GENERAL REFERENCES

Boards, committees and commissions — See Ch. 9.
Officers and employees — See Ch. 27.
Fees — See Ch. 143.

1. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
   
   ADMINISTRATOR — The Village Administrator appointed pursuant to this chapter or any Assistant, Deputy or Acting Administrator serving in place of the Village Administrator pursuant to this chapter. CHARTER — The Charter of South Orange Village adopted by its citizens pursuant to law. CLERK — The Village Clerk appointed pursuant to the Charter or this chapter. DEPARTMENT — An organizational unit of the municipal government established or designated by or pursuant to this chapter as a department. DIRECTOR — The administrative head of a department. GENERAL LAW (N.J.S.A. 40:69A-28) — Any law or provision of law, not inconsistent with the Charter, heretofore or hereafter enacted which is, by its terms, applicable or available to all municipalities; legislation relating to taxation, local courts, education, health, public authorities serving more than one municipality and municipalities in unsound financial condition. GOVERNING BODY — The Council as constituted under the Charter. MONTH — A calendar month, unless otherwise specifically provided. MUNICIPALITY — South Orange Village in the County of Essex, referred to as the "Village." ORDINANCE — Any act of local legislation heretofore or hereafter adopted pursuant to law. PERSON — Any corporation, firm, partnership, association, organization or other entity, as well as an individual. COUNCIL MEMBERS AND MAYOR — The Council and Mayor nominated and elected at large by a plurality of votes in accordance with the provisions of Title 40, Chapter 161, of the New Jersey Statutes. YEAR — A calendar year, unless otherwise specifically provided.
   
2. Construction. For the purpose of this chapter and any other ordinance or resolution heretofore or hereafter adopted, except as the context may otherwise require:
   1. The present tense includes the past and future tenses, and the future, the present.
   2. The masculine gender includes the feminine and the neuter.
   3. The singular number includes the plural and the plural the singular.
   4. "Shall" is mandatory, and "may" is permissive.
   5. The time within which an act is to be done shall be computed by excluding the first day and including the last day, and if the last day is a Sunday or legal holiday, that day shall be excluded.
   6. "Writing" and "written" include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.

   
   

The government of South Orange Village shall consist of six Council members and a Mayor, nominated and elected at large by a plurality of votes in accordance with the provisions of the Charter, and appointive officers and employees as provided by this chapter or as authorized by law.

The governing body of the Village shall be the Council. It shall exercise all municipal powers, except as otherwise specifically provided by the Charter. The Council shall function primarily as a legislative body devoted to policy-making and long-range planning.

1. The Mayor shall be the chief executive officer of the Village with ultimate responsibility for and authority over Village operations in accordance with provisions of the Charter.
2. The Mayor shall assign or approve the assignment of space in public buildings or other public places for the temporary or permanent use of any department, body, officer, agency or instrumentality and shall, through the Village Administrator, control the assignment, allocation and use of furniture, equipment or other public property in the Village government.
3. The Mayor, if he, she or they shall find that an emergent condition exists which affects the public health, safety and welfare of the municipality and its inhabitants, shall have the power to issue such executive orders as he, she or they deems appropriate to regulate the emergency. Any executive order issued by the Mayor shall remain effective for the period set forth in the order or 45 days, whichever shall be shorter. If the Mayor exercises the powers granted under this section of the Village Code, such exercise shall be reported to the Council at its next regularly scheduled meeting. The Council shall have the power to rescind the regulation of the Mayor.

1. The Mayor shall:
   1. Enforce the provisions of the Charter, of the Village ordinances and all applicable general laws.
   2. Supervise all the departments of the Village government.
   3. Require each department to make an annual report and such other reports as he, she or they believes advisable.
   4. Report annually to the Council and the public on the condition and requirements of the Village government.
   5. Make recommendations for action by the Council on such matters as he believes are in the public interest.
   6. Appoint all officers and employees unless provisions are made for a different method of appointment by general law or other ordinance of the Village.
   7. Have such other responsibilities as are provided in Article IV of the Charter.
2. The Mayor shall preside over meetings of the Council and may participate in discussions of all meetings of the Council, but shall have no vote on ordinances or resolutions, except as set forth in the Charter. The Mayor shall preside over all sessions of the Council when it sits as an administrative body hearing appeals from any other Village body or as the Alcoholic Control Board of the Village and, in such cases, shall have the right to vote on the issues presented to the body.
3. Closing of streets.
   1. The Mayor, if he, she or they shall find that a safety problem exists for ingress and egress to any public or private school or for the provision of recreational facilities for children attending such schools, or both, due to lack of a suitable area surrounding the school, may close, by regulation, any portion of any street within the block upon which such school is located to the use of through traffic during such time as he, she or they shall determine, between the hours of 7:00 a.m. and 5:00 p.m. on any day upon which such school is in session, and permit the use of said portion of said street, during said hours, for ingress and egress to such school and for the use by the pupils of said school for recreational purposes under proper supervision and provide adequate police facilities for such supervision and for the control of traffic on said portion of said street.
   2. The Mayor may provide, by regulation, for the closing of any street located within South Orange Village, or a portion thereof, to motor vehicle traffic on any day or days or during specified hours on any day or days, whenever he, she or they finds that such closing is necessary for the preservation of the public safety, health and welfare. These powers shall include the ability to close streets or portions thereof for specified times for a block party, as requested and arranged through the procedures to be established by the Village Clerk. No regulation adopted pursuant to the powers granted hereunder shall, except in case of emergency, become effective until it shall have been approved by the Commissioner of Transportation. If the Mayor exercises the powers granted under this subsection, such exercise shall be reported to the Council at its next regularly scheduled meeting. The Council shall have the power to rescind the regulation of the Mayor.
   3. Warning signs. Should the Mayor exercise the powers given to him, her or them in Subsection C(1) and (2) of this section, then, in such event, the Police Department of South Orange Village shall see that there is posting of proper warning signs in said street indicating that said street is so closed and the purpose thereof, during the time the same is so closed.
   4. Violations and penalties. Unless another penalty is specifically provided by New Jersey statute, any person who violates any provision of a regulation established by the Mayor, pursuant to the provisions of this Subsection C, shall, upon conviction thereof, be subject to punishment as set forth in Chapter 1, Article II, General Penalty, of this Village Code.

1. With the advice and consent of the Council, the Mayor shall appoint the Village Administrator and the director of each department established by this chapter. The Mayor may remove the Village Administrator or any director, unless prohibited by law, without cause by the following procedure:
   1. The Mayor gives written notice to the person being removed of the intent to remove.
   2. The Mayor gives written notice to the Council of the intent to remove the person, with a written explanation.
   3. The Mayor gives the person being removed an opportunity to be heard by the Council, which may conduct a hearing within 20 days of the receipt of the notice of intent to remove.
2. The removal of a director shall become effective 20 days after the Council receives notice of the Mayor's intention, unless the Council by a two-thirds vote of the whole Council (six) disapproves the removal.

The Council shall designate one of its members to act as Acting Mayor whenever the Mayor shall be prevented, by absence from the municipality, disability or other cause, from attending to the duties of the office. During such time, the person so designated by the Council shall possess all the rights, powers and duties of the Mayor. Whenever the Mayor shall have been unable to attend to the duties of the office for a period of four consecutive calendar months for any of the above-stated reasons, the Council, by the affirmative vote of four Council Members, shall have the power to declare the office of Mayor to be vacant, and such vacancy shall be filled in accordance with provisions of the Charter. The Acting Mayor shall serve until the vacancy is filled. In the event that the Mayor is merely absent from a meeting of the Council, the Council Members shall designate one of its members to be Mayor Pro Tempore.

1. The Mayor individually and the Council as a whole may from time to time establish advisory committees consisting of residents of the Village and nonresidents who own real estate located in the Village, who operate a business in the Village, or who may be appointed as ex officio members. The Mayor shall establish such a committee by filing an appropriate document with the Village Clerk, which shall set forth the information set forth in this section of the Village Code. The document shall be read by title by the Village Clerk at the next regular or special meeting of the Council, and, upon such reading, the committee shall be deemed to exist. The Council shall establish such committees as it may wish to create by a duly adopted resolution, and, upon the adoption of such resolution, the committee shall be deemed to exist.
2. There shall be two types of committees which can be established: permanent advisory committees and ad hoc advisory committees. A permanent advisory committee shall be one which is established to exist for the foreseeable future and whose mission statement defines an ongoing task of indefinite duration. An ad hoc committee is one which is established for a limited period of time and whose mission statement defines a task of limited length and duration. Where possible, an ad hoc committee should be assigned a limited life at its creation and should be given a date after which it will cease to exist unless further extended.
3. Each committee created shall consist of at least three members, none of whom need be the Mayor or a member of the Council. If none of the members of the committee are the Mayor or a member of the Council, the document creating the committee shall designate either the Mayor or a member of the Council (designated by name or position) as a liaison to such committee.
4. One member of each committee shall be either designated by the creator of the committee or by the committee itself to serve as Chair. One member of each committee shall be selected by the committee as its Secretary.
5. Committees shall meet in appropriate public places in the presence of the public. This requirement shall not be deemed to mean that the committee must allow the public to participate in the meeting. The Village Clerk, upon being requested to do so, shall see that notices of the meetings of committees are given as described in the Open Public Meetings Act of New Jersey.¹  Committee meetings may be closed to the public by the committee when the committee is discussing a topic which may be discussed in executive session under the rules of the Open Public Meetings Act of New Jersey² and the committee has adopted an appropriate resolution.
6. Minutes shall be kept of all committee meetings. Such minutes shall at a minimum indicate when, where and why a committee met; what was considered; if a vote was taken, what was its outcome; and what was the result of the consideration of any issue or subject by the committee. All committee minutes shall be filed in the Village Clerk's office, where they may be examined by the public, on the third day following the day on which they are approved or on the 45th day following the meeting being described, whichever shall first occur. Those portions of the minutes which deal with closed sessions of the committee shall not be available to the general public for review unless specific permission for such review is given by a majority of the committee, expressed in a formal vote.
7. All committees created pursuant to this section of the Village Code may be dissolved by the creator. Such dissolution shall not be deemed to prevent the recreation of the committee at a later date

1. Editor's Note: See N.J.S.A. 10:4-6 et seq.
2. Editor's Note: See N.J.S.A. 10:4-12b.

1. The Council shall appoint, by a vote of the majority of the Council or by a vote of three Council Members and the Mayor if the Council shall be evenly divided, the following standing committees, which shall perform the duties set forth herein. Each committee shall consist of a Council Member Chair and two Council Member members. No Council Member shall serve as Chair of more than one committee. No Council Member shall serve as a member of more than two committees in addition to the committee chaired by the Council Member. Each such committee shall select from its members one of the same who shall serve as Secretary to the committee. The Council Member committees and their responsibilities are as follows:
   1. A Finance and Capital Projects Committee, which shall deal with policy matters, and make recommendations to the full Council relating to budget preparation, for both operating and capital needs. In making such assessments and recommendations the committee shall plan for the needs of all residents, and fully assess the costs and benefits over time.
      
