The Mayor shall be the chief executive and administrative officer
of the Borough. He shall:
A.
Enforce the Charter and ordinances of the Borough.
B.
Supervise all of the departments of the Borough government.
C.
Require each department to make an annual budget and such other reports
of its work as he may deem desirable.
D.
Appoint all officers and employees for whose elections or appointment
no other provision is made by Charter or ordinance.
E.
From time to time, make such recommendations for action by the Council
as he may deem in the public interest.
F.
Report annually at the beginning of the year to the Council and the
public on the work of the previous year and the condition and requirements
of the Borough government for the current year.
G.
The Mayor shall receive an annual salary in accordance with the salary
ordinance.
[Amended 8-14-2017 by Ord. No. 2017-07 JU]
[Amended 12-21-2020 by Ord. No. 2020-15]
A.
Appointment; qualifications. A Business Administrator shall be appointed
as provided by the Charter. As a precondition to any appointment,
a potential Business Administrator shall have as a minimum a bachelor's
degree from a recognized college or university, specialized training
in public administration, and five years of experience in an executive
or administrative position related to the duties of said office or
its equivalent. The Business Administrator shall receive such compensation
as may be fixed by ordinance. The Business Administrator shall be
chosen solely on the basis of experience in or knowledge of accepted
practice in respect to duties of said office as hereinafter set forth.
Any potential Business Administrator who does not meet the minimum
educational requirement specified herein may substitute additional
work experience on the basis of one year of work experience for each
30 semester hours of credit they are lacking. In no case will a potential
Business Administrator with less than an associate's degree be considered
for the position. A potential Business Administrator with a master's
degree from a recognized college or university, with a major course
of study in public administration, human resources administration,
business or public administration, management sciences or in a program
related to the organization, operation, administration, and control
of public or private organizations, may be substituted for one year
of the above experience. At the time of the Business Administrator's
appointment, said Business Administrator need not be a resident of
Spotswood or of this state, but during the Business Administrator's
tenure of office the Business Administrator may reside outside Spotswood
only with the approval of Council.
B.
Powers and duties. Under the direction and supervision of the Mayor,
the Business Administrator shall:
(1)
Assist the Mayor in preparation of the Borough budget and otherwise
as the Mayor may require.
(2)
Administer a centralized purchasing system.
(3)
Supervise the administration of each of the departments of the Borough
government, provided that such supervision shall not extend to the
management of the finances of the Borough, which is required by the
Charter, N.J.S.A. 40:69A-48, to be exercised by an officer of the
Borough other than the Business Administrator.
(4)
Prescribe and enforce rules and regulations for the efficient management
of the Borough government not inconsistent with the Charter and Code.
(5)
Coordinate the operation and administration of the various departments,
divisions, offices and agencies of the Borough government.
(6)
Maintain a continuing review and analysis of the budget operations,
work programs and costs of Borough services.
(7)
Perform such other duties as the Code may require or as Council may
otherwise prescribe, including, but not limited to, attending meetings
of the Borough Council and responding as necessary to questions, concerns
or comments raised by the public.
(8)
The Borough Administrator may be designated as the Borough Human
Resources Officer and be responsible for the development and administration
of a sound personnel system and appropriate best practices as determined
by the Mayor.
(9)
Perform those acts and administrative responsibilities as to change
orders which are set forth in this Code and required by law.
(10)
Perform all other duties not specifically referred to herein as set
forth in a separate job description which may be amended from time
to time.
As provided by the Charter, the Mayor shall designate the Business
Administrator, any other department head, or the Borough Clerk to
act as Mayor whenever the Mayor shall be prevented by absence from
the Borough, disability or other cause from attending to the duties
of his office. During such time, the person so designated by the Mayor
shall possess all the rights, powers and duties of the Mayor. Whenever
the Mayor shall have been unable to attend to the duties of his office
for a period of 60 consecutive days, for any of the above stated reasons,
an Acting Mayor shall be appointed by the Council who shall succeed
to all the rights, powers and duties of the Mayor or the then Acting
Mayor.
The administrative functions, powers and duties of the Borough
are allocated and assigned among and within departments and offices
established or constituted by this code as follows:
The public library as heretofore established and empowered pursuant to law. N.J.S.A. 40:54-1 et seq., is continued. (See Chapter 20, Library Trustees.)
The Zoning Board of Adjustment is created, empowered and governed in accordance with § 120-701 of Chapter 120, Land Development, of the Code of the Borough of Spotswood, and pursuant to N.J.S.A. 40:55D-1 et seq., with all members being appointed in accordance with N.J.S.A. 40:55D-69.
[1]
Editor's Note: The Zoning Board of Adjustment was abolished
11-10-2008 by Ord. No. 2008-17. All rights, powers and duties vested
by law in the Zoning Board of Adjustment were transferred to and vested
in the Planning Board pursuant to N.J.S.A. 40:55D-25c(1).
The Municipal Court as heretofore established and empowered pursuant to N.J.S.A. 2A:8-1 et seq., is continued, and the Judge shall hereafter be appointed by the Mayor with the advice and consent of the Council (Magistrate, Court Clerk, Violations Clerk). (See Chapter 9, Court.)
Statutory agencies not constituted as or within one of the named
departments established by the code are allocated and assigned to
the supervision of Mayor or Council, as the case may be, in accordance
with which of them is the appointing authority.
Department heads shall be appointed and removed as provided
by the Charter and shall serve full time, except as otherwise provided
herein. Under the supervision of the Mayor and subject to the Charter
and code, each department head shall:
A.
Appoint subordinate officers and employees within the respective
departments and may recommend to the Mayor the removal of such officers
and employees (N.J.S.A. 40:69A-43).
B.
Direct and supervise the work of the department and its employees
through the division established by the code.
