[Ord. No. 1958 § 1;
1988 Code Part VI T.47 § 1; Ord. No. 02-2536 § 1]
The Common Council, under the authority granted by N.J.S.A.
40A:9-136 et seq., hereby creates the Office of City Administrator.
[Ord. No. 1958 § 2;
1988 Code Part VI T.47 § 2; Ord. No. 02-2536 § 1]
The City Administrator shall be appointed by the Mayor and Common
Council, to hold office at the pleasure of the Common Council.
[Ord. No. 1958 § 3;
1988 Code Part VI T.47 § 3; Ord. No. 02-2536 § 1]
The City Administrator shall be appointed on the basis of executive
and administrative abilities and qualifications with special regard
to education, training and experience in government affairs; shall
make permanent residence in the City within six (6) months of the
date of appointment; and shall remain a resident of the City while
serving in the position unless this requirement is waived by vote
of the Common Council. Should the Common Council fail to waive the
residency requirement and should the Administrator cease to be a resident,
the office shall be deemed vacated.
[Ord. No. 1958 § 4;
1988 Code Part VI T.47 § 4; Ord. No. 02-2536 § 1]
The City Administrator shall, upon the supervision and control
of the Common Council be the chief administrative officer of the City
and shall be responsible to the Common Council as a whole for the
proper and efficient administration of the business of the City. The
Administrator's duties and responsibilities shall relate to the general
management of all City business, except those duties and responsibilities
conferred upon other City officials by applicable laws, rules and
regulations, judicial authority, or City ordinance.
As the chief administrative officer of the City, the Administrator
shall:
a.
Supervise and direct the business activities and function of all
departments and employees of the City and may delegate to any department
head or City employee such powers as the Administrator may deem necessary
for the effective administration of City business.
b.
Recommend to the Common Council, for its consideration and possible
action, policies that the Administrator thinks are in the best interests
of the City. Provide information and analysis to the Council in connection
with its policy development, and implement policies established by
the Common Council.
c.
Keep the Common Council informed as to the conduct of City affairs,
and submit periodic reports, either in writing or orally, on the work
of departments and officials, and such other reports, either in writing
or orally, as the Common Council may request.
d.
Prepare and submit to the Common Council, not later than January
15th, a proposed operating and capital budget for the fiscal year
and an explanatory budget message. In preparing the proposed budgets,
the Administrator shall:
1.
Consult with the governing body concerning budget policies and priority
programs for the coming budget period;
2.
Coordinate the action programs recommended in the City's strategic
plan with the budget;
3.
Obtain from each officer or the head of each department, agency or
board, estimates of revenues and expenditures, and other supporting
data.
The Administrator shall review the revenue and expenditure estimates
and may revise them before submitting the proposed budget to the Common
Council, provided that the Administrator shall not increase the Treasurer's
revenue estimates without submitting a written explanation with the
budget proposal.
e.
Be responsible for the administration and implementation of the work
programs contained in the budget and maintain a continuing review
and analysis of budget operation, work programs, and costs of City
services.
f.
Serve as the personnel officer of the City. Except in the Police
and Fire Departments, appoint employees of the City and make promotions
to supervisory and non-supervisory positions, except that appointment
of department heads shall be subject to the advice and consent of
the Common Council. Approve the advancement of employees within their
salary grades; approve the transfer of employees among divisions and
departments; report all personnel actions to the treasurer for inclusion
in a payroll resolution; approve the performance appraisal of all
employees; in consultation with the Common Council, appraise the performance
of department heads. With respect to the Police and Fire departments,
participate in the process leading to appointment of employees and
their promotion to supervisory positions, in accordance with ordinances
governing the management of those two (2) departments. Discipline
employees in accordance with provisions of the City's personnel policies
and other applicable laws.
g.
Receive complaints regarding services or personnel of the City, and
acting alone or by designating another officer or employee, investigate
and dispose of the complaints, keeping a written record of each complaint
and when and what action was taken in response thereto, and providing
the Common Council with a copy of such records on a current basis.
If any such complaint involves possible illegal acts, the Administrator
shall notify the appropriate law enforcement agencies.
h.