   2. A Health and Public Safety Committee, which shall deal with policy matters, and make recommendations to the full Council relating to all matters affecting the health, welfare and protection of the general public. Such concerns shall include, but not be limited to department of health, fire service, police protection and emergency medical service matters.
      
   3. A Public Works and Utilities Committee, which shall deal with policy matters, and make recommendations to the full Council relating to the maintenance and improvement of all municipally owned infrastructure. In addition, the Committee shall address policy issues relating to all utilities, whether owned by South Orange Village or other public utility entities.
      
   4. A Recreation, Arts and Cultural Affairs Committee, which shall deal with policy matters, and make recommendations to the full Council relating to the means to provide access to recreational facilities, art and culture for all residents.
      
   5. A Planning and Economic Development Committee, which shall deal with policy matters, and make recommendations to the full Council relating to the productive and residentially compatible uses of land. With respect to economic development, the Committee shall pursue the means to attract and promote commercial uses throughout the appropriate business zones.
      
   6. A Citizen Engagement and Strategic Partnership Committee, which shall deal with policy matters, and make recommendations to the full Council relating to encouraging and promoting citizen participation in all aspects of community life, including volunteering in municipal services. In addition, the Committee shall pursue relationships with organizations and individuals, both within and outside the municipality, so as to broaden and improve community life.
   7. A Transportation and Pedestrian Safety Committee which shall deal with policy matters and make recommendations to the full Council related to community mobility, including transportation, pedestrian safety, and road improvements. In addition, the Committee shall provide a forum for residents to share input and helps review proposed designs and construction plans that affect how people move through South Orange. Its goal is to prioritize community concerns and support safe, accessible, and well-designed streets for everyone.

1. The governing body of the Village shall be the Council. It shall exercise all municipal powers, except as otherwise specifically provided by the Charter. The Council shall function primarily as a legislative body devoted to policy-making and long-range planning. The procedures of the Council shall be governed by or pursuant to the Charter.
2. The Council, in addition to such other powers and duties as may be conferred upon it by the Charter or otherwise by general law, may make investigations into the affairs and the conduct of any Village department, office, commission or agency and for this purpose may administer oaths, take testimony and require the production of evidence as provided by general law.
3. The Council may remove any officer or employee over whom it has the power of appointment, for cause, upon notice and opportunity to be heard.

The Council shall appoint a Village Clerk, who shall serve as the Clerk of the Council and who shall perform the duties and functions prescribed by the Charter, the laws of New Jersey and this chapter. The Council shall, in accordance with the provisions of the general law of the State of New Jersey and of this chapter, make such appointments as may be required so as to adequately staff the various personnel positions, authorities and boards which may, from time to time, exist in the Village.

The Council shall establish procedures for the preparation of the budget as provided in the Charter. Adoption of the budget shall require the affirmative vote of four Council Members. The Mayor shall have no right to vote on the adoption of the budget.

The Council shall cause to be made an annual audit of the Village's accounts and financial transactions as required by law. Such annual audit shall be made by a registered municipal accountant of New Jersey selected by the Council.

The Village Administrator shall be a person of demonstrated executive and administrative ability. The Administrator shall be qualified both in terms of knowledge of and experience in accepted practices in respect to the duties of the office. The Village Administrator shall be appointed by the Mayor with the advice and consent of the Council and need not be a resident of the Village at the time of appointment. The Village Administrator shall, under the direction and supervision of the Mayor:

1. Supervise the administration of each of the departments, offices and agencies established by ordinance and, for this purpose, prescribe standards and rules of administrative practice and procedure and consult with the heads of departments of the Village government.
2. Study the organization and operation of any and all departments and other spending agencies.
3. Prescribe and require each department and other spending agency for which Village appropriations are made to maintain records and produce reports of their respective workload and performance, expressed in appropriate work units, which he may prescribe or approve for each of the departments and other spending agencies.
4. Develop and enforce, in cooperation with other department heads, standards and procedures for the most efficient management of the Village government, not inconsistent with the Charter and ordinances of the Village.
5. Coordinate the operation and administration of the various departments, divisions and subdivisions, offices and agencies of the Village government.
6. Assist in the preparation of the annual budget and maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.
7. Administer a uniform purchasing program and assign and reassign, transfer and retransfer from time to time, either temporarily or permanently, any property from one function to another or from one administrative unit to another, as the efficient management of the Village government may require.
8. Be responsible for the development and administration of a sound personnel system, acting as personnel officer and having full charge of all matters pertaining to personnel administration, subject to the express provisions of this chapter, Title 11, Civil Service, of the Revised Statutes, as amended, and all other applicable general laws.
9. Report to the Mayor annually, during the month of June, on the coverage expiration date and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases where the Village is landlord or tenant, the rent reserved by each lease and their respective expiration dates.
10. Develop and implement an ongoing program of evaluation on all matters of administrative organization, including the functions and operations of the various departments, committees and boards, and make recommendations to the governing body for improving the effectiveness of the Village government.
11. Keep the governing body informed on the present and prospective needs of the Village and make specific recommendations with respect to long-range planning and capital improvements.
12. Issue reports to the governing body on all Village affairs which, in the judgment of the Administrator, should be brought to the attention of that body or upon which any member has requested a report.
13. Act as liaison between the governing body and residents of the Village and to represent that body at meetings with residents, to receive, distribute and take appropriate action with respect to all complaints and requests for information on all Village matters and keep the governing body informed with respect thereto, so that government of the municipality can always be responsive to public opinion.
14. Ensure that all terms and conditions imposed in favor of the Village or its residents in any statute, public utility franchise or contract are faithfully kept and performed and to call the attention of the governing body to any infringement thereof.
15. Foster a well-informed citizenry by administering relations between the news media and the Village, so as to promote fair and impartial reporting of actions of the governing board and of other Village activities and affairs.
16. Maintain general administrative relationships between the Village and federal, state, county and municipal agencies and representatives and to provide a channel of communication between the Board of Education and the governing body.
17. Perform such other and further duties as may be assigned to said Village Administrator by virtue of other ordinances contained within this South Orange Village Code or as a result of resolutions duly adopted by the Council.

The administrative functions, powers and duties of statutory and other agencies of the Village government not allocated and assigned by this chapter shall be subject to the supervision of the Village Administrator, except as otherwise specifically required by law, and for this purpose such statutory and other agencies are allocated and assigned to the office of the Village Administrator.

The Council shall appoint a Municipal Clerk, who shall serve as Clerk of the Council. The Municipal Clerk shall, prior to appointment, have been qualified by training or experience to perform the duties of the office. The Municipal Clerk shall serve for a term of three years from the date of appointment. The compensation of the Municipal Clerk shall be at the rate fixed by ordinance. The Municipal Clerk shall be known as the "Village Clerk" and shall:

1. Serve as Clerk of the Council and keep the minutes and records of its proceedings in appropriate books kept in the office of the Clerk.
2. Record and preserve the ordinances and resolutions of the Village and, at the close of each year, with the advice and assistance of the Village Attorney, bind, compile, codify and index all the Village ordinances and resolutions which remain in full force and effect.
3. Have custody of and safely keep the Seal of the Village and all records and documents, reports, papers and maps required to be filed in the office of the Clerk. Also, the Village Clerk shall maintain all personnel files of the Village and shall implement a written policy and procedure by which requests for review of the personnel files are made. Such policy is not to be changed or amended without the consent of the Council.
4. Provide secretarial and clerical services for the Council Members in the discharge of their official duties.
5. Cause the Village Seal to be affixed to instruments and writings, when authorized by any ordinance or resolution or when necessary to exemplify any document or record or to certify any act or paper which, from the records, shall appear to have been a public act of the Village or a public document. The Clerk shall not affix the Seal or cause or permit it to be affixed to any instrument or writing or other paper, except as provided in this section, unless required by Charter or general law.
6. Enter after each ordinance a certificate of due and proper passage and of the proof of the due publication thereof, but the Clerk's failure to certify any ordinance or proof of publication thereof as hereby directed shall not impair or affect the validity in any respect. Certified copies of all ordinances and resolutions shall forthwith be distributed to the Village Attorney and to all departments of the Village that will be affected thereby.
7. Prepare a copy of all ordinances or proposed ordinances which will require publication under the Charter or general law and cause the same, properly attested, to be published in any newspaper legally qualified for the publication of official Village advertisements and file the requisite proofs of such publication in the office of the Clerk.
8. Prepare the agenda, upon recommendations of the Council, for each regular meeting of the Council and issue notices to the respective members of the Council and to all other persons whose attendance may be required at any regular meeting of the Council. Such notice shall be in accordance with a schedule which the Village Clerk shall prepare on the first day of January of each year for the ensuing year. The Village Clerk shall, whenever a special meeting of the Council is called in accordance with law, issue and cause notices thereof to be served upon the members of the Council and any other persons whose presence may be required.
9. Communicate officially the actions of the Council to the person or persons affected and retain the matters on the agenda of the Council for such further disposition as may be required. Each officer and employee shall, unless otherwise directed, direct responses to the action of the Council to the attention of the Village Clerk for presentation to and information of the Council.
10. Charge and receive for the use of the Village such fees for searches, transcripts and certifications as shall be authorized by resolution of the Council.
11. Perform the duties of Registrar of Vital Statistics when the Board of Health so designates to the Village Clerk.
12. Authority to approve the granting of raffle licenses.
    1. The Clerk is hereby delegated the authority to approve the granting of raffle licenses within South Orange Village. In the event that the Clerk has a conflict of interest or is otherwise unable to issue said license, then the Council shall retain the authority.
    2. The Clerk shall notify the Council when raffles are issued, as appropriate, but at least every three months.
13. Perform such other duties as may be provided by general law, the Charter and ordinances of the Village and as the Council may prescribe.

