby continued in full force and effect according to their terms.
ARTICLE II THE COUNCIL
§ 2.4 General Powers.
The legislative power of the municipality shall be exercised by the municipal council, except as may be otherwise provided by general law. The Council, in addition to such other powers and duties as may be conferred upon it by this charter or otherwise by general law, may:
(a) require any municipal officer, in its discretion, to prepare and submit sworn statements regarding his official duties in the performance thereof, and otherwise to investigate the conduct of any department, office, or agency of the municipal government;
(b) remove any municipal officer, other than the Mayor or a member of Council, for cause, upon notice and an opportunity to be heard.
§ 2.5 Compensation
The compensation of each member of the Township Council and the Mayor shall be fixed, from time to time, by a general salary ordinance until further change by ordinance.
§ 2.6 Meetings
All regular and special meetings of the Council shall be opened to the public. The Township Attorney, Clerk, and Engineer, and such other municipal officers and employees as may be required shall attend regular and special meetings of the Council. The Mayor may attend such meetings and may take part in discussions of Council, but shall have no vote except in the case of a tie on the question of filling a Council vacancy.
§ 2.7 Procedures and Conduct of Meeting
The order of business, conduct of meetings, procedures, decorum and any and all matters pertaining to the functions of the Council and the carrying out of township business at regular and special meetings of the Council shall be as determined and prescribed, from time to time, by resolution or ordinance of the Council.
§ 2.8 Increase & Decrease of Municipal Budget
Council may reduce any item or items in the Mayor's budget by a vote of a majority of the Council, but an increase in any item or items therein shall become effective only upon an affirmative vote of two-thirds of the members of Council.
ARTICLE III THE MAYOR
§ 2.9 Executive Power
The executive power of the municipality shall be exercised by the Mayor.
§ 2.10 General Powers and Duties
The Mayor shall enforce the Charter and ordinances of the municipality and all general laws applicable thereto. He/she shall annually report to the Council and the public on the work of the previous year and on the condition and requirements of the municipal government, and shall from time to time make such recommendations for action by the Council as he/she may deem in the public interest. He/she shall supervise all of the departments of the municipal government and shall require each department to make an annual and such other reports of its work as he/she may deem desirable.
(a) Ordinances adopted by the Council shall be submitted to the Mayor, and he/she shall within ten (l0) days after receiving any ordinance, either approve the ordinance by affixing his/her signature thereto and return it to the Council by delivering it to the municipal clerk together with a statement setting forth his/her objections thereto or to any item or part thereof. No ordinance or any item of part thereof shall take effect without the Mayor's approval, unless the Mayor fails to return an ordinance to the Council within ten (l0) days after it has been presented to him/her, or unless Council upon reconsideration thereof on or after the 3rd day following its return by the Mayor shall by a vote of two-thirds of the members resolve to over-ride the Mayor's veto.
(b) The Mayor may attend meetings of the Council and may take part in discussions of Council but shall have no vote except in the case of a tie on the question of filling a vacancy in the Council, in which case, he/she may cast the deciding vote.
§ 2.11 Absence of the Mayor
The Mayor shall designate the business administrator, any other department head, or the Municipal Clerk to act as Mayor whenever the Mayor shall be prevented by absence from the municipality, disability or other cause from attending to the duties of his/her office. During such time, the person so designated by the Mayor shall possess all of the rights, powers and duties of the Mayor.
§ 2.12 Appointments
Each department head shall be appointed by the Mayor, with the advice and consent of Council.
§ 2.13 Removal of Department Head
The Mayor may in his/her 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/her 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.
§ 2.14 Preparation of Municipal Budget
The municipal budget shall be prepared by the Mayor with the assistance of the business administrator. During the month of November, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year, and to appear before the Mayor or the business administrator at public hearings, which shall be held during the month, on the various requests.
§ 2.15 Submission to Council
On or before the l5th day of January, the Mayor shall submit to Council his/her recommended budget together with such explanatory comment or statement as he/she may deem desirable. The budget shall be in such form as is required by law for municipal budgets, and shall in addition have appended thereto a detailed analysis of the various items of expenditure and revenue. Council may reduce any item or items in the Mayor's budget by a vote of a majority of the Council, but an increase in any item or items therein shall become effective only upon an affirmative vote of two-thirds of the members of Council.
§ 2.16 Operation of the Budget
The Council shall where practicable provide for the maintenance of a system of work programs and quarterly allotments, for operation of the budget. It shall be the duty of the officer or department administering any such program to develop and report appropriate unit cost of budgeted expenditures.
ARTICLE IV OFFICE OF THE TOWNSHIP CLERK AND TOWNSHIP TAX ASSESSOR
(Amended on 07-14-97 by Ord. O-97-18)
SECTION I
§ 2.17 Creation of the office; appointment; qualifications
There is hereby created the office of the Clerk, the head of which shall be the Township Clerk. The Township Clerk shall be appointed by the Council, and shall, prior to the appointment, be qualified by training and experience to perform the duties of the office.
§ 2.18a Term; Compensation
The term of the Township Clerk shall be three (3) years from January of the year of appointment and shall continue until the appointment and qualification of a successor. The Township Clerk shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
§ 2.18b Duties
The Township Clerk shall:
(a) Serve as clerk of the Township Council, shall attend all meetings of the Council, shall keep the minutes of the proceedings of the Council which shall be signed by the officer presiding at the meeting and by the Clerk;
(b) Engross all ordinance and resolutions of a permanent character in books to be provided for that purpose. After each ordinance, the Township Clerk shall also engross and certify proof of publication thereof as required by law. Each ordinance so engrossed shall be signed by the Mayor and the Township Clerk who shall attest that it was duly adopted upon a date stated and when so signed, the engrossed copy shall be deemed to be a public record of the ordinance. Each resolution so engrossed shall be signed by the President of Council and the Township Clerk and shall attest that it was duly adopted upon a date stated, and when so signed, the engrossed copy shall be deemed to be a public record of the resolution. Any omission by the Clerk, Mayor or President of Council to engross, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.
(c) At the close of each year, with the advice and assistance of the Mayor and Attorney, bind, compile or codify and index all of the ordinances and resolution which then remain in force and effect.
(d) Have custody of and safely keep all records, books and documents of the Township, except those committed by charter or ordinance to any other office.
(e) Cause the corporate seal of the Township to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to exemplify any document on record in the Clerk's Office or to certify any act or paper which from the records in the office shall appear to have been a public act of the Township or a public document.
(f) In addition to such other functions, powers and duties as may be prescribed by the charter, this, and other ordinances and subject to the supervision and direction of the Council, the Township Clerk shall perform all of the functions and have all the powers vested in or required of the Township Clerk by general law.
(g) The Township Clerk shall administer and be responsible for the acceptance and issuance of licenses and permits (Amended by Ord. 0-94-04 on 2-28-94)
(Section 2 of Article IV, §2.19 a,b & c entitled "OFFICE OF THE DEPUTY CLERK" was added by Ord. O-96-04 on 02-26-96 and deleted by Ord. O-96-30 on 06-24-96)
§ 2.19 Creation of Office
The Office of Township Tax Assessor is hereby created pursuant to statute (N.J.S.A. 40:69A-43). The head of said office shall be the municipal tax assessor who shall be appointed by the Mayor with the advice and consent of Council and subject to the terms of general law providing for said office and shall be under the supervision of the Mayor and shall be subject to such general administrative procedures and requirements as are departments of the municipal government. Prior to such appointment, the municipal tax assessor shall hold a tax assessor certificate and shall be qualified by training and experience to perform the duties of the office.