At the request of the Common Council, or, if appropriate, on the
Administrator's own initiative, study and analyze the duties and responsibilities
of, or investigate the performance of, any employee of the City and
submit a report relating thereto to the Common Council for such further
action as it may deem advisable.
i.
Supervise a public information program in order that all citizens
and businesses in the City may be kept informed on City and related
programs and activities.
j.
Represent the City in its relations with the Federal, State and County
governments, as requested and subject to the direction of the Common
Council.
k.
Keep the Common Council informed as to Federal, State and County
aid projects and any other aid programs for which the City may qualify.
l.
Enforce the laws of New Jersey and the ordinances and regulations
of the City.
m.
Attend all meetings of the Common Council and its committees as directed.
n.
Attend meetings of city boards, agencies, advisory committees or
other entities as directed by the Common Council.
o.
Conduct negotiations for the City in its labor relations and advise
the Common Council as to such negotiations for its final approval.
p.
Evaluate the City's interest in contracts, franchises and other business
transactions.
q.
Oversee the negotiations between the City and other parties and supervise
the performance and faithful execution of such contracts except where
such duties are assigned to some other City officer or officials.
r.
Assist the Mayor and Common Council in setting annual and long-term
goals for the City.
s.
Supervise and direct the periodic preparation and updating of the
City's Strategic Plan to assure its timeliness in the development
of City goals and policies.
t.
Recommend to the Common Council a statement of values to be observed
by City employees, develop programs for propagation of those values,
and monitor adherence of those values.
u.
Keep employees informed of City activities that affect them and involve
employees in the identification and solution of problems facing the
City.
v.
Be available to the Mayor for such advice or action as the Mayor
may deem prudent, provided that no action may be taken unless it is
accessible to Common Council inquiry and knowledge.
w.
Upon appointment by the Mayor or Common Council, as appropriate,
serve as the City's representative on boards or committees.
x.
Perform such other functions and duties as may from time to time
be assigned by ordinance, resolution or direction of the Common Council.
[Ord. No. 1958 § 5;
1988 Code Part VI T.47 § 5; Ord. No. 02-2536 § 1]
During the absence of the City Administrator, the Common Council
may appoint an officer or regular employee to perform the Administrator's
duties.
[Ord. No. 1958 § 6;
1988 Code Part VI T.47 § 6; Ord. No. 02-2536 § 1]
The City Administrator may be removed by a two-thirds (2/3)
vote of the Common Council. The resolution of removal shall become
effective three (3) months after its adoption. The Common Council
may provide that the resolution shall have immediate effect, provided
that the Common Council shall cause to be paid to the Administrator
any unpaid balance of salary and salary for the next three (3) calendar
months following adoption of the resolution.
[Ord. 1102 §§ 1,
4; Ord. No. 1956 § 1;
1983 Code Part VI T.50A]
a.
Appointment. There shall be a Deputy City Clerk who shall be appointed
by the Common Council for a term of one (1) year at a salary to be
fixed by ordinance.
b.
Powers and Duties. The Deputy City Clerk shall have all the powers
and perform all the duties of the City Clerk during such times and
for such specific periods as the City Clerk shall be absent.
c.
Supervision of Deputy City Clerk. The Deputy City Clerk shall work
under the direction of and be responsible to the City Clerk.
d.
Additional Duties. The Deputy City Clerk, in addition to the duties
prescribed in paragraph b above, shall perform such other duties as
may be assigned to him by the City Clerk.
e.
Absence of City Clerk and Deputy City Clerk. In the absence of the
City Clerk and Deputy City Clerk there shall be an Acting City Clerk
who shall be appointed by the Common Council of the City of Summit
for a term of one (1) year.
[Ord. No. 2049; 1988 Code
Part III T.16 § 1]
There shall be a Chief Financial Officer appointed by the Common
Council. The Chief Financial Officer may, but need not be, a person
who is also employed by the City in another capacity.
[Ord. No. 2049; 1988 Code
Part III T.16 § 2]
The Chief Financial Officer shall carry out the responsibilities
set forth under P.L. 1947, c. 151 (N.J.S.A. 52:27BB-26 et seq.).