The Village Clerk, subject to the supervision of the Council, shall:

1. Be the depository for and the custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond, which shall be placed in the custody of the Chief Financial Officer; of all insurance policies upon or with respect to risks insured for the benefit of the Village or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Village may be a party.
2. Be the depository for and the custodian of all performance bonds running to the Village as obligee or any other form of security given by a contractor, subdivision developer or other person on account of work done or to be done in or for the Village.
3. Have custody of all leases of property owned by the Village

No rule or general regulation made by any department, officer, agency or authority of the Village, except such as relates to the organization or internal management of the Village government or a part thereof, shall take effect until it is filed with the Village Clerk. The Village Clerk shall maintain a current compilation of all such rules and regulations, which shall be available for public inspection during business hours at the office of the Clerk.

The Council shall appoint a Deputy Village Clerk, who shall serve as assistant to the Village Clerk. The Deputy Village Clerk shall, prior to appointment, have been qualified by training or experience to perform the duties of the office. The Deputy Village Clerk shall serve for a term of two years from the date of appointment. The compensation of the Deputy Village Clerk shall be at the rate fixed by ordinance. The Deputy Village Clerk shall assist the Village Clerk in performing all of the various duties assigned to the office by the various statutes of the State of New Jersey and ordinances of the Village. During the absence or disability of the Village Clerk, the Deputy Village Clerk shall have all the powers of the Village Clerk and shall perform the functions and duties of such office.

1. The office of the Village Engineer shall be occupied by either a person who is professionally qualified to hold the position or by an organization who shall be selected by the Council. The Village Engineer shall possess both a professional license issued by the State of New Jersey and those certificates required by the statutes of the State of New Jersey and the regulations issued thereunder which are necessary to perform the job of Village Engineer as described in this Village Code. The Village Engineer shall be appointed for a one-year term; notwithstanding the one-year term limitation, the Council may contract for engineering services for a period in excess of one year. If a person holds the position of Village Engineer, that person may gain tenure in that position by following the procedures described in said statutes of the State of New Jersey. The Village Engineer, in addition to such duties as may be assigned to him by other sections of this Village Code, shall direct the office of Village Engineering and shall attend all meetings of the Council when public works are to be discussed. The Village Engineer shall also meet with the various department heads at the times bids are received for public works, tabulate said bids and report to the Village Administrator the results of said bidding and prepare necessary resolutions so that the contract can be awarded.
2. Whenever requested by the Mayor or the governing body, the Village Engineer shall perform such other services and attend such conferences pertaining to municipal engineering not herein provided for and generally known as "public works."
3. The Village Engineer, if an individual, shall devote full time to the duties of his office and shall not engage in any other business or profession which will interfere with the required services to the Village or which may be in conflict with the general interests of the Village.
4. The Council shall provide the Village Engineer with such assistance as may, from time to time, be required to carry out the work to be performed and also such office and equipment suitable and necessary to carry out the provisions of this section.

The Office of Village Engineering, subject to the supervision of the Village Administrator, shall be administered and directed by the Village Engineer. It shall perform the following functions for the Village:

1. Be responsible for the preparation of plans and specifications for public works and improvements undertaken by the Village.
2. Provide and maintain surveys, maps, specifications and operating records with respect to all public property, works and facilities owned or operated by the Village government.
3. Provide for Village traffic engineering needs.
4. Provide for engineering and technical services required by any department, office or agency of the Village government.
5. Review all subdivision and site plans and approve the same where required.
6. Perform all engineering and surveying work and services, including all preliminary, intermediate and final surveys, cross sections, profiles, maps, plans, specifications, proposals and advertisements required for any of the various departments of the Village.
7. Prepare estimates of the costs and expense of all contemplated engineering projects, including street improvements, sanitary sewers, stormwater sewers, water mains and house service stubs or connections, and prepare such ordinances providing for the same as may be requested by the Council.
8. Prepare preliminary and final estimates of costs, showing the amount of work done under contract for any improvement authorized by ordinance or otherwise, and present a certificate or certificates to the Council certifying the amount due to the contractor and recommend the payment therefor, in accordance with the terms of the contract.
9. Upon completion of any improvement provided by ordinance and required to be assessed in accordance with the provisions of the applicable statutes, prepare a schedule of the cost and expense thereof and submit to the Village Administrator, who shall prepare the necessary resolution required by statute, to refer the same to the Board of Assessments for the making of assessments for benefits accruing from local improvements.
10. Prepare and keep current Tax Maps, assessment maps, maps of the Department of Streets and Sewers and the Water Department and all other engineering records pertaining thereto.
11. Under the direction of the Council, determine the location of new wells to be driven for the purpose of obtaining an adequate supply of water and plan and supervise the connecting of said wells with the water-pumping plant and all engineering work in connection therewith.
12. Supervise the administration of streetlight contracts which the Village may have with outside parties.
13. Cooperate with the Division of Water Maintenance of the Department of Public Works so as to facilitate all engineering work required in connection with the operation of the Village water plant and the distribution system by which water is delivered to the citizens of the Village.
14. Such other and further duties as may be assigned to the office of Village Engineer by the Council or the Village Administrator.
    

There shall be a Village attorney, who shall be nominated and appointed in accordance with the provisions of the Charter.

1. It shall be the duty of the Village Attorney, whenever requested, to:
   1. Attend meetings and conferences of the government of South Orange Village.
   2. Confer with and advise the Mayor, the Council, Village officers and other designated representatives of the Village as to legal questions affecting the Village.
   3. Render formal written legal opinions in all legal matters affecting the Village when called upon to do so by the Mayor, the Council, Village officers and other designated representatives of the Village and any and all boards or commissions, except in such instances as such boards or commissions may have their own authorized counsel.
   4. Review all contracts or agreements in the ordinary course of the business of the Village when requested to do so by the Mayor, the Council, Village officers and other designated representatives of the Village and any and all boards or commissions, except in such instances as such boards or commissions may have their own authorized counsel.
   5. Draft ordinances, resolutions, contracts or other legal documents and forms upon request of the governing body or Village officials.
   6. Act as counsel for the Village in the acquisition, sale, rent, lease, exchange or any interest of all real estate, except where such acquisition is made pursuant to condemnation litigation.
2. For such services outlined in Subsection A of this section, the Village Attorney shall be paid an annual retainer, as provided by the Council, in equal monthly installments, plus disbursements.

1. In addition to the duties set forth in § 3-23, the Village Attorney shall:
   
   1. Represent the Village, its officers and agents in all suits or other legal proceedings on its behalf by its authority or in which it or they shall be made defendants.
      
   2. Represent any boards or commissions of the Village in any suits or other legal proceedings brought against them or their members and in any suits or other legal proceedings brought by them upon the authorization of the Village, except in such instances as such boards or commissions may have their own authorized counsel.
      
   3. Act as counsel for the Village in the acquisition by condemnation of all real estate.
      
2. For the services described in Subsection A of this section and for services requiring his presence outside Essex County, the Village Attorney shall receive compensation at a rate established, from time to time, by resolution of the Council. These fees shall be received in addition to the annual retainer provided for by ordinance.

The Village Attorney may delegate the handling of any Village matter to another attorney who is a member of or associated with the firm of the Village Attorney and may cause the firm to be listed as attorneys of record in litigated matters involving the Village, its officers, agents, boards and commissions.

The Council may, after receiving a request from the Village Attorney, if and when the interests of the Village require, appoint a Special Village Attorney whose function will be to assist the Village Attorney in the handling of specialized legal matters or proceedings. If the Village Attorney should be disqualified with respect to any matter, the Council shall appoint a Special Village Attorney to represent the Village for and with respect to such matter. Should an emergency arise whereby a Special Village Attorney is required and it would not be possible for the Council to appoint the same as set forth in this section, the Mayor shall appoint a Special Village Attorney who shall be authorized to act for the Village until the next regular meeting of the Council.

1. Creation of position. There is hereby created and established the position of Village Prosecutor.
2. Qualifications. The Village Prosecutor shall be an attorney at law of the State of New Jersey.
3. Nomination; vacancies. The Mayor shall nominate and, with the advice and consent of the Council, appoint said Village Prosecutor, including the filling of a vacancy in the office, which shall be for the unexpired term only.
4. Term. The term of office of the Village Prosecutor shall be for one year, commencing on January 1 and terminating on December 31 of the same year or until a successor is appointed and qualified.
5. Duties. The Village Prosecutor shall:
   1. Prosecute all cases to be tried before the Municipal Court alleging a violation of the criminal laws of the State of New Jersey, the ordinances of the Village, the motor vehicle statutes of the State of New Jersey and such other cases as may be designated by the Mayor and the Council.
   2. Also appear before the Council and, upon its request, prosecute any matters outside of the Municipal Court which may be within its jurisdiction but which are being tried elsewhere.
6. Compensation.
   1. For such services outlined in Subsection E(1) as set forth above, the Village Prosecutor shall be paid an annual fee as provided by the Council. Such annual fee shall be paid in equal monthly installments, together with any disbursements.
   2. For such services outlined in Subsection E(2), as set forth above, the Village Prosecutor shall be paid at the rate established, from time to time, by a resolution of the Council. The rate so established shall also be paid to the Village Prosecutor for the defense of appeals taken from determinations of the Municipal Court.

