2-1 Restatement of the Major Provision of the Borough's Charter

CHAPTER II ADMINISTRATION*

Article I Administrative Code

2-1 RESTATEMENT OF THE MAJOR PROVISION OF THE BOROUGH'S CHARTER.

2-2 MAYOR AND COUNCIL.

2-2.1 Terms of Office.

2-2.2 Powers and Duties of the Mayor.

2-2.3Powers and Duties of the Council.

2-2.4Vacancies.

2-2.5Organizational Structure.

2-2.6 Meetings.

2-2.7 Meetings - Procedure.

2-2.8 Communications Among and Between Members of the Governing Body.

2-2.9 Parliamentary Procedure.

TABLE I PARLIAMENTARY PROCEDURE

TABLE I PARLIAMENTARY PROCEDURE- Continued

TABLE II ORDER OF PRECEDENCE

2-2.10 Introduction and Adoption of Ordinances.

2-2.11 Standards of Conduct.

2-3 TERMS OF OFFICE.

2-4 MUNICIPAL BUILDINGS AND OTHER CAPITAL PROJECTS.

2-5 AMENDMENTS.

2-6 - 2-7 RESERVED.

Article II Officers and Employees

2-8 BOROUGH ADMINISTRATOR.

2-8.1 Office Established.

2-8.2 Appointment.

2-8.3 Compensation.

2-8.4 Prohibition Against Engaging in Political Activity.

2-8.5 Restriction on Outside Employment.

2-8.6 Appointment of Deputy Administrator.

2-8.7 Duties of the Administrator.

2-8.8 Additional Duties of the Administrator.

2-9 OFFICE OF THE BOROUGH CLERK.

2-9.1 Reserved.

2-9.2 Deputy Borough Clerk.

2-10 CHIEF FINANCIAL OFFICER.

2-10.1 Establishment of Position of Chief Financial Officer.

2-10.2 Duties of Chief Financial Officer.

2-10.3 Term of Office.

2-10.4 Tenure.

2-10.5 Removal from Office.

2-10.6 Salary and Other Compensation.

2-11 TAX COLLECTOR.

2-11.1 Reserved.

2-11.2 Deputy Tax Collector.

2-12 RESERVED.

2-13 RESERVED.

2-14 MUNICIPAL PROSECUTOR.

2-14.1 Office Established.

2-14.2 Duties.

2-14.3 Appointment.

2-14.4 Compensation.

2-14.5 Municipal Prosecutor for Zoning Violations.

2-15 MUNICIPAL PUBLIC DEFENDER.

2-15.1 Office Established.

2-15.2 Definitions.

2-15.3 Qualifications; Term.

2-15.4 Filling Vacancies.

2-15.5 Removal.

2-15.6 Private Clients.

2-15.7 Compensation.

2-15.8 Duties.

2-15.9 Representation.

2-15.10 Temporary Appointment.

2-15.11 Privilege.

2-15.12 Defendant Eligibility.

2-15.13 Reimbursement; Lien.

2-15.14 Application Fee.

2-15.15 Effective Date.

2-16 LOCAL PAY-TO-PLAY POLICIES.

2-16.1 Prohibition on Awarding Public Contracts to Certain Contributors.

2-16.2 Contributions Made Prior to the Effective Date.

2-16.3 Contribution Statement by Professional Business Entity.

2-16.4 Return of Excess Contributions.

2-16.5 Penalty.

2-16.6 Severability.

2-17 ACCEPTANCE OF GIFTS BY BOROUGH OFFICIALS AND EMPLOYEES.

2-18 - 2-23 RESERVED.

Article III Departments Created

2-24 POLICE DEPARTMENT.*

2-24.1 Establishment.

2-24.2 Duties.

2-24.3 Appropriate Authority.

2-24.4 Chief of Police; Powers and Duties.

2-24.5 Appointment of Police Officers.

2-24.6 Disciplinary Action.

2-24.7 Special Police Officers.

2-24.8 Civilian Dispatchers.

2-24.9 Compensation.

2-24.10 Chaplain.

2-24.11 Off-Duty Employment.

2-24.12 Parking Enforcement Officers.

2-25 FIRE DEPARTMENT.

2-25.1 Established; Purpose.

2-25.2 Constitution and Bylaws.

2-25.3 Election of Members; Qualifications.