[Ord. No. 2049; 1988 Code
Part III T.16 § 3]
Compensation for the Chief Financial Officer shall be established
by ordinance. When the City Treasurer is appointed to simultaneously
serve as Chief Financial Officer, such person shall receive no additional
compensation for service as Chief Financial Officer, beyond the salary
established by ordinance for the City Treasurer position.
[Ord. No. 1466 § 1;
1979 Code Part III T.14 § 1; New]
The Common Council by Resolution shall appoint a Tax Assessor
who shall perform the duties and possess the powers provided by law
for a term of four (4) years.
[Ord. No. 1466 § 2;
1979 Code Part III T.14 § 2]
The Tax Assessor shall be qualified by experience and training
and as provided by law for the performance and duties of his office.
The Tax Assessor shall devote full time to the position and shall
hold office for the time provided by law.
[Ord. No. 07-2748 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the City of Summit's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 07-2748 § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the City of Summit to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low and moderate-income households.
Shall mean the employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for the City of Summit.
[Ord. No. 07-2748 § 3]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
City of Summit.
b.
Subject to the approval of the Council on Affordable Housing (COAH)
or the Court, the Municipal Housing Liaison shall be appointed by
the governing body and may be a full or part-time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the City
of Summit, including the following responsibilities which may not
be contracted out:
1.
Serving as the City of Summit's primary point of contact for all
inquiries from the State, affordable housing providers, administrative
agents, and interested households;
2.
Monitoring the status of all restricted units in the City of Summit's
Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
COAH and, if applicable, by the Court;
4.
Coordinating meetings with affordable housing providers and administrative
agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH and, if applicable, by the Court;
6.
If applicable, serving as the administrative agent for some or all
of the restricted units in the City of Summit as described in paragraph
f below.
d.
Subject to approval by COAH or the Court, the City of Summit may
contract with or authorize a consultant, authority, government or
any agency charged by the governing body, which entity shall have
the responsibility of administering the affordable housing program
of Summit. If Summit contracts with another entity to administer all
or any part of the affordable housing program, including the affordability
controls and Affirmative Marketing Plan, the Municipal Housing Liaison
shall supervise the contracting administrative agent.
e.
Compensation. Compensation shall be fixed by the governing body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison. Only the six (6) required responsibilities outlined in paragraph
c above will be handled by Summit's Municipal Housing Liaison. All
other duties will be delegated to an approved administrative agent.
[1]
Editor's Note: Prior ordinance history includes Ordinance
Nos. 09-2871, 12-2968, 12-2998, 13-3031, 13-3032, 14-3070, 2015-3091,
2015-3099, 2016-3102.
[Ord. No. 2017-3128]
Pursuant to N.J.S.A. 40A:9-139, there shall be a City Solicitor
appointed by resolution of the Common Council of the City of Summit
on the basis of his or her knowledge of municipal law and qualification
to practice before all State and Federal courts sitting in New Jersey.
The term of office of the City Solicitor shall run from January 1st
to December 31st of each year and any appointment on other than January
1st shall be for the balance of the calendar year.
[Ord. No. 2017-3128]
The City Solicitor shall be the attorney of record for the City
and shall be the chief legal advisor to the Mayor and Council and
all offices, divisions, departments, and agencies except those permitted
individual counsel. The City Solicitor shall report directly to the
Mayor and Common Council. The City Solicitor shall, as required by
the Mayor or Common Council:
a.
Attend all regular, executive session and special meeting of the
Common Council, as specified in the annual professional services agreement.
b.
Draft or review as to form and sufficiency all legal documents, contracts,
deeds, ordinances and resolutions made, executed or adopted by or
on behalf of the City;
c.
Represent the interests of the City as directed and conduct appeals
from orders, decisions or judgments affecting any agency or interest
of the City;
d.
Render written opinions on any question of law submitted to him or
her by the Mayor, Common Council, City Administrator or City Clerk,
or other officials, as designated by the Mayor, Common Council, or
the City Administrator.
[Ord. No. 2017-3128]
The City Solicitor shall be compensated as specified in the
form of a professional services contract authorized by resolution
annually by the governing body, which shall be in compliance with
regulations and procedures set form in the local public contracts
law.