§ 2.19a Term; Compensation
The municipal tax assessor shall be appointed for a term of four (4) years from the first day of July next following his or her appointment, and vacancies other than due to expiration of term shall be filled by appointment for the unexpired term, as provided under general statue (N.J.S.A.40A:9-148 and N.J.S.A.54:1-35.31et seq.). The municipal tax assessor shall receive such compensation as shall be fixed, from time to time, by general salary ordinance, subject to the provisions of N.J.S.A. 40A:9-165.
§ 2.19b Duties
The municipal tax assessor shall have the duty of assessing property for the purpose of general taxation as prescribed by law (N.J.S.A.40A:9-148.1) and shall provide the following services: making appraisals of real property upon which assessed values are based; reviewing and determining applications for tax exemptions and tax deductions; representing the assessing office to the public, the governing body and other municipal officials; representing the assessing office and the taxing district to the County Board of Taxation and directly report to and receive instruction from the County Board of Taxation; and represent the assessing office and the taxing district at formal tax appeal hearings.(Amended on 07-14-97 by Ord. O-97-18)
ARTICLE V ADMINISTRATIVE ORGANIZATION
§ 2.20 Departments, offices, boards, commissions, etc.
All of the administrative functions, powers and duties of the municipality other than those vested in the office of the Clerk and the office of the municipal tax assessor shall be allocated among and within the following departments:
(Amended on 07-14-97 by Ord. O-97-18)
(a) Department of Administration and Finance
(b) Department of Law
(c) Department of Public Works
(d) Department of Engineering
(e) Department of Police
(f) Department of Support Services
(g) Department of Recreation and Community Activities
(h) [Deleted by Ord. 0-10-46 on 11-22-10]
(i) Department of Community Development
(ii) Department of Planning (Added on 3-13-95 Ord. 0-95-11) and the following boards, agencies and committees and instrumentalities which are allocated to the Department of Administration for general super vision as permitted by law, and as may be required by N.J.S.A. 40:69A-43a:
(j) Planning Board
(k) Zoning Board of Adjustment
(l) Local Assistance Board
(m) Rent Stabilization Board
(n) Municipal Utilities Authority
(o) Housing Authority
(p) Municipal Court
(q) Advisory Board of Health [Deleted by Ord. O-05-18 on 06-27-05]
(r) Advisory Shade Tree Committee
(s) Advisory Parks and Recreation Committee
(t) Advisory Economic Development Board
(u) Advisory Library Board
(v) Advisory Blackwood Lake Improvement Committee
(w) Advisory Refuse Reclamation Committee
(x) Advisory Historical and Scenic Preservation Committee
(y) Fire Prevention Committee
(z) Youth Recognition and Assistance Committee
(aa) Multiple Dwelling Emergency Committee
(bb) Community Development Block Grant Advisory Board
(cc) Veterans Affairs Advisory Committee
(amended 6-22-87 by Ord. 0-87-20)
ARTICLE VI DEPARTMENT OF ADMINISTRATION AND FINANCE
§ 2.21 Creation
There is hereby created a Department of Administration in which there shall be a division of Human Resources, a division of system control, a division of grants, a division of the treasury, a division of tax collection, a division of insurance and a division of data processing, division of administrative services, and a division of finance and a division of community services and information. The Department of Administration, under the director and supervision of the business administrator and the Mayor shall assist in the preparation of the budget and be responsible for the development and administration of a sound personnel system. [Amended by Ord 0-85-15 on March 11, 1985] [Amended by Ord. 0-94-4 on 2-28-94] [Amended on 07-14-97 by Ord. O-97-18]
§ 2.22 Business Administrator
The head of the Department of Administration and Finance shall be the business administrator. He shall be appointed by the Mayor, with the advice and consent of the Council and until appointment and qualification of a successor. He shall receive such compensation as shall be fixed from time to time by a general salary ordinance. He shall be qualified by training and experience in municipal budgeting, accounting and finance. The director of Administration shall supervise the work of the department and its divisions and serve when necessary and without additional compensation as acting Township Assessor, Acting Township Collector, acting Township Treasurer/Chief Financial Officer and acting Township Controller. He shall be the appointing authority for all division heads within the department, all technical personnel necessary in order to carry out the function of the department, and he shall also be responsible for the information-gathering function necessary for the Council and the various advisory boards to make intelligent decisions or recommendations. (Amended by Ord. 0-94-4 on 2-28-94)
Article VI, Department of Administration and Finance
§ 2.23 was deleted on 07-14-97 by Ord. O-97-18
§ 2.24 Division of Tax Collection
The head of the division of tax collection in the Department of Administration and Finance shall be the Tax Collector who shall be appointed by the business administrator for the term of 4 years as per N.J.S.A. 40A:9-142. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance. He shall have, perform and discharge all the functions, powers and duties prescribed for tax collectors by general law and municipal ordinance. He shall receive and collect all monies assessed or raised by taxes or assessments for any purpose or by other township ordinance at the direction of the business administrator. He shall keep proper records and shall report to the Director of Administration at least once a month, all receipts and deposits made by him and shall in such report account for all monies for which he is responsible.
§ 2.25 Division of the Treasury
The head of the division of the treasury shall be the Township Treasurer who shall be appointed by the business administrator for a term of one year. The treasurer shall have, perform and exercise all of the functions, powers and duties prescribed by general law and township ordinance. He shall have the custody of all public monies of the Township. All monies received from any source by or on behalf of the Township or any department, division, board, office or agency, except as otherwise provided by ordinance, shall be paid to the treasurer, who shall by the next ensuing bank day after their receipt, deposit them to the credit of the Township in the authorized depository of the Township to the credit of the proper account. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance. Township Council shall approve or disapprove all claims. Claims shall be referred to council only upon vouchers meeting the currently operative requirements of N.J.S.A. 40A:5-16 and bearing the signature of the treasurer or his designee, certifying the claim to be within a budgetary appropriation, and bearing the signature of the business administrator recommending the same, and containing such other information or pre-approval authorizations as may be reasonably be required by the business administrator. Upon approval of a claim by the Township Council, the Township Clerk or deputy shall certify such approval by signing the approved voucher. Disbursement and payment of approved claims shall be by check drawn on the treasurer, signed by the Mayor or in his/her absence the acting Mayor and countersigned by the treasurer or in his absence the assistant treasurer and the business administrator or in his absence, the Township Clerk.
§ 2.26 Division of Personnel
The head of the Division of Human Resources shall be the Human Resources Manager who shall be appointed by the Business Administrator for an indefinite term subject to suspension or removal by the Business Administrator. The responsibility of the Division of Human Resources shall be the creation of a Human Resources System, which will encourage the highest level of efficient employer, employee relationship which will assure maximum return for the employee efforts expended in supplying municipal service to the Township. The specific responsibilities of the Human Resources Manager and the Division shall be:
a. Create and maintain safeguard employee files.
b. Recruit, interview and screen potential employees.
c. Compile employee information handbook.
d. Prepare and maintain policy manual.
e. Conduct orientation seminar for new employees.
f. Outline and familiarize all employees with all available benefits.
g. Implement procedures for all employee status changes (promotions, transfers and terminations, etc.)
h. Handle all outside inquiries about employees, ie. reference checking, proof of salary and/or employment.
i. Prepare employee evaluation form.
j. Instruct Supervisors in proper employee evaluation procedures.
k. Conduct a procedures seminar on employee review with supervisors.
l. Implement inter-departmental training seminars.
m. File yearly EEO government reports.
n. Handle all medical insurance claims.
o. Evaluate wage and salary vs. job performance.
p. Conduct exit interviews.
q. Administration and enforcement of Township personnel rules and regulations.
r. Administration of Civil Service Rules and Regulations.
s. Perform and discharge all the functions, powers, and duties prescribed for personnel agents by general law and municipal ordinance.
t. Various duties and responsibilities assigned by Mayor and Business Administrator.