1. Creation of position. There is hereby created and established the position of Village Public Defender.
2. Qualifications. The Village Public Defender shall be an attorney at law of the State of New Jersey.
3. Nomination and vacancies. The Mayor shall nominate and, with the advice and consent of the Council, appoint said Village Public Defender. Should a vacancy occur, the procedure set forth in this section shall be followed for the filling of the vacancy in office, which shall be for the unexpired term only.
4. Term. The term of office of the Village Public Defender shall be for one year, commencing on January 1 and terminating on December 31 of the same year. If the successor to the Village Public Defender shall not be named and qualified, then the Village Public Defender then in office shall continue to serve until a successor is appointed and qualified.
5. Duties.
   1. The Village Public Defender shall exercise all of the functions, duties, powers and jurisdictions of a public defender as provided by general law and ordinances and shall appear in the South Orange Municipal Court to represent and defend defendants who have been determined by the Judge of the Municipal Court of South Orange Village to be in need of the assistance of an attorney and to be unable to afford the cost of the same. The Public Defender shall not represent any person before the Municipal Court of South Orange Village unless and until such person has been determined to be unable to afford the cost of representation and shall sign a reimbursement agreement in usual form obligating such person to reimburse South Orange Village for the cost incurred by the Village in compensating the Public Defender, said reimbursement to become effective when and if such person becomes capable of paying any or all of those costs.
   2. In setting forth these duties, South Orange Village does hereby recognize that this is a part-time position, and the acceptance of the position by an attorney at law of the State of New Jersey shall not be deemed to prevent that attorney from appearing in the South Orange Municipal Court as a defense counsel on behalf of clients of said attorney who may have engaged the services of said attorney in connection with appearances before said Court.
6. Compensation. For such services as are outlined in this section of the Village Code, the Village Public Defender shall be paid an annual fee as provided by the Council. Such annual fee shall be paid in equal monthly installments, together with any disbursements which may have been incurred by the Village Public Defender.
7. A person applying for representation by the Village Public Defender shall be required to pay an application fee as set forth in Chapter 143, Fees, of this Village Code upon the granting of the application by the Municipal Court Judge of the Village of South Orange. The Municipal Court Judge may waive any required application fee, in whole or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.

1. Municipal Court continued. The Municipal Court of the Village, as heretofore established in accordance with law, is hereby continued.
2. Name of Court. The name of the Municipal Court shall be the "Municipal Court of the Village of South Orange."
3. Municipal Court Seal. The Municipal Court shall have an Official Seal which shall bear the impress of the name of the Court.
4. Judge: appointment; qualifications; term. The Municipal Court of the Village shall have a Judge, who shall be known as the "Judge of the Municipal Court." He shall be appointed pursuant to N.J.S.A. 2B:12-7 and have the qualifications required by law. The Judge shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
5. Judge: compensation. The Judge of the Municipal Court shall be compensated by an annual salary as fixed by ordinance. The compensation so paid shall be in lieu of any and all other fees.
6. Jurisdiction; powers; duties. The Municipal Court and the Municipal Judge shall have, possess and exercise all the jurisdiction, powers, functions and duties which are or may be conferred by law and the applicable rules of the Supreme Court of New Jersey.
7. Municipal Court Administrator.
   1. The position of Municipal Court Administrator heretofore established is hereby continued.
   2. The Municipal Court Administrator shall be appointed by resolution of the Council and, unless otherwise required by civil service law or regulations, shall hold office from year to year.
   3. The Municipal Court Administrator shall be compensated by an annual salary as fixed by ordinance.
   4. The Municipal Court Administrator shall perform such functions and duties as shall be prescribed for him by law, by the rules of the Supreme Court of New Jersey applicable to Municipal Courts and by the Judge of the Municipal Court.
8. Bond of Municipal Judge and Administrator. The Municipal Judge and the Municipal Court Administrator, before entering upon the duties of their offices, shall enter into a bond as required by law.

There shall be the following departments in the government of South Orange Village:

1. The Department of Public Safety.
   
2. The Department of Administration, Revenue and Finance.
   
3. The Department of Recreation and Cultural Affairs.
   
4. The Department of Public Services.
   
5. The Department of Village Code Enforcement and Inspections.
   
6. The Department of Public Works.
7. The Department of Human Resources.
   

Each department shall be headed by a Director, who shall be appointed by the Mayor with the advice and consent of the Council. Each department head shall serve on good behavior or for the term appointed and until the appointment and qualification of the person succeeding to the position of department head.

1. The head of each department shall, subject to the supervision of the Village Administrator and the Charter and ordinances of the Village:
   1. Devote full time as required for the proper and efficient discharge of the duties of the respective office.
   2. Have, exercise and discharge the functions, powers and duties of the department.
   3. Prescribe the internal organization of the department and the duties of the subordinates and assistants, subject to the approval of the Village Administrator and the Mayor and ratification by the Council as described in Subsection B.
   4. Administer the work of the department through the divisions and subdivisions established by this chapter and such other units of administration as may be found to be necessary or desirable.
   5. Delegate such powers as may be deemed necessary for the efficient administration of the department to be exercised under the direction and supervision of the Director.
   6. Report at least annually to the Village Administrator, in such form as shall be approved by the Village Administrator, on the work of the department during the preceding year.
2. Internal organization. The internal organization of each department shall be determined by the Director of the department and approved by the Village Administrator. Whenever an activity or functional duty shall, by ordinance, be transferred from one department to another department of the government, all the functions, powers and duties thereof shall be and are transferred as of the effective date of the ordinance.

Whenever a vacancy exists by resignation, removal, unfilled or otherwise in the office of a Director of any Village department, the Mayor may temporarily fill such vacancy by appointing either the Village Administrator or another officer or employee of the Village as Acting Director, who shall perform all the duties and functions of such department head until the office shall be filled permanently. Any such appointment of an Acting Director shall terminate not later than 90 days after the date of the appointment unless the Council shall, by resolution, authorize one or more extensions.  

1. The Council may, by resolution, remove any appointed member of any committee or board of South Orange Village when any such appointed member, without being excused, fails to attend either three consecutive meetings or six consecutive weeks of the committee or board of which that person is a member.
2. The determination of the Council to remove a member of a committee or board pursuant to the provisions of this section shall be upon written notification to that member sought to be removed. A hearing shall be conducted, if requested by the member to be removed, in writing, by the Council, concerning the determination to remove the committee or board member pursuant to the provisions of this section.

There shall be a Department of Public Safety under the direct supervision of the Village Administrator. The Department shall consist of the following operations:

1. Police Department.
   
2. Fire Department.
   
3. Civil defense.

1. South Orange Village does hereby create and establish as a means of providing for the enforcement function of municipal government an organization to be known and designated as the "South Orange Police Department."
2. Uniformed officers. The South Orange Police Department shall consist of uniformed officers who shall occupy the following ranks:
   1. One (1) Chief of Police;.
   2. Up to and no more than one ( 1) Deputy Chief of Police;
      
   3. No more than one (1) Captain of Police;
   4. No more than eight (8) Lieutenants of Police, including Detective Lieutenant;
   5. No more than eight (8) Sergeants of Police, including Detective Sergeant;
   6. No more than twenty-nine (29) police officers, including detectives; and
   7. No more than ten (10) Class 1 special police officers.
      
3. The South Orange Police Department shall be aided in the performance of its duty by such other nonuniformed employees as may, from time to time, be authorized by ordinance or other appropriate administrative rule or regulation.

1. The Village Administrator shall be designated as the "appropriate authority" as provided in the New Jersey Statues. The Village Administrator shall be responsible for the overall performance of the police department and shall adopt and promulgate rules and regulations for the government of the police department and for the discipline of its members.

1. The Police Chief shall be the head of the South Orange Police Department and shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof, and he shall, pursuant to policies established by the appropriate authority:
   
   1. Administer and enforce the rules and regulations and special emergency directives for the disposition and discipline of the Police Department and its officers and personnel;
      
   2. Have, exercise, and discharge the functions, powers and duties of the Police Department;
      
   3. Prescribe the duties and assignments of all subordinates and other personnel;
   4. Delegate such of his authority as he may deem necessary for the efficient operation of the Police Department to be exercised under his direction and supervision; and
      
   5. Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the Department during the preceding month, and make such other reports as may be requested by the authority.
      
2. The Police Chief shall possess, at the time of appointment, such education, experience, licensing, knowledge and abilities as deemed appropriate by the Council. The Police Chief, when appointed, shall be qualified by civil service.

The Police Department, pursuant to the directions of the Police Chief and subject to the policies established by the Council, shall protect and serve in accordance with the law.

1. The police department shall comply with all current guidelines and directives as issued by the Attorney General of the State of New Jersey and Prosecutor of Essex County for all Internal Affairs activities.
2. All complaints alleging the misconduct of any police officer of the Police Department shall be forwarded to the Chief of Police for investigation by internal affairs. All complaints of officer misconduct will be accepted, whether by phone, in person or anonymously. The public is encouraged to report the complaint in writing; however, all complaints will be investigated.
   1. In any investigation of a police officer that results in disciplinary charges, which charges seek to suspend for more than 5 days, demote or terminate a permanent police officer for misconduct or incapacity, or a violation of N.J.A.C. 4A:2-2.3(a), or violation of the internal rules and regulations of the Police Department, and the officer requests a hearing, the Appropriate Authority, or his/her designee, shall sit as Hearing Officer for South Orange Village.
      