Said contract shall include a schedule of a retainer, hourly
rate and any additional fees for services rendered beyond the basic
services required by the Code as deemed reasonable and proper by the
governing body.
[Ord. No. 2017-3128]
Upon resignation or removal from office, or the expiration of
his or her term without re-appointment, the City Solicitor shall forthwith
deliver to his or her successor or to the City Administrator a written
consent of substitution of his or her successor in all actions then
pending and undetermined in which the City is a party.
[Ord. No. 2017-3128]
Upon resignation or removal from office, or the expiration of
his or her term without re-appointment, the City Solicitor shall immediately
deliver forthwith to the City Clerk all papers, documents, memoranda
and all other data relating to the office and the interests of the
City, including copies of attorney/client communications that have
been provided to the attorney, Mayor or Common Council during the
attorney's tenure. The City Clerk will turn over to the attorney's
successor all materials described above when the attorney's successor
is duly appointed as prescribed by law.
Prior ordinance history: 1996 Code § 2-13.1 — 2-13.5,
Ordinance Nos. 1585, 1636, 1893, 2021, 2006-2711.
[Ord. No. 2015-3089]
There is hereby created the position of Purchasing Agent for
the City of Summit.
[Ord. No. 2015-3089]
The Purchasing Agent shall be appointed by the Common Council.
[Ord. No. 2015-3089; Ord. No. 2017-3153]
The Purchasing Agent is required to possess a valid Qualified
Purchasing Agent certificate, as issued by the New Jersey Division
of Local Government Services, Department of Community Affairs pursuant
to New Jersey law, including but not limited to N.J.S.A. 40A:11-9(b);
N.J.A.C. 5:34-5.1; and N.J.A.C. 5:34-5.2.
[Ord. No. 2015-3089; Ord. No. 2017-3153]
Pursuant to N.J.S.A. 40A:11-3 and N.J.S.A. 40A:11-9, the Purchasing
Agent shall: (1) be responsible and accountable for the purchasing
activity of the City of Summit and (2) have the authority to prepare
public advertising for bids and requests for proposals and to receive
bids and proposals for the provision or performance of goods or services
permitted by law on behalf of the City of Summit. The Purchasing Agent
shall also award contracts pursuant to New Jersey law in accordance
with the regulations, forms and procedures promulgated by state regulatory
agencies and conduct any activities as may be necessary or appropriate
to the purchasing function of the City of Summit.
[Ord. No. 2015-3089; Ord. No. 2017-3153]
a.
Upon the appointment of a Qualified Purchasing Agent, the City of
Summit bid threshold will be established pursuant to N.J.S.A. 40A:11-3,
the Governor, and the New Jersey Department of the Treasury.
b.
The Purchasing Agent may award contracts for the provision of goods
or services permitted by law, the cost of which in the aggregate is
greater than seventeen thousand five hundred ($17,500.00) dollars
but less than the City's bid threshold.
c.
All contracts that are awarded by the Purchasing Agent, the cost
of which in the aggregate is greater than seventeen thousand five
hundred ($17,500.00) dollars but less than the City's bid threshold,
shall be awarded pursuant to the "non-fair and open" process. Any
such contracts shall be subject to the vendor reporting and certification
requirements set forth by the City and New Jersey's Pay-to-Play laws,
including but not limited to N.J.S.A. 19:44A-1 et seq.
d.
Pursuant to N.J.S.A. 40A:11-6.1(a), for all contracts that in the
aggregate are less than the City's bid threshold but fifteen (15%)
percent or more of the bid threshold and for those contracts that
are for subject matter set forth in N.J.S.A. 40A:11-5(1)(c) through
(hh), the Purchasing Agent shall award the contract after soliciting
at least two (2) competitive quotations, if practicable. The award
shall be made to a vendor whose response is most advantageous, price
and other factors considered. The Purchasing Agent shall retain the
record of the quotation solicitation and shall include a copy of the
record with the voucher used to pay the vendor.
e.
Pursuant to N.J.S.A. 40A:11-6.1(c), all contracts that are in the
aggregate less than fifteen (15%) percent of the City's bid threshold
may be awarded by the Purchasing Agent without soliciting competitive
quotations.