C.
Assign functions, powers and duties to subordinate officers and employees
within the department and modify such assignments as need appears.
D.
Report at least annually to the Mayor and Council in such form as
shall be approved by the Business Administrator on the work of the
department during the preceding year.
Whenever a vacancy exists in any office required by the Charter
or code to be filled by the Mayor with the advice and consent of the
Council, and there is no holdover incumbent, the Mayor may temporarily
fill such vacancy, in the absence of any contrary provision in the
Charter or ordinances, by appointing an acting officer, including
the designation of himself as acting Business Administrator in the
event of a vacancy in that office. Such appointee shall have all of
the functions, powers and duties of the office until it shall be filled
permanently. Any such appointment shall terminate not later than 30
days after the date of the appointment, unless the Council shall by
resolution authorize one or more extensions of such period.
A.
Established; purpose. The Spotswood Cultural and Heritage Commission
is hereby established and its purpose shall be to preserve, promote
and protect the Borough's historical sites, records, resources and
to promote, encourage and further the cultural arts for the benefit
of the citizens of the Borough.
B.
Membership. The membership of the Spotswood Cultural and Heritage
Commission shall consist of seven members to be appointed by the Mayor.
Initially, the appointments shall be three members for a period of
three years, two members for a period of two years, and two members
for a period of one year. Thereafter, all appointments to the cultural
and heritage commission shall be for a three-year period.
[Added 10-17-2005 by Ord. No. 2005-09]
A.
Creation. The Borough agrees to participate in a commission to be
known as the "South Central Middlesex County Flood Control Commission"
to be formed by the Borough of Helmetta, Borough of Jamesburg, Borough
of Spotswood, Borough of South River, Township of Monroe, Township
of Old Bridge, Township of East Brunswick and Middlesex County Board
of Freeholders.
B.
Authority. The Borough's participation in the South Central Middlesex
County Flood Control Commission shall be pursuant to N.J.S.A. 40:14-16
et seq.
C.
Members.
(1)
The Borough Council shall appoint two representatives to the Commission,
one of whom shall be the Mayor and one of whom shall be a member of
the Borough Council.
(2)
In addition to the foregoing two members, the governing body shall
appoint two alternate representatives to the Commission, one of whom
shall be the Business Administrator and the other of whom shall be
either a) a resident of the Borough who shall not hold an elective
or appointed position or b) another member of the Borough Council.
Each alternate representative shall serve for a term of two years
or until the appointment and qualification of his/her successor. Such
alternates shall have the right to attend all meetings of the Commission
and take part in all discussions. The Business Administrator shall
be designated as first alternate and the Council member shall be designated
as second alternate and in such order may represent the Borough and
vote in the event of the absence or disability of one or both of the
regular representatives.
(3)
Any representative who holds another elected or appointed public
office shall serve as such representative for the term of his elected
or appointed office and only so long as he shall hold such elected
or appointed public office, notwithstanding his term of appointment
as such representative. Appointments to vacancies caused by the death,
resignation or other inability to serve of a representative shall
be filled for the balance of the term only. No alternate representative
shall automatically succeed to a regular representative position upon
a vacancy occurring in a regular position.
D.
Purpose of Commission. The purpose of the South Central Middlesex
County Flood Control Commission shall be as follows:
(1)
Collect, study and analyze data on flooding, past floods and the
causes of floods in the area;
(2)
Make such data and studies available to the participating members,
to the Division of Water Policy and Supply of the State of New Jersey,
the Army Corps of Engineers, local and county planning boards and
officials concerned with subdivisions and development of properties
within floodway and drainage areas;
(3)
Keep itself informed as to the availability of state and federal
funds and grants, and the procedures for applying therefor, and make
such information available to participating members;
(4)
Coordinate the activities of participating members relating to flooding,
flood prevention, brook cleaning and the like;
(5)
Encourage acquisition of lands within the floodway and low-lying
areas, by appropriate county park commissions, counties or participating
municipalities;
(6)
Publicize methods of flood control and flood prevention;
(7)
Encourage participating members, and others, to adopt appropriate
ordinances and regulations relating to flood control;
(8)
Encourage participating members to support other programs designed
or intended to alleviate flooding;
(9)
Perform such other acts and fulfill such other functions as may be
permitted by law and as determined by the members, subject to the
limitations in this section and as set forth in N.J.S.A. 40:14-16
et seq.
E.
Appropriations.
(1)
The general, administrative and other expenses of the Commission,
affecting the Commission as a whole, shall be apportioned among the
members in a manner to be determined by the members, not later than
120 days after the appointment of all representatives by the participating
municipalities.
(2)
Whenever a specific project is to be undertaken, involving less than
the interests of all of the participating members, or of special benefit
to less than all of the participating members, the apportionment of
the costs thereof shall be agreed upon by the participating members
specially benefited thereby in advance of authorization of such project.
(3)
The apportionments may be changed by agreement among the participating
municipalities and counties; provided, however, that there shall be
no increase in the percentage to be contributed by any participant
without the consent of the governing body of such participating member.
F.
Budget. The tentative annual budget for the Commission shall be adopted
by the Commission no later than 120 days after the appointment of
all representatives by the participating municipalities.
G.
Operating procedures. The operating procedures of the Commission
shall be adopted at a regular or special meeting of the Commission,
but no later than 120 days after the appointment of all representatives
by the participating municipalities.
H.
Withdrawal. Each member municipality and county reserves the right,
pursuant to N.J.S.A. 40:14-17d, to withdraw from the Commission; provided,
however, that at least 90 days' notice of such intention is given
to the Commission; and provided, further, that such withdrawal after
the adoption of the Commission budget for a given year shall not abrogate
the responsibility of the municipality or county to meet its obligations
under the budget for such year.