The Human Resources Manager shall receive such compensation as shall be fixed, from time to time, by the general salary ordinance. The Division shall include, in addition to the Human Resources Manager, any clerical staff as provided for by Township Council in order to function properly.
(Amended by Ord. 0-85-15 on March 11, 1985)
§ 2.27 Division of Aids and Grants
The head of the division of aids and grants in the department of Administration and Finance shall be appointed by the business administrator for an indefinite term subject to suspension or removal by the business administrator. He shall be charged with the efficient administration of all federal or state grant or aid programs in which the Township may participate. He shall keep the Council informed as to federal grants and aid projects and state grants and aid projects and any other aid programs for which the Township may qualify. He shall have direct responsibility for the proper completion and filing of any applications and forms relative to all grants and aid programs. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
§ 2.28 Division of Systems Control
The head of the division of systems control in the Department of Administration and Finance shall be appointed by the business administrator for an indefinite term subject to suspension or removal by the business administrator. He shall be charged with the responsibility of studying, analyzing, investigating and evaluating all departments and divisions of the Township government.
§ 2.29 Division of Insurance
The head of the division of insurance in the Department of Administration and Finance shall be appointed by the business administrator for an indefinite term subject to suspension or removal by the business administrator. He shall be responsible for and coordinate the insurance needs of the Township. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
§ 2.30 Division of Data Processing
The head of the division of data processing in the Department of Administration and Finance shall be appointed by the business administrator for an indefinite term subject to suspension or removal by the business administrator. He should develop and coordinate data processing for the various divisions and departments of the Township. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
§ 2.31 Division of Administrative Services
The head of the Division of Administrative Services in the Department of Administration and Finance shall be the business administrator, who shall serve at no additional compensation. He shall be responsible for and coordinate those administrative services required by all the various departments such as but not limited to staffing the telephone switchboard, coordinating the placement and renewal of telephones within the municipal buildings, mail service, placement and operations of copying equipment, etc.
§ 2.31.1 Division of Finance
The head of the Division of Finance shall be the Chief Financial Officer of the Township, who shall be appointed by the business administrator, and until appointment and qualification of a successor. The Chief Financial Officer shall receive such compensation as shall be fixed from time to time by general salary ordinance. The Chief Financial Officer shall have, perform and exercise all of the functions, powers and duties prescribed by general law and the Township Ordinance The Chief Financial Officer shall be responsible for the accounting, pre-auditing, control, receipt, custody and disbursement of the Township revenues and expenditures and for all fiscal matters and financial policies of the municipality; serve when necessary and without additional compensation as acting Township Administrator, Township Assessor, acting Township Collector and Township Controller. (Amended by Ord. 0-94-4 on 2-28-94)
§ 2.31.2
The head of which shall be the Director of the Department of Administration and Finance. The Director shall receive such compensation as shall be fixed, from time to time, by general salary ordinance. The Director of Administration and Finance shall be the dead of each Division, subject to the direction of the Mayor, be responsible for the proper and efficient conduct of the community services and information functions of the municipal government, shall supervise and direct the work of the Division of Community Services and Information and shall perform such other duties as from time to time be prescribed by the Mayor, at no additional compensation. Within the Division of Community Services and Information there shall be a division of public information, a division of heath and welfare, and a division of employee health and welfare and a division of employee safety committee. [Added by Ord. 0-10-46 on 11-22-10]
§ 2.31.3
The Division of Public Information shall be responsible for the informational literature, publications and other matters pertaining to an informed public. [Added by Ord. 0-10-46 on 11-22-10]
§ 2.31.4
The division of Health and Welfare shall be responsible for the proper and efficient conduct of the health and welfare functions of the Township government and shall include the Registrar of Vital Statistics. [Added by Ord. 0-10-46 on 11-22-10]
§ 2.31.5
The Division of Employees Safety Committee shall be responsible for overseeing and directing a program of employees safety. [Added by Ord. 0-10-46 on 11-22-10]
ARTICLE VII DEPARTMENT OF LAW
§ 2.32 Creation
There is hereby created a Department of Law, the Director of which shall have the title of Municipal Attorney. Within the Department of Law and under the supervision of the Municipal Attorney, there shall be a division of the Prosecutor, the division of the Public Defender, the division of the Rent Stabilization Attorney, and for the purpose of supervision, all special counsel appointed by the Mayor and Council and such other technical personnel necessary to carry out the functions of the Department of Law.
§ 2.33 General Powers and Duties
The Municipal Attorney shall be appointed by the Mayor with the advice and consent of the Council and he shall serve during the term of the Office of the Mayor appointing him and until the appointment and qualification of his successor. The Municipal Attorney shall be a duly licensed Attorney-at-Law of the State of New Jersey chosen on the basis of his qualifications, knowledge and experience in the duties of the office. The Municipal Attorney shall receive such compensation as shall be fixed, from time to time, by general salary Ordinance. The Municipal Attorney shall:
(a) As Director of the Department of Law, appoint subordinate officers and employees within his department, and perform such duties and exercise such powers of a department head as provided by law;
(b) Serve as legal advisor to the Mayor and Council on all matters of Township business
(c) 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 Township, and
(d) Represent the Township in all judicial and administrative proceedings in which the Municipality or any of its officers or agencies may be a party or have an interest except as otherwise set forth herein.(Amended by Ord. 0-93-15. on 4-26-93).
§ 2.34 Division of Prosecutor
The division of the prosecutor shall consist of a prosecutor and such assistant prosecutors as are necessary to carry out the functions and conduct of the business of the division of prosecutor. The division of prosecutor shall prosecute the criminal, quasi-criminal and civil business of the Township before the Gloucester Township Municipal Court and shall handle appeals to the County and Superior Courts from convictions from violations of local ordinances in the municipal court. The prosecutor shall set policies and enact such rules and regulations as may be necessary and proper in the furtherance of the aforesaid. He shall receive such compensation as shall be fixed from time to time, by a general salary ordinance.
§ 2.35 Division of Public Defender
The division of the public defender shall be a separate and distinct office from that of the municipal prosecutor and it shall be the duty and responsibility of the public defender to represent before the Township municipal court, such indigent defendants as, from time to time, he may be assigned in appropriate cases to defend by the municipal court judge. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
§ 2.36 Rent Stabilization Board Attorney
The Rent Stabilization Board Attorney shall serve as legal advisor to the Rent Review Board, shall attend its meetings and represent the Rent Review Board in all judicial and administrative proceedings in which the Rent Review Board or any of its members may be a party or have an official interest. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
§ 2.37 Special Counsel
From time to time special counsel may be appointed by the Mayor, with the advise and consent of the Council, to represent the Township, the Mayor, Council of other officers and employees, boards agencies or committees in judicial or administrative proceedings, or to represent the same in specifically defined legal tasks relating to Township business. All such special counsel shall execute a contract wherein the task to be performed shall be defined and provide the rate of compensation in accordance with the Local Public Contracts Law.
§ 2.38 Qualification: Meetings
All attorneys shall be available, with the Municipal Attorney, for joint meetings, or with the Mayor and/or Council at the call of the Mayor or Township Council, concerning any matters of Township business. All attorneys shall be attorneys-at law of the State of New Jersey, but need not be residents of the Township of Gloucester.
§ 2.39 Compensation
Except as otherwise provided, none of the positions set forth in this article are positions that shall require the attorney to devote all of his time and attention to representing the Township in its various functions. Compensation for all attorneys shall be as set forth by the Township Council through ordinance or by contract, except that all attorneys shall be entitled to reimbursement at actual costs expended necessary for the proper function and operation of the Department of Law.
