Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No. 3884-04. Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Administrative Code — See Ch. 1, Art. III.
Township Council — See Ch. 5.

§ 10-1 Executive power.

The executive power of the Township shall be exercised by the Mayor, subject to the procedures set forth in the Charter.

§ 10-2 Duties of Mayor.

The Mayor shall:
A. 
Enforce the Charter and all ordinances of the Township adopted by the Council and all general laws applicable thereto.
B. 
Report annually to the Council and to the public on the state of the Township and the work of the previous year; he or she shall also recommend to the Council whatever action or programs he or she deems necessary for the improvement of the Township and the welfare of its residents. He or she may from time to time recommend any action or programs he or she deems necessary or desirable for the Township to undertake.
C. 
Supervise, direct and control all departments of the Township and shall require each department to make an annual and such other reports of its work as he or she may deem desirable.
D. 
Require such reports and examine such accounts, records and operations of any board, commission or other agency of the Township, as he or she deems necessary.
E. 
Prepare and submit to Council for its consideration and adoption an annual operating budget and a capital budget, establish the schedules and procedures to be followed by all Township departments, offices and agencies in connection therewith and supervise and administer all phases of the budgetary process.
F. 
Supervise the care and custody of all Township property, institutions and agencies and make recommendations concerning the nature and location of municipal improvements and execute improvements determined by Council.
G. 
Sign all contracts, bonds and other instruments requiring the consent of the Township, after approval by Council.
H. 
Review, analyze and forecast trends of municipal services and finances and programs of all boards, commissions, agencies and other municipal bodies and report and recommend thereon to Council.
I. 
Supervise the development, installation and maintenance of centralized budgeting, personnel and purchasing procedures as may be authorized by ordinance.
J. 
Negotiate contracts for the municipality subject to Council approval.
K. 
Assure that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, franchise or other contract are faithfully kept and performed.
L. 
Serve as an ex officio nonvoting member of all appointive bodies in municipal government of which he or she is not an official voting member.
M. 
Create and appoint to ad hoc and/or advisory committees whose purpose is to assist the Mayor in exercising his or her administrative functions.

§ 10-3 Meetings.

The Mayor may attend meetings of Council and may take part in discussions of Council to the extent authorized under N.J.S.A. 40:69A-41, but shall have no vote except in the case of a tie on the question of filling a vacancy in the Council, in which case he or she may cast the deciding vote.

§ 10-4 Veto power.

A. 
Each ordinance adopted by Council shall be promptly. delivered by the Clerk to the Mayor. Each ordinance shall be returned by the Mayor to the Clerk after the Mayor has affixed his or her signature thereto or after the expiration of 10 days from the date of its delivery to the Mayor in any event.
B. 
No ordinance or any item or part thereof shall take effect without the Mayor's approval, unless the Mayor fails to return an ordinance to the Council within 10 days after it has been presented to him, or unless Council upon reconsideration thereof on or after the third day following its return by the Mayor shall by a vote of two-thirds of the members resolve to override the Mayor's veto.

§ 10-5 Designation of Acting Mayor.

The Mayor shall designate the Business Administrator, any other department head or the Municipal Clerk to act as Mayor whenever the Mayor shall be prevented by absence from the municipality, disability or other cause from attending to the duties of his or her office. Such designation shall be made in writing and filed with the Municipal Clerk prior to the effective date thereof and under what conditions shall trigger this provision. During such time, the person so designated by the Mayor shall possess all rights, powers and duties of his or her office. Whenever the Mayor shall have been unable to attend to the duties of his or her office for a period of 60 consecutive days for any of the above-stated reasons, an Acting Mayor shall be appointed by Council, who shall succeed to all the rights, powers and duties of the Mayor or the then Acting Mayor.

§ 10-6 Appointment, removal and term of directors.

A. 
Appointment. The Mayor shall appoint, with the advice and consent of the Council, a director to head each department. Each director shall serve during the term of the office of the Mayor appointing him and until the appointment and qualification of his or her successor. The term "director" and "department head" shall have the same meaning as used throughout the Code and may be used interchangeably. Salaries of department heads may be recommended by the Mayor, and subject to approval of the Township Council.
B. 
Removal. If the Mayor, in his or her discretion, intends to remove a department head or any other municipal executive officer who is not a subordinate officer or employee, including any tenured employee other than the Municipal Clerk or an employee of whom Council is the appointing authority, Mayor must provide notice and opportunity to be heard. Mayor must file written notice of his or her intention to remove with Council by filing such notice with the Municipal Clerk. The Municipal Clerk shall stamp the notice with the date received and immediately forward copies to all members of Council. Council may disapprove the removal by adopting a resolution affirmatively voted by no less than five Council members prior to the 20th day after the filing of notice by the Mayor. The 20 days shall run from the date the notice is stamped received by the Municipal Clerk. If Council adopts such a resolution disapproving the removal, the person shall retain his or her terms and conditions of employment as existed prior to the time the Mayor expressed his or her intent to remove. If Council does not adopt such resolution prior to the 20th day after the filing of the notice with Council, the removal shall become effective.
C. 
The salaries of administrative employees, officers and directors of each department shall be fixed in accordance with N.J.S.A. 40:69A-43a.

§ 10-7 Removal of subordinate officers and employees.

Directors may remove subordinate officers and employees appointed by him or her within his or her respective department with the approval of the Mayor, subject to the provisions of New Jersey statutes, other general law and any applicable contractual obligations.

§ 10-8 Budget preparation.

A. 
The Mayor shall prepare the municipal budget with the assistance of the Business Administrator. During the month of May, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor or the Business Administrator at public hearings, which shall be held during that month, on the various requests.
B. 
On or before the 15th day of July, the Mayor shall submit to Council his or her recommended budget, together with such explanatory comment or statement as he or she may deem desirable. The budget shall be in such form as is required by law for municipal budgets, and shall in addition have appended thereto a detailed analysis of the various items of expenditure and revenue. Council may reduce any item or items in the Mayor's budget by a vote of a majority of the Council, but an increase in any item or items therein shall become effective only upon an affirmative vote of two-thirds of the members of Council. The annual budget shall be introduced no later than August 10 of the calendar fiscal year. Introduction of the budget shall constitute a first reading which may be by title.

§ 10-9 Compensation.

The Mayor shall receive a salary within the range provided in the current Salary Ordinance.