2-25.4 Qualifications for Appointment.

2-25.5 Exemption Certificate.

2-25.6 Annual Report.

2-26 - 2-34 RESERVED.

Article IV Municipal Court

2-35 MUNICIPAL COURT ESTABLISHED.

2-35.1 Establishment.

2-35.2 Seal.

2-35.3 Municipal Judge.

2-35.4 Powers, Duties, Jurisdiction.

2-35.5 Salary of Municipal Judge.

2-35.6 Municipal Court Discovery.

Article V Boards, Committees and Commissions

2-36 BOARD OF HEALTH.

2-36.1 Board of Health Established.

2-36.2 Number of Members; Term of Office.

2-36.3 Rules and Regulations.

2-36.4 Appointments of Clerk, Sanitary Inspector and Registrar of Vital Statistics.

2-36.5 Appropriation; Contracting of Debts.

2-37 ENVIRONMENTAL COMMISSION.

2-37.1 Commission Established; Number of Members; Terms of Office.

2-37.2 Powers of Commission; Index of Open Lands.

2-37.3 Acquisition of Property by Commission.

2-37.4 Records of Meetings; Annual Reports.

2-37.5 Expenses; Appointment of Employees.

2-37.6 Powers of the Environmental Commission.

2-37.7 Alternate Members.

2-38 SHADE TREE COMMITTEE.*

2-38.1 Established.

2-38.2 Appointment; Terms.

2-38.3 Filling of Vacancies.

2-38.4 Powers.

2-38.5 Reports to Governing Body.

2-39 RECREATION ADVISORY COMMITTEE.*

2-39.1 Established; Membership; Terms; Compensation.

2-39.2 Election of Officers.

2-39.3 Meetings.

2-39.4 Reports.

2-39.5 Duties.

2-40 DOWNTOWN DEVELOPMENT COMMISSION.

2-40.1 Purpose.

2-40.2 Membership.

2-40.3 Organization and Meetings.

2-40.4 Powers.

2-40.5 Recommendations.

2-40.6 Limitations of Powers.

2-40.7 Staff Assistance.

2-40.8 Appropriations; Annual Report.

2-41 AFFORDABLE HOUSING BOARD.

2-41.1 Establishment of Bernardsville Affordable Housing Board.

2-41.2 Chairman, Vice-Chairman and Secretary of the Board.

2-41.3 Powers.

2-41.4 Adoption of Bylaws.

2-41.5 Fund Established to Acquire Units on Resale.

2-42 OPEN SPACE ADVISORY COMMITTEE.

2-42.1 Establishment.

2-42.2 Terms of Office and Vacancies.

2-42.3 Organization.

2-42.4 Duties.

2-43 OFFICE OF EMERGENCY MANAGEMENT.

2-43.1 Establishment.

2-43.2 Emergency Management Coordinator.

2-43.3Deputy Emergency Management Coordinator(s).

2-43.4 Emergency Management Council.

2-43.5 Community Emergency Response Team.

2-43.6 Mission, Organization and Purpose.

2-43.7 Membership.

2-43.8 Training.

2-43.9Other Volunteers.

2-44 HISTORIC PRESERVATION ADVISORY COMMITTEE.

2-44.1 Creation; Membership; Terms.

2-44.2 Responsibilities.

2-44.3 Referral of Board Applications.

2-44.4 Referral of Permit Applications.

2-44.5 Design Standards.

2-45 HOUSING ADVISORY COMMITTEE.

2-45.1 Establishment.

2-45.2 Terms of Office and Vacancies.

2-45.3 Organization.

2-45.4 Duties.

2-46 - 2-59 RESERVED.

Article VI Administrative Procedures and Policies

2-60 Fees for copies of ordinances, records and services.

2-60.1 Fees for Copies of Ordinances and Other Borough Records.

2-60.2Fees for Notary Services by the Borough Clerk and Other Borough Officials.

2-61 PAYMENT OF CLAIMS.

2-61.1 Itemized Bill Required.

2-61.2 Procedures.

2-61.3 Claims to be Accepted or Rejected by Mayor and Council; Rejection Procedure.

2-61.4 Recording of Claims.

2-61.5 Approval of Claims; Processing of Checks.

2-61.6 Payroll.

2-62 FARMLAND ASSESSMENT INSPECTION FEE.