§ 2.40 Planning Board Attorney: General Powers and Duties
An attorney for the Planning Board of the Township of Gloucester shall be appointed by the Planning Board by a majority of its membership to serve at the pleasure of the Planning Board for a term not to exceed one year or until a successor is appointed and qualified. The Planning Board Attorney shall serve as legal advisor to the Planning Board of the Township and shall:
(a) Attend all meetings of the Planning Board;
(b) Render such legal opinions as are required by the Planning Board;
(c) Represent the Planning Board in any judicial and administrative proceedings in which the planning Board may be a party or have an interest, and upon request, advise the municipal attorney or the Mayor and the Township Council as to the status of such judicial and administrative proceedings as may be pending;
(d) Approve as to form and content all bonds or other securities posted to insure completion of improvements.
He shall receive such compensation as fixed, from time to time, by general salary ordinance or by contract.
§ 2.41 Zoning Board of Adjustment Attorney: General Powers and Duties
An attorney for the Zoning Board of Adjustment of the Township of Gloucester shall be appointed by the Zoning Board by a majority vote of is membership to serve at the pleasure of the Zoning Board for a term not to exceed one year or until a successor is appointed or qualified. The Zoning Board of Adjustment Attorney shall serve as legal advisor to the Zoning Board of Adjustment of the Township of Gloucester and shall;
(a) Attend all meetings of the Zoning Board of Adjustment
(b) Render such legal opinions as are required by the Zoning Board of Adjustment;
(c) Represent the Zoning Board of Adjustment in any judicial and administrative proceedings in which the zoning board may be party or have an interest and upon request, advise the Municipal Attorney or the Mayor or the Township Council as to the status of such judicial or administrative proceedings as may be pending;
(d) Approve as to form and content all bonds or other security posted to insure completion of improvements. He shall receive such compensation as shall be fixed, from time to time, by general salary ordinance, or by contract. (Amended by Ordinance 0-84-2 on February 15, 1984)
ARTICLE VIII DEPARTMENT OF PUBLIC WORKS
§ 2.42 Creation; Director; Compensation
There is hereby created a Department of Public Works. The head of the Department of Public Works shall be the Director of Public Works. He shall be appointed by the Mayor with the advice and consent of Council until appointment and qualification of a successor. Within the Department of Public Works there shall be a division of streets, a division of sanitation, a division of buildings, a division of vehicle maintenance and a division of parks and playgrounds and community activities. The Director of Public Works shall be the head of each division and shall be subject to the direction and supervision of the Mayor, and shall be responsible for the proper and efficient conduct of all public works functions of the Township government and shall supervise and direct the work that the Public Works Department performs. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance. [Amended by Ord. O-10-02 on 01-25-10]
§ 2.43 Division of Streets
The division of streets shall be responsible for:
(a) Administering Township ordinances relating to street openings;
(b) Providing for and supervising the removal of snow;
(c) Providing for and supervising the proper maintenance of existing Township streets and roads,
(d) Providing for and supervising the proper reconstruction of existing and new Township streets and roads;
§ 2.44 Division of Sanitation
The division of sanitation shall be responsible for:
(a)Providing for and supervising the collection of garbage and trash where applicable;
(b) Providing for and supervising the cleaning of debris from Township streets and roads;
§ 2.45 Division of Buildings
The division of buildings shall be responsible for the upkeep and maintenance of all Township buildings.
§ 2.46 Division of Vehicle Maintenance
The division of vehicle maintenance shall be responsible for the care, use and disposition of all Township vehicles, trucks, buses and heavy equipment and rolling stock, including the performance of the following duties and responsibilities:
(a) Management, general repair and maintenance of all township vehicles, trucks, buses, heavy equipment and rolling stock;
(b) Operation and supervision of garaging and storage of the same;
(c) Control the maintenance of said vehicles, buses, trucks and equipment in rolling stock by maintaining an inventory of the same, together with accessory parts, supplies, materials, tools and equipment for the repair and maintenance of same, and maintaining individual vehicle logs and records of use, mileage, cost of operation, maintenance and replacement schedules;
(d) Establish and maintain an overall preventive maintenance program;
(e) Preparation of specifications and requirements for proposals and bids for the purchase of new vehicles, buses, trucks, heavy equipment and rolling stock as well as the accessories therefore.
§ 2.47 Division of Parks and Playgrounds
The Division of Parks Playgrounds and Community Activities shall be responsible for the care and maintenance of public parks and playgrounds within the Township of Gloucester. [Amended by Ord. O-10-02 on 01-25-10] The Division of Parks, Playgrounds and Community Activities shall be responsible for coordinating all community activities such as parades, public events and public celebrations with the proper authorities, as well as, all recreational activities within the Township of Gloucester. Within the Division there shall be a Senior Community Relations Aide who shall coordinate activities of the various senior citizen groups, and develop new programs and activities for said groups. [Amended by Ord. O-10-02 on 01-25-10]
ARTICLE IX POSITION OF ENGINEERING
§ 2.48 Creation
Within the administration of the Township of Gloucester there shall be the position of Municipal Engineer. The position of Municipal Engineer, previously titled under Article IX [inactive and deleted], is hereby continued. The position of Municipal Engineer shall be appointed by the Mayor with the advice and consent of Township Council, and shall serve for a term of three (3) years from the date of appointment and until the appointment and qualification of a successor, provided that the then current serving Municipal Engineer contractually extends the Professional Services Contract on a monthly basis. In lieu of appointing an individual, a firm of engineers may be appointed, with a designated member who is a licensed civil engineer of the State of New Jersey to serve in the capacity of Municipal Engineer. Compensation shall be set in an annual salary or fixed fee basis or at an hourly rate and based on actual time and expenses agreed on prior to rendering services. [Amended & adopted by Ord. O-07-31 on 12-17-07]
§ 2.49 Duties and Responsibilities
The duties and responsibilities of the Municipal Engineer shall be as follows:
(a) Provide engineering services to the various departments, boards and agencies of the Township as directed by the Mayor, or as may be requested by the Township Council or other authorized authority;
(b) Prepare plans and specifications for public works and improvements undertaken by the Township;
(c) Provide and maintain maps, plans and specifications, surveys and records with respect to public property, works and facilities owned and operated by the Township government;
(d) Maintain the tax map on a current basis;
(e) Attend all Council meetings
§ 2.50 Appointment of additional Engineering Consultants
From time to time, additional engineering consultants may be appointed by the Mayor with the advice and consent of Council, or by a majority vote of the Township Council, to perform a specific task relating to Township projects. All such Municipal Engineer and engineering consultants shall execute a professional services contract in accordance with the laws of the State of New Jersey, wherein the specific task to be performed shall be defined and the rate of compensation shall be provided. (Amended by Ord. O-94-09 on 03-28-94) (Amended by Ord. O-95-11 on 03-13-95), (Deleted by Ord. O-96-30 on 06-24-96) [Added by Ord. O-00-21 on 08-14-00] [Amended by Ord. O-07-31 on 12-17-07]
ARTICLE X DEPARTMENT OF POLICE
§ 2.51 Creation; Director; Compensation
There shall be a Division of Emergency Management within the Department of Police. The division head shall be the Emergency Management Officer, who shall be appointed by the Chief of Police, subject to the approval of the Mayor, along with other personnel necessary for said purpose.
§ 2.51a. Division of Code Compliance
There shall be a Division of Code Compliance within the Department of Police, the head of which shall be the Code Compliance Officer, who shall be appointed by the Chief of Police, subject to the approval of the Mayor, along with such other personnel necessary for said purpose. The Division of Code Compliance shall be the enforcing agency of the licensing and regulatory ordinances and codes of the Township of Gloucester. [Added on 07-09-07 by Ord. O-07-16]
§ 2.51b Division of Emergency Management
1. There shall be a Division of Emergency Management within the Department of Police. The division head shall be the Emergency Management Officer, who shall be
appointed by the Chief of Police, subject to the approval of the Mayor, along with other personnel necessary for said purpose.
