2703-22 Ordinance Amending 2-7 2-10 and 2.14 4865-4100-3585 v.2.pdf

2703-22 AN ORDINANCE AMENDING CHAPTER 2, SECTIONS 7.1, 10.1 AND 14.4 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (DEPARTMENTS, BOARDS AND COMMISSIONS AND DIRECTOR OF PUBLIC WORKS; DUTIES OF DEPARTMENT; DESIGNATION OF APPROPRIATE AUTHORITY) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, in the County of Essex and State of New Jersey, that Chapter 2, Sections 7.1, 10.1 and 14.4 of the Revised General Ordinances is hereby amended as follows: I. PURPOSE The purpose of this ordinance is to provide certain authorities for certain appointments for efficiency purposes. II. CHAPTER 2 SHALL BE AND HEREBY IS AMENDED AND SUPERSEDED TO READ AS FOLLOWS: 2-7.1 Departments, Boards and Commissions There shall be the following departments, boards and commissions and such other boards and commissions as maybe created, continue or reconstituted by Charter or Code in the Township. a. Departments. 1. Department of Administration and Finance. 2. Department of Law. 3. Department of Public Works. 4. Department of Planning and Development. 5. Department of Police. 6. Department of Fire. 7. Department of Health and Welfare. 8. Department of Recreation and Cultural Affairs. 9. Department of Engineering 2-10.1 Director of Public Works; Duties of Department a. There shall be a Department of Public Works, the head of which shall be the Director of Public Works. Prior to his/her appointment, the Director shall be a Certified Public Works Manager (CPWM) of the State of New Jersey, and have at least four years of responsible experience in public works administration.

2 4836-8653-6878, v. 1 b. At any time wherein the position of Director of Public Works is vacant the duties of the Director of Public Works, in part of in total, may be performed by a Deputy Department Head of Public Works. He/she shall receive such compensation as may be fixed by ordinance. c. The Department shall: 1. Be responsible for all matters relating to the construction, management, maintenance and operation of the physical properties of the Township other than office supplies, furniture and equipment. 2. Direct and supervise the preparation of plans and specifications and the letting and performance of contracts for all Township public works or improvements. 3. Provide all engineering and mechanical services required by any department, office or agency of the Township government, except as otherwise directed by the Mayor or Business Administrator. Any references within this section to a Director of Public Works shall mean the Director of Public Works or a Deputy Department Head of Public Works acting as the Director of Public Works. 2-10.2 Division of Engineering. Should be deleted in its entirety 2-18.2 Department of Engineering There shall be a Department of Engineering, the Director of which shall be the Township Engineer. Under the direction and supervision of the Director, shall: a. Prepare, or cause to be prepared, plans and specifications for public works and improvements undertaken by the Township, either on force account or by public contract. b. Supervise the performance of contracts for public works, the amounts due and payable thereunder. c. Provide and maintain surveys, maps, plans, specifications and operating records with respect to public works and facilities owned or operated by the Township. d. Supervise and direct the installation and administration of departmental records, payroll and inventory controls, and cost analyses.

3 4836-8653-6878, v. 1 e. Establish standards and procedures for the control, use and care of all Township-owned equipment, materials and supplies in the custody of the Department. f. Study and report upon the technical requirements of street lighting and traffic control. g. Supervise and enforce the Township's interest in public contracts for fire, hydrant service, street lighting, joint outlet sewer maintenance. h. Provide technical and engineering advice and assistance to other Township Departments as needed. i. Issue certificates as to approval of land subdivisions by the Planning Board or the Council, pursuant to State Municipal Planning Act. (N.J. Laws of 1953, Chapter 433 as amended; N.J.S.A. 40:55D-1 et seq.) 2-14.4 Designation of Appropriate Authority The Mayor or the Mayor’s designee shall be designated as the Appropriate Authority as provided in the New Jersey Statutes. The Mayor or the Mayor’s designee shall also serve as the Appointing Authority as defined in N.J.A.C. 4A:1-1.3. The Mayor shall be responsible for the overall performance of the Police Department. The Mayor or the Mayor’s designee shall adopt and promulgate rules and regulations for the governance of the Police Department and for the discipline of its members. Notwithstanding the foregoing the Mayor may appoint a Police Director to fulfill these responsibilities. III. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. IV. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance.

4 4836-8653-6878, v. 1 V. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. ________________________________ Susan McCartney Council President ________________________________ Robert D. Parisi Mayor Approved as to form on the basis of the facts provided: ______________________________ Karen J. Carnevale, R.M.C. Township Clerk Introduced: December 6, 2022 Adopted: December 20, 2022

5 4836-8653-6878, v. 1 2703-22 Legislative History This ordinance is drafted to separate the departments of Public Works and Township Engineer because of current licensure requirements for each. In addition, the Ordinance clarifies that the Mayor may designate an appropriate or appointing authority for efficiency purposes.