2-63 DEFENSE AND INDEMNIFICATION OF BOROUGH EMPLOYEES.

2-63.1 Duty to Defend.

2-63.2 Exceptions.

2-63.3 Punitive Damages.

2-63.4 Notice.

2-63.5 Exclusive Control as a Condition for Such Defense.

2-63.6 Representation.

2-63.7 Indemnification.

2-63.8 Definitions.

2-64 MARRIAGE AND CIVIL UNION CEREMONIES; FEES.

2-64.1 Purpose.

2-64.2 Collection of Fees.

2-64.3 Compensation and Reimbursement of Expenses Incurred through the Performance of Marriage and Civil Union Ceremonies.

2-65 - 2-69 RESERVED.

Article VII Agreements and Contracts

2-70 AGREEMENTS AND CONTRACTS.

2-70.1 Contract with the County of Somerset for Community Development Activities.

2-70.2 Agreement with the Township of Mendham for Mutual Fire, Police and First Aid in Emergencies.

2-70.3 Reserved.

2-70.4 Intermunicipal Agreement for Mutual Police and Fire Aid.

2-70.5 Cooperative Pricing Agreement with the County of Somerset.

2-70.6 Joint Pricing Agreement with the Board of Education of the Borough of Bernardsville and/or the Board of Education of the Township of Wayne.

2-70.7 Contract with the Township of Bernards, Borough of Far Hills, Township of Bedminster and Borough of Peapack-Gladstone for Joint Services for Local Public Health Services.

2-70.8 Joint Purchasing Agreement with the Borough of Bernardsville, Township of Warren and Township of Bernards.

2-70.9 Contract with the County of Somerset for the Furnishing of Certain Services and Facilities.

2-70.10 Participation in the Joint Insurance Fund.

2-70.11 Contract with the Township of Bedminster and Long Hill Township to Provide Street Sweeping Services.

2-70.12 Contract with the New Jersey Housing and Mortgage Finance Agency.

2-70.13 Mutual Police Aid in Emergencies.

2-70.14 Contract with the Borough of Mendham to Provide for the Sharing of Certain Expenses and Personnel in the Enforcement of Their Construction Codes.

2-70.15 Agreement with Somerset County for the Implementation of a Drug and Alcohol Policy.

CHAPTER II ADMINISTRATION[*]

Article I Administrative Code

2-1 RESTATEMENT OF THE MAJOR PROVISION OF THE BOROUGH'S CHARTER.

The inhabitants of Bernardsville Borough are hereby continued as a body politic and corporate in law as heretofore constituted and established and shall be known by the name of "The Borough of Bernardsville, in the County of Somerset," and the boundaries of the Borough shall be and remain as heretofore established by law. The Borough shall have full power to sue and be sued and have a corporate seal. (Ord. #94-1005, §3; Ord. #2002-1275; Ord. #2005-1383)

2-2 MAYOR AND COUNCIL.

2-2.1 Terms of Office.

The Mayor shall be elected by the voters at large and shall serve for a term of four (4) years and until his or her successor shall have qualified. The Council shall consist of six (6) members, elected at large and shall serve for a term of three (3) years and until their successors shall have qualified. Their terms shall be arranged so the terms of two (2) Councilmen shall expire at the end of each year. (N.J.S.A. 40A:60-2). (Ord. #94-1005 §3; Ord. #2002-1275; Ord. #2005-1383)

2-2.2 Powers and Duties of the Mayor.

a.The Mayor shall be the head of the municipal government.

b.The Mayor shall have all those powers designated by general law.

c.The Mayor shall preside at meetings of the Council and may vote to break a tie.

d.Every ordinance adopted by the Council shall, within five (5) days after its passage, Sundays excepted, be presented to the Mayor by the Borough Clerk. The Mayor shall, within ten (10) days after receiving the ordinance, Sundays excepted, either approve the ordinance by affixing his or her signature thereto or return it to the Council by delivering it to the Clerk together with a statement setting forth his objections thereto or any item or part thereof. No ordinance or any item or part thereof shall take effect without the Mayor's approval, unless the Mayor fails to return the ordinance to the Council, as prescribed above, or unless the Council, upon consideration of the ordinance following its return, shall, by a vote of two-thirds (2/3) of all the members of Council, resolve to override the veto.