Within the Division of Emergency Management there shall be organized a Community Emergency Response Team (CERT). The head of the CERT shall be the Emergency
Management Officer, and shall consist of 5 to 15 citizens of the Township of Gloucester specifically trained to respond to emergency situations, provide critical
assistance and support to the community and Township “ First responders” (police, fire, EMS) during disasters, emergencies and events, and provide preliminary damage
assessments to assist Township officials with the allocation and prioritization of resources following a natural disaster, terroristic incident or man-made emergency.
The CERT purpose being to better prepare the community to respond to and recover from a major weather or manmade disaster or emergency. [Updated 1-10-14 by Ordinance O-14-4]
ARTICLE XI DEPARTMENT OF SUPPORT SERVICES
§ 2.52 Creation
There is hereby created a Department of Support Services, the head of which shall by the Mayor. Within the Department of Support Services, there shall be the division of fire protection, the division of emergency management services, and the division of first aid and the division of Municipal Counseling Services. The division heads and the technical personnel necessary to carry out the functions of the department and divisions shall be appointed by the Mayor as head of the department. (Amended by 0-84-2 on February 15, 1984)
§ 2.53 Division of Fire Protection
The head of the division of fire protection shall be the fire marshal who shall be appointed by the Mayor for a one year term on the recommendation of the Gloucester Township Fire Prevention Committee. He shall be subject to suspension or removal by the Mayor and shall coordinate the activities of the various fire districts with respect to their effect on the Township as a whole, enforcing the fire protection code. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
§ 2.54 Division of Emergency Management Services
The head of the division of emergency management services shall be appointed by the Mayor for a one year term subject to suspension or removal by the Mayor. He shall receive such compensation as shall be fixed from time to time, by a general salary ordinance.
§ 2.55 Division of First Aid
The head of the division of first aid shall be the Mayor. He/she shall cooperate with the various first aid squads with respect to their financial needs and effect on the Township as a whole.
§ 2.56 Division of Municipal Counseling Services
The head of the division of Municipal Counseling Services shall be appointed by the Mayor and he shall receive such compensation as shall be fixed, from time to time, by general salary ordinance. The head of the division of Municipal Counseling Services shall be responsible for the administration and supervision of all services and programs which are established by the Township and which are to be provided by or through said division. (Amended by O-84-2 on February 15, 1984)
ARTICLE XII DEPARTMENT OF RECREATION AND COMMUNITY ACTIVITIES
§ 2.57 - [Deleted by Ord. O-10-02 on 01-25-10]
§ 2.58 - [Deleted by Ord. O-10-02 on 01-25-10]
§ 2.59 - [Deleted by Ord. O-10-02 on 01-25-10]
ARTICLE XIII DEPARTMENT OF COMMUNITY SERVICES AND INFORMATION
§ 2.60 - [Deleted by Ord. O-10-46 on 11-22-10]
§ 2.61 - [Deleted by Ord. O-10-46 on 11-22-10]
§ 2.62 - [Deleted by Ord. O-10-46 on 11-22-10]
§ 2.63 - [Deleted by Ord. O-10-46 on 11-22-10]
§ 2.64 - [Deleted by Ord. O-10-46 on 11-22-10]
ARTICLE XIV DEPARTMENT OF COMMUNITY DEVELOPMENT AND PLANNING
§ 2.65 Creation; Appointment; Compensation
There is hereby created a Department of Community Development & Planning. The head of the Department of Community Development and Planning shall be the Township Planner, who shall be appointed by the Mayor with the advice and consent of Council until appointment and qualification of a successor. He shall receive compensation as shall be fixed, by salary ordinance. He shall be a duly licensed Planner of the State of New Jersey. In lieu of appointing an individual, the Mayor may appoint a firm of Planners, each member of which shall be a licensed Planner of the State of New Jersey. The Director shall be the appointing authority for all technical personnel necessary to carry out the functions of the Department. He shall be subject to the direction and supervision of the Mayor, shall be responsible for the proper inspection of all structures within the Township. He shall supervise, coordinate and direct the proper disposition of all applications pertaining to Community Development, Planning Board, Zoning Board, and serve as administrative officer of the Planning Board and Zoning Board of Adjustment, and oversee the general planning development of the Township. There may be appointed by the Mayor, with the advice and consent of Council, an Assistant Director to the Director of the Department of Community Development and Planning and whose duties shall be established by the Mayor.
(Amended by Ord. 0-87-20 on 6-22-87) (Amended by Ord. 0-94-4 on 2-28-94) (Amended on 3-13-95 by Ord. 0-95-05)(Amended by Ord. O-96-30 on 6-24-96)
§ 2.66 Deleted ( 6-22-87 by Ord. 0-87-20)
§ 2.66.1 Duties of Planner
The duties of the Planner shall be as follows:
a. Provide planning services to the various departments, boards and agencies of the Township as directed by the Council, Mayor or other authorized authority, as may be appointed or authorized by other statutory board of authority.
b. Prepare all plans and specifications for public works and improvements undertaken by the Township.
c. Attend Council meetings as may be requested by Council
d. The Director of the Department of Planning shall administer and enforce all development regulations as defined by N.J.S.A.45:55d-4.
(Amended by Ord. O-96-30 on 6-24-96)
§ 2.66.2 Appointment of additional planning consultants
From time to time, additional planning consultants may be appointed by the Mayor with the advice and consent of Council, for specific tasks relating to Township business. All such additional Planning Consultants shall execute a contract where-in the task to be performed shall be defined and the rate of compensation specified in accordance with the Local Public Contracts Law. (Amended by Ord. O-96-30 on 6-24-96)
§ 2.67 Division of Zoning, Division of Construction Code Enforcement & Municipal Housing Liaison
Within the Department of Community Development and Planning there shall be a Division of Zoning, a Division of Code Compliance a Division of Construction Code Enforcement and a Municipal Housing Liaison to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1982. [Added on 10/22/07 by Ord. O-07-27]
a. Within the division of Zoning, there shall be a Zoning Officer, who shall be appointed by the Director of Community Development and Planning. The Zoning Officer shall serve for an indefinite term and shall receive such compensation as shall be fixed from time to time, by general salary ordinance.
b. Deleted on 07-09-07 by Ord. O-07-16
c. The Division of Construction Code Enforcement shall be the Construction Code Enforcing Agency of the Township of Gloucester established under Chapter 20 of the Township of Gloucester and shall consist of such personnel as may be required and engaged under the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) (Amended by Ord. O-84-2 on 2-15-84)(Amended on 06-24- 96 by Ord. O-96-30)
d. Municipal Housing Liaison - The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Gloucester Township.
e. Administrative Agent - The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Gloucester Township to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
Establishment of Municipal Housing Liaison position, compensation, powers and duties:
A. There is hereby established the position of Municipal Housing Liaison for Gloucester Township.
B. Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part time municipal employee.
C. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Gloucester Township, including the following responsibilities which may not be contracted out, exclusive of item 6 which may be contracted out.
