[Adopted 8-3-1978]
The office of Borough Administrator is hereby
created in and for the Borough of Hopatcong pursuant to N.J.S.A. 40A:9-136
et seq. and in accordance with the provisions of this article.
A.
Term of office. The term of office of the Administrator
shall be at the pleasure of the governing body.
B.
Appointment. The Administrator shall be appointed
by the Mayor with the advice and consent of the Council. Vacancies
shall be filled in the same manner as the original appointment.
C.
Absence or disability. During the absence or disability
of the Administrator, the Mayor and Council may, by resolution, appoint
an officer or regular employee of the Borough to perform the duties
of the Administrator during such absence or disability. Such absence
or disability shall be limited to three continuous months, after which
time the absence or disability may be deemed a vacancy.
D.
Removal
from office. The Borough Administrator shall only be removed as set
forth in N.J.S.A. 40:9-138.
[Amended 4-2-2009 by Ord. No.
15-2009; 4-19-2017 by Ord. No.
4-2017]
A.
The Borough Administrator shall be chosen solely on
the basis of executive and administrative abilities and qualifications,
with special regard to education, training and experience in government
affairs and shall have, as a minimum, a bachelor's degree in municipal
management, business or public administration, accounting or related
business, administrative, legal or public service fields or at least
five years' time of equivalent experience. Previous responsible, successful
experience in municipal government and possession of a master's degree
in public administration, business administration or municipal management
shall be preferred.[1]
[1]
Editor's Note: Former Subsection B, regarding
residency, which immediately followed this subsection, was repealed
2-7-2001 by Ord. No. 2-2001.
B.
No elected member of the governing body may receive
such appointment as Administrator during the member's normal term
of office or within three years after the normal expiration of the
member's normal term of office, except for the possibility of interim
appointment to fill an absence or vacancy, not to exceed 90 days.
The Administrator shall be the chief administrative
officer of the Borough of Hopatcong and shall be responsible to the
governing body as a whole for the proper and efficient administration
of the business affairs of the Borough. The Administrator's duties
and responsibilities shall relate to the management of all Borough
business, excepting therefrom those duties and responsibilities conferred
upon the Borough officials by state statute, other applicable laws,
rules and regulations promulgated by state and county agencies or
such as the governing body may reserve to itself through this article.
The members of the governing body shall not give orders or directions
to any Borough employee except through the Administrator.
A.
The Borough Administrator shall act as the chief administrative
officer of the Borough. The Administrator's duties shall include the
development of rules and regulations for administrative procedures
governing purchasing practices, operation of all departments, personnel
management and general coordination of departments, offices, boards
and agencies of the Borough, all for the purpose of increasing the
effectiveness and efficiency of the Borough government and promoting
its economic and responsive operation.
B.
The Administrator shall perform the duties hereinafter
enumerated and such other duties as may be assigned by the governing
body. The Administrator's entire time and effort shall be devoted
to the performance of the duties and functions of the position of
Administrator, and the Administrator shall not engage in any other
occupation or employment while employed by the Borough, except as
approved by the governing body. The Administrator shall:
(1)
Represent the Borough and assert its proper interests
in relation to the state and other political subdivisions and with
respect to Borough contracts and franchises.
(2)
Attend all regular monthly meetings of the governing
body and the work sessions for these meetings, with the right to speak
but not to vote on all agenda items, and attend other meetings as
directed by the governing body. He shall receive notice of all special
meetings of the governing body and of all advisory committees, boards,
commissions and other agencies of the Borough and shall keep the governing
body informed as to the conduct of Borough affairs. He shall submit
periodic reports, either in writing or orally, on the condition of
the Borough finances, and he shall submit other reports, either in
writing or orally, as the governing body shall request and shall make
recommendations to the governing body necessary and advisable for
the welfare of the Borough. The Administrator shall submit to the
governing body, as soon as possible after the close of the fiscal
year, a complete written report on the administrative activities of
the Borough for the preceding year.
(3)
See that the provisions of all franchises, leases,
permits and privileges granted by the Borough are complied with and
provide periodic reports on said compliance upon request.
