[Adopted 12-21-2021 by Ord. No. 2021-17]
There is hereby created in and for the Borough of East Rutherford the position of Borough Administrator, as authorized by N.J.S.A. 40A:9-136.
A. 
The Borough Administrator shall be appointed by the Mayor with the advice and consent of the Borough Council, for a term of one year beginning on the first day of each year and ending on the last day of that year. Any vacancy which may occur in said position, whether the same occurs by death, resignation, or otherwise, shall be filled in the same manner. These time constraints shall be computed from the day the vacancy occurs. A vacancy shall be deemed to commence upon cessation of duties of the duly appointed Borough Administrator.
B. 
The Borough Administrator may be removed by a two-thirds vote of the governing body, subject to and as permitted by N.J.S.A. 40A:9-138. The resolution of removal shall become effective three months after its adoption by the governing body. However, the governing body may provide that the resolution have immediate effect, in which case the Administrator shall be paid forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the resolution.
C. 
Compensation. The Borough Administrator shall be paid a salary fixed and adopted by the Borough Council in the annual Borough Salary Ordinance and/or amendments thereto. At the time of creation of this position, it is intended that the position shall be filled on a part-time (20 to 25 hours) basis, and compensation shall be established with that understanding. Nevertheless, said compensation shall not be based on an hourly rate, and should the Administrator work more or less than said anticipated weekly commitment, same will not give rise to an adjustment in compensation.
The Borough Administrator shall be chosen on the basis of her/his executive and administrative abilities and qualifications with special regard to education, training and experience in governmental affairs.
Subject generally to the direction and supervision of the governing body, the Borough Administrator shall be the chief administrative officer of the Borough, responsible to the Mayor and Council for the administration of all Borough affairs, and with the following powers and duties:
A. 
Administrative officer. The Borough Administrator shall serve as the principal administrative officer representing the Mayor and Council and shall recommend and then implement and enforce such administrative procedures and policies as may be adopted by the Borough for its departments, under the direction of the Mayor and Council.
B. 
Personnel. The Borough Administrator shall:
(1) 
Supervise all personnel of the Borough through the respective department heads unless otherwise provided for by law or this article.
(2) 
Advise the Mayor and Council on all matters of personnel administration and organization and assign personnel to the performance of all duties in all departments.
(3) 
Study, recommend, implement and enforce personnel organization and policy of the Borough and implement personnel leave policies as established by the Mayor and Council for all departments, except as otherwise provided by law for police and fire departments.
(4) 
Maintain comprehensive personnel files and evaluation systems of job performance and duties.
(5) 
Administer and negotiate on behalf of the Borough all labor contracts.
(6) 
Serve as the personnel officer of the Borough and, with the concurrence of the Mayor and Council, have the authority to hire, evaluate, transfer, promote, discipline and/or discharge all employees to the extent not prohibited by law or provided for elsewhere in the ordinances of the Borough. In those instances where the final authority rests with another agency, the Borough Administrator shall assist that agency by recommending New Jersey Municipal Management Association Municipal Administrator Model Ordinance personnel actions which are consistent with those applied to other Borough employees.
(7) 
Investigate the affairs of any employee, officer, department, agency or authority of the Borough when necessary or directed by the Mayor or Council and submit a report relating thereto.
C. 
Purchasing procedures. Study and recommend and then implement and enforce such purchasing practices and policies as may be adopted by the Borough for its departments, under the direction of the Mayor and Council.
D. 
Borough policies. Study and recommend and then implement and enforce such personnel practices and policies as may be adopted by the Borough for its departments, under the direction of the Mayor and Council.
E. 
Coordinate intradepartmental operations. Assign responsibility for departmental action and coordinate intradepartmental operations as authorized by the Mayor and Council.
F. 
Coordinate procedures and policies. Study, recommend, implement and enforce the procedures and policies of the Borough and its departments for the coordination, compiling, editing and prompt dissemination and release of public information, upon the recommendation and authorization of the Mayor and Council.
G. 
Responsibility. Ensure that all terms and conditions imposed in favor of the Borough or its inhabitants in any statute or contract are faithfully kept and performed, and upon knowledge of any violation, call the same to the attention of the Mayor and Council.
H. 
Financial condition. Keep the Mayor and Council informed of the financial condition of the Borough: Study and recommend and then implement and enforce such financial policies as may be adopted by the Borough for its departments, under the direction of the Mayor and Council.
I. 
Efficiency and effectiveness. Conduct a continuous study of all activities and operations of the Borough government and recommend changes for the purpose of increasing efficiency and effectiveness; prescribe such rules and regulations as s/he shall deem necessary, subject to approval of the Mayor and Council, for the conduct of administrative procedures, and revoke, suspend or amend any such rules or regulations, subject to the approval of the Mayor and Council, to facilitate the proper implementation of municipal policies.
J. 
Inventory. Require the various departments to effect an adequate inventory of all equipment, materials and supplies in stock and to recommend sale of any surplus, obsolete or unused equipment when authorized so to do by the Mayor and Council.
K. 
Public meetings attendance. Attend all public meetings of the Borough Council and any other meetings when so requested by the Borough Council.
L. 
Budget preparation. In consultation with the Chief Financial Officer and the Borough Clerk, assist the Borough Council in the preparation of the annual Borough operating and capital budgets to be considered and adopted by the Borough Council.
M. 
Communication. Manage the Borough's social media accounts, including the Borough website, and ensure the dissemination of information related to the Borough to the public.
N. 
Other duties. Perform such other duties as may be from time to time specifically assigned by the Mayor and Council.
The Borough Administrator shall consult with the Borough Auditor so as to keep him advised of the continuing review and analysis of proposed operations, work, progress and costs of municipal services.
Nothing contained herein shall be construed to limit the duty or authority of the Mayor or individual Councilperson to observe any Borough personnel in the performance of their duties or to report observations and/or suggestions to the Administrator and/or the governing body. Nothing contained herein shall be interpreted to diminish the authority of the governing body acting as a whole to direct personnel to the extent otherwise permitted by law nor to limit its otherwise lawful authority to ultimately direct the Administrator. Nothing herein shall be construed to diminish any of the respective powers of the Mayor or the Council as set forth in N.J.S.A. 40A:60-5 and 40A:60-6 or as set forth in general law.
This article shall be known and may be cited as the "Borough Administrator Ordinance."
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
All ordinances or parts of ordinances or resolution inconsistent with the provisions of this article are hereby repealed to the extent of their inconsistencies.
This article shall take effect immediately upon publication and final passage pursuant to law.