1. Serving as Gloucester Township/s primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;
2. Monitoring the status of all restricted units in Gloucester Township’s Fair Share Plan;
3. Compiling, verifying, and submitting annual reports as required by COAH;
4. Coordinating meetings with affordable housing providers and Administrative Agents as applicable;
5. Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
D. Subject to approval by COAH, Gloucester Township may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of Gloucester Township, except for those responsibilities which may not be contracted out pursuant to subsection C above. If Gloucester Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
E. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison. [Amended on 10-22-07 by Ord. O-07-27]
§ 2.68 Division of Construction Code Enforcement
The Division of Construction Code Enforcement shall be the Construction Code Enforcing Agency of the Township of Gloucester established under Chapter 43 of the Township of Gloucester and shall consist of such personnel as may be required and engaged under the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) (Amended 4-10-89 by Ord. 0-89-15)
§ 2.68b Deleted on 07-09-07 by Ord. O-07-16
ARTICLE XV GENERAL ADMINISTRATIVE, MISCELLANEOUS AND TRANSITIONAL PROVISIONS
§ 2.69 Other Powers and Duties of Department Heads
It is the purpose and intent of this ordinance to allow the greatest flexibility in administrative positions in order to accomplish the aims of local government, the primary aim being services to the general public. In order to accomplish this flexibility, the following items are specifically noted:
(a) All officers and employees of the Township of Gloucester may, during time of need, be asked to fill other positions on a temporary basis without compensation except as required by collective bargaining agreement and Civil Service regulations;
(b) Any administrative function, power or duty of the municipality not specifically allocated to some other department is allocated to the Department of Administration;
(c) The department heads shall appoint subordinate officers and employees within their respective departments except as otherwise provided by law, ordinance, or this charter, and with the approval of the Mayor, remove such officers and employees, subject to Civil Service Regulations and to any tenure rights of said officers or employees;
(d) All appointing powers of the department heads are subject to budget restrictions and limitations;
(e) A Department head may be appointed on an acting basis so that the Mayor may determine from actual supervision whether such acting department head should be appointed on a permanent basis. An acting department head shall have all rights and powers of the permanent department head. A person may be appointed an acting department head without the advice and consent of Council provided, however, that any such appointment of an acting director shall terminate not later than ninety (90) days after the date of the appointment, unless the Council shall, by resolution, authorize one or more extensions thereof;
(f) A division head may be appointed as an acting department head and such services shall be without additional compensation;
(g) All references in other ordinance to Mayor, Council or manager are hereby amended to read:
(1) Mayor as appointing authority for department heads and as to executive powers;
(2) Department head as appointing authority for division heads and subordinate officers and employees except as otherwise provided by law, other ordinances or this charter;
(3) Business Administrator as to functions in departments allocated to the Department of Administration and Finance in this ordinance
(4) Council as to legislative powers;
(5) As otherwise compelled by state statute or common sense;
(6) In doubtful cases, as may be decided by further ordinance.
§ 2.70 Property of the Township of Gloucester
All records, equipment and other property of any kind of description of the Township of Gloucester now in the possession of or under the control of the employees or officers of the former government of the Township of Gloucester shall be transferred to the corresponding officer, department or board provided for herein, and if none be provided, then the office of Township Clerk.
§ 2.71 Transfer of Budget Balances
All 1982 Budget appropriations and remaining budget balances in the 1982 budget of the Township of Gloucester shall be transferred to the corresponding office, board or department created by this ordinance and the remaining balances shall be available for the uses and purposes set forth in the original appropriation.
§ 2.72 Budget Adjustments
As soon as practicable after July 1, 1982, the business administrator shall transmit to the Council an appropriate resolution in the form required by the Department of Community Affairs of the State of New Jersey, to make such correction of the title, text or amount of any item of appropriation appearing in the budget for 1982 as adopted, as may be necessary to make any or all of such items of appropriation conform with the organization of the government in allocation of functions, powers and duties prescribed herein, provided that the available overall total of budget expenditures shall not be increased thereby nor shall any items of appropriations required for debt service, contingent expenses, deferred charges, statutory expenditures, judgments or reserves be reduced or limited thereby.
§ 2.73 Vacancies
In the absence of any appointment to the position of department head and division head, or in the event of any vacancy in such positions, the Mayor shall, and until an appointment is made or a vacancy filled, serve as such department or division head without additional compensation.
§ 2.73.1. Idemnification of Township Appointees and Officials
Indemnification of Township Appointees and Officials.
A. Subject to New Jersey statutes as provided, the Township Council of the Township of Gloucester does hereby authorize the indemnification of its appointees and officials while acting in the course of their duties, including members of Council.
B. There shall be no indemnification pursuant to this ordinance if it is established that the public appointee or official acted or failed to act because of actual fraud, malice or willful misconduct.
C. All suits, claims or demands upon former appointees, officials or council persons who have been named individually as defendants in civil suits relative to township business during the term of their holding office in the Township of Gloucester or as a result of holding such office shall be defended, and said former appointee, official or council person shall be indemnified and held harmless by the Township of Gloucester.
(Amended by Ordinance 0-84-21 on May 30, 1984)
§ 2.73.2 Anti-Nepotism
Anti-Nepotism: The policy of anti-nepotism is expanded to prohibit the appointment or continuing employment by the appointing authority or members of the appointing authority of persons related by blood or marriage to the appointing authority, or members of the appointing authority, who shall serve in subordinate jobs, positions or offices or for profit in the Township of Gloucester. No person who is a relative of any Township Appointing Authority shall be appointed and/or employed by the township unless such is recognized by statutory protection. This enhanced anti-nepotism ordinance is to end any preferential recognition of the relatives of local governmental officials.(Amended on 09-09-96 by Ord. O-96-35)
DEFINITIONS:
Nepotism: The bestowal of patronage by public officers in appointing others to offices or positions by reason of their blood or marital relationship to the appointing authority, rather than because of the merit or ability of the appointee.
Appointing Authority: Shall be defined to include the office of the Mayor, Township Council, Department Heads, Statutory Boards, Authorities, Agencies and Committees.
PROHIBITED:
No Appointing Authority shall appoint, or employ with or without compensation, persons related by blood or marriage to any subordinate job, position or office or services for profit in the Township Government of the Township of Gloucester.
EXCEPTION:
Nothing in this section shall be interpreted so as to prohibit the appointment or employment of persons to positions pursuant to the rules and regulations of the Department of Personnel of the State of New Jersey, N.J.S.A. 11A:1-1 "Civil Service Act"and Title 4A of the New Jersey Administrative Code, and contracts and agreements advertised for and let by bids pursuant to N.J.S.A. 40a:11-1.
§ 2.73.3 Insurance Benefits
The purpose of this section is to eliminate immediately the provision of group medical insurance benefits and/or any local property tax credit benefit and/or any "Flex Plan" policy benefit in lieu thereof to all elected and part-time appointed officials. Said policy shall become applicable to the part time appointed Gloucester Township Municipal Utilities Authority Commissioners and the part time appointed officials thereof. This section applies in prohibition of provision to all elected and part time appointed officials regardless of the date of appointment or election. Thirty days from effective date of this ordinance is extended to enable one to secure new non-taxpayer financed medical insurance coverage. For the purpose of this section, the elected position of Mayor, shall not be eliminated from the provision of group medical insurance benefits. [Amended on 01-22-01 by Ord. O-00-41]
Accountability of Insurance Benefit Provisions
The township administrator shall report to Council in writing within 30 days previously the participating beneficiaries of the township's group medical insurance program and/or the local property tax credit benefit and/or any "Flex Plan" policy benefit serving as elected and/or appointed capacity at any time since July 1, 1994.(Amended on 06-24-96 by Ord. O-96-29)(Amended on 09-09-96 by Ord. O-96-35)
§ 2.73.4 Local Government Ethics Law Financial Disclosure Statement
The filing of the Local Government Ethics Law Financial Disclosure Statement shall be a prerequisite to all appointments and employments of those subject to the statutory annual requirement. This legislative intent is to enhance integrity by precluding potential appointments and employments with potential conflicts of interest.(Amended on 09-09-96 by Ord. O-96-35)
§ 2.73.5 Prohibiting Political Fund-Raising On Or By Use Of Public Property
There is hereby created a ban prohibiting political fund-raising on or by use of public property. [Adopted by Ord. O-99-42 on 11-22-99]
ARTICLE XVI STATUTORY BOARDS, AUTHORITIES, AGENCIES AND COMMITTEES
§ 2.74 Planning Board
The Planning Board of the Township of Gloucester heretofore created by ordinance pursuant to general law (but not the members, staff, professional employees consultants thereof) is continued with the functions, powers and duties prescribed by general law and ordinance, and pursuant to N.J.S.A. 40:55D-23, the Class II and Class IV members shall be appointed by the Mayor, while the Class III members shall be appointed by the Council. Two alternate members designated as alternate #1 and alternate #2 shall be appointed by the Mayor for a two (2) year rotating term, with one of the initial appointments to be for one year. The initial terms of the Class IV members of the planning board shall be one for one year, two for two years, two for three years, and one for four years.
