[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 1-25-1988 by Ord. No. 1448. Amendments
noted where applicable.]
There is hereby established the position of
a Borough Administrator of the Borough of Hasbrouck Heights.
Said Borough Administrator shall be appointed
by the Mayor, with the advice and consent of the Council, for a term
of one year beginning on the first day of each year and ending on
the last day of that year.
It shall be the duty of the Borough Administrator
to act as chief administrative officer of the Borough and as liaison
between the governing body and the various officials, departments,
bodies and agencies of the Borough of Hasbrouck Heights at the direction
of the Mayor and Council and to fulfill such other duties as may be
specifically assigned by the Mayor and Council from time to time.
[Added 2-22-1994 by Ord. No. 1666; amended 6-24-1997 by Ord. No.
1797]
A.
It shall be the further responsibility of the Administrator
to supervise and assure the performance of the duties in accordance
with law, ordinance, contract or the direction of the governing body
of all Borough personnel except:
(1)
The Police Chief and the officers and other personnel of the Police Department to the extent that they are under the jurisdiction of the Police Committee, in accordance with Chapter 55 of this Code and with N.J.S.A. 40A:14-118.
(2)
Any other personnel the direction of whom is assigned
to another under law, ordinance or contract to the extent that such
law, ordinance or contract expressly provides.
B.
In the event that the Administrator determines that
any personnel under his or her supervision as aforesaid fails to perform
his or her duties as required after the Administrator has given notice
of such failure to that personnel, then the Administrator shall report
that determination to the governing body as soon as reasonably possible,
but no later than at its next regularly scheduled meeting. Except
for any specific directions of the governing body duly voted upon
and delivered to the personnel to whom it is directed, this section
establishes, in accordance with and to the fullest extent provided
under N.J.S.A. 40A:60-7a, the sole and exclusive authority to direct
Borough personnel, and no elected or appointed officer or official
of the Borough shall undertake any direction of such personnel, except
through the Administrator, in accordance herewith unless and only
to the extent that such authority to do so by another is expressly
provided for by law, ordinance, contract or direction of the governing
body.
C.
The Administrator, in performing his or her duties
hereunder, shall determine, with the advice of the Chief Financial
Officer, whether any expenditure that may be incurred as a result
of any directive has been duly authorized and the funds to abide the
same are available. The Administrator may, if he or she deems necessary,
seek the advice of the Borough Attorney to determine whether and/or
the extent to which the jurisdiction to supervise and direct is preempted
by law, ordinance or contract.
[Added 6-24-1997 by Ord. No. 1797; amended 7-22-1997 by Ord. No.
1802]
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. Except as expressly provided in § 4-3.1 hereof, 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.
[Added 6-24-1997 by Ord. No. 1797]
It shall be the further responsibility of the
Administrator to establish and, from time to time as he or she deems
necessary, modify a system of communications among department heads
and between them and the governing body to assure, first, that each
department is promptly informed of the need of the services of another
department when such need arises, and, second, that the members of
the governing body are promptly and fully apprised of any unanticipated
material change or emergent circumstance bearing upon the administration
of the Borough.