e.No ordinance shall be passed, or appointment of any subordinate officer of the Borough be confirmed, except by a vote of a majority of the members of the Council present at the meeting, provided that at least three (3) affirmative votes shall be required for such purpose, the Mayor voting only in the case of a tie.

f.If any ordinance contains more than one (1) distinct section, clause or item, the Mayor may approve one (1) or more thereof and veto the rest.

g.The Mayor shall nominate and, with the advice and consent of Council, appoint all subordinate officers of the Borough, unless the specific terms of the general law clearly require a different appointment procedure. The Mayor shall make his or her nomination to any such office within thirty (30) days of that office becoming vacant.

h.The Mayor shall see to it that the laws of the State and the ordinances of the Borough are faithfully executed. The Mayor shall recommend to the Council such measures as he or she may deem necessary or expedient for the welfare of the Borough. The Mayor shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough. (See Borough Code Section 3-11)

i.The Mayor shall, at his option, represent the Borough in any ceremonial activities to which the Borough is invited. In the event that the Mayor is unable to so represent the Borough, he or she may request that a member of the Council attend in his stead.

j.The Mayor shall be a member of the Planning Board (Class I member). (N.J.S.A. 40:55D-23.)

k.The Mayor shall have sole power of appointment of members of the following boards and bodies:

1.The Planning Board - eight (8) of the nine (9) members, in accordance with the requirements of the Borough Land Use Ordinance and N.J.S.A. 40:55D-23.

2.Environmental Commission - all seven (7) members and designate Chair. (Borough Code Section 2-37 and N.J.S.A. 40:56A-1.)

3.Shade Tree Committee - five (5) to ten (10) members (one (1) of whom shall be a member of the Environmental Commission). (Borough Code Section 2-38 and N.J.S.A. 50:64-1.)

l.The Mayor shall nominate, and appoint only with the advice and consent of the Council, the members of the following boards:

1.Board of Health - all seven (7) members. (Borough Code Section 2-36 and N.J.S.A. 26:3-5.)

2.Local Assistance Commission - all three (3) members. (N.J.S.A. 44:8-115.)

3.Recreation Advisory Committee - Between seven (7) and twelve (12) members. (Borough Code subsection 2-39.1.)

4.Library Board of Trustees – The Board of Trustees consists of from seven (7) to nine (9) members, one (1) of whom shall be the Mayor (or alternate) and one (1) of whom shall be the Superintendent of Schools (or alternate). The Mayor shall; appoint the remaining five (5) to seven (7) members, at least four (4) of whom shall be residents of the Borough. (N.J.S.A. 40:55-9.)

m.The Mayor may appoint, with the advice and consent of the Council, non-standing or special committees, comprised of members of the Governing Body and/or other persons as circumstances require.

n.The Mayor shall appoint, with the advice and consent of the Council, a Borough Attorney, Borough Prosecutor, Borough Public Defender, Borough Administrator, Construction Official, Subcode Officials, Borough Engineer and such other officers as the Council may deem necessary. Except as otherwise provided by law, said officers shall hold office for one (1) year and until their successors shall have qualified. The Borough Engineer's term of office shall be three (3) years. (N.J.S.A. 40A:9-140.) In the event the Mayor does not make a nomination to fill an appointed office within a period of thirty (30) days after the office becomes vacant or in the event the Council fails to confirm any nomination as required above, then upon the expiration of the thirty (30) day period, the Council, at its discretion, may appoint said officers by majority vote of the Council, provided at least three (3) affirmative votes are cast. (N.J.S.A. 40A:60-6.)

o.Except as authorized by the Council, this Administrative Code or the New Jersey Borough Law, N.J.S.A. 40A:60-1, et seq., the Mayor shall not interfere with the operation or day-to-day management of any Borough department.

(Ord. #94-1005 §3; Ord. #2002-1275; Ord. #2005-1383)

2-2.3Powers and Duties of the Council.