§ 2.75 Zoning Board of Adjustment
The Zoning Board of Adjustment of the Township of Gloucester heretofore created by ordinance pursuant to general law (but not the members, staff, professional employees or consultants thereof) is continued with the functions, powers and duties prescribed by general law and ordinance. The Zoning Board members shall be appointed by the Township Council for four year terms from the first day of July. The initial term shall be for a period of four years for one member, three years for two members, two years for two members, and one year for two members. Four alternate members are designated as alternate #1, alternate #2, alternate #3 and alternate #4 and shall be appointed by the Township Council for two year alternating terms, the terms of not more than 2 alternates shall expire in any one year.[Amended on 03-27-06 by Ord. O-06-09]
§ 2.76 Local Assistance Board
The Local Assistance Board shall consist of five persons, at least one of whom shall be a woman. They shall be appointed by the Mayor upon the approval of the governing body and shall serve without compensation but shall be allowed their necessary and actual expenses. The term of one member shall be for one year and such member may be appointed from among the membership of the Township Council. The terms of other members shall be for four years each, one term expiring in each year. The term of each member shall begin on the first day of July and each member shall continue in office until a successor shall be appointed and shall qualify. A vacancy shall be filled for the unexpired terms only. The executive and administrative officer of the Board of Assistance shall be the Director of Welfare, who shall be appointed by the Local Assistance Board to serve for a term of five years from the date of his appointment and until a successor is appointed and qualified. The Board shall have the powers and responsibilities as set forth in 44:8-N.J.S.A. 44:8-114 et seq, as amended.[Amended on 03-27-06 by Ord. O-06-09]
§ 2.77 Rent Stabilization Board
(a) There is hereby established within the Township of Gloucester a Rent Stabilization Board, hereinafter referred to as the “Board”, which shall consist of five (5) members, all of whom shall be appointed by the Township Council and shall serve without compensation. The membership of the Board shall consist of one (1) landlord owning or managing a multiple dwelling affected by this Ordinance, one (1) tenant residing in a multiple dwelling affected by this Ordinance, and three (3) resident homeowners of the Township of Gloucester, all as further defined by §68-2. The terms of office of the members first appointed shall be as follows: one (1) landlord, one (1) tenant and one (1) homeowner shall be appointed for terms of one (1) year; and two (2) homeowners shall be appointed for terms of two (2) years. Thereafter, as the term of each original appointment shall expire, each member or replacement member shall be appointed for a term of two (2) years. There shall be three (3) alternate members; one (1) landlord; one (1) tenant; and one (1) resident homeowner of the Township of Gloucester. Alternate members shall be appointed for terms of one (1) year beginning on July 1st of each year. Alternate members shall be appointed by the Township Council, and any vacancies occurring in the membership of alternate members shall be filled by Township Council for the unexpired term in accordance with the provision of this Ordinance. Alternate members shall serve in the absence or disqualification of a regular member, without particular regard to the class of membership, although preference shall be given, as may be practicable, to the class of the regular member not available to serve. [Amended on 03-26-01 by Ord. O-01-09] The board shall have jurisdiction, powers and duties as prescribed by the Rent Stabilization Ordinance (0-77-18) and shall, generally, administer and implement the objectives and purposes of said ordinance;
(b) There is hereby created the position of attorney to the Rent Stabilization Board, who shall be appointed by the Mayor with the advice and consent of Council for a term of one year, and shall receive such compensation as may be fixed from time to time by the Township Council in a general salary ordinance and/or budget. The attorney shall serve as legal advisor to the board on all matters of board business and shall represent the board in all judicial and administrative proceedings wherein said board is a party. He shall attend all meetings of the board and give legal counsel and advice wherever required by the board or its members on business of the board and perform such duties as may be provided by the law and/or ordinance.
(c) There is hereby created a position of Administrative Officer to the Rent Stabilization Board. Said Administrative Officer shall be appointed by the Mayor and shall receive such compensation as may be fixed from time to time by Township Council in the general salary ordinance and/or budget. The Administrative Officer shall process all applications to the Rent Stabilization Board and administer and enforce the provisions of the Rent Stabilization Ordinance. The Administrative Officer shall handle all matters involving tenants and landlords rights and for enforcement of same to sign complaints. The Administrative Officer shall also perform such duties as may be further provided by law or ordinance or direction of the Mayor. (Amended 8-22-88, by Ordinance #0-88-37)
(d) There is hereby created the position of accountant (CPA) to the Rent Stabilization Board. Said accountant (CPA) shall be appointed by the Mayor, with the advice and consent of Council, for a term of one (l) year and shall receive such compensation as may be fixed from time to time by the Township Council as part of a general salary ordinance, budget or professional contract. The accountant (CPA) shall serve the Rent Stabilization Board in rent increase applications when requested by the Board pursuant to 68-4C of the Rent Stabilization Ordinance. (Amended by Ord. 0-94-22 on 6-27-94)
§ 2.78 Municipal Utilities Authority
The Gloucester Township Municipal Utilities Authority heretofore created by ordinance pursuant to general law (but not the members, staff, professional employees or consultants thereof) is continued with the functions, powers and duties prescribed by general law and ordinance. It shall be composed of five members and two alternated designated as alternate #1 and alternate #2 to be appointed by the Mayor with the advice and consent of Council, all of whom shall serve for the terms prescribed by law.
§ 2.79 Housing Authority
The Gloucester Township Housing Authority heretofore created by ordinance pursuant to general law is continued with the powers, functions and duties prescribed by general law and ordinance. Said authority shall consist of seven members; five members of which shall be appointed by the Council, one member of which shall be appointed by the Mayor and the remaining member shall be appointed by the Commissioner of Community Affairs. All shall serve such terms as shall be prescribed by general law and ordinance.