(4)
Study the governmental and administrative operations
and needs of the Borough and prepare and recommend to the governing
body necessary and desirable plans and programs to meet present and
foreseeable needs, and develop, prescribe and enforce rules and regulations
for the efficient management of the Borough government in order to
avoid any duplication or overlapping of effort among the departments
or among the units within a department and to improve the methods
and procedures of administration.
(5)
Keep the public fully informed regarding the operations
of the Borough government.
(6)
Keep the governing body informed as to the federal
aid projects and any state aid projects and any other aid programs
for which the Borough may qualify and actively pursue said projects
and programs upon instruction by the governing body.
(7)
Be responsible for the administration of the budget
after its adoption by the governing body and the implementation of
the work programs contained in the budget.
(8)
Oversee the execution and enforcement of the laws
of the State of New Jersey and ordinances and resolutions of the governing
body.
(9)
Receive copies of all general and official correspondence
addressed to the Borough of Hopatcong and see that they are referred
to the appropriate officer or department for disposition and reply.
(10)
Integrate and coordinate the functions of all departments,
boards, agencies, offices and officials and also maintain a liaison
with the Hopatcong Board of Education. The Administrator shall be
responsible for continually improving communications between the various
Borough personnel, departments, agencies, boards and the governing
body.
(11)
Recommend the employment of experts and consultants
to perform work and render advice in connection with Borough projects.
(12)
Assist the Clerk in the preparation of the agenda
for each voting meeting of the governing body and supply facts pertinent
thereto in time for the work session preceding the meeting and, further,
arrange meetings and conferences when so required by the Council.
[Amended 4-1-1998 by Ord. No. 9-98]
(13)
At the request of the governing body, inspect the
duties and responsibilities of any elected or appointed official and
department of the Borough, submitting a report relating thereto to
the governing body for such further action as the governing body may
deem advisable in such instance. This subsection shall not apply to
the members of the governing body.
(14)
Attend to the letting of contracts in due form of
law and supervise their performance and faithful execution except
insofar as such duties are expressly imposed upon some other Borough
officer or official by statute.
(15)
See that all money owed the Borough is promptly paid
and that proper proceedings are taken for the security and collection
of all the Borough's claims.
(16)
Perform such other duties as may be required by the
governing body.
The Administrator shall supervise all personnel
of the Borough through the respective department heads and direct
the business activities of all Borough departments, including the
direction of central purchasing and the employment and replacement
of personnel, as may be required in said departments within the limits
prescribed by the budget and as hereinafter provided. The Administrator
shall:
A.
Have all complaints regarding services or personnel
of the Borough referred to the office of the Administrator. The Administrator,
or an officer designated by the Administrator, shall investigate and
dispose of such complaints, and the Administrator shall keep a written
record of such complaints and of when and what action was taken in
response thereto and provide the governing body a copy thereof when
requested so to do.
B.
Study, recommend, implement and enforce the financial
procedures and policy of the Borough and its departments, after consultation
with department heads and approval of the governing body.
C.
Establish and maintain sound working, personnel and
administrative rules, regulations and practices and appropriate records
and reports, subject to such policies as may be established from time
to time by employee contracts.
D.
Require the various departments of the Borough to
furnish annually an adequate inventory of all equipment, materials
and supplies in stock and recommend the sale of any surplus or obsolete
equipment, materials and supplies.
E.
Ensure that there is an up-to-date and coordinated
filing system for all Borough departments, offices, boards and agencies.
F.
Negotiate contracts for the Borough upon request of
the governing body and subject to the approval of the governing body.
G.
See 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 governing body.
H.
Make any recommendations which may increase the efficiency
of the operation of the Borough.
I.
Continually review and supervise the Borough's insurance
program.
J.
Be responsible for the overall supervision and maintenance
of real property owned by the Borough, except as modified through
delegation by the governing body or ordinance to autonomous boards
or commissions.
K.
Be responsible for the conduct of a sound investment
program, subject to governing body policy, and report such actions
and results to the governing body semiannually or more frequently
when directed.
L.
Assign office space, furniture and facilities among
and within departments.
A.
The Administrator shall be the purchasing officer
of the Borough and shall purchase or supervise the purchase of, in
accordance with the provisions of the governing statutes and sound
purchasing practices, all materials, supplies and equipment of the
various agencies, boards, departments and other offices of the Borough.