   2. In the event the Appropriate Authority does not act as Hearing Officer, the individual so designated shall be recommended by the Village Administrator and shall be appointed by Resolution of the Council. The hearing officer designated to hear the disciplinary matter shall, at the conclusion of the hearing, forward his/her findings and recommendations to the Appropriate Authority, who shall make the final determination. The Appropriate Authority’s decision shall be reviewable as provided by law, as amended from time to time.
      
   3. The Chief shall have the authority to counsel police officers, issue reprimands, and suspend police officers for 5 days of less without the matter coming before the Appropriate Authority, except that any proposed suspension of permanent police officers must comply with N.J.S.A. 40A:14-147 and provide the officers with an opportunity for a hearing before the Chief or his designee. Officers who are suspended for 5 days or less may appeal the suspension in accordance with the grievance procedure in the PBA collective negotiations agreement, if any.
      
   4. All disciplinary proceedings against police officers shall comply with applicable law and regulations.
      

1. Generally. Special law enforcement officers may be appointed in such numbers and classifications as set forth in this section, except that Class Two special law enforcement officers shall not exceed 25% of the total number of regular officers employed by South Orange Village. Such special law enforcement officers shall serve under the direction of the chief of police and shall perform the duties and responsibilities permitted by law, subject to any and all rules and regulations adopted pursuant to such law.
2. Appointment. Special law enforcement officers shall be appointed by the Council for terms not exceeding one year, but may be reappointed as needed and as permitted by law.
3. Classes, duties, and authority. In accordance with the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.8 et seq., there shall be three classifications of special law enforcement officers based upon the duties to be performed by the officers, as follows:
   1. Class 1. Officers of this class shall be authorized to perform routine traffic details, spectator control and similar duties. Class 1 officers are hereby authorized to issue summonses for disorderly persons and petty disorderly persons' offenses, violations of municipal ordinances and violations of N.J.S.A. Title 39. The use of a firearm by an officer of this class shall be strictly prohibited, and no Class 1 officer shall be assigned any duties which may require carrying or use of a firearm.

Established pursuant to the New Jersey Legislature Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq. (the Act), and at times may be amended pursuant to the changes of same.

1. South Orange Village does hereby create and establish as a means of providing for the protection of its citizens from the dangers of fire an organization to be known as the "South Orange Fire Department."
2. Uniformed officers.
   1. The South Orange Fire Department shall consist of a number of uniformed officers who shall occupy the following ranks:
      1. Fire Chief.
      2. No more than four (4) Deputy Fire Chiefs.
      3. No more than eight (8) Fire Captains.
      4. No more than twenty (20) Firefighters.
   2. The number of uniformed officers who shall occupy each rank shall be determined by the Council.
3. The Fire Department of South Orange Village shall be aided in the performance of its duty by such other nonuniformed employees as may from time to time be authorized either by ordinance or other appropriate administrative rule or regulation.

The Council of the Village shall adopt and promulgate, by appropriate resolutions, rules and regulations for the government of the South Orange Fire Department and for the discipline of its members. The Council may in appropriate circumstances delegate by resolution all or a portion of the powers vested in it with regard to the South Orange Fire Department to the Mayor, Village Administrator or Fire Chief. Such resolution shall indicate to what extent the Mayor, Village Administrator or Fire Chief may further delegate the authority conferred. The Village Administrator shall act as the agent of the Council in all matters related to the fire function within the Village.

The Fire Chief, subject to the supervision of the Village Administrator, shall exercise control over the Fire Department, subject to all applicable statutes, ordinances and regulations. The Fire Chief, who shall serve as the chief administrator and executive of the Fire Department, shall be responsible for the efficient operation of the Fire Force. The Fire Chief shall, subject to the policies promulgated by the Council and under the supervision of the Village Administrator, have the power and responsibilities to:

1. Administer and enforce all of the rules and regulations and such emergency directives for the disposition and discipline of the Fire Department and its officers and personnel.
   
2. Have, exercise and discharge the functions, powers and duties of the Fire Department.
   
3. Prescribe the duties and assignments of all subordinates and other personnel.
   
4. Delegate such of his authority as he may deem necessary for the efficient operation of the Fire Department, to be exercised under his jurisdiction and supervision.
   
5. Report at least monthly to the Village Administrator in such form as shall be prescribed by the Village Administrator on the operation of the Fire Department during the preceding month and make such other reports as may be requested by the Administrator.
   
6. Cause the fire officers to obey and comply with the rules and regulations of the Fire Department of the Village, as adopted and amended from time to time by the Council.

The Fire Department, pursuant to policies promulgated by the appropriate authority and subject to the direction of the Village Administrator, shall:

1. Provide firefighting service to control, fight and extinguish conflagrations which occur within the Village and such other service as may be necessary to protect life and property in the Village from the threat of fire.
   
2. Investigate the cause, circumstances and origin of fires and report to the Village police and to the County Prosecutor every case of suspicion of arson.
   
3. Inspect and test any automatic or other fire alarm system or fire-extinguishing equipment.
   
4. Be authorized to enter upon, without fee or hindrance, all premises, grounds, structures, building and passages wherever necessary in the performance of its duties.
5. Fire Inspection.
   

1. Functions pursuant to purpose, functions and practices as described in State of New Jersey Office of Emergency Management Directive No. 102.
2. OEM appointed Coordinator for South Orange must be a current resident of South Orange.

The Mayor shall appoint a Municipal Disaster Control Director from among the residents of the municipality. The Municipal Disaster Control Director, subject to fulfilling the requirements of this section, shall serve for a term of three years. As a condition of his appointment and his right to continue for the full term of this appointment, each Municipal Disaster Control Director shall have successfully completed, at the time of his appointment or within one year immediately following his appointment, the current approved Civil Defense Director-Coordinator Course. The failure of any Municipal Disaster Control Director appointed as set forth in this section to fulfill such requirements within the period prescribed shall disqualify said Director from continuing in the office of Director, and thereupon a vacancy in said office shall be deemed to have been created.

There shall be a Department of Administration, Revenue and Finance. The Village Administrator shall head the Department and shall be responsible for the efficient and economical administration of the Department and shall have, in addition to those powers specifically granted to the Village Administrator, the general functions, powers and duties of a department head pursuant to this chapter. The Department shall consist of the following operations:

1. Village Clerk's office.
   
2. Purchasing Agent's office.
   
3. Chief Financial Officer's office, which shall handle the collection of revenue and general finance.
   
4. Tax Assessor's office.
   
5. Tax Collector's office, which shall handle the collection of real property taxes.
   
6. Water Collector's office, which shall handle the collection of water rents and usage charges.
   
7. Planning Board and Zoning Board of Adjustment office, for budget purposes only.

1. Powers and duties. The Purchasing Agent shall prepare rules, regulations and forms which shall describe the procedure to be followed in the purchase of all services, materials, equipment and other items necessary for the transaction of all business of the Village, and, when approved by the Council, such rules, regulations and forms shall be binding upon all departments and officers of the Village relating to the preparation of estimates, the requisitions of services, supplies, materials, equipment and for all other items needed and concerning all matters and policies pertaining to the purchase of goods and for the transaction of all business of every kind and character in connection with the purchasing of items for the Village. Requisitions for supplies or equipment shall be issued by the department head or agent. The department head shall certify to the need thereof and shall receive, inspect and approve goods purchased. The records of the Purchasing Agent shall at all times be open to inspection. The Purchasing Agent shall submit to the Mayor an annual report of the operations of the office and shall provide the Mayor such other information as may be requested. The Purchasing Agent shall establish a filing system, and the data contained therein shall be available to the Council at all times and shall contain, among other things, a list of all orders issued by him to merchants, firms or corporations from whom materials, supplies or equipment have been ordered and a copy of all specifications of materials, services, supplies or equipment ordered. The Purchasing Agent is empowered to act as a clearinghouse for obsolete equipment and unused supplies and materials and shall sell or exchange such goods as necessary. The authority of the Purchasing Agent to resell or exchange any used article shall be furnished, in writing, by the department head having custody of the article to be exchanged or resold. All sales of goods, supplies, material or equipment which have a reasonable value in excess of the value established in N.J.S.A. 40A:11-3 shall be at public bidding after advertisement of the time and place of the sale and the items to be sold.
   
2. Using agencies. Any Village department or officer for which the Purchasing Agent shall be required to purchase supplies, materials or equipment shall be referred to as "using agencies." All using agencies shall file detailed estimates of their requirements as to supplies, materials and equipment in such manner, at such times and for such periods as the Purchasing Agent shall prescribe. This shall in no way prevent any using agencies from filing with the Purchasing Agent, at any time, a requisition for supplies, materials and equipment, the need for which has not been foreseen when the detailed estimates were submitted.
   
3. Purchasing procedure. All services, supplies, materials, equipment and other items needed by any Village department shall be purchased and contracted for and all bids received through the Purchasing Agent, except where otherwise required by statute. All using agencies shall submit monthly and at other times, when necessary, to the Purchasing Agent estimates or requisitions for the amounts and kinds of services, supplies, materials, equipment and all other items needed. The Purchasing Agent, after standardizing the necessary qualities and specifications, shall, when required, advertise and receive public bids and recommend to the Council the bid or bids which, in the Purchasing Agent's judgment, should be accepted, preferring, wherever lawfully possible and not economically against the interests of the Village, local merchants and supplies. The Council shall, by resolution duly enacted, determine the lowest responsible bidder and award the contract or contracts to such bidder. Advertisement shall not be necessary in the case of purchases of a value of less than the value established in N.J.S.A. 40A:11-3, unless provided by law to the contrary or when the Council shall direct otherwise. In instances of purchases of a value of less than the value established in N.J.S.A. 40A:11-3, the Purchasing Agent shall obtain, where practical, at least two informal prices therefor, in writing, and the award of the contract for the performance of the work shall be made to the bidder whose price is, in the judgment of the Purchasing Agent, in the best interest of the municipality. The Purchasing Agent shall not honor any requisitions confirming the delivery of supplies, materials or equipment, except as provided for emergency purchases.
   