§ 2.80 Municipal Court
The Municipal Court of the Township of Gloucester, previously established by Ordinance 148 (Chapter 7 of the Code of the Township of Gloucester), is hereby continued. The Judge of the Municipal Court shall be appointed by the Mayor with the advice and consent of the Township Council and he shall serve for a term of three (3) years from the date of his appointment and until his successor is appointed and qualified. Any appointment to fill a vacancy caused other than by expiration of term shall be made for the unexpired term only. The Judge of the Municipal Court shall exercise such powers and perform such duties as shall be prescribed by law and Rules of the Supreme Court of the State of New Jersey. For the proper functioning of the Municipal Court there shall be a Municipal Court Administrator, A Municipal Court Clerk and a Deputy Municipal Court Clerk and such other clerical and assistants for the Municipal Court as, from time to time, may be provided by Mayor and Township Council.(Amended by 0-84-5 on 3-26-84)
§ 2.81 Advisory Board of Health
[Deleted by Ord. O-05-18 on 06-27-05]
§ 2.82 Advisory Shade Tree Committee
There is hereby created an Advisory Shade Tree Committee of the township of Gloucester shall consist of five members appointed by the Council to serve without compensation for a term of one year from the first day of July of the year of appointment and until their successors are appointed and qualified. This committee shall investigate, study and make surveys relating to the care, treatment, removal, planting, preservation, regulation and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places and parks within and under the jurisdiction of the Township of Gloucester and the grounds surrounding the same so far as may be necessary for their proper growth, care and protection. It shall make recommendations and formulate proposals concerning the same and also with respect to the care, treatment, removal ,planting, preservation, regulation and control of trees situate on private property in cases where such trees may be diseased or dangerous to public safety. The committee shall report and make proposals and recommendations to the Council and perform such other related duties and functions as may be, from time to time, assigned or delegated to it or prescribed by the Council.
§ 2.83 Advisory Parks and Recreation Committee
There is hereby created an Advisory Committee for Recreation and Parks of the Township of Gloucester, which shall consist of seven (7) members and two (2) alternate members to be appointed by the Township Council, to serve without compensation, whose members and duties are more particularly set forth in Chapter 23 of the Code of the Township of Gloucester.(Amended on 12-09-96 by Ord. O-96-44)[Amended on 02-27-06 by Ord. O-06-05]
§ 2.84 Advisory Economic Development Committee
There is hereby created an Advisory Economic Development Board, which shall consist of seven members to be appointed by the Council to serve without compensation for the term of one year from the first day of July of the year of appointment and until their successors are appointed and qualified, The board shall inquire into and survey the extent, advantages and utility of the vacant lands and other lands of the Township, classify such lands according to their adaptability and various types of industrial and commercial enterprise, study and analyze the various industries of the Nation with a view to ascertain the opportunities for industrial and commercial expansion of the Township, make a study of the tax structure with a view to reducing the tax burden of the Township, report at least quarterly and made recommendations to the Mayor and Council.
§ 2.85 Advisory Library Board
There shall be created an Advisory Library Board of the Township of Gloucester, which shall consist of seven members to be appointed by the Council to serve without compensation for the term of one year from the first day of July in the year of appointment, The board shall recommend and establish policy for the operation of the library and recommend the direction and supervision of the activities of the library to the Mayor and Council.
§ 2.86 Advisory Blackwood Lake Committee
There shall be created a Blackwood Lake Advisory Committee, which shall be composed of seven (7) members appointed by the Township Council, and one member of the Township Council, to be appointed by the Township Council, to serve as Council Liaison to the Advisory Committee for Blackwood Lake, as a non-voting member. The Council Liaison shall be appointed at the Council Reorganization meeting and shall serve for a term of one year. There shall be one person from the Historical Committee and one person from Blackwood West. The five remaining members shall be citizens and residents of the Township of Gloucester. All initial appointments pursuant to this Ordinance shall expire on June 30, 2000. Thereafter, the Council member shall be appointed for one (1) year as provided. Four members shall be appointed for a one (1) year term and three members shall be appointed for a two (2) year term and thereafter, all members shall be appointed for two (2) year terms. Further, the Director of the Department of Public Works and the Director of the Department of Community Development and Planning shall serve as “ex officio” members of the committee and shall have no voting rights. Members shall receive no compensation for their services but may receive reimbursements for proper and authorized out-of-pocket expenses in accordance with existing Township regulations, and within the limits of funds appropriated to it for such purpose by the Township Council. [Abolished on 12-27-99 by Ord. No. O-99-49] [Amended on 12-29-99 by Ord. No. O-99-48]
§ 2.87 Advisory Refuse Reclamation Committee
There shall be created an Advisory Refuse Reclamation Committee in the Township of Gloucester consisting of five members to be appointed by the Council to serve without compensation for the term of one year from the first day of July, in the year of appointment. This committee shall investigate and study problems of ecological concern to the Township and report and recommend action to be taken by the governing body in the areas of conservation and ecology.
§ 2.88 Advisory Historic and Scenic Preservation Committee
There is hereby created an Advisory Historical and Scenic Preservation Committee of the Township of Gloucester, whose membership and duties are more particularly set out in Chapter 3 of the Code of Gloucester Township.
§ 2.89 Environmental and Open Space Advisory Committee
There is hereby created an Environmental and Open Space Advisory Committee of the Township of Gloucester whose membership and duties are more particularly set out in Chapter 9 of the Code of Gloucester Township.[Amended on 04-28-03 by Ord. O-03-13]
§ 2.90 Advisory Fire Prevention Committee
There is hereby established a Fire Prevention Committee of he Township of Gloucester whose membership and duties are more specifically set out in Chapter 10-A of the Code of Township of Gloucester.
§ 2.91 Youth Recognition and Assistance Committee
There is hereby created a Youth Recognition and Assistance Committee of the Township of Gloucester whose membership and duties are more particularly set out in Chapter 22 of the Code of the Township of Gloucester.
§ 2.92 Multiple Dwelling Emergency Commission
There is hereby created a Multiple Dwelling Emergency Commission whose membership and duties are more particularly set out in Chapter 64 of the Code of the Township of Gloucester.
§ 2.93 Community Development Block Grant Advisory Committee
There is hereby created a Community Development Block Grant Advisory Committee of the Township of Gloucester, which shall consist of nine members to be appointed by the Council to serve without compensation for a term of one year from the first day of July of the year of appointment and until their successors are appointed and qualified. This board shall have all the duties prescribed by federal, state and local regulations applicable thereto.
§ 2.93a Local Defense Council
There is hereby created a local defense council consisting of fifteen (15) members who shall be appointed by the Mayor and who shall hold office at the will and pleasure of the Mayor. The Municipal Disaster Control Director shall be a member of said council and shall serve as its chairman. The local defense council shall assist the municipality in establishing the various local volunteer agencies needed to meet the requirements of all local civilian defense and disaster control activities in accordance with the rules and regulations established by the Governor in pursuance of the provisions of Chapter 438, P.L. 1953 and the amendments thereto. The local defense council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the civilian defense and disaster control activities of the local municipality. It shall be lawful for the members of the local defense council also to members of other agencies created because of any emergency. (Added 5-13-85 by Ordinance No. 30)
§ 2.93b Veterans Affairs Committee
There is hereby created a Veterans Affairs Advisory Committee of the Township of Gloucester which shall consist of two (2) members from each Veteran Post, appointed by each Veterans Post. This committee shall coordinate the activities of the Veterans groups with the proper authorities and develop new programs and activities for said groups.(Added 6-22-87 by Ordinance 0-87-20)(Amended-5-14-90 Ord 0-90-20) (Amended 5-30-90 Ord. 0-90-25)
§ 2.94 Human Relations Commission
There is hereby created a Human Relations Commission formed by the Mayor of the Township of Gloucester pursuant to the authority of N.J.S.A. 10:5-1; and it is the desire of the Township Council to establish the Human Relations Commissions as part of the Code of the Township of Gloucester. (Adopted by Ord. O-98-27 and added on 08-24-98)
ARTICLE XVII MISCELLANEOUS
§ 2.95 Severability
If any section or part of this ordinance shall be declared invalid by the judgement of any court of competent jurisdiction, such section or part shall be deemed to be severable from the remainder of the ordinance.
§ 2.96 Inconsistency
All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistencies only, but all ordinances and resolutions to the extent that they are no inconsistent shall remain in full force and effect.
§ 2.97 Effective Date
This ordinance shall take effect as an ordinance upon final passage and publication according to law, and shall go into effect as a reorganization resolution on July 1, 1982.