The Administrator shall keep or cause to be kept an account of all
purchases and shall, from time to time or when directed by the governing
body, make a full report thereof.
B.
The Administrator shall establish rules, regulations,
standards and specifications to control all purchases by the Borough
and shall recommend to the governing body such standards as to quality,
size and variety of articles, equipment and supplies used by the offices
and departments of the Borough to make possible uniform purchasing
practices. He shall act as purchasing agent in the purchase of such
materials, equipment and supplies and shall issue or supervise the
issuance of the necessary purchase orders for such materials, equipment
and supplies for all departments. He shall ensure that all purchases
are at the most favorable price to the Borough and see to it that
the materials, equipment, services or supplies delivered are correct
in number or amount and comply with the standards and specifications
prescribed by the governing body as agreed to at the time of purchase.
C.
The Administrator shall advertise for proposals for
the furnishing of work, equipment and materials and receive bids therefor
at the direction of the governing body.
D.
The Administrator shall review, validate and recommend
all bills and vouchers for payment prior to final approval by the
governing body and shall establish procedures associated with the
voucher process.
E.
The Administrator shall have no interest, directly
or indirectly, in any contract job for work or materials, or the profits
thereof, to be furnished to or performed for the Borough.
A.
The Administrator shall serve as the personnel officer
of the Borough and, as such, may:
(1)
When he deems it necessary or advisable for the betterment
of the Borough, suspend, discharge or otherwise discipline any employee
following consultation with the respective department head and suspend
or otherwise discipline a department head.
(2)
Recommend and, upon approval by the governing body,
hire or discharge department heads.
(3)
Hire and promote all other employees of the various
Borough departments subsequent to satisfactory completion of a probationary
period and consultation with the respective department head.
B.
The Borough Administrator shall report by the next
regular meeting thereafter of the governing body any action taken
by authority of this section.
C.
Persons covered by the civil service provisions of
the State of New Jersey or other applicable statutes or covered by
local contractual agreement shall be hired, promoted, suspended, discharged
or otherwise disciplined in accordance with such provisions.
A.
In preparation for the annual Borough budget to be
proposed to the Council for adoption, the Administrator or an officer
designated by the Administrator shall obtain from the head of each
department, committee, board, commission or agency or other officer
estimates of revenues and expenditures and other supporting data as
requested. Said data shall be supplied by November 1, with copies
distributed to the governing body prior to the public budget hearings.
B.
The Administrator shall prepare and compile budget
studies, analyses and schedules, assist in the conduct of public departmental,
board, committee and commission budget hearings during the months
of November and December in each year and, in conjunction with the
Chief Financial Officer, otherwise assist the Mayor in such manner
as the Mayor shall require in the preparation of the annual Borough
budget. The Administrator shall help draft an explanatory budget message,
including a comparison of prior years' appropriations and expenditures
and an analysis of the proposed expenditures. Upon adoption of the
budget, current accounts of the expenditures made shall be kept on
a monthly basis based upon the supplemental detail of the adopted
budget. The Administrator shall maintain a continuing review and analysis
of budget operation, work progress and costs of municipal services.
[Amended 2-22-1989 by Ord. No. 5-89]
C.
The Administrator shall prepare the temporary budget
for presentation at the January regular meeting of the governing body.
D.
Upon request and as requested, the Administrator shall
assist the Planning Board in the development of the capital improvement
plan.
Nothing in this article shall derogate from,
or authorize the Borough Administrator to exercise, the powers and
duties of the elected and appointed officials of the Borough.
The Borough Administrator shall furnish a surety
bond to be approved by the governing body, said bond to be conditioned
upon the faithful performance of his duties. The premium of said bond
shall be paid by the Borough.
[Added 4-2-1981 by Ord. No. 16-81]
It shall be the intent of this article to promote
a more responsive government and to indicate that the governing body
and the office of Administrator are integral to that end. It shall
be understood that while this article defines and enumerates the duties
and conditions of the office of Administrator, it also affirms the
conviction by the governing body to allow for implementation of the
duties within its scope and that the governing body and Administrator
must refrain from any practices inconsistent with that end.