4. Emergency purchases. An "emergency purchase" shall mean the purchase of any items of a pressing need which may be required for the continuance of the work of the using agencies concerned. In the case of an emergency, any using agency may purchase, directly, any supplies, materials or equipment, the procurement of which is necessary for the continuance of the work of the using agency concerned, provided that prior approval is obtained from the Purchasing Agent, or, if the Purchasing Agent is unavailable, then from the respective department head, and further provided that the amount expended does not exceed the sum of $1,000. Requisitions covering such emergency purchases shall be forwarded within 24 hours to the Purchasing Agent for the issuance of any order confirming delivery, indicating thereon the nature of the emergency.
   
5. Conflict of interest. The Purchasing Agent shall not in any manner whatsoever be connected, interested or otherwise concerned, directly or indirectly, with any person from or through whom any purchase or contract for purchase shall be made by the Purchasing Agent.

The Chief Financial Officer (CFO) shall have primary responsibility for general finance activity and shall have and exercise all of the functions, powers and duties vested in the office of Chief Financial Officer by the Charter, the laws of New Jersey and this chapter of the South Orange Village Code. The Chief Financial Officer, who shall be appointed by the Council for such term of office and at such compensation as shall be fixed by ordinance, may be either a full-time or part-time position, shall possess such qualifications as the Council shall determine and shall be a certified municipal finance officer of the State of New Jersey in good standing. A designation of certified municipal finance officer (CMFO) is required for permanent appointment. The Chief Financial Officer shall be responsible for the following functions:

1. The preparation of the annual financial statement, annual debt statement and balance sheet.
2. For all general financial matters such as budget execution, bond issuance, investments and revenue analysis.
   
3. Preparation of the official municipal capital and operating budgets based upon the spending decisions made by the Council.
   
4. Reconciliation of the books and records of accounts.
   

The Chief Financial Officer shall have and exercise all the functions, powers and duties vested in the office of the Chief Financial Officer by the Charter, laws of New Jersey and this chapter of the South Orange Village Code. The Chief Financial Officer shall be appointed by the Council for such term of office and at such compensation as shall be fixed by ordinance and shall possess such qualifications as the Council shall determine. The office of the Chief Financial Officer shall be responsible for the following functions:

1. To receive funds entrusted to or under the control of any department and deposit all funds received in depositories authorized by resolution of the Council by the next ensuing bank day after their receipt.
2. To keep books and records of accounts for the exercise of a financial budgetary control over each department, office and agency of the Village government and keep such accounts as will show the amount of each appropriation, the cumulative amount paid therefrom and the unpaid obligations and unencumbered balance thereof.
3. To authorize the payment of bills, claims, demands and payroll upon the proper certification of the appropriate department head of the amount due and owing.
4. To audit receipts and disbursements of each department and require reports to be made at such intervals as will most efficiently protect the public interest.
5. To disburse moneys for the payment of claims approved by the Council, by means of checks signed by the Mayor, the Chief Financial Officer and the Village Clerk.
6. To certify, in writing, on all purchase orders the availability of appropriated funds.
7. To certify, in writing, the availability or lack thereof of adequate funds for each contract which is pending approval by the Council.

The Village Tax Assessor shall be appointed by the Mayor for a term of four years from the first day of July next following the appointment. The appointee shall, prior to his appointment, be qualified by training and property appraisal experience. With the assistance of such other Assistant Assessors and other personnel as may be authorized by ordinance, the office of the Village Tax Assessor shall:

1. Value all real and personal property in the Village for the purpose of assessments and taxation in accordance with general law, the Charter and ordinances of the Village and exercise all the powers of a Municipal Assessor pursuant to law.
2. Prepare the tax list and duplicate as required by law and maintain adequate assessment records of each and every parcel of real property assessed.
3. Have custody of and maintain an up-to-date Village Tax Map and provide for the recording thereon of all changes in ownership or character of the property assessed.
4. Make all special assessments of benefits for local improvements.
5. Be responsible for all appraisals of property for any Village purpose, provided that he may, with approval of the Council and within limits of available appropriations, retain outside experts or appraisers whenever the public interest requires.
6. Represent South Orange Village before the Essex County Board of Taxation and the New Jersey Tax Court and before such other boards, agencies and governmental authorities as may be necessary and requisite in connection with the performance of his duties.
7. Perform such other duties as may be required of him by the laws of the State of New Jersey and the ordinances of South Orange Village.

The Village Tax Collector, prior to his appointment, shall be qualified by training and experience in the administration of municipal tax collections and tax accounting procedures. The Tax Collector shall be appointed by the Council to serve for a term of four years at such compensation as may be fixed by ordinance. The office of Village Tax Collector shall:

1. Extend each year's tax on the tax duplicate, prepare and mail tax bills and maintain tax accounting records in such manner as may be prescribed by law.
2. Receive and collect all current and delinquent real and personal property taxes, charge and receive penalties and interest pursuant to law and account for all collections in such form and manner as may be prescribed by law.
3. Make or cause to be made and certify searches for tax and other liens on any real property in the Village as may be authorized by law and charge and collect for the use of the Village the fee required by law for any such search.
4. Receive and collect all miscellaneous revenues due the Village.
5. Prepare and mail all utility bills and receive and account for them.

1. Pursuant to the applicable laws of the State of New Jersey, the Charter of the Village and such Village ordinances enacted or as may be hereafter enacted by the governing body, all claims for payment against South Orange Village shall be presented in writing, reasonably itemized for evaluation, on such voucher forms as shall be provided for the purpose; and all such vouchers shall be certified to by the claimant under the declaration prepared and printed on the voucher under the heading of "Claimant's Certification and Declaration."
   
2. All vouchers shall be reviewed and checked by or under the direction of the Village official in charge of the department responsible for the claim, and, if found correct, the official shall complete the "Officer's or Employee's Certification" provided on the voucher.
3. The vouchers shall thereafter be presented to the Chief Financial Officer’s office, wherein the Chief Financial Officer will review the claims against such purchase orders issued, appropriations provided or other provisions made in support of each claim and thereafter direct the formal processing of the claims found acceptable.
4. The Purchasing Agent of the Village shall be responsible for carrying out the provisions of the Local Public Contracts Law,¹ together with the practice and effectiveness, by departments of an encumbrance and purchase order system in force or as may hereafter be designed, to provide budgetary control of expenditures.
5. The Chief Financial Officer will prepare or have prepared a list of vouchers or claims being considered for payment, for distribution to each member of the governing body and the Mayor for their perusal and determination, prior to the time for their presentation to the Council for formal approval.
6. Statutory payments required for debt service, county and school levy apportionments, employer's contributions to state pension systems on behalf of employees and similar nondiscretionary expense may be made and reported to the Council at the next formal meeting thereof.
7. Contractual payments for salaries and wages and compensation paid in accordance with the provisions set forth in the Salary Ordinance of the Village² may be made and reported to the Council at the next formal meeting thereof.
8. All vouchers presented for payment, in the form of a list of numbered vouchers indicating each payee, description of claim and amount thereof, shall be approved or disapproved pursuant to a formal resolution of the Council at a regular or special meeting of said body.
9. Matters not covered by this chapter, which involve the subject of claims against the Village, may be regulated by resolution, provided that said resolution is consistent and in harmony with the provisions of this section.

1. Editor's Note: See N.J.S.A. 40A:11-1 et seq.
2. Editor's Note: The current Salary Ordinance is on file in the Village offices.

1. The Department of Recreation and Cultural Affairs shall plan and direct for the Village all of its recreation programs and shall coordinate with citizen committees, as well as plan on its own, the various cultural and ethnic affairs that are celebrated within the Village on a Village-wide basis. In carrying out the aforesaid, the Department will have the obligation to:
   1. Administer and operate indoor and outdoor athletic and recreational programs and activities for adults and children in parks, playgrounds and other Village facilities.
   2. Sponsor, arrange and provide for the giving of outdoor exhibitions, concerts, games, contests and sporting events.
   3. Provide for coordination and development of activities with other public and private recreational facilities and programs, including the use of public school property.
   4. Promote and direct all-year program and cultural and leisure-time activities for children, youths and adults.
   5. Develop immediate and long-range plans to meet the recreational needs of the Village.
   6. Adopt suitable rules for the use of grounds and facilities and assign to appropriate personnel the responsibility for their enforcement.
   7. Create such applications and permits necessary to administer and enforce the rules, policies and procedures necessary to ensure the efficient operation and performance of the Department.
2. The Department of Recreation and Cultural Affairs shall be headed by a Director of Recreation and Cultural Affairs appointed by the Council. The Director shall be a person trained and experienced in the field and shall be responsible for the efficient operation and performance of the Department in accord with the job description set forth herein and the policies and regulations of the Council or, if authorized by the Council, the Village Administrator.
3. Department of Recreation and Cultural Affairs fees shall be as set forth in Chapter 143, Fees, of the Village Code.

There shall be a Department of Public Services, which shall be headed by the Director, who shall be the Village Administrator. The Department shall consist of:

1. The Local Assistance Board and the Welfare Director, for budget purposes only.
   
2. The Rent Leveling Board, for budget purposes only.
   
3. The Parking Authority, for budget purposes only.
   
4. The Board of Adjustment, for secretarial purposes.
   
5. The Division of Redevelopment Activities and such other bureaus as may be created and assigned to it for the purposes of public service.
   
6. The Division of Health Services, which shall include for organizational purposes the Board of Health and the Health Officer.