The Council shall be the legislative body of the municipality.

a.The Council may, subject to general law and the provisions of this act:

1.Pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law;

2.Control and regulate the finances of the municipality and raise money by borrowing or taxation;

3.Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the Council. Other than the Borough Attorney, Engineer, Construction Official, Tax Collector, Assessor, Clerk and other officers with specific statutory terms, these officers shall serve at the pleasure of the Council. Except where specifically required by law, no Borough officer shall be required to be a resident of the Borough;

4.Investigate any activity of the municipality;

5.Remove any officer of the municipality, other than those officers excepted by law, for cause; and

6.Override a veto of the Mayor by a two-thirds (2/3) majority of all the members of the Council.

b.The Council shall have all the executive responsibilities of the municipality not placed, by general law or this Code, in the office of the Mayor.

c.The Council, whenever it fails to confirm the nomination by the Mayor of any official to a subordinate office of the Borough within thirty (30) days of being presented such nomination, shall make the appointment to that office, provided that at least three (3) affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie.

d.The Council shall appoint one of its members to the Planning Board (Class III). (N.J.S.A. 40:55D-23.)

e.The Council shall have the sole authority to appoint the members of the Board of Adjustment. (Article 3, Section 3-1 of the Borough Land Development Regulations and N.J.S.A. 40:55D-69.)

f.The Council shall appoint a Borough Clerk (N.J.S.A. 40A:9-133) and Chief Financial Officer (N.J.S.A. 40A:9-140.1) and other officers pursuant to State law.

g.The Council shall appoint one of its members, or the Mayor or a Borough employee as a Fund Commissioner to the Suburban Municipal Joint Insurance Fund. In addition, the Council shall appoint an alternate to attend meetings and exercise the full force and authority of the Fund Commissioner in his or her absence.

h.The Council's authority may only be exercised by a quorum at a meeting which has been noticed in compliance with the Open Public Meetings Act. No Council committee and no individual Council member or members may exercise the Council's legislative or administrative authority and no individual Council member shall interfere with the operations or day-to-day management of any Borough department or with the activities or operations of any outside contractor performing services on behalf of the Borough.

i.The Borough Administrator or a department head may request that any directive or request from an individual member of the Council, or a Council committee be in writing if the Borough Administrator or department head feels that there is a potential conflict of interest or that such directive or request has not been properly authorized by the full Council. If the Borough Administrator or department head is still not satisfied after receiving a written directive, or if no written directive is provided, he or she shall submit the matter to the full Council for direction. Directives from individual Council members to other Borough employees who are not department heads, are strictly prohibited.

(Ord. #94-1005 §3; Ord. #2002-1275; Ord. #2005-1383; Ord. #2009-1506 §1)

2-2.4Vacancies.

a.A vacancy occurring in the office of the Mayor or any member of the Council shall be filled in the manner provided by the "Municipal Governing Body Vacancy Law." (N.J.S.A. 40A:16-1, et seq.)

b.The office of a Mayor or a member of the Governing Body of a municipality shall be deemed vacant:

1.Upon its being so declared by judicial determination;

2.Upon the filing by such officer of his written resignation;

3.Upon the refusal of a person elected or appointed to such office to qualify or serve;

4.Upon the determination of the Governing Body that such officer shall have become physically or mentally incapable of serving;

5.Upon the death of such officer;

6.Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such officer no longer resides within the corporate limits of the Borough;

7.Whenever the officer, without being excused by a majority of the authorized members of the Governing Body, fails to attend and participate at meetings of the Governing Body for a period of eight (8) consecutive weeks, at the conclusion of such period; provided, further, that the Governing Body may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness;

8.Upon the removal of such officer for cause in accordance with law, or for any other reason prescribed by law.

(Ord. #94-1005 §3; Ord. #2002-1275; Ord. #2005-1383)

2-2.5Organizational Structure.

a.At its annual reorganization meeting, the Council shall, by the vote of a majority of its number, elect a President of the Council, who shall preside at all its meetings when the Mayor does not preside. The President of the Council shall hold office for one (1) year and until the next annual meeting. The President shall have the right to debate and vote on all questions before Council. If the Council fails to elect a President at the annual meeting, the Mayor shall appoint the President from the Council and, in that case, no confirmation by the Council shall be necessary.

b.The President of the Council shall perform all the duties of the Mayor during any period in which the Mayor is absent from the Borough for three (3) days or more or is unable to perform the duties of his office. Where such absence is intended, the President of the Council shall become the Acting Mayor until the Mayor's return. If the President of the Council is unable to perform the duties of the Acting Mayor, then the member of Council with the longest term of service may act temporarily for the President of the Council.