Welfare shall be administered by a Local Assistance Board and a Welfare Director, whose function shall be to administer public assistance to the persons eligible thereto as provided by law. The Local Assistance Board shall be composed of five members who shall be appointed by the Mayor, with the advice and consent of the Council, pursuant to general law. The Welfare Director shall be engaged by the Village in accord with the statutes of the State of New Jersey and the regulations promulgated thereunder. The Local Assistance Board and the Welfare Director shall:

1. Administer the laws of New Jersey and the Village ordinances relating to relief of the needy.
   
2. Cooperate with Village officials and agencies in the certification of medically indigent patients for care and treatment.

1. There is hereby established a Board of Health in South Orange Village consisting of seven members appointed by the Mayor and confirmed by the Council. The term of each member so appointed shall be three years from the date of said appointment.
2. There shall be two alternate members of the Board of Health who shall be appointed by the Mayor and confirmed by the Council. The alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2."
3. The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year.
4. No member or alternate member may act on any matter in which he has, either directly or indirectly, any personal or financial interest. Members and alternate members may, after public hearing if they request one, be removed by the governing body for cause.
5. An alternate member may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
6. A vacancy in either the position of a member or an alternate member, occurring otherwise than by expiration of term, shall be filled for the unexpired term only.
7. The Board of Health shall carry out and perform all the duties assigned to a board of health by the statutes of the State of New Jersey and the ordinances of the Village.
8. Health services shall be supplied to the Village as required by the statutes of the State of New Jersey and by the regulations of the New Jersey Department of Health.

1. A body corporate and politic is hereby created pursuant to and in conformance with the Parking Authority Law of the State of New Jersey (N.J.S.A. 40:11A-1 et seq.), to be known as the "Parking Authority of South Orange Village." The Parking Authority shall not have power to eminent domain unless consent is given by the Council.
2. The Council shall, by resolution, appoint five persons who shall be residents of or the owners or principal stockholders of businesses operating in South Orange to serve as Commissioners of the Authority. Commissioners shall be appointed as aforesaid for a term of five years, except that all vacancies shall be filled for the unexpired term only. No Commissioner of the Authority shall be an officer or employee of South Orange Village. Any Commissioner who is duly appointed as set forth above and continues to be a person qualified for appointment shall hold office until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Village Clerk of South Orange Village, and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner.
3. A Commissioner shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling expenses, incurred in discharging the duties of office.
4. The powers hereinafter conferred on the Authority shall be vested in the Commissioners thereof in office, from time to time. A majority of the total number of Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the Authority upon a vote of the majority of the Commissioners present unless in any case the bylaws of the Authority established by the Commissioners shall require a larger number. It shall require a vote of three Commissioners to institute acquisition through the power of eminent domain. The Authority shall select a Chairman and Vice Chairman from among its Commissioners, and it may hire a Secretary, technical expert and such other officers, agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. For such legal services as it may require, the Authority may call upon any counsel of the Village (in which event such counsel may bill the Authority for such services at the rate at which is established for such counsel to bill the Village for services outside his or her retainer) or may employ its own counsel and legal staff. No Commissioner or employee of the Authority shall acquire any interest, direct or indirect, in any parking project or in any property included or planned to be included in a project, nor shall any Commissioner have an interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any parking project. If any Commissioner or employee of the Authority owns or controls an interest, direct or indirect, in any property included or planned to be included in a parking project, such Commissioner shall immediately disclose the same by filing a writing containing the appropriate facts with the Authority, and such written disclosure shall be entered and filed with the minutes of the Authority. Upon such disclosure, such Commissioner or employee shall not participate in any action by the Authority affecting such property. Commissioners may be removed from office for inefficiency, neglect of duty or misconduct in office. Such removal shall be accompanied by resolution of the Council, but such removal shall not occur until the Commissioner charged shall have been given a copy of the charges at least 10 days prior to a hearing which shall be held thereon and shall have an opportunity to be heard in person or by counsel.
5. The Commissioners of the Parking Authority of South Orange Village shall exercise all the powers and authority granted and be subject to all the provisions of the Parking Authority Law of the State of New Jersey (N.J.S.A. 40:11A-1 et seq.) and such other statutes, now or hereinafter enacted, which are applicable to parking authorities.

1. All of the public parking facilities owned by South Orange Village shall be leased to the Parking Authority and operated by it.
2. All parking meters located within the Village, whether on the lots described above or on the streets of the Village, shall be owned by the Parking Authority and shall be operated and maintained by it.
3. All moneys and receipts derived from the operation of the municipal parking facilities described above and from the operation of any and all parking meters wheresoever located in the Village shall be the revenues of and belong to the Parking Authority.
4. Except as otherwise provided by ordinance or contract, the above-described municipal parking facilities shall be maintained in good order and repair by the Parking Authority.
5. The Village, while reserving full police power and control over the streets of the Village, agrees that it will enact and maintain such traffic regulations as may be necessary to provide adequate access to and egress from any off-street parking facilities or project operated by the Parking Authority.

1. The Parking Authority, on behalf of the Village, shall enforce all of the laws, ordinances and regulations which govern the parking of vehicles within the Village, whether upon the streets or on lands or other facilities owned or maintained by the Village or the Parking Authority. This authority shall be exercised throughout the Village by the Parking Authority.
2. Parking Enforcement Officers. In order to implement the enforcement of the applicable laws, ordinances and regulations as set forth in Subsection A above, the Village will appoint Village Parking Enforcement Officers. The officers who shall be designated by the Parking Authority shall serve under the supervision and direction of the Parking Authority. The designated officers shall have full power and authority to:
   1. Issue summonses for violation of any provisions of said laws, ordinances or regulations.
   2. Serve and execute all process with respect to any such violations issued by the Municipal Court of South Orange Village.
   3. Cause any vehicle parked, stored or abandoned in violation of any such laws, ordinances or regulations to be towed away from the scene of such violation and to collect from the owner of such vehicle the cost of towing and subsequent storage of said vehicle before surrendering said vehicle to the owner.
3. All Parking Enforcement Officers who shall be appointed shall meet the requirements of and be trained pursuant to and uniformed as set forth in N.J.S.A. 40:11A-22.1 to 40:11A-22.11, inclusive.
4. The Council may, from time to time, by contract with the Authority, exercise those powers of the Village which are set forth in N.J.S.A. 40:11A-22.
5. The Parking Authority shall perform such other functions as may be assigned to it under all other sections of the Village Code.

The Division of Redevelopment Activities shall be responsible for redevelopment activities in the Village. Redevelopment shall consist of the coordination and supervision of all authorized community development and redevelopment activities of the municipality. It shall include the preparation of workable redevelopment programs and the execution of such programs authorized or approved by the state or federal government. The Village shall be the public body and local public agency for redevelopment purposes when any federal or state law refers to a redevelopment agency.

There shall be a Department of Village Code Enforcement and Inspections. It shall be the function of the Department to:

1. Issue building permits for construction, demolition, remodeling of and repair of structures.
   
2. Issue street-opening permits for installation and repair of water mains, gaslines, etc.
   
3. Issue permits for signs, commercial air conditioning, oil burners and oil tanks.
   
4. Perform inspections for and then issue certificates of occupancy.
   
5. Investigate complaints of violations of the Village Code and ordinances dealing with building, zoning and health provisions.
6. Consolidate and coordinate all regulatory inspections relating to buildings and structures which are not vested in any other department or division. It shall make all building inspections authorized or required by general law or the Property Maintenance provisions of the Village Code¹ and administer the provisions of such laws and ordinances.

1. Editor's Note: See Ch. 237, Property Maintenance.

The Council shall appoint as the Director of the Department of Code Enforcement and Inspections a person who shall be experienced in the operation and administration of a municipal department performing the duties set forth above. The person so appointed shall possess such licenses as may be needed to direct, plan, organize and supervise all inspection activities, such as plumbing, electrical, building and zoning, and all code enforcement activities. The Director of the Department shall be responsible for the efficient operations and performance of the Department in accord with the job description set forth herein and the policies and regulations of the Council or, if authorized by the Council, the Village Administrator.

1. There shall be within the Department of Code Enforcement and Inspections a Division of Code Enforcement, which shall enforce the provisions of the Uniform Construction Code, the Village Property Maintenance Code¹ and such other codes as may be required to be enforced within the Village which are assigned to the Department for implementation.
2. The enforcement of the State Uniform Construction Code shall be accomplished by the Construction Official, the Building Subcode Official, the Plumbing Subcode Official, the Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter require in enforcing the State Uniform Construction Code. Each official position referred to in this subsection shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,² and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection may be made by a person or organization retained by the Village pursuant to a contract entered into as set forth in N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified, pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23, to hold such position. All inspections required by the Uniform Construction Code shall have been made by the appropriate subcode official.
3. The Village of South Orange has not elected to retain jurisdiction in the matter of appeals from decisions of officials under the Uniform Construction Code. Such appeals shall be referred to the Essex County Board of Appeals, constituted and established by the County of Essex, in accordance with the Uniform Construction Code in such cases made and provided.
4. There shall be within the Department of Code Enforcement and Inspections a Division of Zoning Enforcement, the head of which shall be the Zoning Officer. Under the supervision and direction of the Director, the section shall supervise all building activity and operations within the Village for the purpose of obtaining compliance with Chapter 185, Land Development, of the Village Code of South Orange Village.
5. There shall be within the Department of Code Enforcement and Inspections a Division of Property Maintenance and Housing Standards. Under the supervision and direction of the Director, the Division shall inspect for, enforce and prosecute all violations of the Village Property Maintenance Code.³

1. Editor's Note: See Ch. 113, Construction Codes, Uniform, and Ch. 237, Property Maintenance.

2. Editor's Note: See N.J.S.A. 52:27 D-119 et seq.

3. Editor's Note: See Ch. 237, Property Maintenance.

There shall be a Department of Public Works, the Director of which shall be the Director of Public Works, who shall be responsible for the efficient and economical administration of the Department. The Director of Public Works shall be named by the Council. The Director may hold another position with the Village which can be combined with that of Director hereunder. The Department shall consist of the following:

1. Division of Roads and Streets.
   
2. Division of Sewers.
   
3. Division of Parks and Shade Tree.
4. Division of Building Maintenance.

1. There is hereby established in the Department of Public Works a Division of Roads and Streets, which shall be headed by the Supervisor of Roads and Streets.
2. The Division of Roads and Streets shall:
   1. Provide all labor for the construction, reconstruction, maintenance and repair of all public streets pursuant to plans, specifications and contract documents which have been provided by the office of the Village Engineer.
   2. Inspect street openings, constructions, alterations and repair of sidewalks, curbs and gutters, which work has been allowed pursuant to permits which have been processed through the office of the Village Engineer.
   3. Clean all Village streets, Village-owned public parking lots and such parking lots of the Parking Authority as may be designated by appropriate ordinance or resolution of the Council.
   4. Remove snow from all Village streets, Village-owned public parking lots and parking lots of the Parking Authority which have been designated by appropriate ordinance or resolution of the Council.
   5. Perform such tasks as shall be assigned to the Division by ordinance or resolution adopted by the Council or by direction of the Director of the Department of Public Works.
3. Nothing contained herein shall prohibit the Council from entering into contracts with outside vendors to perform the tasks assigned to the Division. When such contracts are entered into, it shall be the responsibility of the Division, in conjunction with the Village Engineer, the Director of the Department of Public Works, and other assigned Village Officials to supervise and oversee the performance of such contracts.

1. There is hereby established in the Department of Public Works a Division of Sewers, which shall be headed by the Supervisor of Sewers.
2. The Division of Sewers shall:
   1. Be responsible for the construction, repair, inspection and maintenance of all sanitary and storm sewers as well as any and all recordkeeping regarding the same.
   2. Perform such tasks as shall be assigned to the Division by ordinance or resolution adopted by the Council or by direction of the Director of the Department of Public Works.
3. Nothing contained herein shall prohibit the Council from entering into contracts with outside vendors to perform the tasks assigned to the Division.
   
   When such contracts are entered into, it shall be the responsibility of the Division, in conjunction with the Village Engineer, the Director of the Department of Public Works and other assigned Village officials, to supervise and oversee the performance of such contracts.

1. There is hereby established in the Department of Public Works a Division of Parks and Shade Tree, which shall be headed by the Supervisor of Parks and Shade Tree.
2. The Division of Parks and Shade Tree shall:
   1. Be responsible for the beautification and decoration of the Village parks and public areas.
   2. Be responsible for the removal and cleaning of litter and other trash and debris from the Village parks and public areas.
   3. Be responsible to maintain the parks and playgrounds and other public areas of the Village. Included in this function is the maintaining of the areas surrounding public buildings, such as the Village Hall, Library, Fire Station, Police Station, etc.
   4. Be responsible for handling the recycling of vegetative debris collected throughout the Village.
   5. Be responsible for the maintenance of all vehicles and equipment used in all of the work described herein.
   6. Maintain the Village swimming pool and the equipment of the same.
   7. Aid in snow removal from Village property.
   8. Maintain all playing fields and facilities owned by the Village.
   9. Maintain and service all shade trees owned and maintained by the Village. In this connection, the Division shall handle all pruning, removal, replanting, support services, etc., in connection with such shade trees.
   10. Perform such tasks as shall be assigned to the Division by ordinance or resolution adopted by the Council or by direction of the Director of the Department of Public Works.
3. Nothing contained herein shall prohibit the Council entering into contracts with outside vendors to perform the tasks assigned to the Division. When such contracts are entered into, it shall be the responsibility of the Division, in conjunction with the Village Engineer, the Director of the Department of Public Works and other assigned Village officials, to supervise and oversee the performance of such contracts.

1. There is hereby established in the Department of Public Works a Division of Building Maintenance, which shall be headed by a Supervisor of Building Maintenance.
2. The Division of Building Maintenance shall:
   1. Be responsible for the maintenance of municipal buildings: Village Hall, Library, Baird Community Center, Police Station and DPW buildings. Responsibilities include, but are not limited to, minor repairs to doors and windows, changing light bulbs, making sure all facilities are kept clean and safe and trash removal from all buildings.
   2. Perform such tasks as shall be assigned to the Division by ordinance or resolution adopted by the Council or by direction of the Director of the Department of Public Works.
3. Nothing contained herein shall prohibit the Council from entering into contracts with outside vendors to perform the tasks assigned to the Division. When such contracts are entered into, it shall be the responsibility of the Division, in conjunction with the Village Engineer, the Director of the Department of Public Works and other assigned Village officials, to supervise and oversee the performance of such contracts.

The Free Public Library of South Orange Village shall be managed by a Board of Trustees consisting of nine persons. The membership of the Board shall be as set forth in N.J.S.A. 40:54-9. The persons serving as members of said Board of Trustees of the Free Public Library of South Orange Village at the time of the adoption of this section of the Code shall continue in office for the terms to which they were appointed with the powers granted to them by the statutes of the State of New Jersey and the provisions of this Code.

The Planning Board as established and empowered pursuant to law is continued, and members shall be appointed in accordance with the provisions of the land development provisions of this Code.¹

1. Editor's Note: See Ch. 185, Land Development.

The Zoning Board of Adjustment as established and empowered pursuant to law is continued, and the members shall be appointed in accordance with the land development provisions of this Code.¹

1. Editor's Note: See Ch. 185, Land Development.

1. The Village Clerk shall compile and on a current basis maintain a directory of all unpaid boards, committees, commissions, authorities or other agencies, whether statutory or advisory. Such boards, commissions and authorities shall include but are not limited to the South Orange Board of Adjustment, South Orange Planning Board, South Orange Board of Health, South Orange Parking Authority and South Orange Board of the Free Public Library.
2. The directory shall include at least the following information for every authority, board and commission:
   1. The name of the board, committee, commission, authority or other agency;
   2. The number of members or positions;
   3. A list of currently appointed members, together with their terms of office;
   4. Vacancies;
   5. General frequency of meetings; and
   6. The appointing authority and the enabling statute, ordinance, or resolution, if any.
3. Any person interested in service on a municipal board, committee, commission, authority or other agency shall file an application ("Citizen Leadership Form") with the Village Clerk expressing interest in public service. The application shall be substantially in the following form:
   
   I hereby apply to perform volunteer, public service on the following municipal boards, committees, commissions, and authorities:
   
            a)
            b)
            c)
   
   1. Full Name:
      
   2. Address of Residence:
   3. If Nonresident, Address of South Orange Property or Business:
   4. Home Phone Number:
   5. Work Phone Number (if available):
   6. Cell Phone Number (if available):
   7. E-mail Address:
   8. Education, prior volunteer and/or work-related experience, or other civic involvement which could be of use to the board, committee, commission, authority or other agency:
      
4. The Village Clerk shall maintain the confidentiality of addresses, phone numbers and e-mail addresses for the purposes of P.L. 1963, c. 73 (N.J.S.A. 47:1A-1 et seq.), and P.L. 2001, c. 404 (N.J.S.A. 47:1A-5 et al.).

Notwithstanding any other statutory authority or requirement, the Chairperson of every board, committee, commission, authority or other agency shall swear in every new appointee by administering an oath of office.

1. An office in any board, committee, commission, authority or other agency shall be deemed vacant upon the occurrence of any of the following events:
   
   1. Upon its being so declared by judicial determination;
      
   2. Upon the filing with the Village Clerk by such appointee of his/her written resignation;
      
   3. Upon the refusal of a person designated for appointment to such office to qualify or serve;
      
   4. Upon the determination of the appointing authority that such appointee shall have become physically or mentally incapable of serving;
      
   5. Upon the death of such appointee;
      
   6. Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such appointee no longer resides within the corporate limits of South Orange Village;
      
   7. In the case of a member of a board, committee, commission, authority or other agency, whenever the member, without being excused by a majority of the authorized members of such body, fails to attend and participate at meetings of such body for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination; provided, further, that such board, committee, commission, authority or other agency may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness, except in the case of any board, committee, commission, authority or other agency created or authorized by state statute, in which case failure to attend and participate at meetings of such bodies for a period of six consecutive weeks, or for three consecutive regular meetings, whichever shall be of longer duration, shall be cause for notification of the appointing authority;
      
   8. Upon the removal of such appointee for cause in accordance with law, or for any other reason prescribed by law.
      
2. Upon the occurrence of a vacancy, the Village Clerk shall forthwith enter such vacancy in the directory provided for in § 3-76. Thereafter, the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law.

No officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of a municipality any interurban railway, street railway, gasworks, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange or other business using or operating under public franchise, any frank, free pass, free ticket or free service or accept or receive, directly or indirectly, from any person any other service upon terms more favorable than are granted to the public generally, except that such prohibition of free transportation shall not apply to policemen or firemen in uniform, nor shall any free service to the Village officials heretofore provided by any franchise or ordinance be affected by this section.

If any person hereafter elected or appointed to any office or position shall, after lawful notice or process, willfully refuse or fail to appear before any court, any legislative committee or the Governor or, having appeared, shall refuse to testify or to answer any question regarding the property, government or affairs of the municipality or regarding his nomination, election, appointment or official conduct on the ground that his answer would tend to incriminate or shall refuse to waive immunity from prosecution on account of any such matter in relation to which said person may be asked to testify, such person may be removed from office by the Council in its discretion. Any person removed from office pursuant to this section shall not thereafter be eligible for election or appointment to any office in such municipality.

There shall be a Department of Human Resources. It shall be the function of the Department to perform the following: A. Assure compliance with all federal and state employment laws and regulations, including all Civil Service regulations, B. Administer all employee benefits. C. Oversee recruitment and training of new employees. D. Assist with performance issues, and where necessary disciplinary actions and terminations. E. Manage unions and collective bargaining. F. Assist in determining compensation levels. G. Maintain all employment records.

Pursuant to Section 3-31, a Director of Human Services shall be appointed to supervise and manage the Department of Human Resources.